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.
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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.
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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.
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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
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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.
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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
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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,
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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.
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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
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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