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HomeMy WebLinkAbout1959 12-01 CC MIN180 National City, California, December 1, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Hollingsworth, Hodge, Council members absent: Allen. 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 Supt. of Parks and Recrea- tion Gautereaux. Moved by Hollingsworth, seconded by Fessman, the minutes of the regu- lar meeting of November 24, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION N0. 7644 was read, accepting a grant deed from Beatrice L. Yahnke; corporation grant deed from Paradise Valley Sanitarium and Hospital. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. RESOLUTION NO. 7645 was read, "RESOLUTION CLOSING THE ALLEYS BETWEEN 16th and 18th STREETS, HOOVER AND WEST AVENUES IN THE CITY OF NATIONAL CITY." Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. ATTORNEY CURRAN stated there was one resolution read which incorpo- rated the alleys as stated in the above Resolution, also the closing of certain streets in National City, and be would like to ascertain at this time whether it is the desire of the Council to proceed with the closing of the streets as described in Ordinance 955. Moved by Hollingsworth, seconded by Hart, a resolution for the closing of the streets be read. COMMUNICATION PROM E. H. ALSDORP was read, pro- testing the closing of "A" Avenue between 15th and 16th Streets. Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Fessman. Absent: Allen. ORDINANCE NO. 961, "AN ORDINANCE AMENDING ORDINANCE NO. 739 OF NATIONAL CITY," was presented for the second and final reading, and read in full. Moved by Hart, seconded by Hollingsworth, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. 12/1/59 181 CITY ATTORNEY CURRAN reported the application for further extension of time by The Atchison, Topeka and Santa Pe Railway Company, for authority to construct a spur track on Harrison Avenue near 19th Street, has been examined, and recommended it be filed. Moved by Hart, seconded by Pessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CTURRAN stated with reference to the application of Speedee Mart located at 3440 E. 8th Street for an off sale beer and wine li- cense, the copy of the protest which was submitted to the City Council last week indicated this area was a residential area, and although it is true the neighborhood 1s predominately residential this particular market is located in a C-2 none; therefore there is no violation of our zoning ordinance in the event the Department of Alcoholic Bever.. age Control should within its discretion grant the license, The City therefore does not have any grounds to protest on the basis of a residential area. The other point made was with reference to the proximity to a school is something the Courts have ruled upon. The State law gives the specific authority to deny such an application in the event the Department of Alcoholic Beverage Control feels it is too close to the school; therefore the City Attorney desires more specific instructions, particularly with reference to the fact there is no violation of the zoning act which is being protested in this matter. Moved by Kart, seconded by Hollingsworth, the application be filed. Carried, all the Council present voting aye. DR. GEORGE PARCHEN, 101 E.18 th Street, was present and stated he would like to present to the Council the matter of the Little League and the necessity of bringing Las Palmas Park up to the st'ndards as set down by Little League requirements. It was requested the Council take under consideration granting the use of Las Palmas Little League Ball Park to Little League or if they do have land available, and so desire to set aside some land and allow the parents and the children to build a ball park specifically for Little League. Moved by Hart, seconded by Pessman, this be referred to the Park and Recreation Ad- visory Board and Mr. Gautereaux, Supt. of Parks and Recreation, to see what can be done. COMMUNICATION ADDRESSED TO DR. PARCHEN from Richard D. Asay was read, requesting the use of Bird Yield for the Little League, and listed a number of improvements desired on said field. COUNCILMAN HART, with the approval of Councilman Fessman, amended their motion by adding this matter also be referred to the City Attorney for a legal opinion as to whether we can use park prop- erty for that purpose. Carried, all the Council present voting aye. 12/1/59 182 HEARING ON ASSESSMENT, HIGHLAND AVENUE FROM 4th STREET TO 8th STREET, was held at this time. PROTEST FROM ELIZABETH WALLER CARTER was read, protesting the cost of the assessment. COMMUNICATION FROM T. W. LARK was