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HomeMy WebLinkAbout1956 01-24 CC MIN1 39 National City, California, January 2L., 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.A. o+clock. Council members present: Fessman, Heck, Jensen, Hodge. Council Members absent: Hollingsworth. ADMIiISTRATIV, OFFICIALS present: Alston, Bird, Curran, Lill., Holgate, Wagner. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. McCoy Moved by Jensen, seconded by Fessman, that the minutes of the regular meeting of January 17, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6550 was read, determining that the work done by Pace Construction has been satisfactorily performed and the City Council hereby accepts said work and authorized the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract, Moved by Heck, seconded by Jensen, that the Resoletion be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hodge. Nays: None. Absent: Hollingsworth, RESOLUTION N. 6551 was read, determining that the bid of Pacific Pence Company is the lowest and best bid submitted for the construction of Paradise Creek Channel in the vicinity of Eighth Street; said bid is hereby approved and accepted and all other bids are hereby rejected. Moved by Jensen. seconded by Heck, that the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hodge. Nays: None. Absent: Hollingsworth. P::.SOLUTI)N NO. 6552 was read, authorizing the expenditure of .,909. 0 from the Capital Outlay Fund to C. S. Williams for the Fire Station Drill Yard. Moved by. Heck, seconded by Jensen, that the Resolution be adopted., Carried, by the following vote to -wit: Ayes: Fessman, Heck, Jensen, Hodge. Nays: None, Absent: Hollingsworth„ ORDINANCE NO, , "AN ORDINANCE OF' INTENTIJN TO VACATF AND CLOSI EUCLID ✓-Vi'NTJE FROM DIVISION STREET TO F,TRTH STREET IN THE CITY OF NATIONAL CITY", was presented for the first read- ing, and read in full. 0li)1NA TCE NO. 902, "AN ORDIdANCE AM=1NG ORDINANCE :O. 707 Ali) OnINANCE r0. 346, AN.L I iPOSIJG A P' i ALIT r'DR 21\YM_ iT OF' DET, J Yq?J'_,IvT r?EES•' , wos .resented for the second and final read- ing. Novell by Heck, seconded by Fessman, that we waive the reading of the ordinance-, Carried, all the Council present voting aycs Moved by Hack, seconded by Jensen, that th O.r,-ilnancc be adopted., Carried, by the follow:rig vote to -wit: Ayes: Fessman, Heek, Jensen, Hodge. _gays: ;Done. Absent: ? ).i-lingsworth. "ITY ATTORNEY CURL AN reported he received copy of a notice of motion from. the Attorney for Frank A. Hynum wherein the Attorney pronescs to file, with permission of the Court, an -t l claim forhearing) amended and. supplemental . It will.. come up h�a .Tl,,, and he. will l epert en sage,. st, d. the Insurance Agents Assoc±atioe Nes sebeitte :°ndorc =ments '16, 7, , and 9, to be attached to 190 Policy No. F9-170029. This provides coverage for certain dump trucks, crew trucks, paint stripers, and other equip- ment. The endorsement appears to be in order and it is re- commended 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. COUNCILWOmAN HOLLINGSWORTH present. ATTJRNEY CURRAN reported in regard to the case of United States of America vs National City et al, he appeared in Federal Court and entered a special appearance only. The reason for appearing specially was to contest the jurisdict- ion of the District Court to proceed because of the short not- ice given to the City. Judge William Burns presided and he too indicated that he did not believe that the matter should go forward at this time, more particularly inasmuch as the Attorney for Mr. F. E. Thibodo has made an offer of settlement to the Government and that settlement has been submitted by the Los Angeles Office to Washington, and in the event this matter is settled between the Government and Mr, Thibodo there would be no occasion to be suing the City of National City, therefore the matter has been laid over for two months to see the out- come of the decision in Washington, CLAIM OF DORIS WING against City of National City, in the amount of $50.50, was presented. Moved by Jensen, seconded by Hollingsworth, this be referred to the City Attorney. Carried, all the Council present voting aye. COMMUNICPTION FROM SAN DIEGO COUNTY WATER AUTFHORITY with Resolutions No. 376 and 377 in regard to annexation and use of tidelands oil resources for the State water plan, was read. Moved by Hollingsworth, seconded by Jensen, that the two re- solutions be referred to the City Attorney for study. Carried, all the Council present voting aye. CITY CLERK ALSTON stated we have a deposit for moving a house by C. E. Whalen at 3004E. E. 19th Street and he has made a re- quest for a refund of the deposit. REPORT FROM ACTING BUILD► ING OFFICIAL BI'eGS was read, which recommended that the re- location bond in the amount of $1,000.00 be returned to the owner. Moved by Jensen, seconded by Fessman, that the re- commendation of the Building Inspector be accepted, and the refund made. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY CLERK ALSTON reported that we now have the application to the Public Utilities Commission of the Atchison, Topeka and Santa Fe Railway Company to construct a spur track on Harrison Avenue near Nineteenth Street, which is on file in her office. On November 22nd by Resolution 6524, the Council authorized this spur track. CITY EiGINEER LILL reported the plans for the Cleveland Avenue improvement, which is a combination 1911 Act and gas tax project, from 13th Street to 22nd Street, have been prepared and copies sent to the two railroads, who have trackage in that street, for their approval prior to submitting to the Public Utilities Commission and to the Stag; Highway for their ap )roval oi" the project. We should hcar from the railroads in one or twa months. CITY ENGi7ER LILL stated he hoped to have the proposed assessment district !naps for the Rigiand Av nuc pro jc ct in two weeks. 1/2 191 1TY ',NGIT?ER LILL reported that the 1911 Act projects now in process include Fifth Street West from Palm, for which the plans are near completion. We are also working on the "I" Avenue project from 21st to 24th Street; Hoover Avenue from 8th to 13th Street; and Highland Avenue to the Freeway on 24th Street. CITY MAN.G'=R BIRD stated in regard to the improvement of "I" Avenue we now approach a matter of policy which should be de- termined by the Council. A memorandum from the City Attorney asked some questions as to the disposition of "I" Avenue; one being the fact that "I" Avenue from 21st Street to 24th Street is an 80 foot street. There is one portion wherein there is 90 feet of curb existing at the present time, and on an 80 foot street it hap been the policy in the past that we have a 48 foot travelway and 16 foot parkway areas. The policy at the present time in residential areas is to have a 40 foot travelway. This 40 foot travelway is going, to cut down the cost of the project approximately ;p2,000.00. Mr. Bird asked if the Council wished to carry "I" Avenue on a 40 foot travel - way or do we wish to go on a 48 foot travelway. COUNCILMAN TECK said he did not think we should go to a 48 foot travel - way as it is a secondary street and for the sake of uniformity we should maintain a 40 foot travelway. In teas case the curb should be torn out and replaced at City expense. Mr. Heck said he liked the thought of having an 80 foot dedication. Also there is a problemin this same project that is going to take some Council consideration, on the same petition they are requesting paving of 23rd Street from highland to "I" and are requesting to pave 22nd Street from Highland to "I". The Council should consider that we proceed with the project only on "I" Avenue and disallow 23rd and 22nd Streets, Due to the fact they are only a block long and the cost would be pro- hibitive. CITY ENGINEER LILL stated he talked with Attorney Curran regarding this and Mr. Curran suggested that because we were proposing a district to be assessed that we could split the cost of the side streets along with the property owners on "I" Avenue also. COUNCILMAN FESSMAN stated he would not be in favor of eliminating the block long streets from the paving project. COUNCILWOMAN HOLLINGSWORTH stated she would rather see it put in as a whole district rather than lose out on the paving of those streets. COUNCILMAN HECK stated that even setting up an assessment district is too small to equitably distribute the cost; there should be a much larger area. It is only a total of five blocks, and would be a very expensive proposition. Moved by Heck, seconded by Hollingsworth, that "I" Avenue from 21st to 24th Street be a 40 foot travelway and the 90 feet of curb that is now in be removed and replaced at City expense. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: None. Councilwoman Jensen refrained from voting. CITY MANAGER BIRD stated two members of the Engineering staff were authorized to attend the University of Southern California School for the purpose of taking a course on traffic control and it is requested that the City Clerk be authorized to ad- vance „,50.00 each out of the travel and conference fund so they may attend the school. Moved by Heck, seconded by Fessman, that the City Manager's request be approved. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. COMMUNICATION FROM CITY OF SAN .DIEG', was read stating the City of San Diego plans to apply for selection as a pilot City of the National Committee. With formal ajplication of the National 1/24 192 Committee on Urban Transportation we are hopeful that we can include as a supporting document a communication from the City of National City indicating its participation in the San Diego Metropolitan area transportation study as outlined in the attached prospectus. It is requested that response be submitted prior to February 15, 1956 in order that the March 1st deadline can be met on the National Committee on Urban Transportation. CITY MANAGER BIRD stated this prospectus has been going on for quite some time, starting in October 1954. The whole thought behind this specifically is to work out in conjunction with the National Committee the over all transport- ation problem. The City of San Diego is asking the metropolitan cities