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HomeMy WebLinkAbout1956 07-24 CC MIN21 National City, California, July 24, 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, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Hol- gate, Wagner, Gautereaux, Lill. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Donald E. Fullerton. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of July 17, 1956 be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6691 was read, providing that for the time being only the portion of Eighth Street adjoining Paradise Valley Sanitarium and Hospital property and easterly of the existing culvert need be improved as provided by Resolution No. 6647, provided however, that if and when the drainage problem on Eighth Street westerly of the existing culvert is resolved, the original conditions of said Resolution No. 6647 shall be in effect, and curbs and sidewalks be installed; Eighth Street be improved to the center line. Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hart, Heck, Hodge. Nays: None. Absent: Hollingsworth. COUNCILWOMAN HOLLINGSWORTH present. RESOLUTION NO. 6692 was read, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIG:TION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" (Hoover Avenue)". Moved by Heck, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6693 was read, "RESOLUTION DETERMINING INITIAL VIEW OF LEGISLATIVE BODY THAT THE PROVISIONS OF DIVISION 4 OF THE STREETS AND HIGHWAYS CODE :DILL NOT BE VIOLATED (HOOVER AVENUE)". Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried,; all the Council present voting aye. RESOLUTION NO. 6694 was LEGISLATIVE BODY UNDER " LIMITATION AND MAJORITY Moved by Heck, seconded be adopted. Carried, al read, "FiRELIMINJ RY DETERMIN.'.TION OF SPECIAL 1ASSESSMENT INVESTIGATION, PROTEST ;ACT OF 1931" (I AVENUE)". by Hollingsworth, that the Resolution 1 the Council present voting aye. RESOLUTION NO. 6695 was read, "RESOLUTION DETERMINING INITIAL VIEW OF LEGISLATIVE BODY THAT THE PROVISIONS OF DIVISION 4 OF THE STREETS AND HI3HWi,YS CODE :PILL NOT 3E VIOLATED (I AVENUE)". Moved by Hollingsworth, seconded by Fessman, that the Resolu- tion be adopted. Carried, all the Council present voting aye. MAYOR HODGE stated that the National City Girls Club made Fiesta ties for the Police Department and three members of the Club presented the ties to Officers of the Department. THE MATTER OF THE "A" AVENUE 1911 ACT PETITION was presented at this time. COMNUNICATI3N FROM ELVA M. SANASA was read stating they are in favor of the improvement as proposed and 7-24-56 22 wish to have their signatures added to the petition. CITY MANAGER BBIRD stated he interviewed Mrs. Jason in this regard and she is not opposed to public improvement but, because of reasons known only to her, she does not feel that she is in favor of the improvement at this time. Mr. Bird stated he also discussed this with two other property owners and they are in favor of the improvement and feel there is a sufficiency of a petition at the present time before the Council and there is a letter supplementing that petition. Mr. Bird said he was going to request until August 7th in this regard as he feels reasonably sure that the party who was spoken of as a new owner will express their desires to have the improvement made. Moved by Hollingsworth, seconded by Hart, that the City Manager's request to continue the report on A Avenue, to August 7th be approved. Carried, all the Council present voting aye. WalypINEY eNfrom thedLibrarin yato Navalto ainstaility llationsfor trans - of childrn and stated there is no question but that, in the event the City entered into some arrangement for transportation of children, the City would be liable on public liability princi- ples for any accident which might occur and any damage which might be suffered by any children. CITY MJ-011GER BIRD stated he inquired into the curriculum of the Library and this has been the custom for some time. It is part of the Library activity; however, this is the first time a trip has been granted as a reward for the completion of certain studies. He has requested the Library to see whether or not the school buses could be made available at that date and, if so, at what price, and to make a report back to his office at which time he will compare it with prices of the transportation company and make a report to the Council. CITY MLN;ZER BIRD reported on the petition for the paving of two-inch A.C. on Third Street