read protesting the fact the contractor did not locate the drive- way on his property as shown in the plans for the work. T. W. LARK was present and stated he would be glad to answer any questions any- one might wish to ask in regard to his protest. CITY ENGINEER LILL stated the protest received from Mr. Lark represents less than two percent of the frontage involved; the protest from Mrs. Carter repre- sents less than four percent of the frontage involved. Mr. Lill stated the contractor has indicated his willingness to correct the driveway of Mr. Lark's property to the satisfaction of the City Engi- neer, and they will do all they can to satisfy the property owner.. COMMUNICATION FROM R. E. HAZARD CONTRACTING COMPANY addressed to the City Engineer, was read, stating it has been called to their atten- tion that in completing the improvements they installed a driveway in the wrong location at 616 Highland Avenue, and they agree to widen said driveway to the satisfaction of the property owner and the City Engineer. Moved by Hollingsworth, seconded by Fessman, the hearing be closed, and the objections be overruled, and referred to the Attor- ney for the necessary resolution. Carried, all the Council present voting aye. HEARING ON PROPOSED ZONING ORDINANCE was held at this time. CITY CLERK ALSTON reported she received no written protests. COMMUNICATION FROM R. F. AND ANNETTA RICHARDS, 1411 E. 16th Street, was read pro- testing the zoning change from zone 1 to zone 4. PETITION FROM PROP- ERTY OWNERS was read, asking the Council to keep the Bonamo & Graham Subdivision No. 2 as R-1 zoning. instead of changing it to R-4, as proposed under the new ordinance. CITY MANAGER BIRD stated there was a petition previously presented signed by Mr. Braudaway and three other property owners on Palm Avenue 375 feet North from the present C-2 zoning and which was referred to the City Planner. CITY MANAGER BIRD stated the above are all the written protests he has received regarding the proposed zoning ordinance. MRS. N. G. LUNDGREN, 944 Paradise Drive, was present and asked how this change from an agri- eulteral district to R-2 zoning will affect their agriculture project. CITY ATTORNEY CURRAN stated it is his understanding, at the present time the use of the parcel is for growing purposes and which under the ordinance as it is drafted would not affect them, but suggested it be referred to the City Planner. CITY PLANNER STOCKMAN stated there are no changes that would be effective, non conforming usage would be permitted to continue, the only thing they would be 1 2/1 /59 183 restricted to would be buying additional property outside the origi- nal tract and using it for this purpose; the original site can be continued for agrioulteral use. MRS. LUNDGREN asked if they could build additional greenhouses on their property. CITY PLANNER STOCK- MAN stated they can expa.Yd their operation en the existing land. MRS. LUNDGREN asked if this change in zoning would affect their taxes. MAYOR HODGE stated the County Assessor would be the person who could give the answer. MARTHA SMITH, 910 "N" Avenue, was present and stated they have contacted the County Assessor and he stated the rezoning itself does not affect an increase in taxation but after the land is used under the new zoning it would cause an increase in taxes. REPORT FROM PLANNING COMMISSION was read relative to the petition re- ceived from property owners on the West side of Palm Avenue North 375 feet from the present C-2 zoning, requested the property be zoned 0-2 on the new proposed zoning map instead of the proposed R-4. It was the opinion of the Commission, after considerable discussion and consideration, the area should remain R-4 as shown on the map. Moved by Hart, seconded by Pessman, the hearing be closed and the ordinance read. Carried, all the Council present voting aye, ATTORNEY CURRAN stated due to the fact all the Council members and anybody else that was interested had the entire ordinance available for study, it would be possible to dispense with the entire reading of the ordinance, and under those circumstances it would be so possible if the Council sim- ply wanted to read the title in lieu of the entire ordinance. Moved by Hart, seconded by Hollingsworth, the title only of the ordinance be read. Carried, all the Council present voting aye. ORDINANCE NO. , "AN ORDINANCE REPEALING ORDINANCE NO. 750 AND ESTABLISHING A NEW ZONING ORDINANCE IN THE CITY OF NATIONAL CITY," was presented for the first reading. BILLS AUDITED BY TIE FINANCE COMMITTEE presented: General Fund $21,144.35 Traffic Safety Fund 3,162.15 Park Fund 168.51 Trust & Agency Fund 324.43 Special Street Fund 24,930.76 Drainage Fund 10,268.83 Park Construction Fund 560.20 Payroll Fund 44,198.81 TOTAL $104,758.04 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: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. 