HomeMy WebLinkAbout1955 12-20 CC MIN156
National City, CaWdtnia, December 20, 1955
Regular meeting o±''the City Council was called to order by
Mayor Hodge at 1:30 P.M. o'ciock, Council members present:
Fessman, Heck, Hollingsworth, Jensen, Hodge. Council mem-
bers absent: None.
ADHIATIS'f'RATIV' OFFICIALS present: Alston, Bird, Curran,
Holgate, Lill, Wagner, Bailey._.
The meeting was opened with pledge of'allegiance to the Flag,
followed by invocation by Mayor Hodge.
COUNCIL'°IOMAN HOLLINGSWORTH stated on Page 151 of the minutes
of December 13th regarding theaonlication to move a build—
ing by Scott S. Graves a motion was made, seconded and carried
that the application be approved with the restrictions as
stated by the Building Inspector_ in his report, and questioned
if it was the wish of the parties making the motion whether
they wished to also include the Planning Director's recom—
mendations. Moved by Jensen, seconded by Fessman, that the
motion include the recommendations as setforth by the City
Planner, Carried, all the council present voting aye. Hoved
by Heck, seconded by Jensen, that the minutes of December 13th,
as amended be approved. Carried, all the Council voting aye.
RESOLUTION NO. 6536 was read, permitting the installation of
streets in the Ricardo Terrace Subdivision in accordance with
the recommendations of the City Engineer. Moved by Heck, _
seconded by Hollingsworth, that the Resolution be adopted.~
Carried, by the following vote to -wit: Ayes: Heck, Hollings—
worth, Hodge. Nays: Fessman, Jensen.
ORDINANCE NO. 898, "AN ORDINANCE OF INTENTION TO VACATE AND
CLOSE A PORTION OF 15th STREET BETWEEN C. AVENUE AND E. AVE—
NUE AND ALSO THAT CERTAIN ALLEY BETWEEN D. AND E. eE ?IE AND 14th
STREET AND 15th STREET IN THE CITY OP -NATIONAL CITY", was
presented for the second and final reading, and read in full.
Time for hearing any and all persona interested in or object-
ing to the proposed vacation is set for 2:00 o'clock P.1I.,
February 14, 1956. Moved by Heck, seconded by Fessman, that
the Ordinance be adopted. Carried, all the Council present
voting aye.
ORDINANCE NO. 899, "AN ORDINANCE OF THE CITY OF NATIONAL
CITY A i NDING ORDINANCE NO. 750 BX ADDING THERETO SECTION _
4.9, PROVIDING'A REZONING OF CERTAIN REAL P'RO?ERTY AT EIGHT
AND 1: RRISOF , was presented for the second and final read—
ing. Moved by Heck, seconded by. Jensen, that the Ordinance
be adopted. Carried,' by the following vote to —wit: Ayes:
Fessman, Heck, Jensen, Hodge, Nays: Hollingsworth.
RESOLUTION NO, 6537 was read, approving and accenting the
Declaration of Restrictions made by L. Wendell Hesseltine
and Lillian Hesseltine, dated December 7, 1955, and the
City Clerk is authorized and directed to record the same.
Ilovd by Heck, seconded by Fesaman, that the Resolution be
adopted. Carried, all the Council present voting aye._
CITY ATTO"NEY CURRAN reported that the Public Utilities
Commissission has called a conference on the zoning report
which has previously been reported on to the Council, and
the hearing will be held tomorrow morning. It is anticipated
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157
that certain problems will be discussed how to go forward.
Attorney Curran stated he will attend the meeting and report
the results,
ATTORNEY CURRAN reported on the claim by Motors Insurance
Corporation on account of the loss suffered by Gilbert A.
tcCann in the sum of 191.95. There has been no action in
accordance with our procedure it is recommened'this-claim
be denied. Moved by Heck, seconded by Fessman, that the
claim be denied. Carried, by the following vote to -wit:
Ayes: Fessman, Heck, Hollingsworth, Jensen Hodge. Nays: None.
CITY ATTORNEY CURRAN reported that the Certificate of Insur•-._
ante submitted by Pace -•Construction Company indicated that
the required ?"10,000.00 property damage is not met, and it is
recommend:dthat the City Clerk return the certificate and
advise Pace Construction Company it is net acceptable on
account of the deficiency in property, damage coverage. Moved
by Hollingsworth, seconded by Jensen, that the City Attorneys
recommendation be followed. Carried, all the Council -present
voting aye.
