HomeMy WebLinkAbout1958 11-18 CC MIN174
National City, California, November 18, 1958
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, Hart, Hollingsworth, Hodge. Council members absent: None,
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux,
Holgate, Lill, Stockman.
The meeting was opened with pledge of allegiance to the Flag, fol-
lowed by invocation by Rev. Robertson.
Moved by Hollingsworth, seconded by Hart, the minutes of the meeting
of November 5, 1958, be approved. Carried, all the Council present
voting aye.
ORDINANCE NO. KAN ORDINANCE OF INTENTION TO VACATE AND CLOSE
26th STREET BETWEEN -HIGHLAND AND "F4 AVENUES AND A PORTION OF G°
AVENUE IN THE CITY OF NATIONAL CITY; CALIFORNIA', was presented for
the second and final reading„ Moved by Fessman, seconded by Hart,
the second reading of the Ordinance be waived, and adopt it by title
only. Carried, all the Council present voting aye.
ORDINANCE NO. 938, 'BAN ORDINANCE OF INTENTION TO VACATE AND CLOSE
26th STREET BETUWEEN-HIGHLAND AND °F° AVENUES AND A PORTION OF °Gs.
AVENUE IN THE CITY OF NATIONAL CITY, CALIFORNIA°. Moved by Fessman,
seconded by Hollingsworth, the Ordinance be adopted. Carried, all
the Council present voting aye.
CITY CLERK ALSTON stated the Traffic Safety Committee had a meeting
November 12th, but to date she has received no report.
CITY ATTORNE CURRAN reported Bond No. S 1216724 issued by Fidelity
and Casualty Company of New York with Gady Braker as principal, for
a sidewalk license bond, is in proper form, and recommended it be
accepted and filed. Moved by Hart, seconded by Fessman, the recom-
mendation of the City Attorney be approved. Carried, all the Coun-
cil present voting aye.
ATTORNEY CURRAN reported the Certificate of Insurance, and copy of
policy attached thereto issued by Royal Indemnity Company satisfies
the requirements of the lease which National Plating & Processing
Go. of Texas has with the City, and recommended the Certificate and
attached policy be received and filed. Moved by Hart, seconded by
Fessman, the Attorney's recommendation be approved. Carried, all
the Council present voting aye.
ATTORNEY CURRAN reported that three policies of title insurance is-
sued to the City should be approved and filed, as follows: Union
Title Insurance Company, Iolicy No. 639537; Land Title Insurance
Company, Policy No. 141926-C; Lah.l Title Insurance Company, Policy
No. 141924-C. Moved by Haat, seconded by Fessman, the policies of
title insurance be approvE,J a a .tiled. Carried, all the Council
present voting; aye.
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175
CITY ATTORNEY CURRAN stated there was a request from the City Engin-
eer as to the opinion of the City Attorney with reference to the
proposed Paradise Creek Drainage Project. The City Attorney has
examined drawing No, 500-L of National City's City Engineering De-
partment, has reviewed the report of James M. Montgomery, the Con-
sulting Engineer, and also the records of the City Engineer pertain-
ing to this proposed project. After such review, it is the opinion
of the City Attorney the City of National City does have the auth-
ority to construct the proposed Paradise Creek Drainage Project as
it is shown on drawing 500-L of National City's City Engineering
Department. It is the Attorney's further opinion when the facilit-
ies are constructed, they can be maintained by the City of National
City. The City Attorney feels it is appropriate, however, to issue
a caveat, that the mere possession of such authority does not mean
the City cannot be held responsible in damages with reference to
the construction or the maintenance of the project.
ATTORNEY CURRAN stated he has reviewed the minutes of the meeting
of the Small Craft Harbor Commission on September 10, 1958 and there
is one matter in the minutes which is of interest to National City,
not directly, but indirectly; that is the fact the Chief of the
Rivers and Harbors Section of the U. S. Army Corps of Engineers pre-
sented to this Commission a resume of the Army Corps of Engineers
project in the Southern California area scheduled for Federal aid
in the near future. This ties in with the reference which has prev-
iously been made to the City Manager, City Attorney, and City Engin-
eer with reference to the possibility of securing funds from the
Federal Government to assist in the drainage program of National
City.
ATTORNEY CURRAN reported that on November 7, 1958 he met at Los
Angeles with the Attorney for the South Bay Irrigation District,
the Bond Attorneys, the Engineering representative of Leeds, Hill
& Jewett, and a representative of Stone & Youngberg, with reference
to the possible amendment to the Joint Powers agreement between
National City and South Bay Irrigation District. It is proposed
that a draft will be drawn by the Bonding Attorneys after which the
Attorneys and the Engineers will again confer on the matter prior
to submitting any proposed changes to either the South Bay Irrigat-
ion District or to the City Council.
ATTORNEY CURRAN reported in regard to a petition filed last meeting,
and a matter in which Mr. Egger appeared before the Council. Exam-
ination of the petition shows that the letter of transmittal on its
face contains this paragraph: "I understand that many of these of-
fenses are covered by the California Vehicle Code, but I feel that
a specific municipal ordinance carrying much heavier penalties would
be easier to enforce°. Attorney Curran stated the paragraph points
out the difficulty which this petition presents, which is a prop-
osition of law, that no matter how anxious the authorities in the
City are to take care of certc:,,a,i problems, in thosrsituationsin
which the State has exclusively occupied the field, it is absolutely
impossible for the City to mc:,ke any regulations whatsoever. This
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176
principle has come up in a couple of cases recently decided by the
Supreme Court of the State of California, and rather than relaxing
the principles, the Supreme Court of this state has made it even
more firmly a part of the law of California. That is true to the
extent there is considerable discussion among certain City officials
with reference to going to the Legislature and attempting to secure
from the Legislature authority in certain fields which will give the
City home rule rights to solve certain of these problems which are
within the jurisdiction of the State of California. It is very clear
that the matters covered by the California Vehicle Code are exclus-
ively within the jurisdiction of the State.
