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HomeMy WebLinkAbout1959 05-12 CC MIN398 National City, California, May 12; 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:3G P.M. o'clock. Council members present: Allen, Fese- man, Hart, Hollingsworth, Hodge. 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 Rev. Daily. Moved by Hollingsworth, seconded by Allen, the minutes of the regu- lar meeting pf May 5, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7495 was read, granting a special zone variance pe1j mit to K. T. McBride for the purpose of permitting the erection of signs, not to exceed 240 square feet. Moved by Allen, seconded by Hollingsworth, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7496 was read, granting a special zone variance per- mit to Richard Vogel for the purpose of permitting building on an area containing 5,750 square feet rather than the required 6,000, permitting a rear yard setback of two feet rather than si feet and permitting a variance in utility yard requirements in an- Multiple Residence Districts Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7497 was read, granting a special zone variance per- mit to Clarence Earl Wharton for the purpose of permitting building with an exterior side yard setback of 8.5 feet rather than the re- quired 15 feet. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7498 was read, granting a special zone variance per- mit to John H. Lamb and James F. Albertson for the purpose of per- mitting building with an exterior side yard setback of six feet rather than the required ten feet in an R-1 Single Family Residence District. Moved by Hart, seconded by Allen, the Resolution be fsd-'pted. Carried, all the Council present voting aye. !iT2ORkEY CURRAN reported the Insurance Agents Association of National City has submitted five endorsements, one for each of the fire insur- ance policies held by the City of National City, and the endorsements simply set the rate, having recently been reduced. There will be a return premium due to National City as a result of these endorse- m.ents; and it was recommended they be attached to the original 5/12/59 399 policies which are now on file in the City Clerk's office. Moved by Hart, seconded by Fessman, the recommendation of the City Attor- ney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the request a bill be sub- mitted to permit general law cities to give a preference to local bidders he received two communications from Assemblyman Hegland, and in the first he stated he has introduced the bill, and in the second he advised the bill has been set for a hearing June 11th be- fore the Assembly Committee on Municipal and County Government. The bill is AB 2823. Attorney Curran stated he is particularly pleased with the draftsmanship of this bill. With reference to the hearing, it appears to him this is a matter the City should not be spending City funds further; this matter was submitted at the re- quest of the President of the Chamber of Commerce, and it is there- fore the City Attorney's recommendation the President of the Chamber of Commerce be notified of the hearing on the bill so that the Cham- ber and such as other persons or groups in National City that have a direct interest in this bill can take whatever steps they feel are appropriate in order to appear before the committees of the legis- lature as the matter comes for a hearing. Moved by Allen, seconded by Fessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the communication from the California Road- side Council with reference to SB 75 regulating outdoor advertising in certain unincorporated areas has been examined by him, and it is not a matter in which National City has a direct interest; it is also the type of communication he does not believe we should insist be placed on record with the City Clerk; it is therefore his recom- mendation the communication be referred to the City Planner for fil ing. Moved by Fessman, seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there are some measures in the legislature he believes are worthy of the attention of the City Council; the first is SB 1173. This bill would permit a public utility operating in. California to make a rate increase effective automatically rather than only after an order of the commission. That would be limited to a situation in which the rate increase would not exceed rates ordered or permitted by the Federal Government for light services and interstate commerce. It appears this bill is certainly not in the interest of the general consumer, however, it is a matter in which the City Council has expressed an interest in the past and 5/12/59 400 Mr. Curran said he believed the Council should continue to express an interest, at least to the extent of ascertaining whether or not the General Manager of the League of California Cities has any in- structions with reference to following this bill as it goes through the legislature. It is the Attorney's recommendation the League General Manager be contacted with reference to that matter. Moved by Harti seconded by Fessman, the recommendation of the City Attor- ney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there are two bills which in his opinion do not require any action, but are of particular interest to National City because of discussions which we have had in the past. The first is AB 2438 which would require that the Public Utilities Com- mission be authorized to grant certificates of convenience and nec- essity for