for their participation, not only by submitting to them of all the field data through the medium of our Planning Department and our Engineering Department, but also they are requesting funds. CITY MANAGER BIRD said he saw no reason why the City of National City should not enter into the participated project with the City of San Diego on a basis of supplying them our cooperation and all of the materials which we have avail- able. COUNCILWOMAN HOLLINGSWORTH stated she thought this should be referred to the Finance Committee. Moved by Jensen, seconded by Heck, this be referred to the Finance Committee for study. Carried, all the Council present voting aye. CITY iAi;AGER BIRD stated he received an application for over- size driveways for the Cully Transportation Company. The proper fees have boon dorc_t d with the City Treo=u er> It is the recommendation of 'crc City Manager that the oaeroize drive- ways be allowed and the City Attorney be authrizod to pre- pare the necessary resolution. Moved by Fessman, seconded by Jensen, that the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COMMCTNICATION FROM MERID;ETH L. CAMPBELL, representative of Mrs. Claire Thompson of 1427 Roosevelt Avenue, was read in re- gard to an alley running in a northerly and southerly direct- ion to the east of, and adjacent to her property. About 1952 the owner of property lying cast of and adjacent to said alley excavated not only his property but a goodly portion of the alley leaving a drop of some 20 feet, and subsequently further excavating was done. Mrs. Thompson has been informed that no permit was issued for such excavation, pursuant to Ordinance 837. The alley where it was excavated is in a dangerous and defective condition. The alley way prior to the excavation was necessary for the use of Mrs. Thompson's property, also other property owners along said alley way. It is requested that the City either refil said alley or cause the persons who did the excavation to refill it for the protection of life and property, and for the further use and enjoyment of the property owners adjacent to the alley. CITY IANAGER BIRD re- commended this be referred to the City Attorney and City Manager for a report. Moved by Jensen, seconded by Fessman, this be referred to the City Attorney and City Manager for an investigation and report. Carried, by the following vote to - wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COMMUNICATION FROM NATIOFAL CITY-CHULA VISTA BOARD OF REALTORS was read recommending the widening of Highland Avenue. Moved by Heck, seconded by Hollingsworth, that the letter be filed. Carried, all the Council present voting aye. CITY NAND GE3 BIRD reported that he is in receipt of the contract for the street lighting of the 20,000 .mercury vapor lights on 1/24 193 National Avenue from 14th Street South to the City limits at 30th Street, and recommended this be referred to the City Attorney for perusal of the contract. Moved by Heck, seconded by Jensen, that the City Manager's recommendation be followed. Carried, all the Council present voting aye. COMMUNICATION FROM LELAND C. NIELSEN, of LUCE, FORWARD, KUNZEL AND SCRIPPS was read, stating they represent Richard L. Haas, who is the owner of a plot of land on the Northeast corner of 8th and Palm and also owns property adjacent to the corner lot on the Southwest corner of 8th and Palm. They also re- present Russell P. Haas, who is the owner of approximately seven acres on the Southeast corner of 8th and Palm. Under the proposed zoning ordinance all of the aforementioned properties are to be zoned R-C. Under the proposed ordinance, among the businesses to be allowed in an R-C zone are grocery stores and restaurants; however, the sale of packaged liquor in grocery stores and the sale and the serving of liquor in restaurants is prohibited. Another prohibited business is a drive-in restaurant. The locality of the properties in question is ideally suited for the installation of supermarkets, high- grade restaurants, or drive-in restaurants. It is a known fact that no supermarket or high-grade restaurant can exist without the right to dispense liquor. It is respectfully requested that the properties immediately adjacent to the intersection of 8th and Palm Stroets bo classified as C-1 or the right to sell liquor be gi tc the businesses to be conducted in an R-C zone. Moved by Hock, seconded by Jensen, this be referred to the Planning Commission. Carried, all the Council present voting aye. CITY MANAGER BIRD reported that the Library Board wished to invite the members of the Council and their husbands and wives to attend a supper to be given by the Library Board in the Library at a time convenient to the Council and at their pleasure. Mr. Bird said he will make a tabulation of the de- sires of the Council and so inform the Library Board. CITY MANAGER BIRD reported that the street light at Division and "J" has been ordered, also the cross walk at 8th and Paradise Drive has been taken care of. COUNCILMAN HECK stated that since the 1911 project on "K" has been completed the area should be lighted; there should be a light at 18th and "K" and another at 20th and "K". Moved by Hollingsworth, seconded by Heck, that the City Manager present plans for the installation of street lights on "K" Avenue from 18th to 21st Street. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated that when the San Diego Fiesta Days is in full swing here this summer it should bring a lot of people to National City, and wondered if it would be possible for Tidelands Avenue and Cleveland Avenue to be completed by that time. No doubt many people will visit the area who are in a position to move some industries in our area and we should be proud of our City and not have to apologize for the condition of our streets. COUNCILWOMAN HOLLIGSWORTH stated in talking with the City Engineer, Mr. Lill stated that both Tidelands Avenue and Cleveland Avenue are so tied up with the Navy, the two railroad yards and the State Highway Commission that they would move as rapidly as possible. Mrs. Hollings- worth suggested that the City Engineer in forwarding any plans to these respective bodies, to mark "urgent as we have a de- finite reason why we would like to have these streets completed by June". 1/2L{. 194- CITY PLANNER WAGNER reported that the Planning Commission last night expressed pleasure at the Councils reappointment of Mr. Granger and Mr. Christman and reelected Mr. Granger as Chairman and Mr. Peterman as Executive Secretary. The Commission held a lengthy discussion on the zoning ordinance and as a result the letter referred to the Planning Commission at this meeting was discussed, also the letter from Helmer Eden was read, as were two others requesting consideration for revision of the zone map. The Commission set up the next hear- ing on the zoning ordinance for Tuesday, February ]4th after 7:30 P.M. The subdivision ordinance which has been discussed is up for another public hearing on February 27th. Also, Mr. Wesley Moore discussed with the Planning Commissioners his views on revisions of the tidelands area which was taken under advisement by the Planning Commission. No official action was taken, but the suggestions of Mr. Moore was noted on the map. The map has been drafted in its final form with the exception of those latest recommendations of Mr. Moore which are subject somewhat to policy determination of the Commission. Either the next meeting or the following meet- ing, the Commission will be in a position to resolve the final recommendation on the tidelands development plan to the Council. With respect to the Urban Transportation study, as requested by Mr. Hall's office, Mr. Wagner submitted zoning and master street plan data that has been superimposed cn a metropolitan area map showing the toning and highway plans of all of the cities and county er e around San Diego me:;--cnei.Lt;an district. CITY MANAGER BIRD stated there is another matter which lir. Wagner can give the Council the thinking of the Planning Commission, and that is relative to publication and notice as to the amount of money which will be necessary to follow through. MR. WAGNER stated that was discussed and it was the feeling of the Planning Commission that the cost of publish- ing the map and the ordinance by the Commission would be very excessive, and it appears that there still might be an op- portunity to revise the text and the Commission has agreed that it might be wiser when their recommendation is received by the Council, and that in a public hearing which will be recommended by the Planning Commission, that the Council publish the map and the general outline of the ordinance text. CITY CLERK ALSTON asked if the map would be published prior to the adoption of the ordinance. MR. WAGNER said he believed it will be the recommendation of the Commission that the map be published prior to the adoption of the ordinance, possibly in advance of the Courcil's hearing. CITY CLERK ALSTON stated if the Council approves such an action we would need a trans- fer to that particular account. It might be well to get the approximate cost of publishing the map. COUNCILMAN HECK said he thought all we had to publish was notice of the hearing and if any interested citizens wish to attend, the map will be displayed in the Council chambers and they can peruse it before they make their comments at the Commission's hearing, MRS. KODISH, 2107 "A" Avenue, was present, and inquired when Ordinance 750 in its new setup be before the Council for adoption. Our present Ordinance 750 allows used car lots, automobile agencies in a C-3 zone. At the present time at the corner of 7th and Highland Avenue there is a contemplated used car lot, it is a part of a filling station which will have a few cars for used car sales, and under the present ordinance this is allowed. We could have that same thing happen on every corner that has a gas station because our new ordinance has not been put into action. Mrs. Kodish asked when the new ordinance will be ready to be adlopted. CITY PLANNER WAGNER stated the ordinance was referred back to the 1/24 195 Planning Commission by the Council for clarification of hardship cases, which was submitted to the Planning