from "J" Avenue to Laurel. RE- PORT FROM CITY ENGINEER LILL stated there was reportedly a pavement base consisting of four inches of decomposed granite premixed with oil imported and put to grade on the project in 1953 except for a strip of approximately 190 feet in length. No soil tests were taken. It was noted that the proposed im- provement does not conform to present City paving standards; however, it may be that the City has a prior commitment to al- low the improvement as petitioned. The remainder of the curb and gutters should be installed and a portion of the unpre- pared roadway graded and improved. The City has recently ap., proved the purchase of approximately 190 feet of property ad- jacent to this portion of the street, a twenty -foot wide dedi- cation is required from this property. Also existing soft spots and existing pavement should be removed and replaced with the proper material. It is considered that the resulting street will not be equal to other streets now being improved by the City. REPORT FROM Si;N DIEGO TESTINI LABORATORY was read regarding soil tests for Third Street. CITY M.Ni,GER BIRD sta- ted he had done some research regarding this proposal in its origin and found that the proposal came before the City Council and in September, 1953 the then Council accepted the specifica- tions and ordered the project, and a bond was posted and in January, 1954 the Council accepted the project and ordered the payment of the money involved. It is realized that, when this was done, it was in good faith on the part of the City and the part of the property owners and it was in conformity with the then existing ordinance; we recognize further that it is not according to Ordinance No. 904.; however, acting in good faith on part of the City and property owners, Mr. Bird stated he 7-24-56 23 feels that the City should not break faith. COUNCILWOMAN HOLLINGSWORTH stated it is her opinion that the City has a definite obligation to accept thc 1911 Act for this street un- der the terms of an agreement that has existed for several years, and the important thing now for the Council to consider is the addition to that 1911 Act of the City area. COUNCILM1.N FESSMAN suggested that, after the soil test has been made, any portions of it that are found not to be sufficient to jus- tify placing the black top on it without the base underneath, that the City explore the possibility of perhaps putting that in before the black top is laid down at City expense, provid- ing it does not cost too much, to assure thc City that the road will last for ten or fifteen years. COUNCILMAN HECK said he does not feel that, even though there were previous commit- ments, because of the fact that the City did not have adequate paving standards in previous days that we should still permit streets to go in on a temporary nature. MAYOR HODGE stated he feels that you cannot make an ordinance retroactive, and at the time these people put in the foundation for a pavement it was according to ordinance. Moved by Hollingsworth, seconded by Hart, that a 1911 Act for Third Street be ap7roved and re- ferred to the Engineering Department for a feasibility report under the agreement that was given by a previous City Council, and that the Engineer also bring in thc figure for the parti- cipation of National City in the piece of property they re- cently purchased in addition to this, and that any areas in the street requiring additional subgrades be repaired at the expense of the City. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Heck. CITY ATTORNEY CURRAN stated that he made his report to the Finance Committee regarding Scott Terrace. REPORT FROM THE FINANCE COMMITTEE was read stating the Finance Committee re- viewed the proposal of Lester W. Knapp, owner, as submitted and recommended that said proposal be accepted by the City Council with exceptions as follows: Section 5: That the size of the proposed culvert be not designated. Section 6: That the owner, his heirs or assigns will be required to maintain the drainage ditch. ,.nd further that the owner, Lester W. Knapp be authorized to proceed with plans and specifications for submittal for approval of the City Engineer; and also to furnish the necessary performance bonds satisfactory to the City Attorney. CITY MANAGER BIRD stated he would suggest, if the Council is in favor of the recommendation of the Finance Committee, that they accept thc report and authorize Mr. Knapp and his Engineers to go ahead with their proceedings and that thc City Attorney incorporate this into a proper document, setting forth not only the recommendations but also what he proposes to do in a valid contract with the necessary bond as required. Moved by Fessman, seconded by Hart, that the City Manager and City ,.tterney be authorized to prepare a contract with i,r. Knapp embodying the recommendations of the Finance Committee and pursue the matter to completion. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hol- lingsworth, Hodge. Nays: None. CITY J;N..GER 3IRD stated, in regard to the communication re- fcrred to the Park Department and himself from Ernestine .'.dams, he answered Miss Adamst letter acid advised her that, if she wishes to utilize the property as she suggested, she carry in- surance to protect herself, and if there is further doubt in her mind that she place the problem before her own attorney. CIT{ M1:-.NAGER BIRD stated the letter which Miss :.dams sent to the City .Attorney was asking for a legal opinion. The letter 7-24-56 from ,:hiss Adams stated that she si ggested to her sister that they allow children in the neighborhood to use a vacant lot of theirs to play on and her sister refused because they would be liable for damages, should the childrer, hurt themselves on their property. Moved b/ Hollingsworth, seconded by Hart, that the City Manager's report be accepted: Carried, all the Council present voting ayc. COUNICATION FROM J„r•ES E. CHENEWETH was read relative to an existing situation on "V" Avenue between 8th and 5th Street. CITY MANAGER BIRD stated the east one-half of "V" Avenue from 5th south to 8th Street is owned and dedicated to the City of National City; the west portion has not been deeded. It was suggested this be referred to hirr for a report. Moved by Hollingsworth, seconded by Fessman, this be referred to the City Manager for a report. Carried, all the Council present voting aye. REPORT OF CITY TREiSURER for June, l'56, wr.s presented. Moved by Hollingsworth, seconded b/ Hart, that tie report be accep- ted. Carried, all the Council present voting eye, CITY CLERK ALSTON stated at the last meeting the Council authorized the expenditure of $1,600,00 for an option on pro- perty the City wished to purchase from Mr. Lowell; also, we have a statc.,lent from Al Riley in the amount of $4.,814.64., which is for a progress payment on the contract for the slab in Kimball Park. It is imperative that these bills be paid im- mediately. Moved by Hoilingsworth, seconded by Fessman, that the bills be approved for payment and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 6696 was read authorizing the expenditure from the Capital Outlay Fund of .;4.,814.,64. to Al E. Riley for 90% of contract for r.ulz_-Purpose Slab in Kimr_ll Park. Moved by Hollingsworth, seconded by ,cart, that the Resolution be adop- ted. Carried, all the Council present voting nyc. CITY CLERK .1.STON stated we have a copy of the feasibility survey of Sar Diego Port Project No. 79; which will be on file in her lffico. CITY 7NC-INDEF. LILL reported that he received a communication from R.L. Hazard Contracting C�gqiineny regarding 16th Street, and the utility installationsw/ltcL completed shortly and they in- tand to start work on August 6th. In regard to the 1911 Act Improvement on Fifth Street, a communication was received from the California Wat.r and Telephone Company stating there is no conflict on their installations for the proposed improvement. We have a 1911 ,tct pr ; ject on "I" Avenue and a letter from the California Water and Telephone Company lists the amount of conflict between their installations and the proposed improve- ment, and with permission of the Council, the letter will be referred to the City :.ttorney. REPORT FROM CITY iNA3ER BIRD regarding two-hour parking be- tween 8th and 9th Streets on "B" Avenue, was read stating that the recommendation of the Traffic Safety Committee be con- curred with and that a resolution be prepared creating the two-hour parking as requested. Moved by Fessman, seconded by Hart, that the City Manager's recommendation be allowed and a resolution prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. 