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HomeMy WebLinkAbout1958 11-25 CC MIN191 National City, California, November 25, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council, members l.resent: Allen, Fessman, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, follow- ed by invocation by Rev. Robertson. COUNCILMAN FESSIViAN stated with reference to the minutes of the regu- lar meeting of November 18th, on Page 184 the report from the Finance Committee is ambiguous in that it implies that Mr. Rio was present at the Council meeting, and it should be clarified because it is mix- ed up as to what went on at the Council meeting and as well as what was in the Committee report. Moved by Fessman, that the entire port- ion of the minutes Report from the Finance Committee on Page 184, 185 and portion of 186 be rewritten to carry the correct meaning. ATTOR- NEY CURRAN stated he thought Mr. Fessman's point is very well taken, that the minutes as read, are subject to misinterpretation, and should be clarified and perhaps by the elimination of several words we might do so. If the portion starting with the second sentence in the re- port is put in quotes, it would be made clear that it was from the re- port. Motion died for lack of a second. Moved by Alien, seconded by Hart, the minutes be corrected as recommended by the City Attorney. Carried, all the Council present voting aye. Moved by Allen, second- ed by Hart, the minutes be approved, as mailed, excepting that port- ion objected to by the Council. Carried, all the Council present vot- ing aye. CITY CLERK ALSTON reported she attended the Southern California City Clerks' Association meeting in Upland last Friday and all the Clerks brought copies of their minutes which were evaluated by a Committee. They were critical of the National City minutes as they were too bulky and in most instnaces the motion stated "moved that the recommendation of the City Manager, etc. be accepted': and ac- cording to parlimentary procedure, the motion should be stated in full; and the report not be spread on the Minutes but filed in the Clerk's Office as an official document. .Laso when a motion is made, there should be a second to the motion before any discussion. City Clerk Alston said if we all tried to follow this procedure, there wouldn't be misinterpretation of the minutes. RESOLUTION NO, 7347 was read, granting a special zone variance per- mit to John S. and Jean C.0dell for the purpose of constructing an additional residence on a lot having only 6,064 square feet and be- ing only 36.75 feet wide, a portion of which said lot is in an R-1 Zone. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: 4.yes: Allen, Hart, Hollings- worth, Hodge. Nays: Fessman. RESOLUTION NO, 7348 was read, accepting a grant deed fram Virgie R. Babcock, dated November 12, 19S3; and grant deed& from Earl R. Severic, 11/tF/58 192 dated October 29, 1958. Moved by Allen, seconded by Hart, the Reso- lution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7349 was read, approving the issuance of a permit to Standard Oil Company to construct and maintain driveways at the south- east corner of 8th Street and Palm Avenue, in accordance with draw- ing submitted to the City Manager, and the issuance of a permit pur- suant to said drawing is hereby ordered. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7350 was read, granting a special z^ne variance permit to Thomas P. and Emily E. Martinovich for the purpose of splitting a 9,520 square foot lot into two lots consisting of 5,000 square feet and 4,520 square feet respectively. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7351 was read, "RESOLUTION RE METROPOLITAN WATER DIST- RICT TAXES." Moved by Hollingsworth, seconded by Hart, the Resolut- ion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7352 was read, 'RESOLUTION CLOSING A PORTION OF TWENTY-THIRD STREET BETWEEN dI"' AND "J4 AVENUES." Moved by Hollings- worth, seconded by Hart, the -Resolution be adopted. Carried, by the following vote to wit: Ayes: Hart, Hollingsworth, Hodge. Nays: Allen, Fessman. REPORT FROM THE CIVIL SERVICE COMMISSION was read stating they note the City has established a Traffic Division within the Police Depart- ment, and they feel there will be a need for supervision of this div- ision and recommended a position classification be established entit- led Police Motorcycle Sergeant. If this is the intent of the Council, the Commission will establish the duties and qualifications for this new classification. Moved by Allen, seconded by Hart, it be referred to the Chief of Police for his recommendation. Carried, all the Coun- cil present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that stop signs be placed facing northbound and sorthbound traffic on Grove Street at 22nd Street, and yield signs now existing on 22nd at Grove be removed. Moved by Hollingsworth, seconded by Hart, the rec- ommendation of the Traffic Safety Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that a street light be placed at llth Street and Arcadia Place. Moved by Hollingsworth, seconded by Alien, it be referred to the City Manager for a report. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COu;d;ITTEE was read recommending the yield sign facing eastbound tr .ffic on Division at Harbison be re- placed with stop sign and th,t a stop ahead sign be painted on Divis- 11/25/58 193 ion in advance of sign. Also that a crosswalk be marked on Division on the west side of Harbison. Moved by Allen, seconded by Hart, the recommendation of the Traffic Safety Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE recommending a street light be placed on Belmont north of Division in a spot recommended by the Engineer, was read. Moved by Hollingsworth, seconded by Hart, it be referred to the City Manager. Carried, all the Council present vot- ing aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending a stop sign facia; southbound traffic oa 4114 Avenue at 4th Street be install- ed. Moved by Fessman, seconded by Hart, the recommendation for a stop sign on i'J y Avenue on the north side of 4th Street be approved. Car- ried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that an advance warning to the crosswalks on National Avenue at 13th Street be painted on the street, also that school crosswalks be painted at 9th and 10th Streets on Avenue and advance notice of these school crossings be painted on the street. Moved by Hart, sec- onded byliamen the report of the Traffic Safety Committee be approv- ed. Carried, all the Council present voting aye, REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending all streets opposing 24th Street from dA; Avenue to 41(4 Avenue, inclus- ive, excepting Highland Avenue and .'D4 Avenue where traffic control is not in effect be made boulevard stops, and proper signs be erect- ed on these streets. Moved by Fessman, seconded by Allen, the recom- mendation of the Traffic Safety Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending no changes be made in traffic control at l6th Street and Lanoitan Aven- ue. Moved by Allen, seconded by Hart, it be referred back to the Traffic Safety Committee for further investigation during peak hours. Carried, all the Council present voting aye. COUNCILMAN HART stated he has made several requests regarding the traffic condition at 2nd and Highland and has never heard anything in this regard from the Traffic Safety Committee. CITY CLERK ALSTON stated it is on their report that the situation at 2nd Street and Highland Avenue be studied and held over until their next meeting. ATTORNEY CURRAN reported Union Title Insurance Company's Policy No. 642561 has been examined and recommended it be approved and filed. Moved by Hart, seconded by Allen, the policy be approved and filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there were two matters referred, sometime ago, to him which came from the San Diego County Water Authority; one pertained to the adoption of Ordinance No, 66 of the San Diego County 11/25/58 194 Water Authority, and the other pertained to the question which has been considered for some time as to preferential right. A11 these matters have been studied carefully by the City Attorney. filth ref- erence to the preferential right, the matter is still being consid- ered by the Authority itself, and it hasla yet been determined wheth- er the Authority will seek legislation at the next session in order to clarify the situation. In the event anything significant develops, the City Attorney will report as he is one of the members on this equitable a;_:p ortioning of water. Attorney Curran recommended these documents be filed. Moved by Hollingsworth, seconded by Hart, the documents be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the sale of City owned prop- erty between 4th and Division Streets, he has ascertained that the covenants which were acted upon by the Finance Committee at its last meeting, and by the Council also at its last meeting had eliminated a provision which had previously been approved, and which appears should be in the covenant; that provision was No. 5 in the rough drafts, which reads as follows: "No building or other structure shall be commenced upon any of said lots until the location and the completed plans and specifications, including the color scheme of each building, fence, and/or wall to be erected upon the lot has been approved in writing by the National City Planning