EGGER, L. J., 43 "L" Avenue, ..vas present and stated he is interested
in the anti noise situation.
LA CASSE, EDMO D L., 2120 Highland Avenue, waspresent and stated he
has taken it upon himself to start proceedings for the widening of
Highland Avenue from 18th to 30th Street, and it is his understand-
ing the Council bas given. some authority to do this work. Mr. La
Casse said he would like to know what percentage of the cost the
people will have to pay, and the percentage the City will pay.
MAYOR HODGE said that cannot be stated at this time, it will have to
wait until the petition comes in and have an engineering report and
estimated costs, and then you still cannot tell definitely as you
have to wait until the contract is awarded. Mr. La Casse asked for
authority to circulate the petition. CITY ENGINEER LILL stated no
authority is required to circulate the petition, it is the right of
the citizens to petition the governing body for certain improvements.
EGGER, L. J., 43 sL:c Avenue, was present stated he is under the im-
pressian that the petition he presented is being dismissed, and wond-
ered what is going to be done. MAYOR HODGE stated it is not being
dismissed, the problem is with the Police Dept. If you have a prob-
lem in regard to an ordinance that is not being enforced, the place
to take it is to the Police Dept., if you are not satisfied there,
then you should take it to the City Manager, and then if not satis-
fied present it to the Council. Mr. Egger stated he took it to the
Chief of Police and to the City Manager. CITY MANAGER BIRD stated
as he understood the report of the City Attorney, he merely pointed
out that one portion of the petition, or wording in the petition,
he was pointing out for the education of the Council as well as
those here in the audience, that the City is powerless to create an
ordinance to enforce a part of that part which effects the Californ-
ia Vehicle Code. Mr. Bird said he did not understand from the City
Attorney's report the matter of a noise ordinance was a dead issue,
he believed this matter was referred to the City ilttorney as well as
to the Chief of Police, and the Chief of Police is submitting a re-
port and he expects there will be, if Council so orders the Attorney
to prepare it, an ordinance controlling sound and noise in the City
of National City,
HEARING ON CLOSING OF 23rd STREET BET VE.t J 4P AND AVENUES, was
held at this time. CITY CLERK ALSTON stated -she received no written
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177
protests. MRS. LEONARD SMITH, 23rd and '14 %venue, was present in
regard to rights and ownership of the property to be closed. Moved
by Hollingsworth, seconded by Hart, the hearing be closed and re-
ferred to the City Attorney for preparation of the proper resolution.
Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hol-
lingsworth, Hodge. Nays: Allen. Absent: None,
BILLS AUDITED BY THE FINANCE COMiMIITTEE presented:
General Fund $23,528.92
Traffic Safety Fund 10,890.47
Park Fund 544.96
Retirement Fund 937.25
Harbor Fund 1,455.98
Special Street Fund 2,697.56
Drainage Fund 5,315.85
TOTAL $45, 370.99
Moved by Hollingsworth, seconded by Allen, the bills be approved
for payment and warrants drawn for same. Carried, by the following
vote to -wit: Ayes: f11en, Fessman, Hart, Hollingsworth, Hodge.
Nays: None.
RESOLUTION NO. 7341 was read authorizing the following payment from
the Capital Outlay Fund: San Diego Pipe & Supply $13.98 for supplies
for Las Palmas Park. Moved by Hart, seconded by Fessman, the Reso-
lution be adopted. Carried, all the Council present voting aye.
RESULT OF BIDS for Improvement of Highland .venue from 8th to 18th
Street, held over from the last meeting, was presented. CITY CLERK
ALSTON stated the amount of bids were read at the last meeting but
the contract was not awarded, Moved by Hollingsworth, seconded by
Fessman, that R. E. Hazard Contracting Company be awarded the con-
tract, as the lowest bidder. Carried, by the following vote to -wit:
Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Hart.
COMMUNICATION FROM THE OLIVE400D CLUB was read stating the members
wish to commend the splendid cooperation of the National City Police
and Fire Departments in providing drivers and escorts for their tour
of the City during the recent Border Cities Conference. Moved by
Alen, seconded by Hollingsworth, copies be sent to the Fire Chief
and Police Chief, and the communication be filed. Carried, all the
Council present voting aye.
REPORT OF THE CITY TREASURER for the period ending October 31st, was
presented. Moved by Hart, seconded by Fessman, the report be filed.
Carried, all the Council present voting aye.
COPY OF PETITION FROM H. G. MORGAN, REAL ESTATE, addressed to the
Planning Commission, was read stating the signers of the petition
are against the proposed Split Lot Subdivision Ordinance. The pet-
ition was signed by ten persons. Moved by Fessman, the petition be
filed. COUNCIU aVL N HOLLINGSVlORTH asked the City Planner if she
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178
thought this petition was against the original ordinance or the one
they have been recently working on. CITY PLLN NER STOCKMLN stated
this particular petition was presented to the Planning Commission
at their regular meeting on Nov. loth, and it is her belief it is
on the original one. Motion seconded by Hollingsworth. Councilman
Lllen stated the President of the Realty Board, the Chairman of
the National City -Chula Vista Board of Realtors Planning Commission,
is in the audience. There was a meeting held last night in this re-
gard, and he would like to have Mr. I.11ey, if he would be willing
to explain some of the things they think should be done to augment
and help this situation, instead of hurting it. ItR. l,T,[J Y stated
they did have a committee meeting last night, but the way they op-
erate the Board, they take back to their Board of Directors their
recommendations for the Board's approval, so whatever suggestions he
would present today would not have Board approval. Motion seconded
by Lllen. Carried, all the Council present voting aye.
