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HomeMy WebLinkAbout1958 12-16 CC MIN214 National City, California, December 16, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M, o'clock. Council members present: Allen, Fess- man, Hollingsworth, Hodge. Council members absent: Hart, ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Mayor Hodge. Moved by Hollingsworth, seconded by Fessman, the minutes of the re- gular meeting of Deoember 9, 1958, be approved as mailed. Carried, all the Council present voting aye. RESOLUTION NO. 7362 was read, 4RESOLUTIGN DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OR HEARING THEREON (Third Street and J. Avenue).' Moved by Fessman, seconded by Allen, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Alien, Fessman, Hollings- worth, Hodge. Nays: None. Absent: Hart. REPORT FROM THE CIVIL SERVICE GOMMISSION was read relative to the Recreation Department as a part of the Park Department. Communica- tion from Ruth DeVelbiss was read stating she is resigning her position with the Recreation Department effective December 19,.1958. COMMUNICATION FROM CIVIL SERVICE COMIMISSION was read relative to all the job classifications in the City system, and especially th Clerk of Civil Service who is a part time employee as she works one- half time in the performance of these duties and the rest of her time is spent in pursuit of duties in the City Clerk's Department The Commission would appreciate a ruling as to whether or not Mrs. French is a Civil Service employee, and also the Councils action as to their recommendation that a job study be made by the Commission, COMMUNICATION FROM THE CIVIL SERVICE COIv'LISSION was read stating they are attaching a new Merit Rating Form for use in the Fire Depart- ment. Upon the direction of the City Manager, this form was pre- pared and presented to the Commission by Chief Bailey. The Com- mission feel the form is well prepared and have approved it for use by the Fire Department. COPIES OF COMMUNICATIONS FROM CIVIL SERVICE PTERSONNEL CLERI{, addres- sed to Police Chief Smith and the Library Clerk were read relative to the re-establishment of an eligibility list. Moved by Allen, seconded by Fessman, we get a clarification from the City Manager and City Attorney of both before we accept the reports. Carried, all the Council present voting J e. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending the bushes obstructing sight distance at the intersection of 28th Street and ''Jd Avenue be removed. Moved by Fessman, seconded by Allen, the 12/16/58 215 matter be referred to the City Manager and the Police Department for correction. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE recommended a communication be sent to the South Bay Plaza Corporation concerning the intersect- ion of 9th Street at the private road entering the Plaza, to inform them the Committee considers this a dangerous spot and to request them to study the situation to see if somet&ing o bo aeno, Moved by Allen, seconded by Fessman, the request of the Traffic Safety Com- mittee be complied with. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending Third Street, National Avenut to Roosevelt Avenue be made two hour parking, and signs be erected. Moved by Alien, seconded by Hollingsworth, the recommendation of the Traffic Safety Committee be referred to the City Manager for clarification and his recommendation. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending the curb be painted red on the Southeast and Southwest corners on High- land Avenue at the intersection of 2nd Street, and signs indicating "No Parking' be placed on the Southwest corner in addition to the painted curb. The mount of curb painted is to be determined by the Engineer. Moved by Allen, seconded by Hollingsworth, this be re- ferred to the City Manager to ascertain the reason for the request. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY CO.. iITTEE recommended "No Parking" signs be erected from National Avenue to "A" Avenue on the South' side of 21st Street. COUNCIL VOMAN HOLLINGHORTH stated it would be better if the Council knew the reason for the recommendations. Moved by Allen, seconded by Hollingsworth, this be referred to the City Manager as to the reason for the recommendation. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending a com- munication be sent to the Commercial Laundry, 1033 National Avenue, stating the committee does not recommend a loading zone in front of their business. Moved by Fessman, seconded by Allen, the Traffic Safety Committee's recommendation as to ia loading zone at 1033 Nat- ional Avenue, be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending the traffic control at 16th Street and Lanoitan Avenue remain. Moved by Allen, seconded by Hollingsworth, the recommendation of the Traf- fic Safety Committee be upheld. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY GUMMITTEE recommended a communication be sent to the South Bay PresE ,;toting the Committee does not recom- mend a loading zone in front of their business. Moved by Fessman, seconded by Hollingsworth, the Jro.ffic Safety Committee's recommend- ation as to a loading zone at the South Bay Press be approved. Car- ried, all the Council present voting aye. 12/16/58 216 REPORT FROM THE TRAFFIC.. SAFETY COMMITTEE was read, recommending 44No Parking" signs be erected- on..Lantana Drive. Moved by Allen, sec- onded by Hollingsworth, the recommendation o2 the T f c Safety Committee be approved. Carried, all the Council present voting-afa. REPORT FROM THE TRAFFIC SAFETY COM IITTEE was read, recommending the request for a stop sign at 6th Street and 426 Avenue be rejected. Moved by Allen, seconded by Hollingsworth, the recommendation of the Traffic Safety Committee be approved. Carried, all the Council pres- ent voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending cross- walks be painted at all four crossings at 6th Street and Roosevelt Avenue, and the curb be painted red back from the intersection to al- low pedestrian sight distance as directed by the Engineering and Police Department; also a crosswalk be painted across Roosevelt on the North side of 7th Street. Moved by Fessmalaa seconded by Allen, the Traffic Safety Committee's recommendation for a crosswalk at 6th and Roosevelt and 7th and Roosevelt be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending 6th Street for one-half block East of Highland, and 3rd Street for one- half block West of Highland be zmned for 2-hour parking, and proper signs be erected thereon. Moved by Fessman, seconded by Allen, the recommendation be approved, except that an exception be made for in front of any residences that might be in these particular areas. Car- ried, by the following vote to -wit: Ayes: Olen, Fessman,Hodge. Nays: Hollingsworth. Absent: Hart. REPORT FROM THE TRAFFIC SAFETY CC .UiIT'iaE recommended 'No Parking" signs on West 18th Street East of Kimball School be removed. Moved by Alien, seconded by Fessman, this be referred to the City Manager to come up with a hourly schedule for .no parking in this area. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending the bank at the end of Euclid at Division be cut through for a distance of 50 to 100 feet and a ',Stop Ahead`' sign be painted on the pavement before the boulevard stop on Euclid. Moved by Allen, the recommend- ation of the Traffic Safety Committee be approved. CITY MANAGER BIRD stated irrespective of what Council is going to do, this presents quite a situation. It was also recommended a street light be put at that particular intersection, but there is no street lighting cir- cuit at that point. The boulevard stop is clearly discernible, and it is marked an the paving. If the Council is going to take action en it, he would like considerable time because it will be necessary to move approximately 4,000 yards of dirt. Motion died for lack of a second. COUNCILMAN FESSMAN asked what the Motor Vehicle Code re- quired in the marking of a ''stop sign', and wondered if the City was putting up their "stop signs- In the legal manner. Moved by Fessman., seconded by Allen, the ques :sal be directed to the City Attorney for a report. Carried, all the a,;a.rc.l t. present voting aye. 12/16/58 217 Moved by Hollingsworth, seconded by Allen, a letter be addressed to the Traffic Safety Committee asking that their recommendations be accompanied with a few more explanations. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated the situation at Euclid and Division is a serious one, and asked the City Manager if it could be arranged to have a wavering line from the stop sign to there, if there is not one already there. CITY MANAGER BIRD stated the stop sign at Euclid and Division is in conformity to the directions of the Division of Highways, which is in accordance to the Vehicle Code; also we have painted 'stop. on the street. We are now proposing to put a three foot waver line north approximately 200 feat and also another sign at that point "Stop Ahead". The wavering line is about all we can do with it at the present time until we get Euclid Avenue through and make it a four way intersection instead of a "T" intersection. ATTORNEY CURB N reported yesterday there were arguments on the order to show cause in the case of National City against the California Water and Telephone Company. The Company, in the meantime, also filed certain motions and papers. As a result the question as to who ultimately will have to pay for the cost of relocating the fac- ilities of the California Water &Telephone Company which are now located on Highland Avenue between 8th Street and l8th Street will have to be resolved by a trial. In the meantime, the Court has in- dicated it will grant an order restraining the City from physically interferingwith the facilities. The City Attorneywill probably report on this matter at the next meeting after further study has been given ,to the problem. CITY ATTORNEY CURR«N stated the minutes of the meeting of the Small Craft Harbors Commission which was held on October 28, 1958, has been reviewed by him, and recommended they be filed. Moved by Hollings- worth, seconded by Allen, the ittorney's recommendation be approved. Carried, all