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HomeMy WebLinkAbout1959 10-27 CC MIN134 National City, California, October 27, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fess- man, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Holgate- Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Mayor Hodge. Moved by Fessman, seconded by Hart, the minutes of the regular meet- ing of October 13, 1959, be approved. Carried, all the Council pre- sent voting aye. Moved by Allen, seconded by Hart, the minutes of the regular meeting of October 20, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7624 was read, granting a special zone variance permit to George Morgan, Jr. for the purpose of remodeling the existing car port located on the premises into a general contractor's office with 6-foot high signs on the marquee of the building. Moved by Hart, se- conded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Fessman. ATTORNEY CURRAN stated two weeks ago the Council adopted a Resolution of Intention for the Improvement of Tenth Street from Roosevelt Ave- nue to Coolidge Avenue; and there has been a slight ohange in the law pertaining to the issuance of bonds in the 1911 Act Proceedings which was not obtainable at that time and which was not taken into conside- ration. This amendment to the law requires, or at least indicates the feasibility of making a slight change in the Resolution of Inten- tion. This next resolution in essence is a change in the Resolution of Intention No. 7620; the only changes being that we have a section which repeals Resolution No. 7620 and which fixes in accordance with the requirements for a 1911 Act a new hearing date, otherwise the Resolution is the same as read two weeks ago to the Council. Moved by Allen, seconded by Hollingsworth, these sections of the Resolution be read. Carried, all the Council present voting aye. RESOLUTION NO. 7625 was presented, "RESOLUTION OF INTENTION (Tenth Street from Roosevelt Avenue to Coolidge Avenue)," and Section 1, which repeals Resolution of Intention No. 7620, and Section 8, which pertains to bonds was read in full. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. 10/27/59 135 ORDINANCE NO. _ , "AN ORDINANCE APPROVING THE ANNEXATION OP CERTAIN UNINHABITED TERRITORY DESIGNATED "HYNUM NO. 2 ANNEXATION" TO THE CITY OF NATIONAL CITY," was presented for the first reading, and read in full. ATTORNEY CURRAN stated the hearing notice which was referred to him regarding the meeting of the Small Craft Harbors Commission has been examined and it requires no action on the part of the City Council, and recommended this matter be handled in the usual manner by refer- ence to the City Manager. Moved by Allen, seconded by Hart, the re- commendation of the City Attorney be approved. Carried, all the Coun- cil present voting aye. ATTORNEY CURRAN stated in regard to the possibility a new law had been passed to give local control to the issuance of beer and wine licenses, which was referred to him, has been considered, and it appears clear the law remains the same now as it has been, and the problem of in- vesting any control at all in the City stems from the fact the matter is a part of our Constitution and not simply a matter that has been changed by the Legislature. COUNCILMAN ALLEN stated he would like to know the status of the pro- posed anti -noise ordinance which had been requested to be prepared by the City Attorney. Mr. Egger wished to have included in ordinance the blowing of automobile horns early in the morning and the squeal- ing of tires and loud muffler pipes. COUNCILMAN HART said he thought this matter could be taken care of if the City had two more police patrolman to patrol the areas to enforce our ordinance, if we have one on the books. Moved by ,Allen, seconded by Hart, the Attorney in- form the Council on the changes to be made in an anti -noise ordinance. COUNCILWOMAN HOLLINGSWORTH stated she has considered the matter of the complaint against Peters Nursery, which was overruled by the Judge, and there is no doubt in her mind that Mrs. Biddison has been subjected to a nuisance for over a year and there is no apparent re- lief in sight, and proposed we have an ordinance prepared so that no retail fertilizer may be sold in the City of National City. COUNCIL,. MAN ALLEN stated this problem will be taken care of in the new ordi- nance which will replace Ordinance 750. CITY PLANNER STOCKMAN stated the proposed ordinance will require all fertilizer to be stored in an enclosed building. COUNCILMAN FESSMAN stated he believed the lady who is injured by Mr. Peters operation does have a cause for damages in a civil case in court, if she would pursue that course. 10/27/59 136 COUNCILMAN HART requested permission to leave the State and be ab- sent for possibly two Council meetings. Moved by Hollingsworth, se- conded by Allen, porn ssiun, be granted. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $28,767.45 Traffic Safety Fund 5,977.92 Park Fund 420.41 Retirement Fund 3,937.54 Harbor Fund 5,807.20 Trust & Agency Fund 290.65 Special Street Fund 6,214.07 Drainage Fund 9,945.02 Payroll Fund 43, 982.42 TOTAL $105,342.68 Moved by Hollingsworth, seconded by Hart, the bills be approved for payment and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Alien, F'essman, Hart, Hollingsworth, Hodge. Nays: None. HEARING ON CLOSING PORTION 0' 18TH STREET NEAR PALM AVENUE, was held at this time. CITY CLERK ALSTON stated she received no written pro- tests, and there was no one present in this regard. Moved by Hollings- worth, seconded by Hart, the hearing be closed and referred to the Attorney for preparation of the resolution. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had a sewer easement which he recom- mended be accepted and the City Attorney prepare the necessary reso- lution for acceptance of same. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM PARK AND RECREATION ADVISORY BOARD was read stat- ing they have received the resignation of Louis Camacho, and recom- mended Henry Wilson be appointed by the Council to fill the:vacancy. The Board also called attention to the expiration of Mrs. Doris Kemp's term of appointment, and recommended she be reappointed for another term of office. The Board will meet October 28th at 7:30 A.M. at Louie's Ranch House and would appreciate having members of the Council also attend the meeting. COMMUNICATION FROM SWEETWATER UNION HIGH SCHOOL DISTRICT addressed to Mrs. Kemp, was read, concerning the vacancy now existing on the Advisory Board caused by the retirement of Henry Wilson who has been representing the school district. At a meeting of the Governing Board, held October 8, 1959, William Brett - miller, a resident of National City and a member of the administra- tive staff, was selected to be recommended for membership on the 10/27/59 137 Recreation Board, to replace Mr. Wilson. CITY MANAGER BIRD stated the status of the Board at the present time is Mr. Brattmiller has not been officially appointed, we have an expiration of term of Mrs. Doris Kemp and a vacancy caused by the resignation of Louis Camaoho. Moved by Fessman, seconded by Alien, the matter be laid over for a week for study. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, Mr. Brattniller be appointed, as request- ed by the Sweetwater School District. Carried, all the Council pre- sent voting aye. CITY MANAGER BIRD reported he had received a petition signed by a number of persons requesting the use of a small boat ramp in National City, and recommended it be referred to the Park and Recreation Ad- visory Board and the Harbor Committee. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated a communication has been received from The Thomas Shaheen Company with reference to Los Angeles area bid for A World's Fair in 1963 or 1964. They are asking the Council of National City to adopt a resolution, a copy of which they attached, whereby we will be solidified in support in California to bring, if possible, the World's Fair to the Southern California area, particu- larly to the Los Angeles area. Moved by Hart, seconded by Allen, the request be granted. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE GENERAL BEVERAGE LICENSE located at 419 Palm Avenue from Joseph Alotta to Earl and Rosaira Mohler and Mary Louise and Nicholas Stephens, dba Alotta's Italian Restaurant, was presented, REPORT FROM CHIEF OF POLICE SMITH stated investigation fails to disclose any legal grounds for protest. Moved by Hart, se- conded by Allen, the application be filed. Carried, all the Council present voting aye. COMMUNICATION FROM CAROUSEL HARDWOOD SOFTWOOD LUMBER COMPANY was read, stating they are interested in leasing a portion of the Tidelands area for the operation of their lumber business. Moved by Allen, se- conded by Hart, this be referred to the Harbor Committee. Carried, all the Council present voting aye. COMMUNICATION PROM AIRCO HOME IMPROVEMENT COMPANY was read, stating the driveway authorized by Premit #658 is completed, inspected, and ask for the return of the S500.00 cash they deposited in lieu of a bond, CITY MANAGER BIRD stated it has been approved by the Inspection Department of the Engineer's Office, and recommended the refund be made. Moved by Hart, seconded by Fessman, the recommendation of the 10/27/59 138 City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION PROM SAN DIEGO TRANSIT SYSTEM was read, enclosing a copy of the application of the Transit System for authority to adjust or increase certain fares. CITY MANAGER BIRD recommended the appli- cation be referred to the City Attorney. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Car- ried, all the Council present voting aye. COMMUNICATION FROM HIGHLAND AVENUE CIVIC CENTER COMMITTEE was read, enclosing a resolution adopted October 15, 1959, in regard to the contemplated construction of a new City Hall. It stated a petition is in circulation petitioning the Council to initiate such proceedings with the Commandant of the Eleventh Naval District to release suffi- cient land in the Olivewood Housing Project at 22nd and Highland Avenue to provide a suitable site for a new City Hall, same to be arranged in conjunction with the widening of Highland Avenue from 18th Street to 30th Street, and construction of the City Hall facil- ity at the earliest possible convenient period. Moved by Allen, se- conded by Pessman, the letter be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we are in receipt of a letter from Vienna, Austria, asking the City of National City to sponsor a child, a house, or a village, and recommended it be referred to the Finance Committee. Moved by Allen, seconded by Hart, the recommendation of the City Man- ager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM DEPARTMENT OF FINANCE was read, stating the esti- mated population of the City of National City on September 1, 1959 was 33,650. COMMUNICATION FROM J. DEKEMA, District Engineer, Divi- sion of Highways, was read, stating a certificate of the official estimate of population in the City of National City was received from the Department of Finance on October 15, 1959. Revised estima- ted apportionment of Gas Tax Funds for the 1959-1960 fiscal year $94,110.00. CITY MANAGER BIRD stated the net worth for the operation to the City will be approximately $9,000.00. REPORT FROM HARBOR COMMITTEE was read, requesting the City Manager have a four-way "Stop" sign placed at 19th Street and Tidelands Ave= nue on a temporary basis only; this sigh. location be referred to the Traffic Safety Committee for study and report. Also request the Traffic Safety Committee to study the following: a 35 mile zone to be posted on Tidelands Avenue; intersection of 13th Street and Tide- lands Avenue to be a 15 mile intersection; and the possible require - went of a boulevard stop at 19th Street and Cleveland Avenue. 