paid television within the State of California. The ef- fect of this bill would be to take away the authority of cities to grant franchises, such as were requested sometime ago of National City and other cities. The second bill which Mr. Curran said he wished to call special attention to is AB 2477 which would create a Metropolitan Municipal Service Authority which would be given powers to general law cities and it would permit operations in the County after two or more cities agreed to participate and would in effect authorize two or more cities to agree that certain services might be performed for the benefit of the areas of all. In a certain sense it would be a further development of the Joint Powers Act as we now have it. MAUDE BIBDISON, 840 E. Second Street, waS present and stated she would like to know what, if anything is being done in regard to the zoning of Peter's Home & Garden Nursery. Mr. Peters is not comply- ing with the ordinance and apparently does not intend to. ATTORNEY CURRAN stated this is the matter which has come before the Council previously at which time it was explained to the Council there is a tvil suit now pending which is attempting to dispose of the interest of the property owners regarding this problem, which the City is not a party and in which the City has no interest. With reference to the inference there has been a violation of the zoning ordinance there was discussion at one of our meetings regarding the fact a zonl.ng variance had been granted to the owner of the property. It is the variance which the lessee of the property, the party who is operating the property, says that he has no part, so the question now, the same as the question then, as to what, if any, violation of any zoning ordinance is being conducted by use of the premises and by whom. COUNCILWOMAN HOLLINGSWORTH stated Mrs. Biddison has 5/12/59 401 hired her own attorney and filed a civil suit and her attorney has assured her it will be at least a year before he can get it on the docket. Mrs. Hollingsworth stated she hoped there is some way Mrs. Biddison can get relief, and Mrs. Biddison stated to her that if the Council could proceed and demand the lessee to conform with the stip- ulations set forth when the zone variance was granted she would stip- ulate to withdraw the civil suit. Moved by Fessman, seconded by Hollingsworth, the matter be referred to the Police Department for the proper action. Carried, all the Council present voting aye. EVE BISBERG, 1826 E. 8th Street, was present and stated she thought the City should not allow such a condition as this to exist. C. H. LUSTER, 1027 E. 24th Street, was present in regard to the pe- tition for the closing of the alley between "J" and "K" Avenues, and 23rd and 24th Streets, and asked that the Council close same. MAYOR HODGE stated the matter will come up later in the meeting with a re- port from the Planning Commission. COUNCILMAN ALLEN stated the Council members of the City of National City are about the most underpaid City Councilmen iit the Southern part of California, and thought we should authorize the City Attor- ney and City Clerk to make arrangements to put some kind of an in- crease in Council members' salary on the ballot for the general election of 1960. Moved by Allen, seconded by Fessman, the City Attorney and City Clerk make arrangements to put on the regular ballot in the general election in 1960 an amount to be ascertained by the Finance Committee as the proposed pay of the City Council of the City of National City. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated about a year ago we had a little trouble between two employees in the Recreation Department, and at that time, in discussing the problem with the City Manager, Mr. Bird told him he thought one of the greatest faults of this particular thing was a job description that was not very clear and needed clarifica- tion; also there was a possibility there should be some transferring of personnel from one department to another. To date the job de- scription remains the same, the personnel is working for the same department, the only thing that has changed is that they have the oafioe in a different location. Also he would like a clarification as to how many supervisors there are in that department, and he thinks it is time we should inform the Civil Service Commission there are many job descriptions that need clarifying and they should work on these. CITY MANAGER BIRD stated the Civil Service Ordinance specifically sets forth the duties of the Civil Service Commission 5/12/59 402 and one of those duties is to classify and recommend to the City Council the proper classifications, and it also sets forth they are to review those classifications periodically, and it would be his suggestion, if the Council so desires, they order the Civil Service Commission to so do. Moved by Allen, seconded by Hart, the recommendation of the City Manager be carried out. Motion lost, by the following vote to -wit: Ayes: Allen, Hart. Nays: Fesaman, Hollingsworth, Hodge. COUNCILMAN ALLEN stated he thought it would be a very good thing if the Council would support the City Manager and request him to come up with a consolidation of the various heads of the departments that we have now that are more or less under the same type of work; con- struction, sewers, street, possibly park, etc., and establish a public works department with a public works head, and have the pub- lic works head have an additional job as personnel director, because at the present time we have a City Civil Service clerk who is only half time Civil Service. Mr. Allen said he would like to have the recommendation of the City Manager in regard to this, and a report be brought back to the Council. Moved by Allen, the report of the City Manager be brought back to the City Council. Motion died for lack of a second. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, stating a motion was passed that the Commission hold in abeyance their recom- mendation on the proposed annexation to the City of National City of territory known as "Sweetwater Annexation Unit No. 1" until the exact location of the proposed Beltline Freeway is determined so this annexation will not conflict in any way with the securing of federal funds. CITY CLERK ALSTON recommended it be referred to the Attorney. COUNCILMAN FESSMAN asked if the City Manager had any additional information regarding this. CITY MANAGER BIRD stated the situation as it stands at the present time, approve the recommenda- tion of the City Clerk. We are vitally interested in this annexa- tion because it is an inhabited annexation and has been requested by the people in the area, contrary to a number of annexations which have been going on in various areas in the County of San Diego. Mr. Bird stated he felt the law is ample, and therefore referring it to 'h,: :attorney the proper steps will be taken for the next meeting of the Council. Moved by Fessman, seconded by Allen, the letter from the Boundary Commission be referred to the City attorney for a recom- nendation. Carried, all the Council present voting aye. REPORT FROM CITY TREASURER for the month of April, 1959, was pre- sented. Moved by Hollingsworth, seconded by Allen, the report be 5/12/59 403 filed. Carried, all the Council present voting aye. RESOLUTION NO. 7499 was read, authorizing the transfer of $489.04 from the Trust and Agency Fund to the General Fund, balance of Subdivider's deposit for Engineering Services as per Ordinance #873 - O. D. Arnold Estates (4 units). Moved by Hollingsworth, se- conded by Allen, the Resolution be adopted. Carried, all the Coun- cil present voting aye. CITY CLERK ALSTON presented the Affidavit of Mailing Notices for the Adoption of Resolution of Intention No. 7488; Affidavit of Publica- tion of Resolution of Intention No: 7488; Affidavit of Publication Inviting Sealed Bids for "C" Avenue between 15th Street and 16th Street; Affidavit of Posting Notices Inviting Sealed Proposals on "0" Avenue between 15th Street and 16th Street; Affidavit of Posting Notice of Award of Contract on "A" Avenue between 24th Street and 26th Street. Moved by Hollingsworth, seconded by Hart, the Affi- davits be filed. Carried, al 1 the Council present voting aye. CITY CLERK ALSTON reported the following bids were opened May 11th for the Improvement of "C" Avenue between 15th Street and 16th Street: GRIFFITH COMPANY, $9,628.40; V. R. DENNIS CONSTRUCTION COMPANY, $10,477.27; R. E. HAZARD CONTRACTING COMPANY, $9,697.32. LETTER OF THANKS from Genevieve Bonnell to the City Council for their expressions of sympathy, was read. CITY CLERK ALSTON stated she received notice from the Boundary Com- mission of territory the City of Chula Vista intends to annex, and she referred same to the City Engineer. REPORT PROM THE CITY ENGINEER stated this annexation is on the south side of the Sweet- water River and east of Hilltop Drive and does not concern the City of National City. Moved by Hollingsworth, seconded by :Allen; the communication be filed. Carried, all the Council present voting aye. NOTICE OP UNITED STATES CONFERENCE OF MAYORS to be held in Los Angeles, July 12th, was presented. Moved by Hollingsworth, seconded by Hart, the communication be filed. Carried, all the Council pre- sent voting aye. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY was read, stating there will be a meeting of the Engineering and Operations Committee of the Board of Directors on Thursday, May 14, 1959, at 4:00 P.M. Moved by Hollingsworth, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. 5/12/59 404 CITY CLERK ALSTON presented the minutes of the Small Craft Harbors Commission meeting held at Santa Barbara April 20th, and recommended they be referred to the City Attorney. Moved by Hart, seconded by Fessman, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. COMMUNICATION FROM ASSEMBLYMAN JACK SCHRADE was read regarding AB 2025 stating he will be happy to give this matter his utmost atten- tion when it reaches the floor of the Assembly. Mrs. Alston stated she received a communication from Assemblyman Prank Luckel in re- gard to the same bill and he stated it is his present intention to vote for same. Moved by Allen, seconded by Hart, the communications be filed. Carried, all the Council present voting aye. COPY OF COMMUNICATION FROM JUDGES, MARSHALS AND CONSTABLES ASSOCIA- TION addressed to the Board of Supervisors in regard to the appoint- ment of John Menard as Judge of the National City Justice Court, was presented. Moved by Hart, seconded by Alien, the communication be filed. Carried, all the Council present voting aye. NOTICE OF MEETING OF SMALL CRAFT HARBORS COMMISSION was presented. The meeting will be held May 18th between 1 and 5 P.M. in San Fran- cisco. Moved by Hart, seconded by Fessman, the notice be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON announced a meeting of the League of California Cities at Carlsbad, Friday, May 15th. CITY ENGINEER LILL reported the low bidder for the "0'; Avenue