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HomeMy WebLinkAbout1957 11-12 CC MIN162 National City, California, November 12, 1957 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Hollingsworth, Hodge. Council members absent: Heck. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. Warriner. COUNCILMAN HECK present. Moved by Heck, seconded by Fessman, that the minutes of the regular meeting of November 5, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7111 was read, "RESOLUTION APPROVING ASSESSMENT DIA- GRAM (Kenton Avenue)". Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. RESOLUTION Nu. 7112 was read, ''PURSUANT TO RESOLUTION N0. 7083 THE CITY CLERK IS HERBY ORDERED TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND TO RECORD THE DEEDS OR GRANT CONVEYING INTEREST IN OR EASL ENT UPON REAL ESTATE TO CITY OF NATIONAL CITY AS FCLLOuiS: GRANT DEED FROM JOHN E. AND MINNIE HEVIMINGSON, DATED OCTOBER 2, 1957; GRANT DEED FROM JCHN E AND IvIINNIE HEMMINGSON, DATED OCTOBER 2, 1957; EASEMENT FROM EARL L. ARID EANNIE M. BOYS, DATED OCTOBER 25, 1957". Moved by Hollingsworth, seconded by Fessman, that the Resolution -be adopted. Carried, by the following vote to -tit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. RESOLUTION AO. 7113 was read, "RLSi)LUTi0N DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING 'THEREON (Wilson Avenue)". Moved by Fessman, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. ORDINANCE NO. "AN ORDINANCE OF THE CITY OF NATIONAL CITY REZON- IAG CERTAIN PROPERTY Y,ES T OF NATIONAL AVENUE BETtivEEN 16TH AND 18TH STREETS", was presented for the second reading. Loved by Heck, seconded by Hart that the Ordinaee be adopted by title only. Carried, all the Council present voting aye. ORDINANCE I10. 923 t'AN ORDINANCE OF THE CITY OF NATIONAL CITY RE2 U1-\ ING CERTAIN PROPERTY-uJEST OF NATIONAL AVENUE BELEEN 16TH AND 18TH STREETS". Moved by Heck, seconded by Fessman, the Ordinance be ad- opted. -Carried, by the following vote to wit: Ayes: Fessman, Hart Heck, Hollingsworth, Hodge. Nays: None. CITY CLERK ALSTU'I announced a Traffic Safety Committee meeting, 11/12/57 163 November 13, 1957 at 9:30 A.M. in the jury room. CITY ATTORNEY CURRAN reported some time ago there was referred to him communications and ordinances by Skiatron. The entire problem of the jurisdiction of the City Council to grant such a franchise or permit as requested by Skiatron is in serious question. The Federal Government is considering the problem of certain state officials that have indicated the Public Utilities Commission of the State of Cal- ifornia should enter into the picture. Two of our largest cities, namely San Francisco and Los Angeles have spent a good deal of time in trying to work out ordinances. The picture is so incomplete at this time that the City Attorney recommended that the entire matter be held in obeyance. Moved by Hollingsworth, seconded by 2essman, that the City i ttorney's recommendation be approved. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the Attorney for the South Bay Irrigation District has advised that et a meeting of the District Directors last Tuesday, the Directors instructed him to address a communication to the California Water & Telephone Company asking whether that Company would consider the operation and management of the Sweetwater System of the California bdater & Telephone Company in the event there was a purchase of the property by a public agency. The Attorney for the District, emphasized that the Directors did not want this action on their part to raise an inference whereby the Joint Powers Agreement was being rejected. The matter is one in which the Directors want further time to consider the entire problem, and they would like to hear from the Officers of the California Water & Tele- phone Company before they do consider the matter further. Therefore, there is nothing further to be done on the part of National City un- til we are advised of the desires of the Board of Directors of the South Bay Irrigation District. Ct)UACILviAN HECK stated he thought that any decision of any further procedure would be by decision between the two bodies, South Bay Irrigation District and National City.. COUNCILMAN FESSfiAN and COUNCIL4iOE AN HOLLINGS uORTH both stated they were in accord with Councilman Heck. CITY ATM/RNLI CURRAN reported the Public Utilities °ommission in case No. 5994 has given notice of hearing. This involves the establish- ment of priorities for grade crossings. Inasmuch as the City Iuanager reported, at the last meeting, that National City has no grade cross- ings which required any action, this hearing of the Public Utilities Commission has no significance as far as we are concerned, CITY ATTORNEY CURRAN reported we have received a copy of an order from the Public Utilities Commission, instituting investigation in case No. 5979. This involves the matter of establishing rules and procedures to facilitate the Administration of the 1957 amendment to Vehicle Code Sections 576 and 576.5 relating to the requirement that certain motor vehicles must stop at railway crossings. The legislat- ure has given authority to the Public Utilities Commission in this regard that the Commission