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HomeMy WebLinkAbout1959 07-28 CC MIN30 National City, California, July 28, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:38 F.M. Council members present: Allen, Fessman, Hollingsworth, Hodge. Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Alston, Osburn, Lill, Stockman, Holgate-Kerr, Gautereaux. The meeting was opened with pledge of allegiance to the Flag by Administrative Assistant Osburn, followed with invocation by Rev. Erny. Moved by Hollingsworth, seconded by Allen, the minutes of the regular meeting of July 21, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7558 was read, adopting Wage Scale (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue). Moved by Fessman, seconded by Allen, the Resolu- tion be adopted. Carried, by the following vote to -wit: Ayes: •i11en Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7559 was read, RESOLUTION OF INTENTION (HARDING AVENUE FROM 13th STREET TO 20th STREET AND 20th STREET FROM HARDING AVENUE TO WILSON AVENUE). Moved by Fessman, seconded by Allen, the Reso- lution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. ORDINANCE NO. IN NATIONAL CITY", full. ORDINANCE NO. TAINING TO AUCTIONS and read in full. , "AN ORDINANCE REZONING CERTAIN REAL PROPERTY was presented for the first reading, and read in "AN ORDINANCE AMENDING ORDINANCE NO. 811, PER - OF JEWELRY, was presented for the first reading, CITY ATTORNEY CURRAN reported in regard to the claim of Emily McWilliams, the City is not legally responsible and recommended the claim be denied. Moved by Allen, seconded by Fessman, the Attor- ney's recommendation be accepted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported the minutes of the Small Crafts Harbor Commission meeting held in Oceanside on June 15, 1959, have been re- viewed by him, and he would recommend they be referred to the City Planner, and also in the future these minutes be submitted to the Planner, in order she may call to the attention of the City Manager and the Planning Commission any information which may be useful to the City for a small crafts harbor. Moved by Fessman, seconded by 7/28/59 31 Hollingsworth, the Attorney's recommendation be accepted. Carried, all the Council present voting aye. COMMUNICATION FROM LANDIS PELLETIER & PA,RRISH INC. was read, giving notice of the cancellation of Bond No. 118268 for Virgil 0. Whitsitt. ATTORNEY CURRAN recommended Mr. Whitsitt be notified to file a new bond or have his Sidewalk License Permit cancelled. Moved by Allen, seconded by Hollingsworth, the Attorney's recommendation be accepted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported in regard to the Communication from the State Employees Retirement System dated July 14, 1959. There is no action necessary by the City Council and recommended the communi- cation be filed. Moved by Alien, seconded by Hollingsworth, the Attorney's recommendation be accepted, and`the cothaunieation filed. Carried, all the Council present voting aye. AUCTIONEER'S BOND NO. 51268257 from Fidelity & Casualty Company of New York on behalf of Earl D. Duncan was presented. ATTORNEY CURRAN approved the bond as to form and recommended the bond be referred to the Treasurer for approval of surety, and if and when the Treasurer approves the bond as to surety, it be given a document number and filed. Moved by Hollingsworth, seconded by Allen, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. CERTIFICATE OF INSURANCE FROM HARBOR INSURANCE COMPANY for Workmen's Compensation for Vernon Strolz was presented. City Attorney recom- mended the Certificate be filed. Moved by Hollingsworth, seconded by Fessman, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. CERTIFICATE OF INSURANCE FROM HARTFORD ACCIDENT AND INDEMNITY COMPANY for general liability and automobile liability for Walt & Betty Selph, was presented. CITY ATTORNEY CURRAN recommended the Certificate be filed. Moved by Hollingsworth, seconded by Fessman, the City Attor- ney's recommendation be approved. Carried, all the Council present voting aye. CERTIFICATE OF INSURANCE FROM LIBERTY MUTUAL INSURANCE COMPANY for general liability and automobile liability for Bratcher Construction Co., was presented. CITY ATTORNEY CURRAN recommended the Certificate be filed. Moved by Hollingsworth, seconded by Fessman, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. 7/28/59 32 CITY ATTORNEY CURRAN stated during the time he was on vacation the City Council took action to appoint Charles Kerch a member of the Board of Directors in the San Diego County Water Authority; also the Mayor was authorized to enter into an agreement with the Gamewell Construction Company for Fire Alarm System; and the Mayor was also authorized to enter into a contract with the San Diego Gas & Electric Company for the lumination of Highland Avenue. At this time he would like to recommend the City Council authorize him to prepare resolu- tions to carry out their wishes in these matters. Moved by Alien, seconded by Fessman, the City Attorney's recommendation be approved and he be so authorized. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported he has been in communication with the Attorney for the South Bay Irrigation District and also with J. Car- lisle Youngberg of the firm of Stone & Youngberg with reference to the financial feasibility of the Joint Powers Agreement and the pro- posed taking over of the Sweetwater System of the California Water & Telephone Company. A representative of Stone & Youngberg will be at the next meeting of the South Bay Irrigation District which will be held next Tuesday in Chula Vista, and consideration should be given as to the fixing of a date for the Election which is provided for in the Joint Powers Agreement. The Attorney requested the City Council to consider the problem as to what possible date might be set. After a short discussion Mayor Hodge recommended the matter be held in abey- ance until the next meeting. Moved by Allen, seconded by Fessman, the Mayor's recommendation be approved. Carried, all the Council present voting aye. HEARING ON ZONE APPEAL at 23rd and Cleveland Avenue by the San Diego and Arizona Eastern Railway was held at this time. Petitioners are requesting permission to enlarge Ace Metal & Waste Co. CITY CLERK ALSTON reported no written protests were received. REPORT FROM PLAN- NING COMMISSION was read, recommending the request for zone variance be denied. Mr. James Humphrey representing Ace Metal was present in this regard. COUNCILMAN ALLEN presented a report from the Police Department showing twenty-eight complaints were received for burning from Ace Metal and Waste Company during the period from January 1, 1959 through June 30, 1959. K. D. PRYE, representing San Diego & Arizona Eastern Railway Company was also present in regard to this request. Moved by Allen, seconded by Fessman, the hearing be closed. Carried, all the Council present voting aye. Moved by Pessman, se- conded by Hollingsworth, the Planning Commission's recommendation be overruled and a conditional exception be granted and the Attorney be authorized to draw up the necessary resolution. Motion lost by the 7/28/59 33 following vote to -wit: Ayes: Fessman, Hollingsworth. Nays: Allen, Hodge. Absent: Hart. Moved by Allen the request be referred back to the Planning Commission for reconsideration. Motion died for lack of a second. CITY ATTORNEY CURRAN reported Ordinance 949 rezoning certain real property at 1224 East 18th Street, was found to be defective and re- commends the action taken adopting said ordinance be rescinded, and he be authorized to present for adoption an amended ordinance. Moved by Allen, seconded by Hollingsworth, the Attorney's recommendation be accepted. Carried, by the following vote to -wit: dyes: Alien, Hollingsworth, Hodge. Nays: Fessman. Absent: Hart. CITY ATTORNEY CURRAN stated there were three applications for zone changes submitted to the City Council during his absence, by the Planning Commission with recommendations they be adopted upon the granting of certain conditions, and were acted upon by the Council. The City Attorney examined other files and these type of conditions have not been complied with. CITY ATTORNEY CURRAN stated he would like to recommend that the City Council adopt as a policy and author- ize and direct the City Planner to advise the City Planning Commission that when it desires to i :pose conditions upon the granting of either a zone variance or a zone change, that those matters be held in abey- ance by the Planning Commission, and not be sent to the City Council, and no hearing be set by the City Council until such time as the applicant has complied with the conditions imposed. ATTORNEY CURRAN stated as examples on February 25, 1958, the City Council, upon the recommendation of the Planning Commission accepted a deed subject to the condition that the Grantor agree to install sidewalks. No bond has been forthcoming. The Council granted on June 10, 1958, a Con- ditional Exception on condition a grant deed be submitted. This deed was not submitted until one year later. 0n July 15, 1958, the Coun- cil granted a Conditional Exception on condition a grant deed be forthcoming. No deed has been received to date. ATTORNEY CURRAN stated as,a second recommendation, he would recommend that Council action taken on February 25, 1958, July 15, 1958, together with ac- tion taken on July 7, 1959, in granting on condition that Application for Zone Change for southwest corner of 12th & Plaza; and the two actions taken on July 14, 1959, granting on condition Zone Changes for 1540 E. 8th Street and the southeast corner of 12th & Plaza, should be rescinded. Moved by Fessman, seconded by Hollingsworth, that the City Attorney's recommendations be accepted. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Absent: Hart. 7/28/59 34 CHARLES SALYER, Agent for Orange Empire Shows was present, requesting permission to conduct a carnival from July 29th through August 2nd. He presented a performance bond for the Attorney's approval. ATTOR- NEY CURRAN stated he would make a report later in the meeting. Moved by Alien, seconded by Fessman, the Council request from the Police Chief and the Fire Chief a report as to why there were no citations issued to Ace Metal during this six month period when they received 28 complaints, and the matter be referred to the City Manager for his referral to proper City Departments to see that these laws are enforced. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he would like to have the Management investi- gate a stamp permit machine for the City's use. COUNCILMAN FESSMAN stated we do not process enough mail for a machine to be of any value to the City. COUNCILMAN AL LEN stated he did not attend the Chamber of Commerce meeting in the Plaza Bowl because he was not invited, not because he was not interested in the agenda of the meeting. MAYOR HODGE declared a five minute recess. MAYOR HODGE called the meeting to order. Council members present: Allen, Fessman, Hollingsworth, Hodge. Council members absent: Hart. CITY ATTORNEY CURRAN reported on the performance bond of Mr. Salyer. The bond should be presented to the License Collector to check for surety and there is no action required of the City Council. VERIFIED CL.aIM AGAINST CITY OF NATIONAL CITY BY KLINA L. BENNET in the'amount of $654.54 was presented by City Clerk Alston, and recom- mended it be referred to the City Attorney. Moved by