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HomeMy WebLinkAbout1959 12-08 CC MIN188 National City, California, December 8, 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, Biggs, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, followed with invocation by Judge Menard. Moved by Hart, seconded by Fessman, the minutes of the regular meet- ing of December 1st be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7648 was read, accepting a grant deed and an easement from Donald E. and Ruth Norman and Russell P. and Elizabeth M. Haas. Moved by Fessman, seconded by Hart, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Hollings- worth, Hodge. Nays: None. Absent: Allen. RESOLUTION NO. 7649 was read, "RESOLUTION CLOSING "A" AVENUE BETWEEN 15th and 16th SitzETS IN THE CITY OF NATIONAL CITY." Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Fessman. Absent: Alien. RESOLUTION NO. 7650 was read, accepting an easement and corporation grant deed from International Metals, Inc. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. ORDINANCE NO. "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE VARIOUS STREETS AND ALLEYS IN NATIONAL CITY," was presented for the first reading, and read in full. ORDINANCE NO. "AN ORDINANCE AMENDING NATIONAL CITY BUSINESS LICENSE ORDINANCE NO. 708," was presented for the first reading, and read in full. ORDINANCE NO ., " AN ORDINANCE REPEALING ORDINANCE N0. 750 AND ESTABLISHING A NEW ZONING ORDINANCE IN THE CITY OF NATIONAL CITY," was presented for the second and final reading. Moved by Fessman, seconded by Hart, the reading of the Ordinance be waived, and it be adopted by title only. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hart, the Ordinance to replace Ordi- nance No. 750 be adopted. COMMUNICATION FROM MRS. DAVID V. NORMAN was read, stating the petitioners of Graham and Bonamo Subdivision 12/8/59 189 No. 2 ask the Council to reconsider their petition for R-1 zoning. COMMUNICATION FROM MR. AND MRS. CHARLES HENSON, 1407 E. 16th Street, was read stating they do not wish to have the zoning changed from R-1 to R-4 on the land located north of 16th Street between Palm and Highland Avenue. LESLIE HESS, 1503 E. 1,5th Street, was present and stated he was the spokesman for the people living in Graham and Bona- mo Subdivision No. 2, and they would have no objections to the adop- tion of the ordinance if it would be possible to waive the costs of having the property changed back to an R-1 Zone. CITY MANAGER BIRD stated a change in the zoning law can be made either by motion of the Commission or by the City Council, or by a petition by the people'in- volved in any given area; therefore, he said he would assume, Council could on its own motion call for a change. MRS. RICHARDS, 1411 E. 16th Street, was present and stated she lived in back of the Graham and Bonamo Subdivision also her home is next to a vacant lot which could at any time be used as R-4. When they bought their property it was zoned R-1, and she feels if the Council passes this zoning ordinance they should notify the property owners and give them plenty of time to apply for an amendment, and that she did not feel they should have to pay the costs for the amendment to that particular ordinance. DAWSON SMITH, Manager of South Bay Plaza Shopping Center, was present and stated the people at the Shopping Center are for a change in the zoning, and think the R-4 change would be of a definite benefit, particularly from the employees standpoint; it would make it possible for more families to move into National City which would be of advantage to the City and to the taxpayers. L. J. EGGER, 43 "L" Avenue, was present and stated he talked to a number of people and he did not experience any negative thought in regard to the new proposed ordinance. We have only one way to go to expand in National City, and that is "up". DON NORMAN, Realtor and Developer in National City, was present and stated he feels the City is going to grow, we may re- tard it but cannot stop it, and the changing to R-4 zoning is a good thing. EDWARD D. BOLES, 216 Palm Avenue, was present and stated he thought this change to R-4 is a wonderful thing. MRS. ADELIA ROSING, 1224 E. 18th Street, was present and stated she thought the proposed ordinance is a good thing for National City, and at the time she was applying for a zone change she contacted a number of people and 98% of the families contacted favored the rezoning. MARTHA SMITH, 910 "N" Avenue, was present and stated she wished to point out that in the rezoning people who find themselves in an R-4 zone have all the privileges of R-1 zoning; off street parking is provided for, and there is "no getting around" the requirements; it has teeth in it this time. RUBEN RUBIO, 1729 Cleveland Avenue, was present and 12 /8/59 190 stated he thought everything in this ordinance is right, and he would urge the Council to pass it, also Hazel Stockman, City Planner, did a fine job on the Ordinance and is to be complimented. MRS. RICHARDS was present, stated all the people in the Graham and Bonamo Subdivi- sion and herself and neighbors are in favor building and having peos. ple living in National City, but they do not want every R-1 zoned area changed so that apartment houses can be built; they want to keep their particular homes R-1. MRS. ABELIA ROSING also complimented Mrs. Stockman on the fine job she has done. Carried, by the following vote to -wits Ayes: Pessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. ORDINANCE NO. 962, "AN ORDINANCE REPEALING ORDINANCE N0. 