12/1/59 184 RESOLUTION NO. 7646 was read, authorizing the payment of $34,500.00 to Gamewell Company for Pire Alarm System; $2,309.27 to MoCable Powers Body Company, for Body for Engineer's Truck, from the Capital Outlay Fund. Moved by Hollingsworth, seconded by leasmsn, the Reaclution be adopted. Carried, by the following vote to -wits Area: Peeeman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. PROPOSED SALE OP CITY OWNED PROPERTY was presented. REPORT FROM CITY ENGINEER LILL was read regarding the property. The property is en- tirely below elevation 4-mean sea level datum, contains the channel of Paradise Creek and is entirely within the flood area of Paradise Creek and is also subject to innundation by tidewater. Any develop- ment of this area at this time would tend to create an additional flood hazard to National Avenue property between 15th Street and 19th Street. It was recommended that adequate reservations and easements be retained by the City for drainage purposes. Such reservations and easements should prohibit any filling of the property, prohibit any change in the existing channel, provide a drainage easement over the entire property, and provide a "hold harmless" provision in favor of the City. The description of the property to be sold is as follows: Lots 15,16,17,18,19,20,21 and 22, Block 47, and the southerly half of vacated 17th Street and the westerly half of vacated Roosevelt Avenue adjoining; and the easterly h alf of vacated alley adjoining, if closing proveedings are complete in time. Moved by Fessman, se- conded by Hollingsworth, the matter of the property be withheld and not presented as surplus property. Carried, all the Council present voting aye. MAYOR HODGE declared a recess. The meeting was called to order by Mayor Hodge. Council members pre- sent: Pessman, Hart, Hollingsworth, Hodge. Council members absent: Allen. COMMUNICATION PROM P. L. WHITTINGTON & ASSOCIATES wag read, request- ing the City to close the Northerly portion of Paradise Avenue, from 660 feet to 1320 feet, East of Rachael Avenue. Said portion of the street lies directly North of Shirley Manor, and Southerly of their new Ramm Subdivision No. 1, which is the Southerly half of Lots 15 and 16 of Pritchard's Paradise villa. Permission was also requested thoy be authorized to place fill dirt on said portion of land, and no fill dirt nearer than 2 feet to center line of Paradise Avenue. CITY MANAGER BIRD stated the South half of this street is closed. Moved by Hart, seconded by Pessman, the street be closed, as request- ed, providing there is no engineering or legal objections. Carried, 12/1/59 185 all the Council present voting aye. Moved by Fessman, seconded by Hart, permission be granted to place fill dirt on the North 30 feet of Paradise Drive not closer than 2 feet from the center line of the street. FRANK WHITTINGTON was present and stated if they do place fill dirt on the land it will be compacted. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, an ordinance be prepared for the closing of the street. Carried, all the Council present voting aye. VERNON FOGARTY was present and stated he owns the property adjoining the above mentioned property and would like to have a portion of that street closed also. Moved by Fessman, seconded by Hart, this request be referred to the Planning Commission. Carried, all the Council pre- sent voting aye. MAYOR HODGE asked Mr. Fogarty to write a letter stating his request and it will be referred to the Planning Commission. LETTER OF RESIGNATION FROM LOIS LARAMORE, Sr. Bookkeeping Machine Op- erator, effective January 7, 1960, was read. kermission was request- ed to be placed on the reserve list for this position, and was ap- proved by City Clerk. COMMUNICATION FROM CITY CLERK ALSTON was read, requesting that Elsie B. Thompson, part time Personnel Clerk and part time Clerk in the City Clerk's office be transferred to Sr. Bookkeep- ing Machine Operator on full time permanent basis, effective January 1, 1960; rate 18 Step "B" at $344.00 per month. CITY MANAGER BIRD recommended the transfer be made as setforth in Civil Service regula- tions and City Manager's Ordinance. Moved by Fessman, seconded by Hollingsworth, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. Moved by Fessman, Lois Laramore be placed on the reserve list for one year. Motion died for lack of a second, Moved by Hart, seconded by Fessman, this letter be referred to the Civil Service Commission for a recommendation regard- ing the request of Lois Laramore to be placed on the reserve list. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: Hollingsworth. 2TCTICE OF MEETING OF SMALL CRAFT HARBORS COMMISSION December 14th in San Pedro, was read. CITY MANAGER BIRD stated he has been asked to attend the meeting to- morrow morning of the Park and Recreation Advisory Board, and they have asked certain questions; one is regarding membership. Mr. Bird said he would like to have the Council clarify his thinking; it has been his understanding that a member of the Park and Recreation Ad- visory Board must be a resident of the City of National City. CITY MANAGER BIRD stated he is meeting with the Board for the purpose of 12/1/59 186 their reorganization and they have asked him for the answers to three legal questions; the first one being the legal requirement regarding residence in National City for Board members. MAYOR HODGE stated there is no legal requirement, and asked the City Attorney if that was correct. ATTORNEY CURRAN stated with reference to the Park and Recreation Advisory Board it is his understanding it is purely an informal arrangement created by past Councils, and he has never seen the documents that started the Board. CITY MANAGER BIRD stated the Advisory Board was created by ordinance; the ordinance was repealed, and then the Board was recreated by a motion of City Council, but at the time of its creation there was set up an organizational chart which was approved by the City Council and it makes no reference to residential requirements or requirements of Board members. Mr. Bird asked if it is mandatory under State law the Advisory Board hold open meetings, and if so, is it the desire of the Council to provide a meeting place for them; and do their meetings have to be advertised? ATTORNEY CURRAN stated he would like to examine the documents which created the commission before answering the questions. Moved by Hart, that any member of the Advisory Board must live in the City of National City. Motion died for lack of a second. Moved by Fessman, seconded by Hollingsworth, the matter be referred to the City Attor- ney for a report. CITY MANAGER BIRD stated the other matter is the lack of communication between the Board and the Council and they want the Council's advice how to overcome the situation. MAYOR HODGE stated he thought the City Manager could give the answer. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, submitting the following for the Council's consideration and approval. In the event an employee of the City holding a position in the Classified Service is appointed to a position in the Unclassified Service, and should thereafter be removed or resign therefrom, he shall revert to his former position in the Classified bervice without loss cf any rights or privileges and upon the same terms and conditions as if he had remained in said position continusouly. Moved by Hollingsworth, seconded by Hart, approving the recommendation of the Civil Service Commission, that everybody who is promoted to an Unclassified posi- tion, when they return to a former position, they would not lose their rating. Carried, all the Council present voting aye. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating it is their opinion that department heads should not be under Civil Service. This is in no way intended to affect the persons now serving in the capacity, but as the jobs are vacated, they feel the position should 12/1/59 187 be taken out of competitive service. COUNCILWOMAN HOLLINGSWORTH asked if the people in National City did not vote in Civil Service and those department heads were voted in at that time, and asked if the Civil Service Rules are so that this could be changed without vote of the people. CITY MANAGER BIRD stated he believed Mrs. Hollingsworth was correct, and a change of this manner of the Civil Service Ordinance would have to be changed by the people of National City. Moved by Pessman, seconded by Hart, this be referred to the City Attorney for a report as to what is necessary in that regard. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the pavement has been completed on Hard- ing Avenue from 13th Street to 2Oth Street, and on 20th Street from Harding Avenue to Wilson Avenue. RESOLUTION NO. 7647 was read, "RESOLUTION CONFIRMING ASSESSMENT (Highland Avenue from 4th Street to 8th Street)". Moved by Pessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Pessman, Hollingsworth, Hodge. Nays: Hart. Absent: Allen. Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:32 P.M. ATTEST: CITY CLERK 12/1/59