HomeMy WebLinkAbout1959 09-01 CC MIN78
National City, California, September 1, 1959
Regular meeting of the City Council was called to order by Mayor Hodge at 1:30
P.M. OtClock. Council members present: Allen, Fessman, Hart, Hodge. Council
members absent: Hollingsworth.
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate-Kerr,>
Lill, Stockman.
The meeting was opened with pledge of allegiance to the Flag by City Manager Bird,
followed with invocation by Rev. Perkins.
Moved by Fessman, seconded by Hart, the minutes of the regular meeting of August
25, 1959, be approved. Carried, by the following vote to -wits Ayes: Alien,
FeOsman, Hart, Hodge. N rs: _None. Absent 9 Hollingsworth. o
n�f-4. / Ga-mot. -:; 114 �=ti"`1,.-"""'
ATTORAti uennaN stated h thought there shout be a clarific ion of policy
the Council with reference to zone changes. At the last meeting it was deter-
mined no zone changes should be acted upon pending the adoption of the new
zoning regulations. There have been some changes which have already been approved
and have not yet come up for reading by way of an ordinance, and it is the desire
of the Attorney to know whether or not the Council wishes to proceed with these
changes that have previously been approved. Moved by Allen, seconded by Hart,
we proceed with the ones that have previously been approved. Carried, all the
Council present voting aye.
ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 750 BY REZONING CERTAIN
REAL PROP RTY ATIOlAL CITY," was presented for the first reading, and read in
full.
COMMUNICATION FROM ROBERT L, SWARTZ was read, stating it is necessary to tender
his resignation from the Park and Recreation Advisory Board as he has moved from
National City to Chula Vista. Moved by Allen, seconded by Hart, the resignation
be accepted with regrets. Carried, all the Council present voting aye.
ATTORNEY CURRAN reported he has examined the communication from the San Diego
County Water Authority dated August 17th and there is nothing that requires any
action by the City Council at this time, and recommended it be filed. Moved by
Hart, seconded by Fessman, the recommendation of the City Attorney be approved.
Carried, all the Council present voting aye.
ATTORNEY CURRAN stated National City has been requested to appoint two members of
its Council to meet with two members of the Board of Directors of the South Bay
Irrigation District for the purpose of serving as a liaison committee in the
proposed bond election with reference to the Sweetwater System of the California
Water and Telephone Company. It is suggested the liaison committee act as a
clearing house for both the City and for the Irrigation District Board of
Directors in matters pertaining to the dissemination of information which is im-
portant for the voters of the District and of the City in order to decide whether
or not this project should go forward. It was the recommendation of the City
Attorney that the Mayor take action to have such a committee appointed for
National City in this matter.
COUNCILWOMAN HOLLINGSWORTH present.
MAYOR HODGE stated if the Council so approved he would appoint Councilwoman
Hollingsworth to this committee and he also would serve. Moved by Allen,
seconded by Fessman, the Council approved the appointments. Carried, all the
Council present voting aye.
HARRISON FREEMAN, 3010 "B" Avenue, was present and stated he had an application
in for variance on side, front, and rear yard, and it has been before the
Planning Commission. CITY PLANNER STOCKMAN stated the problem is the Council has
gone on record that no further variances or zone changes would be considered.
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One zone change and two variances were accepted by the Planning Department, and
authorized by the Planning Commission on August 24th, to proceed with public
hearing on September 14th. Mrs. Stockman said she would like to know whehter or
not she can proceed or refund the money to the applicants. ATTORNEY CURRAN
stated anything that had been approved, either by the City Council or by the
Planning Commission, it was his intent it should be processed; however in a
situation where something had only been filed and no action taken, that is certain-
ly open.
HEARING ON 1911 ACT RESOLUTION OF INTENTION 7568 on Rachael Avenue from 6th Street
to 8th Street, was held at this time. CITY CLERK ALSTON stated she received no
written protests, and no one was present in this regard. Moved by Allen, second-
ed by Hollingsworth, the hearing be closed and referred to the City Attorney.
Carried, all the Council present voting aye.
HEARING ON REQUEST FOR ZONE CHANGE BY MR. BEALL was held at this time.
COMMUNICATION FROM WILMA AND ERNEST C. DRENNAN Jr., 2921 E. ltth Street, was read,
protesting the granting of the requested zone change. Moved by Hart, seconded
by Allen, the hearing be closed, and the recommendation of the Planning Commission
be approved and referred to the City Attorney. Carried, by the following vote to -
wit: Ayes: Alen, Hart, Hollingsworth, Hodge. Nays: Fessman.
