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HomeMy WebLinkAbout1962 01-23 CC MIN229 National City, California, January 23, 1962 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m. o'clock. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster., Gautereaux, Hergert, Kerr, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Mr. Alsdorf. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of January 16, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. 0060 was read, accepting Covenants Running with Land from the following: RODIN S. HORROW; SUPPLY ENTERPRISES, INC.; and ATOMIC INVESTkEFTS, INC. Moved by Morgan, seconded by Reid, the Reso- lution be adopted. Carried by unanimous vote. RESOLUTION NO. 8061 was read, "RESOLUTION DECLARING WITHDRAWAL OF CER- TAIN PORTION OF LOWER SWEETWATER LOCAL FIRE DISTRICT", (Atomic Invest- ment Company Annexation). Moved by Alien, seconded by Reid, the Reso- lution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. RESOLUTION NO. 8062 was read, "RESOLUTION DECLARING WITHDRAWAL OF CER TAIN PORTION OF LOWER SWEETWATER LOCAL FIRE DISTRICT", (Sweetwater' Annexation Unit No. 4). Moved by Reid, seconded by Morgan, the Reso- lution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hart. Nays: Hollingsworth. ORDINANCE NO. 1023, "AN ORDINANCE AMENDING ORDINANCE NO. 916 REGARDING LONGEVITY PAY FOR NATIONAL CITY Ep.PLOYEES", was presented for the sec- ond and final reading, and read in full. Moved by Hollingsworth, sec- onded by Reid,. the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. ATTORNEY CURRAN stated with reference to the protest which he filed for and on behalf of the City Council to the granting of the applica- tion of Helen M. Lucki for a license on the premises at 2830 National Avenue, he has been advised by the Department of Alcoholic Beverage - Control no further action in the matter is necessary for the reason the application has been withdrawn. ATTORNEY CURRAN stated in regard to the protest against the issuance of an beer license to Samuel Z. Greenberg for the premises at 1646 National Avenue, that matter has been given File No. 36291 and the City Attorney has received a notification a hearing will be heard 1/23/62 230 both on the petition for the application and the protests against the issuance of the license on March 5, 1962, at 1:00 p.m. in the El Toyon Park Community Building. ATTORNEY CURRAN stated there was a matter which came before the Council at a previous meeting regarding regulations requiring policemen for every 100 persons who might be attending a public exhibit of same kind, and believed Councilman Allen would like to clear up the records in this regard. COUNCILMAN ALLEN stated he was under the impression that was a State law; however, in checking various Statutes he found it was a requirement of a County ordinance, and it has since been changed to where there are not any requirements to that effect anywhere in exis- tence. If the City wishes to do anything about it we will have to adopt an ordinance to make it mandatory to have at least one private patrolman for a certain number of people who gather in one place. VICE MAYOR HOLLINGSWORTH stated Police Chief Cagle is getting several ordi- nances from other cities in order to present an amendment to our ordi- nance, and suggested we wait until we hear further from Chief Cagle. COUNCILMAN ALLEN stated it is his understanding the City of San Diego also requires one Fire Marshal be in attendance for each group of so many hundred persons in one building. ATTORNEY CURRAN reported the Attorney for California Water & Telephone Company has contacted him with reference to the relocation of that company's facilities on 8th Street between Plaza Blvd. and Sanitarium Avenue. It appears there are facilities owned by the company which. are existing in the street and will have to be moved in order to go forward with the improvement of the street. The suggestion was made National City might be willing to do as had been done before in these matters, enter into a contract with the company whereby one half of the estimated cost would be advanced by the City without prejudicing the rights of either the Company or the City depending a determination of where the legal obligation lies as to who pays for the cost of relocation. The City Attorney did advise the Attorney for California Water & Telephone Company he would not be able to make such a recom- mendation to the City Council for this job for the reason we had pre- vailed in the one case which came to trial before Superior Court Judge Dean Sherry and although the Company had taken an appeal from that decision which is now, pending, it appeared there was not sufficient reason to justify the making of any recommendation with reference to paying any money at all in order to secure the removal of these fac- ilities. Attorney Curran stated he thought it was a matter of policy the Council should determine