ATTORNEY CURRAN stated there has been submitted for an'roval
a performance bond wherein Scott S;, Graves as Principal and
Fidelity and Deposit Company of Maryland, as Surety, are
firmly bound unto National City in the sum of S1,000.00 on
account of the moving permit which was approved by the Council.
The bond appears to be in order and it is recommended that it
be approved and filed, Moved by Heck, seconded by Jensen,
that the Attorneys recommendation be allowed. Carried, all the
Council present voting aye,
BILLS AUDITED BY THE FINANCE COir ITTEE presented:
General Fund 12,78137
Traffic Safety Fund ,512,95
Park Fund 2,112,79
Retirement Fund 2,195.59
Trust & Agency Fund 230.00
Drainage Fund ,.305.51
Payroll Fund 26,313.0
TOTAL - 7L4,451.2
COUNCII0MAN HOLLINGSWORTH stated she would like, 'before the
bills are approved, to process item No, 2 under "New Business"
the communication from G. t�, Dietrich -requesting refund_of
deposit to clove building. Moved by Hollingsworth, seconded by
Jensen, t:rat the communication from G. t+'. Dietrich be taken up
at this time? Carried, 611 the Council present voting aye.
COinitiT:Ui5`'".tONi OF MRS. G. W. DIETRICH was read, requesting
refund of 71,000.00 deposited for_noving of building. REDORT
FROM THE '3UILDING DEFARTIENT was read stating the building -
has co -rolled with all requirements, and recommended that the
reloc�t or. brand °be returned. Moved,by Hollingsworth, sec9nd-
e%t b ✓ Jcri _^ , that the refund~ be_ granted. Carried, by the
x iiotnirrg ''rc e uS-iaTlt: .Ayes:.Fessman, Hollingsworth, Heck
Jensen, Hodge. Nays: None, The total amount of bills author-
ized for payment is 545,1151,26! Moved by Hollingsworth, -second-
ed by Heck, that the bills be auth9rizedfor payment, and war-.
rants drawn for same. Carried, by the following vote to --wit:
Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None.
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. 158
ALBERT E. CLARKE, 914 E. 8th Street, was present and °ailed
attention to the ragged condition of our Flag on the mast at
the City Hall. Mr. Clarke said he would appreciate it if a
new Flag was purchased.
COUNCILMAN FESSMAN reported on the meeting of the San Diego
Bay Development Committee which met yesterday in San Diego.
The Committee listened to a Dr. Mott who represents the firm_
of Mott and Associates of Washington, D. C. and recommended
that the Board of Supervisors enter into a contract with this
firm to make a survey as to the possible uses of San Diego
Bay, and the sum agreed_upon was '?12,000.00. David 'Bird, of
the County Board of Supervisors asked that each.City send in to
them a resolution requesting that survey be made so that it
will be possible to be paid out of County funds. Moved by
Fessman, seconded by Jehsen.z that the Council rrequest._Ss.n _
Diego County Board of Supervisors to.enter into a contract _
for a survey, and that s. resolutionbepassed and forwarded
to them so they will, know our wishes. Carried, by the follow-"-
ing vote to -wit: Ayed: Fessman, Heck Hollingsworth, Hodge,
Jensen, Naysi NOnej
RESOLUTION NO, 6538 was read, -requesting the County of Sane
Diego to bear the cost of an engineering survey for develop-
ment_of San Diego Bay, Moved by Fessman, seconded by Heck,
that the Resolution be adopted. Carried, all the Council
present voting aye.
COUNCILWOMAN HOLLINGSWORTH s_tated_.the signal lights at lOth_
and Highland are just about completed and thought no parking
should be allowed on the West side of Highland Avenue between
8th and loth Streets, for South bound traffic, OOUNCI L AN
HECK said he thought it should aptly on both sides of the
street. MAYOR HODGE stated he thought this matter should_be_.
referred to the Police Department, COUNCILMAN FESSMAN stated
there are several streets in the City which dead end on a main
thoroughfare and at such points there is invariably a
-parked, and all such streets should have a no parking area,
at_least closed for parking the width of the street opposite.
