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HomeMy WebLinkAbout1954 07-20 CC MIN18 National City, California, July 20, 1954. Regular meeting of the City .ouncil was called to order by Mayor Hodge at 7:30 P.M. o'clock. Council members present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Holgate, Curran, Warwick, Wagner, Gautereaux, Bird. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Richardson. Moved by Hollingsworth, seconded by Heck, that the minutes of the regular meeting of July 6, 1954, and the adjourned meeting of July 13, 1954, be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Council- man Parchen: Not voting. RESOLUTION NO. 6204 was read, abandoning the proceedings here- tofore taken for the improvement of Harbison Avenue between 8th and Division Streets. Moved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6205 was read, abandoning the proceedings here- tofore taken for the improvement of Roselawn Avenue between "L" and "N" Avenues. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6206 was read, granting a special zone variance permit to Margaret James to make it possible to operate a Boys School. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6207 was read, granting a special zone variance permit to Wayne E. Macy, Martha F. Macy and Margaret L. Gardner for the purpose of constructing and operating a roller skating rink. Moved by Heck, seconded by Parchen, that the closing hour of 10:30 P.M. be included in the Resolution. Carried, by the following vote to -wit: Ayes: Heck, Jensen, Parchen. Nays: Hollingsworth, Hodge. Moved by Heck, seconded by Parchen, that the Resolution be adopted, as amended. Carried, all the Council present voting aye. RESOLUTION NO. 6208 was read, granting a special zone variance permit to Hector Pinones for the purpose of reduction in re- quired fifty foot frontage to forty-four feet on the N2 of Lot 37, Block 3,. Paradena Park. Moved by Hollingsworth, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6209 was read, accepting a deed from Ernest Edward Yahnke, Sr., and Beatrice Yahnke, for street purposes. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. HEARING ON ANNEXATION OF TIDELANDS was held at this time. There were no written protests received, and no one present protesting. Moved by Heck, seconded by Jensen, that the City Attorney be instructed to prepare an ordinance of annexation. Carried, by the following vote to -wit: Ayes: Heck.. Hollingsworth, Jensen, Parchen, Hodge. Nays: None. 7/20 19 RESOLUTION NO. 6210 was read, accepting a deed from James Lapel for street purposes. Moved by Hollingsworth, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6211..was read, approving the installation of street lights at the intersection of Kenton and Belmont Streets, at the intersection of Drexel and Belmont Streets, on Kenton Street apprxoimately one-half way between 4th Street and the intersection of Belmont and Kenton Streets, and at the inter- section of loth and "R" Avenue. The City Manager is authorized and directed to take the necessary steps for installation of said street lights. Moved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6212 was read; designating Tidelands Avenue from 13th Street to 24th Street as a Major City Street. Moved by Heck, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6213 was read, approving and accepting the offer of the City of San Diego to service and repair the City's radio equipment for the fiscal year July 1; 1954 to July 1, 1955, pursuant to the proposed written agreement submitted by the City of San Diego. City Manager Gautereaux is authorized to execute said agreement for and upon behalf of the City. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6214 was read, rescinding Resolution No. 5996. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6215 was read; setting the sum of $100.00 as the minimum bid on Lot 16, Block 234, City of National City. The Tax Collector is authorized to advertise and sell at public auction the interest of the City of National City in and to the aforesaid property. The City Clerk and Tax Collector are authorized and directed to execute and deliver, according to law, to the purchaser at said sale, a tax deed to said property. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION TO THE CITY OF NATIONAL CITY, CALIFORNIA, OF CERTAIN UNIN- HABITED TERRITORY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED AS CERTAIN PORTION OF TIDELANDS IN SAN DIEGO BAY", was presented for the first reading and read in full. ORDINANCE NO. 862, "AN ORDINANCE APPROVING THE ANNEXATION TO CITY OF NATIONAL CITY, CALIFORNIA, OF CERTAIN UNINHABITED TERRITORY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESIGNATED AS "NATIONAL VISTA NO. 4"", was presented for the second and final reading and read in full. Moved by Heck, seconded by Jensen, that the Ordinance be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated he thought we should have the hearing on the "Green River Ordinance" before it is presented for the second reading. The following persons were present opposing this proposed ordinance: CLARENCE M. SCHELIN, 437 "G" Avenue; JAMES JOHNSON, 910 "V" Avenue; PHILIP ALLEN, 3521 5th Avenue; San Diego; A. F. GARMIRE, 5120 Arroya St., 7/20 20 San Diego; DONALD CAFFEE, San Diego; HARRY W. BEUM, 3302 India Street, San Diego; EDMOND E. LA CASSE, 2120 Highland Avenue; HAROLD WRIGHT, representing the Fuller Brush Company; MRS. DOROTHY E. SMITH, 3016 E. 7th Street; GEORGE BROOKS, La Mesa; GRANT MAGNUSON, representing the State of California, with the Department of Education, Division of Indust:,tes for the Blind; DAVID VAN METER, SR., 1636 Mary Lou, San Diego; with State Department for Blind. CHARLES H. BETZ, Pastor of Paradise Valley Seventh Day Adventist Church; DR. ERNEST WAGNER, 3139 E. 4th Street; FRANK HENDRICKSON, 47E8 01,egon, San Diego, representing the Helms Bakery; OLIVER A. HITCH, 3583 University Avenue, San Diego; GEOF.CE CERNY, 3519 Formosa Dr., Loma Portal, San Diego; LARRY WINGAPD, 7427 Cabrillo, San Diego; A. J. hEIL, 1819 Mendota, San Diego. CITY CLERK ALSTON stated we received a communication from The Direct Selling Legion and The Fuller Brush Company, both opposing the adoption of this ordinance. COMMUN`CATION FROM NATIONAL CITY-CHTJLA VISTA REALTY BOARD was read, asking that the matter of the "Green River" ordinance be held in abeyance until such time as they have an opportunity to meet with the Council to discuss this further. A lengthy discussion followed. Moved by Heck, seconded by Jensen, that the Green River Ordin- ance not be adopted. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Recess was declared at this time. The meeting was called to order by Mayor :lodge. Council members present: Hack, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Conditional Exception No. 492, signed by Olivia W. Davis. Petitioner requested permission to operate a business of buying, sorting, cleaning and packaging non- ferrous metals and selling the same. The Commission re- commended this request be denied. CITY CLERK ALSTON stated On July 9th an appeal was filed with her by Merideth L. Campbell, Attorney for Olivia W. Davis, appealing the re- commendation of the Planning Commission. Moved by Hollingsworth, seconded by Heck, that the hearing of the appeal be set for the next regular meeting, August 3rd, at 9:00 A.M. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Zone Change signed by L. W. Badders and Avie M. Badders, relative to the re -zoning from an R-4 Zone to an M-2 Zone. It was the recommendation of the Planning Commission that the zoning of Badders Annexation and South West Mesa Annexation be carried forward in conformance with the other property in the neighborhood. CITY CLERK ALSTON stated if the Council wishes to wait to zone these two annexations until we complete the annexation of National Vista No. 4, the City might save some money on publications, etc. REPORT FROM THE PLANNING COMMISSION was read, stating that City Engineer Warwick advised he has been attempting to secure an additional opening of "J" Avenue and Third Street, which would give the City a full width street of "J" Avenue just north of 4th Street. It was the recommendation of the Commission that the Council approve further negotiation for the closing of the Easterly 10 feet of "J" Avenue north of 4th Street for approximately 135 feet in return for the deeding to the City of the Easterly 30 feet of "J" Avenue, lying between the center line of 3rd Street and the westerly prolongation of the north line of Waters Subd., and 20 feet lying south of the center 7/20 21 line of 3rd Street beginning at theesaterly line of "J" Avenue and extending 60 feet east. Moved by Hollingsworth, seconded by Heck, that the City Engineer's efforts in getting these streets straightened out be approved, and that the City of National City institute proceedings for the closing of the street, and the Engineer be instructed to proceed with the negotiations. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT FROM THE PLANNING COMMISSION stated that the City Planner presented a Progressive Planning Program which they recommended be adopted. Moved by Hollingsworth, seconded by Heck, that the Progressive Planning Program be approved. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Jensen, that plans be drawn for the remodeling of the former Fire Station Hall for use as Council Chambers, and an estimate of the cost be presented to the Council for approval. Carried, by the follow- ing vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. RESIGNATION OF JAMES S. JOHNSON from the Civil Service Commission was read. Moved by Parchen, seconded by Jensen, that the resignation be accepted, with regret. Carried, all the Council present voting aye. ATTORNEY CURRAN recommended that the request of Richard Hashagen for a refund in the sum of $56.25 paid for a retail truck license in error, be approved and the refund made. ATTORNEY CURRAN stated in the resolution which was presented earlier in the meeting with reference to accepting the deed from James Capel he would like it amended so that there will be instrted one line which states: "The northerly 30 feet of the following described property". Moved by Heck, seconded by Jensen, that the resolution be amended. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. RESOLUTION NO. 6216 was read, approving a certain agreement between George W. Scott and Ann Meyer Scott, and the City of National City. Walter F. Hodge, Mayor, is hereby authorized and directed to execute the same for and upon behalf of the City. ATTORNEY CURRAN stated that Mr. Scott has presented evidence in the form of a letter dated July 20, 1954, from the California Water & Telephone Company certifying that George Scott entered into an agreement and deposited the estimated cost of the facilities to serve the lots in the Scott Subdivision No. 1; and that upon completion of the installation water service will be available upon demand to each of the lots, and pursuant to the ordinance the City Attorney approves this as being satisfactory evidence of the requirements thereto appertaining. Mr. Scott has also presented two bonds; a faithful performance bond, and the other a mechanics lien bond, which are approved by the City Attorney. Moved by Parchen, seconded by Jensen, that the Resolution be adopted, and the two bonds accepted. Carried, all the Council present voting aye. RESOLUTION NO. 6217 was read, accepting an easement and right of way for sewer line purposes over a strip of land over a portion of Lot 69 of a portion of the Ex -Mission Lands of San Diego, per deed from Albert Girodano & Nancy M. Girodano, 7/20 22 dated June 18, 1954. Moved by Heck, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6218 was read, accepting an easement and right of way for sewer line purposes over a strip of land over a portion of Lot 69 of a portion of the Ex -Mission Lands of San Diego, per deed from George W. Scott and Ann Meyer Scott, dated June 9, 1954. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6219 was read, approving the final map of Scott Subdivision Unit No. 1. Moved by Jensen, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated Mr. Phelps is present in regard to the improvement of Harbison Avenue between Division and 4th Streets. BYRL PHELPS stated he had prepared an estimate of the total cost of the work, also an estimate on each parcel of land involved. The Debt Limitation Act requir4s that a post card notice be sent to the people to determine if 15% of the people in the district want to know the costs and the cost could be sent to them on the card, and if they are satisfied, if less than 15% return the cards then the proceedings could proceed. JACK SHINN, 115 Harbison Avenue, was present and stated that he and the majority of property owners in this district feel that it would be to their advantage to have this improvement, and he would be glad to be of assistance. RESOLUTION NO. 6220 was read; directing Byrl D. Phelps; engineer of work, to prepare plans and specifications for the improvement of Harbison Avenue between Division and 4th Streets. Said engineer is hereby directed to prepare a map showing the boundaries and the district to be assessed for the costs of the proposed work and improvements. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6221 was read, regarding Preliminary Determin- ation under Special Assessment, Investigation, Limitation and Majority Protest Act of 1931, with reference to proposed improvements on Harbison Avenue between Division and 4th Streets. Moved by Parchen, seconded by Jensen, that the Resolution be adopted. Carried; all the Council present voting aye. RESOLUTION NO. 6222 was read, directing post card notices be mailed to owners in the district to be improved; namely Harbison Avenue between Division and 4th Streets. Moved by Jensen, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated at the last meeting the Mayor and City Attorney were authorized to attend the meeting of the Council of San Diego to be held July 15th with reference to the San Diego Bay Corridor. It was ascertained that contrary to the information that we had received at our meeting on ;TLIls 13th that the City Council Of San Diego did not have the Hay Ce it r on their agenda for July 15th, but tor Ausust 3r'd. COUNCILMAN HECK stated that since this does not code up before August 3rd in San Diego we have an opportunity to proceed in whatever manner would be to the best interest of National City. ATTORNEY CURRAN stated it would be advisable to have an adjourned meeting to consider specific recommend- ations and determine what, if any, action the Council want 7/20 23 to take. REPORT FROM BUILDING INSPECTOR BIRD in regard to the con- ference in Denver, was read. Moved by Hollingsworth, seconded by Heck, that Building Inspector Bird be permitted to attend the conference, and that he use the method of travel most feasible for him. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. COMMUNICATION FROM ROBERT O. BATES and FRANK BRINKMAN to which was attached a petition requesting tennis courts, was read. National City's present situation emphasizes the fact that courts in more than one location should be planned. COUNCILMAN HECK stated there has been set up in the budget an outlay for tennis courts and shuffleboard courts. It was suggested that the letter be answered but Frank Brinkman was present and stated he thought it was a very good suggestion that the Council answer letters, but it will not be necessary to answer this one. CERTIFICATE OF INSURANCE from Charles M. Davis was presented, and City Clerk Alston asked that it be referred to the City Attorney to see if it is acceptable. CITY MANAGER GAUTEREAUX stated he had a faithful performance bond of Charles M. Davis in regard to carrying out the con- tract agreement which he entered into for the disposition of salvage from the dump, and asked that it be referred to the City Attorney to determine whether it covers the full contents of the contract. CITY MANAGER GAUTEREAUX stated he has a request from Mr. Beuthel, and several copies of the Memorandum of Agreement for the Expenditure of Gas Tax Allocations for Major City Streets. It is important that these be taken care of in- asmuch as the State has already acted upon the expenditure of $2,500.00 for the lights at 13th and Bay Blvd., and they are now advertising for bids on that particular job which is included in the Memorandum of Agreement. CITY MANAGER GAUTEREAUX stated he had a call today from Mr. Wilson regarding the Highland Avenue Culvert, and he is very desirous that this work be started immediately. Mr. Gautereaux also talked with Mr. Beuthel regarding the State Highway Department's interest in this project and they are asking that the City Council make every effort now to bring this to a point where we can call for bids. MEMORANDUM FROM CITY ENGINEER WARWICK was read regarding the culvert on Highland Avenue near 12th Street. Attached are the plans and specifications for the subject project which the State Highway Department has given approval for the advertising for bids. CITY MANAGER GAUTEREAUX stated in regard to the questions raised by Mr. Warwick he talked with Mr. Beuthel concerning most of them. Also it is a question of policy of the Council whether the culvert is to be covered or whether it will be left open. Everything possible should be done to expedite this project. MEMORANDUM FROM CITY ENGINEER WARWICK was read regarding the relocation of water main at new culvert at 12th and Highland. Mr. Beuthel has stated that the cost of moving any public utility cannot be charged against gas tax funds. The Highway Department takes the stand that the utility companies are responsible for the moving of their facilities and it is not a legal expense for gas tax funds. ATTORNEY CURRAN stated with reference to Item No. 1 in Mr. Warwick's memorandum, there is nothing to clarify. Mr. Wilson has submitted for acceptance by the City an easement for 60 feet. That is all 7/20 24 that Mr. Wilson can give, because that is all he has. In the event the engineers desire more than 60 feet the City has on file condemnation action against Mr. Trotochau for an additional four feet, and it would simply be a matter proceeding