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HomeMy WebLinkAbout1957 10-15 CC MIN137 National City, California, October 15, 1957 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. &clock. Council members present: Fessman, Hart, Hodge. Council members absent: Heck, Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Lill, Stock- man, Gautereaux. COUNCILvuOMAN HOLLINGSv ORTH present. The meting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. McCoy. Moved by Fessman, seconded by Hart, that the minutes of the regular meeting of October 8, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7092 was read, stating that pursuant to the provisions of Ordinance No. 904 of the City of National City, the City Council hereby orders that the installation of improvements in the 0. D. Arnold Estates Unit 42 Subdivision may be made in accordance with the written report of the City Engineer dated October 7, 1957 on file with the City Clerk. Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. RESOLUTION NO. 7093 was read, 'RESOLUTI.N DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME 02 HEARING THEREON (Kenton Avenue)." Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried by the following vote to -wit: :ryes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck, RESOLUTION NO. 7094 was read, "RESOLUTION ADOPTING uGAGE SCALE (17th Street).4 Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: deck. RESOLUTION NO. 7095 was read, 'RESOLUTION OF INTENTION' (17th Street) . Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. RESOLUTION NO. 7096 was read, approving the assignment of lease made and entered into an November 30, 1950 with San Diego 'Transit -mixed Concrete Co., covering a portion of Parcel 2 of National City Tide- lands, to National Plating & Processing Co. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, by the follow- ing"vote to -wit: yes: i?essman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. ORDINANCE NO. ,"AN ORDINANCE OF THE CITY OF NATIONAL CrTY RE- ZONING CERTAIN PROPERTY ON HOOVER AVENUE AT SIXTEENTH STREET AND AT THE NORTHMST CORNER OF HIGHLAND AVENUE AND TENTH STREET°, was pre- sented for the second and final reading. Moved by Fessman, seconded 10/15/57 138 by Hart, that the second reading of the Ordinance be waived and that it be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 922, ''AN ORDINANCE OF THE CITY OF NATIONAL CITY REZON- ING CERTAIN PROPERTY ON HOOVER AVENUE AT SIXTEENTH STREET AND AT THE NORTHivEST CORNER OF HIGHLAND AVENUE AND TENTH STREET'. Moved by Fessman, seconded by Hart, that the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. ATTORNEY CURRAN reported he received a letter from the Department of Alcoholic Beverage Control advising that the application for issuance of an On Sale Beer License to Harold L. Norris, Sr. and Iola M. Norris for the premises located at 205 Highland Avenue have been denied on the grounds the premises are not in the possession of the applicants. ATTORNEY CURRAN stated at the request of the Council he has protested the application made for a liquor license by Johnson's Grocery. ATTORNEY CURRAN stated at the last meeting the question arose as to the application of Ordinance No. 905, this being the Ordinance which prohibits the moving into National City of buildings. Examination of the Ordinance reveals that it is unequivocal, there is not any quest- ion under the Ordinance which makes it possible to move into National City at the present time any existing building of any kind. ATTORNEY CURRAN reported that among the enactments of the 1957 Ses- sion of the Legislature are two in regard to 1911 Improvement Acts. 1. It is now mandatory that an amount in order to go to bond under the 1911 Improvement Act be due in excess of $50.00 rather than $25.00. 2. Is a provision which makes it possible for the City to record notice of the award of contract on all 1911 Acts, and there are ad- vantages to the City in doing so, and it is the recommendation of the City Attorney the procedure be adopted, and the Council act to auth- orize that procedure in the future when we do have 1911 Act proceed- ings before the Council. Moved by Fessman, seconded by Hart, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. COUNCILIviAN FESSMAN stated he personally thought Ordinance No. 905 should be amended to permit a new structure, house, or building into the City with the consent of the Council. COUNCILMAN HART agreed. COUNCIL uOMAN HOLLINGS' ORTH stated she thought we would be weakening our Ordinance if it was left to the discretion of the Council. MAYOR HODGE stated when this Ordinance was being considered the question of buildings being moved over the City's streets was considered. Moved by Hollingsworth, seconded by Fessman, that it be laid over until the next meeting, when we have a full Council. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: 10/15/57 139 General Fund 816,292.23 Traffic Safety Fund 299.66 Park Fund 792.85 Special Street Fund 1,631.87 Harbor Fund 84.90 Trust & Agency Fund 11.65 Drainage Fund 3.41 Swimming Pool 29.76 Retirement 3,288.45 Right of Way Fund 29.00 Payroll Fund 38,354.10 TOTAL . $60,367.88 Moved by Hollingsworth, seconded by Hart, that the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. Councilman Fessman abstained from voting. RESOLUTION NO. 7097 was read, authorizing the following payments from Capital Outlay Fund: rILLI M VILLELLA, $170.00, refund on sewer district service fee; TEYSSIER & TEYSSIER, 856,884.00, payment on swimming pool; GRIFFITH C014PANY, $4,335.72, sewer laterals on l8th Street. Moved by Hollingsworth, seconded by Hart, that the Resolut- ion be adopted. Carried, by the following vote to -wit: Ayes: Fess- man, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. REPORT OF CITY TREASURER for month of September, 1957, was presented. Moved by Hollingsworth, seconded by Hart, the report be filed. Car- ried, all the Council present voting aye. COMMUNICATION FROM AMERICAN MUNICIPAL ASSOCIATION was read stating the annual American Municipal Congress will be held in San Francisco December 1-4, 1957. HEARING on closing portion of ;A, avenue was held at this time. CITY CLERK ALA TON stated she received -no written protests, and no one was present to protest same. Moved by Hollingsworth, seconded by Hart, that the portion of ,race Avenue be closed from an 80 foot street to a 60 foot street, and the City Attorney prepare the necessary resolut- ion. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck. MAYOR HODGE asked permission to appoint Mrs. Stockman, City Planner, on the County Industrial Planning Commission. Moved by Hollings- worth, seconded by Hart, that permission be granted. Carried, all the Council present voting aye. MAYOR HODGE asked permission to appoint John McCartney as a member of the Civil Service Commission. Moved by Hollingsworth, seconded by Fessman, that the appointment of John McCartney be approved. Car- ried, all the Council present voting aye. MAYOR HODGE declared a recess. 10/15/57 140 The meeting was called to order by Vice Mayor Hollingsworth. Council members present: Fessman, Hart, Hollingsworth. Council members absent: Heck, Hodge. REX TAYLOR, Representative of the San Diego fellow Cab Company, was present in regard to an application they made for a business license. It was his understanding the matter of insurance had to be approved by the Council. VICE MAYOR HOLLINGS +ORTH asked that the application be brought up from the License Department and be presented later in the meeting. CECIL ALLEN, 1704 4D' Avenue, was present and stated he recently took a trip to Louisville, Ky. and informed the Council of the taxes in that area. If you work in the town, you must pay a tax on how much money you make there regardless of where you live. Some of the businesses, for this reason, have moved to other localities; there- fore the City might keep in mind that if people cannot get what they want here, they will move some place where they can get it. COb;MttNICATION FROM R. P. SIMS, Manager, Bay Theatre, in regard to the amusement tax on admissions, was presented. COUNCILMAN FESSMAN stated it appears we are discriminating a little unfairly against our two theatres, inasmuch as the other theatres in the area do not pay any admission tax. From the figures presented, their business is declining, and the tax is a hardship. Moved by Fessman, seconded by Hart, the matter be referred to the City Attorney for interpret- ation, particularly whether or not the lifting of the tax against the motion picture theatres, and not lifting it against the other form of amusement would be discriminatory, and that the City Manager also check it. Carried, all the Council present voting aye. COPY OF COMMUNICATION FROM CHARLES ROYER, Controller, of the San Diego County Water Authority to Mr. Beenfeldt of Chula Vista, was read, giving tabulation of amounts paid to the Metropolitan Water District and the San Diego County ;Dater Authority by the Cities of National City, Chula Vista, and the South Bay Irrigation District. Moved by Fessman, seconded by Hart; it be referred to the City Attorn- ey. Carried, all the Council present voting aye. CITY CLERK ALSTON announced the League of California Cities meeting, Friday, Oct, 18th in La Mesa. CITY CLERK ALSTON presented her annual report for the fiscal year ending June 30, 1957, Moved by Hart, seconded by Fessman, the re- port be filed and published. Carried, all the Council present vot- ing aye. APPLICATION FOR NEW ON SALE GENERAL BEVERAGE LICENSE by Ken -Barth Enterprises, Inc., 1201 E. 10th Street, was presented. REPORT FROM CHIEF OF POLICE SMITH stated that investigation discloses no grounds for protest, Moved by Hart, seconded by Fessman, that the applicat- ion be filed. Carried, all the Council present voting aye. 10/15/57 141 APPLICATION FOR TRANSFER OFF SALE BEER AND DINE BEVERAGE LICENSE by Junes R. Kaderli, Jimmy's Food Market, 2541 E. 18th Street, was pre- sented. REPORT FROM CHIEF OF POLICE SMITH stated that investigation discloses no grounds for protest. Moved by Hart, seconded by Fess- man, that the application be filed. Carried, all the Council pres- ent voting aye. ATTORNEY CURRAN stated the Attorney for Yellow Gab Company contacted him with reference to their application. The memorandum does indicate the San Diego Yellow Cab, Inc. has insurance in the amount required