COdMUNICLTION FROM UNIVERSITY OF CLLIFORNIL was read relative to
First International Conference on Waste Disposal in the Marine En-
vironment, Summer 1959, Berkeley. MLYOR HODGE recommended the com-
munication be referred to the Harbor Committee. COUNCILM N FESSIVI',N,
Chairman of the Harbor Committee, stated he is cognizant of this
problem and what is being attempted. We were approached about a
year ago by a local firm who was thinking about going into the bus-
iness of marine disposal of rubbish, the communication at the pres-
ent time is a matter that interests those higher in Government than
we are, because if they approve it, it will be permissive for us to
do so, and if they object, we will not be able to use that means of
disposal; at the present time, it is not of too great interest to
us. Moved by Fessman, seconded by Hart, the communication be filed.
Carried, all the Council present voting aye.
COMMUNIC..TION FROM NLTIONLL CITY -COL, VISTA. BOARD OF REI.LTORS was
read regarding proposed Split Lot Subdivision Ordinance. The Board
would welcome an opportunity for discussion on the matter with the
Planning Commission at a later date other than November 10th. Moved
by Fessman, seconded by the letter be filed due to the fact
the events have already transpired which makes it obsolete. Car-
ried, all the Council present voting aye.
CITY CLERK ..LSTON presented the annual report of the City auditor
for the period ending June 30, 1958, and it will be on file in her
office. Mr. Bonnell stated in his letter of transmittal that he is
quite pleased with the condition of the accounting records in the
City Clerk's office, and the cooperation he received. Moved by
Hollingsworth, seconded by Hart, the report be filed. Carried, all
the Council present voting aye.
COMMUNIC..TION FROM JOHN L. LONG OF CH.,MMPION HODS was read request-
ing a refund of the cash in-liew deposit in the mount of $500.00
for sidewalk and curb work. CITY CLERK LLSTON stated she referred
it to the Engineering Dept., and asked Mr. Lill if he had any re-
port to make. Moved by Fessman, the request be held over until
next meeting for a report fr:.m the City Ensiaeer. COUNCILM4.N HLRT
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179
asked the Ci y angineer if he has approved the job. CITY ENGINEER
LILL stated the work was approved today. Motion seconded by Hart.
Carried, all the Council present voting aye.
NOTICE FROM CALIFORNIA ROADSIDE COUNCIL relative to scheduled hear-
ing, was presented. The hearing in San Diego will be at 10;00 A.M.,
December 4th, Second Floor Auditorium, Chamber of Commerce Bldg.
CITY CT,F,BK ALSTON announced the meeting of the League of California
Cities in La Mesa, Friday, November 21st.
CITY CLERK ALSTON stated she received a notice from the =.rmy Engin-
eer Corps in regard to dredging, and report from City Engineer Lill
stated the proposed installation is at Camp Pendleton and dais not
concern the City of National City.
CITY GJJ RK ALSTON presented the Affidavit of Posting Notice of In-
viting Sealed Proposals on Highland !,venue, 8th to 18th Street; and
Sealed Proposals on 20th Street, c11`.ii and 434 Avenues; and Lffidavit
of Mailing Notices of the Adoption of Resolution of Intention on
Highland Avenue. Moved by Hollingsworth, seoonded by Fessman, the
Affidavits be approved and filed. Carried, by the following vote
to -wit: eyes; Fessman, Hollingsworth, Hodge. Nays; Allen, Hart.
NOTICE OF MEETING OF SMhLL CRAFT HARBORS CCUNISSION was presented.
The meeting is to be held in Monterey, November 19th and 20th. Al-
so the minutes of their meeting of October 28th was presented, and
City Clerk Alston recommended they be referred to the City .`attorney
for checking. Moved by Fessman, seconded by Allen, the recommend-
ation be followed. Carried, all the Council present voting aye.
CITY CLERK ..LSTON presented a policy of title insurance from the
Union Title Insurance Company on property the City purchased from
San Miguel School, and recommended it be referred to the Attorney
for approval. Moved by Allen, seconded by Fessman, the recommend-
ation be followed. Carried, all the Council present voting aye.
APPLICATION FOR OFF -SALE BEER &_WINE BEVERAGE LICENSE by C. B &
tine B. Tozier, Lucky trike, 2934 E. 8th Street, was presented.
REPORT FROM CHIEF OF POLICE M ITH stated .rthur F. Brown, District
Supervisor, Department of Alcoholic Beverage Control, has informed
the Police Department said application is being withdrawn as the
applicants are looking for mother location. In view of these cir-
cumstances, no further investigation can be conducted at this time.
Moved by Hart, seconded by Hollingsworth, the application be filed.
Carried, all the Council present voting aye.
APPLICATION FOR TRANSFER OF ON..SALE GENERRW BEVERAGE LICENSE by
Hi-15 Cafe, 1441 Highland Avenue, was presented. REPORT FROM PO-
LICE DEPT. stated investigation discloses no grounds for protest
of this application. Moved by Allen, seconded by Hart, the appli-
cation be filed. Carried, all the Council present voting aye.
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180
CITY CLERK ALSTON stated on September 23rd we sent a resolution to
the County Board of Supervisors requesting cancellation of taxes
on certain property, and today she received a confirmation of same
from the Board of Supervisors. Moved by Fessman, seconded by Hart,
the communication be filed. Carried, all the Council present vot-
ing aye.
COMMUNICATION FROM MRS. E. F. 4.RREGUI was read requesting a refund
of $245.00 paid on sewer permit fees, June 27, 1957. REPORT FROM
CHIEF BUILDING INSPECTOR BIGGS was read stating Sewer Permit #2827
was issued June 27, 1957 in the amount of $245.00 to serve an un-
occupied portion of Lot 40, Rancho Hills Subdivision No. 5. 0n.
