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HomeMy WebLinkAbout1960 01-12 CC MIN226 National City, California, January 12, 1960 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 p.m. o'clock. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Counoil members absents one. ADMINISTRATIVE OFFICIALS present! Holgate-Kerr, Lill, Stockman. Moved by Allen, seconded by Hart, January 5, 1960, be approved. -toting aye. Alston, Bird, Curran, Gautereaux, the minutes of the regular meeting Carried, all the Council present ';AYOR HODGE stated he handed his resignation to the City Clerk. :dved by Alien, seconded by Fessman, the resignation be accepted. :iLSIGNATION OF WALTER P. HODGE, Mayor, was read, asking that it -..u.ke effeot immediately. VICE MAYOR HOLLINGSWORTH stated this resignation will be a severe loss to National City. VICE MAYOR HOLLINGSWORTH took the "chair". Carried, all the Council present voting aye. Moved by Allen, seconded by Fessman, Vice Mayor Hollingsworth be elected Mayor of the City of National City. Car- ried, by the following vote to -wits Ayes: Allen, Fessman, Hart, Hodge. Nays: Hollingsworth. COUNCILMAN HODGE presented Mayor Hollingsworth with a new gavel and stated she is not only the Mayor but the First Lady of National City, and Mrs. Hodge made a presen- tation of a white orchid corsage to Mayor Hollingsworth. COMMUNI- CATION FROM COUNCILMAN HODGE was read, submitting his resignation as Councilman, to take effect immediately. Moved by Allen, see- onded by Hart, the resignation be accepted with regrets, and that a letter be sent to the ex -Mayor thanking him for his years of ser- vice, and that a certificate be issued. Carried, all the Council present voting aye. WALTER F. HODGE, 2102 Grove Street, was present and stated he wished to thank all the members of the Council, the department heads, and everyone who has helped to make his term of office a success. The reason for the resignation from the Council is quite obvious; his two brothers and himself have purchased fifty-five acres of land in Sweetwater Valley, where the Golden Arrow Dairy is located and they will want to annex to National City and it will be necessary to come before the Planning Commission and City Council and ask for consideration on different matters, and that is one of the main reasons he is resigning at this time. JACK SUPANCICH, President of the National City Chamber of Commerce, was present, and expressed the Chamber's appreciation to ex -Mayor -.Hodge for the successful work he has done. 1/12/60 227 HEARING ON ASSESSMENT FOR IMPROVEMENT OF HAARING AVENUE FROM 13th to 20th STREET was held at this time. CITY CLERK ALSTON reported she received no written protests; and no one was present in this regard. Moved by Fessman, seconded by Allen, the hearing be closed and the necessary steps be taken for the project to go forward. Carried, all the Council present voting aye. COUNCILMAN HART excused. Moved by Fessman, seconded by Alien, Councilman Hart be nominated as Vice Mayor. Carried, all the Gouneil present voting aye. COUNCILMAN HART present. RESOLUTION NO. 7662 was read, "RESOLUTION CONFIRMING ASSESSMENT (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN referred to the action of the Council at the last meeting at which the proposed ordinance for regulating animals was considered, and the Council determined that everything should be eliminated from the ordinance except rats. In the opinion of the City Attorney it would not be necessary to have an ordinance simply for rats, and recommended the action to prepare such an ordinance be rescinded. Moved by Fessman, seconded by HArt, the recommenda- tion of the City Attorney be approved. Councilman Fessman, with the approval of Councilman Hart withdrew their motion. Moved by Fessman, seconded by Hart, the City Attorney be instructed to pre- pare an ordinance, or resolution, whichever is necessary, to con- form to Dr. Askew's request regarding rats and mice only. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the ordinance which had 'the first reading last week concerning monuments and markers for boundaries it is his desire to change certain language and is working with the Engineer in that regard. That ordinance is not ready for the second reading. ATTORNEY CURRAN stated with reference to the adoption of the resolu- tion regarding the parking of trailers, the Building Code which is Ordinance No. 840 of National City, makes provisions for temporary uses of streets for air oompressors and other pieces of building equipment. If the Council desires the Ordinance as adopted could be changed so it would clear that the prohibition against parking of trailers did not apply in the event the provisions of Ordinance 1/12/60 228 No. 840 were complied with, Moved by Allen, seconded by Hart, the recommendation of the City Attorney be approved, to change the Ordinance so that it will clarify it. Carried, all the Council present voting aye. ATTORNEY CURRAN reported The Fidelity and Casualty Company of New York has served notice they are rescinding the cancellation they furnished