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HomeMy WebLinkAbout1959 11-10 CC MIN151 1VetiQual City, California, November 10, 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, Fess- man, Hollingsworth, Hodge. Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Biggs, Bird, Curran, Gaute+eaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Keeble. Moved by Allen, the minutes of the regular meeting of November 3, 1.959, be approved. Motion died for lack of a second. MAYOR HODGE stated the approval of the minutes would be held over until later in the meeting. RESOLUTION NO. 7632 was read, granting a special zone variance permit to Verl D. and Ila C. Mason for the purpose of constructing a four unit dwelling on an area having 7,300 square feet. Moved by Hollings- worth, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absents Hart. RESOLUTION NO. 7633 was read, "-RESOLUTION AUTHORIZING SUPPLEMENTARY AGREEMENT FOR STREET LIGHTS", to provide for the installation of mercury vapor lights on Highland Avenue from Fourth Street to Eighth Street; and the Mayor is authorized and directed to execute the oon- traet. Moved by Fessman, seconded by Allen, the Resolution be adopt- ed. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7634 was read, "RESOLUTION RE METROPOLITAN WATER DIS- TRICT TAXES." Moved by Pessman, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7635 was read, accepting a grant deed from Verl D. and Ila C. Mason. Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fess- man, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 7636 was read, granting a special zone variance permit to Sedgwiok W. Fraser for the purpose of constructing a shopping center. Moved by Allen, seconded by Fessman, the Resolution be a- dopted. Carried, by the following vote to -wit: Ayes: Allen, Fess- man, Hollingsworth, Hodge. Nays: None. Absent: Hart. 11/10/59 152 ATTORNEY CURRAN reported Glens Falls Insurance Company has issued a Certificate of Insurance showing F. San Martin and Son has insurance as required by their contract with the City, and recommended it be filed. Moved by Allen, seconded by Fessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the legality of proposed traffic control measures on Highland Avenue opposite the South Bay Plaza and the new Montgomery Ward store, the Vehicle Code of Califor- nia now gives the City specific authority to provide for crossing signals at the entrance to a private road. Therefore, pursuant to the provisions of the Vehicle Code it is clear, that the City, if it desires, could install signals as has been proposed. COUNCILMAN FESSMAN stated he thought the expenses for installing such signals at that place should be borne by the property owners involved rather than the City. Moved by Allen, we accept the proposal providing the company is willing to pay for the installation. CITY MANAGER BIRD suggested at this time no definite action be taken by the City Coun- cil, for this reason; as stated by members of the Council it is for the benefit of the two mentioned firms. That is true in part only; it is a through street and for that reason he would recommend the Council reconsider this motion and allow engineering to deal further with the Austin Company and the South Bay Plaza Company, whereby they would be invited to pay the just portion of the expense, taking into consideration the City's expense. Motion died for lack of a second. Moved by Fessman, seconded by Allen, the matter of the signalized orcesing at Montgomery Ward Plaza Highland Avenue intersection be referred to the City Manager and the City Engineer for guidance for them to associate with the private parties involved to negotiate for the installation of such signals. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the request made by the Police Department for an ordinance to provide for the prohibition of dropping dirt from trucks upon the streets of National City; the last session of the Legislature adopted an amendment to the Vehicle Code whioh became effective on September 18th of this year which specifi- cally provides for such a prohibition. It was therefore the recom- mendation of the City Attorney that the authorization,to draw the ordinance be rescinded. Moved by Fessman, seconded by Hollingsworth, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. 