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HomeMy WebLinkAbout1959 04-21 CC MIN366 National City, California, April 21, 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, Hart, Hollingsworth, Hodge. Council members absent: Fessman. 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. Erny. Moved by Hart, seconded by Allen, the minutes of the regular meeting of April 14, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7467 was read, granting a special zone variance per- mit to John J. Gregory and W. Myron West for the purpose of con- structing a six unit, two story structure in an R-2, two family .residence district. Moved by Hart, seconded by Allen, the Resolu- tion be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Hollingsworth. Absent: Fessman. RESOLUTION NO. 7468 was read, accepting an easement from Vincent and Gwendolyn DeLucia. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: Hart. Absent: Fessmans' RESOLUTION NO. 7469 was read, granting a special zone variance per- mit to James P. Jenkins for the purpose of using the rear 75 feet located in an R-2, two family residence district in conjunction with the adjoining front 125 feet located in an R-4 multiple resi- dence district for the construction of ten residential units. Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hol- lingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO. 7470 was read, accepting a Grant Deed from Joseph A. -and Dora La France; Easement from Joseph R. and Dora La France; Deed of Dedication from National School District. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the fol- 1 wing vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. .ys: None. Absent: Fessman. J±.DL.ANCE NO. ,"ORDINANCE REZONING CERTAIN PROPERTY ON SOUT;.{ 43RD STREET," was presented for the first reading, and read in full. ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 943 OF NATIONAL CITY PERTAINING TO IRLIALED FOOD VEHICLES," was 4/21/59 367 presented for the first reading, and read in full. ATTORNEY CURRAN stated the Attorney for Mueller Truck Company has requested Paragraph Four of the lease of a certain portion of the tidelands be amended prior to the execution of that lease by Mueller Truck Company; the provision would spell out in more detail the authority to use the property for a freight terminal. It was the City Attorney's recommendation a resolution be passed authori- zing the amendment of this fourth paragraph to the lease. Moved by Hart, seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the California Water & Telephone Company has requested a change in the form of license which was granted to it on April 7th to install water mains in a portion of the tide- lands; this would make the license irrevocable for a period of twenty-five years. Under the circumstances there does not appear to be any objection to the change in form, and it was the recom- mendation of the City Attorney a resolution be adopted authorizing the change in the license. Moved by Hollingsworth, seconded by Hart, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting there was referred to him a notice of claim for damages to property signed by Vincent DeLucia, and since that time an action has been instituted in the South Bay Municipal Court and service of process has been made upon the City. Mr. Curran said he has received copies of the claim and will fur- nish copies to the Insurance Carrier, and requested authority to appear in behalf of the City in the action. Moved by Allen, se- conded by Hollingsworth, authority be given the City Attorney to appear on behalf of the City. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the proposed freeway agreement has been ex- amined by him, also when he was in Sacramento last week he dis- cussed it with the Attorneys for the Contract and Right of Way Division of the Highway Department. One of the points that had been raised was whether or not the State would be responsible for the removing of sewers in the event it became necessary to relocate any of the sewers and it was agreed by the Attorneys for the Division of Highways it is clear that the obligation is imposed upon the State to pay for the cost of relocation of the sewers, should that be necessary. Another point which was raised by the City Engineer was to what extent the City would have any control of the repair, 4/21/59 368 if necessary, on any portions of the City streets which were af- fected by the agreement and which would be turned over to the City upon completion of the freeway. The contract is made with refer- ence to plans; these plans consist of one sheet, a diagram, and there are no specifications with that spelled out. This is a tech- nical point in the field of engineering rather than in the field of law. CITY ENGINEER LILL stated he knows the State engineering is good, but curbs, driveways, alignments and things of that nature vitally affect the City that has to operate such installation after the State Highway construction has moved on, and he wondered if the City has any control of say about these installations. J. D 1 MA, District Engineer, State Division of Highways, was present and stated all street construction will be according to standard specifications, and it is their policy in all construction of City streets to consult with the City's staff and find out what their plans are. They do consult with the local City officials. CITY ENGINEER LILL stated Mr. Dekema's statement satisfies him. Moved by Allen, seconded by Hart, we accept the recommendations of the State in regard to the freeway as presented to us, and enter into an agreement with them; and a resolution be prepared. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to him a letter from the State Water Pollution Control Board dated April 8th with reference to a study which has been made and a report which has been sub- mitted on current measurement in estuarine and coastal waters. This subject is of great interest to this community at the present time because of the proposed plans for a new sewage system off Point Loma. The letter stated the City can receive a complimentary reference copy of the report if we so request, and it is his re- commendation the letter be filed and the City Manager request a copy of the report. Moved by Hart, seconded by Hollingsworth, the letter be filed, and the City Manager request a copy of the report. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Deed of Trust which has been executed by National City Development Company, A Joint Venture Composed of ::acco Corporation and other corporations as trustor, and which has been recorded in San Diego County records, has been examined and recommended it be given a document number and filed. Moved by Allen, seconded by Hart, the City Attorney's recommendation be ap- proved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated examination of the file of the "C" Avenue 1911 project shows the provisions of the 1911 Act have not been 4/21/59 369 complied with in reference to the publication of the Notice to Bidders. Mr. Curran stated he discussed this matter with the Attorney for the low bidder, R. E. Hazard Contracting Company, and he requested the award be rescinded and the City republish the in- vitation for bids on this project. It was the City Attorney's re- commendation a resolution to accomplish this purpose be adopted. Moved by Allen, seconded by Hart, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated while in Sacramento last week he appeared before the Education Committee of the Assembly at the request of the Library Board of Trustees in opposition to AB 1985. This meas- ure is a very controversial one in the State at the present time. The Education Committee took the position that it was simply a matter of policy for them, they therefore moved the bill out of their committee with a due pass with a vote of 9 to 4. The bill :iow goes to the Ways and Means Committee of the Assembly and it is <.nticipated it will encounter much more difficulty there inasmuch as part of the testimony at the hearing before the Education Com- mittee indicated it would take a three million dollar appropriation in order to put this legislation into effect. Our own Assemblyman, Sheridan Hegland, was one of the four who voted against the bill, he has announced he is against it in principle and he anticipates it will encounter considerable more difficulty in the Ways and Means Committee. ATTORNEY CURRAN stated the communication from Seaboard Surety Com- pany with reference to the bond filed by Teyssier & Teyssier has been examined. The company requests confirmation that the Reid's Plumbing matter has been settled; and it was the City Attorney's recommendation the City Clerk be authorized to give that company the confirmation they request. Moved by Hart, seconded by Allen, the recommendation of the City Attorney be followed. Carried, all the Council present voting aye. 3ILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $18,514.14 Traffic Safety Fund 4,543.41 Park Fund 711.45 Harbor Fund 13.86 Trust & Agency Fund 318,39 Drainage Fund 20,000.00 Payroll Fund 41,001.41 TOTAL . . . . . . .$85,102.66 T`ioved by Hollingsworth, seconded by Hart, the bills be approved for payment,and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, cart, Hollingsworth, Hodge. Nays: Tone. Absent: Pessman. 4/21 /5 9 370 RESOLUTION NO. 7471 was read, authorizing and approving the follow- ing expenditures from the Capital Outlay Fund: HAROLD GIMENO, $4,859.83, final payment of engineering fee on pool; SAN DIEGO PIPE SUPPLY, $588.50, for Las Palmas Park. Moved by Hollingsworth, se- conded by Hart, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Pone. Absent: Fessman. COMMUNICATION FROM COUNTY DEPARTMENT OF PUBLIC HEALTH in regard to air pollution control,was read. COUNCILWOMAN HOLLINGSWORTH stated she felt our zoning laws take care of the condition and she did not think we should enter into it. Moved by Hart, seconded by Hollings- worth, the letter be filed. Carried, all the Council present vot- ing aye. REPORT OF CITY TREASURER for month of March, 1959, was presented. Moved by Hollingsworth, seconded by Hart, the report be filed. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY was read re- garding tentative map of Beth's Wedding Subdivision, stating water service will be available upon demand to all lots shown on the sub- ject map. Moved by Allen, seconded by Hart, the communication be filed.Carried, all the Council present voting aye. CITY CLERK ALSTON presented the affidavit of posting notice of award of contract for improvement of "C" Avenue between 15th and 16th Street. Moved by Allen, seconded by Hart, the affidavit be filed. Carried, all the Council present voting aye. COMMUNICATION FROM JAMES T. FERGUSON wa.s read, requesting that ap- plication for zone variance No. 651 be referred back to the Plan- ning Commission so he can submit revised plans to comply with the requests of the Planning Commission. Moved by Allen, seconded by Hart, the request be granted. Carried, all the Council present voting aye. PETITION for closure of 10 feet of the right of way on each side of "F" Avenue and return of this land to adjacent property owners, was presented. CITY CLERK ALSTON recommended it be referred to the Planning Commission. Moved by Allen, seconded by Hart, the recom- mendation of the City Clerk be approved. Carried, all the Council present voting aye. NOTICE OF CONFERENCES ON PRACTICAL CONCRETE PROBLEMS was read, stating the conference will be on Wednesday, April 29th, 7:30 P.M., Auditorium, Institute of Aeronautical Sciences, 3380 North Harbor 4/21 /5 9 371 Drive, San Diego. Moved by Hollingsworth, seconded by Allen, the notice be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported Johnson -Western Construction Company =as started work on the Paradise Creek Drainage Project. San Diego Gas & Electric Company's dredging operation in the Bay is ready to start, possibly today. 01:TY MANAGER BIRD stated by previous action of the City Council, Resolution No. 7429 granted special zone variance to South Bay Properties, Inc. This variance had its proper hearings and the City Council, following the recommendations of the Planning Com- mission set forth a number of restrictions, all of which are proper, and all of which will be met. However, No. 7 of the Resolution stated: "South Bay Properties, Inc. at its sole cost and expense shall improve the right of way so dedicated in accordance with .National City specifications. Such work shall be approved by the pity Engineer prior to the time that any permission to occupy any structure erected on the property is given." This particular con- dition refers to the property which has been dedicated, what is known as the easterly portion of "E" Avenue abutting the property of the proposed site of the commercial development in the area. The people who propose to build and put in the improvement have taken difference to the inclusion of this restriction in the Reso- lution; not for the purpose of putting in the construction or ad- hering to the request as put forth by the Planning Commission, but because of tax difficulties or tax potentials at the Federal Government level. They have asked that a resolution deleting Sec- tion 7 be favorably considered, and in lieu thereof they agree to execute a performance bond in favor of the City of National City, and in behalf of Earl Garrett and Guy Wilson, Jr. to indemnify the City against the failure of Montgomery Ward to improve the street within one year's time. It was the City Manager's recom- mendation a resolution amending Resolution 7429 be given favorable consideration, and the Glen Falls Insurance Company supply us with a performance bond in the amount of $10,000.00 to take care of the curbing and paving of that section of the street which they dedica - ed to us. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote to -wit Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. REPORT OF HEARING OFFICERS, CITY MANAGER BIRD, AND CITY ENGI,a LILL, for Improvement of Highland Avenue from 4th Street to 8th Street, was read. A hearing was held April 14th and one property owner had a written protest and protested orally the cost of work 4/21/59 372 and method of assessment. The protest was from a person having an interest in less than five percent of the total area and total frontage of the property proposed to be assessed. It was recom- mended the protest received be overruled and the project proceed ;der the 1911 Act Improvement procedure. Moved by Hollingsworth, .seconded by Hodge, we accept the report from the City Manager and !malty Engineer, and the protest be overruled, and referred to the C:ty Attorney for the proper resolution. Motion lost, by the fol- lowing vote to -wit: Ayes: Hollingsworth, Hodge. Nays: Allen, Hart. Absent: Fessman. RESIGNATION OF LOIS H. MCMILLAN, Cashier of Olivewood Housing, affective July 6, 1959, was read. Moved by Allen, seconded by Hart, the resignation be accepted. Carried, all the Council present vot- ing aye. ".ITY MANAGER BIRD stated he had a bulletin from the League of Cali- Tornia Cities and before reading it said he would like to report �1at pursuant to Council action he has protested these bills to cur AssemblymRn, also all other bills present in the hopper in legislative committees, requesting him to consider the objection . to all bills which tend to deprive local economy of which they were duly elected and constituted to carry out. BULLETIN was read rela- tive to Collective Bargaining, AB 602; and Carnivals and Circuses regarding State regulation, local licensing and regulation prohib- ited; these three measures are Assembly Bills 2102, 2103 and 2104. SB 1023 would authorize counties, cities and districts to impose an annual tax (license or privilege tax) on publicly owned gas or electric utilities. CITY MANAGER BIRD stated it is his recommenda- tion the City Clerk be authorized to telegraph opposition to AB 602 on Collective Bargaining as this comes up for a hearing tomor- row. Moved by Hart, seconded by Allen, the City Manager's recom- mendation be approved. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH stated AB 1351 concerne local partisan elections, which she thought should be opposed; and AB 2181, Brown Act to be extended to all committees who are appointed by the City Council, and is opposed to this bill also. Moved by ';ollingsworth, seconded by Hart, the Council go on record as being opposed to AB 1351 and AB 2181. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked the City Manager if he meant the City Clerk should send telegrams to each of our representatives. CITY MANAGER BIRD said he referred to both Mr. Hegland and Mr. Schrade. 4/21/59 373 CITY MANAGER BIRD requested authorization to employ a clerk- steno- grapher for the Planning Department, effective immediately. Moved air Hart, seconded by Hollingsworth, the request be granted. Car- -:aed, by the following vote to -wits Ayes: Allen, Hart, Hollings 'urth, Hodge. Nays: None. Absent: Fessman. :'aPORT FROM THE PLANNING COMMISSION dated April 13th was read rela- t.,ve to the tentative subdivision map of National Award Homes Sub- ri_vision, being a proposed 365 lot subdivision of the property re- cently sold by the City located between Division and Fourth Streets, cast of El Toyan Park. The Planning Commission recommended appro- Tral of the tentative map subject to ce: stain requirements as set forth in their report. The subdivider is to prepare a new draft of the map for approval by the City Engineer prior to submission to the City Council. A new draft of the tentative subdivision map was -?.resented to the City Engineer on this date, April 21st. The City 'i:gineer advised that the map generally meets with all the require- ;nants stipulated by the Planning Commission. Due to the new align- ment of Clairmont Avenue, Lot No. 70 is omitted at this time but will be included in the final map; also the number of lots as of the tentative map of this date will be 360. Moved by Hart, second- ed by Allen, the tentative subdivision map be approved in accord- ance with the recommendations of the Planning Commission. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMIlMISSION was read in regard to Applica- tion for Conditional Exception No. 647 signed by Mrs. Edith I. Williams relative to property located at 1315 "0" Avenue. Peti- tioner is requesting permission to construct an additional single family residence on a parcel of ground containing 8,300 square feet located in an R-1, Single Family Residence District; also variance in rear yard setback. The Commission recommended the exception be granted subject to off street parking being improved and all provisions of the plot plan on file with the Planning Department being provided for. Moved by Hart, seconded by Allen, the recom- mendation of the Planning Commission be approved, and referred to the City Attorney for preparation of a resolution. Carried, all he Council present voting aye. COUNCILMAN ALLEN stated he would like the City Attorney to re -read the resolution in regard to the agreement between the County rela- tive to the 30th Street drainage. RESOLUTION NO. 7472 was read, authorizing the City Engineer to make application for permit to construct drainage structure in 4/21/59 374 portion of 30th Street within unincorporated territory and agree- ing to save harmless the County of San Diego, its officers and em- p;oyeese Moved by Hollingsworth, seconded by Allen, the Resolution Le adopted. Carried, by the following vote to -wit: Ayes; Allen, :ollingsworth, Hodge. Nays: Hart. Absent: Fessman. 1T.SOLUTION NO. 7473 was read, "RESOLUTION APPROVING CHANGE IN FORM OF LICENSE." The granting of a license to California Water and l'elephone Company is hereby ratified and reaffirmed. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by -L.he following vote to -wit; Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO. 7474 was read, "RESOLUTION AUTHORIZING AMENDMENT TO LEASE." (Mueller Truck Company). Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit; yes: Allen, Hart, Hollingsworth, Hodge. Nays: None. absent: r'essman. F JOLUTION NO. 7475 was read, "RESOLUTION AMENDING RESOLUTION NO. 7429." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit; Ayes: Allen, Hart, Hol- lingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO. 7476 was read, "RESOLUTION RESCINDING AWARD OF CONTRACT ("C" Avenue Between 15th Street and 16th Street)." Moved. by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO. 7477 was read, "RESOLUTION APPROVING FREEWAY AGREE- MENT." Moved by Allen, seconded by Hart, the Resolution be adopt - ad. Carried, by the following vote to -wit: Ayes: Allen, Hart, Jollingsworth, Hodge. Nays: None. Absent: Fessman. :'_SOLUTION NO. 7478 was read, "RESOLUTION ACCEPTING SUBDIVISION '!AP." (Final map of Beth's Wedding Subdivision). Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, dodge, Nays: None. Absent: Fessman. COUNCILWOMAN HOLLINGSWORTH stated there was an article in the Los Angeles Times today relative to the Library legislation, and mentioned the appearance of our Librarian, Mrs. Baeder, and City Attorney Curran in their fight against it; and from the article it appears there are a number of other cities opposing this ;,Poposed legislation, 4/21 /5 9 375 Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:57 P.M. / / ) -I , / MAYOR, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK 4/21/59