7-24-56 25 NOTICE quarterly meeting of the Irrigation Districts Offi- cers Association of San Diego County, originally scheduled for July 26, 1956, has been postponed until !august 16, 1956, was read dnd ordered filed._ ' REPORT FROM CITY M."N:-:aER ';ihi was read regarding signals at 4th and Highland, 10th and Highland, 24th and Highland, to change signals to blinker operation between hours of 10:00 P.M. and 6:00 A.M. Upon investigati)n, we find same not prac- tical because of reasons of mechanical synchronization. The only method of accomplishina d,:sired requsst would be installa- tion of inter -connecting lines, working all signals off of one timer. This matter should be placed on the agcnc,a to be taken care of, if and when Highland “venue is widened. CITY M,,Nii)ER ,31,:D reported t::a, two bids were rcceivcd for plant mixr as follows: R.E. 11,-.2.RD CONTRACTIN3 CO., $5.52 per ton; DiLEY CORPOR1.TION 1,5 ,49 per ton - It is tea L i ty Manager -Ts recommendation that thc Mayer b.: cautior ' z.;•I t.o ^:."o't the bid of the Daley Corp. Moved by Hart, socoa6c: ?y Fessman, that the City Managers recommendation be app.Deed, :tarried, by the following vote to -wit: Ayes: Fcssma-.1. Hark:,Heck, Hollingsworth, Hodge. rays. None. CITY ;. .N 3FP 1 IRS reportc i t.hat the h:.ariao on the 1911 Act proceedings on Cicveiara ':Ji 11 be held on 3iy 30th at 7:30 P.M. REPORT FROM ME 'L.',N3 COk,ad$Si0N was rend recommending ac- ceptance of tine rr'l•>>sal and agr cment for an integrated mas- ter plan of the City tidelands and Santa Fe property as sub- mitted by Mohr, :•.dams, and Plourde Company. !Moved by Hollings- worth, seconded by Hock, that the; recommendations of the Plan- ning Commission _,e ru:tcrrad to the Harbor Committee. Carried, ail the CoLrcil i'res..:'t vo'-.ing awe. ;moved by Fessman, seconded by Hart, that 1t Le refer:'ud to f.hc City ,attorney for an opinion on the icgali+y ,f the expenditure of funds. Carried, all the Council present voting aye. REPORT FROM THE PL,.NNIN3 COOMISSION was r ead recommending the following names be submitted for filling the existing vacancy on thr. Planning Commission: Dale Faris, 1344 "L" Avenue; Pet :,.r>,...ld, !r. 1921 E. 12th St. clot; i`orman Stowe, 707 E. 7th *.i a _. ,/.,YCR HODGE stated that, a000rding to our ordi,- nan•;c th;: appointment is made by the Mayor with consent of the Council, and asked if he had the consent of this Council to appoint one of these three, The Council had no objections; how::ver, Cotncilwom n Hollingsworth st^ted she would like to suggest Wayne Smith as a potential mcm_'er of the Commission. RS O?.T FROK 1.1E PL.,:-Na COMMISSION regarding intersection alijnmcnt at Division Street and Euclid .avenue, as prepared by the City Engin cring Dcpart.ment, their drawing No. 179-B and 199-P, Mr. Gilbert Fritz, owner of thc, p operty involved, was present protesting this action, as it t::uld be an extreme loss to him. He is willing to dedicate an additional 10 feet but feels that at no time would he consent to the full dedication as shown on the drawings. The Plannirij C-:;:ariss:on recommends this treatment if it is possible to he dev;;lop.d. Moved by Hart, seconccd by Hollingsworth, that this be held over until the next meeting, and the City Manager obtain as much informa- tion as possible regarding this matter. Carried, all the Council present voting aye. 7-24-56 26 REPORT FRO T THE PLANNING COMMISSION was read with reference to policy regarding future proper treatment of installation of improvements of major streets. The Planning Commission recom- mended that, where any subdivision goes in or across any of our major street plan, there be a 64 foot travelway accepted with 40 feet improvement, 20 feet on each side, leaving the center isle as an island or be made put to grade, but left unimproved. This policy is to be instigated for relief on major streets over and above an average street. COUNCILWOMAN HOLLINGSWORTH stated this is the policy we are going to be confronted with in regard to the extension of loth or 12th Street, whichever , it will be by the time it is extended across McCormack's Sub- division, and a piece of property of Mr. Fritz's, and possibly Mr. Arnold's property and other pieces too that may be in- volved. It is felt that it is unfair to ask a subdivider, when he is dedicating that much of his property for a major street, to improve the whole street. Moved by Hart, seconded by Heck, that the Planning Commission's recommendation to adopt this policy be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. Moved by Hart, seconded by Hollingsworth, that the meeting be adjourned until 7:30 P.M., July 31, 1956. Carried, all the Council present voting arc. Meeting a c: iourned at 3:25 P.M. r%, ,YOR , CITY OF N..T I ON. ,L CITY, Ci 1 I F . ATTEST: : i CITY CLERK 7-24-56