10/27/59 139 Mr. Heflin and Mr. Ruffcorn, attorney representing National Plating & Processing Company were present and presented a proposal wherein the lessee requests a change in lease to allow certain subleasing. It was the recommendation of the Harbor Committee the request be denied. The lessee will resubmit to the committee a new proposal. It was also recommended the City Manager request of the City Attorney a legal interpretation in the matter of subleasing as set forth in in the original tidelands grant from the State of California; also request a legal opinion as to the length of lease in term of years the City, if they desire, may enter into. Moved by Allen, seconded by Fessman, the recommendations of the Harbor Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE was read, recommending that the contract with the Chamber of Commerce be entered into, and the Mayor authorized to sign, on the terms as set forth in the original tenta- tive budget. It was further recommended the City Manager be author- ized to arrange interviews and invite architects, through the Archi- tects Association, San Diego Chapter, to present proposals to the Committee regarding the City Hall and the El Toyon Park Community Building. Moved by Hart, seconded by Fessman, the recommendation of the Finance Committee be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read relative to street pavement in vicinity of National Award Homes Subdivision. Transmitted with the report were the plans and specifications for the paving of the following: Center 24 feet of Euclid Avenue from Division Street to 4th Street; center 24 feet of Fourth Street adjoining National Award Homes Subdivisions Units No. 1 and No. 2; North half of Division Street between Euclid Avenue and "U" Avenue. It was recommended the City Clerk be authorized to advertise for bids, and the bids be open- ed at 3:00 P.M. November 16, 1959. Moved by Allen, seconded by Fess- man, the recommendation of the City Engineer be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she received a claim against the City by Clara E. Paysinger, and one by Doris G. Montgomery, and recommended they be referred to the City Attorney. Moved by Hart, seconded by Fessman, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the following documents for approval: Affidavit of Publication from The Independent on Sweetwater Annexa- tion Unit No. 1; Affidavit of Mailing Notices of Resolution of In- tention No. 7620; Affidavit of Posting on Sweetwater Annexation 10/27/59 140 Unit No. 1, 0rd. 956; Affidavit of Posting Res. 7581 on Hynum #2 Annexation; Affidavit of Mailing Notice of Proposed Annexation on Hynum #2 Annexation; Affidavit of Mailing Notice of Proposed Annexa- tion of Hobson Annexation; Affidavit of Mailing Notice of Adoption of Ordinance 957 on Hobson Annexation; and Affidavit of Mailing Notice of Proposed Annexation of Sweetwater Annexation Unit No. 1. Moved by Allen, seconded by Fessman, the notices be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she had the Deed of Trust for National City Development Company; there have been some additional changes made, and recommended it be referred to the City Attorney for approval. Moved by Allen, seconded by Hart, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the assessment has been prepared for the improvement of Highland Avenue from Fourth Street to Eighth Street and has been filed with the City Clerk. Moved by Allen, seconded by Fessman, the report of the City Engineer be accepted. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read relative to application for zone change of the area on the East side of Roosevelt Avenue be- tween 13th Street and 50 feet North of 14th Street from an R-4, Mul- tiple Family Residence District to an M-2, Light Manufacturing Dis- trict. The Commission recommended the zone change to M-2 in this location. Moved by Allen, seconded. by Hart, the recommendation of the Planning Commission be approved, and a public hearing be held November 17th at 2:00 P.M. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the aecep- tanoe of the following grant deeds: Guy E. and Clara M. Waters for a 20 by 50 foot dedication for the East portion of "G" Avenue South of 15th Street making a 60 foot right of way at this location; Glen W. and Alice H. Walden for additional one foot dedication on Division Street, Moved by Allen, seconded by Hart, the recommendation of the Planning Commission be approved and referred to the City Attorney for the necessary resolution. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he received word from his brother-in-law who is a Missionary in Japan and because of the recent earthquake there is a real need for clothing, etc., and Mr. Allen will accept articles at his home and see that it gets on a Navy transport. The articles must be received before November 5th. 10/27/59 141 Moved by Pessman, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:40 P.4. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CI CALIFORNIA 10 /27/59