by the ordinance. Attorney Curran stated he is not too well pleased with one of the clauses in the memorandum, however, the matter has been pending for some time; the insurance expires on January 1, 1958 and the permit itself does, and also the ordinance provides for ad- option of rules and regulations. Therefore, it is the Attorney's recommendation not to hold this matter To, but to approve the mem- orandum of insurance filed to authorize the issuance of the permit and to proceed with the drafting of regulations so that prior to January 1st of next year a more complete procedure would be adopted for any further permits or renewal of the presently existing permits. Moved by Hart, seconded by Fessman, that the Attorney's recommendat- ion be followed. Carried, all the Council present voting aye. FINANCIAL REPORT from the San Diego County eater Authority for the period ending June 30, 1957, was presented. CITY CLERK ALSTON stated it would be on file in her office. COMMUNICATION FROM TOPPE11 ETTE CLUB was read asking permission to use a City piano and band stand for a benefit dance to be held in the Armory, November 9th. CITY MANAGER BIRD stated we have a regulation whereby everyone granted the use of a piano, when it is moved, must necessarily pay a tuning charge. VICE MAYOR HOLLINGS ORTH stated she thought Mr. Gautereaux should be contacted to see if the Commun- ity Bldg. would be used that night. Moved by Fessman, seconded by Hart, the matter be referred to Mr. Gautereaux for a report as to his objections or recommendations. Carried; all the Council present voting aye CITY CLERK ALSTON reported she has an application for excavation per- mit from Floyd Emde, copies of which she referred to the St. Supt. and Manager and City Engineer, as per ordinance. CITY ENGIJEER LILL reported the improvement plans for 0. D. Arnold Estates Suhdivision Unit No. 2 have been prepared by the ngineer of G ork and approved by the City Engineering Department together with the final map, and it is recommended that the subdivision map be ac- cepted by the City. REPORT FROM THE PLANNING COMMISSION was read recommending approval of the final subdivision map of the 0. D. Arnold Estates Unit No. 2. Moved by Fessman, seconded by Hart, that the City Engineer's and the Planning Commission's recommendation to approve the 0. D. Arnold L'states Subdivision Unit No. 2 final map be approved. Carried, all the Council present voting aye. 10/15/57 142 CITY MANAGER BIRD reported in regard to the application of Floyd Fhide to excavate approximately 600 cu. yds. of dirt to be moved from Lots 9 and 10, Block 16, at 16th and Roosevelt, to the rear of Louies Ranch House. REPORT FROM CITY ENGINEER LILL was read stating the application has been reviewed and is recommended for approval sub- ject to the statements in the application and also subject to certain conditions, as set forth in the report. CITY MANAGER BIRD concurred in the recommendation. Moved by Hart, seconded by Fessman, permis- sion be granted to move the dirt, subject to the conditions recom- mended by the City Manager and City Engineer. Carried, all the Coun- cil present voting aye. PETITION FOR IMPROVEMENT of Harding Avenue from 18th to 20th Street, was presented. CITY MANAGER BIRD recommended it be referred to the City Engineer for processing. Moved by Hart, seconded by 2essman, the City Manager's recommendation be followed. Carried, all the Council present voting aye. ANNUAL REPORT OF THE HEALTH DEPARTMENT was presented and ordered filed. CITY MANAGER BIRD asked for authorization of the City Attorney to prepare the necessary documents and resolutions to acquire a goodly portion of our rights of ways on the drainage canal. Moved by Fess- man, seconded by Hart, that authorization be granted. Carried, all the Council present voting aye. EASEMENT FROM O. D. ARNOLD was presented, granting to the City an easement across a certain portion of the Arnold Estates for sewer purposes, and City Manager Bird recommended the City Attorney be auth- orized to prepare the resolution of acceptance. Moved by Hart, sec- onded by ressman, that the recommendation of the City Manager be followed.- Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the communication submitted by Mrs. Audrey Stonehouse and Mrs. Frances Blue regarding street lights on 4th Street from Palm Avenue east to Harbison Avenue, the San Diego Gas & Electric Company will give us a report as to the cost and availability regarding circuits in the near future. CITY MANGER BIRD stated the Board of Appeals held a meeting on October 3rd and at that time there was a discussion held regarding certain changes which the members of the Board deemed necessary in our Building Code. Report from Bldg. Inspector Biggs stated that in an effort to aid in the standardization of requirements for wood members used in construction, nearly all of the political jurisdict- ions from Los Angeles to the Mexican border have amended their re- spective Building Codes to incorporate a provision requiring said wood members to be grade stamped by a representative of an approved authoritative agency. It is the opinion of the Building Department, that in order to keep National City from