Commission''. Mr. Curran said he would like to know whether that clause should be put back in the covenants. Moved by Hart, seconded by Allen, No. 5 of the original draft be deleted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the other matter with reference to the property sale is in the procedure, and in order to have every- thing clear cut, it would be his recommendation the terms and condit- ions which have been discussed at length since last August be brought down and put in writing, and the parties who wish to bid for this property be able to procure a copy of those terms and conditions prior to submitting a bid. Before preparing any such resolution, Mr. Curran said he would like to read a draft of the things which, from his reading of the minutes, which the Council has determined should go in; one that the property would be sold on the basis of at least one-fourth down, to be paid in cash. The question is, No. 1. As to how many days before the money would have to be paid, whethr er it be ten, fifteen, twenty or thirty. No. 2. It is clear it would be, provided a note would be given for the balance which would be payable in three equal installments with five percent interest and the note would be secured by a deed of trust; the deed of trust would provide for releases on an individual lot basis. Moved by Allen, seconded by Hart, there be ten percent of the down payment to accomp- any the bidder's bid, and the balance to be deposited on a thirty day escrow, within thirty days. Carried, by the following vote to -wit: Ayes: Allen, Fessman,Hart, Hollingsworth. Nays: Hodge. ATTORNEY CURRAN stated there is one other matter he would like the Council to act upon, in reference to setting up the provision for the possible payment of the real estate commission, and might have language read- ing somewhat as follows: "In the event the property is sold as the result of the bid received in open meeting of the City Council, only the amount by which the successful bid exceeds the highest sealed bid 11/25/58 195 shall be used as a basis for computing a commission to the agent se- curing the successful bid. In such event the agent securing the highest sealed bid shall receive a commission based on the amount of the highest sealed bid.' COUNCILMAN FESSMAN stated if some one bids 4275,000.00 and the sale was done through a broker, then the City would be obligated to pay 827,500.00, but he would like to know what would happen if someone who does not use a broker comes in and bids 270,000.00, which bid would we take. ATTORNEY CUR4RAN stated that is very clear to him according to the last minutes, and can be taken care of by the following language: qn determing the high bid, the City Council shall consider the net sum to be realized by the City after the payment of the commission. Each bid shall state the amount of commission, if any, to be paid., Moved by Allen, seconded by Hart, the reading of the corrections on the specifications of the sale of the property, as recommended by the City Attorney be added and in- cluded. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Fessman. ALVIN CLANCY, 605 Highland Avenue, was present, representing Mr. Pearson of City Motors, and stated they have requested a zone var- iance on 17th Street, and if possible they would like to have the City Attorney prepare the resolution so if the Council approves the zone variance the resolution could be read at the next meeting of the Council. CITY PLANNER STOCKMAN stated the Council can act on the re- quest for the variance at the meeting of December 2nd. MAYOR HODGE stated that could be taken care of. THELMA GRAHAM, 1838 Grove Street, was present and stated she had a question to ask in regard to bond assessments. CITY TREASURER HOL- GATE stated Mrs. Graham's problem is one that she is unable to take careof, and would require an opinion from the City Attorney. MAYOR HODGE stated Mrs. Graham could take this matter up with the City Attorney after the meeting. MAYOR HODGE declared a recess, The meeting was called to order by Mayor Hodge. Council members present: Allen, Fessman, Hollingsworth, Hodge. Council members ab- sent: Hart. COMMUNICATION FROM CHAMiPION H0tiES requesting refund of deposit, was presented. CITY CLERK ALSTON stated this was referred to the City Manager. CITY MANAGER BIRD stated he was not prepared to make a re- port at this time, CITY CLERK ALSTON stated the matter of the noise at 1831 Highland Avenue was laid aver from the last meeting in order the Council memb- ers could make a check. Moved by Hollingsworth, seconded by Fessman, it be referred to the City Attorney to see if we have any ordinance that covers this as a nuisance, or whether it could be designated as manufacturing, which would