feels it necessitates further investigat- ion and study as a result of which, the order made in effect preserve 11/12/57 164 the status quo as to the point where city streets cross railroad sections that a stop of all motor vehicles will be required. PROPOSLD A iENDMENT OF ORDINANCE 905 was presented. COUNCILMAN HOL- LIN'GSwORTH stated she opposed to any change in the ordinance. COUNCIL- MAN HART stated he felt the ordinance should be changed, allowing new houses to be moved into the City. CLUNCILIUAN FESSMAN stated when the matter was first brought up, he agreed with Councilman Hart that the Council should permit new hones to be moved into the City, but the City Attorney reported that it would not be possible to write an amendment to the ordinance that would not weaken the ordinance to the point where it might be possible to challenge and nullify the effect of the ordinance. COUNCILMAN HECK stated he felt we should retain our present existing ordinance. C(YvimUNICATIi N FROM LKUE 8c DIERDORFF was presented regarding house moving ordinance. Moved by Heck, seconded by i1essman, that the City Clerk be directed to send a communication to ?�+alkoe 8c Dierdorff, stating the City of National City, at the present time, does not wish to change their present existing ordinance. Carried, by the follow- ing vote to wit: Ayes: Fessman, Heck, Hollingsworth, Hcxige. Nays: Hart. HEARING ON KENTON AVENUE was held at this time, and no one was pres- ent to protest. CITY CLERK ALSTON reported she had received no writ- ten protests. Moved by Heck, seconded by Fessman, the hearing be closed, and the City Attorney be instructed to prepare the necessary resolution. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hack, Hollingsworth, Hodge. Nays: None. HEARING ON 1911 ACT ON 17TH STREET was held at this time, and no one was present to protest. CITY CLERK ALSTON reported she had received no written protests. Moved by Heck, seconded by Fessman, the hearing be closed, and the City Attorney be instructed to prepare the neces- sary resolutions, ordering the work. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT OF CITY TREASURER for month of October, 1957 was presented. Loved by Hollingsworth, seconded by Hart, the report be filed. Car- ried, all the Council present voting aye. APPLICATI(,i FOR ON SALE BEER AND 4INE LICENSE for Franco Italian Restaurant, 619 National Avenue, waSpresented. REPORT FROM POLICE CHIEF SMITH stated investigation discloses no grounds for protest. Moved by Hart, seconded by Hollingsworth, the letter be filed. Car- ried, all the Council present voting aye. COMMUNICATION FROM PACIFIC EMPLOYERS INSURANCE COMPANY was read stat- ing they were giving ten day notice of termination of Policy No. 01 G 60884 for Egnew House Moving Company, effective 12:01 A.M. on the 21st day of November, 1957. ATTORNEY CURRAN stated i new House 11/12/57 165 Moving Co. should be notified of the cancellation, and they should, within the ten day period, file a new policy. Moved by Heck, second- ed by Fessman, that the Attorney's recommendation be approved, and the City Clerk be instructed to so advise the Egnew House Moving Company. Carried, all the Council present voting aye. CITY CLERK ALSTON announced National City was to be the host, Novem- ber 15, 1957, to the County Division of the League of California Cities. The meeting is to be held in the Community Bldg. VERIFIED CLAIM AGAINST CITY OF NATIONAL CITY SIGNED BY MRS. MARIAN A. DAVIS for damage alleged done to her car, was presented. CITY MANAGER BIND recommended the claim he referred to the City Attorney and our insurance company. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. VERIFIED CLAIM SIGNED BY 4JALKOE AND DIERDO iFF IN BEHALF OF LOUIS W. VAUGHN, located at 3031 East 18th Street, was read. Mr. Vaughn is claiming damage done to his house and lot arising out of roadwork on 18th Street conducted by the City. CITY MANAGER BIRD recommended the claim be referred to the City Attorney. Moved by Hollingsworth, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM CITY ENGINEER LILL was read regarding Scott Ter- race subdivision. The final inspection has been made of this Sub- division, the improvements have been installed in accordance with the plans and specifications, and it is recommended the City accept the improvements. Moved by Heck, seconded by Hart, the City accept the improvements and the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: Hart, Heck, Hollingsworth, Hodge. Nays: Fessman. RESOLUTION NO. 7114 was read, approving work done by Lester uy. Knapp for installation of improvements in Scott Terrace Subdivision. Mov- ed by Hart, seconded by Hollingsworth, the resolution be adopted. Carried, by the following vote to -wit: Ayes; Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CO E NICATICN FROM MA;RGARET A. NOBLE was read, stating she has sold her property located at 2100 Grove Street to the City of National City for street purposes and received the 1957-58 tax bill for this property, but, inasmuch, as she accepted our offer previous to July, 1957, she does not feel she is responsible for this tax. CITY TAN- AGER BIRD stated the City bought this property free and clear from. Margaret A. Noble, and he