HEARING ON REQUEST FOR ZONE CHANGE BY MR. KRTEK was held at this time. CITY CLERK
ALSTON stated no written protests were received, and no one was present regarding
this request. Moved by Hart, seconded by Alien, the hearing be closed, and the
recommendation of the Planning Commission be accepted, and referred to the City
Attorney. Carried, by the following votes to -wit: Ayes: Allen, Hart,
Hollingsworth, Hodge. Nays: Fessman.
MR. FREEMAN stated he would like to know whether or not he will be able to pro-
ceed with his request for a zone variance. Moved by Allen, seconded by Hart,
that those cases that are pending in the Planning Commission at the present time
be processed. Carried, all the Council present voting aye.
HENRY O'BRIEN, 1048 Roosevelt Avenue, was present, and stated Don Norman had
hoped to be present regarding his request for a zone change, but was delayed and
asked if it would be possible for Mr. Norman to appear before the Council later
in the meeting. MAYOR HODGE stated Mr. Norman's request would be considered at
the end of the meeting.
C. M. FRAZIER, 2425 "K" Avenue, was present in regard to his zoning violation.
Mr. Frazier stated in May of 1942 he was issued an application for a sleeping room
on his property, and since that time he has rented it as a sleeping apartment
almost continuously. In 1957 there was a complaint issued; he had some minor
plumbing changes made. Mr. Frazier said he has been accused of violating the
zoning ordinate° and caked for an opinion of the City Attorney. MANAGER BIRD
stated it was a deed restriction put on at the time the subdivision was created.
Because the deed restrictions were running out the Planning Commission and City
Council at that time thought to further protect the district they would create
what is known as the R-lee single Residence Special Zone. MR. FRkZIER asked if
the Council felt he was in violation of the ordinance. ATTORNEY CURRAN stated
this is not the way matters of this kind should be handled, once they are in the
stage they have been referred to the City Attorney it is never productive to have
a harangue before the Council, and Mr. Frazier has been so advised. MAYOR HODGE
stated Mr. Frazier's problem is with the City Attorney.
E. H. ALSDORF, 2105 "J" Avenue, was present, relative to the granting of liquor
Licenses, i. e. the Sweetwater Ranch Market, which is located in the County. It
was Mr. Alsdorf's opinion the Council should reconsider this matter. The
Sweetwater Ranch Market is just across the street from Sweetwater Union High
School. COUNCILMAN FESSMAN said he thought the School Board should be the one to
protest.
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Moved by Allen, seconded by Hart, the Traffic Safety Committee investigate the
need for cross walks et 26th and "D" and double lines, up and down the hill,
from 26th to 28th Street, and if the Committee favors this the City Manager be
authorized to comply with their recommendation. Carried, all the Council
present voting aye.
COUNCILMAN ALIEN stated on the East side of Highland, between 8th and 9th Streets,
there is a high bank of dirt which comes down over the sidewalk. Mr. Allen said
h<has received four or five complaints in this regard.
COUNCILMAN ALIEN asked the City Attorney if he has checked into the legality of
removing sewer services for people who might be annexed to another city, but
who are now using our sewer. ATTORNEY CURRAN stated he has not. Moved by
Allen, seconded by Hart, this problem be referred to the City Attorney for an
answer. Carried, all the Council present voting aye.
COUNCILMAN FESSMAN stated he did not think the matter of the zoning violations
should be brought before the Council, the proper palace is for the Attorney to
take it to the Court, and the Court to decide whether each individual one is
guilty of violations and what the penalties might be. Mr. Fessman said if the
Council is going to insist on the enforcement of Ordinance 750 that is fine, if
not he would like to see it repealed.
COUNCILMAN HART excused.
BILLS AUDITED BY THE FINANCE COMMITTEE presented:
General Fund
Traffic Safety Fund
Park Fund
Retirement Fund
Trust & Agency Fund
Special Street Fund
Drainage Fund
Payroll Fund
TOTAL
$49,782.22
1,285.91
117.54
4,046.98
507.04
995.39
3,255.19
706.
$107,
Moved by Hollingsworth, seconded by Fessman, the bills be approved for payment,
and warrants drawn for same. Carried, by the following vote to•wit: Ayes:
Allen, Fessman, Hollingsworth, Hodge, Nays: None. Absent: Hart
CITY CLERK L.LSTON reported the following bids were opened in her office,
August 31st, for the El Toyon Park Storm Drain: A. E. Smith & Speaks,
$33,499.40; PACE CONSTRUCTION COMPANY, $30,711.30; JOHNSON & WESTERN CONSTRUCT -
ORB, $31 990.00; J. Allen Golden, $39,042.30; WALTER H. BARBER & H. R. BREEDEN,
$34,909.80; MUNS CONSTRUCTION COMPANY, $30,872.00; FOSTER.MARSCH COMPANY,
$32,564.00; NELSON EQUIPMENT COMPANY, $34,968.04; RAY A. NELSON, $33,332.52;
L. B. BUTTERFIELD, INC., $30,926.00.
COMMUNICATION FROM SOUTH BAY HIGHWAY ASSOCIATION regarding the Federal Beltline
Freeway routing, was read. A Thursday dinner meeting will be held September
3rd, at the Plaza Bowl, V.I.P. Room.
