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HomeMy WebLinkAbout1958 12-23 CC MIN223 National City, California, December 23, 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, Fessman, Hart, Hollingsworth, Hodge. Council members absent: None. ADiINISTRATIVE OFFICIALS present: Alston, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Warriner. Moved by Allen, seconded by Hart, the minutes of the meeting of December 16, 1958, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7364 was read RESOLUTION APPROVING LEASE AND OPTION AGREEMENT between City of National City and Hawthorn Machinery Co. Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO, 7365 was read ,RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY from Oakley 3. Evans and Mabel W. Evans. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried;, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hol- lingsworth, Hodge. Nays: None. RESOLUTION NO. 7366 was read, ,BESOLUTION GRANTING SPECIAL ZONE VARIANCE. to Johnson Tyson and Lynds as owners and Oliver A. Gill and Josephine Gill as purchasers. Moved by Hart, seconded by Fess- man, esolution be adopted. Carried, by the following vote to - wit:/ 14n, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY ATTORNEY CURRAN stated that before reading the next Resolution he wanted to recommend the operational plan which is to be adopted by resolution for the office of Civil Defense be filed with the City Clerk so that it may be given a document number. Moved by Fessman, seconded by Hart, the City Attorney's recommendation be accepted. Carried, all the Council present voting aye. RESOLUTION NO. 7367 was read, approving the operational plan for the office of Civil Defense for the City of National City. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollings- worth, Hodge, Nays: None. CITY ATTORNEY CURRAN J reported Argonaut Insurance Company has filed a certificate of insurance showing Electrical Products Corporation and/ or Electrical Products Supply Company and/or Arrow Manufacturing Company has a valid Workmen's Compensation Insurance Policy and re- commended the certificate be approved and filed. Moved by Hart, se - 12/23/58 224 conded by Allen, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported he has reviewed the minutes of the Small Craft Harbor Commission held on November 19th and 20th and recommended they be filed. Moved by Allen, seconded by Hart, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported he has reviewed the contract sub- mitted by the State Retirement Board for the State Employees Re- tirement System and it is substantially similar to agreements made in the past. If it is the desire that the City as a matter of policy have this service rendered to it, the City Attorney re- commends he be authorized to prepare a resolution approving the contract. Moved by Allen, seconded by Hart, a resolutioh be pre- pared. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that a request was made at the last meeting for information as to the requirements of 'stop signs. The requirements are found in Section 471.5 of Vehicle Code which provides in essence that any stop sign erected after January 1, 1957 shall be of metal and octagonal in shape, shall have a red back- ground, shall carry the word 'stop in white letters at lease one- third the height of the sign. The -size of the sign shall be of equal length and shall be a minimum of ten inches inlay. Each letter of the word 'stop' shall be of not less than one inch stroke. It is permissible to have lagger signs and in any event the stroke of the letters shall be increased in proper proportions. The letter - shall be illuminated from sunset to sunrise or reflectorized. The background on every sign may be illuminated or reflectorized. Illun- imation shall be by floodlight upon the face of the sign or by white light in the letters. Reflectorization shall be by white or clear reflecting units or reflecting coating in the letters with or without red reflecting coating on the background. CITY ATTORNEY CURRAN reported on the litigation pending with the California 'Yiater and Telephone Company regarding the relocation of that Company's facilities on Highland Avenue between 8th and 18th Street, The Company has offered to relocate the facilities with the City paying one-half of the cost. This would be without prejudice with rights of either National City or the California Water and Telephone Company and would enable work to go forward. The :'eater Company would perform the work. The estimated cost is $4,580.00 and the City of National City would pay one-half of that amount, or $2,290.00. City Attorney Curran recommended the Council authorize a resolution which would permit the Mayor to execute such an agreement in behalf of the City and would permit the Clerk to issue a warrant for the amount of $2,290.00. Moved by Fessman, se- conded by Hollingsworth,the City Attorney's recommendation in re- gard to the contract with the V ter Company with the City advancing one-half without prejudice the estimated cost of moving the water lines on Highland Avenue be approved and a resolution be drawn. 