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HomeMy WebLinkAbout1958 05-20 CC MIN341 National City, California, May 20, 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. ADIMINISTRATIVE OFFICIALS present: Stockman, Bird, Curran, Lill, Gautereaux, 0sburn. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Mayor Hodge. Moved by Hollingsworth, seconded by Allen, the minutes of the reg- ular meeting of May 13, 1958, be approved, Carried, all the Council present voting aye. RESOLUTION NO. 7225 was read, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE FILING OF A CONDEMNATION SUIT." Moved by Hart, seconded by Fessman, the Reso- lution be adopted. VINCENT DE LUCIA was present in regard to his property which is involved in the condemnation suit, and stated that he and Mr, 0sburn, Administrative Assistant, have had ten or fifteen conversations, and at no time was there any offer made to him for the purchase of his property. There was one proposition made in January when Mr. Osburn asked him if he thought he would take $37,000.00 for all the property, and Mr. DeLucia said he did not know; and Mr. Osburn said he did not know if he could get Council to approve it, and that was all that was said. Mr. DeLucia said he thinks it is unfair and not right for a person's property to be taken from him without some consideration being given to his rights. The property was purchased for an investment, and he has plans for building apartment houses in a section that has been zoned by San Diego County as multiple dwellings. Mr. DeLucia said if the City wanted to trade him for the property, he would be glad to trade any piece of property. Also he inquired if he would be allowed to con- nect to the National City sewer system, there was no denying that he had a right to the use of the sewers in that vicinity, although there was nothing definite said that he could connect. Mr. DeLucia said he is at a loss for time and ability to get a true picture of the situation; that it is a mistake, the people of National City have a right to know about the drainage problem; and wished the Council members would look into the matter a little more thoroughly before the condemnation suit is instigated. COUNCILMAN HART said he withdrew his motion as he has more information now than he had before. COUNCILWOMAN HOTLLINGSWORTH stated everybody in the City, if they care to read the newspapers, have been informed that we have a drainage problem; and it benefits all of National City. It is the policy of this Council not to allow anyone outside of the City limits to connect onto the City's sewers, so Mr. DeLucia should not have been given any assurance that he was going to unless he had annexed to the City of h_ tional City. It would be impossible for Mr. DeLucia to build apai Lments there as if they had cess pools, it would be a health hazard to €veryorie in Sweetwater Valley. MR. DE LUCIA said Mrs. Hollingsworth was right regarding the sewer 5/20/58 342 situation, but apparently sewers of National City are evidently at the beck and call of a few. COUNCILWOMAN HOLLINGSWORTH stated prev- ious Councils had authorized some people to connect to the City's sewer, but this Council went on record as of 1954 not to allow any sewer connections outside of the City. COUNCILMAN ALLEN said he would not be able to vote on this because Mr. DeLucia has made the statement that he had received no offer for his property, and be- fore he could vote he would want more information. MAYOR HODGE stated the Council will either have to vote on the motion or have a withdrawal of the second. Councilman Fessman did not wish to with- draw his second. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Hart. RESOLUTION NO. 7226 was read, accepting a grant dee'dfrom Robert and Margaret R. Bell, dated March 18, 1958. Moved by Holingsworth, sec- onded by Fessman, the Resolution be adopted. Carried, all the Coun- cil present voting aye. ORDINANCE NO. 4AN ORDINANCE AMENDING ORDINANCE NO. 927 AND PRESCRIBING FEES FOR ELECTRIC INSTALLATION,° was presented for the first reading and read in full. ATTORNEY CURRAN reported the Insurance Agents Association of Nation- al City has submitted Fireman's Fund Insurance Company's Policy No. F9-345460, which provides fire, lightning, transportation and theft coverage for the automobiles and other moving equipment of the City and recommended it be approved and filed. Moved by Hart, seconded by Hollingsworth, the Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN made reference to a communication from the San Diego County Water Authority dated April 24, 1958, which enclosed a copy of a memorandum issued by the Mountain Counties Water Resources Association. The memorandum raises many problems which the Legis- lature of the State of California failed to solve at its recent spec- ial session. It is worthy of considerable study, and it is partic- ularly apropos that the people of San Diego County understand some of the things which are set forth by the Mountain Counties people. With the impasse that we have in Sacramento, it is definitely clear that San Diego County is not going to be able to get water from Northern California until some understanding can be reached with the people in the northern part of the