October 10, 1958, Sewer Permit #3413 was issued in the amount of
5245.00 to serve a proposed dwelling on a portion of Lot 40 Rancho
Hills Subdivision No. 5. .°=n investigation of the legal descriptions
indicates that both permits were issued to serve the same property,
therefore, it is recommended that the 6245.00 duplicate fees (Permit
#3413) be refunded to Mrs. ..rregui. Moved by Hart, seconded by
Allan, the refund of $245.00 be approved. Carried, by the following
vcbeto-wit: =..yes: ;11en, Hart, Hollingsworth, Hodge. Nays:
Fessman. COUNCILMAN FESSM N stated he thought perhaps Mr. Bird
had something to say in this regard. CITY IV&,SAGER BIRD stated we
made an extension sewer there. Moved by Hart, seconded by Fessman,
the action be rescinded, and referred to the City Manger. Carried,
by the following vote towit: Ayes: :111en, Fessmann, Hart, Hollings-
worth, Hodge. Nays: None.
COMMUNICATION FRCMI THE METROPOLIE.N WATER DISTRICT was presented
in regard to the City i s declaration of intention whether we wish
to pay any portion of taxeslevied for the 1959-60 year. Moved by
Hollingsworth, seconded by Hart, it be referred to the City £",ttorney
for the preparation of a resolution to continue to pay the fifty
percent of taxes. Carried, by the following vote to wit: Ayes:
Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None.
COMMUNICATION FROM MRS. DAVID COLVIN, 3032 Plaza Blvd., was read
stating she understands we have an anti -noise ordinance in the
making, and she is very much in accord with the move. according
to Life Magazine they are impounding cars in Pocatello, Idaho for
making too much noise, and did not see why we cannot do the same
thing in National City. Moved by .11en, seconded by Fessman, the
communication be filed. Carried, all the Council present voting
aye.
COMMUNICATION FROM T. PETE.RSON was read opposing the proposed idea
of taxing National City cat owners, and suggested the City enforce
the ordinance which rules that no dog may run loose on our city
streets. Moved by Fessman, seconded by Hart, the letter be filed.
Carried, all the Council present voting aye. COUNCTTJVL.N ALLEN
said he thought a copy of the communication should be sent to the
Police Chief.
CITY ENGINEER LILL reported the paving is completed on the 3rd and
Jci 1911 ;.ct Improvement. In regard to the Improvement of 20th
Street, HA," and Avenue, they have started paving on the first
two blocks -of :.venue Southerly of 18th Street.
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181
CITY ENGINEER LILL reported we received a petition for the Improve-
ment of IA" .venue from 4th Street to 6th Street, and was signed by
persons interested in 80% of the frontage and 79% of the area of the
property that would be within the district proposed to be assessed
for the improvement. It was recommended the project be authorized.
Moved by Fessman, seconded by ;lien, the petition for the improve-
ment of i+L" ;venue between 4th and 6th Streets be referred to the
City �',ttorney and City Engineer for processing. Carried, by the
following vote to -wit: jyes: nllen, Fessman, Hart, Hollingsworth,
Hodge. Nays: None.
CITY M4,N4,GER BIRD stated he would like to add to the Engineer's re-
port a petition adding to the loth Street project, known as the Para-
dise Drive job, has been received, and has been added to that petit-
ion. It is E. 10th Street West of Paradise Drive.
COMMUNIC,TION FROM M,.YOR D4,IL OF CITY OF S,.N DIEGO addressed to
Mayor Hodge was read stating the firm of engineers engaged by the
City of San Diego for design of a new sewerage system will make
their presentation on the basis plan to the City Council in a public
meeting to be held in the Council Chamber at 1:00 P.M. on November
25th. This basic plan, in all probability, will provide for a serv-
ice area including all the metropolitan San Diego area. If such a
plan is to be approved, it will be necessary that we determine, at
a fairly early date, whether National City wishes to have them in-
clude capacity in the design for National City's present or future
requirements. It is believed the plan will include sufficient in-
formation on capital and operating costs to permit National City to
intelligently consider this question. You are cordially invited to
attend this presentation and to bring with you your City Manager
and City Engineer. CITY Mu,N�,GER BIRD stated this is the City reg-
ular Council meeting of November 25th, and there will be a special
session called later at which time you can go over these plans and
they will be presented to you in a private session. COUNCILMaN HL,RT
said he would like to see our City Engineer attend that meeting.
COUNCILM..N FESSMA said he thought that was a very good suggestion,
but the letter stated they would like to have some indication from
National City as to whether we would be interested in participating
in the metropolitan sewer, and it is imperative that we do so.
Moved by Fessman, seconded by Hart, a communication be addressed to
the City of San Diego expressing our interest. Carried, all the
Council present voting aye.
REPORT FROM CITY ENGINEER LILL was read regarding Dike Construction,
National City Tidelands. Plans and specifications were transmitted
with the report. It is recommended bids be received for the work
at 3:00 P.M., December 22, 1958. The atchison, Topeka and S pta Fe
Railway Company and the City of Chula Vista have been furnished sets
of these specifications and advised of the planned bid opening date.
CITY MSS%,.GER BIRD recommended tie plans and specifications be ac-
cepted and the City Clerk be authorized to advertise for bids.
Moved by Hart, seconded by Fessman, tha recommendation of the City
Manager be approved. Carried, all the Council present voting aye.
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182
COMMUNICATION FROM DR. ASKEW of the Department of Public Health, was
read stating attached is a copy of the Annual Report of the Depart-
ment of Public Health and covers the fiscal year 1957-58. Moved by
Hollingsworth, seconded by Fessman, the report be filed. Carried,
all the Council present voting aye.
REPORT FROM CITY ENGINEER LILL was reed regarding the installation
of traffic signals at six intersections. It was recommended the
work be accepted by the City and a Notice of Completion be filed by
the City Clerk. Payment should be made as follows: Total cost of
work, $24,598.00; less 10% retention, $2,459..80; total due upon ac-
ceptance, $22,138.20. Less progress payments made to date;
$14,389.83, balance due upon acceptance of work, $7,748.37. CITY
NA►NAGE1t bI±U) recommended the report of the Engineer and acceptance
of the traffic signals be approved and the City Attorney be author-
ized to prepare the necessary resolution. Moved by Hart, seconded
by Fessman, the recommendation of the City Manager be approved.
