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HomeMy WebLinkAbout1958 05-13 CC MIN333 National City, California, May 13, 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, Fessman, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Stockman, Lill, Gautereaux, Osburn. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Clark. Moved by Fessman, seconded by Allen, the minutes of the regular meeting of May 6, 1958, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7220 was read, accepting an Individual Grant Deed from Charles and Capitola K. Craver; Edwin J. and Jane Fox; J. E. and Eugenia V. Garrett; Guy C. Wilson, Jr., and Constance C. Wilson; Edmond E. and Winnie Herrscher, dated April 25, 1958. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7221 was read, authorizing an increase of the Petty Cash Fund from $500.00 to a limit of $1000.00. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7222 was read, granting a special zone variance permit to Morris Slayen for the purpose of conducting an up- holstery, drapery shop or selling of new furniture. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7223 was read, accepting an easement from The Atchison, Topeka and Santa Fe Railway Company dated January 20, 1958. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. AGENDA FOR THE TRAFFIC SAFETY COMMITTEE for their meeting Wednesday, May 14th, was presented. Request for investigation -of traffic conditions on Edgerton Way and.N.inth Street, and request for investigation of parking conditions at -the Highland Avenue Baptist Church will be considered. ATTORNEY CURRAN reported the National Automobile and Casualty Insurance Company has served notice that Sidewalk License Bond No. 32431 issued in favor of Joe Uppenkamp should be cancelled within the 30 day period, as provided, and recommended Mr. Uppenkamp be notified to file a new bond or surrender his license. Moved by Fessman, seconded by Hart, the City Attorney's recommehd,- ation be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN made reference to the letter from the San Diego County Water Authority, dated April 24, 1958, which enclosed a copy of Resolution 5170 of the Metropolitan Water District. It i the formal action by which the previously announced intention of the Metropolitan Water District of Southern California to raise trie rate to be charged for Colorado River water was effective. Effective July 1st the water rate charged to the people of San Diego County through the purchases of the County Water Authority will be $15.00 per acre foot for untreated water, as against the S12.00 rate which does exist at the present time, against the 810.00 rate we had two years ago. ATTORNEY CURRAN reported that Glens Falls Insurance Company has issued Sidewalk License Bond No. 73-61-20 with Frank Trujillo as 5/13/58 334 principal; it is in the form required by National City ordinance, and recommended it be approved and filed. Moved by Fessman, seconded by Allen, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN made reference to the question referred to him regarding construction in Ordinance No. 750 of the requirement that construction be commenced within ninety days when a zone variance is granted. Although the language is not entirely clear, it is the City Attorney's opinion the better interpretation to be given the language is rather than having to wait until near the expiration of the ninety day period after a zone variance has been granted, a permittee should be permitted, as a part of his original application, request the period originally be extended beyond the ninety day period. Such an interpretation would present some administrative work and certainly would not be con- trary to the ordinance. However, in going over the problem, Mr. Curran said he has become apprized of a more serious problem with reference to the joint application of Mr. Hesseltine and the Safeway Stores regarding their requested variance. The agree- ment which the owners of the property, Mr. and Mrs. Hesseltine executed and recorded does not permit the City to, by its own action, cancel the requirement of the required number of cars. The adjoining property owners are specifically given rights, according to this agreement. It is therefore the Attorney's recommendation the Safeway Stores and Mr. Hesseltine immediately contact their own attorneys with reference to coming up with a procedure which would satisfy the requirements of the law with reference to the adjoining land owners, which is something the City has no control over, and is something that will have to be cleared before the City would be justified in granting a zone variance as requested. COUNCILWOMAN HOLLINGSWORTH asked if it is all right for a six months delay or does it still have to be ninety days. ATTORNEY CURRAN stated in effect what would happen, if the ordinance permits the granting of the conditional except- ion, construction to be commenced within ninety days, and immediately prior to the ninety day period the permittee may request an extension of the Planning Commission, and the Planning Commission in granting the extension, not to exceed six months, means it could go for as much as nine months, whereas if in the beginning the applicant stated that he did not feel that he