rn k it in the wrong zone. Carried, all the Council present voting aye. 11/25/58 196 CITY CLERK ALSTON reported bids were opened November 24th for three items. Two bids were received for the Power Stump Cutter as follows: MOBILE TWERS & CRANES CO., $3,640.00; B. HAYMAN CO., INC., $4,117.57; Sewer Rodding Machine, SOUTH6E5T SEJER TOOL COMPANY bid $4,975.15; Shav-O-Disc, the SHAV-O-DISC MANUFACTURING COMPPNY bid $2,307.80. COMMUNICATION FROM THE MARCH OF DIMES was read requesting permission to hold a parade on the afternoon of Sunday, January 18, 1959. They desire the City to assemble the reviewing stand on llth Street west of National Avenue. Moved by Allen, seconded by Fessman, the request of the March of Dimes Committee be approved, and that the Chief of Police and Fire Chief be notified so they can take care of the neces- sary crowd control and possible fire arrangements, and the Park De- partment and Street Department be authorized to erect the stand. Carried, all the Council present voting aye. COMIUNICATION FROM JOHN S. ODELL was read stating he wished to ex- press his thanks and gratitude for the Councilos time and efforts in approving the Conditional Exce, tion on their lot which was submitted to the Council. Moved by Hollingsworth, seconded by Allen, the com- munication be filed. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON -SALE BEER BEVERAGE LICENSE by the Golden Pheasant, 215 Highland Avenue, was presented. REPORT FROM CHIEF OF POLICE SMITH stated investigation discloses no grounds for protest of this application. COUNCILMAN FESSViAN said he thought something should be done about the number of beverage licences issued. National City, through the League of California Cities should insti- gate legislation that would give the cities more control over the locations and the number of on sale beer and liquor places within their jurisdiction. Moved by Fessman, seconded by Hollingsworth, a communication be addressed to Mr. Hegland, as well as to Mr. Carp- enter of the League of California Cities, asking them for their co- operation and help in getting such legislation. Carried, all the Council present voting aye. Moved by Allen, seconded by Fessman, the application be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received the annual report from the Department of Public Health for the fiscal year 1957-58, and will be on file in her office, Moved by Hollingsworth, seconded by Allen, the report be filed. Carried, all the Council present voting aye. COIV1MUNICATION FROM JOHN L. LONG was presented, in regard to a $500.00 deposit to accomplish curb and sidewalk work. REPORT FROM CITY EN- GINEER LILL was read stating that driveways at 501, 503, 502 and 504 West 19th Street have been installed under City inspection, and rec- ommended the refund of $500.00 be made which was deposited in lieu of bond for such work. Moved by Allen, seconded by Hollingsworth, the refund be made, in accordance.with the recommendation of the City Engineer. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart, 11/25/58 197 CITY ENGINEER LILL reported the contract has been signed with Pace Construction Company for the 'F' Avenue Storm Drain. 'B^ Avenue Storm Drain is practically completed, the Tidelands Sewer is com- pleted and testing is underway. Granger Avenue Storm gain is pract- ically completed. REPUiT FROM CITY ENGINEER LILL was read regarding the Concrete Channel Lining, Paradise Creek. It was recommended the work be accepted by the City and a Notice of Completion be filed by the City Clerk. Pay- ments should be made to A. R. Kingaard, contractor. CITY MANAGER BIRD stated it is his recommendation the City Attorney be instructed to prepare a resolution of acceptance and that the final payment, $2,071.00 be made thirty-one days after the filing of the Notice of Completion. Moved by Fessman, seconded by Allen, the City Manager's recommendation to accept the job done by Mr. Kingaard be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in rer'ard to the bias received by the City Clerk, for the Power Stump Cutter, we are in receipt of two bids, and recommended they be referred to the City Manager and Supt. of Parks. Moved by Hollingsworth, seconded by Fessman, the recommendat- ion of the City Manager be approved. Carried, all the Council pres- ent voting aye. CITY MANAGER BIRD stated with the regard to the bid of Southwest hewer Tool Company, he recommended the contract be a- warded for the purchase of the Sewer Rodding Machine, and the City Manager be authorized to issue a purchase order for same. Moved by Fessman, seconded by Allen, the City Manager be so authorized. Car- ried, by the following vote to -wit: Ayes: Allen, Fessman, Hollings- worth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD stated in regard to the bid received from SHLV-0-DISC COMPANY for $2,307.80, it is recommended the bid be accepted and the City Manager be author- ized to issue a purchase order. Moved by Allen, seconded by Hollings- worth, the City Manager be authorized to issue a purchase order for the purchase of the Shav-O-Disc, as recommended. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. COMMUNICATION FROM KI'TVANIS TROOP NO. 32, BOYS SCOUTS OF AMERICA was read requesting the opportunity to lead the Flag ceremony at a reg- ular Council meeting. Moved by Fessman, seconded by Allen, permis- sion be granted to the Kiwanis Troop to conduct a ceremony at a meet- ing to be arranged. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with regard to the request of Mrs. E. F. Arregui for a refund of $245.00 which was reported on by the Building Inspector, it has been checked and was found to be inconformity, and recommended the refund be made. Moved by Allen, seconded by Fessman, the refund of S245.00 be made to Mrs. Arregui. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY MANAGER BIRD stated he has a recommendation from the Chief of Police relative to a communication he is in receipt of from the 11/25/58 198 Salvation Army. The Commanding Officer of the South Bay Office of the Salvation Army has requested their organization be allowed to place their Christmas kettles at the following locations: South Bay Plaza; Post Office; The Bank of America or Rexall Drug. Co. As this program has been in operation for many years past, and no police problem has been created, it was the hief's recommendation the Salvation Army's request be granted. Moved by Allen, seconded by Fessmant we grant the request of the Salvation Army as recommended by the Ohief of Police. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with regard to Civilian Defense, December 7th has been set aside as Civilian Defense Day and there has been a proclamation presented for the Mayor to sign. It was the Manager's recommendation Mayor Hodge be authorized to issue the proclamation. Moved by Allen, seconded by Hollingsworth, the Mayor be authorized to issue the proclamation. carried, all the Council present voting aye. COUNCILMAN Rae I stated this evening at 6:15 a group will leave for GillesAe/where the first class in Civilian Defense will graduate, and it includes nine people from NationalCity; and extended an invit- ation to the Mayor and the Press to attend. They will assemble at the Police station at 5:45. RESOLUTION NO. 7353 was read, accepting the work done by A. R. King- aared for Concrete Channel Lining, Paradise Creek, and authorized the filing of a Notice of Completion and orders that payment for the work be made in accordance with the contract. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. COUNCILMAN ALLEN stated he has heard several complaints in the past month in regard to the manner in which the Planning Commission meet- ings are conducted by the Ohairman. Last night Mr. Allen stated he was present at the Commission's meeting and he was not too happy with the situation as a whole. The Chairman, more or less, seems to take on the complete responsibility of the Planning Commission, seldom letting the members of the Commission come up with their own ideas without out talking them, and was rather insulting to many people, particularly down rating their profession. Mr. Allen said he be- lieved something should be done to either explain to this gentleman his errors, or else make a change, MAYOR HODGE stated the Planning Commission appoint their own Chairman, and if they are not satis- fied they would just have to appoint another Chairman. COUNCIL. WOMAN HOLLINGSWORTH stated she was present at the meeting last night and would back Mr. Allen up on his statements; very few of the memb- ers have much of an opportunity to say anything, and each and every one of them should have their say. COUNCILIVAN FESSMAN stated he was not at the meeting last night, but was at the previous meeting, and it got to the point where he felt something should be done about it so he got up and practically stopped any further discussion on the 11/25/58 199 matter that was being discussed because there was a lot of misunder- standing among our citizens and we would have a big problem out of a little one; and he did not see any reason for it to continue that way, and it was just a matter of the method of handling the situat- ion on the Chairmanos part. It is timely something be done about the matter before any damage is done. Moved by Allen, seconded by Hollingsworth, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3;38 P.M. MAYOR, CITY OF NATIONAL CIT ATTEST; CITY CLERK /4ILIFORNIA 11/25/58