recommended the communication be referred to the City Clerk for proper disposal. Moved by Hart, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. Loved by Heck, seconded by Hol- lingsworth, that a letter be directed'to the Board of Supervisors re- questing deferment of taxes due for payment by the City and a Reso- lution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heok, Hollingsworth, Hodge. Nays: None. 11/12/57 166 PLANS AND SPECIFICATIONS for paving of center strip of Plaza Blvd. in 0. D. Arnold Estates Subdivision, was presented. CITY MANAGER BIRD recommended the apyroval of the plans and specifications and authorize the City Clerk to advertise for bids. Moved by ?essman, seconded by Hollingsworth, the City Manager's recommendation be ap- proved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. PLANS AND SPECIFICATIONS FOR MCKINLEY AVENUE IMPROVEMENT, 14th Street to 24th Street, Gas Tax Project No. 47, was presented. CITY MANAGER BIRD recommended the City Council approve the plans ad specifications and authorize the City Clerk to advertise for bic1J, subject to the approval of the Division of Highways of the State of California. Moved by Fessman, seconded by Hart, tie City Manua;er's recommendat- ion be approved. Carried, all the Coracil present voting aye. CITY MANAGER BIRD reported in regard to the Hall of Science, and he was in contact with Mr. Robert Heilbron, Chairman of the Site Commit- tee and, at present, the Finance Committee and the Site Committee are not interested in locating a site; they are attempting to Locate a building, but will possibly be in need of a site at a later date. REPORT FROM THE PLANNING CO VIISSICN was read relative to Application for Conditional Exception No. 591 signed by James L. Dodd. Petition- er is requesting permission to build a small two bedroom house at 1346 I Avenue on the west 50 feet located in an R-1 Zone. Also var- iance in rear yard setback from 25 feet to 10 feet. The Planning Commission recommended the request be denied. Moved by Hollingsworth, seconded by Fessman, the Planning Commission's recommendation be sustained. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge, Nays: Hart. REPORT FROM THE PLANNING C0MmISSION was read regarding Application for Conditional Exception No. 592 signed by L. E. Stephens relative to the property at 1625 Newell Street. Petitioner is requesting per- mission to construct two additional duplexes to be used as income units on the described property, located in an R-1 Zone. Also var- iance in rear yard setback from 25 feet to 4 feet; variance in dis- tance between structures from 15 feet to 4 feet, The Planning Com- mission recommended the request be denied. Moved by Hollingsworth, seconded by Fessman, that the Planning Commission's recommendation be sustained. Carried, all the Council present voting aye. REPORT FROM THE PLANNING CCUMISSION was read in regard to Application for Conditional exception No. 596 signed by C. id;. Good relative to the property located at the southeast corner of 7th Street, and Palm Avenue. Petitioner is requesting permission to use the south. 50 feet for business purposes as a rental of garden equipment including small garden tractors, lawn mowers, etc. Said property is located in an R-2 Zone and is bounded on the South by a C-2, Limited Business District. The Planning Commission recommended that Conditional Ex- ception No. 596 be granted for the use as a rental location for gar- den equipment and cement mixers only; that the conditional exception 11/12/57 167 be granted to Mr. C. W. Good and not be transferrable or saleable and that he adhere to all of the present setbacks that are now in existance on Palm Avenue. Moved by Fessman, seconded by Hart, that the Planning Commission's recommendation be akEroved and a res)lut- ion be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MAAAGER BIND requested the City Clerk be authorized to send a letter to Mr, ) illiam Pratt, owner of the building at 8th and High- land, who so graciously allowed the City to use the building, at no cost, for quarters for the Bureau of Census for t].a 'united States Government. Moved by Tart, seconded by Fessman, ie City Manager's request be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7115 was read, UilESOLU_IDN COOIi Ii3G ASSESSMENT (Kenton Avenue)u. !Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. A CARROWAY, 1441 Harbison, was present and stated he had arrived after the hearing on Kenton Avenue had been closed and requested permission to speak. In Carroway questioned the payment of the assessment on the 1911 Act as helives across the street in San Diego, and the street belongs to National City. CITY MANAGER BIRD stated we have permis- sion from the City of San Diego to make the assessment. MAYOR HODGE stated there is going to be a testimonial dinner for Charles 4i. Bloomenshine at the El Cortez Hotel Friday night. Mayor Hodge requested the Council write Mr. Bloomenshine a letter thanking him for his interest in National City. Moved by Hollingsworth, sec- onded by Heck, that the Mayor's request be approved. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:48 P.M. MAYOR, CITY OF NATIONAL auTy, CALIFORNIA ATT.h3T : CITY CLLRK 11/12/57