the -Council present voting aye. ATTORNEY CURR N reported the communication from the California West- ern States Life Insurance Company which was referred to him simply calls attention to a new Federal law wherein certain disclosures have to be made to the Federal Government by group insurance plan employers. The City is specifically exempted from the provisions of complying with this act so it does not affect the City in any way, and, therefore, it was recommended the letter be filed. Moved by Allen, seconded by Hollingsworth, the communication from the Calif- ornia Western States Life Insurance Company be filed. Carried, all the Council present voting aye. ATTORNEY CURB N reported Pacific Employers Insurance Company has issued a certificate showing that H. L. Williams has a workmen's compensation policy, and recommended the ;certificate be approved and filed. Moved by Allen, seconded by Hollingsworth, the certificate be approved and filed. Carried, all the Council present voting aye. 12/16/58 218 CITY i1TTORNEY CUflLN stated with reference to the °iStop Notice° filed by V. E. Posey; and by PvlcCoy ' s Ready Mix Concrete Co., Inc. against funds to become due to >lex Re Kingaard on account of a public works contract they have with the City, it is his recommendation the °Stop Notices°i be complied with. Moved by 'Fessman, seceded by alien, the recommendation of the City attorney be approved. Carried, all the Council present voting aye. eTTORNEY CURReN stated at the last meeting he was instructed to pre- pare a resolution for the sale of the Fourth and Division property. It is apparent from the discussion at that meeting certain matters have come up which should be resolved prior to the adoption of any new resolution; therefore! it is the recommendation of the City at- torney the matters that have to be: determined in order for the suc- cessful bidder or purchaser to know exactly where he stands with the City in matters such as what, if enything, will be done by the City by way of constructing improvements be resolved! s.o the City Attorney may have the benefit of these policy resolutions to incorporate in any resolution calling for a sale CITY CLERK %LSTON stated due to the fact some of the members of the Finance Committee were unable to check the bills, she would suggest the bills be laid over until the next meeting. Moved by Hollings- worth, seconded by Fessman, the presentation of the bills be held over until the next meeting. Carried, all the Council present vot- ing aye. CITY NLNaGER BIRD stated with reference to the award of bid on the Power Stump Cutter, the low bidder hasnot as yet been able to de- liver the machine for demonstration; therefore further time is re- quested. Moved by Fessman, seconded by Allen, the matter of the Stump Cutter be laid over until such time as it is reopened by the City Manager after he has had the demonstration. Carried, all the Council present voting aye. COPY OF COMMUNICaTION FROM S. N DIEGO COUNTY BOaD OF HEaLTH address- ed to the San Diego City Council relative to sewage, was read. Mov- ed by Fessman, seconded by Hollingsworth, the communication be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented a Grant Deed for Paradise Creek Drainage which she recommended be referred to the :,ttorney for the preparat- ion of a resolution of acceptance. Moved by Hollingsworth, seconded by ..lien, the Deed be referred to the City Attorney for the preparat- ion of a resolution of acceptance. Carried, all the Council present voting aye. CITY CLERK aLSTON stated yesterday she received a report from Doris Kemp, Chairman of the Recreation advisory Board, which approved the plan of Hazel Stockman, City Planner; also suggested starting immed- iately on baseball field, followed by the establishment of the picnic area. No. 2. Approved the iroposed p7.an to convert former swimmiag pool to Police pistol range. ;action was taken on this at the last meeting. 12/16/58 219 CITY CLERK ALSTON stated the Council received a Christmas curd from the City of Imperial Beach. CITY CLERK 4LSTON stated she had a call from Rev. Warriner expressing his regrets that he was unable to deliver the invocation last week, and that Rev. Robertson of Paradise Valley would -deliver the invocat- ion today, but he also did not appear. CITY CLERK ALSTON presented a claim against the City of National City, Robert Wilkie, and Walter Hutcheson, defendants, and Lucille Ruth Colby, Plaintiff, and recommended it be referred to the City Attorney. Moved by Fessman, seconded by Allen, the claim be referred to the City Attorney. Carried., allthe Go %il present voting aye. CITY ATTORNEY CURRAN stated this is a law suit, this is a complaint, and recommend- ed when the Clerk or the Mayor is served with a summons and complaint in any action they be authorized and directed to immediately deliver the same. to the City Attorney, and at the next meeting to bring be- fore the Council, as a matter of record, the fact the service of the summons and complaint had been made. The reason for this recommend- ation is that the City only has ten days in which to file