could comply within ninety days and therefore requested he be given six months there would be no extension permitted, so in effect his time to that extent would be cut down. Nevertheless it appears the Council could validly, under the ordinance, in the first instance grant six months rather than ninety days. ATTORNEY CURRAN reported on the request that he ascertain the status of the property which is owned by National City east of El Toyon Park. Mr. Curran stated he has examined the records of he City and finds the following has occurred? On June 25, 1957 the Council found that the public interest and convenience required the sale of this property and fixed July 16, 1957 as the time for hearing protests against the sale. This hearing was conducted on July 16, 1957 at which time no protests, either written or oral, was made against the proposed sale. The follow- ing week the City Council authorized the sale by sealed bids p;rsuant to certain conditions. Agreement was then made by contract and printed brochures describing this property were made up and invitation to bidders was advertised throughout the United States. On )ctober 1, 1957, which was the date set for receipt of these sealed bids, only one bid was received. This bid was rejected on the bass that it was the only bids received. The Attorney for the bidder then requested that his ten percent check be returned, which was done immediately. The City Council then authorized the City Manager to ascertain, if possible, why more bids were not received and whether a greater price could not 5/13/58 335 be realized from sale of the property if multiple family dwell- ings rather than single residential units were to be built on the property. At the meeting of the Council on April 22nd the City Manager reported that representatives of three or four companies had indicated a desire to acquire and develop this land, and one of the Trust Officers of Union Title Insurance Company had requested information whether the City Council would be responsive to an offer for purchase of the land. That is the status of the property. COUNCILWOMAN HOLLINGSWORTH stated the specific thing the Council wanted to know is whether we still would have to go to bid again for all interested parties, or whether we have satisfied the disposing of property by offering for bid at one time and now would we be in a position to entertain offers by negotiation. ATTORNEY CURRAN stated the first question to be resolved in that regard is whether or not the findings almost a year ago, on June 25th, which were that the stillubeiaffectivetand todaycowhetherce orrnotired the the conditionshould avechanged and it would be necessary to have a new finding as to the public convenience and necessity. The second point is, after the bid was rejected by the City Council on the basis it was the only bid received, the Attorney for the bidder suggested perhaps others could be contacted and this bidder would be interested in negotiating further. That was last October. The picture is not clear, the matter involves one basically of policy as to the discretion of the City Council as to whether or not public convenience and necessity should be redetermined by a resolution, or whether the findings a year ago are still valid and therefore steps should be taken to perpetuate the sale. Likewise the matter of having received one bid and rejecting offers to negotiate at that time, at least until additional in- formation could be secured, would as a matter of public policy put the Council in a position where they should take any specific action to the suggestion that one bidder made on October 1st of last year. COUNCILMAN ALLEN asked if in bidding on Municipal or City owned property if it has to be sealed bids or is it possible to have auction bids the same as on an estate. ATTORNEY CURRAN stated the Council does have considerable discretion in determining how it should be sold, and that is one of the points, because a year ago it was determined the property should be sold on sealed bids. COUNCILMAN HART stated we know the offer re- ceived, and asked i ' the Council could not set a price, including a real estate fee and turn it over to the real estate people and let them sell it. ATTORNEY CURRAN stated that he believed if the Council determined the procedure suggested by Mr. Hart was the best way to dispose of the property, that by the adoption of a proper resolution, making the proper findings, the property could be put up ft:r sale. Moved by Hart, that the property be put up for sale, at a set price, including commission and turned over to the realtors. COUNCILMAN FESSMAN stated he thought it would be necessary to first determine whether or not it is still a matter of convenience and necessity to dispose of this property, and by the time the City Clerk gets her report read there will be sufficient information to show there is some opposition in selling the property, at least without giving some other con- s;.derations and thought, and suggested the Council hold up any f..rther action on this matter until later in the meeting. :JNCILMAN HART withdrew his motion. ATTORN"Y CURRAN stated that inasmuch as the Public Utilities Commission is holding further hearings today, he would request permission to leave the Council meeting to attend the Public Utilities Commission hearing in the matter of the application of the San Diego Gas & Electric Company for an increase in its rates. MAYOR HODGE granted permission. 