750 AND ESTABLISHING A NEW ZONING ORDINANCE IN THE CITY OF NATIONAL CITY." Moved by Fessman, seconded by Hart, the Ordinance, the title of which has just been read, be adopted. Carried, by the following vote to -wits Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. Moved by Pessman, seconded by Hart, that reconsideration of an amend- ment to the ordinance just adopted be referred to the Planning Com- mission for their recommendation. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the recommendation of the Civil Service Commission that department heads should not be under Civil Service, he finds the Civil Service Ordinance which was adopted by the City Council specifically was adopted With reference t0 auth. ority granted by the Legislature and the Act of the Legislature pro- vides that persons placed under Civil Service cannot be removed there- from without the vote of the people. This means that the recommenda- tion of the Civil Service Commission is not in conformance with law and cannot be adopted. ATTORNEY CURRE;N stated in regard to the request he recommend as to possible adoption of ordinances regarding the giving away of young fowl as prizes and also the regulation of the keeping and maintaining within National City of rats; the communications from the Health Offi- cer have been examined and in the event the Council desires ordinances on these matters be adopted, the recommendation of the City Attorney is our existing ordinance which regulated the keeping of animals in National City be amended to prohibit entirely the keeping of either rats or skunks in National City, and the giving away as prizes of young fowl be prohibited. Moved by Hollingsworth, seconded by Hart, the City Attorney prepare such an ordinance. Carried, by the 12/8/59 191 following vote to -wit: Ayes: Fessman, Hart, Hollingsworth. Nays: Hodge. Absent: Allen. ATTORNEY CURRAN stated with reference to the questions raised in re- gard to the National City Park and Recreation Advisory Board proved to be very interesting. The situation is definitely in need of clar- ification. At the present time it is highly questionable as to what, if any, City function is authorized to be performed by this Board. There is a constitution which provides certain rules and regulations, there also are bylaws which were adopted by this organization and which were submitted to the City Council for approval but were not approved. It appears if the City Council desires to have such a Board, steps should be taken to properly provide for its existence and duties. The constitution of this Board specifically provides the member should be a resident of National City; however at the time the constitution was submitted to the City Council for approval the then City Attorney made the point the City Council was not bound by the constitution. The Council should determine whether or not they want to have such a Board, and if it does they should authorize the proper steps betaken so we have a legally constituted body. CITY MANAGER BIRD stated he met with the Advisory Board appointed by this Council, and they are a very interested group. They recognize the problems of National City and are willing and able to devote their time and services as an Advisory group to the City Council under which they believe were operating. On that basis they met and they have formu- lated a new set of bylaws and rules of order. Mr. Bird said he had a communication from the Park and Recreation Advisory Board to which was attached a copy of their bylaws and it deviates from the present existing document; it is merely a set of rules by which they govern themselves. CITY MANAGER BIRD read the articles of both the bylaws and constitution. Article III stated the Executive Board shall be comprised of the Park and Recreation Supt., Recreation Director, Chairman of the Advisory Board, and Secretary of the Advisory Board. CITY MANAGER BIRD stated he thinks this Board is something which the Council needs as an advisory group. COUNCILWOMAN HOLLINGSWORTH stated she thought the Supt. of Park and Recreation and Recreation Director should be classified as ex-officio members of this Board. Moved by Hart, seconded by Fessman, this be referred back to the City Manager and City Attorney. Carried, all the Council present voting aye. ATTORNEY CURB T stated with reference to Application No. 41117 of the California Water and Telephone Company which is before the Public Utilities Commission; the brief which National City filed in this matter took the position that as far as the contracts which the 12/8/59 192 California Water and Telephone Company was asking the Public Utili- ties Commission to approve pertained to matters which were extensions within the City of National City; the refusal of the California Water and Telephone Company to make the extensions pursuant to its rules on file with the Public Utilities Commission was illegal, and there- fore the contracts which the Company made with the subdividers as to installations in National City likewise were illegal and void, and it would be impossible for the Public Utilities Commission to approve contracts which from the very beginning were illegal and void. The brief which was submitted to the Commission by the Attorney for the staff