with that condemnation action in securing an order of court granting the additional four feet. If we need more than 60 feet it will have to come from Mr. Trotochau. Mr. Curran stated that he does not see that there is any legal impediment proceeding, it is simply a matter of determining how many feet are necess- ary for the channel and then the steps can be taken, whether it is 60 feet or 100 feet. As soon as we accept the easement tendered we do have 60 feet. CITY ENGINEER WARWICK stated Mr. Trotochau stated to him that he was willing to accept the flood waters over his land, and if he will do that we have no problem. ATTORNEY CURRAN stated the condemnation suit which has been filed could be settled on that basis, however, with reference to the changed conditions perhaps we should ascertain whether they are such that we would want to accept the easement of the 60 feet which is offered. CITY ENGINEER WARWICK reported the Telephone Company and the Gas & Electric Company have stated they will move their utilities at their own expense. Moved by Hollingsworth, seconded by Heck, that the plans and specifications for the Culvert on Highland Avenue and 12th Street, that are on file with the City Clerk be approved and processed with the proper authorities for the letting of bids. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Hollingsworth, seconded by Jensen, that in reference to a letter received by our City Engineer from Mr. Poulter, the representative of the California Water & Telephone Company, that the letter be acknowledged and that the City will assume the responsibility to pay that, but that we are instructing our Attorney to proceed with due process of law to get the refund. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COUNCIL- MAN PARCHEN stated in regard to the $1,250.00 which the City may become liable for, the policy of the Water Company is that you buy a main and then deed it to the Water Company, and he questions the legality. ATTORNEY CURRAN stated the only thing he has gives no information like that. If this has come up before he would like to have all the information we have to see what the history has been before we determine how we should proceed, in fact it is going to be necessary to do so. CITY PLANNER WAGNER suggested that perhaps the City Attorney might wish to confer with the former City Attorney of Chula Vista who has had much experience along this line with this particular Utility Company. If the City does accept the 60 foot easement referred to, does not the City accept also the responsibility for maintenance of the im- provements that may have to be constructed at a future date within that easement, and the responsibility of anything that might go wrong with an easement. BILLS AUDITED BY THE FINANCE COMMITTEE presented: Oeneral Ind $11, 489. 5 Traffic Safety Fund 844.61 Park M & I Fund 341.09 Retirement Fund 13,254.73 Harbor Fund 13.84 Payroll Fund 38,768.65 TOTAL $64,712.27 Moved by Hollingsworth, seconded by Heck, that the bills be approved, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, 7/20 25 Hodge. Nays: Parchen. CITY MANAGER GAUTEREAUX stated he would like to refer a modification of a lease he has to the City Attorney regarding the tidelands property leased to the Navy for parking purposes. CITY MANAGER GAUTEREAUX stated he would like permission to attend a Managers' meeting in Pasadena, July 23rd. Moved by Heck, seconded by Hollingsworth, that the City Manager be authorized to attend the meeting, with transportation and ex- penses paid. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Hodge. Nays: Jensen, Parchen. Moved by Hollingsworth, seconded by Parchen, that since Mr. Gautereaux returns to the status of Park & Recreation Supt. that he continue as Acting City Manager with his salary placed in the budget, half in the Recreation and half in the Park, and the balance that he is now drawing as City Manager be made up out of the City Manager budget. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Parchen, Hodge. Nays: Jensen. Moved by Heck, seconded by Jensen, that a public hearing be held at 7:30 P.M., on Wednesday, July 28th to consider the budget and the City Clerk be instructed to notify the news- papers and get sufficient publicity so that it will reach the people in National City. Carried, all the Council present voting aye. Moved by Heck, seconded by Hollingsworth, that the meeting be adjourned until Friday, July 23rd at 8:30 A.M. Carried, all the Council present voting aye. tV1c3 ?�z4 MAYOR, CITY OF NATI0NKL CITY, CALIFORNIA AT2ES : CITY CLERK 7/20