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HomeMy WebLinkAbout1959 05-05 CC MIN389 National City, California, May 5, 1959 Regular meeting of the City Counail'was called to orderby Mayor Hodge at 1:30 P.M.o'clock. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodgei Council Members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Park. Supt. Gautereaux. Moved by Hart, seconded by Fessman, the minutes of the regular meeting of April 28, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7489 was read, accepting a grant deed and easement from H. W. and Helen Leonhardy. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7490 was read, approving and accepting an Agreement for Public Health Services to be furnished between City of National City and County of San Diego, dated April 28, 1959, and the Mayor 10 authorized and directed to execute the same. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes Allen, Fessman, Hart, Hodgei Nays: Hollingsworth. RESOLUTION NO. 7491 was read, accepting an easement from Esther Rogers. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7492 was read, accepting an easement from Floyd V. and Imogene S. Green; easement from Wilco Development Co., sewer easement from Wilco Development Co. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting there was referred to aim the matter of amending Ordinance No. 750 to provide for home occupation use in residential zones; an ordinance for this purpose hal been prepared. It is manatory the Planning Commission hold hearings upon this proposed ordinance; therefore it is recommended the proposed ordinance which he has prepared be referred to the Planning Commission by the City Council for the purpose of fixing hearings. Moved by Hart, seconded by Allen, the recommendation of 5/5/59 390 the City Attorney be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Union Title Insurance Company has issued its Policy No. 661655; this insures an easement accepted by National City, and recommended the policy of title insurance be given a document number and filed. Moved by Allen, seconded by Hart, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated yesterday he spent the entire day in Court arguing matters of law in the litigation which National City has filed against the California Water & Telephone Company regarding the liability to pay the cost of the relocation of that Company's facilities in Highland Avenue. Since the time of the litigation, the Council has ordered we proceed with the improvement of Highland Avenue between 4th Street and 8th Street. After conferring with the City Engineer it now appears there will be relocation cost prob- lems on Highland Avenue between 4th Street and 8th Street, therefore, having been so advised the City Attorney will confer with the Attor- neys for the California Water & Telephone Company and see if we can- not put that portion of Highland Avenue at issue in this case in order to preclude the necessity of separate litigation to decide the same issue. The case has now been set for trial on June 10th. ATTORNEY CURRAN stated at the last meeting there was referred to him the matter of a street closing on "A" Avenue North of 20th Street, and upon examination of the file it is his opinion the exact location of this closing is uncertain on the record, and we have information submitted to the Council so they may find before preparation of the ordinance exactly how far North of 20th Street, or what point this closing is to be fixed at. It is the Attorney's recommendation the matter be returned to the Planning Commission for the purpose of determining that matter. Moved by Hollingsworth, seconded by Hart, the recommendation of the City Attorney be ap- proved. Carried, all the Council present voting aye. .ATTORNEY CURRAN reported he addressed a communication to the Assem- blyman for this district, Sheridan Hegland, requesting he submit to the legislature a bill which would premit General Law Cities to give a differential to local bidders; copies of the letter were sent to Senator Hugo Fisher and to Richard Carpenter, General Man- ager and General Counsel of the League of California Cities. Yes- terday was the last day such legislation could be submitted and it is not yet known whether or not this letter arrived in time for the 5/5/59 391 introduction of such a measure at this session of the legislature. ATTORNEY CURRAN stated the League of California Cities has addressed a communication to all City Attorneys calling attention to some bills which the League staff feels is of general interest; the first is AB 528 which in effect would provide that any fireman or police- man who was injured on the job would be provided absolutely with insurance in cases involving hernia, pneumonia and heart trouble, and not only in those eases where the firemen or policemen had de- rived the injury from in-service. The League staff feels this is not good legislation and it has urged the City Attorneys to oppose it. The communication also calls attention to the fact that AB 2374 would not appear to be in the best interest of the City. This bill would provide that any City which furnishes its inhabitants with water or other utilities could not increase any rates unless it gave not less than thirty nor more than sixty days prior notice. This proposed legislation would be of great interest to National City in the event our present plans for going ahead with the joint acquisition of the California Water & Telephone Company facilities together with the South Bay Irrigation District should materialize. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $19:945 81 Traffic Safety Fund 2j756.47 Park Fund 22369 Payroll Fund 4 i 24,6.2 TOTAL $66y150j59 Moved by Hollingsworth, seconded by Allen, the bills be approved for payment and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. COMMUNICATION FROM CHAMBER OF COMMERCE was read, asking the City Council to specifically designate the area between 18th Street and the south City limits and between Montgomery Freeway to within 125 feet of National Avenue as the Bahia Vista Industrial Center; zone the area for 20 foot setbacks; prohibit new non industrial usage; start proceedings to vacate that portion of glivewood Housing west of National Avenue, starting west of the new Coolidge Avenue dedi- cation. Moved by Fessman, seconded by Hollingsworth, the part of the request which belongs to the Planning Commission be referred to the Commission. Carried, all the Council present voting aye. COUNCILMAN PESSMAN stated sometime ago he made a recommendation we begin studying as to what we are going to do with the Housing when we dispose of it, so we will know whether it should be leased, sold, and that should be the first order of business in order to conform 5/5/59 392 with the Chamber of Commercets request. Mr. Fessman said he too would like to dispose of some of the housing, particularly that on the west side of National Avenue which should be industrial land. Moved by Hart, seconded by Alien, the matter of disposing of the housing on the west side of National Avenue be referred to the City Attorney for whatever procedure is necessary. E.M. STANLEY, Presi- dent of the Chamber of Commerce, was present and stated it has been recommended practically by all factions of the City primarily that the area outlined in the letter be designated as an industrial area for the purpose of preventing future building of non industrial buildings which will thereby run up the cost of ultimately making it an industrial area. 0n the motion before the Council it is a start to dispose of the housing, and it does not commit the Council to take any definite action, but just to start the wheels going to- ward an ultimate disposal of the housing. Primarily the establish- ment of the area, as outlined in the letter, is for a complete in- dustrial center. COUNCILMAN HART stated his intention is not to sell the property but to hold it for industrial purposes. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hol- lingsworth, Hodge. Nays: None. COUNCILWOMAN HOLLINGSWORTH stated the most important part of the entire letter is to get the zone established, there be no non industrial buildings erected in the area. Since the Government has assured the Chamber of Commerce they are going to sell their two pieces of land in the area, the zoning be established, and it should be rushed and hope the Plan- ning Commission will present their recommendation on this very shortly. MAYOR HODGE asked Mr. Stanley if the Chamber of Commerce has made any effort to have the piece of property owned by Mr. Sharp annexed to the City of National City. MR. STANLEY stated there has been some discussion with Mr. Sharp, by others outside the Chamber of Commerce but he does not know if there has been any progress being made other than Mr. Sharp is receptive to any rea- sonable proposal the Chamber of Commerce, the City, or anyone else might bring before him which would not require his selling of the land but the development of it. He is not interested in actually participating in the development of his property himself. COMMUNICATION FROM CALIFORNIA ROADSIDE COUNCIL was read, relative Senate Bill 75 regulating outdoor advertising in certain unin- corporated areas. Moved by Allen, seconded by Hart, the communica- tion be referred to the City Attorney for an opinion. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a request from the Travelers Indemnity Company regarding relocation permit bond of Carl Meints 5/5/59 393 in the amount of $1,000.00, which she referred to the Building Inspector. REPORT FROM BUILDING INSPECTOR BIGGS stated all speci- fications have been completed as required by his office and the City Council; a final inspection clearance has been made and it is recommended the bond be terminated. Moved by Alien, seconded by Hollingsworth, the recommendation of the Building Inspector be ap- 1:roved. Carried, all the Council present voting aye. CIC,..e1UNICATION FROM ASSEMBLYMAN SHERIDAN N. HEGLAND was read thank- ing City Clerk Alston for her wire of April 21st regarding AB 602. Mr:. Hegland stated he is ur..alterably opposed to this bill. He also stated he was enclosing a copy of AB 919 which he considers very bad legislation. The League of California Cities is very much opposed to this measure and he plans to speak against its enactment. Roved by Allen, seconded by Hollingsworth, we notify our represen- tative in Sacramento we wish to oppose AB 919. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he received another easement from Joe and Henrietta Villarreal which was obtained by the City of San Diego for the sewer, and recommended it be referred to the City Attorney to prepare a resolution of acceptance. Moved by Fessman, seconded by Allen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a matter which he felt should be brought to the attention of the Council. In the untimely.passing of Judge Harbison it leaves us, the City of National Cityf and our people, in a possible question as to the disposition of this part- icular court, known as the National Justice Court, and recommended they have a resolution prepared by the City Attorney to the Board of Supervisors setting forth that the City of National City wishes this court be retained and continued in the City of National City for various reasons; one9 a service to the people which they are justly entitled to; also because of the economical structure. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM J. C. BAILEY, Chairman Boys & Girls Committee cf National City Lions Club, and HARRY D. SMITH, Chief National City 'olive Department, was read, stating the Lions Club has sponsored the Junior Patrols of the City's elementary schools, both public and parochial, for the_past several years. The Police Department has assisted in this civic project by training and supervising the patrols each year, and the Lions Club is most appreciative of their 5/5/59 394 splendid cooperation and support. As a small reward for the work of the Patrols, the Lions Club provides entertainment of different types during the school term and arranges for a picnic -swimming outing in May. They ask permission to have exclusive use, and if pousible, without cost, the Las Palmas Swimming Pool from 12:00 n on to 3:00 P.M. and the adjoining picnic area from 3:00 P.M. to 4»)0 P.M. on anyone of the three following dates: May 19,20 or 26. -ed by Fessman, seconded by Hart, the request of the Lions Club granted, and that the procedure be cleared through the Park and R?.reation Department for time available, etc. Carried, all the O.)-:aci1 present voting aye. CITY MANAGER PIRD stated with regard to rebate on building permits whioh was referred to the City Manager, Building Inspector, ann. City Attorney, we have not been able, because of the full schedule of the City Attorney, to have his concurrence in the matter, but can ma'o the report at this time from the Manager and Building In- spector. The Building Code requires a fee for whim certain tier - vices are performed. The request of Jack Bailey for a refund of $30.00 for building permit fee is what brought this matter to the Council's attention. REPORT FROM BUILDING INSPECTOR BIGGS was read, regarding refund of building permit fees. The Uniform Building Code and the California State Housing Act sets forth rules and reg- ulations regarding the payment of building permit fees. However, the subject of refund of said fees is not clearly defined. The Uniform Building Code Section 33 B provides for plan checking fees in the amount of one half of the total fee required for a building permit. Mr. Biggs said it is his belief under this section of the Code an amendment is in order to specify the plan checking fee is not refundable as it covers the cost of investigation and supplies for the issuance of the permit. The other alternative is to declare that no building permit fees may be refunded unless issued in error. It is the Building Inspector's recommendation the second course be followed and the ordinance be changed to this effect. Moved by Allen, seconded by Fessman, the recommendation of the Building In- spector be approved and the change in ordinance be referred to the City Attorney. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE HARBOR COMMITTEE was read, stating there was an oral application presented which subsequently has been placed in writing from Prank's Dredging Company. The Committee recommended Prank's Dredging Company be provided a parcel of ground for storage of dredging dikes and materials on a monthly basis, $50.00 per 5/5/59 395 month, time limit maximum six months, area to be levelled by Frank's Company and to be left clean and clear upon their termina- tion of occupancy. Moved by Fessman, seconded by Allen, the re- commendation of the Harbor Committee be approved. Carried, all the Council present voting aye. REPORT OF MEETING OF FINANCE COMMITTEE was read, stating City Clerk Alston notified the Committee of the demise of Harry Bonnell, of Bonnell & Associates, our City Auditors. Upon request of the Associates, Messrs. Rigney and Hill, it was the Committee's recom- mendation they be retained as City Auditors. Moved by Allen;, se- conded by Fessman, the recommendation of the Finance Committee be accepted. Carried, all the Council present voting ayc, CITY MANAGER BIRD stated with regard to the amendment of the moving ordinance, the Finance Committee recommended that Section 4 of Ordinance 840 be amended as follows: "Where a building or structure is to be moved from one site to another site upon the same parcel of property, the fees for said moving permit shall be $25.00. Where a building or structure is to be moved from a site or parcel of land to another parcel of land the fees shall be $100.00 as set forth in Ordinance 936." The above recommendations to be subject to all other applicable provisions of Ordinance 840. Moved by Allen; seconded by Hollingsworth, the recommendation of the Finance Com- mittee be accepted, and referred to the City Attorney to prepare the ordinance to make the changes. Carried, all the Council pre- sent voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for'Conditional Exception No. 646 signed by Richard Vogel relative to the property located at 618 "Cu Avenue. Petitioner is request- ing permission to construct six units on a parcel of ground con- taining 5,750 square feet, located in an R-4, Multiple Residence District. Also variance in rear yard setback from 6 feet to 2 feet and variance in utility yard. The Commission recommended ap- proval of the zone variance. Moved by Hart, the recommendation of the Planning Commission be approved. Motion died for lack of a second. After some discussion, it was moved by Hart, seconded by Allen, the recommendation of the Planning Commission be accepted and referred to the City Attorney for preparation of the necessary resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending for approval of the application for Conditional Exception No. 648 signed by John H. Lamb and James F. Albertson relative to the property located at the southeast corner of 22nd Street and 5/5/59 396 Newell Avenue. Moved by Allen, seconded by Hart, the recommenda- tion of the Planning Commission be approved and referred to the City Attorney. Carried, all the Council present voting aye. RE°CRT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 649 signed by K. T. McBride relative to the property located at the southeast corner of 8th Street and Pleasant Lane. Petitioner is requesting variance in square footage of signs from 20 square feet to 240 square feet. It was the recom- mendation of the Planning Commission the application be granted subject to removal of all illegal existing signs. Moved by Allen, seconded by Hart, the recommendation of the Planning Commission be approved and referred to the City Attorney for preparation of a resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read recommending for ap- proval of the Application for Conditional Exception No. 650 signed by Clarence Earl Wharton relative to the property at the southeast corner of "K" Avenue and 5th Street. Moved by Hart, seconded by Hollingsworth, the recommendation of the Planning Commission be ap- proved, and referred to the City Attorney for preparation of the necessary resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 651 signed by James T. Ferguson re- lative to the property at 918 E. 5th Street. Petitioner is re- questing permission to construct an additional two bedroom duplex over the existing one bedroom, making a total of 5 living units on a parcel of ground containing 7,233 square feet located in an R-2 District. Also variance in rear yard setback from 10 feet to 6 feet and distance between structure to construct a 4 foot covered balcony. It was the general opinion of the Commission that the proper off street parking facilities were not provided, therefore, it was recommended the variance be denied. CITY PLANNER STOCKMAN stated there was a letter received by the Council from Mr. Ferguson regarding this application and it was referred back to the Planning Commission for reconsideration therefore no action would be taken until another report is received from the Planning Commission. Moved by Fessman, seconded by Allen, this be held over until recon- sideration comes back from the Planning Commission. Carried, all the Council present voting aye. RESOLUTION NO. 7493 was read, accepting an easement from Joe and rienrietta Villarreal. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. 5/5/59 397 RESOLUTION NO. 7494 was read, "RESOLUTION OF CITY OF NATIONAL CITY CALLING UPON THE BOARD OF SUPERVISORS OF SAN DIEGO TO PRESERVE THE NATIONAL JUDICIAL DISTRICT COURT." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:39 P.M. ATTESTS CITY CLERIC MAYOR, CITY OF A CALIFORNIA 5/5/59