becoming a dumping ground for the flood of ungraded and unshaped lumber rejected by other cities, similar amendments must be made a part of City Ordinance 10/15/57 143 No. 840. A comprehensive study has been mode regarding this serious problem, and as a result it has been determined that the changes as adopted by the City of San Diego are acceptable and have been used as a guide by other municipalities in this area. In the interest of uniformity, these some specifications were referred to in the compilation of a fair and workable amendment to Ordinance No. 840. The original draft of the changes, as proposed, was submitted to the Board of Appeals for review and recommendation. after consideration, the Board agreed unanimously that this proposed legislation should be submitted to the City Uouncil with a recommendation in favor of adopting Section #2502 (a) &c (b), and #2503 (a-3rd paragraph) as submitted, with the deletion of the words approve or as stated in the exception. It was the opinion of all Board members present that the revisions to Table 3-A of Section #303 should be submitted to the City Council for consideration, and that no recommendation be made by the Board of Appeals on this section. CITY iJAi aGER BIRD stated the foregoing sections which were read refer to grade marking of material used in construction. Table 3-A,the Board of appeals were not in accord with, and further, they felt it was not within the prerogative of the Board of :'appeals. Table 3-2, applies to the rate which we charge for building permits. Our building permits are cheaper than any other city in our metropolitan area. It has been the thought of the Building Department we could bring those permit charges or fees up to an equal with the City of La Mesa, City of San Diego, Coronado, but not to the level of the City of Chula Vista, which in the opinion of the Manager, is completely out of line. CITY MANAGER BIRD said he would recommend that the City Attorney be auth- orized to prepare an amendment to Ordinance No. 840 on the basis as • incorporated in the particular sections as set forth. Moved by Hart, seconded by Fessman, that the City Manager's recommendation be fol- lowed. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional .Exception No. 593 signed by Mattie I. Gheneweth relative to the property located at 2328 E. 6th Street; also the area between the westerly extension of 6th Street and the westerly extension of 7th Street and between Avenue and the northerly ex- tension of 4W Avenue. Petitioner is requesting permission to im- mediately construct a 42 bed addition to the existing facilities; al- so permission to construct any annexes or buildings that would be needed on said premises in and for the Valley View Sanitarium and Rest Home within the future, without securing additional zone var- iances. It was the interpretation of the Planning Commission they could not recommend the granting of permission for future additions, therefore, recommended the granting of the conditional exception for the 42 bed addition only. Moved by Fessman, seconded by Hart, the Planning Commission's recommendation be approved, and the attorney prepare the necessary resolution. Carried, all the Council present voting aye. REPORT FROM THE PL. NNING COMLISSIJNwas read re ing pi;li at' on for Conditional Exception No. 594 signed by Sam Bay Pi a 6yncicate, Guy C. Wilson, Jr., relative to the property located at the north- 10/15/57 144 east corner of 4IJI ;Ivenue and loth Street. Petitioners are request- ing permission to erect a building containing approximately 35,000 square feet to be occupied by a thirty-two lane bowling alley to- gether with a restaurant and cocktail bar. Balance of land to be paved and lighted for customer parking. The Commission recommended the acceptance of the conditional exception with the stipulation that the petitioners build an attractive six foot fence on the east property line bordering "Mil avenue and on the north property line to q.,i1 :.venue; also permission to erect the sign as indicated on the plan submitted. Moved by Fessman, seconded by Hart, that the Plan- ning Commission's recommendation in the matter of the Plaza Bowling .'.11ey be approved, and the attorney prepare the necessary Resolution. Carried, all the Council present voting aye. h.TTORNEY CURR,.N stated with reference to the 0. D. .'.rnold Estates Unit No. 2 Subdivision, there has been submitted a signed contract for the improvements and a bond which guarantees the perfo.«ulance of the contract; also a letter from the California Water & Telephone Company providing for an agreement for water service. ).ccordingly it appears that all the requirements of the State law and the ordin- ances have been c cnplied with, RESOLUTION NO. 7098 was read, approving the final map of subdivision known as 0. D..,.rnold Estates Unit No. 2. Moved by Hart, seconded by Fessmen, that the Resolution be adopted. Carried, by the follow- ing vote to -wit: eyes: Fessman, Hart, Hollingsworth. Nays: None. .'absent: Heck, Hodge. Moved by Hart, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:05 P.M. VICE Mi.Y0R, 1.T'IEST: CITY CLERK 4' 1q4L. il Ad.4 02 N1.T 01.L/jCITY, C..LIFORNL. 10/15/5'7