12/23/58 225 Carried, by the following vote to -wit: Ayes: Fessman, Hollings- worth, Hodge. Nays: Allen, Hart. RESOLUTION NO. 7368 was read authorizing the Mayor to execute for and on behalf of the City of National City an agreement whereby the City of National City agrees to pay the sum of $2,290.00 to Calif- ornia 'dater and Telephone Company without prejudice to any rights that either party may have by virtue of said lawsuit; also author- izing the City Clerk to draw a warrant for said sum of $2,290.00 upon receiving such an executed agreement in writing approved by the City Attorney. Moved by Fessman, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes; Fessman, Hollingsworth, Hodge. Nays: Allen, Hart. COUNCILMAN ALLEN stated in regard to the astop signs. he would like to know how high they must be above ground. COUNCILMAN FESSMAN stated he would like to know the requirements for the type of posts and the markings on the posts. Moved by Allen the Council refer to the City Manager the question whether our stop signs are painted to specifications of the California Vehicle Code and also to get the information as to height and type of posts. CITY MANAGER BIRD stated that before voting on the motion he would like to make a re- port that may clean up the situation. Section 2006 of Manual of State of California has been studied. Mr. Bird stated he had made a check of most of our signs and he has found the City is in conform- ity with the rules and orders of the State of California. Council- man Allen withdrew his motion. MAYOR HODGE presented POLICE SERGEANT OYER with a twenty year ser- vice pin. Mayor Hodge stated he considered it a great honor to be able to present such a pin to a City employee for giving their life in service fot the City. BILLS AUDITED By THE FINANCE COPdu'uITTEE presented: General Fund Traffic Safety Fund Park Fund Drainage Fund Harbor Payroll TOTAL $21,132.88 2,262.67 366.36 18,452.84 11.95 42,401.58 $84,628.28 Moved by Hollingsworth, seconded by Hart, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollings- worth, Hodge. Nays: None. CITY CLERK ALSTON reported on the bids for the construction of the dike as follows: K. E. C. Company,. $7,000.00; Silberberger, $18,725.00 ; J. L. McElvany, $6, 433.00. CITY CLERK ALSTON reported she has the Affidavit of Posting of 12/23/58 226 Notice of Award of Contract on Highland Avenue. Moved by Hollings- worth, seconded by Fessman it be approved. Carried, by the follow- ing vote wo-wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Allen, Hart, CITY CLERK ALSTON reported she has the Affidavit of posting Notice Filing Assessment and Fixing Time of Hearing Thereon for Third Street and Avenue. Moved by Hollingsworth, seconded by Allen, it be approved and filed, Carried, all the Council present voting aye. CITY CLERK ALSTON reported she has the Affidavit of Mailing Notices for the Use District hearing on Lois Annexation and Williams Manor No. 6 annexation. Moved by Allen, seconded by Fessma4 the Affidavits be accepted. Carried, all the Council present voting aye. HEARING ON LOIS ANNEXATION was held at this time. CITY CLERK ALSTON stated she had received no written protests. MRS. R. R. PLIJ ER was present and stated they had sold the back of their property to Mr. Kimball and she was present to represent him in case there were any questions. Moved by Allen, seconded by Hollingsworth, the hear- ing be closed, Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the resolution be drawn excepting the Annexation. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated an ordinance should be drawn instead of a resolution in order to establish zoning. COUNCILP:-AN ALLEN changed his motion that the City Attorney take the necessary steps to ac- cept the Annexation and establish zoning on it. Motion seconded by Hart, carried, all the Council present voting aye. COMvMUNICATION FROM FEATHER RIVER PROJECT ASSOCIATION was read in regard to the request for the allotment from the City for the pro- ject. Moved by Hollingsworth, seconded by Hart, the communication be referred to the City Attorney. Carried, all the Council present voting aye. CC.LUNICATION FROM LEAGUE OF CALIFORNIA CITIES was read in reply to our request that the League support legislation to give cities more control over the location and number of on sale beer and liquor places within the City. The communication stated the Board of Directors of the League has approved League sponsorship of legisla- tion which will limit the number of:licenses per thousand population on the basis of population within cities. Under the present law, the limitation is with respect to population within the entire county. The communication stated the Board will meet again on January 8 and 9 and asked the Council to indicate prior to that time more specifi- cally the nature of the control they wished exorcised over locations and over number of licenses. Loved by Fessman, the subject be for- warded to the Planning CormisEion for their consideration and pre- paration before being able to answer the request. After some dis- cussion Councilman Fessman changed his motion that the subject be forwarded to the Planning Commission for their recommendation, the City Planner phone other cities for information regarding this 12/23/58 227 matter. Motion seconded by Allen, Carried, all the Council present voting aye. CITY CLERK 4 LSTON stated zlae has received two tax bills from the County Tax Collector, on pri,perty the City purchased for drainage. City Clerk Alston recommended they be referred to the City :attorney for a. resolution to the supervisors requesting cancellation of taxes. Moved by Hart, seconded by Allen the City Clerk's recommend- ation be approved, Carried, all the Council present voting aye. REPORT OF CITY TREASURER for the period ending November 30th was presented. Moved by Allen, seconded by Hart the report be ac- cepted. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE BEER AND U NE LICENSE for Roy's Markets, Inc., 234 Highland iivenue was presented. Report from Chief of Police Smith stated investigation fails to disclose any grounds for protest. Moved by Hart, seconded by Allen, the application be:•filed.. Carried, all the Council present voting aye. COMMUNICATION FROM SENATOR FRED H. KRAFT was read, stating if, at any time, he can be of assistance in representing the Council and City on legislative or administrative matters having to do with state government, he will be happy to volunteer his services, Moved by Allen, seconded by Hart, the letter be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON reported he has a Policy of Title Insurance and an easement for Paradise Creek Project, and recommended the title insurance.bb2referred to the City. Attorney for approval and the easement be referred to him to prepare a resolution for acceptance. Moved by Allen, seconded by Hart, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the Hazard Company has finished paving 'B„ Avenue; plans for the Engineer's report have been filed with the City Clerk for the 1911 Act improvement of 404 Avenue from l5th Street to 16th Street; the drain pipe has been installed on the "F" Avenue storm drain. CITY CLERK ALSTON reported Christmas cards addressed to the Council have been received from the City of Chula Vista, Board of Super- visors Clerk and Staff and Oceanside City Council CITY IvANAGER BIRD reported on the Traffic Safety's recommendation which was referred to him at the last council meeting, that the 'ono parking signs on lest 18Lh Street east of Kimball School be removed. City Manager Bird reported there are two "no parking signs during school hours and they are protecting the cross walk in front of the Kimball School, City Manager Bird recommended the Traffic Safety Committee.isrecommendation be tabled and the Traffic Safety Committee make a further study as to 4no parking time during peak hours an 18th Street. Moved by Fessman, seconded by 12/23/58 228 Alen, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported in regard to Third Street between National and Roosevelt Avenues which was referred to him at the last Council meeting for clarification and recommendation. The clarification offered by the Traffic Safety Committee as follows: Third Street between National Avenue and Roosevelt Avenue be zoned for two hour parking and proper signs be erected thereof. The Committee feels that much of this space is occupied by all day parkers who take the bus to their place of employment and as this area is a business and manufacturing zone, it should be limited. City Manager Bird stated after studying this area, he finds the south side of Third Street between National and Roosevelt ,.venues, there is first the warehouse of the Bay Furniture Company and then a vacant lot. 0n the north side, there are four residences, one facing National Avenue, and recommended the south side, only, be marked at the present time and set aside as a two hour parking zone; and that portion from National . 100 feet west on the north side. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried, ,411 the Council present voting aye. CITY MANAGER BIRD reported on the Traffic Safety recommendation for Second Street and Highland Avenue. The curb on Highland :.venue on the southeast and southwest corners of Third Street to be painted red for a distance not to exceed twenty-five feet back from the intersection. The exact distance to be determined by the Engineer- ing and Police Departments. The Committee feels this intersection is definitely a hazard and has made several prior recommendations which the City Council has refused. It is to be understood this is not a permanent solution. The ultimate answer being to increase the site distance by lengthening the vcrticle curbs south of this intersection which should mean a cut of two feet or more at this intersection. COUNCILIA.N LT•T,TN asked if this was referring to Second nr Third Street, City Manager Bird had read Third Street. CITY MANAGER BIRD stated the report did read Third Street, but the situation is at Second and Highland. Moved by Alien, seconded by Hart the Traffic Safety Committee's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported on the Traffic Safety Committee's re- commendation on 21st Street between National and .venue, south side of 21st Street. 21st Street from A" Avenue -to National :.ve- nue be zoned for no parking on the south side. Proper signs to be erected thus indicated. This problem was brough to the attention of the Committee by the Police Dept k study indicated that a fire vehicle would have a difficult time using this street in case of an emergency. 