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HomeMy WebLinkAbout1957 01-02 CC MIN175 National City, California, January 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, Heck, Hollingsworth, Hodge. Council members absent: Hart. ADMINISTRATIVE O FICIALS present: Alston, Lill, Gautereaux, Curran, Bird, Holgate. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. George Thomason. Moved by Fessman, seconded by Hollingsworth, that the minutes of the regular meeting of December 26, 1956, be approved. Car- ried, all the Council present voting aye. RESOLUTION NO. 6825 was read, "RESOLUTION DIRECTINCT PREPARAT- ION OF ASSESS:.ZE:NT DIAGRAM', IN THE MATTER OF THE IMPROVEMENT OF CLEVELAND AVENUE". Moved by Hollingsworth, seconded by Fess- man, that the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 6826 was read, "RESOLUTION OVERRULING PROTESTS (HOOVER AVENUE)". Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. RESOLUTION NO. 6827 was read, "RESOLUTION ORDF_RIN`1 THE WORK (HOOVER .VENUE)". Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. ATTORNEY CURRAN stated notice has been received from Pacific Employers Insurance Company that a sidewalk license bond cover- ing Alvin Janes Vildibill is to be cancelled thirty days after receipt of the notice. This requires that Mr. Vildibill be notified so that he can post a new bond, and any default there- of his license will have to be revoked. Moved by Heck, second- ed by Hollingsworth, that the Attorney's recommendation be al- lowed, and the City Clerk prepare the necessary notification. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that a certificate of insurance has been issued by Walker & Co., certifying new certificates had been issued for excess hospital liability insurance cover- ing California Hospital Association and Paradise Valley San- itarium & Hospital, and recommended that it be approved and filed, Moved by Hollingsworth, seconded by Fessman, that the Attorney's recommendation be followed. Carried, all the Coun- cil present voting aye. ATTORNEY CURRAN stated the Insurance Carrier has investigated the claim of William C„ McKay for $175.16 and feels there is no liability for the damages claimed; therefore, it is recom- mended the claim be formally rejected by the City Council, Moved by Heck, seconded by Fessman, that the Attorney's recom- mendation bc- allowed. Carried, all the Council present voting aye. 1/2/57 176 ATTJRNEY CURRAN reported that the Insurance Carrier advised that its investigatiln of the claim filed by Dora Sanchez for $350.00 is such that he feels it is a situation in which there is no legal liability on the part of the Lity. It is the At- torney's recommehdation that the claim be formally rejected by the City Council. Moved by Fessman, seconded by Hollings- worth, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he has conferred further with the At- torney for the South Bay Irrigation District and the Board of Directors of the District is having a meeting this after- noon. The feeling of the City Attorney and the Attorney for the District is that the Attorneys should have a conference with the Engineers, Leeds, Hill & Jewett, in order to ascert- ain the feasibility of certain divisions, such as suggested by Councilman Fessman at the last joint meeting, and which were discussed in detail at the meeting in Los hngeles with O'Melveny & Myers. If the Council would care to authorize a conference with Leeds, Hill & Jewett and with the Attorney for the South Bay Irrigation District, we feel we could come up with specific recommendations based on the problems which were discussed with O'Melveny & Myers. Moved by Hollingsworth, seconded by Fessman, that the City Attorney be authorized to seek a conference with the Engineers, Leeds, Hill & Jewett to provide a feasibility report. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $12,457.48 Traffic Safety Fund 790.32 Park Fund 12.58 Retirement Fund 2,856,29 Drainage Fund .87 Payroll 32,659.37 TOTAL $48,776.91 Moved by Hollingsworth, seconded by Heck, that the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Hodge. Nays: None. Absent: Hart. MRS. HENRY iM0ORE, 447 E. Second Street, was present and asked if the Council would approve the recommendation of the Planning Commission in regard to zoning of their property at Division and Kenton, Lots 244 - 25, National Vista #1. COMMUNICLTIJN FROM MR. & MRS. HENRY MOORE was read in this regard. HAZEL STOCKMAN, secretary of the Planning Commission, stated when the Commission was making a study of the proposed zoning or- dinance and land use map, they had four written requests which they thought were too vital for the Planning Commission to take up without a public hearing; therefore, they publicized the hearing, which was held on February 14, 1956. The Planning Commission did not go along with their recommendation as to commercial usage since it was located