These streets should also be included along with Highland__
Avenue. COUNCILMAN u7CK stated Ordinance 827 provides for
this. Some consideration should be gi-�en_to limited parking
on the narrow portionc of Highland A.veue , Moved_by Heck,
seconded. by Hollingsworth, that we immediately instruct the _
Policke Department, inasmuch as the` u
Chief of Police has the
-oor.,eC to t, Croke "no parking"areas, that parking be immediately
brrd or West side of Highland Avenue, between 8th and
and that ii?urther study be_ taken of_ the situation
e Department, and if the conditions warrant, that _
ye ' = _-.::g on the East side. Carried, by the following'
vot dit: Ayes: Fessman, Heck, Hollingsworth, Jensen. Nays:
Hodge- COUNCILWOMEN HOLLINGSWORTH asked the City Manager if
the pzThlem between 24th and 30th is before the Traffic Safety
Committee now, or have they made a recommendation. CITY_MANAGER
BIRD ota.ted it is before the Traffic Safety Committee, but. they
have not as yet made an answer. Moved by Hollingsworth,'seconded
by Fessman, that the recommendation made,by Mr. Fessman, regarding
the Section in Ordinance 827 be referred to the Chief of Police
through the City Manager for enforcement. Carried, all the
Council present voting aye.
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159
C H tiNICATION FROM FIRE CHIEF BAILEY was read, recommending the
acceptance of the resignation of Billy J Griffin from the
Fire Department effective December 19, 1955. The coommunieation
came into the possession of Chief Bailey through the City_
Manager, as itwas not addressed to Chief Bailey. BFSIGNATION
OF BILLY J. GRIFFIN addressed to the City Manager, was read.
Moved by Hollingsworth, that the resignation be accepted.
COUNCILMAN FESSMAN asked if any_investigation has been made _
as to why this man feels the way he does. COUNCILMAN HECK
stated that inasmuch as the Fire Chief is under the City Manager
it might be well to check the moral of the Fire Department or
turn the matter over to the Ciii1 Service Commission -for a _
hearing. COUNCILWOMEN HOLLINGSWbAtH stated She feels we have
a very fine Fire Chief and the least we can do is accept the
resignation. If. this ehauld happen to more than one employee
than it should be referred to the Civil Service Commission to
see if there is anything wrong in_the Department. COUNCILWOMAN v
JFNSEN stated she did not think the resignation should be accep-
ted until an investigation is made. ALBERT E. CLARKE was pre-
sent and stated the City has a Civil Service Commission and the
City should,be very much concerned about public relations, and
if any,employee is dissatisfied a check should be made to find
the reasons. Motion died for lack of a second. Moved by
Jensen, seconded by Heck, this be referred to the City Manager
for investigation, and for an investigation of the moral of
the entire Fire Department, Carried, by the following vote
to -wit: Ayes: Fessman, Heck, Jensen. Nays: Hollingsworth,
Hodge.
COMMUNICATION FROM BOARD OF SUPERVISORS in regard to ordinance
amendment for renewal of permits from the Health Dept:, was
x°ead, CITY MANAGER BIRD stated it provides for delinquent
fee only on our health permits and recommended that the Attorney
'repare an amendment to our present ordinance. Moved by Holl-
ingsworth, seconded by Jensen, that the City Attorney prepare an
amendment to our present health ordinance. i'arri.ed, by the
following vote to -wit: Ayes: Fessman, Heck, Hollingsworth,
Jensen, Hodge. Nays: None.
CITY MANAGER BIRD stated he -had prepared by the Engineering
Department the map and bid specifications for fencing of__
Paradise Creek, :end recommended the accerar,ce of the plans _
and that the C ty C _e:rk be authorized to mac;: a se foor_bids.
Moved by Jensen, „ecended by Fessman, thcA ::.c request of the
City Manager granted, Carried, all tL Council present
voting aye n
C._ "1^ ..
City
Fjnnev, ci
ordinance
:°D eoted there wa_a-meet .nethis
'The Water, Telo b e, and Ca and
_. ve the excavatin ordinance, The
} 'iL _
y �?�$i�er3r"..,-;.2, Assist�.nt ordinance._
1,1aw ger. There are few changes in the
rave Caen agreed upon and they will be typed
out and s ttad to the Engineer for a report and adoption at
the nex meo `;:: ng,
COMMUNICATION FROM MUNICIPAL EMPLOY'ESt S ASSOCIATION was read
inviting the members of the City Council and their families to
attend the annual employeest Christmas party, December 20th at
7:30 P.M. in the Community Building.