5/13/58 336 CITY PLANNER STOCKMAN stated there is a representative of Safe- way Stores present who would like to speak before the City Attorney leaves. ROBERT WHITTED of the Percy H. Goodwin Company, representing L. Wendell Hesseltine and Fred Luxton, was present, regarding their request for a variance, and stated the reason for the applicat- ion for the 80 feet of parking was to meet the deed restrictions, of five to one, regarding the parking. The matter of the parking being less than five to one could only happen if the City re- quired part of this property for drainage easement and there would be no buildings on it if there was an easement for drainage purposes. The intent of the Safeway Stores is to have five to one parking, the only question since this was brought up in the variance application, so they would not be in a position at a later date if part of the property were given to the City for a drainage easement, where they would not have sufficient property to meet the deed restriction. The deed restriction requirement is an unilateral document involving only the owners of the property, and the only adjoining property owners in the City of National City are the owners of this property, so there are no other owners in- volved in deed restriction, and the owners of this property would be willing to change those deed restrictions in any way approved by the City of National City. ALLAN SAPP, representing Safeway Stores, was present and stated he thought if the request for the conditional exception was passed, Safeway could then construct its building. The reason this question came up, they were in touch with the City Engineer's office who informed them at some later date the City intends to bring a drainage channel through what will be a portion of the parking, and the reason they brought it out at this time is they thought it would save both the City some money and Safeway Stores by leaving that small triangular parcel of land unimproved, so when the channel is brought through, the parking lot would not have to be torn up and lights re -arranged. They are very willing to comply with the parking ratio.. ATTORNEY CURRAN stated the matter is one Mr. Eesseltine originally worked out through his Attorney with the City, and expense and time and effort can be saved if it is hand- led properly, and the Attorney who drafted those restrictions for Ir. Hesseltine is in the best position to know what he wants to propose, and that is the reason he recommended as he did, for the benefit, prpteeticn and interest of not only Mr. Hesseltine but of the Safeway Stores itself, and is the only way the matter can be expedited to the satisfaction of the two applicants. MR. SAPP said they would be perfectly willing to have Mr. Hesseltine's Attorney revamp the restrictions. MR. WHITTED asked if Mr. i-'esseltine':=. Attorney should contact the City Attorney. MAYOR HODGE said should. APPLICATION FOR TRANSFER OF OFF -SALE BEER AND WINE BEVERAGE LICENSE by Broadway Market, 234 Highland Avenue, was presented. REPORT FROM POLICE DEPARTMENT stated investigation disclosed no grounds for protest of the application. Moved by Fessrnan, seconded by Hart, the application be filed. Carried, all the C:-moil present voting aye. 'CITY CLERK ALSTON stated a copy of a communication received from Maytime Band Review was mailed to each Council member, and ...;ked if thu Council wished to make any comments. Moved by Hart, seconded by Jcllingsworth, the letter be filed. Carried, all the Council p::•esent voting aye, COUNCILWOMAN HOLLINGSWORTH stated she is, a member of the Executive Committee of the Band Review and thk:y are very am:ious to have any criticisms or suggestions. CITY CLERK ALSTON announced the League of California Cities meeting Friday, May 16th, at the San Diego Country Club in Chula Vista. 5/13/58 337 REPORT OF CITY TREASURER for month of April was presented. Moved by Hollingsworth, seconded by Hart, the report be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Mailing Notice of Hearing on Improvement of Third Street and "J" Avenue. Moved by Fessman, seconded by Hart, the Affidavit be filed. Carried, all the Council present voting aye. NOTICE FROM ARMY ENGINEERS in regard to change in Harbor Lines, San Diego Bay, was presented. REPORT FROM CITY ENIGNEER LILL stated this conforms to bulkhead and pier head locations in Chula Vista Tidelands, previously reviewed by the City Council, and does not require any action. Moved by Hart, seconded by Allen, the notice be filed. Carried, all the Council present voting aye. PETITION signed by 51 persons was read, stating they recommend a citizens advisory committee 5e appointed to study the feasibility of offering the 65 acres of land adjacent to E1 Toyon Park as a possible location for a unit of California Western University. Before definite action or decision is made on the dispositi4n of the land, it would be well to obrain a cross section of public opinion on the future use of the land. They request that the Council reconsider their action of May 6th and appoint a citizens