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HomeMy WebLinkAbout1959 06-02 CC MIN429 National City, California, June 2, 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, Fessman, Hart, Hodge. Council members absent: Hollingsworth. 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. Richardson of the Foursquare Gospel Church. Moved by Fessman, seconded by Allen, the minutes of the regular meet- ing of May 26, 1959, be approved. Carried, by the following 'Vote to -wit: Ayes: Allen, Fessman, Hodge. Nays: None. Absent: Hollingsworth. Councilman Hart abstained from voting. COUNCILWOMAN HOLLINGSWORTH present. RESOLUTION NO. 7512 was read, "DECLARING SPECIAL ZONE VARIANCE VOID." The special zone variance permit granted to Emma R. Morrow pursuant to Resolution No. 7382 adopted on the 13th day of January, 1959 is hereby revoked and declared void and of no forced effect whatso- ever. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7513 was read, ordering payment on Warrant No. 14415 in the sum of $3,764.22 payable to State Employees Retirement Sys- tem stopped, and a new warrant for said sum be issued to State Em- ployees Retirement System. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7514 was read, accepting and approving Agreement for Use of Jail Facilities between City of National City and County of San Diego dated June 2, 1959, and the Mayor is authorized and di- rected to execute the same for and on behalf of the City. Moved by, Allen, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7515 was read, accepting a Deed of Dedication from the National School District of San Diego County, dated May 19, 1959. Moved by Hart, seconded by Fessman, the Resolution be adopted. Car- ried, all the Council present voting aye. ORDINANCE NO. 945 was read, "AMENDING ORDINANCE NO. 827 REGARDING PARKING SPACES," was presented for the second and final reading, and read in full. Moved by Hart, seconded by Fessman, the Ordinance be adopted. Carried, all the Council present voting aye. 6/2/59 430 ORDINANCE NO. 946 was read, "AMENDING ORDINANCE NO. 840 FIXING FEES FOR SECURING PERMITS TO MOVE BUILDINGS," was presented for the second and final reading, and read in full. Moved by Fessman, se- conded by Hart, the Ordinance be adopted. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated he thought it might be well to provide some means other than the ordinary newspaper notices advising the public of the passage of the ordinance regarding parking spaces. Moved by Fessman, seconded by Hart, the problem be referred to the City Manager for his suggestions as to the best means of notifying the public that parking is supposed to be within those lines, whe- ther it be by signs or notice painted on the parking space, or some other means; so that people will park within the lines. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hodge. Nays: Hollingsworth. REPORT FROM THE PARK & RECREATION ADVISORY BOARD was read, recom- mending "A" Avenue between 15th and 16th Streets remain open until a master plan of Kimball Park is presented to them for further study. Moved by Fessman, seconded by Hart, the report of the Plan- ning Commission, and a copy of the tentative master plan of Kimball Park that we have at the present time be forwarded to the Park & Recreation Advisory Board, and the Advisory Board then submit their report to the Council as well as to the Planning Commission, so the Commission can possibly review their report. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the request of J. L. McElvaney to assign any sums coming due to him to the Bank of America, it is the Attorney's recommendation a resolution be adopted, not only approving the assignment, but also authorizing the City Clerk to draw a warrant directly payable to the Bank of America. Moved by Hart, seconded by Fessman, the recommendation of the City Attorney be approved, and a resolution prepared. Carried, all the Council present voting aye. RESOLUTION NO. 7516 was read, "RESOLUTION ACC,PTING ASSIGNMENT," Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the firm of Stone & Youngberg, financial consultants, has advised they have the report ready to go to the printer. The Attorney for the South Bay Irrigation District ad- vises the matter of a revised Joint rowers Act is to be submitted to the South Bay Irrigation Board of Directors this afternoon. 6/2/59 431 ATTORNEY CURRAN stated Hartford Accident and Indemity Company has issued document entitled "Evidence of Insurance Protection" certi- fying that Policy No. LGX 27690 has been issued to Walt and Betty Selph for liability insurance required by a contract for doing work in National City. It was the Attorney's recommendation this "Evidence of Insurance Protection" be filed. Moved by Fessman, set.: conded by Allen, the City Attorney's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman,'Hart,, Hollingsworth, Hodge. Nays: None ATTORNEY CURRAN reported Swett & Crawford has issued a certificate of insurance showing that Griffith Company has insurance as required for the Improvement of "A" Avenue from 24th Street to 26th Street, and recommended the certificate be filed. ?Ioved by Hart, seconded by Fessman, the Attorney's recommendation be approved. Carried, all the Council present voting aye. J. D. STARK, Realtor, was present and stated he represented George Befort who purchased some property in the 2100 block on the west side of Orange Avenue. Upon making application for water