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HomeMy WebLinkAbout1956 05-08 CC MIN310 NATIONAL CITY, CALIFORNIA, WA' 8, 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Holgate, Curran. The meeting was opened with pledge of allegiance followed by invocation by Rev, Thompson. Moved by Heck, seconded by Hart, that the minutes of the regular meeting of May 1, 1956, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 6645 was read, granting a special zone variance permit to Leopold Gonzalez for the purpose of permitting variance in lot width from fifty feet to forty-five feet and in square footage from 5000 square feet to 3375 square feet. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council ?resent voting aye. RESOLUTION NO. 6646 was read, granting a special zone variance permit to Naida B. Christman for the purpose of permitting variance in square footage from 6500 square feet to 5934 square feet to construct additional duplex, also variance in rear yard setback from ten feet to six feet. Moved by Hart, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6647 was read, granting a special zone variance permit to Paradise Valley Sanitarium and Hospital for the purpose of permitting the erection of a Medical nuilding in an R-2 Zone. Moved by Hart, seconded by Heck, that the Resolution be adopted. Carried, all the Council present vot- ing aye. RESOLUTION NO. 6648 was read, granting a special none variance permit to K.T. McBride for the purpose of permitting the in- stallation of a small perchlorethylene cleaning unit in an existing dry cleaning establishment. Moved by Heck, seconded by Hart, that the Resolution be adopted. Carried, all the the Council present voting aye. RESOLUTION NO. 6649 was read, granting a special zone variance permit to First :viethodist Church for the purpose of permitting the building of an additional church building in a C-3 Zone. Moved by Hollingsworth, seconded by Hart, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO, 6650 was read, "RESOLUTION ADOPTINI PLAT SHOW- ING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (TWENTY-SIXTH STREET)". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. Wagner, Lill, to the Flag, RESOLUTION NO. 6651 was read, "RESOLUTION ORDERINi PLANS AND SPECIFICATIONS (TWENTY-SIXTH STREET)". Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that State Compensation Insurance Fund has issued its Certificate of Insurance certifying that. 5-6-56 311 Al E. Riley, Inc. has a valid Workmen►s Compensation Insurance Policy in a form approved by the Insurance Commissioner; The Phoenix Insurance Company has issued its Certificate of In- surance certifying that Al E. Riley, Inc. has Public Liability and Property Damage Insurance in an amount required by the contract with that Corp., and it is recommended that these two Certificates be approved and filed. Moved by Heck, seconded by Fessman, that the City Attorney's recommendation be allowed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported that Erling O. Hilmen dba San Diego Seat Advertising Company has submitted a Comprehensive Lia- bility Policy issued by Pacific Employers Insurance Company. The policy names the City of National City as an additional insured and is according to the requirements of \ar. Hilmenss contract with the City, and it is recommended that the policy be approved and filed. Moved by Hollingsworth, seconded by Fessman, that the City Attorneys recommendation in regard to the insurance policy be approved and filed. Carried, all the Council present voting aye, ATTORNEY CURRAN stated at the last meeting he was authorized to address a letter to the County of San Diego in reply to a communication addressed to the City Council by the District Attorney and County Counsel, in regard to Scott Terrace. There appears to Le no affinitive policy established by the City Council by which the Attorney could be guided in address- ing such a communication, and therefore requests at this time that the Council establish such a policy so that it may be used as a basis on which the letter to the District Attorney and County Counsel can be answered. COUNCIL1,.AN HECK stated he did not feel that the City of National City should write a letter in such a manner that would force us to accept County specifications for any street work performed in the City. If the Attorney can answer the letter in the manner that the City can presumably take over the supervision of Lhe improvements and that the Bonding Company will apply the amount of the bond for which reorge Scott had originally applied for, and force the present owner of the property to put in improvements ac- cording to City of National City's specifications he would be in accord with such a letter, but is not in accord with any letter that would be addressed to the County of San Diego wherein the Bonding Company or the present owner can put in the improvements according to Countyss specifications. COUNCIU.AN HART stated he thought the streets should be brought up to standard specifications of National City and wondered if the Bonding Company paid their part would the pre- sent owner pay the difference. ATTORNEY CURRAN stated at the time the contract was entered into, the time the bond was filed, the agreement which i;r. Scott made with the County was to install improvements in accordance with County's specifi- cations and that