pro- ject, as reported by the City Clerk, was Griffith Company, and re- commended the contract be awarded to them. Moved by Hart, seconded by Allen, the recommendation of the City Engineer be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL reported the Improvement of Highland Avenue from 4th Street to 8th Street has been posted, as required by the Reso- lution of Intention. COMMUNICATION FROM MARINE CORPS RECRUITING SUBSTATION was read, ask- ing they be granted authority to place recruiting signs in the City of '`Titional City at the following locations: United States Post Office; Oscars Drive In, 16th & National; Northwest corner of High- land Avenue and 30th Street; Northwest corner of Highland Avenue and 10th Street; Bay Theatre location; East side of 2nd Street and Na- tional Avenue. Moved by Hart, seconded by Fessman, the request be granted, but if any of the signs at these locations would conflict 5/12/59 405 with sight distance, intersections or anything the City Manager wbuld request the Marine Corps to move them to such a way they will not. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO GAS & FLFCTRIC COMPANY was read, rela- tive to the oil line to be installed in 24th Street. CITY MANAGER BIRD recommended this be referred to the City Attorney to prepare the permit. Moved by Fessman, seconded by Hollingsworth, the recom- mendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION PROM MUNICIPAL EMPLOYEES ASSOCIATION was read, re- questing the Council to consider a five percent cost -of -living raise in pay for the City employees. CITY MANAGER BIRD recommended the communication be referred to the Budget Committee. Moved by Fess- man, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD asked the Council's consideration in authorizing the City Clerk to advertise for bids for the trash contract and the garbage contract; the specifications to be supplied by the City Manager and City Attorney. Moved by Hart, seconded by Allen, the City Manager's recommendation be followed. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he received the new proposal of the Gamewell Company for a fire alarm system for the City, the proposal of the Telephone Company for the use of poles and accompanying coat thereof; also the same cost figures for the use of the Gas & Elec- tric Company's poles. Mr. Bird recommended it be referred to the Budget Committee and Finance Committee prior to completion of the preliminary budget. Moved by Fessman, seconded by Hart, the City Manager's recommendation to refer the matter of the fire alarm sys- tem and other problems to the Finance Committee and Budget Committee be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he has been informed by the San Diego Gas & Electric Company the dredging of approximately 135,000 yards of material off the channel has been completed and has been deposited south of the creek on the 42 acres tidelands area. 7ITY IL.NAGER BIRD reported we are progressing on El Toyan Park; also with Tidelands avenue; and are assured we will have the proposed plans for the pistol range in possibly two weeks. The matter of the pistol range should also be considered by the Budget Committee. 5/12/59 406 REPORT FROM THE PLANNING COMMISSION was read relative to the petition requesting the closing of a 20 foot alley running north and south between 23rd and 24th Streets, in the area between "J" and "K" Ave- nues. Since this area is located in an R-2, Two Family Residence District, it was the opinion of the Commission the alley should re- main open to provide access to the rear of the lots for future de- velopment, as several of the existing structures are so built main- taining a 4 foot side yard setback prohibiting access to the rear portion of their lot. The Commission recommended denial of the closing. Moved by Hollingsworth, seconded by Fessman, the Planning Commission's recommendation for denial be sustained by the Council. Carried, by the following vote to -wits eyes; Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. COUNCILMAN ALLEN stated Mr. Worthington, Manager of Pit Rite, 16th and Highland Avenue, contacted him today regarding the new method we are trying out on Highland Avenue, the left turn angles, etc. Moved by Fessman, seconded by Allen' we instruct the City Manager to have sriht the Street Department pain /lanes on those streets, like they are in standard streets everywhere. The intersections concerned are: north side going south on 18th Street; both sides of 16th Street; north side of 10th Street; and south side of 8th Street. MAYOR HODGE sta - ted he thought this should be referred t. the Traffic Safety Commit- tee: Carried, by the following vote to -wit: Ayes: :Alen, Fessman, Hart. Nays. Hollingsworth, Hodge. CITY MANAGER BIRD stated he would like to have this motion very clearly spelled out. MAYOR HODGE stated it is his understanding that everything be taken out except the straight ahead lines except in front of the Plaza. CITY MANAGER BIRD stated it is his understanding then that everything will be a straight line except from 10th Street to 12th Street. COUNCILMAN FESSMAN stated he forgot to state the red paint should be taken off. RESOLUTION NO. 7500 was read, "RESOLUTION OF AWARD OF CONTRACT ("C" Avenue Between 15th Street and 16th Street)." Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. Moved by lllen,seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting" closed at 3:06 r.M. 2 MAYOR, CITY OF N ' NAL CITY, CALIFORNIA ATTEST: CITY CLERK 5/12/59