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HomeMy WebLinkAbout1956 07-10 CC MIN7 National City, California, July 10, 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, Heck, Hollingsworth, Hodge, Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill, Wagner. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Donald E. Fullerton. Moved by Hollingsworth, seconded by Hart, that the minutes of the adjourned meting of June 26, 1956, be approved. Carried, all the Council present voting aye. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of July 3, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6687 was read, approving the extension by the City of National City of the Agreement with the City of San Diego for the maintenance and repair of radio equipment for one year beginning July 1st, 1956. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that the bus stop at 8th Street and "A" Avenue remain. It was recommended that the City Council be asked for endorsement of the Resolution for the policing of Montgomery Freeway. COUNCILWOMAN HOLLINGSWORTH suggested that the City Clerk get a copy of the resolution and present it to the Council at the next meeting. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that two hour parking signs be installed between 8th Street and 9th Street on both sides of "B" Avenue, if the ordinance so permits. Moved by Hollingsworth, seconded by Heck that it be referred to the City Manager for a report. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY CO=.viITTEE recommended that street lights be installed on 21st and/or 22nd Streets on McKinley Avenue. Moved by Heck, seconded by Hart, that the Traffic Safety Committees recommendation be allowed and the matter be referred to the City Manager for action. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read stating that proposed lights at 8th Street and Palm Avenue were deemed not advisable at this time since the presence of the signal stan- dards would constitute a road hazard in the absence of curbs at this intersection. COUNCILAN HECK stated he did not con- cur in the opinion of the Traffic Safety Committee and thought it was time some action be taken to install proper protective signals. COUNCILMAN FESS JIAN stated the fact that there are no curbs does not prevent the installation of traffic signals be- cause it can be protected by curbs or islands, and that he too thought there should be a signal. COUNCILMAN HART said he too thought there should be traffit'iights at that intersection. MAYOR HODGE suggested that some members of the Council attend the next Traffic Safety Committee's meeting and try to deter- mine how much research they have made in this regard, and 7-10-56 8 whether or not it is correct. COUNCILMAN F'SSMAN stated he will try to attend the next meeting if he is advised when they meet but that he thought the matter should also be referred to the City Engineer and City Manager to see if it is feasible to install traffic lights. Moved by Heck, seconded by Hart, that the matter of placing a traffic light at 8th and Palm be re- ferred to the City Manager and City Engineer to bring In a feasibility report and availability of funds for the installa- tion of such a light. Carried, all the Council present voting aye. The Traffic Safety Committee also recommended that traffic lights be installed in the following suggested order as the budget so permits: 1. 6th Street and Roosevelt Avenue. 2. 8th Street and Harbison Avenue. It is recommended that the following be held for future study as the need arises: 18th Street and "D" Avenue, 8th Street and "D" Avenue and 8th Street and Palm Avenue. Moved by Heck, seconded by Fessman, that the recommendation for the traffic lights at 8th and Roosevelt, and 8th and Harbison be referred to the Finance Committee for determination of the availability of funds. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that Indemnity Insurance Company of North America has issued its Bond No. M 122714 in favor of G. George Wright dba Midway Contracting Company, as Principal. The Bond satisfies the requirements of Ord. 243 which requires a Sidewalk License Bond, and recommended it be approved and filed. Moved by Hollingsworth, seconded by Hart, that the City Attorney's recommendation be followed. Carried, all the Council present voting aye. AL GRAFF, representing the Citizens Committee Against the Re- call, was present and said he had a letter which he wished the Council would use in the form of a resolution. The letter read as follows: "The undersigned respectfully request that the Council of the City of National City, in order to quiet false rumors, now go on record to the effect that there is no proposed ordinance being considered that in any way threatens the home of any citizen of National City". Moved by Fessman, seconded by Hollingsworth, that the request of Mr. Graff be approved