state; therefore, the things set forth in the memorandum should be given further study and consider- ation in this area, and recommended the communication be filed. MAYOR HODGE ordered the communication filed. COUNCILMAN HART stated he believed the City owes between $75,000.00 and $80,000.00 on the swimming pool, and he would like to see that paid off instead of dividing the payments as we have been doing, and pay it off in three or four months and then use the money for the streets and have a program set up so we know what streets we are going to work on. S.me of the streets are in a very bad condit- ion, and he is in favor of using an oil mix, and would like the 5/20/58 343 Council to consider that. Gas tax money should be used on streets such as 8th Street; National Avenue at 18th Street condition, and he thought it should be ahead of 8th Street tax money should be used to improve Highland Avenue. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Gas Tax Fund Special Street Fund Drainage Fund Pool Fund Payroll Fund TOTAL $17,870.93 504.75 1,237.49 3,451.96 15,388.87 40,500.00 19,205.12 37,881.20 42.99 38,482.69 $174,566.00 the main is in bad ; also gas Moved by Hollingsworth, seconded by Fessman, the bills be approved for payment and warrants drawn for same. Carried, by the following vote to.*1t: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7227 was read, authorizing the payment of $1,730.51 to Pace Construction Company, to replace sewer main in Navy Housing, from Capital Outlay Fund. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. THE SALE OF CITY OWNED PREPERTY was presented at this time. COUNCIL- WOMIAN HOLLINGSWORTH stated it was referred to the City Attorney to ascertain what kind of language should be put into a resolution if the property is to be turned over to realtors to sell. Moved by Hollingsworth, seconded by Fessman, this be referred to the Finance Committee. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read regarding intention of the City of San Diego to annex certain property. CITY MANAGER BIRD said there is a communication from Land Title Insur- ance Company which stated that recently the Wilco Development Comp- any, a partnership composed of Harry L. Williams and Ralph Keithley entered into escrow to acquire certain parcels of land in Pritch- ard's Paradise Villa for subdivision purposes. The consummation of these escrows are contingent upon annexation of this land to the City of National City. Under these escrows,a certain parcel is to be retained by the seller, Ray Rogers. At this time, Wilco Develop- ment Company, a partnership, and Ray Rogers wish to petition the City Council of National City for annexation to the City of National City that parcel of land covered by the enclosed legal description and delineated in red on the area map also enclosed. REPORT FROM CITY ENGINEER LILL stated the proposed annexation to the City of San Diego of 31.5 acres easterly of the National City boundary borders National City on the northeasterly corner of Shirley Manor 5/20/58 344 Subdivision and the adjoining parcel. Sewer services there will be through National City mains. Paradise Creek traverses the proposed Subdivision; Eighth Street will be the main access west. CITY MhN- AGER BIRD stated the property must be annexed to some City and they are desirous of annexing to National City. There has not been filed with the City of San Diego an official request to annex. LVL. KEITH- LEY of the Wilco Development Company, was present, and stated that the property belonging to Ed. James and George James and Mr. Rogers is contiguous to the City of San Diego, however, the property be- longing to the James Brothers is nJt contiguous to the City of Nat- ional City. They purchased the acreage belonging to the James Brothers first and made inquiry to the City of San Diego whether or not the acreage purchased would be annexable to the City of San Diego, and if so what their requirements would be. Mr. Fletcher of the City Manageros Office stated he would be glad to furnish them with that information within a period of two or three weeks, however, he did not do so in that length of time. Approximately three months have gone by and the first that he heard from anyone was when he was advised the City Council had been notified by the County Boundary Commission. Mr. Fletcher has made the statement to the Title Comp- any there was no pitition formally filed with him or with the City of San Diego, but he had regarded their informal inquiry as an in- formal application for annexation to the City of San Diego and pro- ceeded along this line. Meanwhile adlco Development Company enter- ed into escrow with Mir. Rogers for a portion of his property, es- crow is now open, which provides Wilco Development Company with property contiguous to the City of National City and also contigu- ous to the James property to allow annexation to the City of Nation- al City. They would prefer to annex to the City of National City. Mr. Rogers would retain approximately one and a half acres of his five acre piece of property, and he has joined with them in the pet- ition asking that the land under his ownership be included in the petition for annexation. Moved by Hollingsworth, seconded by Hart, this application for annexation be referred to the Planning Com- mission. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hart, the letter from the County Boundary Com- mission be answered, and the City of San Diego be notified that the annexation proceedings of San Diego had been dropped. Carried, all the Council present voting aye. COUNCILMAN HART excused. COMMUNICATIoN FROM SAN DIEGO COUNTY wATER AUTHORITY regarding the re -drafting of the Water Authority Act relative to the preferential right of the members of the Authority to purchase water from the Authority, was presented. Moved by Hollingsworth, seconded by Fess- man, it be referred to the City Attorney. Carried, all the Council present voting aye. COMMMUNICATION FROM HERBERT i . ALTIIMUS was read stating on January 8, 1958 he made application :Lor a route truck to sell bakery goods in National City and paid 4310.00 for Health Permit No. 1353. The County of San Diego denied this permit as he used his home address, 5/20/58 345 6481 Birchwood. Street, San Diego, and said he should make applicat- ion for a permit in the City of San Diego. NIP. Altemus requests he be refunded the $10.00 paid in National City since he has a permit in the City of San Diego. The request was approved by City Treas- urer Holgate. Moved by Fessman, seconded by Allen, the refund be granted, Carried, by the following vote to -wit: Ayes: Allen, Fess- man, Hollingsworth, Hodge. Nays: None. Absent: Hart. COUNCILMAN HART present. COMMUNICATION FROM NATIONAL CITY FIREIMANS RELIEF ASSOCIATION was read requesting salary adjustment to compensate for a rising cost of living, and comparable tocities of our size and job classificat- ion. Moved by Hollingsworth, seconded by Allen, the request be re- ferred to the Finance Committee. Carried, all the Council present voting aye. APPLICATION OF GREYHOUND CORPORATION for authority to increase in- trastate passenger fares, was presented. The hearing will be held Monday, June 9th in San Francisco. Moved by Hollingsworth, second- ed by Hart, the application be referred to the City Attorney for a recommendation. Carried, all the Council present voting aye. REPORT FROM BUILDING INSPECTOR BIGGS was read stating that Sewer Permit No. 3227 was issued in the amount of $245.00 to Fred W. Moody on May 13, 1958, for installation of a sewer lateral at 1836 Grove Street. This sewer lateral was previously paid for by John Di Turi, May 9, 1956, Permit No. 2555 . It is recommended the $245.00 sewer permit fee be refunded to Mr. Moody, 4341 Beta Street, San Diego 13, California. Moved by Hart, seconded by Fessman, the re- fund be allowed. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart Hollingsworth, Hodge. Nays: None, COMMUNICATION FROM SECURITY TITLE INSURANCE COMPANY was read stating they are enclosing two deeds executed by Walter Richardson and Violet Richardson to the City of National City for acceptance. Moved by Hollingsworth, seconded by Allen, the deeds be referred to the City Attorney for acceptance and preparation of a resolution. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hol- lingsworth, Hodge. Nays: None. CO\J]MUNICATION FROM COUNTY BOARD OF SUPERVISORS was read giving not- ice that aNotice of Intention to Circulate Petition for the incorp- oration of the city to be known as City of Lemon Grove has been filed in their office. I'vioved by Hollingsworth, seconded by Hart, the communication be filed. Carried, all the Council present vot- ing aye. CITY ENGINEER LILL reported the assessment roll and diagram for the improvement of 17th Street, National Avenue to RIP Avenue, has been filed with the City Clerk. REPORT FROM CITY ENGINEER LILL was read regarding petition for 5/20/58 346 Improvement of 16th Street from 41,4 Avenue to Palm Avenue. The petition is signed by persons interested in 49% of the frontage of the property proposed to be assessed for the improvement. It is recommended this improvement be added to the pending 1911 act Im- provement of 16th Street from Palm Avenu to Rachael Avenue. Moved 5y Allen, seconded by Fessman, the City Engineer's recommendation be approved. COUNCILMAN HART questioned the percentage. COUNCILIVIAN ALLEN stated the school will also be included which will make over 51%.. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL stated an application for excavation permit has been made by Don E. Norman, agent for Richard Haas to excavate ap- proximately 3,000 cu. yards of earth at the northeast corner of 8th and Palm and transport this material to the Haas property east of Palm Avenue and north of loth Street. It is the Engineer's recom- mendation this permit be granted, subject to no drainage pockets be- ing created, the existing street grades be observed and no excavat- ion be made nearer than four feet of the property line, that all safety precautions in moving the material on Palm Avenue be observed, A certificate of insurance for $50,000.00 and a surety bond in the amount of $500.00 should be provided. Moved by Hart, seconded by Allen, the permit be granted subject to the recommendations of the City Engineer. Carried, by the following vote to wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY ENGINEER LILL reported that the installation of Tidelands Sewer is proceeding. CITY MANAGER