11/10/59 153 ATTORNEY CURRAN stated with reference to the action at the last meet- ing pertaining to noise, it is important we have a better understand- ing of the present ordinance, namely Ordinance No. 739. The language of Ordinance 739 is very broad and has an outright prohibition a- gainst excessive noises. The motion made at the last meeting was to include loud pipes, excessive blowing of horns, squealing of tires and other types of reckless driving. One of those items, excessive blowing of horns, is specifically mentioned in Ordinance 739. All of those items are items which are covered under the general provis- ions. As to what the intent of the Council would be as to specifi- cations of other types of reckless driving he would need clarifica- tion in order to spell that out in the ordinance in the event the Council feels these items should be specifically listed, even though under the terms they are prohibited at the present time. There should be further clarification in this matter. Moved by Allen, se- conded by Hollingsworth, this be postponed until Councilman Hart returns. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he has notioed on the weather reports on television that Joe Marciano includes Chula Vista's temperature read- ings, the only City in the County they don't mention is National City. Moved by Allen, seconded by Pessman this be referred to the Chamber of Commerce for whatever committee it comes under to see what they can do about it. Carried, all the Council present voting aye. APPOINTMENT OF TWO MEMBERS ON PARK AND RECREATION ADVISORY BOARD was presented at this time. COUNCILMAN ALLEN stated he would recommend Harold Spauldixtg,.and Jay Sutcliffe asked. Moved by Allen, seconded by Fessman, these two individuals be appointed to the Board. MAYOR HODGE suggested the Board be increased from seven members to nine members, and Mr. Wilson and Mrs. Kemp be reappointed. COUNCILMAN FESSMAN withdrew his second to the motion; and COUNCILMAN ALLEN with- drew his motion. Moved by Fessman, seconded by Hollingsworth, the composition of the Park and Recreation Advisory Board be increased in number from seven to nine members; that Mrs. Kemp and Mr. Wilson whose terms have expired, or are expiring, be reappointed, and that Mr. Spaulding and Mr. Sutcliffe be appointed to fill out the number to nine. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Absent: Hart. NOTICE PROM SAN DIEGO COUNTY WATER AUTHORITY was presented, stating the Water Problems Committee will hold a meeting on Thursday, Novem- ber 12th in the Authority Headquarters, 2750 Fourth Avenue, San Diego. 11/10/59 154 COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES was read, relative to the meeting to be held Friday, November 20th at the Officers' Club at Ream Field, Imperial Beach. REPORT FROM BUILDING INSPECTOR was read, relative to lot grading violations, 1936 La Siesta Way, owner Charlee Branson, and Levelon Builders, Inc., building contractor. It appears several violations of City ordinances have been violated as follows: 1. Section 2801 City Ordinance 840, Uniform Building Code. 2. Section 1, City Ord- inance 837, Excavation Ordinance. 3. Violation of statements made on building permit application. It was recommended this matter be referred to the City Attorney to determine what proper action should be taken. CITY MANAGER BIRD recommended it be referred to the City Attorney to bring the necessary action under the ordinances. Moved by Fessman, seconded by Allen, the recommendation of the City Mana- ger be approved. Carried, all the Council present voting aye. COMMUNICATION FROM B. J. OLSEN, owner of Happy Hollow Trailer Park, was read, stating from the time the trailer park was licensed to operate in 1953 the City of National City has collected a sewer rent fee of $20.00 per month. As the only property owner within the in- corporate limits of National City required to make this payment, it is requested that future relief of this fee be considered by the City Council. CITY MANAGER BIRD stated the $20.00 fee was made a condition of the zone variance which was requested at that time. The facts stated by Mr. Olsen are true, he is the only owner within the City who is paying in addition to his property taxes, and has paid his fee for his sewer hookup and who is being charged a sur- charge of $20.00 per month. CITY MANGER BIRD recommended this be referred to him to bring back a complete report of the zone variance, to whom it was granted at the time, and all the other pertinent data to be submitted to the Council at the next meeting. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be ap- proved. Carried, all the Council present voting aye. COMMUNICATION FROM BUILDING AND SITE COMMITTEE OF THE CHAMBER OF COMMERCE was read, requesting consideration be given to the granting of a long term lease at a nominal fee for the property located at the northwest corner of 16th Street and "B" Avenue, to be used for a new Chamber of Commerce office building site and parking area. Moved by Allen, this be referred to the Finance Committee for the setting of the fee. Motion died for lack of a second. CITY MANAGER BIRD stated he would recommend it be referred to the Finance Commit- tee. Moved by Fessman, seconded by Allen, this be referred to the 11/10/59 155 Finance Committee to determine what will be a reasonable fee, and would like as a member of the Committee to go look at the site. Carried, all the Council present voting aye. COMMUNICATION FROM iYLE CONWAY was read, stating he has moved to Poway and is no longer eligible to be a member of the Civil Service Commission. CITY MANAGER BIRD recommended the resignation of Mr. Contway be accepted, and the City Clerk be authorized to present Mr. Contway with a plaque from the City, the usual scroll which is given for service rendered to the City. Moved by ,Allen, seconded by Pess- man, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN presented the name of Elmer Harwell, who has just retired from Federal Civil Service, for consideration as a member of the Commission. APPLICATION FOR OFF SALE BEER AND WINE BEVERAGE LICENSE by Speedee Mart #18, 3440 E. 8th Street, was presented. REPORT FROM POLICE CHIEF SMITH was read, stating he has contacted the Liquor Control Board as this location at present is under construction, and is di- rectly across the street from the Ira Harbison School. They in- formed him their investigator will be out to check this location within the next two weeks. Ordinarily, according to the Board, if the location is within 200 feet of a public school they almost al- ways conduct a public hearing. Arrangements have been made to talk to their investigator when he conducts his investigation; therefore it is requested the recommendation from the Police Dept. be for- warded after they have conversed with the investigator from the Liquor Control Board. Moved by Allen, seconded by Pessman, the mat- ter be held over for a further report from the Chief of Police. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he is in receipt of a warrant from the California Water & Telephone Company in the sum of $4,050.62, which is a refund from the estimated cost of .the 12 inch line installed on the tidelands. It was the Manager's recommendation the warrant be accepted and deposited in the Harbor Fund. Moved by Fessman, se- conded by Hollingsworth, the City Manager's recommendation to accept the refund oheok and deposit in the Harbor Fund be approved. Car- ried, all the Council present voting aye. CITY MANAGER BIRD reported he is in receipt of permit and all the stipulations from the Gas and Electric Company relative to the in.. stallation of the Fire Alarm System, and recommended it be referred to the City Attorney to go over the provisions of the permit. Moved by Hollingsworth, seconded by Easement the City Manager's recommen- dation be approved. Carried, all the Council present voting aye. 11/10/59 156 COMMUNICATION FROM 0. D. ARNOLD & SONS was read, stating they have • now completed the fence on the rear line of Lots 1 thru 4 on Arnold Estates, Unit #1 at 8th and Plaza Blvd., as agreed in their letter dated October 21, 1957. Instead of a five foot board fence, they have built a block wall 8" thick and five feet high, thereby elimi- nating any drainage problem. CITY PLANNER STOCKMAN stated it was the decision of the Council and also of the Planning Commission:that some type.of a fence should be erected to protect the people in the area, and it was agreed a board fence would be satisfactory. 'However, since that time they have felt it would be more advisable to put up a, concrete block fence. Mrs. Stockman stated before she can release Arnold's bond this must be approved by the Council. Moved by Alien, seconded by Pessman, the City Attorney make the necessary correction in_order to release the tight board fence in place of the concrete Wok wall, and if necessary a resolution be prepared. Carried, all the .Council present voting aye. COMMUNICATION PROM SAN DIEGO TRANSIT SYSTEM addressed to the Manager of the Chamber of Commerce, was read, relative to the possibility.c f plaoing on display one of the new transit coaches which will be placed in service on the Route 0 line serving National City after the middle of December. They plan to have this coach on display be teen 9 A.M. and 4 P.M. on Wednesday, December 16th, and would like to.display it on the east side of National Avenue in front of the Owl;Drug Store, at the corner of 8th and National. COMMUNICATION FROM CHAMBER OF COMMERCE was read, requesting permission from the pity, on behalf of the San Diego Transit System, for permission to display one of their coaches, in accordance with their request._: Moved by Pessman, seconded by Allen, permission be granted. Carried, all the Council present voting aye. COMMUNICATION FROM DEPARTMErT OP PUBLIC HEALTH was read, relative to Ordinance No. 1970 which amends Ordinance No. 1258, referred to in health agreements between the County of San Diego and various incor- porated cities. CITY4JANAGLR BIRD stated this new series agreement should be referred to the Building Inspector and City Attorney. Moved by Allen, seconded by Fessman, this be referred to the Build- ing Inspector and city' Attorney. Carried, all the Council present. voting aye. REPORT FROM THE FINANCE COMMITTEE was read, recommending a communi--.y cation from SOS Children's Villages requesting financial support be" referred to the National City Ministerial Association. Mr. Don Norman requested the Committee to inform him how he could aoquire dertain portions of City owned land adjacent to property owned by 11/10/59 157 him. A motion was made by one member of the Committee the City lease the property to Mr. Norman for ten years. It was the recom- mendation of the Finance Committee the City Manager's recommendation be approved and referred to the City Council; the City Manager's re- commendation being that the sale of the property, in its entirety which consists of Lots 15 through 22, inclusive in Block 47, City Plat, and the south one-half of 17th Street adjacent to Lot 22 and the east portion of the closed alley be declared by the Council as surplus property, and put up for sale by the City by proper adver-. tieing. A communication from the Chief of Police requesting addi- tional patrolmen, CITY MANAGER BIRD stated he thought we could han- dle two additional patrolmen. The Committee recommended the hiring of two new patrolmen. Moved by Allen, seconded by Fesaman, the re- commendation of the Finance Committee be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked if the City Mona.» ger wished to set a minimum price for the property requested by Mr. Norman. CITY MANAGER BIRD stated he was in no position to set a price, but thought the Council should set a minim price on this property. Moved by lessman, seconded by Hollingsworth, the matter of a minimum bid be referred to the Finance Committee for study. Carried, all the Council present voting aye. REPORT PROM THE PINANCE COMMITTEE stated City Manager Bird presented the procedure for selecting an architect for a City Hall and that a queetionaire had been mailed to architects in the area, The Commit- tee then recommended to the Council, unanimously, that December 15th be the termination date of receipt of answers to our q,uestionaire. CITY MANAGER BIRD -stated he would like to place the questionaire on file in the City Clerk's office. REPORT FROM THE HARBOR COMMITTEE was read, stating Messrs. Murray were present on behalf of their firm to negotiate the lease of three to four acres of tidelands. The land would be used for lumber stor- age and possibly a mill operation and office at some later date. After considerable discussion relative to terms, it was the recom- mendation of the Committee a lease be made with the Carousel Lumber Company on the same tease as the Mueller Trucking lease for a period of 48 years. Moved by Allen, seconded by Hollingsworth, that portion of the Harbor Committee's recommendation be approved. Councilman Allen said he would like to change his motion to have in this recom- mendation the increase up to eleven cents, the maximum level, after 25 years. Councilwoman Hollingsworth, approved the change. CITY MANAGER BIRD stated there were no terms determined other than the fact it would be the same terms as spelled out in the Mueller lease, 11/10/59 158 and it was to be graduated for the balance of the period to the 48 years, similar to the Sullivan lease. If the Council so wishes, he recommended this be referred to the City Attorney to contaot, or be contacted by the Attorney for Carousel Lumber Company, and there can be supplied to the City Attorney a copy of the Mueller lease which spells out the terms as far as it goes, and the Sullivan lease can be furnished to him to carry it up to and including the eleven cents. The lease can be drawn and submitted back to the Council before any further action is taken. COUNCILMAN ALLEN stated he would include in his motion this be referred to the Attorney, as recommended by the City Manager. COUNCILWOMAN HOLLINGSWORTH stated she would in- clude that in her second. Carried, all the Council present voting aye. Moved by Fessman, seconded by Allen, the Mayor be authorized and requested to appoint a committee consisting of at least three, and possibly five qualified citizens who could advise the Harbor Committee in this respect. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read relative to a communication from Attorney Max B. Ruffcorn, Jr. It proposed termination of the National Plating & Processing Company of Texas lease on Parcel 2B and in turn lease that parcel to Marine Transport, Inc., a trucking and storage concern. The Committee recommended acceptance of a lease approved by the City Attorney with terms the same as the Mueller lease for a period of 25 years. Moved by Allen, seconded by Hollingsworth, this be laid over until another Council meeting so the Council may have time for further study. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read regarding the petition for a small boat ramp. Moved by Allen, seconded by Fessman, the recom- mendation of the Harbor Committee be approved; that we take no par- ticular action on it until after we have received the recommendation of the Park and Recreation Advisory Board. Carried, all the Council present voting aye. CITY CLERK'S AFFIDAVIT OF POSTING NOTICE OF FILING ASSESSMENT AND FIXING TIME OP HEARING ON HIGHLAND AVENUE FROM 4th STREET to 8th STREET; also AFFIDAVIT OF MAILING NOTICE OF PILING ASSESSMENT AND FIXING TIME OF HEARING THEREON (HIGHLAND AVENUE FROM 4th STREET TO 8th STREET) were presented. Moved by Allen, seconded by Fessman, the Affidavits be filed. Carried, all the Council present voting aye. 11/10/59 159 REPORT FROM THE PLANNING COMMISSION was read, relative to grant deeds and 10 foot temporary construction easements received from Lawrence F. Nelson and Charlie and Rillie Branson, relative to an additional dedication of La Siesta Way to a fifty foot right-of-way in place of the original twenty foot alley. The Commission recommended ae- centance of the deeds and easements. Moved by Allen, seconded by Fessman, the recommendation of the Planning Commission be approved and referred ,to the City Attorney for the necessary resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding the proposed new Zoning Regulations with su?n Ary of hearings and Planning Com- mission Resolution No. 17 (N.S.) recommending the adoption by the City Council of the City of National City new zoning regulations, including a new zoning map. The Commission recommended adoption of the ordinance as read, including the zoning map as presented at their meeting of November 9th. Moved by Allen, seconded by Fessman, the recommendation of the Planning Commission be approved, and the mem- bers be highly congratulated, and a public hearing be set for Dec- ember ist and the Attorney be instructed to prepare the necessary documents for the Council. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated approximately two years ago the Council appointed Mr. Bradley and herself to the Industrial Coordinating Council; and since that time we have done considerable work. If it is the desire of the members that the Council, to reaffirm the ap- pointments. Moved by Allen, seconded by Fessman, the reappointments be made. Carried, all the Ccuncil present voting aye. COUNCILWOMAN HOLLINGSWORTH asked the City Manager if he followed a new pattern when the lights were installed on Highland Avenue be- cause it looks like "a great white way" and National Avenue is not like that, CITY MANAGER BIRD stated the plan on Highland Avenue is identical to the plan on National Avenue. The candle power per foot differential between Highland Avenue and National Avenue is minimum; it is slightly brighter on Highland Avenue because of the width of Highland Avenue in relation to the width of National Avenue. This new contract is a continuation; the lights are placed identically on the same plan as National Avenue, they are not on the same plan as 12th Street, which is more adequately lighted than either High- land Avenue or National Avenue. There was a request by the Downtown Merchants Assn., and at that time Mr. Bird said he had the lighting 11/10/59 160 experts of the Gas Company run meter testa, and we find we are well above the lighting required by all of the safety engineers for traffic situations on the streets. Mr. Bird said if Councilwoman Hollingsworth wished he would have the Gas Company again make a light meter reading on both streets and give her a report on it. The spacing is practically the same; there are deviations because of variances of intersections. Moved by Pessman, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:16 P.M. ATTEST: G�ITY CLERK Q. /L.L m_ MAYOR, CITY OP kATIONAL CYTY, CALIPORNIA 11/10/59