the City with reference to the Sidewalk License Bond of E. C. Newton, which was acted upon by the City Council; and recom- mended the letter be filed together with the previous notice and the bond. Moved by Hart, seconded by Pessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Swett & Crawford has issued a Certifioate of Insurance and Pacific Indemnity Company has issued a Certificate of Insurance, which show Griffith Company has the insurance required by its contract for paving a portion of Plaza Blvd., and recommended the certificates be filed. Moved by Hart, seconded by Pessman, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated last Thursday, January 7th, the City Clerk and other officers of National City were served a copy of the Sum- mons and Complaint and an order to show cause in action filed the day before against National City by the Harbor Drive In Theatre. Pursuant to the previous direction of the City Counoil these papers were referred to the City Attorney. Upon examination of the papers the City Attorney found the Court had ordered, pending a hearing, the sewer connection of the Harbor Drive In Theatre should be immediately reconnected. It appeared that in order to protect the officers of National City from any possible jeopardy in this matter it was necessary to immediately file an appeal from that portion of the order, pending the bearing, which compelled the City to immedi- ately reconnect the sewer. Accordingly an appeal was filed by the City Attorney the next day, which was last Friday. The appeal does not in any way effect the hearing on the order to show cause, which is set for next Thursday; at that time it will not be necessary for the officers who have been served to be personally present in Court for the reason at that time they are represented by an Attorney, and after the hearing next Thursday, the City Attorney will report to the Council at the next meeting with reference to this matter. KEN DUNKER, representing the South Bay Plaza Merchants Association, was present, and stated a year ago they had a circus and they 1/12/60 229 propose to have one again this year. At that time they paid the proper license fees and the only waiver they asked for was a waiver of the faithful performance bond; and ask for the waiver of the bond for the circus proposed at this time. Moved by Hart, seconded by Allen, they be allowed to operate under the same conditions as last year, exoept that the people do not live in the trailers on the premises. COUNCILMAN FESSMAN asked the City Planner if this request conforms to the conditions of our new Ordinance No. 962. CITY PLANNER STOCKMAN stated carnivals must be in a C-4 zone and there is no provisions made in either the old Ordinance 750 or the new Ordinance 962 for a circus within the City of National City. COUN:- CILMAN FESSMAN stated he understands there were some cleanup prob- lems after the circus left last year. CITY MANAGER BIRD stated he was informed this morning by the City Treasurer that there were holes left by the trailers. CITY TREASURER KERR stated the Field Representative called to her attention of the conditions caused by the trailers leaving holes in the streets, also it was reported to them that animal cleanup was not very good, and there was a great deal of litter from the trailers. COUNCILMAN ALLEN said he would like to ask Mr. Dunker if he will guarantee the property will be cleaned up, and the trailers will be moved to some other area. MR. DUNKER stated one of the conditions was all trailers be housed in a trailer court, there will be no trailers on the Plaza premises; and we have deposited a $500. check which will be retained until the entire premises are cleaned up. MAYOR HOLLINGSWORTH stated if we have an ordinance that says circuses are barred, does the Council have the right to make a waiver? ATTORNEY CURRAN stated they do not. The Council is regulated by the Ordinance the same as anyone else. COUNCILMAN ALLEN stated he thought this is a carnival rather than a circus. CITY PLANNER STOCKMAN stated carnivals are permitted in a 0-4 zone which is located on the lower part of National Avenue, the South Bay Shopping Center is located in a 0-3-A zone. COUNCIL- MAN FESSMAN read the definitions of carnival and circus as taken from Webster's Dictionary. COUNCILMAN ALLEN asked if the Attorney could state whether or not this request can be granted. ATTORNEY CURRAN stated this is a question of fact, the definitions are set out, and is a question the Council is going to have to determine, it is not a question of law; the law is the Ordinance, and the Council is going to have to make the determination. COUNCILMAN FESSMAN stated according to the City Planner a carnival or circus is illegal in the zone where the South Bay Plaza is located. COUNCILMAN HART withdrew his motion. Moved by Hart, seconded by Fessman the request be denied. Carried, all the Council present 1/12/60 230 voting aye. MR. DUNKER asked if it would be permitted, if they could obtain a place in a 0-4 area. COUNCILMAN F ESSMAN asked the City Planner if it would be necessary for any action other than the permits taken out if a carnival were established in a 0-4 zone. CITY PLANNER STOCKMAN stated according to the zoning ordinance, Ordinance No. 962, a carnival would be permissible in a C-4 zone and would require no action from either the Planning Commission or the City Council, the only thing concerned would be the waiver of the bond. After further discussion, it was moved by Allen, seconded by Hart, we waive the $2,000.00 bond and let them find C-4 property and get this in operation like it was last year, with the provisions the trailers go in a trailer court and any holes, litter, trash, etc would be cleaned up after they are gone. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays: Fessman. GEORGE BULLERWELL, 1438 "F" Avenue, was present and stated something should be done with the Wilhelmine Home property, and it should be cleaned up. COUNCILMAN HART said he has looked at the property and went over before the Council meeting; it is full of water and is being used as a "dump". It is private property, but it w ould appear that the Wilhelmine Home and also the Hodge nursery could be made to clean up the premises. The drainage stops up and forms a lake and the children get in there and cut their feet on old bottles, eto., and is definitely an eye sore. Mr. Hart said he would like to refer this to the City Manager to see whether it is a legal problem, whether we can do anytning, or just what can be done to clean this up. GEORGE J. MONROE, 1404 "F" Avenue, was present, and HARVEY SPITZ. 1418 "F" Avenue, wr3 also present in regard to this same problem. Moved by Hart, seconded by Allen, this be referred to the City Manager to get this matter cleaned up. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, we send letters of appreciation to all the groups of service people and stations, not individually, but groups, and also civilian groups, police groups, police reserve groups of the various cities, etc. also our Police Department, in this house to house search we had for the missing girl. A complete list of the people who assisted can be obtained from the Chief of Police. Mr. Allen said the Police Chief intends to write letters but he thought the City should send out letters under the Mayor's signature to these groups. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated with reference to the vacancy on the City Council, an appointment could be made; however he would like to 1/12/60 231 request the City Attorney, or City Manager, to let us know how many days can go by before we appoint another individual, ATTORNEY CURRAN stated it is his recollection, a thirty day period, but the sugges- tion has been made that it go on the ballot and is not sure of the answer, so would prefer to report next week. REQUEST OF HERBERT A. ANDERSON, 2231 E. 16th Street, for excavation permit, was presented. CITY ENGINEER LILL stated his report regard- ing this was read at the ]a.st meeting and it is his opinion it is not a suitable portion of 16th Street to be built on; but if a building permit were to be granted he recommended a plot plan and grading plan be used as a criteria and no separate excavation permit be granted. Moved by Fessman, seconded by Allen, we follow the recommendation of the City Engineer, DON KERSHNER, 889 Maria Way, Chula Vista, with Levelon Builders, was present, and stated the plans have been drawn and if Mr. Anderson could not proceed w ith the building it will penalize him to the tune of $1,000.00; they would be willing to go along with the recommendation of the Engineer in submitting the plans. CITY MANAGER BIRD stated he would recommend for the Council's consideration Mr. Anderson and the contractor, take this problem to the Building Department and make an application for a building permit and the building permit then be submitted as is customary to the Engineering Department setting up the restric- tions Engineering will place on as to setbacks, etc. Mr. Bird said he did not believe the Counoil can stop Mr. Anderson from the use of his property. COUNCILMAN FESSMAN with the approval of Council- man Allen withdrew their motion. Moved by Hart, seconded by Allen, the recommendation of the City Manager be followed. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she was served with a court order from Harbor Drive In Theatre for the City to reconnect them to the sewer, and she referred it to the City Attorney, and -asked that her action be ratified by the Council. Moved by Hart, seconded by Allen, the action of the City Clerk in referring the court order to the City Attorney be ratified. Carried, all the Council present voting aye. COUNCILMAN FESSMAN excused. CITY MANAGER BIRD stated he has a contract from the California Water & Telephone Company. He asked for this contract so that we would be prepared, and it essentially is an extension of an eight inch water main between 24th Street to 21st Street on Hoover Avenue. The contract proposes that the City will deposit $3,700.00 to the Water Company within the usual ten year contract of return on participation 1/12/60 232 as connections are made. The reason for this contract is very evi- dent; we have two manufacturing concerns in there now who are trying to get into their buildings, and are without water. We are going to need water on our property, of which there are three City blocks abutting it. It is a proper plan rather than a hodge-podge of attempting to give service in the area which is fast growing. It was the City Manager's recommendation the contract be aceepted sub- ject to the approval of the City Attorney. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. Car- ried, all the Council present voting aye. COMMUNICATION PROM CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY was presented, stating a change in the Insurance Code by the State Legislature requires a chiropodist now be recognized, and they have sent an amendment to our group policy. CITY MANAGER BIRD recom- mended the amendment be received and placed on file with the City Clerk. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM STATE WATER POLLUTION CONTROL BOARD regarding determination of the quantity of oily substances on beaches, etc., was presented. CITY MANAGER BIRD recommended the ]eater be referred to the City Engineer. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COUNCILMAN FESSNk N present. COMMUNICATION PROM MUELLER TRUCK CO. was read, stating they wish to make application for additional tidelands property. The pe rcel of land in which they are interested is that portion lying Westerly of their present tidelands lease to/or in the proximity of the bulk- head line. They request favorable consideration be given to their application for this additional land and assume it will be under the same terms and conditions as their present lease. Moved by Hart, seconded by Fessman, this be referred to the Harbor Committee. Carried, all the Council present voting aye. COUNCILMAN ALLEN questioned w #p would take Mayor Hollingsworth's place on the Harbor and Finance Committees. CITY CTiRIC ALSTON stated Mayor Hollingsworth can serve on the Committees. CITY MANAGER BIRD stated in the matter of the investigation conducted by the Police Department in the unfortunate circumstance which we just had, there has been an abnormal drain on the Police Department's funds. As it is at the present time we have set in the budget a 1/12/60 233 certain amount of money under the classification of "special inVes- tigation". That money in the past has been expended on $25.00 petty cash account issued over the signature of the City Manager with proper accounting as to the expenditure. However, we have a request from the Police Department whereby they are requesting $150.00 as of the moment and will possibly need $300.00 to $400.00. We do not issue a petty oash over $25.00 at one time. It was the recommenda- tion of the City Manager in regard to the case, namely the Olson case, he be given authority to increase for this job only, with pro- ,er accounting to be submitted for the Finance Committee, the amount of $100.00 on each petty cash draw. Moved by Hart, seconded by Fess. r;nn, the recommendation of the City Manager by approved. Carried, f?,11 the Council present voting aye. 0 TY MANAGER BIRD stated we have a street sweeper, equipment No. 10, which was purchased twelve years ago, and he would like to negotiate or call for bids, whichever deems desirable by the City Attorney as far as legality is concerned, to replace this Elgin sweeper. To repair and replace the sweeper that is broken down at the present time, into seeond class condition, we have an estimated cost between $3,000.00 and $3,500.00.. Mr. Bird said he thought it was more feasi- ble and economical to spend $10,000.00 and buy a new sweeper. Moved by Fessman, seconded by Hart, the City Manager's request be granted and he confer with the City Attorney regarding the sweeper. CITY MANAGER BIRD stated it is a budgeted item. Carried, all the Oouncil present voting aye. REPORT PROM CITY ENGINEER LILL was read regarding the improvement of 8th Street between "L" and Sanitarium, Gas Tax Project No. 65-1. Transmitted herewith for approval are the plans and specifications for the subject project. The estimated cost of the work is $202,000.00 plus contingencies. It was recommended the City Clerk be authorized to advertise for bids for the work as soon as the plans and specifications have been given final approval by the State Divi- sion of Highways. It was also recommended the City Attorney be authorized to proceed with all measures necessary so that the street grade as shown on the plan becomes the o 'icial grade for this por- tion of 8th Street; and recommended such action be taken without delay. CITY MANAGER BIRD stated he would recommend the plans and specifications for 8th Street be accepted and approved. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended the City Clerk be authorized to advertise for bids for this work upon receipt of approval from the State 1/12/60 234 Division of Highways. Moved by Fessman, seconded by Hart, the City Manager's recommendation be approved. Carried, all the Council pre- sent voting aye. CITY MANAGER BIRD recommended the City Attorney be authorized to proceed with the measures necessary so as to offi- cially establish the grade. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read, regarding Paradise Drainage Project Unit 3-B and 3-C, The Contractor for Unit 3-B has completed the work of jacking the ten foot diameter pipe under the hill at 16th and 18th Street and is now proceeding with clean up and incidental operation. Transmitted for approval were plans and specifications or Unit 3*C of the project, and it was recommended they be approved and the City Clerk be authorized to advertise for bids for the work. The estimated cost of the work is $275,000.00. CITY MANAGER BIRD recommended the City Clerk be authorized to advertise for bids and accept the plans and specifications as submitted. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be ap- proved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with regard to the report requested on the comfort stations, we have a log on this in cooperation with Supt. of Construction and Parks Gautereaux, and we have attempted to get Selph Construction Company to finish the stations as per contract. We submitted the contract to the City Attorney and he will make a report in this regard. CITY ATTORNEY CURRAN stated the basic ques- tion is what remedy does the City have. The remedy is provided for in the agreement itself which gives the City Council the power to suspend the contract and then take steps to see the work is completed. Before the City Council has this power, however, it is necessary that the Engineer serve formal notice in writing upon the contractor that diligence has not been shown in the completion and that a certain number of days is given to complete the work. If such a notice is served and if the work is then not completed the City Council would then be in a position to suspend the contraot and complete the job by other means. Moved by Allen, seconded by Hart, the Engineer of Work be instructed to comply with the recommendations made by the City Attorney on what has to be done prior to getting the contract completed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated our General Municipal Election will be held in April and requested permission to appoint the election officers and polling places. The County has divided our precincts and we now have 51 voting precincts. Moved by Hart, seconded by Allen, the 1/12/60 235 request of the City Clerk be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON stated also in regard to the election, in checking with our neighboring cities and the County, they have all raised their election officer salaries, so to be in line with Coronado, La Mesa, Chula Vista, and the County, recommended Inspectors be paid $15.00; Judges and Clerks $12.00; and polling places $10.00. Moved by Allen, seconded by Hart, the recommendation of the City Clerk be approved. Carried, by the following vote to - wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. CITY CLERK ALSTON stated yesterday she received notice of her appoint- ment by the President of the State League of California Cities to F.erve on the Elections Committee of the State League. CITY CLERK ALSTON announced the meeting of the County League of California Cities Friday, January 15th, in La Mesa. DIRECTOR OF PUBLIC HOUSING GAUTEREAUX stated due to the lack of help in his department because of illness, he asked the Council's indul- gence in giving him another week to get in his report. Moved by Allen, seconded by Hart, permission be granted. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, stating the term of office of Willard A Christman and Norman S, Stowe will expire as of January 21, 1960, and the Commission recommended the reappointment of Mr. Christman and Mr. Stowe for a second term. Moved by Allen, se- conded by Hart, this be held over for another week. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read recommending the estab- lishment of zoning a^ the following annexations: 1. Sweetwater Annexation Unit No. 1. Approval was recommended of the zoning for the Sweetwater Annexation Unit No. 1 as shown on the map proposed by the City Planner to be known as Exhibit A. This action would then establish the following zoning: R-4, Multiple Residence Zone on all that property within the annexation lying 700 feet South of the North line of 30th Street, C-2, Limited Commercial Zone for 165 feet from the center -line of 32nd Street, and M-2, Light Manufacturing Zone for the balance to the centerline of Sweetwater River. 2. Hobson Annex- ation: It was recommended the zoning for this annexation as R-2, Two Family Residence Zone. 3. Hynun Annexation No. 2: It was re- commended the zoning for this annexation to be R-4, Multiple Resi- dence Zone. Moved by Allen, seconded by Hart, it be set for public hearing February' 2nd. Carried, all the Council present voting aye. 1/12/60 236 Moved by Allen, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. The meeting closed at 3:32 P.M. L..TTEST: dITY CLSRK », MAYOR, CI 0P WIC NJ ALCITY, CALIFORNIA 1/12/60