service it was learned that only half of the street has been dedicated. It was suggested by the Water Company it would be an opportune time to get the other half of the street from the National School District, from 21st Street to 24th Street. Mr. Stark stated he talked with Mr. Calvin in this regard but the request must go before the Board of Directors of the National School District and they recommend a let- ter be written by the City requesting this dedication; it would be for the east side of Orange Avenue from 21st to 24th Street. Mr. Stark said he would like to ask that the City direct a letter to the National School District requesting this dedication. Moved by Fessman, seconded by Hart, that if it is proper the City direct a letter to the National School District requesting dedication. COUNCILMAN FESSMAN stated if it was not proper to make the request, he would like to be so informed. CITY MANAGER BIRD said it is not improper, in fact it is a requirement of the School District. Car- ried, all the Council present voting aye. MRS. ADELIA ROSING, 1224 E. 18th Street, was present and asked the Council to reopen her request which was tabled and give her a public hearing on the rezoning of her property. Moved by Allen, seconded by Hart, we accept the Planning Commission's recommendation in re- gard to this piece of property and we have a written affidavit signed indicating that this cul-de-sac will be granted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Fessman. 6/2/59 432 MAUDE BIDDISON, 840 E. Second Street, was present and stated she would like to know how long it will take the resolution to become effective which was adopted earlier in the meeting declaring the zone variance void relative to the property at 2nd and Highland owned by Emma R. Morrow. Also a large amount of fertilizer was de- livered there yesterday. MAYOR HODGE stated the action declaring the zone variance void is effective immediately. Mayor Hodge asked the Attorney what could be done about the fertilizer which was just brought in. ATTORNEY CURRAN stated it is being taken care of by the proceedings. MAYOR HODGE stated we do not know the date when this matter will appear in court. MARTHA CLARK, 2133 National Avenue, was present and asked if the City did not have an ordinance which requires all businesses to have off street parking for loading and unloading. CITY PLANNER STOCKMAN read a section of Ordinance No. 750 which makes provisions for load- ing and unloading merchandise. MRS. CLARK stated the 21 Club load and unload on the highway. MAYOR HODGE requested the City Planner to check this particular place of business and see whether or not it complies with the ordinance, and make a report at the next meeting. A. 0. TRETSVEN, 1931 "L" Avenue, was present in regard to the in- gress and egress on "M" Avenue, and if the property owners in this area wished to do any building it would not be possible because of the zoning as it is all R-1. It was suggested the four blocks from 18th to 20th Street, and from "L" to "N" be developed into an R-4 zone. MAYOR HODGE recommended Mr. Tretsven make this request to the Planning Commission. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $14,712.07 Traffic Safety Fund 2,108.50 Park Fund 566.45 Harbor Fund 1,233.48 Special Street Fund 3,439.00 Drainage Fund 46,462.50 TOTAL, . . . . . . . . . $68,522.00 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: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7517 was read, authorizing the payment of $450.00 to Security Title for preliminary report on sewer extension, from the Capital Outlay Fund. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. 6/2/59 433 COMMUNICATION FROM BOYS AND GIRLS COMMITTEE OF NATIONAL CITY .LIONS CLUB was read, expressing their appreciation for making the munici- pal swimming pool available to the members of the Junior Patrol. Moved by Hollingsworth, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM SECRETARY OF NATIONAL CITY LIONS CLUB was read, thanking the Council for allowing the Junior Patrol the use of the swimming pool on May 26th. Moved by Hollingsworth, seconded by Allen, the communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM WEBSTER PONTIAC was read, requesting authoriza- tion to haul their own trash to the City dump in their company truck. MAYOR HODGE asked if there is any problem connection with regard to this request. CITY MANAGER BIRD stated he would recom- mend for the Council's consideration they not grant such requests as these until a report has been made, embracing all of the facts involved. We are having considerable difficulty with some users of the trash service, and as we allow these situations to mount by grant- ing these requests, you break down in equity the complete operation of our Sanitation Department. Mr. Bird said he would like to have presented to the Council a report on each and every request, when they are justifiable, Council can then in good faith act upon it. Some of the requests are not proper. COUNCILMAN FI;SSMAN stated the ordinance is not suited for commercial users of heavy materials. Moved by Hart,' seconded by Alien, this matter be referred to the City Manager, including the possibility of changing the ordinance for industrial users if necessary. Carried, all the Council present voting aye. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY was read relative to a meeting of the Finance and Insurance Committee of the Board of Di- rectors for Friday, June 5, 1959, at 1:00 P.M. Moved by Hollings- worth, seconded by Hart, the notice be filed. Carried, all the Council present voting aye. MINUTES OF SMALL CRAFT HARBORS COMMISSION meeting in San Francisco, May l8th, were presented and City Clerk Alston recommended they be referred to the City Attorney. Moved by Hart, seconded by Allen, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. COMMUNICATION FROM ELLEN BAEDER, LIBRARIAN, was read, thanking the Council for their support in opposition to the State Library Aid Bill. The City is to be congratulated on having such an able Attor- ney as Mr. Curran to represent us. Mr. Curran did an outstanding 6/2/59 434 job testifying before the Education Committee, guiding and advising the Board of Trustees, and feel the defeat of the Bill was due to Mr. Curran's efforts in their behalf. Moved by Hart, seconded by Fessman, the communication be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Notice of Award of Contract on "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 ASSEMBLYMAN JACK SCHRADE was read, regarding AB 919, stating this bill was re -referred back to the committee and he will keep a close watch on it. COMMUNICATION FROM ASSEMBLYMAN SHE;RIDAN HEGLAND was read, regarding AB 2647 on annexation, stating he is opposed to this legislation. COMMUNICATION FROM ASSEMBLYMAN FRANK LUCKEL regarding AB 2647 was read, stating he will do what he can to carry out the Council's request. He stated he thinks he has been reliably informed this bill will not be activated. Moved by Hart, seconded by Fessman, the communications be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a letter May 29th from La Vista Memorial Park addressed to the Council inviting the Council members to attend the Memorial Day Exercises, and due to the time element she called each Council member. Moved by Allen, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM BETTER CITIZENS COMMITTEE, C. H. LUSTER, MARTHA M. CLERK AND EVE F. BISBERG, was read, regarding the removal of three palm trees from the north side at 18th Street and "C" Avenue on May 9, 1959 by an El Cajon Firm. Also the subject of $20,000.00 appropriation for El Toyan Park from the Capital Outlay Fund was mentioned. They state as they are unable to find the ordinance of intention to assess the property owners in this surrounding district and request the date such action and assessment was levied. Moved by Allen, seconded by Fessman, the communication be referred to the City Manager and Park Superintendent for a report. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he wished to report on the communication just read. Mr. Bird pointed out that we have a tree ordinance under which the Park Supt. is designated as the forester wherein these tress are subject to his control under the prescribed law. In re- gard to the trees at 18th Street and "C" Avenue, a request was made by the San Diego Gas & Electric Company, and that request was 6/2/59 435 answered March 20i 1959, giving them permission to remove the three palm trees located at the northeast corner of 18th and "C" Avenue. The trees had been reported a few days previously as being dangerously close to their 69,000 volt power line: CITY MANAGER BIRD stated with regard to the appropriation of $20,000.00 to the El Toyon Park from the Capital Outlay Fund, Resolution 7483 was adopted setting up a Park Construction Fund in the amount of $20,000.00, that sum to come from the Capital Outlay Fund, which the Council by directive placed the first $95,000.00 returned from the sale of the city property. CITY MANAGER BIRD stated with reference to the communication there was nb District created and it was not intended one should be created. APPLICATION TO MOVE A BUILDING by Dr. John Warren., was presented. The building is located at 540 East 10th Street which is on the proposed Montgomery Ward site, and is to be moved to 2315 E. 5th Street for use as a dwelling. REPORTS FROM BUILDING INSPECTOR BIGGS and PLANNING DEPARTMENT were read. Moved by Allen, seconded by Hart, the recommendation of the Building Inspector and Planning Department be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he would like to ask that the Mayor, according to Ordinance No. 784, be authorized to appoint one member of the City Council to our Sewer Appeals Board. MAYOR HODGE ap- pointed Councilman Allen as a member of the Sewer Appeals Board. CITY MANAGER BIRD asked if Councilman Allen would meet with the Appeals Board at 10:00 A.M., Thursday, June 4th. REPORT FROM POLICE CHIEF SMITH was read relative to the matter of abandoned refrigerators. The Police Department has been cognizant of this situation for some time and checks have been made of the locations mentioned in the Council minutes of May 26th for any vio- lations of the law. Patrol car records indicate the last check of stored refrigerators was made on Monday, May 25th by patrol officers in the field. Should at anytime in the future any violation of the Penal Code Section 402E be discovered, steps will be taken to obtain a criminal complaint against the responsible party or parties. CITY MANAGER BIRD read Section 402 B of the Penal Code. CITY MANAGER BIRD stated he has a letter from a San Diego citizen thanking the Mayor and Council members for re -striping Highland Avenue. Also a letter from James Dean, Ban& Director of the Lou - zinger High School, commending the Police Department on their prompt and courteous service rendered