Commission last night. An offioial hearing has been set up for February 14th, and if there are no major changes recommended that the ordinance will be referred back to the City Council shortly after the meeting of the 1Lth. MRS. KODISH asked if it would be wise to adopt the ordinance and its present state and then amend it in the future as the occasion arises.. COUNCILMiAN FESSMAN suggested that if necessary we could insert in the ordinance an abatement clause, abating any of these businesses in zones where they are not permitted under the proposed ordinance, provided they were put in thorn six months or a year prior to the adoption of the ordinance. S. 0. GRANGER, Chairman of the Planning Commission, was present and stated the Commission for approximately 16 months has spent hours try- ing to keep used cars off of Highland Avenue and there is no way legally that the Commission can side track or side step the action that was taken last night. They approved, as they were requested to do the plan, as submitted, for the used car lot for the Flying A Service Station. COUNCILWOMAN JENSEN asked if it would be legal to hold in abeyance these requests that are coming in that we will know will be non -conforming businesses in the areas that our new ordinance is going to cover, such as the one on Highland Avenue. CITY ATTORNEY CURRaN stated the basic answer to the entire; problem here is the question or land use and involves what has been discussed before, the matter of your map. At the present time it is a part of Ordinance 750 and you have a proposed ordinance which will supercede Ordinance No. ?ZO entirely and which will adopt a new map giving the new land plan, and if the feeling of the Planning Commission and the Council is that so many problems have come up that the interest of the City are being put in jeopardy to the extent that it is desired and has been de- termined that certain changes in land use should be made, it would be possible to adapt a new land use map which would supercede the present land use map. MR. GRANGER stated we are talking about an ordinance that is already in affect. The Council has as of October 4th approved the map, as submitted, without any further changes, they approved the final drafting and that is our new map, yet the ordinance that wo base the findings of the map on is still in the embroyo stage and has not been completed. The Planning Commission last night made the deletions as requested by the Council, such as the abate- ment act, and those things that were requested to be deleted were deleted; but we are still acting on the old Ordinance 750 on a new map. The new map, as far as the Planning Commission is concerned is one and a part of the new ordinance, and if you try to use the new map with the old ordinance you are go- ing to run into trouble because you cannot make any law retroactive and legislate a man out of business. Last night we approved a filling station to sell used cars. He understands that he has to get his City Licenses to carry on such a business, such as repairing, painting, fender work, and the sale of used cars. Are we going to be able to substantiate any claim against the City should he fail or show dereliction of our city in not passing that on the present Ordinance 750. The new ordinance cannot be put into effect until such a time as the next public hearing is completed and it has come to the Council with the Planning Commissionts recommendations and then turned over to the City Attorney for legality then come back to the City Council for adoption. In the meantime we are in danger of further ingress of used automobile lots on Highland Avenue. COUNCILMAN HECK asked why we did not 1/24 196 withhold the issuing of a City license for the sale of used cars. After further discussion, it was moved by Hollings- worth, seconded by Jensen, that the City Council go on record instructing every department in the City not to approve or pass 'on any project brought before any department that is not in conformance with the new ordinance that is now pending. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated if we inserted in the ordinance immediately an abatement clause prohibiting any nonconforming uses that were started after the first reading of the proposed new ordinance, it would automatically eliminate this problem. Moved by Jensen, seconded by Fessman, that the policy adopted October 5, 1954 of not reappointing members to commissions or committees be rescinded. Motion carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Jensen. Nays: Heck, Hodge. FLORENCE UZUMECKI, 524 "I" Avenue, was present and stated in regard to the letter from the National City -Chula Vista Board of Realtors, the Board is representing just 40 feet on High- land Avenue, and they will not be called upon as individuals to pay for the widening of the Avenue ifthe Council proceeds with this project under an 1911 Act. Moved by Hollingsworth, seconded by Jensen, that the meeting be closed. Carried, all the Council present Voting Aye. Meeting closed at 3:19 P.M. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CITY, CALIFORNIA