at this time, Moved by Morgan, seconded by Reid, we approve the recommendation of the City Attorney and not pay any of the money to the Water Company on the 8th Street job, and 1/23/62 231 the City Attorney be directed to notify the California ater & Tele- phone Company of such action, get a court order or anything he sees r7It to get this job going. Carried by unanimous vote. COUNCILMAN ALLEN asked the City Attorney the address in Los Angeles a! -.ere the hearing will be heard in regard to the Tavern Owners Associ- a*ion's appeal. ATTORNEY CURRAN stated he did not have it with hip. COUNCILMAN ALLEN stated regarding a resolution to withdraw from the Lower Sweetwater Local Fire District, Ramm's Subdivision. Annexation vas not included from San Diego and asked if it was necessary to have a resolution to withdraw from San Diego City. ATTORNEY CURRAN stated that was correct. HOWARD M. GOSSER, 681 +'I' Street, Chula Vista, was present and asked the Council give him back his license for dancing at the Palladium Ballroom for Friday and Saturday nights. Mr. Gosser stated a petition was presented at the hearing against him which did not pertain to danc- ing, but signed by people who were against a liquor license at that establishment. Mr, Gosser said he did not have a liquor license and he has not applied for one, and has no intentions of applying for a liquor license. Mr. Gosser said he would like to have his license back and if the Council would wish to set another hearing against the lic- ense he would like it to be Publicized so they public could attend if they so desired. REV. FLOYD E. PITTMAN, 1305 Harbison Avenue, was present, on behalf of the National City Ministerial Assn., and stated he thought it was ridiculous for this request to continue to come before the City Council; nothing has been changed by his request for a license, and asked the Council to deny the request; it is the Opera- tion, not the man, he is opposed to. MR. GOSSER stated he would like to have ballroom dancing on the weekends with named bands playing and no one under 21 years of age allowed; proper police protection would be provided to Prevent anyone from bringing liquor on the premises, Mr. Gosser asked the Council to give it their serious consideration. ATTORNEY CURRAN stated he found a reference in his file which gives the information previously requested regarding the argument on the appeal which has been filed by the San Diego Tavern and Restaurant Association against the decision of the Alcoholic Beverage Control Board which did deny the application of Harold F. Dodds and did sus- tain the protest of the City of National City. The oral argument on the appeal will be Thursday, January 25th at 2:00 p,m. in the Appeals Board Hearing Room, 1525 S. Broadway, Los Angeles. VICE MAYOR HOLLINGSIORTH stated she was reading in the newspaper about Civil Defense and water supplies and the article stated that for two weeks or even a longer period of time, exposed water would be 1/23/62 232 contaminated and well water would be the only safe thing. Mrs. Hol- lingsworth said she would like the Council members to consider asking the City Manager to examine the possibility of proceeding the digging of a well in El Toyon Park and Las Palmas Park. COUNCILMAN ALLEN said he agreed with Vice Mayor Hollingsworth, it is something that should be considered. Mr. Allen said any water that is covered, any water which might be under the shed of the filter plant would not become contami- nated, neither would water already in the pipes, water in hot water heater or automobile radiator be contaminated. The water we -would have at the present time would be inadequate to hold us for a longer period than two weeks. VICE MAYOR HOLLINGSWORTH stated the reason she wanted to bring it up for the City Manager to consider was in case the well would not be forthcoming, if there are not other sources for water, then the City consider the possibility of condemning the Water Company well in El Toyon Park. The water Company itself has said many times the water does not necessarily stay in National City, it is co -mingled with Colorado River water. The City is obligated to provide safe water for its citizens. MAYOR HART stated the Junior Chamber of Commerce requested him to make a proclamation and presented copies for publication in the Independent and National City Star -News. COUNCILMAN REID stated he would like City Manager Bird to compliment the City employees who did such a good job when called out because of the rain; it was a job well done. COUNCILMAN ALIEN stated he would concur with Mr. Reid in having the head of the departments given a list of names of those who handled the job. CITY CLERK ALSTON reported the following bids were received yesterday for Paving Portions of "U" Avenue and First Street: V. R. DENNIS CON- STRUCTION COMPANY, $5,120.70; R. E. HAZARD CONTRACTING COMPANY, $3,97150; DALEY CORP., $4,732.00; GRIFFITH