in an R-1 zone, however, that was for a change in the proposed land use map. After each individual was heard, a motion was made that the proposed land use map be changed with the recommendations as made. The land use map, along with the proposed ordinance was abandoned and the zoning is still as adopted under Ordinance 750 and its amendments, which places this property in an R-1 zone. COUN- CILMAN HECK stated it should be pointed out that this partic- ular subject was put on the ballot, and the voters turned the 1/2/57 177 *natter down so that there will not be any land zoning changes, and apparently they are not interested in the adoption of a new zoning ordinance. The only recourse Mrs. Moore would have, if she has plans for improving her property to multiple dwellings in an R-1 zone, is to file a zone variance through the Planning Commission. COUNCILMAN FESSMAN and COUNCILWOMAN HOLLINGSWORTH agreed it should be done by a zone change, and they should apply to the Planning Commission with a petition signed by the property owners in the area for this zone change, and then it will be changed on the map. It is ideal planning to have R-2 or R-4 buffer between business property and single residences. MAYOR HODGE stated he would advise Mr. and Mrs. Moore to go back to the Planning Commission a:d start again. COUNCILMAN HECK stated the fee is $75.00 on a zone change, $25.00 on a zone variance. REQUEST OF FREDERICK T. BLAKELY for decision of zone for his property was presented. COUNCILWOMAN HOLLIN3SWORTH stated each one of these pieces of property would have a variation, and she feels that the Ordinance ahould stand as it is now, and each case should be decided on its own merits and brought be- fore the Council. COUNCILMAN HECK said in fairness to the property owner, rather than spend $75.00 for the benefit of all the other property owners adjacent who would benefit by a zone change, but not share in the cost of it, that the individ- ual property owner file for a zone variance rather than a zone change. We are operating on an obsolete zoning ordinance and consideration should be given by this Council to amend Ordin- ance 750 or adhere to the letter of the law as it is now writ- ten. COUNCILMAN FESSMAN stated in Ordinance 750, mention is made of "hardship" but the word is not defined. COUNCILMAN HECK stated that possibly the definition of "hardship" should be amended into our Ordinance 750. Moved by Fessman, seconded by Heck that interpretation be given that zone line should be on the south line of Lot 14. from the center of Arcadia Place to include all of Lot 4 as R-2, the zone line then would go on the west side of Lot 11., northerly again to the rear of the lot facing 8th Street. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. REFERRAL of the Tidelands Bill was presented at this time. ATTORNEY CURRAN stated that pursuant to the directions of the City Council, he contacted the City Attorney of Chula Vista, and at the present time, there appears to be some question as to whether or not the City of Chula Vista will proceed with any requests, that legislation be had in this matter. It also appears clear that Chula Vista has a much greater interest in this than National City, that the portion of National City's tidelands affected is very small in comparison to the amount affected by this proposal to Chula Vista. CITY MANAGER BIRD stated he talked with Mr. Mohr over the telephone and he is going to write a letter requesting that no action be taken re- garding this matter at the present as they feel that there is a different appr.ach to it. Moved by Fessman, seconded by Heck that this matter be tabled. Carried, all the Council present voting aye. NOTICE FROM CORPS OF ENGINEERS, U. S. ARMY regarding an applic- ation made by the San Diego Gas and Electric Company, for a permit to install an electric transmission cable on the bottom across San Diego Bay from San Diego to Coronado, was presented. CITY ENGINEER LILL reported this proposed cable location is not in the City of National City. 1/2/57 178 AN'1UAL REPORT OF FINANCIAL TRANSACTIONS CONCERNING STREETS AND ROADS of Cities and Counties of California, was presented. CITY CLERK ALSTON stated it will be on file in her office. RESOLUTION NO. 42 from the City of Imperial Beach was present- ed, requesting that the Council support and assist the County of San Diego in obtaining the passage of legislation to enact the proposed San Diego Metropolitan Transit Authority Act* Moved by Hollingsworth, seconded by Fessman, that the resolut- ion be filed, and no action taken by National City. Carried, all the Council present voting aye. COMMUNICATION FROM FIDELITY AND DEPOSIT COMPANY regarding the $1,000.00 relocation bond for Scott S. .raves; was read, ask- ing that the bond be cancelled. REPORT FROM THE BUILDING INSPECTOR was read stating that the structure moved to 2625 E. 24th Street has satisfactorily