advisory committee to make recommendations for the Council's final consideration. COUNCILWOMAN HOLLINGSWORTH said she did not think a citizens committee would be legal. The Council members are elected by the people to look out for the best interests of City finances and the progress of the City. Mrs. Hollingsworth said she did not think anyone of the Council members have the right to lease the land for a nominal fee, or to give it away, or whatever is considered as far as a university is concerned. If a university would be such an asset to National City it would have to go to the vote of the people. Mrs. Hollingsworth stated she weighed out every angle of this piece of property and presented facts and figures to substantiate her thinking. If the land is sold there are approx- imately 300 homes that could be built, and stated the possible amount of revenue the City would derive from various sources, property taxes, sales taxes, etc. We have promised the people in the area that when, and if, we sold the land we would use the money for development of City's parks, which would include E1 Toyon Park. We committed ourselves, that when, and if, the developers of this property developed Euclid Avenue, we were committed to do the 24 feet in the center, and that sum will run from $10 000.00 to $20,000.00; we also said we would develop our half of 4th Street, Palm and Division, and Mrs. Hollingsworth said she has a figure from the Engineer of $47,000.00. We are also committed, whether a university or houses go in, to a $10,000.00 sewer fee, and the estimate of Mr. Qautereaux approximately a year ago was between $62,000.00 and $68,000.00 for developing El Toyon Park. We will not have the money to do the things we have committed ourselves to do if we do not sell the land. If Cal -Western builds there it will mean the land will °be off the tax rolls, there would be no in lieu taxes and no sales tax and no increase in business to the City. Mrs. Hollingsworth stated she is not for any citizens committee. COJNCILMAN FESSMAN stated these people have requested a citizens advisory committee be appointed, and he has talked with some of the signers of the petition and some are not in favor of a university, but they would like it considered, decide whether it would be best for National City to sell the land or to take advantage and locate two or three colleges of this university there. The request should be considered, and get the opinion of the people as to what they think should be done. COUNCILMAN ALLEN said he was in accord with Mrs. Hollingsworth's line of thinking. The City at the present time has about as much property 5/13/58 338 in area as it can afford to have taken up tax free for education. MAYOR HODGE stated the people just want an opportunity to make suggestions. COUNCILMAN FESSMAN said if we get the $200,000.00 we are going to spend it, and we have worthy places to spend it, but next year we will need another $200,000.00 and we won't have any land to sell. This is the last big piece of property in National City and wondered if it should not have better use than home construction. We should not make a snap judgment on the matter. MAYOR HODGE said if we sell the property for homes there is no reason to believe we can get any more for the property than the surrounding property, because it is contiguous to, and will become the same as the surrounding property. COUNCILMAN HART said he thought we now have too many committees. MAYOR HODGE said instead of having 300 homes it would be better to have 900 homes and have it all R-4 zone, if it does not go for a university. COUNCILMAN HART said he would agree with having R-4 zoning. COUNCILWOMAN HOLLINGSWORTH said we would have to find out from the people in the area if they were willing to have R-4 zoning, it would be necessary to get an expression of opinion from all the people in the area, and it would be voted down. COUNCILMAN ALLEN said he believed if it was handled correctly we would not have that problem as he did not believe there was anyone out there who would not go for architecturally controlled multiple units. MAYOR HODGE said he believed the people in the area would rather have a university than anything else, and the next thing they would rather have is multiple units. Moved by Fessman, the Mayor be authorized to appoint a citizens group to study the problem and conditions and report to the Council their opinion. Motion died for lack of a second. Moved by Hart, seconded by Allen, the petition be filed. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays: Fessman, Hodge. COUNCILMAN FESSMAN stated he thought if the Council members did not want to appoint a citizens committee we should hold a hearing to determine whether or not the people of National City want to sell the property, the same as we did last year, before we turn it over to a real estate broker or anybody else. COUNCILMAN ALLEN asked if the City Attorney did not state it was up to the Council whether or not there had to be another hearing. Moved by Fessman, seconded by Hart, the matter be tabled until we have an Attorney present. Carried, all the Council present voting aye. APPLICATION TO MOVE A BUILDING by Wayne E. Macy was presented. The building is to be moved from one location to another on the same lot, 700 East 24th Street, and is to be used for storage. REPORT FROM THE BUILDING INSPECTOR recommended the request be granted, subject to certain conditions setforth in the report. Moved by Hart, seconded by Fessman, the request be granted subject to the conditions enumerated by the Building Inspector. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO MILK COUNCIL was presented, request- ing the Mayor to proclaim the month of June as "June Dairy Month." Moved by Fessman, seconded by Hart, the Mayor so pro- claim. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she had two policies of title insurance for property the City has recently purchased, and recommended they be referred to the City Attorney for inspection. Moved by Hollingsworth, seconded by Allen, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported our sewer problems have been taken care of with the cooperation of the Navy. The cost of the project in outside help which we had to hire, including material, etc. amounted to $1,730.51; the cost to the City as far as our own help was concerned amounted to $1,376.32, a total of $3,106.83 for renewing the lines and keeping it in service. 5/13/58 339 PETITION from property owners was presented, requesting the improvement of 16th Street from`"L' Avenue to Palm Avenue. CITY MANAGER BIRD recommended it be referred to the City Engineer for checking and report. Moved by Hart, seconded by Fessman, the City Manager's request be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a matter of payment to present to the Council for part of our contract on Tidelands Sewer. Unfortunately it was not placed for payment because of the time element as of May 6th. However, by contract we are required to pay it, and the first payment amounts to $15,388.87, which has been approved by the City Engineer as Payment No. 1 on Tidelands Sewer for the amount of work that has been done. CITY MANAGER BIRD recommended the Council approve the payment so it can be paid today. Moved by Hollingsworth, seconded by Hart, the first payment be made on the sewer contract. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM CITY ENGINEER LILL was read regarding the improvement of McKinley Avenue from 14th Street to 24th Street. It is re- commended the work be accepted by the City and that a Notice of Completion be filed. Payment should be made to the Daley Corp., Contractor, as follows: Progress payments made to date: None. 90% of cost of work due upon acceptance, $53,775.30; 10% of cost of work due 35 daya after acceptance, $5,975.03; total cost of work $59,750• . Payment should be made from the follow- ing funds: Gas Tax, $5,000.00; Special Street Fund, $14,750.33; total, $59,750.33. RESOLUTION NO. 7224 was read, accepting the work done by the Daley Corp. for the improvement of McKinley Avenue, 14th Street to 24th Street, and authorizes the filing of a Notice of Complet- ion and orders payment for said work be made in accordance with the contract. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO CONVENTION AND TOURIST BUREAU was read asking support for the coming fiscal year. To do the job adequately they must have increased support. On the proportion- ate formula, using the last population figures available for National City (over 31,700 people), National City's share would be $634.00, and urges the City to give this serious consideration. ANOTHER COMMUNICATION was received from the Bureau which had the literature and budget enclosed, and stated they would be glad to appear before the Council or at any budget hearing to give further information and answer any questions. CITY MANAGER BIRD recommended it be referred to the Finance Committee. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD asked Mr. Gautereaux if we were about ready to propose a tentative date for dedication of the swimming pool. ,SUPT. OF PARKS AND RECREATION GAUTEREAUX stated it possibly .will be between the 25th and 30th of June before we can state definitely the tentative date. COUNCILMAN HART asked if the parking facilities will be ready at that time. MR. GAUTEREAUX stated the parking area has to be completed, but hope by that time we will be ready on an emergency basis at least. REPORT FROM THE PLANNING COMMISSION was read regarding grant deed received from Angie and William S. Kostakos, relative to the dedication of Seventh Street, 70 feet in width, between "R" and S Avenues. The proposed dedication contains the existing channel of Paradise Creek. The Commission recommended the deed be accepted. Ease'ncnt for street purposes received 5/13/58 340 from Roy H. Allen, signed by Cecil F. Allen, Attorney in Fact, for a portion of "S" Avenue south of Sixth Street. The Commission recommended acceptance of the easement. Grant deed received from Howard L. and Gertrude Morrison and Harlan D. and Lona Christensen relative to the west half of "I" Avenue in the 1700 block. The Commission recommended the deed be accepted. Moved by Hart, seconded by Fessman, that the Planning Commission's recommend- ations be sustained, and a resolution prepared. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollings- worth, Hodge. Nays: None. Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:05 P.M. ATTEST: ITY CLERK CALIFORNIA 5/13/58