COMPANY, $4,225.00. COUNCILMAN ALLEN introduced Melville Tayor, Vice President of the Security Title Insurance Company. REPORT FROM CITY ENGINEER POSTER was read, recommending the contract for Paving Portions of "U" Avenue and First Street be awarded to R. E. Hazard Contracting Company, as low bidder. CITY MANAGER BIRD recom- mended concurrence of the report of the City Engineer, and the City Attorney be authorized to prepare the necessary resolution of award to R. E. Hazard Contracting Company in the amount of $3,971.50. Approved by unanimous vote. CITY MANAGER BIRD stated our representatives on the Special Harbor Committee; Alfred Fessman and James Rusk, made an oral report to him, 1/23/62 233 the final report will be made in writing and forthcoming to the City Council. However, they made a request the Council consider authoriz- ing the City Attorney to supply legal advice to the two official rep- resentatives of the City of National City Harbor Committee. The rea- son for the request is based primarily on the need of legal guidance. Their suggestion is the City make available the City Attorney's advice. The same request is going to the Cities of Chula Vista, Imperial Beach, San Diego, Coronado and the County of San Diego. The City Attorneys of the entities mentioned will get together to review existing laws whereby a Joint Powers Agreement can be forthcoming wherein they can unify our demands and projections on Port of San Diego, South Bay. Moved by Allen, seconded by Reid, the recommendation of the Committee appointed by the Mayor to investigate the Harbor development, for the services of the City Attorney be approved. Carried by unanimous vote. MINUTES OF SPECIAL MEETING OF PARK AND RECREATION ADVISORY BOARD held on January 18th, was presented. It was the recommendation of the Board the new City Hall be located on land other than on City park property. A detailed discussion was held relative to the costs of various items regarding the park five-year development plan. A list of the tenta- tive costs were set forth in the report, CITY MANAGER BIRD recommended the minutes of tie special meeting of the Park and Recreation Advisory Board be referred to the Budget Committee charged with making the bud- get of the next fiscal period. Approved by unanimous vote. COUNCIL- lAN ALLEN asked if this was the report which stated they wished to retain nine members on the Board. MAYOR HART stated one member has resigned and he will Probably make an appointment at the next meeting. CITY MANAGER BIRD stated the report Councilman Alien referred to is the minutes of the meeting of January 4th. CITY MANAGER BIRD presented a contract from the San Diego Gas & Elec- tric Company for gas service for the El Toyon Community Building, and recommended it be filed. Approved by unanimous mate. CITY MANAGER BIRD presented a communication from Anchorage, Alaska, in the form of a questionnaire and proposes to correct the telephone com- pany's seven digit dialing. The communication was ordered filed by unanimous vote. COMMUNICATION FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALI- FORNIA was read, regarding Resolution 6046 of the Board of Directors, expressing its opposition to such a Multipurpose District Act as was proposed by Assembly Bill 2728 in the 1961 Session of the Legislature. On February 1 and 2, 1962, the League of California Cities will hold a Special Conference on Metropolitan Issues in Sacramento, at which the subject will be considered. It is hoped National City may desire to 1/23/62 234 express its opposition to this proposal at the League Conference. VICE MAYOR HOLLINGSWORTH requested of the City Manager arguments against this be given for her disposal before she goes to Sacramento. The com- munication was referred to Vice Mayor Hollingsworth. CITY MANAGER BIRD stated we had an application from Walter F. Hodge for an oversized driveway on 21st Street, and the matter was referred to the City Manager and City Engineer. The request is for overwidth driveways, one 64 feet in width and the other 56 feet in width; the property is located on the South side of 21st Street, lying between Newell and Grove Streets. A building permit was issued for a 16 unit apartment house. Under the ordinance it is permissible for front yard parking. At the time a request was made for a waiver of sidewalks and curbs, the request for waiver, supplemented by a petition for a 1911 Act, the waiver was denied by the City Council. We now have a situa- tion which has been created; the curb and sidewalk will be put in; therefore, to get the required narking spaces which the Planning Com- mission insisted upon, and which the Ordinance calls for, Mr. Bird said he had no other alternative than to recommend for the Council's approval of the application. The Council, as the policy body, should consider taking action reviewing and investigating the ordinance with the cooperation of the Planning Commission