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HomeMy WebLinkAbout1957 07-02 CC MIN1 National City, California, July 2, 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, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Stockman, Lill, Holgate, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. uuarriner. Moved by Hollingsworth, seconded by Fessman, that the minutes of the regular meeting of June 25, 1957, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6995 was read, amending Resolution No. 6834 adopted January 15, 1957, relating to the Improvement of 18th Street between Palm and Rachael. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6996 was read, approving the issuance of an excavation permit to Konrad Leak for lots 282 and 283 of Lincoln Acres Annex No. 2. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6997 was read, "RESOLUTION OVERRULING PROTESTS (Kenton Avenue)." Moved by Heck, seconded by Hollingsworth, that the Resolut- ion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6998 was read, `'RESOLUTION CONFIRMING ASSESSMENT (26th Street)." Moved by Hollingsworth, seconded by Hart, that the Reso- lution be adopted. Carried, all the Council present voting Aye. RESOLUTION NO. 6999 was read, accepting all those certain parcels of real property described in three deeds from the following: JOSEPH & JOSEPHINE ARENA: CHARLES E. & EVELYN L. MOORE: ALBERT V. & VIOLA G. STEELE. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated we have a procedure with reference to the Fire Prevention Code; there have been reports in the past to the effect of the litigation in Culver City whereby certain provisions of the Code in that instance were declared invalid. Attorney Curran said he is of the opinion that by modifying the Fire Prevention Code and strik- ing some of the objectionable materials, we can proceed to adopt by reference. The law prescribes that the title to the ordinance be read after which a hearing be set up and a notice of the hearing be published. The title reads as follows: "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING BY REFERENCE THE FIRE PREVENTION CODE RECOMMENDED BY THE NATIONAL BOARD OF FIRE UNDER5RITERS.' The notice which has been prepared was read, setting forth the date of hearing on the Fire Prevention Code, as Tuesday, August 6, 1957 at 7/2/57 2 2:00 P.M. ATTORNEY CURRAN recommended, if the Council desires to proceed with this matter, that by motion, the hearing be set; that the Council finds and determines that the notice, as read., contains a description sufficient to give notice to any interested person of the purpose of the ordinance and of the subject matter thereof; and the form of notice as read, be ap. roved, and the City Clerk be ordered to publish the notice, as read, twice in the National City Star -News. Moved by Heck, seconded by Hart, that the Attorney's recommendation be allowed, and that the hearing be set for August 6, 1957 at 2:00 P.M., and further that the notice, as read, give sufficient inform- ation and description to hold a hearing, and that the notice, as read, be approved, and the City Clerk be instructed to publish the notice of the hearing twice. Carried., by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. ATTORNEY CURRAN reported that the State Compensation Insurance Fund has issued its Policy No. D-10429 for orkmen's Compensation cover- age for one year; and recommended it be approved and filed. Moved by Hart, seconded by Hollingsworth, that the Attorney's recommend- ation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated after the last meeting when he was authorized to contact Tarter, Webster & Johnson with reference to their insur- ance coverage required pursuant to their lease for certain purtions of the tidelands, he addressed a communication to their offices in San Francisco, and he was contacted on the telephone by their Attorn- ey who raised several questions, one of which requires determination by the Council. Tarter, 'uuehster & Johnson, Inc. is a California corporation, which is a wholly owned subsidiary of American Forest Products Corp., and the Attorney who represents them stated that the financial responsibility of the parent company is such that they pre- fer to carry their own insurance on property damage to the extent of $5,000.00. Attorney Curran stated the question he raised was the fact that there was no coverage because of the $5,000.00 deductible feature in the policy. The basic contention of the Company is that they are able to cover any loss; the lease requires that the City be held harmless, and they feel it is an additional expense to require them to take up this first $5,000.00 of liability; they therefore ask for a waiver to that extent regarding the present provision for insurance coverage in the lease. Moved by Heck, seconded by Hart, that the Attorney be instructed to notify Tarter, +Tiebster & Johnson and the parent Company, American Forest Products Corp. that they be required, in terms and conditions of the lease, to furnish full cov- erage to the City of National City. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. HEARIiuG ON 1911 ACT IMPROVEMENT ON iiILSON AVENUE was held at this time. COMMUNICATION FROM JULIETTE KEAN was read protesting the im- provement. CITY CLERK ALSTON stated she referred the protest to the City Engineer, and he reported that it represents 1.64% of the work to be done. CITY CLERK ALSTON stated she had no other written pro- tests; and no one was present to protest same. Moved by Heck, 7/2/57 3 seconded by Fessman, that inasmuch as there was only one written protest/and no oral protests, that the hearing be closed, and the Attorney be instructed to continue the 1911 project on Wilson Avenue due to the fact there is less than 50%o protest. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. ATTORNEY CURRAN stated with reference to the proposed annexation be- yond 30th Street, which was also referred to the City Engineer and to the City Manager. This time he wants to point out that if the Council is of the opinion they want to permit these proponets to proceed before any action is taken by the Council, it will be nec- essary to refer the matter to the Planning Commission for its recom- mendation and report. Moved by Heck, seconded by Hart, that the annexation petition for the two blocks South of 30th Street be re- ferred to the Planning Commission for a report. Carried, all the Council present voting aye. ATTORNEY CURRAN referred to the Communication from the Planning Com- mission with reference to the Earl Morefield property, wherein a re- dedication is requested. In checking back with the Planning Dept. it appears there will have to be a street closing for that portion of the street which will not be needed, and we will need -a legal description from the Engineering Dept. as to the portion to be closed. COUNCILMAN HECK stated that Attorney Merideth Campbell and Attorney Cory representing Internatiornl Metals were present in regard to Ap- plication for Conditional Exception, and asked that it be taken up at this time. REPORT FROM THE PLANNING COMMISSION was read regard- ing Application for Conditional Exception No. 588 signed by the Inter- national Metals Inc., Charles M. Davis, President, relative to Block 152 and all of Block 151, except the Nly 115 feet thereof, City Plat (North side of 24th Street in the 400 Block). Petitioner is request- ing permission to use the property as an auto wrecking yard. It was the recommendation of the Commission that C _;nditional Exception No. 588 be granted for a period of three years at the end of which it is to be brought back before the Planning Commission for a hearing; and the Commission also recommended that it be restricted to Mr. Lester Street only as leasee, no burning, the area be entirely within an enclosure formed by a solid wall or structure not less than eight feet in height, and further that none of the material within such enclosure be placed so that such material or any portion thereof is above a straight line extending from any point an the top of said eight foot wall or structure to any other point on the top thereof. ATTORNEY ME 1DETH CAIPBMT,, representing Mr. Street, was present. ATTORNEY ALEC CORY, representing Mr. Davis, was present. Moved by Heck, seconded by Hart, that Application for Conditional Exception No. 588 as approved by the Planning Commission be approved by the Council with the further provisions that off street parking will be provided, and that it be granted to only the leasee Mr. Lester Street and Mr. Nenow for a period of three years; that the off street park- ing be provided inside the fence for a minimum of fifteen cars. Car- ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hodge. Nays: Hollingsworth. 7/2/57 4 BILLS AUDITED BY THE FI dA.NCE COMMITTEE presented: General Fund $10,965.58 Traf f i c Safety Fund 2,497.02 Park Fund 200.98 Trust & Agency Fund 50.00 Special Street Fund 2,351.60 Drainage Fund 140.45 Payroll Fund 34,553.09 TOTAL .. . .. . . . . . •$50,758.72 Moved by Hollingsworth, seconded by Fessman, that the bills be ap- proved for payment and warrants drawn for same. Carried, by the following vote to -writ: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7000 was read, authorizing the payment of $7,711.60 from the Capital Outlay Fund to National Cash Register Company for bookkeeping machine. Moved by Hollings girth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. REPORT FROM CHIEF OF PMICE SMITH was read regarding the application of the Military Order of the Purple Heart to exhibit firearms. Inasmuch as this organization has no Chapter in National City, and because of the many local drives that are continually taking place throughout the year, it is recommended that the request be denied. Moved by Hollingsworth, seconded by Hart, that the recommendation of the Chief of Police be approved. Carried, all the Council present voting aye. APPLIGLTION FOR OFF SALE BEER & WINE by La Novedad Grocery, 2042 McKinley Avenue, was presented. REPORT FROM POLICE DEPA.LTflIENT stated that investigation reveals no grounds for protest. Moved by Hart, seconded by Hollingsworth, that the application be filed. Carried, all the Council present voting aye, RESOLUTION FROM CHJ MBE.1 OF COMMERCE in support of the second aqueduct bond issue, was presented. Moved by Heck, seconded by Hart, the resolution be filed. Carried, all the Council present voting aye. PETITIOd from property owners for 1911 Act Improvement of Rachael Avenue between 6th Street and 8th Street, was presented. Moved by Heck, seconded by Hart, that the petition be referred to the City Engineer for a feasibility report. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Posting Notices of Filing of Assessment and Fixing Hearing Date Thereon for Hoover Avenue; also the Affidavit of Posting Notices of Filing of Assess- ment and Fixing Hearing Date There for 26th Street; and «ffidavit of Publication of the Resolution of Intention for Wilson Avenue. 7/2/57 5 COMMMUNICATION FROM ASSEMBLYMAN HEGLAND was read stating he was en- closing a report from Legislative Counsel to the Governor on AB 2425. CITY CLERK ALSTON stated the report will be on file in her office. CITY ENGINEER LILL reported that the 24th Street Improvement is con- tinuing after work was delayed for two or three weeks due to the concrete finishers strike; work has begun on 13th Street Improvement; the contractor on the 18th Street Improvement is doing the prelimin- ary underground work and probably will start grading the street with- in two weeks; the contracts have been signed for the Improvement of National Vista Subdivision and the work will start in the near future. CITY ENGINEER LILL stated in regard to the petition for the improve- ment of Rachael Avenue. The other petition was signed by a good per- centage of the property owners, this particular petition was signed by 47% of the property owners, and recommended that sidewalks be authorized to be included in the improvement. Moved by Heck, second- ed by Hollingsworth, that the Engineer's recommendation for the in- clusion of sidewalks on Rachael Avenue between 6th and 8th Street be included in the existing 1911 Act. Carried, all the Council pre- sent voting aye. CITY ENGINEER LILL stated in regard to the proposed annexation in the area of D' Avenue and 30th Street, the petition was signed by owners of approximately 39% of the area. Mr. Lill stated he has not investigated it from an engineering standpoint, if it is required, he will make an engineer's report on the proposed annexation. Moved by Heck, seconded. by Hart, that the Engineer's recommendation to the Council be forwarded to the Planning Commission for study and report back to the Council. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the request of the San Diego Yellow Cabs, Inc., there was a meeting held by the Traffic Safety Committee, REPORT FROM THE TRAFFIC SAFETY CO MITTEE was read stat- ing that the Committee voted unanimously to approve the application made by the Yellow Cab Company of San Diego to operate 14 cabs within the boundaries of the City of National City; this approval was given with the understanding that the Yellow Cab Company of San Diego will comply with conditions set forth in a letter to the City Council from the Yellow Cab Company of San Diego dated June 14, 1957; and as set forth in Ordinance No. 682. CITY MANAGER BIRD recommended that it be referred to the City Attorney for a report at the next meeting. Moved by Hart, seconded by Fessman, that the Manager's recommendation be approved. Carried, all the Council present voting aye4 CITY MANAGER BIRD reported that he has an easement prepared by the California Water & Telephone Company wherein they wish to relocate on 1R4 Avenue between 4th & Division Street their present existing pipeline and to straighten the line; it has been submitted to the Engineering Department for checking of the easement as set forth, and recommended it be referred to the City Attorney for a report at the next meeting. Moved by Harts seconded by Fessman, that the City Manager's recommendation be approved. Carried, all the Council pre- sent voting aye. 7/2/57 6 REPORT FROM CITY ENGINEER LILL was read regarding acceptance of im- provements in Williams Manor No. 3 Subdivision, stating the improve- ments have been installed in accordance with the plans and specif- ications, and it was recommended that the City accept the improve- ments. The subdivider is entitled to a refund of $110.47 from his deposit for this subdivision. RESOLUTION NO. 7001 was read, finding and determining that all the work required to be performed by Harry L. Williams for installation of improvements in the Williams Manor No. 3 subdivision has been performed pursuant to, and as required by that certain contract by and between the City and Harry L. Williams; and orders that said work of improvements be approved and same is hereby accepted by the City of National City. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding the installation of traffic lights, 18th Street and Paim Avenue, recommending that the work be accepted and that a Notice of Completion be filed. RESOLUTION NO. 7002 was read, accepting the work done by Ets-Hokin and Galvan for installation of traffic lights at 18th Street and Palm Avenue, and authorized the filing of a Notice of Completion and orders payment for said work be made in accordance with the contract. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried., all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding the widening of Harbison Avenue at Earle Drive, stating that the owners of the prop- erty at the Northwest corner of Harbison Avenue and Earle Drive have indicated they will not give the City a dedication for the subject widening, and that condemnation is the only choice left for the City. CITY MANAGLR BIRD recommended this be referred to the City Attorney with authorization to bring condemnation proceedings. Moved by Heck, seconded by Fessman, that the City Manager's recommendation be for- warded to the Attorney for the institution of condemnation proceed- ings. Carried, all the Council present voting aye. COMMUNICATION FROM THCJAS C. ACKE 'a;AN, JR., of Gray, Cary, Ames & Frye, was read, stating this will confirm that Mrs. ;Margaret M. Noble has given him oral authorization to offer to sell her property in the 2100 block of Grove Street for the sum of 83,000.00 net to her. Her written offer will be obtained immediately. CITY iv TANAGER BIRD recommended it be referred to the Finance Committee. Moved by Hollingsworth, seconded by Fessman, that the City Manager's recom- mendation be approved. Carried, all the Council present voting aye. COLIZINICt T'ION FROM HARRISON W. HERTZBERG was read stating he is the Attorney for the Tele-Movie Development Company, Inc. and they are engaged in the process of developing pay as you see television throughout the State and possibly on a National basis. They would like the opportunity to appear before the Counoil for the purpose of 7/2/57 7 explaining their system and for the purpose of making a formal re- quest for a permit to operate the system in National City. Moved by Hollingsworth, seconded by Heck, that the City Manager apprize these people of a meeting with the Council and have them appear before the Council. Carried, all the Council present voting aye. at CITY MANAGER BIRD stated/the meeting of the Finance Committee, it was recommended to the City Council that the City Engineer be author- ized to prepare plans and specifications for the installation of traffic signals at 18th & "D4 Avenue; 8th & D4 Avenue; loth & Nation - al Avenue; and 4th & National Avenue, so that bids can be advertised. CITY 'MANAGER BIRD recommended that the Council take affirmative act- ion. Moved by Heck, seconded by Hart, that the Finance Committeeos recommendation to the City Council be approved, and the Engineer prepare the plans and specifications. Carried, all the Council pre- sent voting aye. CITY MANAGER BIRD reported that we are proceeding with planned ac- quisition of those rights -of -ways which are necessary to acquire, and requested authorization from the Council authorizing the City Attorney to set up a revolving fund, within the legal frame work of the City, wherein we would be in a position to sign options for prop- erty; the fund be set up from the acquisition fund in the drainage summary, in the budget just adopted, so our movements will not be hampered. When our representatives meet with these people, owners, we wish to be in a position to take an option for a stated approved amount and have available warrants to be drawn from the revolving fund signed by the Mayor and the City Clerk, so there will be no delay. Moved by Hart, seconded by Fessman, that the request of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGES BIRD stated we have a matter of an easement on 18th Street of one John Doe, which threatens to stop our work, and would like at this time to have the City Attorney authorized to bring con- demnation action against one John Doe LaValle, the legal description of the property to be furnished him by the City Engineer, so we may proceed on 18th Street. Moved by Fessman, seconded by Hart, that the request be granted. Carried, all the Council present voting aye. CITY MAN1tGER BIRD reminded the members of the Council of the Water Hearing this evening at 8:00 P.M. in the Council Chambers. COTva4UNIC,.TIUN FROM ROLAND SCHURR, FRED HUNTER, JOE KALLA, AND HERBERT SuiITH was read stating that they own the property between 4th Street and 5th Street on the West side of Highland Avenue, and wish to set their curb back to the line approved by the City Engineer. CITY I,NAGER BIRD stated this is in line which was allowed by the City Council of the block South and East on Highland Avenue; however, in this particular block it will require, if Council grants this appli- cation, authorization to the City Engineer to not only set the grades but also to notify the utility company to remove the three existing electric poles which will have to be set back. Moved by Hart, sec- onded by Hollingsworth, that the request be granted and the City 7/2/57 Engineer notify the utility company to have the poles moved and the grades set. Carried, all the Council present voting aye. Report from City Engineer Lill regarding Highland Avenue Improve- ment, Division Street to 30th Street, was read, transmitting the estimate of the improvement. This estimate may have minor revisions but will be generally in agreement with the final estimate. All of the proposed City's contributions based on past procedures have been entered and on distribution of costs previously mentioned by the Council. We can prepare the Engineer's Report and proceed with the project as soon as they are ad4sset of the probable City contribution. CITY MANAGER BID stated this/ oci templates in its complete total an estimate of $292,900.00 which includes everything. The estimated costto the property owners is $161,390.00 and the estimated cost to the City is $131,510.00. The estimate does not include