Carried, all the Council present voting aye.
CITY MANAGER BIRD stated the Council received a petition, City
Clerk's Document No. 26287, requesting that existing zoning laws be
enforced at the factory located at 1831 Highland .venue, National
City, namely, elimination of the noise caused by planing machines.
This matter, by Council action, was referred to the Planning Dept.
and the Police Dept. REPORT FROM THE PLANNING COMMISSION was read
stating 1831 Highland ;venue is located in a C-3-A, General Busin-
ess District. Ordinance No. 750, Section 13, C-3-Ira, General Bus-
iness District, sub -section () - 1 Uses Permitted. 1:.11 uses per-
mitted in the R-1, R-1-S, R-2, R04, C-2 and C-3 Districts. Ordin-
ance No. 750, Section 12, C-3, General business District, Sub-
section (1.) - 2 Uses Permitted. Carpenter Shops and Cabinet Shops,
but not Planing Mills or Sash and Door Factories. Application
No. 675, dated January 28, 1958, to James A. Adams, for a cabinet
shop at 1831 Highland ..venue was approved by the Planner with the
notation that a cabinet shop was permissible but not a planing mill
or sash and door factory. REPORT FROM THE POLICE DEP1 RTI ENT was
read stating investigation of ,dams Cabinet Shop reveals it is op-
erated by Mr. Joseph Stone, who is manufacturing cabinets. There
is no power plane within the building. In view of this, it is be-
lieved there is no violatiaa of City Ordinance No. 750, Section 12.
EDMOND La CA,SSE was present and stated there is a great deal of
noise at this location, and it is difficult for the people to sleep
in the daytime who must work at night, and believed the Chief did
not get all the information. Moved by Hart, seconded by Allen, the
matter be held over until the next Council meeting to see what we
can do. Carried, all the Council present voting aye.
REPORT FROM SUPT. OF PUBLIC BUILDINGS GE.UTERE.,UX in regard to the
request of the American Red Cross for a control and reception center
in the Community Building, was read. It is Mr. Gautereaux's under-
standing from Mr. Duster, Chairman of National Gity's Chapter,
American Red Cross, that the center, if named and located for City-
wide use at the Community Building would be used in the main for
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183
natural disaster purposes and in the case that any other meetings
might be anticipated, negotiations would be made through advanced
notice for use of the premises, It is his recommendation the City
grant the request and the Supt. of Public Buildings be so instructed
to make said building immediately available to the Red Cross for use
as a control and reception center in the case of disaster. CITY
M d'LGER BIRD stated it is his recommendation the American Red Cress,
National City Branch, be granted the privilege of establishing their
headquarters in the Community Building until revoked by action of
the Council. Moved by Hart, 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.
CITY MANAGER BIRD stated at the request of the Mayor and Council of
the City of San Diego, a resolution was prepared and because of the
time element Mayor Dail had to be present in the City of iashington,
D. C., the resolution was and presented to him so it could be
forwarded to the proper Governmental officials. Mr. Bird asked the
City Attorney to present the Resolution for action by the City Coun-
cil.
RESOLUTION NO. 7340 was read, going on record favoring the establish-
ment in San Diego of a Sea Water Conversion Plant under SJR 135, and
also urging the other civic groups together with the people of Nation-
al City join with us in requesting favorable consideration by the
Department of Interior of San Diego as a site for such a plant.
Moved by Hart, seconded by Fessman, the Resolution be adopted. Car-
ried, all the Council present voting aye.
CITY MANAGER BIRD stated the application of the Standard 0i1 Company
for an over -size driveway as outlined on the plan has been reviewed
and it is recommended the application be granted, as per the plans
submitted, and the City Attorney prepare the necessary resolution.
Moved by Hart, seconded by Allen, the City Manager's recommendation
be approved. Carried, all the Council present voting aye.
REPORT FROM THE FINANCE COMMITTEE was presented. The first item on
the agenda was the request for a pistol range for the Police Dept.
Some of the members of the 1olice Dept. were present and presented
photos and plans for the pro ,osed pistol range location in Kimball
Park. After reviewing the pans Mr. bird suggested provisions be
made for restroom facilities and stands for spectators in case the
range was used for shooting matches. Officer McMartin stated the
Police Relief Association could contribute 5,000.00 for the project.
Moved by Allen, the Committee go along with making this into a
range contingent upon approval of the Park and Recreation Advisory
Board; make arrangements to repay the loan of the Police Relief As-
sociation; include plans for restroom facilities and any other rec-
ommendations of the City Manager. Chairman Hollingsworth pointed
out this iamerely a recommendation to the Council, also she would
like to include in the motion that IVIr. Bird give a report on what
financial arrangements could be made and when the Police Relief
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184
Association could be repaid. Councilman Fessman seconded the motion,
and the motion carried. CITY MANAGER BIRD stated it is the recom-
mendation of the "inance Committee that the City Council approve what
has been noted in'the minutes of the Finance Committee. Moved by
Fessman, seconded by Hart, the Council accept the recommendation of
the Finance Committee in this matter, subject to the limit.a,ions of
the motion made.
REPORT FROM THE FINANCE COMMITTEE was read relative to the sale of
city property at Fourth and Division Streets. This report states
in part as follows: "Mr. Glen Rick was present and asked if all the
property would have to be zoned for residential use. He thought if
a portion along Division in the vicinity of Euclid was zoned commer-
cial, the property would bring a higher price. If the zoning is
changed, it should be done before the sale. Chairman Hollingsworth
asked if a multiple dwelling zone would serve the same purpose. Mr.
Rick suggested_ the Council state they would entertain petitions for
the rezoning of a portion of Division Street and Euclid Avenue.
After reading the conditions in the !Establishment of Covenanta
Running with Land!, the Committee agreed to strike item seven.