and a resolution prepared, as requested. Carried, all the Council present voting aye. MASTER BOB GILCHRIST, 1036 Hoover Avenue, was present and stated Patty Gilchrist, Maggie Stevens and he wish to build a "Kool Ade Stand" for charity by Talbert's Market, loth and National Avenue, and asked for permission to do so. MAYOR HODGE stated after the Council meeting he will introduce them to the City Manager and see what can be done to solve their problem. PETITION FOR 1911 ACT IMPROVEMENT on "A" Avenue between 24th and 25th Street, was presented. COtMMUNICATION FROM HARMON JASON was read stating he owns property on "A" Avenue between 25th and 26th Street and wishes to have his name removed from the petition for 1911 Act. COUNCILWOMtAN HOLLINGSWORTH stated this was laid over for a legal opinion, and as far as the per- centages are ras before. MAYOR oHODGEestated d we rthere e lisl inotlegal he mopinion oready at this time so it will be held over. COeMiUNICATION FROM JOSEPH DAMICO regarding property encroacha anent and construction at 1420 National Avenue, was presented. JGS.EPH DAMICO, owner of the Park Motel, APO National Avenue, was the twoent, and feet alongtthedfor the sidewaik,past whichlBisy tCitrs he hasused property, and 7-10-56 9 during that time there has never been any complaint. He de- cided to put in a swimming pool at the motel and due to a mis- understanding with the Building Dept. thought he could use the two feet of City property so all his plans for the pool were laid accordingly. Since that time he has been asked to stop the construction of the pool, and because of a misunderstand- ing he has to move the: pool, which he stated he cannot do or it will create a hardship on whoever swims in the pool because there will only be about 18 inches clearance. Mr. Damico said he cannot afford to move the pool and would only like to use the two feet of City property. Moved by Fessman, that the matter be referred to the City Attorney for a legal opinion and that it be deferred until next week to give the Council a chance to look at the pool. MR. DAICO stated he has talked with the City Attorney and that it is up to the City Council to make the decision now as he cannot afford to have this held over. Motion died for lack of a second, ATTORNEY CURRAN stated he did not know whether the City has simply a right of way or fee title, and assuming it is a fee title it would be conceivable that the Council should decide that the property should be sold and the proper steps taken so the title would become vested with Mr, Damico, which would be a solution, but it would take considerably more time than Ar. Damico wants to take. If it is only a right of way you have an encroachment on a public thoroughfare and there would be problems of lia- bility which would place the City in jeopardy. MR. DAMICO said he did not wish to buy the property, only to use it. ATTORNEY CURRAN stated in view of the fact that Mr. Damico has stated he did not wish to buy the property, we have to con- sider the principle that the City cannot give away City pro- perty, it cannot make a gift of it to Mr. Damico or anybody else, on that basis there would have to be some consideration by which any rights could be given to Mr. Damico. Moved by Hart, that the request be denied. COUNCILMAN HECK stated he felt that due to the fact that Mr. Damico made application for a building permit and his plans were submitted to our depart- ment and they somehow overlooked the idea that there was an encroachment on two feet of City property, it would be a tre- mendous hardship for Mr. Damico to have to move his pool. RE- PORT FROM THE BUILDING DEPARTMENT was read. CITY MANAGER BIRD stated the plans show five feet, and because of the fact that they are a print it was originally taken as eight feet by one and three feet by another, with the result that Mr. Biggs of the Building Department requested the original plat and draw- ings be submitted in which it was determined it was a five foot setback as shown on the plan, and the pool sets five feet from the property line. The problem that presents itself to Mr. Damico is the fact that he will not have ample cat -walk on the east side of his pool. Motion seconded by Hollingsworth, COUNCILMIAN HECK stated instead of denying the request he would rather find out what type of title the City has and if it is an easement we could give Mr. Damico a revokable permit to that property. After further discussion Councilwoman Holliligs- worth withdrew her second. Motion died for lack of a second. Moved by Heck, seconded by Fessman, that the matter be abled until next week at which time the Attorney will report as to the type of ownership vested with the City on the two foot piece of property, and the report to include the legality and propriety of granting such a permit, if one is permitted under the law. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE GENERAL BEVERAGE LICENSE of 21 Club, 2105 National Avenue, was presented. REPORT FROM POLICE DEPARTMENT states that investigation fails to disclose any grounds for protest. goved by Hollingsworth, seconded by Heck, that the application be filed. Carried, all the Council 7-10-56 10 present voting aye. COUNCILMAN FESS:4AN asked the City Attorney just what the Council's responsibility is in the matter of liquor licenses. ATTORNEY CURRAN stated that Russell Monroe who is the Director of the Alcoholic Beverage Control Department at a meeting in San Diego of the League of California Cities a few months ago made itoquite clear there ,,,,� r-r:44 was no question in his mind that there was/such a/thing as `f`a-° 0/4/ local option in California. One of the cities in California/ has attempted to control liquor licenses through its zoning and Mr. Monroe feels so strongly on the problem that he is instituting a court action to have that action declared un- constitutional. About 1932 in California the Wright Act was repealed. This Act was an act of the legislature which was the State equivalent of the Volstead Act enacted by Congress. It was by adoption of the people by constitutional amendments that liquor control was placed in the State and the present policy is that the cities have no authority, and until we have court decisions to the contrary that is the administrative interpretation we will have to proceed on. RESOLUTION OF THE TRAFFIC SAFETY CO;»MITTEE OF THE CITY OF NATIONAL CITY, CALIFORNIA, was read, stating more active policing of Montgomery Freeway is necessary, and that addi- tional cars and officers of the California Highway Patrol be assigned as necessary to reduce the fatalitities and accidents on the freeway and main routes between San Ysidro and San Diego, and that the California Highway Patrol consider im- mediately and seriously the effectiveness of assigning to this area: (1) Flying squads at reasonable intervals, (2) Offi- cers at the border on a one -shift basis for the purpose of de- tecting and discouraging the entry of drivers under the in- fluence of liquor or narcotics. Moved by Heck, seconded by Fessman, that the Resolution be adopted, and that a copy of this be forwarded to the Governor of the State of California. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL reported that a portion of the project items for the aerial photographing of National City have been received; also plans and specifications for the 18th Street project have been received from Engineer of Work Phelps and have been transmitted to the State Highway for their approval. CITY MANAGER BIRD stated he would like a clarification on a motion passed by the Council in relation to street lights on McKinley, and asked if it is the Council's intention to put in one, two or three lights. It was recommended by the Traffic Safety Committee that a street light be installed on 21st Street and/or 22nd. Moved by Heck, seconded by Hollingsworth, that lights be installed at the corner of 21st and' 22nd,:pn :c]ktnlcy. C�rrif,.�'.'ay'tne fbllowin '.votd;Lo-wif: •Ayel:-Fcss- nan,. Ht rt; Heck, ,1io11ingswortN, Hodg! _ 'Nays: None. CITY MANAGER BIRD reported on the problem of drainage at Rachael and Albemarle Streets in San Diego, or Rachael and 20th Streets in National City. COMMUNICATION FROM ENGINEER FOGG, City of San Diego, dated November 12, 1953 was read stating that on May 12, 1953 they wrote the former City Manager, Mr. Rhodes, calling his attention to the unsatisfac- tory condition of the stream channels situated where the storm drains from Paradise Hills area discharge through National City's culverts. Some work has been done to improve the channel at 18th and Rachael but the channel at Rachael and Albemarle Streets,, the condition is still such that any 7-10-56 11 rain and runoff will cause damage. Our street department has attempted to clean out the 36 inch culvert in Rachael Street but the channel down stream from the culvert is blocked, causing water and debris to be deposited in the culvert. Dur- ing a recent light run off our sewage pumps station located near the culvert was flooded. It is again suggested that this condition be remedied before the winter rains commence. CITY MANAGER BIRD stated on July 5th of this year subsequent to a call from Assistant City Engineer of San Diego, Mr. Blom, a communication was received by the City EngineeridgAcipr..tr om City Engineer Fogg, City of San Diego was read stating that recently Mr. Eckenrode of their office and Mr. Finney of the City Engineer's office made a joint inspection of the subject location where a dangerous condition exists following any rainfall. A storm drain serving the Paradise Hills area dis- charges into a natural waterway traversing an area of National City and in which obstructions to the natural flow have been permitted to be constructed. At times of runoff, Rachael