to their drum majorette who fainted at the parade and was given hospitalization. COUNCILMAN ALLEN said 6/2/59 436 it was the Police Reserves who take care of the young lady. CITY MANAGER BIRD presented two deeds for street property and sewer easements, and recommended they be referred to the City Attor- ney for preparation of the necessary resolution. Moved by Fessman, seconded by Hart, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported in going over the available park area, as planned, and with its potentials as set forth, in his opinion there is no area of the parks available to the Chamber of Commerce for a building site. However, there are two locations of City property, and one in- particular, he could recommend to the Council so the Council's committee could meet with the Committee of the Chamber of Commerce, and that is located at the northeast corner of 14th and "E". We have at that location ten 25 foot lots. Mr. Bird said in making this recommendation as an available site he has taken into consideration the potential site for the City Hall, which is at the present City garage. The other site is on the north side of 16th Street at "B" Avenue. Moved by Fessman, seconded by Allen, the problem of a site for the Chamber of Commerce building be re- ferred to the Finance Committee. Carried, all the Council present voting aye. COMMUNICATION FROM JAMES N. DUR1tiIN, EL CORTEZ REALTY COMPANY, ad- dressed to the Harbor Committee, was read, stating they have shown twenty acres of National City tidelands property to their client, and their preliminary impression was that it is satisfactory. How- ever, there are many details that must be worked out before the lease can be negotiated. It is requested an informal meeting be arranged as soon as convenient to discuss certain problems. Moved by Fessman,seconded by Allen, the matter be referred to the Harbor Committee, but that before the Committee meets, the City Manager meet with these gentlemen and acquaint them with the problems; give them an idea of the cost of the sewer, water, etc., and point out to them the rail facilities required and which they ask for and the matter of the electric power lines are matters that have to be taken up by them with the Santa Fe Railway as well as the San Diego Gas & Electric Company. Carried, all the Council present voting aye. APPLICATION FOR ZONE CHANGE signed by Adelia Rosing was referred to, relative to the property located at 1224 East 18th Street. Peti- tioner is requesting a zone change from R-1, Single Family Residence District, and R-4, Multiple Family Residence District to all R-4 6/2/59 437 Multiple Family Residence District. The Commission recommended the granting of this zone change. Moved by Hollingsworth, seconded by Allen, the hearing for Mrs. Rosing's zone change be set for June 23rd at 2:00 r.M. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION relative to the request of Dr. Warren to move a building, was presented. CITY CLERK ALSTON stated this was taken care of earlier in the meeting. Moved by Allen, seconded by Hart, the r_r_eport be filed. Carried, all the Coun- cil present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 652 signed by C. E. Williams relative to 2124 E. 22nd Street. Petitioner is requesting permission to construct and maintain an additional single family residence in front of the present house on a parcel of ground located in an R-1 zone containing 7,500 square feet. The Commission recommended the request be granted with the restriction that the existing little house cannot become a rental. Moved by Hart, seconded by Allen, the recommendation of the Planning Commission be approved, and re- ferred to the City Attorney for preparation of a resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 654 signed by L. Wendell Hasseltine relative to the property located at the Southeast corner of 8th Street and Harbison Avenue. Petitioner is requesting permission to construct two standard signs 12 feet by 24 feet 6 inches each. The Commission recommended the request be granted. Moved by Allen, seconded by Hart, the recommendation of the Planning Commission be approved and a resolution prepared. Carried, all the Council present voting aye. Moved by Allen, we refer to the City Manager, City Attorney and City Clerk, if necessary, to start all the legal and necessary procedure to put a bond issue on the ballot for a new civic center. Motion died for lack of a second. COUNCILMAN HART stated he re- commended the sale of the City property from 12th to 14th Street and National to "A" Avenue, and he believed there would be suffi- cient money from the sale of this property to build a new city hall and it would not be necessary to have a bond issue. Moved by Hart the matter of the sale of the property from 12th to 14th Street and National Avenue to "A" Avenue be put on the ballot at the next election to see if the people want to s ell this property and use the funds to build a new city hall, at a location as yet 6/2/59 438 undecided. Motion died for lack of a second, MAYOR HODGE recom- mended the entire matter be referred to the Finance Committee for their recommendation. Moved by Fessman, seconded by Hollingsworth, the recommendation of Mayor Hodge be approved. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, the meeting be closed. Car- ried, all the Council present voting aye. Meeting closed at 3:09 P.M. ATTEST: CITY CLERK I ) j111"771774} p CALIFORNIA 0 NA 0Iv' T , 6/2/59