work required on private property at 2nd & Highland Avenue on account of the grade change; this amount would be approximately $3,000.00 and should be paid by the City, which would bring the total cost to p295.900.00. The Engineer is asking of the Council whether we proceed with the project, and if so where will the City+s contribution come from and when will it be available. COUNCILdVOM N HOLLINGlaORTH stated we have a policy where the property owner is setting the curbs back and the City is putting in a base on the Avenue and if that would con- tinue another year, we would achieve improvement of Highland Avenue at a very much lesser cost than this presented. CITY MANAGER BIRD stated that if the Council is going to have a hearing, he would sug- gest that they deviate from the policy in the past wherein the City Engineer and the City Manager conduct the hearing, and that the hear- ing be held directly by the City Council. If the City Engineer and City Manager do hold the hearing, they must make a report within ten days of the hearing, and must set forth to the Council the per- centages of protests for and against, those present, etc. and then if it is protested out, it is the prerogative of the Council by an un- animous vote to override that protest, otherwise, if it is protested out, the issue is dead for one year. Moved by Heck, seconded by Fessman, that we hold an official hearing. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hodge. Nays: Hart, Hollings- worth. COUNCILvvCMAN HOLLINGS.,ORTH said we have a request of the City Manager that the hearing be held by the Council rather than by the City Engineer and the City Manager, as Hearing Officers. COUNCILMAN HECK said he thought the ideal situation is to continue with our staff conducting the hearing, with the Council members in attendance; by permitting our staff to conduct the hearings,we have found it has been much more successful than the hearings conducted by the Council. DIRECTOR OF PUBLIC HOUSING GAUTEREAUX presented the summary of ten- ant account transactions for July 1956 to June 1957. BEPORT FROM PLANNING COMMISSION regarding Application for Conditional Exception No. 586 signed by Bock S. Lew relative to property at the Northwest corner of S. 47th Street and Division Street was read. Petitioner is requesting permission to construct a modern food market of 4,000 to 5,000 square feet of floor space. The Commission recom- 7/2/57 9 mended the denial of the request in view of the opposition presented. APPEAL from Mr. Lew, Petitioner, and Mr. Kleeber, lrteal Estate Agent, was read, asking that the Council approve the request. LETTER OF PROTEST from A. J. Cracolici, Sr. and Dinah A. Cracolici, was read. Moved by Hollingsworth, seconded by Fessman, that the City Council sustain the denial of the zone variance made by the Planning Commis- sion. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REPORT FROM THE PLANNING COMMIISSION was read regarding Application for Conditional Exception No. 587 signed by Fred C. Peterman relative to the property at 1639 Highland Avenue. Petitioner is requesting permission to construct a residential unit on the East property line eliminating the rear yard setback which will allow additional prop- erty improvement with maximum off street parking. The Commission recommended the application be granted. Moved by Heck, seconded by Hart, that the Planning Commission's recommendation be sustained and the Attorney prepare the necessary resolution. Carried, by the fol- lowing vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. 00UNCILV10MAN HOLLINGSiiORTH stated that Mrs. Rubio Miller has asked that the City Council donate their October salary to a very worthy project which is coming up in November, and Mrs. Hollingsworth asked of the Council members if they so wished. She said she thought it was for the Girls' Club. COUNCILMAN FESSI'IIAN referred to the zone variance for the auto wreck- ing yard, and in the motion we did not get Attorney Campbell's opin- ion if they would go along with one point that it be specified in the variance permit, that any violation would be cause for immediate withdrawal of the permit. Mr. Fessman said he thought that provision should be in the permit. If people ask for a zone variance, we should have a firm contract drawn up, and they sign it; and they will enjoy the privileges of that contract as long as they conform to the terms of their contract; and if this is not in conformance with the ordin- ance, the ordinance should be amended. COUNCILIVMAN HECK said he did not think the Council should have to furnish the property owners all of our laws we have, it is incumbent upon the property owners to know what laws are in existence. CITY MANAGER BIRD stated he was informed by the Chairman of the Harbor Committee there would be a meeting of the Harbor Committee Friday afternoon, July 5th at 3:00 P.M. CITY MANAGER BIRD asked when the Council would be available to meet with the Planning Commissi on in regard to the master plan of the harbor, the Mohr Adams Plourde Plan. The meeting was set for July 29th. Moved by Hart, seconded by Heck, that the meeting be closed. Car- ried, all the Council present voting aye. Meeting closed at 3:58 P.M. ATTEST: / CITY CLERK MAYOR, CITY OF NATIONAL GI`T , CALIF.