agreement cannot be changed, the obligation on the bond cannot be changed. If the parties go ahead and install the improvements pursuant to those specifications then the bond is exonerated. The contract was ,:ade with ueorge Scott, now deceased, and the contract has new been pureraser and assigned so that we are dealing with an assignee. The bond really is not important inasmuch as there is sufficient collateral so the Bonding Company is not going to have to do anything in any event. It is the money of the assignee and that is limited to a fixed sum. If the assignee voluntarily would put whatever additional money was necessary in order to do a job in accordance with the City of National Cityts specifications rather than the Countyss specifications there 5-a-56 312 would be no problem. COUNCILMAN HECK stated before we answer the letter to the County we should ascertain the following: When the County issued this permit, did it state George Scott and Mrs. Scott, owners of the property, assignees and heirs? If it did not say assignees and heirs the present owner then will have to put in improverents according to City's specifi- cations, otherwise if it said assignees and heirs we might as well let them put in the improvements under County specifi- cations. After further discussion, it was moved by Hollingsworth, seconded by Hart, that the answer of the let- ter by the City Attorney to the County be held in abeyance until we can have another conference with Mr. Knapp. Carried, all the Council present voting aye. M.W. aALLAND, 1728 Newell Street, was present and read a com-. munication from the NATIONAL CITY TAXPAYERS ASSOCIATION which stated the Board of Directors on May 4th went on record as opposing the restoration clause in the new proposed zoning ordinance. It is requested this be given better and further study before it is adopted as part of the ordinance. THEODORE BARBACKI, 1625 Harding Avenue, was present and pre- sented a petition stating that the undersigned property owners West of National Avenue form this petition to inform the Council that they want to stay residential regardless of zoning thereby cancelling the fifty percent restoration limits. RUBEN RUBIO, 1729 McKinley Avenue, was present op- posing the restoration restrictions as setforth in the pro- posed zoning ordinance. COUNCILlAN HART stated he is for rezoning on the Hest side of National Avenue but he thinks that If a home is destroyed by fire or by some act of ,od, the property owner should have the privilege of rebuilding. COUNCILMAN HECK stated the only difference, this new ordinance provides that no new homes can be constructed on the ground floor, we have to protect it for industry. We are changing from seventy-five percent of assessed valuation on restoration to fifty percent of market value which gives a greater arrount of Money for improvement than it was before. COUNCILWOMAN HOLLINGSWOR TH stated there is nothing that the Council can do at this time about the request presented at this meeting. This ordinance was referred to the City Attorney for legal preparation, and at some time in the near future the first reading of the ordinance will be made, and at that time the Council can make amendments or changes. The leaders of the petition presented will be notified when the ordinance is ready for the first reading. MRS. NCRMAN LUNDGREN, 944 Paradise Drive, was present and stated if her home was burned down she would be able to rebuild it, and she saw no reason why any other home owner, regardless in what part of the City he lived, should not have the same privilege. CARL SPENCE, 1322 Harding Avenue was present and stated he thought the people in his area should have the same privileges they have in any other part of the City. DEE i)UNCAN, 2421 "L" Avenue, was present and stated he was interested in this particular territory under discussion because his Mother's home is in that area. If the City wishes that territory for an indus- trial area they should purchase it from the people at a fair price. Mr. Duncan said he wishes to go on record as being one who will viciously oppose it. PRICE AVERY, 441 Highland Avenue, was present and stated this ordinance as proposed does not suit all the people on the East side any more than it suits the people on the West side. Mr. Avery said he would like to recommend that any building permissible at the time this new ordinance is adopted, the owner should have the pre- rogative of rebuilding it to its previous condition. FLO ZNCF 313 M. UZUMECKI, 524 "I" Avenue, was present and stated their property is being rezoned for the first time, and if their home was to be burned now it could be fully restored, but if the new ordinance goes into affect she will not be granted that privilege. MARTHA CLARK, 2133 National Avenue, was present and asked how it is decided upon as to which streets are to be financed by special street funds and under the 1911 Act, and asked why 16th Street should be so special. CITY MANAGER BIRD stated the City Council on its adoption of policy wherein revenues derived from the source, which in this particular instance happens to be the net revenues from the operation of the Public Housing which the City owns, that certain streets would be im- proved and a plan was set up and approved by the Council. There is a total of approximately : 120,000.00 which is dele- gated to street