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160
COMMUNICATIONSIFROM FRED H. K_RAFT and. Joint Interim Committee
on Transportation Problems were read, announcing hearingsto
be held in San Diego on January 30 and 31, 1956, for the pur-
pose of obtaining information from officials of local gover-
ment pertaining to certain highway matters. The hearings_will
beheld in the San Diego Chamber of Commerce Auditorium,
starting at 10:00 A.M. CITY 1.4NAGER BIRD stated we have started
preparation as they are interested in our future highway nlans,
and he hones the City Engineer, City Planner and himself will
have this information available and ready for the Interim
Committee hearing. It would also be well for the Council to
attend the meeting.
COIF ruNICATION FROM B. J. GAtJTEREAUX, SUPT. * OF '?UILDIN6._ SERVICES
was read, in regard to Herbert J. Cronkite, Custodian,,request-
ing that Mr. Cronkite who has been working on full one-half
time basis be allowed to continue on this basis with full Civil
Service status. CITY -MANAGER BIRD stated Rule 9.7 of Civil
Service Rules provides that upon recommendation of the depart-
ment head that Council action is of a necessity and also a
Civil Service action is.a necessity. At the Civil Service _
meeting last evening it was unanimously recommended that Mr.
Cronkite be continued as Custodian -on half time basisa It is
the recommendation of the City Manager that the request be -
granted. Moved by Hollingsworth, seconded by Jensen,that the
recommendation of the Civil Service Commission and Mr,'Gaut-
ereaux in regard to Mr. Cronkits be approve$. Carried, by the
following vote to -wit: Ayes: Fessman, Heck, Hollingsworth,
Jensen, Hodge. Nays: None.
COMMUNICATION FROM CITY mAnozn BIRD was read regarding_General
Public Liability and Property Damage, Insurance - 3 year term.
Three Proposals were received by the City Manager in his office
on or before 10:00 A.M., December 19, 1955. The Great American
Indemnity Company did not bid as called for in the invitation
but submitted on the basis of a renewal of present contract
with the increased amounts of coverage. The proposals received
irere as follows: Bid of Saint Paul Mercury Indemnity,Comnany
submitted by M. G. White -Starke Insurance Company; Great American
Indemnity Company submitted by Percy -Goodwin Company, Guy & Guy
Coresent carrier); Indemnity Insurance Company of North America
submitted by Corbett r Edelen. It is the rec)o cndation of the
City Manager tr..t u e Ccuneil consider t'� -.c crt^.nce of the
T ronosal of th n•:.nit:l Insurance Comp':. "ur th Amercca,_
Corbett & Edelen, -gcn e -.nd that a rescut; .; be prepared
authorizing the proper officials to sign tt;;- arnreernent and the
return of, the bond and certified check to tr.eir respective
companies with an expression of thanks for thciir submitted__
iroposals. Moved by Heck, that the_bid of the Indemnity
Insurance Com•oany of North America, be approved, and accented.
HISS VANAALST OF GUY & GUY was present in reg^rd to the bid _
which they submitted. After,e lengthy discussion. the; motion
was_seconded by Hollingsworth. Carried by th.e fo1 owing vote
to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge.
Nays: None.
REPORT FROM THE PLANNING COMgRISSION was read in regard -to the -
discrepancy in the present dates of expiration of terms. Moved
by Hollingsworth, seconded by Heck; that the minutes of_,pril
21, 1954 be corrected as follows: Planning Commissioner George
James' term to expires January 21,_1957, and the minutes of
May,_4, 1954 be corrected to make the term of Charles Kerch
expire in May 1957. Carried, by the following vote to --wit: -
Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None.
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161
REPORT FROM THE PLANNING COMMI6SION'was read regarding Commun—
ication from Howard S. Colburn, Jr., 126 E 5th Street, rel-
ative to the possibility of opening "M" Avenue from 26th
Street to 25th Street onto his_proper'ty which sits on the end
of "M" Avenue. His property is 112 feet deepThe Planning _
Commission recommended the acceptance of deeds for the exten-
sion of "Mff Avenue as a thirty foot_ streetnortherlY of its pre-
sent terminus, to resolve into a 90 foot diameter cul-de-sac,
property line to be located not closer than ten feet from the
Barlow bari, Said dedication to be fully improved according -to -
Ordinances 803 and 855. The Commission further recommends that
sidewalks be not required around the north radii of the cul-de-
sac. Said recommendations dubject to final approval by the City
Engineer. CITY PLANNER WAGNER_ stated_the matter is being studied
by the City_Engineerts office and Mr. Colburn has been advised_
that when legal descriptions have been prepared, he Hae_agr601.
