HomeMy WebLinkAbout1956 11-13 CC MIN117
National City, California, November 13, 1956
Regular meeting of the City Council was called to order by
.viayor Hodge at 1:30 P.M. Ooclock. Council members present:
Fessman, Hart, Hodge. Council members absent: Heck,
Hollingsworth.
ADMINISTRATIV , OFFICIALS present: Alston, Bird, Curran,
Li11.
The meeting was opened with pledge of allegiance to the Flag,
followed by invocation by Rev, McCoy.
COUNCIL NEiiiu'BERS HECK and HOLLINGSWORTH present.
Moved by +Heck,
regular meeting
all the Council
seconded by ?Hart, that the minutes of the
of November 7, 1956, be approved. Carried,
present voting aye.
RESOLUTION NO. 6779 was read, "RESOLUTION ADC'°Tirs PLANS AND
SPECIFICATIONS (KENTON AVENUE)". Moved by Heck, seconded by
Hart, that the Resolution be adopted. Carried, all the
Council present voting aye.
RESOLUTION NO.
from NOBLE N.
Moved by Hart,
adopted. Carr
6780 was read, approving and accepting a deed
LEARN and JEANNE LEARN dated October 5, 1956.
seconded by Fessman, that the Resolution be
ied, all the Council present voting aye.
RESOLUTION NO. 6781 was read, approving and accepting a
from GLENN H. & CLARA E. MILLER dated October 17, 1956.
Moved by Hart, seconded by Fessman, that the Resolution
adopted. Carried, all the Council present voting aye.
RESOLUTION NO.
from HOWARD E.
Moved by Hart,
adopted. Carr
RESOLUTION
and accepti
division.
Resolution
ing aye.
6782 was read, approving and accepting a
& JEANNE CORNMMN dated August 30, 1956.
seconded by Fessman, that the Resolution
ied, all the Council present votin- aye.
deed
be
deed
be
NO. 6783 was read, approving the proposed contract
ng the final map for Williams Manor No, 4 Sub -
Moved by Fessman, seconded by ":Hart, that the
be adopted. Carried, all the Council present vot-
ATTORNEY CURRAN reported that the Attorney for the South Bay
Irrigation District stated that it is their intention of the
District at their meeting today to adjourn from time to time
in order to be available to have a joint meting with the
City Council in order to discuss the proposed Joint Powers
Agreement. Inasmuch as the South Bay irrigation District
meets only once a month they would like to 17io, in a position
to re t, sometime which is satisfactory with the City Council
snd requested that steps be taken to arrange such a joint
t' A.;;ved by Heck, seconded by Hart, that the City
41L7 advise the South Bay Irrigation District the Council
W.'_ ct with them on Wednesday, November 28th at 8:00 P.M.
ii Lhe City Council Chambers. Carried, all the Council pre-
3nt voting aye.
ATTO- \i CUi-RAN report. d tha
rovering C.S. Jo':nson and Wa
:lows coverage adequa''e to t
1)141 tions cf C.;. 1. inson,
oer.ificate be :p>r o..:• d and
t the Certificate of Insurance
llace Johnson, a co -partnership
ake care of the contract and
and it is recommended the
filed. Moved by Hollingsworth,
11 / 13/56
118
seconded by Heck, that the Attorneyts recommendation be
followed. Carried, all the Council present voting aye.
ATTORNEY CURRAN stated in regard to the communication from
Glens Falls Insurance Company which was referred to him,
advising that they desire to cancel Bond No. 500280 shown
as principal, Edward Tessitore and Chris Bulldis dba
Tessitore & Bulldis. There is no action to be taken, the
cancellation is automatic, however it will be necessary fms
Tessitore & Bulldis to be advised to file a new bond in order
to keep their sidewalk license in effect. Moved by Holling-
sworth, seconded by Fessman, that the City Clerk notify
Tessitore & Bulldis to file a new bond. Carried, all the
Council present voting aye.
CITY ATTORNEY CURRAN reported on County Ordinance No. 1596
(New Series) which was referred to him, that after examination,
it appears the ordinance provides for a new schedule of fees
in those cases in which the County is supplying services for
certain cities regarding building inspection; and since
National City does its own building inspecting this ordinance
does not apply and no action need be taken.
ATTORNEY CURRAN reported that the contract submitted by the
Division of Highways of the State of California for the
purchase of Lots 3 to 8 inclusive, Block 139 has been ex-
amined by himself and it is satisfactory, with one exception,
and that involves a deletion wherein certain broad language
is used which possiblj could be misconstrued and might in-
volve the State and City in the future, in some sort of con-
troversary as to releases from the City, in the event of
change of the location, or grade which is not the intent,
and therefore that language has been deleted from the con-
tract submitted, and as deleted the contract can be approved.
RESOLUTION NO. 6784 was read, accepting and approving the
right of way contract submitted by the Division of Highways
of the Department of Public Works of the State of California,
and the Mayor is authorized to execute the same for and on
behalf of the City. The Mayor is further authorized to ex-
ecute a grant deed to Lots. 3-8 inclusive, Block 139 of
National City. Moved by Heck, seconded by Hart, that the
Resolution be adopted. Carried, all the Council present
voting aye.
ATTORNEY CURRAN reported that !Syr' Phelps has submitted his
i epo y. r eriuirecl icy trig MajoriLw Protest, AO. for tl R 1911
Improvement Act on 18th Street, and later in the meeting
there will be resolutions setting a hearing date,
HEARING ON DANIELSON ANNEXATION was held at this time.
COMMUNICATION FROM JAMES A. DANIELSON was read stating that
when proceedings were initiated for the proposed annexation
of his land to the City of National City he was lead to
1 iieve it would be zoned in accordance with his wishes. He
wi,,h:>s to be definitely assured of having his land zoned C-3,
when and if it is annexed. If the Council cannot assure him
of this zoning he objects to the annexation of his porperty
to National Citj. J'LMES A. DANIELSON, 1430 E 30th Street
was present L c' st t d he would like to have his entire pro-
perty zoned oF%ed by Hart, seconded by Fessman, that
we give Mr. ...11,J mr, our word that we will zone it C-3 and
p'oceed wita eAation. Carried, all the Council pre-
sEnt voting a . '•o one was present protesting the annexation.
11/13/56
119
RAY SHOTWELL, 716 E. First Street, was present and asked
that the Council direct the City Manager and the Building
Department to refuse a permit for a building to Ann Scott
on Delta Avenue. Mr. Shotwell said he purchased a piece
of property from Mr. Scott a few years ago, and the sub-
division plans were in the Planning and Engineering Depart-
ments at the time for Scott Street and Scott Place, and due
to Mr, Scott's death and other circumstances the subdivision
did not go through. This left the Shotwell property block-
ed as far as street and entrance way are concerned, and he
was under the impression that it had already been deeded
to the City because a City sewer had been put in, and streets
indicated they would be paved. He did not check too close-
ly on the situation, and now finds there is no entrance
into this property. Mr. Shotwell said he has a law suit
against the City of National City to restrain them from
issuing a permit ever to Mrs. Scott on this particular
street. This would have been a street and Mrs. Scott has
applied for a permit to build a two bedroom house, showing
51 foot frontage and there is only 32 foot frontage there.
CITY MANAGER BIRD STATED he is informed that plant have
been presented to the Building Department for the issuance
of a permit, but what state they are in as to checking,
he does not know. In the original preliminary Scott Sub-
division there was proposed an access street running south
from the established street, the returns were put in, and
the sewer was put in as a part of that extension, and due
to various conditions the original plans were never accept-
ed and a resubmission of the north portion of the original
preliminary was presented, and it in turn finally was accept-
ed by the City Council with approval of Engineering and
Planning, but it was unfortunate that the access to the
properties to the south was in the second preliminary, which
was overlooked, and that is the present situation; not only
access to the property Mr. Shotwell has spoken about but also
property lying to the west of the proposed Scott Drive
extention. Mr. Bird said he has been informed by Mr. Shot -
well that the City will be served with an injunction to pre-
vent the issuance of that permit, also a civil matter be-
Lween he and Scott estate, which is none of the City's con-
cern, however the injunction against the City tb pfo*tibit the
issuance of that permit is the City's problem. The ;point
involved at the present time is that the Attorneys for Mr.
Shotwell and his clients have not as yet been able to pre-
pare the necessary description and get the necessary papers
to serve on the City. Therefore, Mr. Shotwell is asking
that the Council by its action delay the issuance of a
building permit for the particular property in question.
CITY MANAGER BIRD stated he sees no reason why the Building
Department shouldn't hold this permit up for further check-
ing as to the stability of the ground, the location of the
sewer purported to be under the proposed building site,
and all the other pertinent facts pertaining to it. Mr.
Bird said, with the permission of the Council he will inform
the Building Department of the condition which exists and
ask them for a complete report of the site detail.
P2ICE AVERY, 441 Highland Avenue, was present and stated
h.; tholiiht it would be wise at this time if the City deleted
)me of the land uses permitted in C-3 zoning. COUNCILMAN
I'-DSMAN ct- - d it seems to him that if the citizens of
N:tior.al Ciuy would want any changes in the zoning law
toey s'to.1u b°ing in a petition requesting it. This would
r+s intern, et'tiPn of the mandate that the people of
il/13/56
1
120
National City gave the Council regarding zoning. It is
his interpretation that the Council cannot do anything witi
the zoning ordinance, delete anything from any zone usage
that would affect any property within that zone presently,
and it is quite clear that it will require a petition from
property owners, and asked Attorney Curran if this is
correct. ATTORNEY CURRAN stated after the certification is
made as to the final vote on the propositions it will pro-
bably be in order to write into our present Ordinance No.
750 that which the people intended be covered when they
voted on that proposition. If you are going to chance the
ocrmissible types within the zones in effect you would be
indirectly permitting that to he done which you are not
going to allow directly, to -wit: change the zones for any
given property owner.
REPORT FROM BUILDINi DDEPARTMENT regarding application for
excavation permit by Guy E. Moore, was presented. CITY
',IANA07ER ?IRD stated he had a report from the Building De-
partment to the effect that an inspection of the premises
involved were made by the Chief of Police, Mr. Cody, and
Mr. Biggs of the Building Department. It was determined
and recommended that this be handled in the manner of site
preparation for the construction of the building rather than
an excavation permit, and that it be constructed following
the recommendations of the Engineer, namely a retaining
wall, and the plans for same are being prepared at the pre-
sent time for submittal to the Building Department. It is
the City Manager's recommendation that the matter of the
excavation permit of Mr. Moore be placed in the category
as setforth by Ordinance 837, Section 1, and be handled by
the Building Department to carry out the recommendations
.mbodied.
APPOINTMENT OF PERSON TO SERVE ON WATER CONSERVATION COMMITTEF
was presented, MAYOR HODGE reported that Clifford Reed has
consented to serve on this committee, and asked for permiss-
ion of the Council to make the appointment. Moved by Heck,
.seconded by Hart, that the Mayor be granted permission to
make the appointment. Carried, all the Council present vot-
ing aye.
COMMUNICATION FROM NATIONAL NEON CO. was read stating that
:or the last six or seven years they have had a billboard
located on the west side of the Freeway at approximately
2th Street. about one month ago a neon sign was erected
directly in front of the billboard completely blocking the
view. They realize that the law prohibits moving such a
sign, but request a variance to raise the billboard in the
same location so there will be a clear view. They believe
that there would be no difference between the present pos-
ition and the proposed position as far as the agreement
between the City of National City and the State Highway
Department is concerned. Moved by Heck, seconded by Hart,
`,"iis be referred to the City Manager for a report to the
Council. Carried, all the Council present voting ay..
. TY CLERK . 1 7)TDii stated she has an insurance policy on the
erotectogrei', which she purchased, and asked that it be re-
ferred to th City. Attorney for checking. Moved by Hart,
s..eended by 4ellin;sworth, that the request be granted.
Cerri d, ell tee Caenci 1 present voting aye.
lr•c rty %wncrs rt.qu::sting gradinc, Having,
11/ 1.3/S6
121
and type "G" curbs (except where curbs already exist), on
Rachael Avenue from 6th to 8th Street, was presented, and
City Clerk Alston recommended it be referred to the City
Engineer. Moved by Heck, seconded by Hart, that the petition
be referred to the Engineer for a report. Carried, all the
Council present voting aye.
CITY CLERK ALSTON reported she received the following returns
from the Registrar of Voters Office on the two propositions
that appeared on the November 6th ballots: Proposition "I"
(Highland Avenue) Yes 4119, No 4304; Proposition "J"
(Zoning), Yes 6253, No 1770. This does not include the absent-
ee ballots.
CITY CLERK ALSTON announced the meeting of the League of
California Cities in Oceanside Friday evening, Nov. 16th.
CITY CLERK ALSTON reported that she attended the Conference
of the League of California Cities in Los Angeles and that
it was very enlightening and some very good subjects were
discussed. The matter of destruction of documents five
years old or older was discussed and she gave a copy of the
report of same to Attorney Curran. One thing that was
brought out in the report was that some of the cities destroy
their purchase agreements after they are five years old,
and asked that this be referred to the Attorney to see if
something can be done in this regard in order that we might
have more space in our vault for filing. There was a dis-
cussion on uniform business licenses throughout the State,
and it was suggested that cities over 25,000 population have
a full time purchasing agent.
CITY ENGINEER LILL reported that verbal approval was received
today from the State Division of Highways for the Improvement
of Cleveland Avenue, and a letter should follow.
COUNCILWOMAN HOLLINGSWORTH asked how the Improvement of Fifth
Street is progressing. CITY ENGINEER LILL stated it is
scheduled to have the concrete surface put down tomorrow.
CITY MANAGER BIRD stated the Council ordered him to make
the necessary preparations with the South Bay Irrigation
District for a meeting, and asked if this is to be an offi-
cial Council meeting, if so we will have to adjourn on
November 27th to 8:00 P.M. On November 28th. MAYOR HODGE
stated it would be an official meeting.
CITY MANAGER BIRD stated he received a report from Thomas H.
Cosby, Member of the San Diego Metropolitan Transit Authority
regarding the report and recommendations of Study Committee
to San D iego County Board of Supervisors and City Councils
of all of the incorporated cities within San Diego County.
It is a lengthy report and refers to the resolution which
was presented to the Attorney, and Attorney Curran at that
time stated as that was coming up to a Legislative Session,
no action was necessary at that particular time. Further
this resolution was merely a copy of which was presented to
the County Board of Supervisors. On September 7, 1956, a
letter was sent by Chairman Hargraves to Mayor Dail infi
in9 his that the Metropolitan Mass Transit Study Coomitteg
at its meeting held Sept, 7th approved the report of its
Legislative Conittee and unanimously adopted a resolution
to further t'*e projict with proper legislation from a State
11/13/56
122
level. A copy of the resolution was supplied to the City
Manager with recommendation that the City adopt it. The
Board of Supervisors adopted the resolution Oct. 23, 1956.
It is the recommendation of Mr. Cosby that the resolution,
as submitted to each City, be drafted which will give the
backing to the proposed authority to act. Copies of the
resolution should be sent to local, county and state agencies,
Representative Sheridan Hegiand and to Senator Fred H. Kraft
for the 1957 General Session of the Legislature. The Metro-
politan Study Committee is at recess until called into session
by Chairman Hargraves. CITY MANAGER BIRD stated there is
a complete report from the files, plus press releases and a
copy of the San Diego Metropolitan Transit Authority Act.
CITY MANAGER BIRD reported we received a copy of Decision
No..54034 which is a decision of the Public Utilities Comm-
ission in the matter of our request relative to crossings,
etc on Tidelands Avenue. The order specifically was granted
November 5, 1956 by the Commission. It should be received
and placed on file.
C01MMUNICATION FROM CIVIL SERVICE COMMISSION was read stating
they are submitting examination announcement which covers
duties and minimum requirements for Personnel Clerk. If
approved, these duties and minimum requirements will be add-
ed to our overall position classification plan. COMMUNICATION
FROM CITY MANAGER BIRD was read regarding Personnel Clerk,
stating as set forth by Ordinance 712, there was established
by said ordinance the position of Personnel Clerk in September
1945. Subsequently, by Ordinance 832, the position of Person-
nel Clerk was made a part of the Competitive service system
of our city and the occupant of the position was blanketed
in by said ordinance. There has never been a job classifi-
cation established for this position, therefore the City
Manager recommends the approval of the Civil Service Comm-
issionts action in establishing a job classification of
Personnel Clerk. CITY MANAGER BIRD stated the examination
announcement sets up the duties and requirements of Person-
nel Clerk. The salary is set up at $332 to $403 a month,
entrance salary $332; one immediate appointment will be made
which will involve half-time work, at half pay. The employ -
ment opportunities, duties, minimum requirements, scope of
examination are set forth on the examination announcement.
CITY MANAGER 2IRD recommended for the Council's approval
the position of Personnel Clerk to be added to our standards.
Moved by Heck, seconded by Fessman, that the Civil Service
Commission's recommendations and the City Manager's recomm-
endations be allowed for the position of Personnel Clerk.
Carried, .ay the following vote to -wit: Ayes: Fessman, Hart4
Heck, Hodge. Nays; Hollingsworth.
CITY MANAGER BIRD presented a proposal from the Gray Audo-
graph Company of the American Typewriter Company, local
agents, for setting up the speaker system, as follows:
They can install the Audograph with five microphones, one
transcribing machine complete with necessary secretarial
accessories and stand for $790.00. They quoted'a maximum
figure of $150.00 to convert the present loud speaker system
into a more simplified method, but cannot give a firm price
f;*r this conversion because it must comply with the Fire
underwriters Code for installation in this building, but will
gL rartee that the cost will not exceed $150.00 and should
be lees. Moved by Fessman, seconded by Hart, that the City
11/11/56
123
Manager be authorized to acquire this system and t-rasc it
installed. Carried, all the Council present voting aye.
REPORT FROM THE PLANNING COMMISSION regarding Application
for Conditional Exception No. 569 signed by Glenn H . Miller,
was presented, relative to property located at 1340 Fig
Court. Petitioner is requesting permission to construct a
duplex on an R-1 lot located in Findahl Annexation. Said
annexation is completely surrounded by R-2 zoning. City
Engineer Lill advised that Fig Court is not a dedicated
street west of Sunny Knolls Subdivision and the only
access to the property would be the 20 foot easement along
Scott Terrace which is not a dedicated street. The Planning
Commission recommended the granting of the request providing
that dedication of 30 feet from the west end of Fig Court
to the west side of the Miller property is presented to the
City. Moved by Hollingsworth, seconded by Heck, that the
City Clerk write Mr. Miller and notify him that in view of
the recent vote in regard to the changes of zones, that he
bring in a petition from other property owners involved in
Findahl's island requesting the Planning Commission and
Council to rezone the area from R-t to R-2. Carried, all
the Council present voting aye.
REPORT FROM THE PLANNING COMMISSION regarding application
for Conditional Exception No. 570 signed by Don E. Norman,
agent, and D.J. Sass, new owner, relative to the property
at the property at the northwest corner of 19th Street and
Highland Avenue, was read. Petitioners are requesting a
zone variance on the westerly 29 feet, which is presently
zoned R-4, to coincide with the remaining portion of the
property which is zoned C-3-A. The Planning Commission
recommended the granting of the request. Moved by Hollings-
worth, seconded by Heck, that the Planning Commission be
informed that all requests for zone variances be accompanied
by a petition from the property owners effected within an
area of 300 feet. CITY MANAGER BIRD stated that the ballot
which was voted on called not for a zone variance but for
a zone change, and the application of Mr. Sass now before
the Council involves what was formerly the school property,
which was sold as business property, and they bought the
property under the supposition that it would be business
and have consummated all their leaReholds, and are under-
way on construction, plans, etc. rrevious to the ballot
this matter was placed before the Planning Commission, and
he believes that when the Attorney brings in the report
as requested that there would of necessity have to be a
change in Ordinance 750. Mr. Bird said in his opinion what
the Council is doing in requesting the Planning ComMlssie►n
to have a petition for zone variances is writing something
by their own motion into Ordinance 750 which is not there
and which prescribed the procedure for a zone variance at
the present time, COUNCILWOMAN HOLLINGSWORTH stated the
ballot did not say "change" or "variance". Carried, by the
following vote to -wit: Ayes: Fessman, Heck, Hollingsworth,
Hodge. Nays: Hart. COUNCILMAN FESSMAN stated it is his
understanding that the previous motion does not affect the
procedure on Application No. 570, that was instructions for
th Planning Commission henceforth, and in view of the fact
t',at this firm bought property on Highland Avenue to be used
for commercial purposes he thought the Planning Commission's
recommendation should be sustained. Moved by Fessman,
sF conded by Hart, that the Planning Commission's riecorrnr,endat.iorr
11/13/56
124
be sustained, and the Attorney prepare the necessary resol-
ution. Carried, by the following vote to -wit: Ayes:
Fessman, Hart, Hodge. Nays: Heck, Hollingsworth.
RESOLUTION NO. 6785
CONTRACT (CLEVELAND
ed by Fessman, that
the Council present
was read, "RESOLUTION OF AWARD OF
AVENUE)". Moved by Hollingsworth, second -
the Resolution be adopted. Carried, all
voting aye.
RESOLUTION NO. 6786 was read, "RSSOLUTION APPROVING ENGINEERS
REPORT AND FIXING DATE OF HEARING (EIGHTEENTH STREET)".
Moved by Heck, seconded by Hart, that the Resolution be
adopted. Carried, all the Council present voting aye.
MAYOR HODGE stated earlier in the meeting we adopted a motion
asking Mr. Miller to bring in a petition which is contrary
to action passed '1atet1":-•t in regard to the property of
D. J. Sass. COUNCILWOMAN HOLLINGSWORTH stated that is a
little different because if Mr. Miller is going to follow out
the Planning Commission's request he is also going to get
from adjacent property owners a deed of 30 feet in order to
have access to his property.
Moved by Hart, seconded by Hollingsworth, that the meeting
be adjourned to Thursday, November 15th at 8:00 P.M.
Carried, all the Council present voting aye. Meeting adjourned
at 3:31 P.M.
ATTEST:
CITY CL'kF K
/
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/
i
MAYOR, CITY OF NATIONAL CITY, CALIFORNIA
11/13/56