improvement. At the adoption of the budget under which we are operating at the present time, there was set up for the resurfacing or salvaging of Lth Street, re- surfacing and salvaging of 2nd Street, widening and resur- facing of "D" Avenue and the widening and resurfacing of 16th Street. We are attempting, at no cost to the taxpayer, to move local traffic in the most expedient manner which can possibly be done. That is the reason for 16th Street, it goes from National Avenue to "LR Avenue; "D" Avenue went from loth Street to 2Lth Street, and Lth Street was from National Avenue to Palm Avenue. MAYOR HODGE stated at the time the proposed zoning ordinance is presented to the Council those present will be informed of the meeting and be invited again to give their views. COUNCIL>,AN HART excused. APPLICATION FOR TRANSFER OF ON SALE GENERAL BEVERAGE LICENSE for Club 66, 730 National Avenue, was presented. REPORT FROM POLICE CHIEF SMITH stated investigation fails to disclose any grounds for protest of this application. Moved by Hollings- worth, seconded by Heck, that the application be flied. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hodge, that we have a five minute recess. Carried, all the Council present voting aye. The meeting was called to order by Mayor Hodge. Council mem- bers present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members absent; None. COeMUNICATION FROM VETERANS OF FOREIGN WARS was read extending an invitation to attend the Sixth Annual Memorial Day Services to be held at the La Vista Memorial Park at 10:00 A.M., May 30th. The communication was ordered filed. COitiMUNICATION FROM UNITED CEREBRAL PALSY ASSOCIATION was read stating they plan to have their fund raising drive during the month of May and desire permission to place their cannistcrs in National City and to conduct general solicitation door to door, and on busy streets. CITY MANAGER BIRD stated if the Council wishes to grant therequest as stated, he would rec- commend that it be granted under the supervision of the Police Dept. Moved by Hollingsworth, seconded by Heck, that permis- sion be granted, under supervision of the Police Department. Carried, all the Council present voting aye. 5-6-56 314 COMMUNICATION FROM MERIDETH L. CAMPBELL was read stating that his client, the Time Oil Company, or a corporation to be formed and owned by the Time Oil Company, desires to lease for a period of twenty years, certain property on the tide- lands for the purpose of placing thereon tanks for storing oil to be distributed in this locality, and particularly for the United States Government. CITY MANAGER BIRD recommended this be referred to the Harbor Committee. Moved by Heck, seconded by Fessman, that it be referred to the Harbor and Finance Committee for further consideration and recommendation to the Council. Carried, all the Council present voting aye. CITY CLERK ALSTON stated at the last meeting the Council set the date of June 5th for a hearing on an appeal for a zone variance, and as June 5th is Election Day and a legal holiday the date for the hearing should be reset. Moved by Hollings- worth, the Council meeting be set for Wednesday, June 6th at 1:30 P.M. instead of June 5th. CITY MANAGER BIRD stated he questioned the availability of the Court room for Wednesday afternoon. Motion died for lack of a second. CITY MANAGER BIRD asked if it would be advisable to set over the hearing to the following Tuesday, and then he will attempt to find out whether the Court Room is available for Wednesday for an adjourned meeting. Moved by Hollingsworth, seconded by Fessman that the hearing set for June 5th be set up for June 12th. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a copy of a communica- tion from the San Diego County Planning Commission which was sent to the Board of Supervisors in regard to requests from cities for surveys from the county. COMMUNICATION FROM MURRAY MILL & MANUFACTURING INC. was read stating they are operating a Planning Mill and Manufacturing business located at 1905 McKinley Avenue. Their business is located on Lots 1, 2, 3, 4, 5, and 6 of Block 212. The alley between the Freeway and Lots 1 and 2 have been closed and would appreciate consideration to close the portion of the alley referred to between the Freeway and Lots 3, 4, 5, and 6 in Block 212. CITY MANAGER BIRD recommended this be referred to the Planning Commission for a report. Moved by Hollings- worth, seconded by Hart, that the request for closing of the alley adjacent to Lots 3, 4, 5, and 6 be referred to the Planning Commission, and that the Planning Commission also contact all utilities for their report before any action by the Planning Commission. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read stating that trans- mitted is a petition for the improvement of "K Avenue from the center line of 22nd Street to the center line of 23rd Street. This petition has been signed by 50% of the property owners adjoining this portion of "K" Avenue. It is recom- mended that the petitioned street improvements be added to the 1911 Act improvement for "K" Avenue from 23rd to 24th Streets. It is also recommended that some consideration be given to including "K" Avenue from 21st Street to 22nd Street in the project. CITY MANAGER BIRD statedthis is an addition of one block and the petition has been checked and he would recommend it be added to the present "K" Avenue project from 23rd to 24th Street. The second recommendation is for the missing block from 18th Street to 2Ljth Street,, Moved by Heck, secondea by Fessman, that the "K" Avenue.petition•ftbm 22nd to 23rd Street" be irldiuded in the existing petition on ftlin Avenue, and also the one remaining block be included in the entire aree so that we will have "K" Avenue completed. Carried, all the 5-8-56 315 Council present voting aye. COUNCILWOMAN HOLLIN_7SWORTH asked City Engineer Lill if his department has made arrangements to take care of the drainage problem and passage which was one of the defeating problems of "K" Avenue when it previously was presented, CITY ENGINEER LILL stated the drainaje problem has been taken care of and he believes the City had agreed to stand the cost which was approximately;5,000.00., One of the things objected to at that time was a concrete roadway for a portion of the street in that area where the grade exceeded a certain amount, and it is Engineering's opinion now that we can avoid putting in that concrete pavement thereby bringing down the cost which would be compatible with the cost of the project, Moved by Heck, seconded by Hollingsworth, that the City of National City will participate to ;.CC? of the drainage in that area, to be incorporated in this 1911 Act from the center line of 2lst to the center line of 2Lth Street, Car- ried, all the Council present voting aye. REPORT FROM CHIEF OF POLICE SMITH was read regarding the r e- quest of the Military Order of the Puy ple Heart, lrc;., for permission to exhibit antique and modern firearms en public display in our City for several days, please be advised that investigation reveals this exhibit is owned by the National Field Exhibits, 2520 E, Third Street, Los Angeles,, Setter Business Bureau of the City of Los Angeles has had several recent inquiries from cities in the western states and they have been unable to contact Mr. Samuel S, Wolfe, tour manager of the National Field Exhibits regarding the operation,, It is understood that the National Field Exhibit would receive 50A of the donations obtained and the other 50A would be split three ways, between the National branch, State branch, and the local branch of the Military Order of the Purple Heart In view of these circumstances, it isrecommended that this request be denied. CITY MANAGER BIRD stated he made inquiries of our own Better Business Bureau and also our Social !;Welfare and the results he obtained from them were very disappcintir.g in. regard to this particular request, Moved by Fessman, seconded by Hart, that the recommendation of the Chief of Police in this matter be approved. Carried, all the Council present voting aye, COMMUNICATION FROM DEPARTMENT OF PUBLIC WORKS, DIVISION OF PUBLIC HIGHWAYS was presented stating that the apportionment to the City of National City for the quarterly period ending March 31, 1956, is . 19,135.89, based on the official popula- tion of 27,339. The payment being made to the city for the same quarter is 12,557.57. CITY .'TANAGER BIRD reported there recently appeared in the press a statement in regard to the condition or status of ramps on the proposed San Diego and National City Belt Freeway., He was interviewed by the editor, also the District Engineer,•Ar. Dekema, in which there was stated the fact, on the City Managerts part, that no official proposal had been received by the City, ai d also on the part of Mr. Dekema that he was waiting, as far as the State Division is concerned, for the City to act. .ir. Bird stated he received a call from Mr,. Dekema, aid if and when the Council is ready to meet with Mr. Dekema to officially accept which they are proposing, or dis- cuss it, we can set a tentative date. Moved by Hollingsworth, seconded by Hart, that no meeting be set up with the State Engineers until we see some evidence that it is absolutely going to jell in San Diego. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. 5-8-56 316 REPORT FROM CITY ENGINEER LILL regarding aerial photographing and mapping, was read, The low bidder for the project is The Aero Service Corporation of Philadelphia. The work necessary for the project has been discussed with Mr. Dando, Regional Manager of the Aero Service Corporation and as a result of this discussion it is recommended that the contract for the Aerial Photographing b Mapping be awarded to this company as low bidder. CITY MANAGER BIRD stated he recommends that a resolution be read accepting the bid of Aero Service Corpora- tion in the amount of VO,435.00 and authorising the payor to execute the contract, Moved by Heck, seconded by Hart, that the low bid of Aero Service Corporation of Philadelphia, in the sum of 48,435.00 be accepted; a resolution prepared, and the mayor sign the contract, Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None, RESOLUTION NO. 6652 was read, finding that the bid of Aero Service Corporation Is the lowest bid submitted on April 16, 1956, for the Aerial Photographing b Mapping of the City of National City; that said bid is accepted and all other bids are hereby rejected. The Mayor is authorized and directed to execute the contract. Moved by Hart, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye, Moved by Hart, seconded by Hodge, that the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:10 P.M, ATTESTL aZZ CITY CLERK MA 5-8-56