of the Commission did not separate the contracts as to whether they were in National City or in the South Bay Irrigation District but made a broader attack upon the request of the California Water and Telephone Company for approval. The staff brief contended the California Water and Telephone Company had knowingly violated the General Order 96 of the Public Utilities Commission, and it should not now be able to complain of any consequences that would flow from the unlawfulaet, and the Public Utilities Commission should not ap- prove the unlawful conduct of the California Water and Telephone Com- pany. As a result of the points which were made in these briefs and also from points made in the briefs of the South Bay Irrigation Dis- trict and the City of Chula Vista, the California Water and Telephone Company directed a communication to the Public Utilities Commission requesting an opportunity to reply. They stated they particularly wanted to reply to the contention of the staff that the Company had acted in bad faith and in defiance of the Commission's authority in entering into the agreements. The Commission immediately acted upon this request of the California Water and Telephone Company and has given company to, and including January 15, 1960, in which to submit additional briefs in this matter, and any other parties to the pro- ceedings on or before January 29th will have an opportunity to res- pond to the additional briefs. WILL PRATT, 2? W. Third Street, was present and stated he has prop- erty at 10th and Roosevelt, and in regard to the new paving he would like the Council to consider having the street as wide now as they intend to,have 10th Street between National Avenue and Highland Ave- nue, instead waiting a few years and then have to relocate the curbs, etc. Moved by Fessman, seconded by Hart, the matter Mr. Pratt has referred to be referred to the City Manager and City Engineer for consideration and a report. Carried, all the Council present voting aye. 12/8/59 193 MARTHA SMITH, 910 "N" Avenue, was present and stated she wished to express her thanks to Hazel Stockman and all the members of the Plan- ning Commission and the City Council for the work done with regard to the zoning ordinance, COUNCILMAN FESSMAN stated some months ago we leased some tidelands property to the Mueller Truck Company on Tidelands Avenue and as yet they have not improved the property or moved onto it; however they have, and are, parking some of their semi -trailers on Tidelands Ave- nue. These trailers are no doubt parked over night unattended and the trucks are not connected to them and they are a hazard; the City has a liability if someone should hit them if they are parked ille- gally. Mr. Fessman said he thought we should have an ordinance to take care of the parking of semi -trailers. Moved by Feseman, secon- ded by Hart, the City Attorney be authorized to prepare an amendment to the appropriate ordinance to prohibit semi -trailers being parked on City streets unless they are connected to and operable with the trucks. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he received a claim against the City in re- gard to sewer damage which occurred at 1644 Lanoitan Avenue in the amount of $1,947.43, and recommended it be referred to the City At- torney. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present vot- ing aye. NOTICE FROM INDUSTRIAL ACCIDENT COMMISSION as to the settling of a claim in the amount of $1,500.00 to Robert H. Nichols, a City em- ployee, was presented PETITION FROM PROPERTY OWNERS requesting installation of street lights from "N" Avenue to Palm Avenue on 15th Street; "N" Avenue to Palm Avenue on 16th Street, was read. CITY MANAGER BIRD stated he has re- quested the San Diego Gas and Electric Company to give him a survey for guidance and cost figures. APPLICATION FOR NEW OFF SALE BEER & WINE BEVERAGE LICENSE by Robert B. and Hazel M. Krtek, dba Bob's Market, 2415 E. 18th Street, was presented. REPORT FROM CHIEF OF POLICE SMITH was read stating inves- tigation reveals no grounds for protest of this application. Moved by Hart, seconded by Fessman, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE BEER & WINE BEVERAGE LICENSE by Jimmie Hom, dba Jim's Market, 24 E. 24th Street, was presented. REPORT FROM CHIEF OF POLICE SMITH stated investigation reveals no grounds for protest. Moved by Hollingsworth, seconded by Hart, the application be filed. Carried, all the Council present voting aye. 12/8/59 194 APPLICATION FOR RENEWAL OF ON SALE BEER BEVERAGE LICENSE by William Reynolds, dba Roller Derby Room, 3184 National Avenue, was presented. REPORT FROM POLICE CHIEF SMITH stated investigation reveals no grounds for protest. Moved by Hart, seconded by Fessman, the application be filed. Carried, all. the Council present voting aye. APPLICATION FOR NEW ON SALE BEER BEVERAGE LICENSE by Thomas E. Groesehel, dba The Corral Cafe, 21 W. 8th Street, was presented. REPORT PROM POLICE CHIEF SMITH stated investigation reveals no grounds for protest. Moved by Hart, seconded by Hollingsworth, the applica- tion be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had a deed signed by Beatrice,L. Yahnke and recommended it be referred to the City Attorney. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be ap- proved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he received a notice from State Compensation Insurance Fund of a refund to the City of $103.89. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY of meeting of Water Prob- lems Committee, December 10th at 3:30 P.M. and of the Finance and Insurance Committee at 4:30 P.M., was read, and ordered filed. CITY MANAGER BIRD stated he has a drainage easement across property located on the north side of 18th Street in Lots 13 and 14, Block 47, City Plat, signed by Meta C. and M. C. Paterson, and recommended it be referred to the City Attorney for preparation of a resolution of acceptance. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported 16th Street has been striped and double lined, as recommended by the Traffic Safety Committee; also the signs will be completed today in the change over from one hour to two hour parking, as recommended by the Traffic Safety Committee, and approved by Council. REPORT FROM SUPT. PARKS & RECREATION GAUTEREAUX was read regarding the use of City parks and recreational facilities by Little League Organ- izations, Attached to the report was a copy of the Rules and Regula- tions, which set forth all the methods of operation. COUNCILMAN HART said he would like to see a copy of this letter sent to Dr. Parchen. CITY MANAGER BIRD reported he has the policy of our comprehensive liability insurance for renewal, which has been approved by the City Attorney. . he premium has been raised $2,000.00. It was the recom- mendation of the City Manager this renewal be accepted. Moved by 12/8/59 195 Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM CHIEF OF POLICE SMITH dated November 18th, ad- dressed to the City Mgr. was read stating he has decided to retire from his position as Chief of Police as of January 16, 1960. It was requested he be allowed to take his annual leave for the year 1960 starting January 2nd. Another communication from Chief Smith was read, requesting he be allowed to take his annual leave commencing on January 2nd and during his absence, if it meets with the City Manager's approval, Captain John E. Owen will be in command of the Police Department as Acting Chief of Police. COMMUNICATION FROM CHIEF SMITH dated December 3rd, addressed to the City Manager, was read, stating pursuant to his letter of November 18th concerning his decision to retire, he is taking the liberty to request the City Council and City Manager to give serious consideration to the selec- tion of one of the numerous staff members of the Department who are, in his opinion, well trained and fully qualified to fill the position. Chief Smith stated he is deeply grateful to the City Council and the City Manager for the excellent cooperation he has received during his tenure of office. CITY MANAGER BIRD recommended Chief Smith be ex- tended his vacation beginning January 2nd and terminating January 15th; that his resignation be accepted with regret as of January 16, 1960. Moved by Hart, seconded by Fessman, the recon•,mc:idation of the City Manager be approved, and include in the letter to Chief Smith thanking him for his ability as Chief of National City. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended Captain John E. Owen be appointed Acting Chief of Police effective January 2, 1960. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Allen. CITY MANAGER BIRD stated we should request, if Council so desires, as setforth by the Civil Service rules and regulations, for the Civil Service Commission to hold a promotional examination. There are eight members of the Police Department in the high bracket, from Sergeant up, who qualify under the present Civil Service rules and classifi- cation. If there is not anyone who can successfully pass the exami- nation held by the Civil Service Commission then he would recommend ..we advertise outside for an open examination, as required by the Civil Service rules. Mr. Bird stated if the successful applicant within our own rank does not satisfactorily fill the job then, and only then, does he believe it is time to go on the outside. Moved 12/8/59 196 by Hart, seconded by Pessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION PROM SEACOAST SAVINGS & LOAN ASSOCIATION in Del Mar was read, inquiring if the Michigan Surety Company of Lansing, Mich. is an acceptable bonding company for improvement bonds for National City. CITY CLERK ALSTON recommended the communication be referred to the City Attorney. Moved by Peseman, seconded by Hart, the 12,�43mmenda- tion of the City Clerk be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the pavement has been constructed on Raohael between 6th Street and 8th Street. CITY ENGINEER LILL stated a petition has been received for the im- provement of 17th Street from Hoover Avenue to the San Diego and Arizona Eastern Railroad, and Coolidge Avenue from 13th Street to 18th Street. The petition was signed by persons interested in more than 65% of the frontage of the property concerned, and recommended the petitioned improvements be authorized. Moved by Pessman, secon- ded by Hollingsworth, the City Engineer's recommendation be approved. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH stated she would like to ascertain Coun- cilman Allen's condition. COUNCILMAN HART stated Mrs. Allen thinks Councilman Allen will be home from the hospital on Friday of this week. Moved by Pessman, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:20 P.M. ATTEST: CITY CLERK MAYOR, CITY OP( 1SATIONAL CITY CALIFORNIA 12/8/59