Allen, seconded by Fessman, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented Affidavits of Mailing Notices of Use District Hearings (Zone Change -NW Corner of 16th Street and "M" Avenue.); and (South side of 8th Street, 145 feet from the Southeast corner of 8th & Palm.). Moved by Allen, seconded by Hollingsworth, the affidavits be filed. Carried, all the Council present voting aye. Moved by Allen, seconded by Fessman, that the City Planner notify applicants of the conditions on variance requests and that it will not be brought before the Council until such time as all conditions are complied with, and that the deed will not be recorded until such time as the zone variance is approved, and the City Attorney be in- structed to prepare a form with this information thereon to be pre- sented with the application for zone variance. Carried, all the Council present voting,ayc. 7/28/59 35 APPLICATION FOR TRANSFER OP OFF SALE GENERAL LIQUOR LICENSE from Edna M. & George H. Whittler, 2605 E. 18th St., was presented. REPORT FROM POLICE DEPARTMENT disclosed no grounds for protest. Moved by Allen, seconded by Hollingsworth, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR ON -SALE BEER LICENSE by Harry Harrison, Urea. Levine, and Lester Reisig, 3184 National Avenue, was presented. REPORT PROM POLICE DEPARTMENT disclosed no grounds for protest. Moved by Hollingsworth, seconded by Allen, the application be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented a petition received July 24, 1959 in re- gard to Sweetwater Annexation #1, and recommended it be referred to the City Attorney. Moved by Allen, seconded by Fessman, the petition be referred to the City Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON presented a communication from County Boundary Commission, approving Hynum No. 1 annexation to the City of National City, and recommended it be filed. Moved by Allen, seconded by Fessman, the City, Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented communication from County Boundary Commission, approving the proposed Hobson annexation. Moved by Alien, seconded by Hollingsworth, the communication be referred to the City Attorney, Carried, all the Council present voting aye. CITY CLERK ALSTON presented Union Title Policy of Insurance which has been altered to show their re-recording of the deed of trust executed by National City Development Company and recommended it be referred to the City Attorney. Moved by Allen, seconded by Fessman, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported work has started on the Division Street By -Pass Sewer. CITY ENGINEER LILL presented the Report on Hearing on Engineer's Report for the Improvement of Rachael Avenue from Sixth Street to Eighth Street, which recommended that the protest received be over- ruled and the project proceed under the 1911 Act Improvement Act Procedures. Moved by Allen, seconded by Fessman, that the recommen- dation be approved. Carried, all the Council present voting aye. 7/28/59 36 ADMINISTRATIVE ASSISTANT OSBURN presented a communication from California Trailer Park Owners Association, and recommended it be referred to the Planning and Building Departments for a report. Moved by Allen, seconded by Feseman, the Administrative Assistant's recommendation be approved, Carried, all the Council present voting aye, RESOLUTION NO. 7560 was presented, authorizing the transfer from the Harbor Fund the sum of $2,816.70 as follows: To General $514.80, To Traffic Safety Fund $2,301.90. Moved by Fessman, seconded by Hollingsworth, the resolution be adopted. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending acceptance of the Tentative Map for Bucky Subdivision with certain provisions. Moved by Allen, seconded by Fessman, the Planning Commission's recommendation be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the clo- sing of 10 feet each side of "C" Avenue between 18th Street and 2lst Street. Moved by Fessman, seconded by Allen, this matter be tabled until the 1911 Improvement work in this area is completed. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the closing of the alley between 16th and 18th Streets in the area between West Avenue and Hoover Avenue. Moved by Allen, seconded by Fessman, the Commission's recommendation be approved and it be re- ferred to the City Attorney to prepare the necessary ordinance to close the alley. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the acceptance of Hynum #2 Annexation, and recommended the legal description be forwarded to the Boundary Commission. Moved by Allen, seconded by Hollingsworth, the Commission's recommendation be ap- proved, Carried, all the Council present voting aye. RESOLUTION NO. 7561 was presented, approving agreement for lease of a Fire Alarm System by and between City of National City and Gamewell Company. Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Allen, Fessman, Hollingsworth, Hodge, Nays: None. Absents Hart. RESOLUTION NO. 7562 was presented, approving agreement by and between City of National City and San Diego Gas & Electric Company for street lights on Highland Avenue between 8th and 18th Streets. Moved by 7/28/59 37 Allen, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7563 was presented, resolution determining that project should proceed (Rachael Avenue from 6th Street to 8th Street). Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. ORDINANCE NO. , AMENDING ORDINI,.NCE NO. 949, an ordinance rezoning certain real property located at 1224 E. 8th Street was presented for the first reading, and read in full. Moved by Fessman, seconded by Allen, the meeting be adjourned. Meeting adjourned at 3:38 P.M. ATTEST: CITt CLERK MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 7/28/59