a formal court'appearanoat,apswering this complaint, and it could result in several days loss `ifs thX:mater should not be brought to the attent- ion of the City Attorney at the earliest possible moment. Moved by Fessman, seconded by Allen, the City Attorney's recommendation be ap- proved. Carried, all the Council present voting aye. CITY CLERK ALSTON stated ordinarily we senda copy of the complaint immediately to the Attorney, but this was delivered at 2:04 P.M. yesterday and in view of the time of the mail, we trusted the Attorney would re- ceive it as soon as if it had been mailed. REQUEST OF THE FEDERAL ELECTRIC for a refund of $5.50 for electrical permit, was read. The permit was for 2635 Grove Street which is in the County. REPORT FROM THE BUILDING DEPARTMENT recommended the re- fund be made. Moved by Allen, seconded by Fessman, the recommendat- ion of the Building Department fer the refund be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge. Nays: None. Absent: Hart. CITY ENGINEER LILL reported the contract has been signed for the Improvement of Highland Avenue from 8th to 18th Street and work is scheduled to start January 5th, The Improvement of 20th Street, 4AP and '13° Avenue will be completed next week, weather permitting. REPORT FROM CITY ENGINEER LILL was read regarding the petition re- ceived against the improvement of Harbison Avenue, Earle Drive to 16th Street. The petition was signed by persons interested in 60% of the property within the proposed assessment district. As the petition indicated the project would not be approved, it is recom- mended no additional work be done on such project until it is pet- itioned again at some future date. CITY MANAGER BIRD recommended the report of the City Engineer on the petition and his recommendat- ion be concurred in by the City Coun414 Moved Eby Allen, seconded by Fe s sman, the re c crane ndati oii be + approve d.. Carried, all the Coun- cil present voting aye. 12/16/58 220 REPORT FROM CITY ENGINEER LILL wasread stating the improvements With in Terry Park Subdivision have been installed in accordance with the Plans and Specifications and recommended they be ap epted by the City CITY MANAGER BIRD recommended the City Attorney beauthorized ttt; • prepare the proper resolution. Moved by Fessman, seconded by Ho- lingsworth, the Attorney be authorized to prepare the necessary res.‘ olution. Carried, all the Council present voting ayes COMMUNICATION FROM STATE EMPLOYEES' RETIREMENT SYSTEM was read stat-. ing their letter sent in October referred to a contract to be eX ecuted between the legislative body and the consulting actuaries' The contract has been prepared and is enclosed. CITY MANAGER BIRD stated this is the contract which is called for in the State cod covering our participation as an agency, and is for a total of $22440 and requested it be referred to the City Attorney for a report at the next meeting. Moved by Hollingsworth, seconded by Allen, the re- quest of the City Manager be approved,. Carried, all the Council present voting aye. CITY MANAGER BIRD stated Ordinance 756 of the City of National City is an ordinance relating to disasters, commonly called, •+Civilian Defense Ordinanoe4, also known as the 4Disaster Ordinance. We have prepared, for presentation to Council, from the office of Civ- ilian Defense of National City, an operational plan, which Mr. Bird outlined in detail, and said he believed the plan is workable, and would recommend the City Attorney be authorized to prepare the reso- lution adopting this plant COUNCILMAN ALLEN stated he was not in accord with the placing of the rescue equipment, etc,,, under Erigin.. eering. Moved by Fessman, the plan be held up until such time as a new plan comes in and we can adopt it. CITY MANAGER BIRD stated he would recommend this plan not be held up, but get into effect; and that we put °rescu0 under the Fire Department. Motion died for lack of a second.- Moved by Allen, seconded by Hollingsworth, that with the change of this particular equipment, either to the Fire Depart- ment or the Police Department, we accept this particular plan and refer it to the Attorney to prepare the necessary Resolution. Car- ried, all the Council present voting aye. REPORT FROM THE PLANNING CONJivIISSiON was read regarding Application for Conditional Exception No, 621 signed by Mildred Ellen Cunning, - ham relative to the property located at 1734 Prospect Street, and approved by the Commission. Moved by Allen, seconded by Hodge, the recommendation of the Planning Commission be approved. Motion lost, by the following vote to -wit; Ayes: Allen, Hodge. Nays: Fessman, Hollingsworth. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 632 signed by E. M. Morrow relative to the property located at 221 Highland Avenue. Petitioner is request- ing permission to use the rear 40 feet of the property, located in an R-4 Zone, in conjunction with the existing nursery. The Commis- sion recommended the request be granted subject to the restrictions of the requested variance and to be used only for dirveway to enter 12/16/58 221 and leave the property and for storage of plants growing in contain- ers, and no other materials *be stored on that property. Moved by Allen, we accept the recommendation of the Planning Commission pro- vided Mr. Peters either putsthe manure he has stored in this part- icular area under a canvas cover or under a shed so the odor cannot be waifted by -breezes into the residences. Motion' died for lack o a second. MAUDE R. BIDDISQN, 840 E4 Second Street* was present and stated Mr. Peters has stated they would work out something that would be satisfactnry to the presidents in the area, but so far nothing has been done. Moved by Alien* seconded by Hollingsworth, it be held up until he has shown faith i regard to eliminating the nuisance and then act upon it. Carried all the Council present voting aye. Mov- ed by Allen, we have the C ty Manager and Chief of Police file a complaint for the misuse o the property for business, according to City ordinance. CITY MANAGER BIRD asked'. if that is the concensus of opinion of the Council that the Chief = of Police and City Manager be instructed to bring action against the occupant of the premises for vi: olation of the zoning ordinance* Motion seconded by Hollings- worth. COUNCILMAN FESSMAN stated he would like to ask the Attorney a question; in view of the fact Mr. Peters has received an extension of time from the City for compliance, whether a complaint can be is- sued and cite him without first notifying him that it has been de- cided we are not going to allow him to proceed. Mr. Fessman said he knows it would not be ethical, but is it legal. ATTORNEY CURRAN stated he believed Mr. Fessman's point is well taken* MAYOR HODGE asked if we can use thin request for a zone variance to make him com- ply with what he is legally able to do. ATTORNEY CURRAN asked if the Mayor is stare he wished to use the words "able to dog' or 're- quired to do., and read an opinion from a District Court -of Appeal which stated -that law as well as equity is possessed of a conscience; municipalities, whether acting as contracting parties exercising the taxing power otherwise engaged are subject to the established prin- ciple of ethics and fair dealing. A municipal corporation can only display its conscience by character through the activities of its officers and departments, and such officers, whoever they may be, are but the designated representatives of the individuals who com- pose the government. The appellant, a member of the public as well as a contracting party is entitled to fair consideration at the hands of the public's representatives. Upon the record, as here presented and the judgment as herein rendered, it is deemed the ap- pellant has received something less than this consideration. At- torney Curran said he believed the application of that principle would require the matter of this application for a variance be act- ed upon when you have a full Council. Moved by Fessman, seconded by Allen, this application be held over until we have a full Coun- cil. Carried, by the following vote to wit: Ayes: Allen, Fessman, Hodge. Nays: Hollingsworth. Absent: Hart. REPORT FROM THE PLANNING COMMISSION was read, granting the Applicat. ion for Conditional Exception No. 634 signed by Johnson, Tyson and Lynds, as owners, and Oliver A. and Josephine B. Gill, as purchasers, relative to the property located at the southeast corner of 8th Streets and Palm Avenue, to construct a sign 40 feet 4 inches long, 12/16/58 222 4 feet 4 inches wide and 15 feet high in accordance with plans sub- mitted, and to install three flood lights also as shown on plans submitted. Moved by Allen, seconded by Fessman, the recommendation of the Planning Commission be approved, provided there be a require- ment that none of those flood lights will be turned toward the di- rection of the street which cause any glare to anyone approaching. Carried, all the Council present voting aye. RESOLUTION NO. 7363 was read approving the work performed by Mahy Enterprises, Inc. for installation of Improvement in the Terry Park Subdivision, and the same is hereby accepted by the City. Moved by Fessman, seconded by Alien, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hollingsworth, Hodge, Nays: None. Absent: Hart. COUNCILMAN FESSMAN stated the Council granted Mr, and Mrs. Natoni permission to set back a new house on First Street, building on the lot two houses, and he asked if he is correct in assuming the grant- ing of permission to vary the set back on the new house to be con- structed gives them permission to use both houses as residences, or must they come in and ask for permission to use that lot as R-2 usage. ATTORNEY CURRAN stated the opinion which was given by him to the Planning Commission was in effect it was not necessary to secure any permission to build a second building which would be us- able as a residence, that right was given by Ordinance 750 itself, the only thing Council acted upon was a variance in the set back line. Moved by Fessman, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed t 3:38 P.M. ,1, MAYOR, CITY OF NATIONAL CITY,CALIFORNIA ATTEST:, CITY CLERK 12/16/58