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HomeMy WebLinkAbout1960 09-20 CC MIN94 National City, California, September 20, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Hart, Morgan, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Clark of the First Baptist Church. Moved by Morgan, seconded by Reid, the minutes of the regular meeting of September 13, 1960, be approved. Carried, all the Council present voting aye. COMMUNICATION FROM KENNETH L. BLANCHARD POST 255 0B' AMERICAN LEGION, addressed to Councilman Allen, was read, inviting the Council members to attend the documented film "operation Oblivion", depicting the communist led riots at the recent meeting of the House Un-American Activities Committee in San Francisco. Film will be shown Thursday, September 22nd at 7:30 p.m. COMMUNICATION FROM SAN DIEGO INDUSTRIAL DEVELOPMENT COUNCIL, addressed to Councilman Allen, was read, announcing a meeting of the Permanent Committee for a unified Port Authority Development for the San Diego Bay area on September 23rd at 7:30 p.m. in Valle's Restaurant. RESOLUTION NO. 7814 was read, accepting a grant deed and easement from David P. and Grace E. Thornburg. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7815 was read, "RESOLUTION DETERMINING THAT A PUBLIC HEARING IS NOT DESIRED," relative to the matter of the proposed loca- tion of State Highway Route 241. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO.,,. _,., "AN ORDINANCE AMENDING ORDINANCE NO. 962 BY ZON- ING CERTAIN REAL PROPERTIES IN NATIONAL CITY," was presented for the first reading, and read in full. ORDINANCE NO., "AN ORDINANCE AMENDING ORDINANCE NO. 962 BY ZON- ING CERTAIN REAL PROPERTY IN NATIONAL CITY," was presented for the first reading, and read in full. ORDINANCE NO., an ordinance giving notice of intention to vacate and close a portion of 19th Street, was presented for the second and final reading. Upon motion of Allen, seconded by Hart, the reading of the Ordinance was waived. The motion was adopted by unanimous vote. 9/20/60 95 ORDINANCE N0. 976, "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 19th STREET BETWEEN HOOVER AND ROOSEVELT AVENUES IN NATIONAL CITY." Moved by Alien, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ORDINANCE NO. , an ordinance approving the annexation of "Hudson Annexation", was presented for the second and final reading. Upon motion of Allen, seconded by Hart, the reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 977, "AN ORDINANCE APPROVING THE ANNEXATION OP CERTAIN UNINHABITED TERRITORY, DESIGNATED "HUDSON ANNEXATION" TO THE CITY OF NATIONAL CITY." Moved by Hart, seconded by Morgan, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan,- Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN reported following last week's Council meeting, he addressed communications to Leeds, Hill & Jewett, Inc. and Stone & Youngberg, regarding the proposed water revenue bond election to be submitted to the voters on November 8, 1960. ATTORNEY CURRAN stated he has received another communication from the League of California Cities giving another draft of the guide pub- lished by the Fair Employment Practices Commission; and he has also been apprized of the fact hearings have been held by that Commission to determine to what extent it will be necessary for the Commission regulation to apply to the selection of police, and particularly with reference to the Police Standards Commission which was recently placed into operation by action of the Legislature. This is a very involved problem; the City Attorney has been invited to prepare a paper for the City Attorneys' Department and give the paper at the coming ses- sion of the League of California Cities to be held in Los Angeles; therefore, there will be further reports on this matter as the situ- ation gets closer to the time when the City will have to take some affirmative action. ATTORNEY CURRAN stated it has been discovered that inadvertently the contract for the architectural services of William Rosser do not pro- perly describe the fire station which the City desires to have erected; therefore, it is his recommendation a new contract be prepared and a resolution be adopted wherein that correction is made and the existing contract be Cancelled and rescinded. Moved by Allen, seconded by Reid; the recommendation of the City Attorney in regard to the contract for the plans for the new fire station be approved. Carried, all the Council present voting aye. 9/20/60 96 ATTORNEY CURRAN stated the shorthand reporter has prepared the trans- cript of the proceedings taken at the hearing on the Olivewood Hous- ing Project; however, there are certain typographical errors which have been discovered, and it is.the City Attorney's recommendation after those errors are corrected, the transcript be given a document number and filed by the City Clerk, and the members of the Council, at such time as they desire, be prepared to make findings and a deter- mination on the basic issue which was the aibjeot of the hearing; that is whether or not, as a result of the evidence submitted at the hear- ing the Council finds the Project is needed for the National Defense Industry. After that determination has been made upon the considera- tion of the Council, the City Attorney further recommends a resolution setting forth the findings and determination of the City Council should be prepared so there will be a formal record in this matter. Moved by Hart, seconded by Morgan, the recommendation of the City Attorney regarding the Housing Project be approved. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. ATTORNEY CURRAN rePorted he has examined the file in regard to the proposed variance. on the application of International Metals, Inc. for operation cf. an automobile wrecking yard, and with reference to clearing up the conditions the record now is sufficient. However, with reference to the legaldescription. to which the variance should apply if the varianceis granted, he would like to call attention to the fact the petition which was filed.referred to the legal descrip- tion which was contained in the zone variance that was granted three years ago. As a result of the extensive hearing which the Planning. Commission held, they determined the area should.be shifted; however, nowhere. did they define the new legal description. It was the recom- mendation of the City attorney the.Planning Commission, with the help, if necessary, of the City Engineer to prepare a legal description which this variance should apply before any resolution is adopted.. Moved by Morgan, seconded by Hart, the recommendation of the City Attorney be approved. VICE.MkYOR:HART asked if this will then be presented next week for a vote.. ATTORNEY CURRAN stated the action can be taken by the Council subje et to the submission of a new legal description which will be included in the resolution. VICE MAYOR HART stated we could take action today, subject to the change. 'ATTORNEY CURRAN stated that -was correct. COUNCILMAN MORGAN, with the approval of VICE MAYOR HART, amended their motion to include that action be' taken, subject to the change. COTfNCILMkN ALLEN asked if there has been. any change in the amountof pa-operty Mr. Street has leased, or 9/20/60 97 is this strictly a change due to the change in direction of the drain- age channel. CITY MANAGER BIRD stated there is a change in this prop- erty in that there was a deed by International Metals, Inc. submitted for Wilson Avenue from 22nd to 24th Street, as recommended by the Planning Commission. There was also a 70 foot channel lying immedi- ately east of the Wilson Avenue dedication, and the recommendation of the Planning Commission was that the occupant of the property were to vacate that property within 90 days after the granting of the variance. There was also the closing of 23rd Street and the closing of Harding Avenue; therefore, it is shifting this property actually 120 feet eastwardly. COUNCILMAN AT.LEN asked if the property that was previ- ously reserved for the drainage channel will not now be needed, the channel will be in a different location. CITY MANAGER BIRD stated it is the intention of the City to vacate the 100 foot easement, but engineering wise and administratively wise he did not wish to have recommended to the Council at this time we vacate that now until the other is put in. ATTORNEY CURRAN stated in view of the report of the City Manager it is his recollection the provision to vacate in 90 days is not included in any records that have been submitted to him; there- fore, he feels this matter should be made specific as to what is and is not to be included in the resolution before there is any authori- zation to prepare one. FESTER STREET, 301 W. 24th Street, was present and stated he is desirous of getting permission to operate the wreck- ing yard by himself, and he would like to buy out his partner; the way it is now it would be illegal for one to operate without the other. Mr. Street said he knows he is to move his fence back 120 feet on the west side. ATTORNEY CURRAN stated he thought we should have something specific and it should come by way of clearance through the Planning Commission, particularly of the basis of Mr. Street's present desires1 which are different than were originally requested, so the Council will have something specific when they act upon this matter. CITY PLANNER STOCKMAN stated the last motion made by the Planning Commis- sion was that the variance be granted with the provision that "said variance shall be valid only so