COMMUNICATION FROM CHAMBER OF COMMERCE was read, stating the Board of Directors
of the National City Chamber of Commerce voted unanimously to accept the
recommendation of the Chamber of Commerce Highway Committee that Route H be
recommended for the proposed Beltline Freeway through National City. Moved by
Fessman, the communication be referred to Mr. Dekema of the State Division of
Highways. Motion died for lack of a second. CITY MANAGER BIRD stated the
Council asked, upon the recommendation of the City Manager, that Mr. Dyster's
committee of the chamber of Commerce review the five proposed maps and set up
their hearings. They have held those hearings, the public was invited, and
have made a report. Mr. Bird Said he believed the Council should thank them for
the work they have done, accept their recommendation and forward it to the
State Division of Highways to be considered with the other five routes which the
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State has proposed. Moved by Allen, seconded by Hart, the recommendations of
the City Manager be complied with, Carried, all the Council present voting aye.
CITY CLERK AISTON presented the Affidavit of Mailing Notice of Hearing on loth
Street from Roosevelt to Coolidge Avenue; Affidavit of Posting Notices on
Sweetwater Annexation Unit #1 in the area to be annexed. ;coved by Hollingsworth,
seconded by Hart, the Affidavits be filed. Carried, all the Council present
voting aye.
CITY ENGINEER LILL reported the Highland Avenue Improvement from I,.th Street to
8th Street has been completed.
CITY MANAGER BIRD reported he received a copy of the contract with the Pacific
Telephone & Telegraph Company which has to do with certain movements on joint
poles so as to make way for our fire alarm system; and recornended the City
Attorney be authorized to prepare the necessary resolution authorizing the
Mayor to sign the contract, if it is in accord with the Attorney's thinking.
Moved by Fessman, seconded by Hollingsworth, the City Manager's recommendation
be approved. Carried, all the Council present voting aye,
COMMUNICATION FROM PHILIP GILBERT, employee in the Housing Department, was read,
requesting his sick leave be further extended without pay from September 1
through September 11, inclusive. The request was approved by Housing Director
Gautereaux. Moved by Hart, seconded by Fessman, the request be granted.
Carried, all the Council present voting aye.
REPORT FROM CITY' ENGINEER LILL was read, recommending the contract for the El
Toyon Park Storm Drain be awarded to Pace Construction Company as low bidder.
CITY MANAGER BIRD concurred in the recommendation, and the City Attorney pre-
pared the resolution of award. Moved by Fessman, seconded by Allen, the City
Manager's and City Engineer's recommendations be approved. Carried, all the
Council present voting aye.
CITY MANAGER BIRD stated there has been a letter drafted which he wished to read
for the Council's approval, and upon approval they will circularize the entire
residential area of the City in regard to trash and trash regulations. The
proposed letter was read, setting forth the rules and regulations of the City
regarding trash and garbage. Mr, Bird stated if the Council approves it, a
target date will be set wherein it will be enforced. Moved by Allen, seconded
by Fessman, the letter be sent out. Carried, all the Council present voting aye,
COUNCII.NiAN FESSeeN said he would recommend for consideration the City Manager
be authorized to inform the trash collector that any time anything is put in
cardboard cartons he should pick up the entire carton with the contents and not
leave the carton on the streets; and when there is more trash than the contain.
ers will hold they could throw all the containers with the contents on the
truck and leave only the legal containers.
CITY MeheGER BIRD requested the City attorney be authorized to prepare a
contract with K. C. Y. Tractor Company for lease of a piece of equipment.
Moved by Fessman, seconded by Hart, the City Attorney be authorized to prepare
the contract. Carried, all the Council present voting aye.
REPORT FROM THE PLANNING OMISSION was read, relative to application for
Conditional Exception No. 656 signed by C. M. Eichenlaub of the San Diego &
Arizona Eastern Railway Company. Petitioners are requesting permission to en-
large the salvage yards of the Ace Metal and Waste Company. The Commission
recommended the granting of this variance subject to restrictions as setforth
in the report. Moved by Fessman, seconded by Hart, the Planning Commission's
recommendation be approved and referred to the Attorney. CITY PLONEt STOCKMAN
stated this application was referred back to the Planning Commission upon a
written appeal signed by the petitioner, therefore it should be acted upon as a
new application, and not actec upon until September 15th. Councilman Fessman,
with the approval of Councilmen Hart, withdrew their motion.