It was also decided to add the following to item ten: !excepting
those advertising sale of property!. Chairman Hollingsworth re-
minded those present these restrictions and conditions did not
apply to the construction period. IVr. nick favored the restrict-
ions as corrected; he also suggested a method of payment of the
sale price. Chairman Hollingsworth asked his opinion of item five.
He suggested raising the square footage requirement. After consid-
erable discussion, the Committee agreed to raise the requirement
to 1,100 square feet per dwelling, exclusive of patio, garages,
etc. Councilman Alien asked Mr. nick if large cities like Los
Angeles pay real estate commissions on sale of City property. He
said they do. They set a percentage end suggested we announce our
commission policy prior to the sale. No recommendation was reached
on this issue. The Committee agreed to recommend to Council the
revised -conditions: 25% of the purchase price to be paid down;
the balance be paid in three equal payments in three years at 5%
interest; and a release clause, by lot, be included." COUNCILMAN
FESSIIAN stated with regard to item ten, the addition of the phrase
should also include the rental of the property also, in case a
house there should be for rent, it would be possible to advertise
it. Moved by Fessman, seconded by Allen, the phrase be accepted:
"excepting those advertising the sale or rental of the property".
Carried, all the Council present voting aye. Moved by Fessman, sec-
onded by 'Allen the 1,100 square feet per dwelling, 'as recommended by
the Finance Committee be approved. Carried, all the Council pres-
ent voting aye. COUNCILMAN FESSIviAN stated we have not approved the
matter regarding payment of the 25% of the purchase price paid down.
Also there was nothing decided about any changes in zoning, Mr. Rick
merely suggested it, but as he sees it, it is not a part of the rec-
ommendation. MAYOR HODGE asked if the Council wished to make some
recommendation in regard to zoning. COUNCILMAN HART said he thought
there should be some change in the zoning on Division Street, as
he did not think it desirable for single family residences. It
should either be multiple, R-2 or 3-4 zoning, and would probably
11/18/58
185
help sell the property if it were rezoned for some multiple dwell-
ings. Moved by Hart, seconded by Hodge, this be referred to the
Planning Commission to reconsider the zoning of the entire property.
Motion lost, by the following vote to -wit: Ayes: Hart, Hodge.
Nays: Allen, Fessman, Hollingsworth. Moved by Hollingsworth, sec-
onded by Hart, the recommendation for the pattern for the purchase
price, as read by Mr. Bird, be approved by the Council. Carried,
all the Council present voting aye. CITY MANAGER BIRD stated he
would like to recommend for consideration of the Council the City
Manager and City Attorney be authorized to prepare the necessary
documents so we can call for bids on this property; and asked what
date the Council wished to open the bids. Moved by Hollingsworth,
seconded by Allen, the City Manager and City Attorney prepare the
necessary resolution and have the City Clerk authorized to advertise
this property for sale, that the minimum price be $240,000.00.
Mayor Hodge asked if the $240,000.00 included a 10% or 5% Commission*
COUNCILWOMAN HOLLINGSWORTH stated there has been no commission estab-
lished. Mrs. Hollingsworth asked if the bids should be opened at a
Council meeting. CITY MANAGER BIRD stated he would suggest the call
be for sealed bids and be opened by the City Clerk in a Council meet-
ing. COUdCILwOMiN HOLLINGSWORTH inquired if December 16th would be
satisfactory for the opening of the bids. CITY MANAGER BIRD stated
that would be too soon to advertise this property, etc., and did
not see how it could be done before the first part of 1959. Carried,
by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollings-
worth, Hodge. Nays: None. CITY MANAGER BIRD asked if there is go-
ing to be, as recommended, a 5% commission. MAYOR HODGE stated the
motion was that the $240,000.00 be net to the City; the buyer pays
all the escrow fees and everything else, such as commission, as he
understood the motion. COUNCILWOMAN HOLLIdGSG uRTH said she stated
the minimum bid was 5240,000.00; the commission has not been decided.
Moved by Fessman, seconded by Hart, the minimum price be established
for clarification purposes as $240,000.00 minimum net to the City.
Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge.
Nays: Allen, Hollingsworth. Much discussion followed regarding the
paying of a commission. MAYOR HODGE stated the City wants
$240,000.00 net for a minimum, that is not what we expect to get,
but he believes the Council would feel that if a realty broker sold
this property that a 5% commission should be paid, at least he would,
and asked Mr. Alley how that 5% would be charged to the customer,
how would it work out as far as the realty broker is concerned.
C. C. ALLEY stated his board calls for a 10% commission on vacant
land. MAYOR HODGE said then any good member of the Board would not
handle this at less than $24,000.00 commission. MR, ALLEY stated
that is correct; and if the Council wants to sell the property he
urges they pay 10% commission. Moved by Hollingsworth, seconded
by Hart, that this property instead of being advertised for sale
that it be turned over to regular realty channels and that we will
be prepared to pay the 10% on the basis of when we receive the money
the commission will be paid; and all brokers who intend to operate
on this sale of property be required to register with the City be-
fore the auction time. MAYOR HODGE asked if that is being limited
to National City brokers. COUNCIL J04"AiAN HOLLIVGSAORTH stated she is
11/18/58
186
not. COUNCILMAN FESSIviAN said he would like an interpreation, on the
10% commission, it takes approximately $265,000.00 bid to meet the
requirements, that is with the $24,000.00 commission out of that, it
would be net to the City of approximately $240,000. Suppose a man
comes in as an individual, bidding for himself, where there is no
commission and bids $250,000.00 for it, which bid is the City going
to take. Obviously the latter one without the commission involved
would net more to the City than the first one. COUNCILMAN HART
said he thought we would have to take the real estate manos bid be-
cause it isthe highest bid. COUNCILWOMAN HOLLINGSWORTH said we
would take whichever one would net the most money to the City.