21st Street in this area is only dedicated on the north side, leaving a 30 foot wide street. As the street is un- curbed, vehicles park at various distances out from the property line making travel way very narrow. The authority for prohibiting parking if found in City Ordinance 827, Secion 64a. Moved by Alen, seconded by Hollingsworth, the recommendation of the Traffic 12/23/58 229 Safety Committee be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported that on Resolution No. 7345, dated November 8, 1958, following the Planning Commission's recommenda- tion of November 10, 1958. There was accepted a deed signed by C. L. and Charles Singleton for a parcel of property dedicating to the City south twenty feet of their property. The deed as drawn did not dedicate it as for street purposes. The situation as it now exists upon a search of the Title Company and as such for application for loans, has been shown by the Title Company in deeding this property, outright, to the City of National City, the property owner has not only left themselves without access to his property, the deed fails to set forth the street purposes, but also their house sets on part of that twenty foot area. City Manager Bird stated they thought at first they could clarify the problem by dedicating the street, but in so doing we have a house, at least fifteen feet of the living room setting on this street. MRS. SINGLETON was present and stated they were approached by a Mr. Clarence Moore requesting they sign the deed. He had said if they didn't sign the deed, the City could come in and take thirty feet of their property by condemning it. He had also stated if they signed the deed the City would stand the expense of moving their house back on the lot. Since then they have found out the City will not stand the expense of moving their house and they have no access to their property. They have been turned down on their loan, they have lost the money they have invested and are unable to do anything about it. COUNCILMAN HART asked who is Clarence Moore? CITY MANAGER BIRD stated he might be able to clear it, although he is going purely on assumption, there were permits issued for Gary and Lowe on the west side of Singleton's property and a building permit was issued to Clarence Pope on the east side of the Single- ton property. For a long time the City has been attempting to get 21st Street deeded. The Building Dept. in issuing these per- mits to Gary and Lowe did so in good intent. It was cleared by Planning Dept. in good intent and then there was a complaint to check to see if they were encroaching upon the street proposed right-of-way. It is possible Mr. Moore is connected with the con- tractors for Gary and Lowe. HEARING ON AILLIAMSIS MANOR NO. 6 ANNEXATION was held at this time. No one was present to protest the hearing and City Clerk Alston stated there were no written protests. Moved by Allen, seconded by Hart the hearing be closed and referred to the City Attorney for the necessary documents. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated in regard to the jingleton's property, they have been a victim of a fraud. This Council proceedings is not a place to resolve that sort of a situation. It is a matter of the property owner having lost a valuable property right and it is very clear it is a matter of law. If the property owner can sustain the fact as alleged here, there would be a cause of 12/23/58 230 action against the persons who did perpetrate the fraud. It would appear that avenue should certainly be explored by the property owner. The City also has an interest in it in that someone has misrepresented the City and it would be well for them to make an investigation:regardi.ng this fact. Moved by Fessman, seconded by Hart, the City Attorney be instructed to follow through with these things he has mentioned both as to the City's interest as well as the Singleton's interest, that the mat- ter be resolved in a satisfactory manner. The City Attorney be authorized to start an investigation as well as a prosecution. Carried, all the Council present voting aye. COMMUNICATION FROM INDUSTRIAL ASPHALT COMPANY OF LOS ANGELES. was read, stating they were interested in obtaining three or four acres site for an asphalt mixing plant in the San Diego area and they feel our City offers many advantages and wish to further discuss this matter with us. CITY MANAGER BIRD recommended the communica- tion be referred to the Harbor Committee. Moved by Hart, seconded by Hollingsworth the communication be referred to the Harbor Com- mission. Carried, all the Council present voting aye. APPLICATION FROM IAJ:'LE BROTHERS INC., was presented requesting tidelands property to build a building and are interested in seek- ing an audience with the Harbor Committee, Moved by Allen, second- ed by Hart, the application be referred to the Harbor Committee. COUdCIL'uAN FESSMAN stated arrangements for the meeting with the Harbor Committee should be made sometime after the first of Jan- uary. Carried, all the Council present voting aye. CITY,NAGER BIRD reported the City Engineer and himself met with the San Diego Gas & Electric Company on the tidelands area with their construction engineers. They have now firmed up their plans, and feel they are now in a position to come before the Harbor Com- mittee with an explanation primarily to solve two or three points before the Attorneys go any further with their drafting of the necessary papers. One point is a water lease of water area. The other point is a franchise point for their oil line and a leasing in the tidelands area of the right-of-ways for their pipe lines. Moved by Fessman, seconded by Hart, the matter of the Can Diego Gas & Electric Co be referred to the Harbor Committee and placed on the first meeting in January. Carried, all the Council present voting aye. COMMUNICATION FROM CITY ENGINEER was read, in regard to the Dike Construction bid and recommended the contract for the work be a- warded to J. L. McElvaney as low bidder. CITY MANAGER BIRD re- commended that the bid of MoElvaney be