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CITY PLANNER STOCKMAN stated Application for Conditional Exception No. 661 for
the St. Matthews Episcopal Church was referred back to the Planning Commission
on August 25th for additional information. The following is a clarification
of the motion as passed by the Planning Commission on July 27th. The
Comni.ssicn recommended acceptance of the plans as follows: Permission to raze
azesting alendae School class rooms and Parrish Hall and reconstruct and enlarge
the existing church fa'ilities in a C-3 General Business District; elimination
of off street parking space requirement, construction restricted to plot plan
on file in the Planning Department. With this clarification, Mrs. Stockmen
recommended it be referred back to the City Attorney for the preparation of the
resolution. Moved by Fessman, seconded by Harts the recommendation of the
City Planner be approved. Carried, all the Council present voting aye.
CITY PLANNER STOCKMAN stated application for Conditional Exception No. 659
signed by David W. Canfield relative to property located at 2010 E. llth Street
requesting permission to convert existing two level struetuee into duplexes
was referred back to the Planing Commission on August 25th for a written agree-
ment from applicant on the condit'_.ons placed against the granting of the
variance. Communication received from Yr. Canfield advised he attended the
public hearing and understands and agrees to the conditions and will complete
them as soon as possible. Yrs, Stockman recommended the application be again
referred to the City Attorney for the necessary resclet.on, Moved by Hart,
seconded by Allen, the recommendation cf the City P1arne: bo approved. Carried,
all the Council present voting aye.
RESOLUUTION NO. 7589 was read, accepting the bid of Pace Construction. for the
�+ ;, .. cf 3O 7 'M _
El Toyon Perk Strom Drain ..i; t�`3 c.:I_ii 'r `,7t ,n J�/.. !'�l �i� ant!! v�� 1'. ' h'' .'.
authorized and directed to exocotte the contractfor said project. Moved by'
Hollingsworth, seconded by Feseman, the Resolution be adopted. Carried, all the
Council present voting aye.
RESOLUTION NO. 7590 was reads "RESOLUTION ORDEnING WORK (Rachael Avenue from
6th Street to 8th Street)." Moved by Hart, seconded by Fessman, the Resolution
be adopted. Carried, all the Council present voting aye.
DON NORMAN, 1015 National Avenue, was present in regard to the rezoning of
property at Plaza Blvd. and Palm Avenue, and it was requested a bond be posted
for the improvements on said property, Mr. Norman said he did not know how
they could post a bond when they did not have any completion date for the
improvement; and requested the restriction of posting a bond be removed. Moved
by Fessman, seconded by Harts the provision for Mr. Harman posting a bond as a
condition of our granting him a zone change be waived and instead a clause be
inserted and agreed to by Mr-, Norman and Associate that at the same time he
applies for a building perird.t to improve that property, make any construction
at all, he will at that time submit and complete the necessary sidewalks and
curbs and street improvement;; on Plaza Blvd. that goes through this piece of
property, or if the City should decide to improve Plaza Blvd. through to Palm
from the 'Jest, Me. Norman will agree to comply with the improvements and go
along with them at that times whichever action comes first; also that this
contract be made a matter of record, and it be referred to the City Attorney
:1:%:r _
,f the tj �,�.uC;?:� 1e. legality, ,cl"rle, by' the; f49?1s.`V'Sa?g `7C'"Gt
Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None.
COUNCIIWOMF:N HOLLINGSWORTH excused.
CITY MANAGER BIRD stated Mr. Toledo has applied for a building permit but it
was denied because of the conditions setforth by the Planning Commission. Mr.
Bird stated he is primarily interested in getting Plaza Blvd. through to its
final destination, because of the committee on the freeway we want to get all
of those deeds and titles to Plaza Blvd., and the Toledo matter which is part
of the first step to the East and affects Plaza Blvd. should be given con-
sideration by the Council in a similar manner to that just disposed of.
COUNCIIJWWOMAN HOLLINGSWORTH present.
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Moved by Fessman, seconded by Hart, the City Manager or City Planner
us with a report as to all of the terms and conditions and status of
Toledo matter at the next meeting so we can dispose of it. Carried,
Council present vesting aye.
Moved by Hart, seconded by Fessman, the meeting be closed.
Council present voting aye„ Meeting closed at 3:27 P M.
CLERK
Carried,
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M1YOR, CITE OF NATIONAL C
CALI1DRN