long as the property is being oper- ated by either Mr. Street or Mr. Nenow and if for any reason whatso- ever, both Street and Nenow cease to be personally active in the operation of said premises, this variance shall ipso facto terminate. Said variance is for a period of 3 years with review by the Planning Commission for succeeding years. That it is moved easterly to include the closed Harding Avenue, thus clearing the drainage channel and Wilson Avenue within 90 days of the date of this variance; that there be no burning; that the entire area be enclosed by a solid wall or structure not less than 8 feet in height and that none of the material 9/20/60 98 "within such enclosure be placed so that such material or any portion thereof extrudes therefrom; and -that off street parking be provided inside the enclosure for a minimum of 15 cars." ATTORNEY CURRAN stated with reference to the right of Mr. Street or Mr. Nenow, the record is clear; the question arises regarding the shifting over to Harding and also the 90 days, because when the City Attorney read that he did not read into it the report the City Manager reported was his understanding, those are the points which should be cleared; the legal description, not only as to the property to Which the variance applies but as to what rights, if any, the City has by way of drainage in the area, what is to be required during the 90 day period, and what right, if any, the City has in the event the area is not cleared within this 90 day period. COUNCILMAN MORGAN with the consent of VICE MAYOR ART withdrew their motion. Moved by Morgan, seconded by Hart, we approve the recommendation of the City Attorney. Carried, all the Council present voting aye. ELDER EUAL GARMAN, Pastor Free Will Baptist Church, 1341 E. 17th Street, was present, and read a communication which requested permis- sion to place directional signs at the corner of 18th and Highland; 18th and "N"; and 16th and "N". CITY MANAGER BIRD stated in the past it has been the practice of the church wishing to erect signs to sub- mit the type and size of sign desired, it is also installed by them under the direction of the Sign Department of the Police Department. It was the City Manager's recommendation this be referred to the Plan- ning Commission and Traffic Safety Committee far recommendation to the Council. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved in regard to the church signs. Carried, all the Council present voting aye. CITY MANAGER BIRD suggested Rev. Garman have a drawing made so the Planning Commission would have some- thing to work with, and submit it to the Planning Commission. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and questioned the report of the City Attorney which had reference to the plans for a new fire station. Mrs. Richards said she had not known the City intended to build a fire station. MAYOR HOLLINGSWORTH stated there is to be a fire station built to serve the industrial area. COUNCIL- MAN ALLEN stated this fire station will be built on tidelands property out of tidelands funds. MAYOR HOLLINGSWORTH presented Superintendent of Parks and Recreation Gautereaux with a thirty year service pin. 9/20/60 99 BILLS AUDITED BY THE FINANCE COMMITTEE General Fund $ Traffic .afety Fund Park Fund Retirement Fund Harbor Fund Special Street Fund Drainage Fund Payroll Fund prese4tedt 24,063.81 4,161.60 571.99 4,749.65 185.25 4,361.44 36.00 51,328.53 TOTAL $ 89,458.27 Moved by Hart, seconded by Reid, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth, Nays: None. COMMUNICATION FROM FRED JOHNSON was read, making application for an oversized driveway to provide for off street parking for residents of 710-12-14-16 E. 4th Street. CITY MANAGER BIRD recommended this be referred to the Engineering Dept. and the City Manager's office for a report at the next meeting. Moved by Hart, seconded by Morgan, the City Manager's recommendation be approved. Carried, all the Council present voting aye. PETITION for Improvement of 17th Street from "J" to "L" Avenue, was presented. CITY MANAGER BIRD recommended the petition to the City Engineer for checking and a report. Moved onded by Allen, the recommendation of the City Manager Carried, all the Council present voting aye. CITY MANAGER BIRD requested permission to make a sewer Coolidge Avenue from 24th Street south to 27th Street. be referred by Reid, sec - be approved. extension on Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to the sewer extension in the Bahia Vista be approved. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for period ending August 31, 1960, was pre- sented, and it was the recommendation of the City Manager it be received and documented by the City Clerk. Moved by Hart, seconded by Reid, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM CHARLES C. DAIL, Mayor, City of San Diego, was read, stating Senate Reapportionment (Proposition No. 15) is a seri- ous threat to the orderly development of all of California. A state- ment by Senator Hugo Fisher was attached, and Mayor Dail asked the Council's assistance in presenting Senator Fisher's factual statement to the people of our community. COMMUNICATION FROM CHARLES C. DAtL, Mayor, City of San Diego, was read, relative to Proposition No. 15 on the November 8th ballot. To 9/20/6Q 100 combat this insidious measure uilich is opposed by the League of Cali- fornia Cities, Mayor Dail has called a luncheon meeting of our county leadership for 12:00 noon, Tuesday, September 20, in the Palm Room of the U. S. Grant Hotel. J. F. Sullivan, Jr. of San Francisco, State Chairman of Californians Against Proposition No. 15, and Charles P. Gould, Los Angeles, Southern California's chairman, as well as our own local leadership. It was requested Mayor Dail be advised of the Council's ability to attend this essential meeting and the Council's willingness to help fight for continued representative government in California. MAYOR HiOLLINGSWORTH stated the luncheon was called off because Mr. Sullivan was unable to attend, but thought we should go on record as being opposed to this proposition. Moved by Allen, sec- onded by Reid, a communication be written to all of our legislative representatives informing them of the stand of the Council of National City against Proposition No. 15, the so-called "Bonelli Plan". Car- ried, all the Council present voting aye. Moved by Allen, seconded by Hart, the City Clerk be authorized to answer Mayor Dail's communi- cations, stating we have taken action. Carried, all the Council present voting aye. COMMUNICATION PROM THE SALVATION ARMY addressed to the Police Dept. was read, requesting permission to place Christmas kettles at the following locations: in front of the Post Office; in the Bank of America on 8th Street, and Penney's at the South Bay Plaza. REPORT FROM CHIEF OF POLICE CAGLE was read, recommending permission be granted. Moved by Hart, seconded by Morgan, the recommendation of the Police Chief be approved. Carried, all the Council present vot- ing aye. COMMUNICATION FROM NINTH DISTRICT, INC., California Congress of Par- ents and Teachers, was read, stating they have designated the week of October 3rd through the 8th as the time to conduct its annual mem- bership enrollment campaign, and hope to add emphasis to their cam- paign by having an official proclamation from the Mayor of National City. Moved by Morgan, seconded by Allen, the Mayor be authorized to proclaim the week of October 3rd through 8th, 1960, as Parent- Teacher Membership Week. Carried, all the Council present voting aye. COMMUNICATION FROM GUY C. WILSON, JR., General Manager, South Bay Plaza Shopping Center, was read, stating they wish to cancel their application of July 26th requesting permission to operate a Kiddie Land. Moved by Allen, seconded by Hart, the letter be received and answered. Carried, all the Council present voting aye. COMMUNICATION FROM MRS, DENTON BRYAN was read, requesting the $25.00 which they deposited in lieu of bond for permit for a driveway be 9/20/60 101 refunded as the work has been inspected and approved, REPORT FROM ENGINEERING INSPECTOR GA,STON was read, which stated the driveway been inspected and approved. CITY MANAGER BIRD recommended the proper officials be authorized to draw a warrant in the amount of $25.00 and return the cash deposited, as by ordinance. Moved by Reid, seconded by Morgan, the recommendation of the City Manager be approved, and the money refunded. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM MR. & MRS. ciation to the Council and to their street, "K" Avenue, was COMMUNICATION FROM MR. & MRS. Department was read, thanking vice in putting Palmer Street dirt. CHiRLES B. DICKERHOFF expressing appre- the men who did such a beautiful job on read. HENRY WILSON addressed to the Street them for the prompt and courteous ser- in shape and cleaning up the piles of REPORT OF HARBOR COMMITTEE meeting of September 19th was read, stating a general discussion of the Pepper lease was held, and it was the recommendation of the Committee that in addition to the proposed lease Mr. Pepper shall have the first option to lease this property after 25 years; terms to be negotiated with the City Council at that time. The City Attorney is to be authorized to prepare the legal phraseo- logy as an addition to Paragraph 3 of the lease. Moved by Hart, sec- onded by Reid, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. Moved by Morgan, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:36 p.m. ATTEST: `CITY CLERK MAYOR, CITY OF 1 IONADIf ITY, C.ILIFORNII: 9/20/60