with the view in mind of correcting such situations before they come before you. Moved by Morgan, seconded by Allen, the recommendation of the City Manager be approved relative to the application and also a study of the ordinance be made, as recommended. Carried by unanimous vote. NOTICE FROM DISTRICT COURT of meeting of creditors was read. Notice is given on November 28, 1961, John R. Hellen, Trustee of the estate of the bankrupt, made his report. The hearing will be held February 1, 1962, at 11:00 a.m. in the U. S. Court House, 325 W. ''F" Street, San Diego. CITY MANAGER BIRD recommended the notice be referred to the City Attorney and the City Clerk to take whatever action they deem necessary. Approved by unanimous vote. REPORT FROM THE FINANCE COMMITTEE was read, stating a general discus- sion was held as to naming the new building to be placed on the bond issue, and it was recommended it be called "City Hall". Moved by Hollingsworth, seconded by Reid, the recommendation of the Finance Committee be approved. Carried, by the following vote to -wit: Ayes: Hollingsworth, Reid, Hart. Nays: Alien, Morgan. REPORT FROM THE FINANCE COMMITTEE recommended the City Attorney or Mr. Hamilton be informed no real estate purchase will be involved in the bond issue pertaining to the City Hall. Moved by Alien, seconded by Morgan, the recommendation of the Finance Committee be approved. Carried by unanimous vote. 1/23/62 235 REPORT FROM THE FINANCE COMMITTEE recommended the firm of Thompson, Waters & Moss be employed as special bond counsel on terms and condi- tions as set forth in letter of January 11, 1962. Moved by Allen, sec- onded by Reid, the recommendation of the Finance Committee be approved. Carried by unanimous vote. COUNCILMAN ALLEN excused. COMMUNICATION FROM PUBLIC UTILITIES COMMISSION stating they have received from the San Diego and Arizona Eastern Railway Company a not- ice of intention to abandon the 377 foot team track serving the stock corral at National City, effective February 10, 1962. If the City desires to make any representation or protest with respect to the pro- posal, an early reply is requested. COUNCILMAN ALLEN present. Moved by Hollingsworth, seconded by Reid, the communication from the Public Utilities Commission be filed. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: None. Councilman Alien abstained from voting. COPY OF COMMUNICATION FROM NATIONAL CITY CHAMBER OF COMMERCE ADDRESSED TO DeGRAFF AUSTIN, CHAIRMAN, BOARD OF SUPERVISORS, was read, commending the Board of Supervisors for the way the sanitary fill at the duck pond site on National Avenue in National City is being handled. The com- munication was ordered filed by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present, and stated he is very happy with the condi- tion of the "dump“. CITY MANAGER BIRD reported he is in receipt of a mutual fire assistant pact from the U. S. Government Security Office, Eleventh Naval District; also a similar agreement from the City of Imperial Beach. We do not have a mutual aid fire pact with the U. S. Naval Station, nor do we have one with the neighboring City of Imperial Beach. CITY MANAGER BIRD recommended both of the proposed mutual aid fire fighting assis- tant agreements be referred to the City Attorney for a report to the City Council. Approved by unanimous vote. CITY CLERK ALSTON stated there will be no Council meeting next week, as it is the fifth Tuesday of the month. CITY ENGINEER FOSTER stated relative to the culvert on "D" Avenue, adjacent to the area north of the football field at Sweetwater High School, we have entered into an agreement with the School District whereby if we put in the culvert they would pay for half of the cost; and requested the City Clerk be authorized to advertise for bids as soon as possible. The estimated cost of the culvert is $6,400.00 and the school will pay up to $3,200.00. Moved by Morgan, seconded by 1/23/62 236 Reid, the City Clerk be authorized to advertise for bids for the drainage south of 27th and "D" Avenue, and the City to pay for only half of the cost, upon the recommendation of the City Engineer, Carried by unanimous vote. CITY ENGINEER FOSTER made a► report on the course he attended at Port Hueneme relating to Building Analysis for Fallout Protection. REPORT FROM THE PLNNNING COMMISSION was read, regarding Application for Zone Change No. C-5, Initiated by property owners relative to property located between/and 14th Streets, east of Palm Avenue to the proposed location of the Inland Freeway. Petitioners are requesting a C-2 Limited Commercial Zone. Planning Commission Resolution No. 33 (N.S.) was unanimously passed recommending the rezoning be made, Moved by Allen, seconded by Morgan, the recommendation of the Planning Com- mission be approved, and hearing set for February 13, 1962. Carried by unanimous vote. CITY CLERK ALSTON requested she be excused in order to attend the First Aid Class. Mayor