complied with all the re- quirements as specified by the City. A final completion clear- ance was issued on December 20, 1956 for this job. Moved by Hollingsworth, seconded by Heck, that the bond be cancelled. Carried, all the Council present voting aye, CITY CLERK ALSTON stated she plans to take her vacation from January lath through January 29th and asked authorization to leave the State and the Country. Moved by Heck, seconded by Hollingsworth, that permission be allowed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY ENGINEER LILL reported that the contractor on the Cleve- land Avenue project stated he will have the concrete work com- pleted this week and then can proceed faster with the grading and paving. CITY ENGINEER LILL stated WilliamsAVor /No. 3 Subdivision, also a portion of No. 4 Subdivision are being improved at this time with:sewers being installed. CITY ENGINEER LILL stated we have had various matters come up regarding Scott Terrace Subdivision, but improvements are now in progress. CITY ENGINEER LILL reported that the contract has been signed for the removal of trees on 24th Street so work can start in the near future. CITY ENGINEER LILL reported the contract has been signed for the paving of Division and Euclid, and the contractor stated they should start work next week. CITY ENGINEER LILL stated we have received most of the aerial mapping. We are still checking the check prints, and we will return them to the company for final corrections, and when that is done, that contract will be completed. CITY MANAGER BIRD stated he had submitted to him by the Eng- ineering Department the plans and specifications of the box culvert to be built on Harbison Avenue between llth and 12th Street. It was the City's agreement that the City would ex- tend that culvert. We are now ready to call for bids, and it is recommended by the Manager and the Engineer's office, that the City Clerk be authorized to call for bids for January 21st at 10:00 A.M. Moved by Fessman, seconded by Hollingsworth, that the City Clerk be authorized to call for bids. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Hodge. Nays: None. Absent: Hart. 1/2/57 179 CITY MANAGER BIRD reported in regard to the matter of the Christmas street decoration, and recommended that the City store in their own warehouse the 41 strands of Christmas dec- orations, and that the Chamber of Commerce be authorized to prepare the title which will be accepted by the City for the one new strand. The storage of these decorations will be in the Housing project. In regard to the request for the accept- ance of the title to the float, Mr. Bird stated he is not in a position to make a report at this time, and will do so at a later date. Moved by Fessman, seconded by Hollingsworth, that the City Manager's recommendation in the matter of Christ- mas street decorations be accepted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the matter of Mr. Kaesser, wherein the Council ordered him to negotiate with the County Road Commissioner and the Division of Highways, that he con- tacted the County Road Commissioner, and they are making a study and search as to existing easements that cross the prop- erty, The meeting with Mr. Dekema, State Division Engineer is scheduled for tomorrow afternoon at 2:30. Possibly at the next meeting a complete report and recommendation on the mat- ter can be submitted. COMMUNICATION FROM SAN DIEGO COUNTY TRAFFIC SAFETY COUNCIL was read, which stated that the Inter -Industry Highway Safety Com- mittee of Washington, D. C. recently honored San Diego County for one of the top performances in the annual Vehicle Safety Check programs in the nation. The Inter -Industry Highway Safety Committee has asked the San Diego County Traffic Safety Council and the Motor Car Dealers Association of San Diego County, co-spohsors of the Vehicle Safety Check to recognize the part played by the cities in San Diego County in this traffic safety project. Therefore, they request an opportunity to present an appropriate certificate to National City at the earliest City Council meeting, which would be convenient to schedule such a ceremony. CITY MANAGER BIRD suggested that the Council set the time, and he will notify all the parties in- terested, their officers, etc. to be present at the Council meeting, including the Chairman of our Traffic Safety Commit- tee and its members. Moved by Heck, seconded by Fessman, that the Council meeting of the 15th of January be designated as the date. Carried, all the Council present voting aye. CITY MANAGER BIRD reported that we have received notification from the Engineering Department regarding the closing of 13th Street; the 13th Street intersection at 13th and Cleveland Ave- nue will be closed to vehicle traffic for three days, January 7, 8, and 9. Notification has been sent to all of the bus- inesses in the area. CITY MANAGER BIRD stated he has