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HomeMy WebLinkAbout1959 08-11 CC MIN45 National City, California, August 11, 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, Hollingsworth, Hodge. Council members absent: None, 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. Mayberry. Moved by Hollingsworth, seconded by Allen, the minutes of the regu- lar meeting of August 4, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7571 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "HOBSON ANNEXATION," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 18th STREET NEAR PALM AVENUE," was presented for the second and final reading. Moved by Hollingsworth, seconded by Hart, the Ordinance be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 952, "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 18th STREET NEAR PALM AVENUE." Moved by Fessman, seconded by Hart, the Ordinance be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported Dwight Gove Agency, Inc. has filed a certificate showing National City Rubbish Service has liability insurance naming the City of National City as co-insured, and re- commended it be filed. Moved by Hart, seconded by Fessman, the oertificate be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the Deed of Trust which the City of National City holds as security for the balance due from Macao Corp. et al, as amended, has been examined and recommended it be refiled under the original document number. Moved by Hart, seconded by Hollings- worth, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. 8/11 f 59 46 ATTORNEY CURRAN reported the Attorney for the South Bay Irrigation District has asked him to ascertain when it would be possible for the City Council to meet with various officials of the California Water and Telephone Company and representatives of the consultants who have been engaged by the City with reference to the proposed election for taking over the Sweetwater System of the California Water and Telephone Company. plans were tentatively made for a meeting to be held at 1:30 next Tuesday, but apparently the Council meeting was not in mind. It has been suggested perhaps the Council have a short agenda that day so the meeting could commence at 2:30 or 3:00 o'clock. Moved by Hart, the Council meet immediately after our regular meeting. COUNCILWOMAN HOLLINGSWORTH stated there were some requests for zone variance to be taken care of at the next meeting so did not know if the meeting could be shortened or not. COUNCILMAN HART withdrew his motion. COUNCILMAN ALLEN stated he thought it was important to attend the meeting. Moved by Fessman, seconded by Hart, we imform the South Bay Irrigation District we will meet any afternoon except Tuusdr:y with the, aric'. Stone and•-Ynur_g- berg, and whoever else they wish to be present at the meeting. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen. TOM LEONARD, 2740 Lincoln Court, was present and read a communica- tion regarding the announcement the President of the Chamber of Commerce made that "National City is undoubtedly the dirtiest city south of Los Angeles." MAUL BONBON, 840 E. 2nd Street, was present in regard to the Peters Nursery situation, and asked if something could not be done. ATTORNEY CURRAN stated there is civil litigation pending and he has no idea what has or has not happened in that matter, and that is the matter which ultimately is going to have to be decided with reference to the alleged violation of City ordinance which is strictly a matter between the City and the violators and a matter of criminal law. It had been set for trial and the trial has been continued at the request of the defense attorney. MRS. ADELIA ROSING, 1224 E. 18th Street, was present in regard to her request for a zone change. ATTORNEY CURRAN stated, assuming the Council is imposing a condition as one of the minutes indicated, his recommendation is, before the ordinance be re -processed, the ;property owner submit a deed dedicating the property so there is no question as to the condition having been fulfilled at the time the zone change is adopted. MRS. ROSING stated she is willing to 8/11/59 47 give an affidavit for an option to the City but not willing to give a deed. Moved by Allen, seconded by Hollingsworth, this particular case be referred back to the Planning Commission to be sent in with the necessary document signed to put it over. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: Fessman, Hart. MRS. ROBING asked if this matter would be held open until she was able to bring in her deed, perhaps she could have a deed drawn up in the next day, if not it would have to wait until she returns home as she is called out of the state. MAYOR HODGE assured her anytime she is able to bring in the deed would be satisfactory. Considerable discussion followed. COUNCIL- MAN FESSMAN suggested the last motion that was passed be rescinded and have Mrs. Rosing go to her attorney and have him prepare the necessary deed to protect her and submit it to the City Clerk. Moved by Allen, seconded by Hart, the last action be rescinded. Carried, all the Council present voting aye. Moved by Allen, se- conded by Hart, the matter be left on the table until such time as Mrs. Rosing's attorney has