to sign same._. It might be advisable to lay this matter over pen-
ding a resort from the City Engineer. Moved by Hollingsworth,
seconded by Fessman, that it be laid over for a reportfrom the
City Engineer's office. Carried, all the Council present voting
aye,
REPORT FROM TH2 PLANNING C0H ISSION was read, recommending
the approval of the revisedltentatitre map of Orchard 1ianor Sub-
division. This Revised Tentative Map to relocate Arcadia Place '
removes the objections raised at the Council meeting of July-19,
1955• REPORT FROM CITY ENGINEER LILL was read regarding the Tent-
ative Map of Orchard Manor dated December 9, 1955 which sets-'
forth his recommendations. Moved. by Heck, Seconded by Fessman,
that the Revised Tentative Map of Orchard Manor Subdivision be
approved subject to the planning Commissionts and the City
Engineer's recommendations. Carried, by the following vote
to -wit: Ayes: Feseman, Heck, Hollingsworth, Jensen, Hodge.
Mays: None.
CITY PLANNER WAGNER stated he has been endeavoring to define,
the hardships as required by the Council. This has not been -
submitted to the Planning Commission for their consideration,
tat -would like to indicate to theCouncil what his recommend-
ations would be to the Commission, and if there areeadJitional
suggestions he would welocme them. In the definition eectior'of
the Ordinance we might clarify the three important statements
Made in the section ccvering._the issuance of varianoes_which
states in general where practical difficulties, unnecessary
hardships or results inconsistent with the general purposes
and intent of this ordinance would occur through strict appli-
cation of its provisions, the Commission, upon itsown motion,
receipt of a petition, or writtenrequestof the City Council
May grant a variance. Under this chapter we might explain to
all who would use this ordinance, either the general public -
or the administrators of it, the intent of the Council. Under
practical difficulties we might state that it isintenaed. gen- '
era_'_ly to refer.to problems involving topography, slope of land,
pro1)sed street extensions or other_similar conditions affecting
a parcel or lot. Under unnecessarydships we could state
that it is intended generally__to rcgee
`t to a condition or cond- 1
it.ons brought about by some practical difficulty affecting_the
intended use of the land and in no way is ineeen ed to cover
economic situations of an individual or group of fid.ividuals._
Under the definition of results inconsistent with bhe general
purpose and intent of thisordinance we might tateVthat it is
intended generally to 3/'or to changing conditions_ having an
adverse effect cn the use of land which condition may not have
been evident at the time of adoption of the ordinance.
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162
CITY PLANNER NAGNER stated the_second meeting in January has,
been Scheduled by the Planning Commission to bc a night_for
final recommendations on the zoning ordinance,
and a p,..1b= ring date haAeen officially establishea by
the no711-1Wo- 5n- February9"-thfor ._.ioresentation to the
gen5r,-,1
RECOlUfT_:N 659 was read, accepting the bib. of Corbett
and ,:b_aprehansive_;iability ipur-mbe, and reject—
ing a_71 e-t'ror bj1 '.1. said insurance. Movd by 1-1):lingsvorth,
seccadod Ly the Resolution be a-aoptb,d, CarrLed, all
the C:.incIlj. voting aye.
CITY ANAGEBIR.D dtated it will be neOessary
sign 8th -H. 10Th Street on the West E„du
TTe, Tfl pernapE 'ritt• to use temporary signs al.
Ing! uoi* unieeo we include therein a
and under Ordinanco S27 the Traffic Engince ha
to co 10. OOITTCILOMAN HOLLINGSWORTH said she
s.A.,-)1,1a be a tow —away zone.
poet an
ths "no P
tr7,--away
thought th
•
adequate
_
zAv2/
s.rk-
n _ _e ,
ority
ere
MAYOR HODGE referred to thegpeation of hardship cases in
granting of zone variances and said he thought they should
not be based on either personal or financial reasons, CITY
PLNNER WAGNER said he would be_glad to inclnde that
1,10-ced Heck, seconded by Jensen, that the meeting be closd.
Carried, all the O(f,uncil present voting aye,
Meeting closed at 9::,0 P.M.
4,
HAYOR, CITY OF NATIONA
VMV
-ALIFORNIA
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