on file a report of the motor vehicle license fee apportionments from June 1, 1956 to Nov 30, 1956. CITY MANAGER BIRD stated he had the report of the San Diego County Health Department. COMMUNICATION FROM J. B. ASKEW, M. D. Director of Public Health was read stating this report covers the fiscal year 1955-1955 and describes the public health services which this department provided during that period. You will find in the statistical sup)lement to the report, statistics which detail the services provided to National City. If the City Council so desires, he would be happy try appear before the Council to present the report and answer any quest- ions which may be asked. Your comments and suggestions regard- ing ways in which this report might be improved in the future would be appreciated. CITY MANAGER BIRD stated he has gene 1/2/57 180 over this report, and it is very interesting, and it shows National City in a very good light as far as our health con- ditions are concerned. Mr. Bird asked if the Council wished Dr. Askew to appear before them. COUNCILMAN HECK said he thought it should be taken up at a later date after the report has been perused by the Council. CITY MANAGER BIRD stated he had a request by the Water Con- servation Committee to serve on a committee, and are asking his acquiescence in serving on this committee, and Mr. Bird requested that the Council grant him permission to so do. Moved by Fessman, seconded by Hollingsworth, that permission be granted. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read in regard to the problem of past issuance of business licenses to applicants using their residence address as a mailing address. This problem was discussed at the time of the hearings on the pro- posed zoning ordinance, and it was felt this matter could be handled through the issuance of Home Occupational Permits. Therefore, a letter was sent to the various interested people advising them of this action, and that it would be necessary for them to secure a Special Home Occupation Permit before the issuance of their license in 1957. Since the proposed ordinance was abandoned, City Planner Wagner on August 13, 1956 requested the views of the Commission as to the disposition of these ap- plications. These licenses include such occupations as con- tractors, architects, realtors, salesmen, engineers, service trucks, seamstress, etc. At that time it was the interpretat- ion of the Commission that the City Council should be requested to adopt an interim ordinance. If this was not permissible, then a letter should be drafted to the people advising them of their need for a variance. On December 17th, Commissioner James again pointed out the need for some type of jurisdiction over these types of businesses since it will soon be time to renew licenses. The Commission instructed the staff to send a communication to the City Council requesting that they adopt an amendment to the present Ordinance No. 750, those parts of the proposed new zoning ordinance that deal with the Home Uses in R-1, R-2 and R-4 areas. Moved by Fessman, seconded by Heck, that the recommendation tc incorporate those parts of the pro- posed zoning ordinance which would affect this area and as rec- ommended by the Planning Commission, be adopted into an amend- ment to Ordinance No. 750. MAYOR HODGE asked City Treasurer Holgate if she has been issuing business licenses to home oc- cupations, and how does she determine which should be charged a license and which should not. CITY TREASURER HOLGATE stated a solicitor will give his home address, and he does solicit, but the license must often be issued to his home address, and really he is in the wrong zone to have a business license. MAYOR HODGE asked Miss Holgate if she had ever turned down an applicant. MISS HOLGATE stated they have not ever turned one down, they have sometimes held them up for inquiry. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollings- worth, Hodge. Nays: None. Absent: Hart. COUNCILMAN HECK stated he thought at the same time we are amending Ordinance 750, we should also amend the ordinance to clarify the defin- ition of "hardship" and place that in our ordinance as has been defined previously by letters submitted to the Council by for- mer City Planner Wagner. Moved by Heck, seconded by Hollings- worth, that it be placed in an amendment to Ordinance No. 750. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. 1/2/57 181 REPORT FROM THE ?LANNING COMMISSION regarding integrated Master Plan of City Tidelands and Santa Fe Property, was read. The preliminary plans as prepared by Mohr Adams Plourde Com- pany was presented to the Planning Commission at their meet- ing of December 17th for discussion and general approval as to the basic contents so that a plan may be formalized for presentation back to the Commission in the final form for pub- lic hearings for adoptinn. The Commission voted to accept this plan tentatively so that a map can be worked out in de- tail for final approval at a later date in a more complete and final detail map. Moved by Heck, seconded by Fessman, that the Planning Commission's recommendation be sustained. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the business licensing, is it to be understood that the business license clerk is to continue to issue these licenses as they are applied for. One ordinance requires a license, and one ordinance also re- quires that it be approved by the Planning Department before the issuance by the license division. We have a number of home occupations, so called, but are not actually home oc- cupations. Are we correct in issuing those licenses upon proof they have had licenses for past years. Also as of November or October, we had a request from a lady for a license to give piano lessons, and the Council took action and stated she did not need the license until it was due and to carry on in the regular procedure. Is it the opinion and the policy of the Council to instruct our license d vision to take these fees? COUNCILMAN HECK asked Attorney Curran if these amendments could be passed under an emergency ordinance and, thereby, have the passage completed within two weeks before the expir- ation date of our current licensing period. ATTORNEY CURRAN stated he did not think that would solve anything; we have a period now where the business licenses are due, according to the licensing ordinance, it is effective today. COUNCILMAN FESSMAN stated most of the licenses will be renewals, and the license clerk should renew them,and when we get this amend- ment passed, it will make it legal as it should be. COUNCIL- MAN HECK stated and then those who do not have a license should be notified that they have to apply for one. COUNCILWOMAN HOLLINGSWORTH said she did not see any point in the City Treas- urer doing anything different than she has been doing; when Ordinance 750 is amended to include home occupations, then we will be able to get some of the people who have not been pay- ing for a license. COUNCILWOMAN HOLLINaSWORTH stated she was going to ask the Council to present their answer to the School Board today, but due to the fact that Mr. Hart is absent, we should wait until all the Council are present. MAYOR HODGF stated the people in the northeast section of the City are getting anxious about the dedication of the park in their area. COUNCILWOMAN HOLLINGSWORTH stated she made a mot- ion sometime ago that we hold up the dedication of that park until we sold the adjacent land. COUNCILMAN HECK said he thought we first should proceed with the possibility of disposing of that property, and the next logical step should be the dedicat- ion of the El Toyon Park. COUNCILMAN FESSMAN said we should authorize the Engineering Department to prepare the legal des- cription of that portion of the property which is to be ded- icated as a park and have it ready, and when the description is completed, we can dedicate it as a park any time and not have to wait until the rest of the area is sold if we know what 1/2/57 182 part is going to be dedicated as a park. Moved by Hollings- worth, seconded by Fessman, that the dedication of El Toyon Park be set up, and the Attorney prepare the necessary steps for an official dedication. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Heck. Absent: Hart. Moved by Heck, seconded by Hollingsworth, that we also refer the matter of the sale of the property to the Finance Committee for recommendation to the Council as to min- imum bids and necessary deed restrictions for the property be- tween Lth and Division in the El Toyon area. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY MANA3ER BIRD stated we have two other parcels of property, 16th and Hoover Avenue,which was in a position to be sold; but, because of the question of mnes, it was the order of the Coun- cil not to sell same as of the present time. Also, we have the property on 15th and "C" Avenue which is in an R-4 zone, and it is in a position to be sold at any time, and suggested that it be referred to the Finance Committee. Movea by Fess- man, seconded by Heck, that these two parcels of property be referred to the Finance Committee in regard to selling same. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge., Nays: None. Absent: Hart. CITY 1vANAGER BIRD stated we have started preliminary construct- ion on the Las Palmas Park. The boundaries have been estab- lished, and we have started on the first part of the work of reinforcing the sewer lines and will be starting to move dirt the beginning of the week. CITY CLERK ALSTON reported she mailed notices on December 31st to the property owners on the "I" Avenue 1911 Act Improvement. Moved by Fessman, seconded by Heck, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:24 P.M. MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK.