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HomeMy WebLinkAbout1956 11-20 CC MIN130 National City, California, November 20, 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. OtClock. Council members present: Fessman, Hart, Hollingsworth, Hodge. Council members absent: Heck. '.DMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Lill. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. McCoy. COUNCILMAN HECK present. Moved by Hart, seconded by Hollingsworth, that the minutes of the regular meeting of November 13, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NJ. 6787 was read, granting a special zone var- iance permit to D.J. Sass for the purpose of developing the westerly 29 feet of property described in the Resolution for commercial purposes, (northwest corner of 10th and Highland Avenue). Moved by Fessman, seconded by Hart, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hodge. Nays: Hollings- worth. RESOLUTION NO. 6788 was read, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (KENTON AVENUE). Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council pre- sent voting aye. RESOLUTION NO. 6789 was read, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGAT- ION, LIMITATION AND MAJORITY °ROTEST ACT OF 1931" (KENTON AVENUE)". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6790 was read, RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING fl'TE (KENTON AVENUE)". Moved by Heck, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6791 was read, accepting and approving an agreement between the City of National City and National City Chamber of Commerce, and the Mayor is authorized and direct- ed to execute the same for and on behalf of the City. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye, ATTORNEY CURRAN reported he had just been handed a Summons and Complaint in an action entitled Robert P. Letts et al va Ann Meyer Scott, City of National City et al, which re- quires an authorization from the Council to make an appear- ance to defend, what, if any, interest the City has in this litigation. Moved by Hollingsworth, seconded by Hart, that the City Attorney be authorized to appear in answer to the summons. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that Federal Insurance Company's 11/20/56 131 policy issued to the City Clerk at the time of the purchase of the protectograph appears to be in order and recommended it be approved and filed. Moved by Heck, seconded by Fessman, that the Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that Pacific Employers Insurance Company has issued its Bond Number B-52196 together with Harvey Jessie as principal for the issuance of a sidewalk license bond, and recommended it be ap?roved and filed. Moved by Hart, seconded by Hollingsworth, that the Attor- ney's recommendation be allowed. Carried, all the Council present voting aye, BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Spec. St. Fund Drainage Fund Payroll Fund TOTAL $14,544.15 765.75 346.20 2,830.59 11,553.29 156.83 32,396.61 $52,593.42 Moved by Hollingsworth, seconded by Hart, that the bills be approved for payment andwarrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. VERA ZINKE, 2917 "L" Avenue, was present and presented a petition signed by 90 property owners requesting that the Council reconsider the decision on the proposed Danielson annexation, since this particular property wg.s established as a buffer zone between the highly restricted Olivewood Terrace area and any possible developments in the Sweet- water Valley which would have an adverse effect upon pro- perty values or detract from the desirability of Olivewood Terrace as a fine residential area, and that removal of this buffer zone would be most unjust. COMMUNICATION was read by Mrs. Zinke in regard to the zoning of the ';proposed annexation. COUNCILWOMAN HOLLINGSWORTH stated last week was the hearing on the annexation only, the zoning of this property will come at a later time providing it is annexed to National City; no annexation is zoned at the time it is annexed. The minutes of the Planning Commission stated that if Mr. Danielson annexed to National City that in a reasonable length of time afterwards it would be zoned. Mrs. Hollingsworth said she thinks that the Council last week was under a misapprehension because someone made the statement that Mr. Danielson could do all of these things, according to the request that was made by him, whether he to the C t;j or not, and we f ;. nd (-m'`_. that statement is not true Furthermore according to the minutes of the Planning Commission, the original application of annexation and consideration by the Planning Commission Mr. Danielson did not ask for a C-3 zone, he asked for a little area at the corner of 30th Street and Edgemere Raod to be zoned limited business and the rest of it to be residential. It was unfortunate that we did not have all of this inform4t4on at the time of the hearing, and the Council should not go on record, as they did, in assuring Mr. Danielson that we 11/20/56 132 would give him C-3 zone, under those circumstances, The motion was only that we assure Mr. Danielson we would zone it C-3 and it was referred to the City Attorney to proceed with the annexation. COUNCILMAN FESSMAN said he was also under the Rmpression that this County strip was zoned for commercial, and was in accord with Councilwoman Hollings- worth. COUNCILMAN HECK said he thought C-3 zoning was too extreme, and should be limited to the normal commercial area of 125 feet back and to limited business, and was under the impression if the Council did not change the zone it could automatically be done under the County ordinance; and feels, this should be given further consideration. COUNCiLIuvN HART said they were all misinformed and that Mr. Danielson should be notified of the Councilts decision. Moved by *ioilingsworth, seconded by Hart, that Mr. Daniel- son be informed that the Council, after consideration of the minutes of the Tanning Commission, that we are opposed to granting the t-� area for the total areas as he requested, and that the Ci y Attorney inform the Council at the next meeting w1Iat$ out next step is as far as annexation is con- cerned. Carried, all the Council present voting aye. A map was presented which had been obtained from the County Planning Commission showing the zoning of the area in ques- tion. REFERRA to City Council of property owned by Paul Kaesser, 2330 C veiand Avenue, was presented. COUNCILWOMAN HOLLINGS- WORTH (stated the Council told Mr. Kaesser when he appeared beforf them sometime ago, that they would look at the pro - pert , but she has not had the opportunity to do so and ask- ed the City Manager could arrange a tour of the area so it fan be taken care of. COUNCILMAN FESSMAN stated that the surrey by Mohr, Adams & Plourde will probably cover some of itfr and the Council should not render any decision until tiaey have the report. REPORT FROM CITY MANAGER BIRD regarding "T" Avenue and Seven- th Street 1911 Act, was read recommending that the Engineer- ing De' tment proceed with the formulation of plans as pet- itioned for the improvement of "T" Avenue, 8th to 4th, and Seventh Street from "T", one block east. Also that the Eng- ineers proceed on a design of concrete paving. There is a serious drainage problem which, by design of a concrete street, can be overcome. Further, upon completion of plans and estimated costs, that a feasibility report be made with the view in mind that the City, from drainage funds, will assume the difference in cost created by this unusual drain- age condition. between standard paving and t.1lt.imate engineer's d.eejgn, ivbved by Heck,, seconded by garb, that the Manager's report be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL NEON SIGN COMPANY regarding sign on 24th Street, was presented. CITY MANAGER BIRD stated there are 13 signs in the vicinity of 24th Street and he has an appointment with the Neon Sign people to meet with him to- morrow at 2:00 P.M. on the site; and asks further time. COMMUNICATION FROM W. TIFFANY was read stating he is making a request and application for a temporary zone variance at 2005 E 8th Street, for the purpose of phone solicitation of 11/20/56 133 of catalog merchandise. The property is owned by Dalton J. Baker who has a zone variance to cover his real estate license, but is not using the location at present. This temporary period will be for the Holiday season only, namely, the month of December. Moved by Heck, seconded by Fessman, this be referred to the Planning Commission for recommendation to the Council. Carried, all the Council present voting aye. REPORT FROM SiJ DIEGO BOUNDARY COMMISSION of the intent of the City of San Diego to annex territory, was presented. City Clerk Alston stated this was referred to the City Engineer and his report stated it is a County island within the City of San Diego and does not concern National City. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Stevens Market, 234 Highland Avenue, was pre- sented. REPORT F_IDiv CHIEF OF POLICE SMITH stated that investigation fails to disclose any grounds for protest of the application, Moved by Heck, seconded by Hollingsworth, that the application be filed, Carried, all the Council present voting aye, APPLICATION BY L. W. BADDERS to move a building, was pre- sented. It is to be moved from one location to another location on the same lot at 3120 National Avenue. REPORT FROM THE BUILDING DEPARTMENT was read setting forth cert- ain recommendations. Moved by Hart, seconded by Heck, that Mr, Badders be allowed to move the building. Carried, all the Council present voting aye. APPLICATION BY JOSEPH L. CAMACHO to move a building, was presented. The building is to be moved from one location to another location on the same lot at 1937 ""A" Avenue, REPORT FROM THE BUILDING DEPARTMENT WAS READ setting forth certain recommendations. Moved by Heck, seconded by Hart, that the application be allowed. Carried, all the Council present voting aye. PETITION from property owners was presented which stated the signers wish to withdraw their protest against the pro- posed 1911 Improvement of Hoover Avenue from 8th to 13th Street, in view of the proposed participation by the City in the cost of the work, COUNCILWOMAN HOLLINGSWORTH asked the City Engineer if the removal of those names on the pro- test bring it now to a point where the City can proceed. CITY ENGINEER LILL said it did. Moved by Hollingsworth, seconded by Heck, the petition be referred to the City Engineer. Carried, all the Council present voting aye. CITY ENGINEER LILL reported that the plans and engineerts report have been prepared for Harbison Avenue from 4th Street to 6th Street and have been given to the City Attorney for processing. REPORT OF CITY ENGINEER LILL AND HEARING OFFICER BIRD on hearing on Engineer"s Report for the proposed 1911 Act of Hoover Avenue, ;t;h Street. to 13tii S1:'r eE. was read. Percent of District protesting rotestin project 26.5 6% (by Area). It is recommended that the project be continuer and that the City contribute to the cost of the work as set forth in the report. Moved by Heck, seconded by Hart, that the 1911 Act project on Hoover Avenue between 8th & I3th Street be continued and the City participate in the amount as specified. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. 11/20/56 134 COMMUdCATION FROM WALLACE AND WALL;-;CE, Law Offices, address- ed to the Building Department, was read, stating that in March 1955 the Building Department - emanti d from t'ic tbtt- Construction Company, and received from it, the sum of ;123.50 for the building of a grammar school at 1800 E 18th Street. Under the decision of our Supreme Court municipal- ities do not have a right to exact license fees for the building of public schools in their cities. On behalf of the Cotton Construction Company they are demanding refund of the fee of $123.50 to the Cotton Construction Company. CITY MANAGER BIRD recommended that this be referred, with all of the information and documents relative to it, to the City Attorney. Moved by Hart, seconded by Fessman, that the City Manager's recommendation be allowed. Carried, all the Council present voting aye. COMMUNICATION FROM CITY OF CHULA VISTe, was read stating they are submitting for the Council's consideration a revised agreement which calls for a charge of 50 cents for each dog or animal to be destroyed which will be levied hereafter. •ITY MANAGER BIRD recommended the City enter into the con- tract as submitted. Moved by Hollingsworth, seconded by Hart, that the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD stated he received a call from Mr. Henninger of the South Bay Irrigation District confirming the appointment with the Council of a joint meeting November 28th at 8:00 P.M. in the City Council Chambers, A letter of confirmation will be sent. REPORT FROM CITY ENGINEER LILL on petition for 1911 Act Improvement of 17th Street, National Avenue to "B" Avenue, was read. The petition was signed by owners of 63% of the property adjoining the petitioned improvement. The street has existing curbs and gutters set for a 48 foot wide travelled way. Required improvements are grading, paving and minor drainage. It is recommended that the pro- ject be authorized by the City and that this office be dir- ected to prepare necessary plans and maps. Moved by Heck, seconded by Hart, that the Engineer's report be allowed and proceed with the 1911 Act on 17th Street. Carried, all the Council present voting aye. CITY MANI-kGER BIRD stated sometime ago the request of Tarter, Webster and Johnson lease was referred to the Finance Committee and the Harbor Committee, They were negotiating for a renewal of their lease,, and at a Finance Committee meeting the City Manager was directed to write to them setting forth the opinion of the Finance and Harbor Committees, which was done, and today the Manager for Tarter, Webster and John- son requests that an appointment be made. Mr. Bird requested that one member of the Harbor Committee and one member of the Finance Committee meet with their Manager and legal representative and himself. COUNCILWOIb1AN HOLLINGSWORTH STATED as Chairman of the Finance Committee she would appoint Mr. Heck to be the representative for the Finance Committee and Mr. Fessman said he would represent the Harbor Committee. The meeting was set for Friday, November 30th, at 1:30 P.M. 11/20/56 135 read REPORT FROM THE PLANNIN. COMMISSION was/regarding profile plan of Harbison Avenue easterly of the Williams Manor No. 4 Subdivision. The plan indicates that Harbison Avenue will narrow from a 40 foot right of way to an existing 30 foot right of way beginning at the southerly side of 12th Street. It was the recommendation of the Planning Commiss- ion that since these plans are in accord with the past rec- ommendations of the Planning Commission when accepting the subdivision maps of Williams Manor No. 3 and Williams Manor No. 4 they be accepted. COUNCILMAN HECK said there is a house on the corner of Earle and Harbison and it is event- ually going to require condemnation in order to get about 10 feet and then there will not be a dangerous corner, and if necessary take out the boulevard stop sign in the middle of Earle. Moved by Hollingsworth, seconded by Heck, that before we accept this profile of Harbison Avenue that the Engineer be authorized to bring in a report next Tuesday of a plan taking it this width to the north corner of Earle Drive and Harbison Avenue, and also that it be referred to the Traffic Safety Committee for the possibility of chang- ing the stop sign in the center of Earle Drive, entering on Harbison Avenue. Carried, all the Council present voting aye. REPORT FROM THE PLANNIN3 COMMISSION was read relative to the opening of streets in the area of 20th Street between National and Highland Avenues. On October 8th it was the Planning Commission's recommendation that streets in this area be considered in the future at 60 foot rights of way. At this time it is the general opinion of the Commission that some consideration should be given to the opening of 20th Street from National to Highland Avenue as a 60 foot right of way since this appears to be the most feasible street to be developed until such time as sorne definite plans are made for doing away with the Housing Project when it would be possible for the opening of 22nd Street. The Planning Commission recommends to the Finance Committee that 20th Street be put on as a feasible, working street as outlined on Map No. B-204 P.C. Moved by Hollingsworth, seconded by Hart, that the Planning Commission's recommend- ation be approved and that this matter be referred to the City Manager at such time as it is convenient and the availability of a right of way man to interview the people along 20th Street to see if they will dedicate the necess- ary land, and in case it is favorable that the City then deed back the portion that is dedicated as an 80 foot street in order to bring it down to an 60 foot street, Carried, all the Council present voting aye, REPORT FROM THE PLANNING COMMISSION recommending the accept- ance of the grant deed received from Lester W. and Ethel Knapp relative to the widening of the cul-de-sac on Scott Drive, was read. The widening is necessary for the improve- ments to be installed on this street by the subdivider. Moved by Heck, seconded by Hart, that tne Planning Commission's recommendation be allowed, and referred to the Attorney for the preparation of the resolution. Carried, all the Council present voting aye. CITY IV1[N 3ER BIRD asked if he is to assume that because it is the recommendation of the Planning Commission, and has been 136 accepted as such, that the deeds for 20th Street will not of necessity have to go to the Planning Commission. COUNCILMAN HECK stated the Planning Commission a,pprQved the vpenin-g of _20th Street and if the right of way man can obtain the necessary deeds there is no need of further consideration. CITY MANAGER BIRD stated he can get some of the deeds without stipulation as to improvement, they are willing to give the deeds but not willing to put in improvement at the present time. He has other deeds which are forthcoming for other streets and they are in the same category, in fact one was discussed with the City Attorney and it is a deed we are very desirous of having, it is almost a "must" in the future, however we will have to grant a legal consideration for the deed if, and when, the street at that point is ever widened, any excess dirt on that portion which is deeded to the City remaining above grade would be deposited on the abutting property. That is a legitimate and honest consideration for the acquisition of approximately 10 feet by 1000 feet of pro- perty. COUNCILMAN FESSULaN SAID he thought if we put any strings on the acceptance of these deeds, other than the one Mr. Bird just mentioned about the dirt, it is very un- fair to the people going out and trying to obtain the deeds; it should be made clear there "are no strings" on obtaining the deeds. COUNCILWOMAN HOLLINGSWORTH stated the opening of 20th Street or any street of that type is for long range planning and the City Manager should know that the policy of the Council in this respect is to get the deeds in the interest of future planning, and the time for improvements will evolve naturally. Moved by Heck, seconded by Hart, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:53 P.M. ATTEST: CITY CLERK f i MAYOR, CITY OF Ni. ION1 iL CI7<I, CALIFORNIA 11/20/56