Street becomes flooded and a serious traffic hazard results and this City's sewage pump station, located nearby, is also subject to damage. Following said inspection and discussion of this matter with Mr. Finney, we have prepared a plan which, if built, we believe would effect a permanent remedy. The estimated cost of the work proposed is $3,850.and, although we believe this work Is the entire responsibility of National City, we shall be pleased to recommend to our City Manager the approval of 50% participation by this City in the work upon advice from you that same is satisfactory to National City. Being located mostly in National City, it would seem that the work should be done by your forces and we believe payment can be arranged for 50% share of the cost of work done, or we can supply the pipe for the work, with you assuming the installa- tion costs. It is requested this be given immediate attention and advise us promptly should such a cooperative project ap- pear feasible. CITY MANAGER BIRD stated City Engineer Lill, Mr. Briggs of the Street Department, Mr. Finney, and himself made an inspection of this today and we come to a situation which must be determined by the City Attorney's office. The obstructions which are spoken of down stream are in the main with an 18 inch culvert placed by the property owner entirely on his own property within the stream which he then filled up. The question which will have to be answered by the Attorney is as to our liability in corralling this water as it goes on down through its natural channel. There is an extension of 196 feet but it should be extended another 66 or 100 feet fur- ther, at S15 to $18 a lineal foot. CITY MANAGER BIRD said with the Councills permission he will ask the City Attorney for cer- tain advice as to how to proceed. REPORT FROM THE PLANNING CtMMISSION regarding policy to es- tablish Tenth Street extension as major street was read. City Planner Wagner informed the Commission of a proposed subdivi- sion just east of the city limits in the lower portion of the property formerly known as the Berner property. A preliminary map of proposed subdivision is being reviewed by the San Diego City Planning Department. The tentative master plan of major and secondary streets indicates that the Tenth Street exten- sion would terminate at Eighth Street (Paradise Valley Road) through this property and the preliminary subdivision map of O.D. Arnold's Estates, being studied by the San Diego Planning Department prior to a proposal for annexation to that City, does not provide for the Tenth Street extension. The City Planner advised that official approval of the proposed route would aid the San Diego Planning Department in its recommenda- 7-10-56 12 times. On June 13, 1955, the Planning Commission unanimously approved a layout of the route from Palm Avenue easterly to a connection with Paradise Valley Road, subject to review by detail engineering. The Commission viewed a detailed engineer- ing study by the Engineering Department showing an 80 foot right of way easterly from Harbison Avenue to a connection with Paradise Valley Road. It was the recommendation of the Commission that the Council approve this as a tentative route, subject to the City Engineer's approval for the purpose of in- dicating to the City of San Diego our major street extension through this area. The Commission recommended the Fourth Street extension be approved as indicated on the master plan for connection with Paradise Valley Road through the southerly portion of Lots 13 and 14 of Pritchard's Paradise Villa Addi- tion. COUNCILMAN HECK asked if this means that the Berner property is being considered for annexation by San Diego. CITY PLANNER WAGNER stated he contacted Mr. O.D. Arnold and discussed.pcssible annexation of his property to National City and, as far as the annexation is concerned,the matter fs<,as yet undecided. However, in order to secure this particular right of way it was felt by the tecnician in San Diego that the wisest protection for National City was to indicate to them officially the desire for the extension and that ;:t be placed as a condition of annexation rather than subdivision control; and that is the reason why it went before the Planning Commis- sion last night and is being presented to the Council today to indicate officially whether or not the City feels that such a route is desirable. If they proceed with the annexation peti- tion to San Diego, they would recommend that it be a contin- gency on acceptance of the property. COUNCILMAN HECK asked if any further action has been taken toward the annexation of Berner Hills. CITY PLANNER WAGNER stated annexation maps for the property between Highland and Edgemere Road for a 200 foot strip south of 30th Street were prepared, as were annexation maps for the area east -of the City on both sides of E. 8th Street or Paradise Valley Road. In the meantime it became apparent that certain objections were raised to the Chula Vista Hill Annexation south of the City in the Sweetwater Valley area. Contacts were made with property owners, who in- dicated official opposition to annexation to Chula Vista and a desire to annex to National City. Mr. Wagner said he con- tacted property owners north of 8th Street east of the City limits and had general agreement toward annexation to National City of _eeetiods of Rogers property and James Property. He contacted Mr. Arnold on the south side and talked to Mr. Fritz but has not been able to contact Mr. Wellington as yet. This was discussed with Mr. Bird and it was felt that it would be wise to get complete agreement or at least a majority agreement of the property owners in both areas prior to submission of the official maps to the Boundary Commission rather than have the matter run by default. The Chula Vista Hill Annexation has been abandoned by Chula Vista and an entire new approach is being prepared. COUNCILMAN HECK said that, due to the ex- pedience of the Berner Hills application to San Diego he thought the Council of National City should attempt to see what could be done immediately about bringing in that annexa- tion because the sewer connections were run up to that area for the handling of their sewage and the plans for the exten- sion of loth Street would handle the flow of traffic from that particular area. COUNCILWOMAN HOLLINGSWORTH said she thought the Council should take into consideration that Mr. Arnold has :bought the Berner estate and is preparing a subdivision, The Water Company will not give Mr. Arnold any water. It would not do any good to ask him, or force him to come into National City if he is not going to be able to get water, the property would just lie idle. Mrs. Hollingsworth stated if anyone 7-10-56 13 wants to annex to National City she will, as a Council member, be glad to cons er it, but she is not going to go out and force anyone to come into the city because she feels that, as soon as the city has all the services to offer and an attrac- tive tax rate, they will be glad to annex to National City. Mrs. Hollingsworth suggested that the Mayor and City Manager consult with the Water Company and Mr. Arnold, and see if there is any solution to the problem. MAYOR HODJE asked the City Manager to make the appointment. CITY PLANNER WAGNER presented some sketches relative to the extension of loth Street. COUNCILMAN FESSMAN suggested that the City Manager be authorized to get some sort of a projector so that, when there are maps to be shown, the entire Council, as well as the pub- lic, can see them. CITY PLANNER WAGNER stated Mr. Fessman has requested that he read the Planning Commission's recommendation which is: "The Commission viewed a detailed engineering study by the Engineering Department showing an 80 foot right of way easterly from Harbison Avenue to a connection with Paradise Valley Road. It was moved by Morgan, seconded by James, and unanimously carried the Commission recommend to the City Council they approve this as a tentative route, subject to the City Engineer's approval for the purpose of indicating to the City of San Diego our major street extension through this area". Mr. Wagner said;3t could bc, as Mr. Lill pointed out, more clearly identified as"Tenth Street Extension'. Moved by Fessman, seconded by Hart, that the recommendation, as just stated by Mr. Wagner, be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY PLANNER WAGNER stated the Commission also viewed the Fourth Street extension, which is shown on the County's master plan. "It was moved by Morgan, seconded by James, and unanimously carried that the Commission recommend the Fourth Street extension be approved as indicated on the Master plan for connection with Paradise Valley Road through the southerly portion of Lots 13 and 14 of Pritchard's Paradise Villa Addition". Moved by Hart, seconded by Fessman, that the recommendation of the Planning Commission be sustained. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays:. None. REPORT FROM THE PLANNING CO MISSION was read stating that the Commission discussed the vacancy on the Commission, and re- spectfully requests the Councilis indulgence for two more weeks and will endeavor to have a recommendation at that time. ANNUAL REPORT OF THE PLANNING COi,u::,ISSIOiN was presented. Moved by Fessman, s econded by Hart, that the report be accepted. Carried, all the Council present voting aye. CITY CLERK ALSTON stated the Council received an invitation from the National City -Chula Vista Board of Realtors to attend a luncheon meeting which will be held on July 2Lth at the Chula Vista Womens Club at 12:00 noon. Moved by Hart, seconded by Hollingsworth, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:22 P.M. i ATT CITY C ERK MAYOR, CITY OF NAT I ONAL TY CALIF., 7-10-56