COUNCILMAN FESSMAN said he did not think we can, and asked the City
Attorney for an opinion. CITY ATTORNEY stated the question is until
the hold procedure is set up and the policy has been determined he
cannot answer it. MAYOR HODGE stated we set a policy to pay 10%
commission, 10% is $24,000.00. The question is if that bid is from
a. broker, the bid should be $264,000.00, that will include the com-
mission and net the City $240,000.00; somebody on his own canes in
and bids $$250,000.00 and that would net the City $250,000.00, which
one would the City accpet. CITY ATTORNEY CURRAN stated his answer
is still the same. If the motion as it now stands should pass,
there is no answer to the problem and Mr. Fessman is raising the
problem so it can be solved so it can be provided for in the invit-
ation for bids. COUNCILMAN FESSMAN asked if the motion could be
worded so that the accepted bid would not necessarily be the highest
bid, but the one that nets the most money to the City. CITY AT-
TORNEY CURRAN said it certainly can. MAYOR HODGE asked Mrs. Hol-
lingsworth if she would include that in her motion. COUNCILWOMAN
HOLLINGSWORTH stated she wouldbe glad to so stipulate; and this
amendment was approved by Councilman Hart who seconded the motion.
MAYOR HODGE stated the City is obligated to take the bid that nets
the most to the City, regardless of the total amount. Carried, by
the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays:
'esamp aglge .
MAYOR HODGE deolared a recess.
The meeting was called to order by Mayor Hodge. Council members
present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council memb-
ers absent: None.
REPORT FROM THE PLANNING COIV :ISSION was read relative to grant deed
received from Earl R. Severin for a strip of land eleven feet in
width, plusreturns, to be a part of the north half of 20th Street
from National Avenue to the alley east. The existing 20th Street
in this area is 40 feet wide on the south. Acceptance of this deed
will enable the street to be paved 40 feet in width with no side-
walk area on the north. Mr. oeverin does not desire to dedicate the
sidewalk area at this time. The street is to be improved under an
existing contract. The Commission recommended acceptance of the
deed. Moved by Allen, seconded by Hart, the recommendation of the
Planning Commission be accepted and referred to the Attorney far
preparation of t resolution. Carried, by the following vote to -wit:
11/18/58
1,87
Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None.
REPORT FROM THE PLANNING COMMISSION was read relative to petition
received and presented to the Commission on July 14, 1958 signed by
all the property owners owning property on 21st Street between High-
land and "F" Avenues, requesting reduction in street width from 80
feet to 60 feet which would require an additional 20 foot dedication
on the north half. The Commission recommended the variance in street
width from 80 feet to 60 on 21st Street between Highland and "F.
Avenues subject to all deeds being in the City's possession prior to
the lesser street width approval. Grant deeds received and present-
ed to the Commission on Nov. 10, 1958, signed by Margaret Lowe;
Clarence A. and Jessie A. Pope; George Geary and Charles Lee and
Dean E. Singleton for the north 20 feet of 21st Street from Highland
to 4F' Avenue. The Commission recommended the acceptance of the
deeds and the approval of the street width reduction from 80 feet
to 60 feet. Moved by Allen, seconded by Hart, the recommendation
of the Planning Commission be approved, and referred to the City At-
torney for the preparation of a resolution. Carried, by the follow-
ing vote to -wit: Ayes: Men, Fessman, Hart, Hollingsworth, Hodge.
Nays: None.
REPORT FROM THE PLANNING COMMISSION was read regarding Tentative
Subdivision Map of Graham and Bonamo Subdivision No. 2 of 17 lots,
16 lots on 15th Street east of "N" Avenue and 1 lot on the northeast
corner of 16th Street and "N. Avenue. Report from Fire Chief
Bailey advised that fire protection will be furnished the subdivision.
The Commission recommended the tentative map be approved subject to
the following provisions: 1. Installation of full improvement on
15th Street from the centerline of "N" Avenue to the permanent strip
pavement on Palm Avenue. 2. Installation of full improvement on
the east half of "N" Avenue from the centerline of 16th Street to
the north line of the subdivision. 3. Drainage from the subdivis-
ion to be handled to the satisfaction of the City. Moved by Hart,
seconded by Allen, the recommendation of the Planning Commission be
approved. Carried, by the following vote to -wit: Ayes: Allen,
Fessman, Hart, Hollingsworth, Hodge. Nays: None.
REPORT FROM THE PLANNING COMMISSION was read relative to the com-
munication from Dr. Askew, Director of Public Health and Air Pol-
lution Control Officer, was presented to the Commission for consid-
eration relative to the Citizens' Advisory Committee of San Diego
County reviewing plans of certain types of industrial installations
contemplated within the City of National City. Such review and
recommendations which would be made would be from an air pollution
control point of view and such recommendations could be adopted as
conditions of the permit. A majority of the industries named in
Dr. Askew's letter are required to apply for conditional exception
under the Zoning Ordinance of the City prior to becoming established
within the City. The Commission recommended it be a part of the
Planning Commission's procedure to check the industrial businesses
as outlined in Dr. Askew's letter through the County Air Pollution
Board before hearing them and get their recommendations. COUNCILIVMAN
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L88
FESSMAN said it has some good points, but it is possible it would
occasion delay for a potential industry to come in here waiting to
get a report back from the Air Polution Board. Moved by Fessman,
seconded by Hart, this matter be held over for further study.
COUNCIWOMAN HOLLINGSWORTH said she thought it was very well that
the County and the Cities work together and cooperate, but she is
a great believer in 4home rul0 and we are not going to let something
come into the City that would create a nuisance. Carried, all the
Council present voting aye.
REPORT FROM THE PLANNING °OMtvMISSION regarding Application for Con-
ditional Exception No. 627 signed by John S. and Jean C. Odell rel-
ative to the property at 2309-11 E. 18th Street, was read. Petition-
ers are requesting variance in lot width from 50 feet to 35.75 feet
with permission to construct an additional single family residence
on said lot with 6,064 square feet and is zoned 125 feet R-2, Two
Family Residence, with the remaining 40 feet R-1, Single Family
Residence. The Commission recommended the granting of the Except-
ion providing that blacktop or better parking is installed between
the structures for three cars with sufficient room to turn and get
out easily and limited to one single family dwelling additional con-
struction. Moved by Hart, seconded by Allen, the recommendation of
the Planning Commission be approved.. JOHN ODELL, 1644 Highland Aven-
ue, was present relative to his petition, and explained his proposed
plans. Carried, by the following vote to -wit: Ayes: Allen, Hart,
Hollingsworth, Hodge. Nays: Fessman. Moved by Hart, seconded by
Alen, this be referred to the Attorney for a Resolution. Carried,
all the Council present voting aye.
REPORT FROM THE PL.NNIdG COMMISSION regarding Application for Con-
ditional Exception No. 628 signed by Thomas P. and Emily E. Mart-
novich relative to the property at 1228 Earle Drive. Petitioners
are requesting permission to split a lot with 9,520 square feet into
two lots, one having the required 5,000 square feet minimum and the
other 4,520 square feet. The Commission recommended granting of
the Exception. Moved by Hart, seconded by Fessman, the recommendat-
ion of the Planning Commission be accepted and referred to the City
Attorney for the preparation of a resolution. Carried, all the
Council present voting aye.
CITY PLANNER STOCKMAN stated there is a deed in her office from
Virgie R. Babcock for the remaining undedicated portion of Avenue
north of 20th Street; this deed and report from the City Engineer
came in too late for her Nov. loth Planning Commission meeting.
CITY MANAGER BIRD stated it is necessary for the City to accept this
deed, we are already paving the street under a 1911 Act. Moved by
Allen, seconded by Hart, the deed be accepted. Carried, all the
Council present voting aye.
CITY PL NNER STOCKMAN reported the Planning Commission did go along
with the request of the National City -Chula Vista Realty Board and
recessed the public hearing on the lot Split Ordinance, and it will
again be submitted for their consideration on November 24th.
11/18/58
189
RESOLUTION NO. 7342 was read, accepting a grant deed from Paul L.
and Ruth B. Duckworth, dated.4ril 30, 1958. Moved by Hart, seconded
by Fessman, the Resolution be adopted. Carried, all the Council
present voting aye.
RESOLUTION NO. 7343 was read, accepting the work done by California
Electric Works for installation of Traffic Signals at Six Intersect-
ions, and authorizes the filing of a Notice of Completion and orders
that payment for the work be made in accordance with the contract,
Moved by Fessman, seconded by Hart, the Resolution be adopted. Car-
ried, all the Council present voting aye.
RESOLUTION NO. 7344 was read, "RESOLUTION OF .IiL,RD OF CONTRUT
(Highland ;venue from 8th Street to 18th Street . Moved by Fessman,
seconded by Hollingsworth, the Resolution be adopted. Carried, by
the following vote to -wit: eyes: Fessman, Hollingsworth, Hoige,
Nays: Hart.
RESOLUTION NO. 7345 was read, accepting a grant deed from Charles
Lee Singleton and Dean E. Singleton, dated Nov. 10, 1958; grant deed
from George Geary, dated Nov. 10, 1958; grant deed from Clarence
and Jessie I,. Pope, dated Nov. 10, 1958; grant deed from Margaret
i,. Lowe, dated Nov. 10, 1958. Moved by Fessman, seconded by ....len,
the Resolution be adopted. Carried, all the Council present voting
aye.
RESOLUTION NO. 7346 was read, accepting an easement from George
Geary, dated Nov. 10, 1958; easement from Clarence I,. and Jessie 11.
Pope, dated Nov. 10, 1958; easement from Margaret. Lowe, dated
Nov. 10, 1958; easement from Charles Lee Singleton and Dean E.
Singleton, dated Nov. 10, 1958. Moved by Hart, seconded by Fessman,
the Reso3'ition be adopted. Carried, all the Council present voting
aye.
COUNCILELN 1LRT stated what would be llth Street, in the area by
Penneyts, coming onto Highland venue there was an accident. The
policeman on duty there, said they should either turn and go north
or go down to 10th Street and turn with the light. Moved by Hart,
this be referred to the Traffic Safety Committee to see if it is
o.k. to cross at that point, or ascertain what their recommendations
would be. Motion seconded by i,llen, Carried, all the Council pres-
ent voting aye.
CGUNCILM, N ,IIFN stated we have two pieces of property for sale, and
asked if the same thing would apply to the other piece of property
as that proposed on the property discussed today. CITY ZTORNEY
CURILN stated that would be entirely up to the Council. M YOR
HODGE stated he did not think one policy should apply to all pieces
of property.
C0UNCILM.N FESSM:IN stated sometime ago he met with Bob Wilson, i.d-
miral Hartman and Mr. Borthwick at the San Diego Harbor Commission
11/18/58
190
office, and it is apparent and evident there is going to be some
work done in San Diego Bay, and there is nothing being done about
it, and the Government has indicated thatit would like to deal
with single authority, and asked permission of the Council to do
what he can to see if we could get the thing 4off dead center" and
try to form a County wide organization or authority the Harbor
could be developed under so we can get something done about it,
COUNCILWOM N HOLLINGSWORTH stated she will never go for a port auth-
ority, she is not going to relinquish one bit of National City,s
tidelands.-, Moved by Fessman, seconded by Hart, that Councilman
Fessmsa.be granted permission to look into this matter. Carried,
by the following g vote to -wit: .ryes: 4,11en, Fessman,Hart, Hodge.
Nays: Hollingsworth.
Moved by Hart, seconded by Fessman., the meeting be closed. Carried,
all the Council present voting aye. Meeting closed at 4:53 r.M_.
M.LYOR, CITY OF NATIOALL CITY,, C.L'iF'ORNIL
.TTEST:
CITY f:LEfK
11/18/58