BIRD reported he has been handed a Declaration of Re- strictions relative to He ssel tine and the Safeway application on Harbison Avenue. This declaration has been drawn up by Mr. Hessel- i e's and thhee w4orne s after consultation with the City Attorney. CIT �iiA1\A EIl recommended triis be referred to the City Attorne . Loved by Hart, seconded b Allen the City Manager's rec- ommenda'ion be approved. Carried, by the Council present voting aye. , REPORT FROM SUPT. PARKS AND RECREATION GAUTEREAUX regarding Little League Fence, was read stating that construction work of the Little League Ballfield has been completed by the Park Department. The time donated by Mr. Stewart (a team manager) in the cutting of pipe posts is appreciated. The setting up of a scoreboard and flagpole, and the staining of the board fence is anticipated which will then complete the area until such time in the fall when the entire en- closure will be piped and turfed. The cost of materials and labor as just completed ist Materials, $783..02; labor $592.00; total $1,375.22. The communication was ordered filed CITY MANAGER BIRD presented the Project Statement for Engineering Funds which provides for the allocation and expenditure of State Highway funds for engineering costs and administrative expenses in respect to City streets. The estimated expenditure recommended to be made during the 1958-59 fiscal year: Proposed Budget- Prelimin- 347 ary Engineering: Plans, surveys, specifications, estimates of cost, $6,000.00. Mr. Bird recommended the Council authorize the Mayor to sign this project statement. Moved by Fessman, seconded by Hollingsworth, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD presented Project Statement No. 1 for the fiscal year ending June 30, 1959, to be transmitted through District En- gineer, J. Dekema. The City of National City submits this project statement as_its budget proposal for the estimated expenditure of gas tax funds; Gas tax allocation for city streets, maintenance, $37,500.00; contingencies, $5,000.00; construction $120,046.76. Proposal is as follows: Project 64: Major city streets and second- ary city streets, maintenance July 1,` 1958 to June 30, 1959, $37,500.00. Project 65: Eighth Street from *L. Avenue to Plaza Blvd., grade, pave and construct curb and gutter, $120,046.76. Project 66: Contingencies, $5,000.00. Total budget, S162,546.76. CITY MANAGER BIRD recommended the Mayor be authorized to sign this agreement. Moved by Hollingsworth, seconded by Fessman, the Mayor be authorized to sign this agreement with the Division of Highways. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollingsworth, Hodge, Nays: None. RESOLUTION NO. 7228 was read, ''A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING ADDITIONAL MAJOR CITY STREET AND ETING CERTAIN Ti�EETS ,R M TH> , MAJOR CI STREET CYST vl. kr opotet.oyCarrrie , a�it hesuounoi by voting aye;olutlon e ad - REPORT FROM THE PLANNING QCTUIISSION was read regarding Application for Conditional Exception No. 607 signed by Daniel Norris Marsh relative to the property at 141 E. Fourth Street. Petitioner is re- questing permission, due to a cardiac and respiratory illness, to operate a doll repair hospital in the existing guest house located at the rear of the property in an R-4 zone. The Commission recom- mended this zone variance be granted for a period of one year at which time it is to be returned to the Planning Commission for re- view. There is an existing six foot fence around the rear yard of the above mentioned property which is in violation of Ordinance No. 750, Section 18, Paragraph 8, pertaining to fences located on the exterior side of a corner lot. It was moved and unanimously passed by the Commission this fence be brought to the City requirements around the property, which is to be a condition upon the granting of the zone variance. COUNCILMAN ALIEN stated he is against spotty zone variances. Moved by Hollingsworth, this one year permit be granted with the recommendations as given by the City Planning Com- mission. MAYOR HODGE asked the Attorney for a definition of the word 'hardshipas given in the ordinance. Motion seconded by Hart. COUNCILMAN FESSMAN stated the question about the hardship has been answered previously. MAYOR HODGE stated it is his understanding the definition of 'hardship as given in the ordinance applies to the hardship on the propsty only, not on the person. ATTORNEY CURRAN stated he thought the Mayor was correct, that was the intent 348 with which the ordinance was originally drafted.. COUNCILMAN FESS- MAN said he thought it should be referred back to the Planning Com- mission and pointed out to them what the definition of the word 'hardship° is accp ing to the ordinance and ask them if they still wish to make the/recanmendation. COUNCILWOMAN HOLLINGSuvORTH stated '.he meaning of the word 'hardship has never been adopted, it was 'rought up at the time we had a new proposed znning ordinance that was not adopted. MAYOR HODGE said it was not adopted, but was de- finitely set as a policy. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen. REPORT FROM THE PLANNING COMMISSION regarding Application for Con- ditional Exception No. 610 signed by Ruble Re Beauchamp relative to the property at 1841 East 16th Street, was read. Petitioner is requesting permission to convert the present dwelling into two apartments in an R-1 zme. It was recommended by the Commission this be approved. Moved by Hart, the recommendation of the Plan- ning -Commission be sustained, COUNCILMAN FESSMAN asked the City Planner why the Planning Commission approved unanimou3iy this re- quest to make an R-2 out of an R-1 z one , CITY PLANNER STOCKMAN stated„ it was their thinking that due to the fact that this is one of the larger older buildings in the City, having two stories, it would be adequate and since it has proper off street parking, the Commission thotght it would be feasible. COUNCILWOMAN HOLLINGSuuOL�TH stated just a few doors west of this property there is a duplex. COUNCILMAN AWN N said if we are going to have an ordinance, we should adhere to it. Motion seconded by Hollingsworth. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen, APPLICATION FOR CONDITIONAL EXCEPTION NO. 611 signed by Ivan R. Lovett relative to the property at 1643 South 47th Street, was presented. Petitioner is requesting permission to store redwood products in the garage on the rear of the property with delivery of merchandise to nurserymen; but no sales on property. In view of the opposition received, the Commission recommended this variance for storage purposes be denied. COUNCILMAN HART said the applicat- ion states no sales on property41 which means sales off the proper- ty and then do the work on the property. CITY PLANNER STUANAN stated Mr, Lovett does transport redwood boxes and patio furniture from Chino to this property on S. 47th Street and stores it in his garage and then delivers it and sells it to the nurseries. Moved by Hollingsworth, seconded by Fessman, the Planning Commissions recommendation be sustained. Carried, by the following vote to - wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMiISSION regarding Application for Con- ditional exception No. 612 signed by the Paradise Valley Sanitarium and Hospital relative to the property located at the northwest corner of 8th Street and Sanitarium Avenue, was read. Petitioners are requesting permission to install an electrically lighted, glass and steel sign of not more than 50 square feet of surface space, at 5/20/58 349 a height of 9 feet from the ground level between the sidewalk and the Paradise Valley Medical Building; variance in setback on 8th Street from a 15' setback from lot line to a ero setback; waiver of the requirement for installation of sign at least two feet in- side of sidewalk or 40 feet over from centerline; and that the parts of Lots 1 thru 6 and 8 thru 12 not covered by existing or planned structures be authorized for use as off street parking. The Com- mission recommended this variance be granted for size of sign and off street parking providing no portion of the sign hangs over pub- lic property, and waiving the 15 foot setback to a zero foot set- back on the planter box. Moved by Fessman, seconded by Hart, the Planning Commission's recommendation on Conditional Exception No. 612 be approved. Carried, by the following vote to wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 609 signed by the Safeway Stores, Inc., as purchasers, and L. Wendell Hesseltine, as owner, relative to the property located at the east side of Harbison Avenue between loth and llth Streets. Petitioners are requesting permission to use the southerly 80 feet of the described property for off street parking in conjunction with the proposed supermarket, said property is presently located in an R-1-A Zone. Also variance in square foot- age of signs to install appropriate identification signs to identify said supermarket. Petitioner requests this variance be granted for a period of six months for commencement of construction rather than the usual 90 days, inasmuch as preparation of plans and spec- ifications will take a considerable period of time. The Commission recommended the variance be granted allowing parking area in an R-1-A zone, variance of signs, and commencement of construction be for a period of six months. COUNCILMAN ALLEN asked if this did not tie in to Declaration of Restrictions given to the City Attorney. CITY MANAGES BIRD said it is the same. Moved by Fessman, seconded by Allen, the Planning Commission's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge, Nays: None. COUNCILWOMAN HOLLINGSw ORTH, Chairman of the Finance Committee, re- quested a meeting of the Finance Committee, Friday, May 22nd, at 3:30 P.M. in the City Manager's office. Moved by Fessman, seconded by Allen, that the zoning ordinance which was proposed several years ago be reviewed, and a citizens committee, or somebody be appointed to work with the Planning Com- mission to see if there are any objectionable features in it that might be taken out of it, so that it pleased everybody, and perhaps it can be enacted so we will have a zoning ordinance which we do not have at the present time under Ordinance No. 750. Motion lost, by the following vote to -wit: Ayes: Allen, Fessman. Nays: Hart, Hollingsworth, Hodge. Moved by Allen, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:30 P.M. ZGG /-^ ATTEST, MAYOR, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK /C j 0.62 5/20/58