Hart granted the request. CITY PLANNER STOCKMAN stated at the meeting of the Planning Commission January 22nd, Mr. L. R. Robinson was present. In 1949 or 1950 he pur- chased a piece of property known at 1504 E. 8th Street. At that time it was his belief he had purchased a 90 foot frontage upon 8th Street; however, it was established through records of the City a foi''r'owner had dedicated to the City the westerly 30 feet, which would be the east half of "k" Avenue. Since the Bank of America held the Trust Deed on the property and had not signed its consent, it was then the pleasure of the Bank to foreclose and at that time they could have taken back the entire parcel of land and would take back the east half of "►+" Avenue and the north half of 9th Street which they had also dedicated. In checking the 1951 minutes of the City Council and the Planning Com- mission it was learned at no time did the Planning Commission recom- mend the street be closed. They urged the street be opened and every effort be made "i" Avenue be opened from 4th Street to 16th Street. However, a compromise was worked out between the Council and the prop- erty owner whereby the east half of "M" Avenue was closed and the prop- erty owner was given back the 30 feet. Mr. Robinson is now interested in building apartments on the property, but is desirous of building on the entire 90 feet, while Ordinance 962 requires where a half of street is dedicated the adjoining property owner must observe the additional setback in addition to the required exterior side yard setback; which would cut him down to a 60 foot piece of land. The question which went before the Planning Commission was relative to this setback. The Commission recommended every effort be made to open "M" Avenue between 1/23/62 237 4th and'16th Street and anything that is in our hands now be retained for the opening. MELVILLE H. TAYLOR, of Security Title Insurance Company, was present and stated the information which their records showed regarding Mr. Robinson's property; that the land was vacated and the deed executed by the City, and was dated March 3, 1953, and had no reservations therein. MAYOR HART stated he understood Mr. Robinson was going to appeal the decision of the Planning Commission. CITY MANAGER BIRD asked the City Planner if Mr. Robinson filed an application with the Planning Commission for a setback variance, or did he request an opinion of the Commission in this matter. CITY PLAN- NER STOCKMAN stated he requested an opinion of the Planning Commission; no variance has been filed. CITY ATTORNEY CURRAN stated he is at a loss to understand if there is anything before the Council or could be before the Council at this time. There has to be certain procedures taken to make application for a variance and simply because opinions are expressed at a Planning Commission meeting does not mean the next day people can come in and suggest to the Council the opinion be over- ruled. There is nothing before the Council, and cannot be until such time the Ordinance is followed. CITY PLANNER STOCKMAN stated Mr. Robinson is of the opinion it is not necessary for him to file for a zone variance, and it was his request some type of ruling come from the Council as to the former action taken by the City Council as to whether the land was deeded back to him free in title and he has a right to use it. Moved by Alien, seconded by Hart, it be referred to the City Attorney for completion and a report of his findings. L. R. ROBINSON, 6020 Division Street, San Diego, was present, and stated he is the owner of the property in question, and stated if the City closed the street and deeded him the Property he can see no reason why he needs to make an application for a tone variance where the property is properly zoned for what he wishes to build. Carried by unanimous vote. CITY PLANNER STOCKMAN reported she received two petitions signed by property owners requesting annexation to the City of National City and recommended they be accepted and referred to the Planning Commission for processing and a report. Moved by Morgan, seconded by Allen, the petitions be referred to the Planning Commission. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. RESOLUTION NO. 8063 was read, accepting the bid of R, E. Hazard Con- tracting Company in the amount of $3,971.50 for the paving of portions of "U" Avenue and First Street, and the Mayor is authorized to execute the contract for said paving. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 1/23/62 238 VICE MAYOR HOLLINGSWORTH questioned Mr. Robinson further in regard to his property. MR. ROBINSON stated the facts as he knew them as to just what actually transpired. Also it is his contention somebody owes him for the property or he owns the property. Moved by Morgan, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:21 p.m. ATTEST: rya MAYOR C OF NATIONAL CITY, CALIFORNIA CITY CLERK (ft:14M 7.4 1/23/62