accepted and the City Attorney be instructed to prepare the necessary resolution. Mov- ed by Alien, seconded by Fessman, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated this is the last Council meeting in the year and Management would like to wish a Merry Christmas to the 12/23/58 231 City Council Members. COUNCILMAN ALLEN inquired of City Manager Bird if action was to be taken today on the change of the covenants of the acreage. CITY MANAGER BIRD stated this matter was referred to the City Attorney and himsalf. The City Attorney has been very busy and the matter is not prepared. APPLICATION FOR CONDITIONAL EXCEPTION NO. 621, signed by Mildred Ellen Cunningham relative to the property located at 1734 Pros- pect Street was presented. Petitioner is requesting permission to reduce minimum lot area required to allow the sale of the southerly fifty feet, providing a 50 ft by a 72.5 ft for the erect- ion of one single family residence. The Planning Commission re- commended the granting of this request. Moved by Hart, seconded by Allen, in favor of the Planning Commission's report. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Fessman, Hollingsworth. Moved by Hart, seconded by Alien, this matter be referred to the City Attorney to prepare a resolution. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Fessman, Hollingsworth. Moved by Fessman, seconded by Hart, the Planning Commission be instructed to stop all work on the lot split ordinance or anything that pertains thereto as they are wasting their time. We arbitarily give a variance on a lot split variance. If the Council is going to overrule their own policy, there isn't any need to have them work on it. Motion lost by the following vote to -wit: Ayes: Fessman, Hart, Nays: Allen, Hollingsworth, Hodge. APPLICATION FOR CONDITIONAL E<CEPTION NO. 632 signed by E,.M. Morrow relative to property located at 621 Highland Avenue, was presented. Petitioner is requesting permission to use rear 40 feet of the property located in $4 Zone in conjunction with exist- ing nursery. The Planning Commission recommended the condition exception be granted subject to the restrictions on the area the variance requested for be used only for driveway to enter onto the property and for storage of plants growing in containers and no other materials are to be stored on that property. Moved by Hart, in favor of the Planning Commission's report and the City Attor- ney be instructed to prepare a resolution. COUNCILMAN ALLEN stat- ed there had been a question referred to the City Attorney as to whether we could restrict manure be placed in sheds or covered, and as yet we do not have a legal opinion regarding this matter. COUNCILMAN HAFT withdrew his motion. Moved by Allen, seconded by Hart, we accept the recommendation of the Planning Commission pro- vided the lessor agrees to put the manure in a shed or under can- vas close to the ground. Motion lost by the following vote to - wit: Ayes: Allen, Hart. Nays: Fessman, Hollingsworth, Hodge. Moved by Allen the matter be referred to the City Attorney for a legal opinion. Motion died for lack of a second. Moved by Fess- man, seconded by Hart, the matter be referred to the City Attorney for an opinion as to whether we can put the strings on the applica- tion to apply to a piece of p.Lcerty which is not involved in the 12/23/58 232 application. Carried., all the Council present gating aye. REPORT FROM THE PLANNING COLLISSION was read, recommending the acceptance of a grant deed from A, C. and Virginia D. Montgomery for an additional 15 foot dedication to widen the alley between Lanoitan and Rachael Avenues in the area between 18th and 20th streets from a 20 foot right of way to a 50 foot right of way. A 10 foot construction easement is attached. The Planning Com- mission also recommended the acceptance of a grant deed from Paula Rae and Jilliam E. Baker for a 20 foot dedication of the south portion of 17th Street for a 50 foot right of way and an additional 7.5 feet for the widening of the alley in the location of M Avenue. Moved by Allen, seconded by Hart, we accept the recommendations of the Planning Conunission and it be referred to the City Attorney for a resolution. Carried, all the Council pre- sent voting aye. MAYOR HODGE inquired of the Coulicil if they would like to have the City Clerk on our behalf write letters to the Ministerial Assoc- iation and those Ministers w:lo have participated in our program the past year and thank them, wishing them a Merry Christmas and a Happy New Year. Moved by Fessman, seconded by Hart, Mayor Hodge's suggestion be approved. Carried, all the Council present voting aye. MAYOR HODGE inquired of the Council if they would like to write a letter to Senator Fred Kraft and thank him for his genercusaoffer to help us at any time we should need it. Moved by Allen, second- ed by Hart, Mayor Hodge's suggestion be approved. Carried, all the Council present voting aye. RESOLUTION NC. 7369 was read accepting the bid of J. L. MCElvaney in the amount of $6,433.00 as the lowest bid submitted on Decem- ber 22, 1958, for the Dike Construction, National City Tidelands, Specification No. 635. Moved by Hart, seconded by Fessman, the Resolution be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. Moved by Hart, seconded by. Fessman, the meeting be closed. Car- ried, all the Council present voting aye. Meeting closed at 3:20 P. M. ATTEST CITY CLERK MAYOR, CITY `OF NATIONAL CITY, C O2 IA 12/23/58