had an opportunity to submit a deed which satisfied the requirements of the City. Carried, all the Council present voting aye. MAUDE BIDDISON was present and stated she wished to know if she and other residents in the area will have no relief until the oivil suit has been determined. Mrs. Biddison stated is she has to drop the suit before the City does anything she would like to know the reason. ATTORNEY CURRAN stated he did not believe anyone from the City has ever suggested that Mrs. Biddison drop the suit; it is very clear that if she ever wants any real relief she is going to have to press the suit. The City has had a criminal action pending for several months; there have been a couple of complaints. There are two distinct complaints which are pending and can be tried as soon as the matter can be brought to trial. It has nothing to do with the civil action whatsoever. The City does not control the civil action; the parties do; and if Mrs. Biddison wants to press her civil action she can. The City is not holding up anything de- pending on the outcome, or lack of outcome. EVE P. BISBERG, 1826 E. 8th Street, was present in regard to the deed for street purposes the City accepted from Gilbert Fritz. TOM IEONARD was present again in regard to the communication he presented earlier in the meeting. MAYOR HODGE stated the President of the Chamber of Commerce apologized to him personally. MR. LEONARD stated he thought some statement to that affect should 8/11/59 48 have been published in the paper. MAYOR HODGE made a statement to the press that the President of the Chamber of Commerce did apologize to him. COUNCILMAN-ALLEN presented a list of possible violations to our ordinances in various parts of the City, and requested the City Manager to have these matters looked into. COUNCILMAN PENMAN also gave a list of places to be checked for further violations. Mr. Fessman said he thought the Council should set a policy for the enforcement of the trash ordinance, requiring each householder to provide the proper containers and completely abide by the ordinance. Moved by Fessman, seconded by Allen, the entire matter, wrecks on the streets, the matter of cardboard cartons and trash collection, and the proper enforcement of the ordinance in effect, be referred to the City Manager. Carried, all the Council present voting aye. CLAIM OF JAMES B. JACKSON in the amount of $302.54, was presented, and City Clerk Alston recommended it be referred to the City Attorney for appropriate action. Moved by Hollingsworth, seconded by Hart, the claim be referred to the City Attorney. Carried, all the Council present voting aye. COUNCILMAN HART excused. COMMUNICATION FROM JAMES F. ALBERTSON was read, requesting exten- sion of 90 days on Resolution No. 7498, which granted a special zone variance permit. Moved by Hollingsworth, seconded by Allen, he be granted the 90 days extension of time. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. COMMUNICATION FROM VERNE HANSEN was read, requesting free business license due to the fact he is physically disabled. COUNCILMAN HART present. Moved by Hollingsworth, seconded by Fessman, the request of Verne Hansen be denied and he be so notified. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hollingsworth, Hodge. Hays: None. Councilman Hart abstained from voting. OMMUNICATION FROM COUNTY BOARD OF SUPERVISORS OF LOS ANGELES was s:�ad regarding Senate R-apportionment, and asking that the Council L1i1 see fit to support such action. City Manager Bird read a communication from the League of California Cities, which recom- mended that all City Councils receiving a request from. the Los 8/111/59 49 Angeles County Board of Supervisors to adopt a resolution endorsing a proposed initiative constitutional amendment reapportioning the State Senate take "no action" pn such request. MR. BIRD recom- mended these two communications be referred to the Legislative Committee of the Chamber of Commerce for study. Moved by Hollings- worth, seconded by Allen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. REPORT FROM CITY CLERK ALSTON regarding proposed Sweetwater Annex- ation Unit #1, was read. The petition for the proposed annexation was checked by Mrs. Alston and verified by a member of the Regis- trar's Staff. The petition contained 40% of the registered voters within the area, and the requirement is 25%. CITY CLERK ALSTON presented a Claim of George B. Babcock against the City of National City, and recommended it be referred to the City Attorney. Moved by Fessman, seconded by Hollingsworth, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. APPLICATION FROM BEN AND OMA ROSANBALM to move a building from 1245 Highland Avenue to 1823 Newell Street, was presented. The building is to be used as a residence. REPORT FROM THE BUILDING INSPECTOR was read, recommending the granting of the request sub- ject to certain requirements enumerated in his report. Moved by Hart, seconded by Fessman, the request be granted, subject to the requirements set forth by the Building Inspector. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a notice from Fiesta del Pacifico stating City officials can get discounts on advance sales of the seats. The schedule will be on file in Mrs. Alston's office. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY was read, stating the Water Problems Committee will meet at 2:00 P.M., and the Finance and Insurance Committee will meet at 4:00 P.M., August 13th. Moved by Hollingsworth, seconded by Hart, the notice be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Mailing Notices of the Adoption of Resolution of Intention on Rachael Avenue from 6th to 8th Street. Moved by Fessman, seconded ty Allen, the Affidavit be filed. Carried, all the Council present voting aye. 8/11/59 50 COMMUNICATION FROM THE METROPOLITAN WATER DISTRICT was presented, requesting information whether we wish to make payment on the taxes for the fiscal year 1959-60. Moved by Hollingsworth, seconded by Fessman, the Metropolitan Water District be notified we elect to pay fifty percent, as in the past, and be referred to the Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON presented a Notice of Creditors Hearing of Joseph Damico, and recommended it be referred to the City Attorney. Moved by Hollingsworth, seconded by Fessman, the notice be referred to the City Attorney. Carried, all the Council present voting aye. REPORT OP CITY TREASURER for the period ending July 31st, was pre- sented. Moved by Hollingsworth, seconded by Allen, the report be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported a petition was received for the Improve- ment of Norton Avenue from 1st Street to 4th Street. The petition was signed by persons interested in 51% of the frontage and 55% of the area of the property that would be within the district pro- posed to be assessed for the improvement. It was recommended the project be authorized and it be combined with the Laurel Avenue and 1st Street projects. Moved by Allen, seconded by Pessman, the City Engineer's recommendation be approved. Carried, by the following vote to -wits Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: None. CITY ENGINEER LILL reporter: the assessments have been prepared for the "C" Avenue project and the "A" Avenue project and filed with the City Clerk, Harding Avenue Improvement has been posted in regard to the Notice of the Haring on the Resolution of Intention. Moved by Allen, seconded by Fessman, the Engineer's report be accepted. Carried, all the Council present voting aye. COMMUNICATION FROM CHAMBER OF COMMERCE was read, requesting per- mission be granted to close "A" Avenue between 8th and 9th Streets, from 7:00 Y.M. until 12:00 P.M., September 4, 1959. The request for closing the street is to enable the Chamber to sponsor a street dance in conjunction with the Fiesta del Pacifico. The dance will be held from 8:30 P.M. until midnight. CITY MANAGER BIRD recommended the request be granted. Moved by Fessman, se- conded by Hart, the request of the Chamber of Commerce be approved. Carried, all the Council present voting aye. 8/11/59 51 CITY MANAGER BIRD reported the damage suit against the City Motors was suocessfully concluded by the City Attorney's office and we are now in possession of a check in the amount of $494.33 for claims arising out of the accident as of May 12, 1958, and recom- mended it be accepted and deposited in the General Fund. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: None. CITY MANAGER BIRD recommended the Council authorize the City Attor- ney to prepare the ordinance and resolution necessary for the es- tablishment of the tax rate for the year 1959-60. Moved by Fess- man, seconded by Hollingsworth, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to Ordinance 873 which controls subdivision fees, we have been taking an undue loss in relation to the fee which is specifically set forth in the ordinance. Sec- tion B specifies the subdivider be charged 3.50 per hour for City costs for checking of maps and plans and inspection of the work. He recommended the City Attorney be authorized to amend Ordinance 873 setting forth in the same language, but increasing the cost from $3.50 per hour to $5.00 per hour. Moved by Fessman, seconded by Allen, the City Attorney be authorized to prepare an amendment to Ordinance 873 as recommended. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the completed plans and specifications necessary for the storm drain across El Toyon Park, and recommended acceptance and authorize the City Clerk to call for bids for this project. Moved by Hollingsworth, seconded by Allen, the City Manager's recommendation in regard to this project in El Toyon Park be referred to the City Clerk to advertise for bids. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to Palm Valley/ ier would recom- mend the dedication of Newell Street from 22nd Street to approxi- mately 55 feet north of 21st Street, to be dedicated as a public street and named Newell Street, which is a continuation. Moved by Fessman, seconded by Alien, the recommendation of the City Manager to dedicate a portion of Newell Street be accepted, and referred to the City Attorney for the proper resolution. Carried, all the Council present voting aye. CITY MANAGER BIRD requested Councilmen Allen and Fessman to furnish him with the list of the complaints and violations which they 8/11/59 52 presented earlier in the meeting. Mr. Bird said he will assign them to the proper departments for a report as to why they occur, what can be done, if anything, and if there is nothing that can be done to report back to the Council the reasons why. CITY MANAGER BIRD reported that subject to Council inquiry the Fire, Police, Building and the Planning Departments are working in relation to those purported complaints in the Olivewood Dis- trict, and will have the report for the Council when it is com- piled. CITY MANAGER BIRD stated he would like to partially report on the matter which was requested of him as of July 28, 1959, relative to the hearing on the zone appeal at 23rd and Cleveland Avenue. The Council requested a report as to why there were no citations issued to Ace Metal during the six months period when they received 28 complaints, and the matter referred to the City Manager for his referral to proper City Departments to see that these laws are en- forced. Reports from Fire, Police and Planning Departments were read. From the reports Ace Metal is the only one who did any burning during the period of time indicated on the report. It is possible that certain controls should be fixed controlling such burning, either by zone variance restrictions or by City ordinance. At the present time Scrap Disposal is not doing any burning, and with the possibility of Ace Metal discontinuing their operations, as they have indicated, now would be the time to make arrangements for this type of control of operations. REPORT PROM POLICE CHIEF SMITH stated the City ordinances do not include burning for salvage purposes. Patrol officers were alerted to note when Ace Metal Com- pany was burning, and the report submitted was the result of obser- vation by patrol officers and not complaints from citizens concern- ing this matter. The Department was also contacted by the Planning Dept. and it was their understanding the records of burning were to be compiled for the purpose of any forthcoming hearings for zone variances and where variances were already in effect restrict- ing burning in order to have sufficient evidence for successful prosecution of any violations of zone v ariances. CITY MANAGER BIRD stated we find that the Ace Metal in absence of any record, other than that which has been recently brought before Council for an extension, was a usage prior to the time of when a zone variance was needed. We are following through on Scrap Disposal, and we fail to find the conclusive evidence necessary to bring about such a thing as legal action which can be sustained in Court against these perpetrators of the nuisance of burning. The ordinances 8/11/59 53 will have to spell out their intent, the reason for the intent, otherwise we cannot enforce them; they must be specific! Mr. Bird stated the reports from the Departments will be on file with the City Clerk. COUNCILMAN FESSMLN thanked the City Manager for his report on this matter. Moved by Hollingsworth, seconded by Hart, no action be taken until the Planning Commission's report is received. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to the Fire Prevention Ordinance which was mentioned in his report, there are a number of corrective things which should be incorporated in this ordinance. In making a study of the ordinance field, it has come to a point, where in the City Manager's opinion, it would cost the City more money and more time to run a codification of those ordinances, to introduce and print amendments, than it would to consider setting up a complete municipal code, a new series, embodied in that code the active ordinances which are used daily by the City's enforc- ing agencies, and those numerous other passive ordinances which establish grades, etc., or which are used but once can be relegated to their proper place in the files. We have over 900 ordinances on the books in the City, and the municipal code of the State of California over 300 more statutes will beccmc,.effective ,this year, which will be incorporated in the documents we now have* We must be operating under approximately 7,500 laws. CITY MANAGER BIRD recommended the Council consider this matter. Moved by Fessman, seconded by Allen, the City Manager be authorized to make inquiry as to estimates of the cost of making such a municipal code, as well as the time required to write it. Carried, all the Council present voting aye. RESOLUTION NO. 7572 was read, amending Reed lution No. 7543, adopt- ing Salary Schedule 1959-60, as follows: Assistant City Engineer, Rate 31, salary $617 - $750; said amendment to become effective August 16, 1959. Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he wished to report on Civil Service status relative to Fire Captain. Mr. Bird said he has a letter from the Chief of the Fire Dept. to the Chairman of the Civil Service Commission. COMMUNICATION PROM FIRE CHIEF BAILEY addressed to the City Manager, was read, in regard to a request from the Civil Service Commission which stated they are making a study of the position of General Fire Inspector and are attempting to set 8/11/59 54 up specifications for that position. They included copies of epeoifications they had drawn up of requirement standards and asked him to make comments or suggestions. Chief Bailey suggested it be included under the a eeifications for Fire Department Cap- tains thereby making the operation more flexible and feasible within the Fire Department. CITY MANAGER BIRD stated we have bad today statements, rightly so, as to the lack of enforcement in certain areas by various departments; and he was going to defend those departments due to the fact they are not always to blame; one, the implements by which they work have not been perfected to get into their hands so they can use them, and secondly, when we have a request from a department head who is charged with the successful operation of that department, it should be given weight. In the question of the Chief of the Fire Department requesting there be attached to the Captain's qualifications the possibility they may be rotated in the Inspection Division of the Department, is sound, flexible, and solid. It also tends to acquaint all of the Captains in the department, and is a reasonable request. Mr. Bird stated he did not want any action on it at this time, but would like to have an expression whether or not the Council feels this is on the right track to bring about better coordination in our departments. COUNCILWOMAN HOLLINGSWORTH said she thought Chief Bailey's request is good. COUNCILMAN ALLEN said he has been approached on this same subject, and it is the possibility that some people are under the impression what the Fire Chief is asking for is in essence an opportunity to advance one person above others. He said he believed the Fire Captains should all be qualified to take it if the Fire Marshal's job is going to become a Captain'e position. COUNCILMAN HART said he thought it should be held over and given some thought. REPORT FROM THE PLANNING COMMISSION was real, recommending the granting of the Application for Zone Charge signed by Robert B. Ertek relative to 2445 E. 13th Street. Petitioner is requesting a zone change from R-2, Two Family Residence District to 0-2, Limited Business District. Moved by Allen, seconded by Hart, a public hearing be set for September 1, 1959. Carried, all the Council present voting aye. REPORT FROM THE Ple.NNING COMMISSION was read, stating a petition was received from adjoining property owners requesting the closing of "F" Avenue from an 30 foot right of way to a 60 foot right of way, and recommended the closing of 10 feet each side of "P" Avenue from 18th Street to 24th Street. CHARLES HARBISON, 1915 "F" Avenue, was present and stated they wish the street closed s/11/59 55 so they can build a fence in front of their property. MRS. HERMAN KRAUSE, 1904 "F" Avenue, was present, and stated they would like to have the street closed, as petitioned, and possibly in the future they will get the sidewalks in', but at the present time most of the owners are not in 411, position to put in the side- walks. Moved by Hart, seconded by Fessman, the recommendation of the Planning Commission be approved, and referred to the City Attorney. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION was read, regarding grant deed received signed by Erika and I. Maach and Betty and A. Loewy for an additional 20 foot widening on the West half of Palm Avenue South of 8th Street, and recommended the acceptance of the deed for a portion of Palm Avenue. Also grant deed and slope easement re- ceived signed by Charles M. and Theresa M. Beall to complete the dedication of Pleasant Lane as a full right of way from 8th Street to connect with 10th Street. The Commission recommended acceptance of this deed and easement. Moved by Hollingsworth, seconded by Allen, the Planning Commission's recommendation by sustained and referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM PLANNING COMMISSION regarding Application for Zone Change signed by Charles M. and Theresa M. Beall was read, relative to the property located in the 900 Block on Pleasant Lane. Peti- tioners are requesting a zone change from an R-1, Single Family Residence District to an R-4, Multiple Family Residence District. They desire to build duplexes with the possibility of a four apart- ment building for rental purposes. It was the recommendation of the Planning Commission the zone change be granted. Moved by Allen, seconded by Hart, a hearing be set for September 1, 1959. Carried, all the Council present voting aye. RESOLUTION NO. 7573 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON ("0" Avenue Between 15th Street and 16th Street)." Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7574 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON ("A" Avenue Between 24th Street and 26th Street)." Moved by Hart, seconded by Easement the Resolution be adopted. Carried, all the Council present voting aye. 8/11/59 56 ORDINANCE NO. , "ORDINANCE DETERMINING AMOUNT OF REVENUE NECESSARY FROM PROPERTY TAXES FOR SUPPORT OF ITS DEPARTMENTS AND TO PAY BONDED INDEBTEDNESS OF CITY OF NATIONAL CITY, CALIFORNIA, FOR FISQAL YEAR 1959-60," was presented for the first reading, and read in full. COUNCILMAN AMEN asked what the next step ie ts.tp.e Sweetwater annexation. ATTORNEY CURRAN stated Resolution No. 7564 was adopted August 4th setting a hearing date. Moved by Hart, seconded by ressnan, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:22 P.M. ATTEST CITY CLERK MkYO1 , CITY OP NATIONAL CITY, CALIFORNIA 3/11/59