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HomeMy WebLinkAbout1953 02-03 CC MIN160 National City, California, February 3, 1953. Regular meeting of the City Council was called to order by Vice Mayor Hart. Councilmen present: McClure, Parchen. Sarn, Hart. Councilmen absent: Carrigan. Moved by McClure, seconded IfwParchert, that the reading of the minutes of the regular meeting of January 20, 1953, and the special meeting of January 26, 1953, be dispensed with. Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICIALS present: Alston, Rhodes, Gautereaux, Bailey. HERBERT A. BARNES, 1129 "B" Avenue, was present in regard to Civilian Defense. DONALD JACQUOT, 35 E 3rd Street, was present and presented a petition to open 4th Street between Roosevelt Avenue and Harbor Drive, which was signed by 1317 petitioners. Moved by Parchen, seconded by McClure, that the petition be referred to City Manager Rhodes for action. Carried, all Councilmen present voting aye. VERNON FOGARTY was present in regard to moving a building from Los Angeles County to 3301 E. 8th Street. Moved by McClure, seconded by Sarn, that the application be granted subject to the posting of a $5,000,00 faithful performance bond, and in compliance with the Uniform Building Code, as per Bldg. Inspector Bird. Carried, by the following vote to -wit: Ayes: McClure, Parchen, Sarn, Hart. Nays: None. CHARLES B, CAMPBELL, 337 E. 2nd Street, was present in regard to the traffic hazard existing on "D" Avenue and from Highland to National Avenue, east west traffic. Moved by Parchen, seconded by McClure, that 2nd Street from National to Highland, and "D" Avenue from Division to 8th Street be referred to the Traffic Commission for their recommendation to solve this traffic problem. Carried, all Councilmen present voting aye. COMMUNICATION FROM EDWARD C. ERNY was read, requesting the use of the Memorial Bowl for Easter service to be held at 11:00 A.M., April 5th. Moved by Parchen, seconded by McClure, that the request be referred to City Manager Rhodes for recommend- ation. Carried, all Councilmen present voting aye. COMMUNICATION FROM ERNEST TRUMMER, 1044 Paradise Drive, was read, regarding traffic hazards in Paradise Valley. Moved by Parchen, seconded by Sarn, that the communication be referred to the Traffic Committee for a report. Carried, all Council- men present voting aye. W. H. LEWIS, 1127 14th Street, San Diego, has deposited $210.00 for an opening bid, as set by the Council December 3, 1952, on Lot 5, Block 211, City Plat, for a public auction. Moved by Parchen, seconded by McClure, that it be referred to the City Attorney to prepare a Resolution. Carried, all Councilmen present voting aye REQUEST FOR REFUND by Mrs Mary Hashem, in the amount of $12.50 for deposit on oil job on Coolidge between 13th and 14th Streets, was presented. The request was approved by City Treasurer Holgate. Moved by Parchen, seconded by McClure, that the refund be made Carried, by the following vote to -wit: Ayes: McClure, Parchen, Sarn, Hart, Nays: None. 2/3 161 COMMUNICATION FROM CITY MANAGER RHODES regarding a petition for the paving of Cleveland Avenue between 13th and 21st Streets, was read The petition contains a request that the City allocate a portion of the State Gas Tax Funds toward the improvement of the street At the present time the City's gas tax budget has an allocation in it for the paving of McKinley Avenue from 13th to 24th Street. In order to grant the request of the property owners on Cleveland Avenue it would be necessary to have a change in our contract with the State and allocate the funds now set up for McKinley to Cleveland Avenue. The petition contains sufficient signatures to grant the request. The consent of the State Highway Commission to change our gas tax budget for the year 1952-53 would have to be secured before stating positively that the petition could be granted. Moved by Parchen, seconded by McClure, that this be held over for further discussion. Carried, all Councilmen present voting aye.. COMMUNICATION FROM BILL and RUBIA MILLER was read, expressing their appreciation for the cooperation in making the March of Dimes Parade and Street Show a success. VICE MAYOR HART order- ed the communication filed. REQUEST FOR REFUND by W. 0. Hamilton, in the amount of $1.50 for advance payment of refuse service, was read. City Treasurer Holgate approved the request Moved by McClure, seconded by Parchen, that the request be granted.. Carried, by the follow- ing vote to -wit: Ayes: McClure, Parchen, Sarn, Hart Nays: None. COMMUNICATION FROM CITY MANAGER RHODES was read, regarding the fly situation on E. 6th Street, The matter was taken up with the County Health Officer and will be taken care of immediately. VICE MAYOR HART ordered the communication riled. EXCAVATION APPLICATION from Paradise Valley Sanitarium and Hospital, and a communication from City Manager Rhodes, were presented, It is the Manager's recommendation that the application be granted and that the Sanitarium furnish a bond in the amount of $1,000.00 for faithful performance and a bond of $5,000,00 to cover public liability and property damage. Moved by McClure, seconded by Sarn, that the permit be granted subject to the providing of the recommended bonds and taking out the proper permit. Carried, by the following vote to -wit: Ayes: McClure, Parchen, Sarn, Hart, Nays: None. APPLICATION FOR ON SALE BEER & WINE LICENSE by Villa's Market, 15 W. 8th Street, was presented. The premises are not licensed at present Moved by Sarn, seconded by Parchen, thatwe enter a protest. Carried, all Councilmen present voting aye. APPLICATION FOR OFF SALE BEER & WINE LICENSE by Money's Market, 144 W. 5th Street; was presented: The premises are not licensed at present. Moved by McClure, seconded by Parchen, that the application be filed. Carried, all Councilmen present voting aye. APPLICATION FOR OFF SALE BEER & WINE LICENSE by Somer's Market, 2035 Highland Avenue, was presented, The premises are now licensed. The application was ordered filed. APPLICATION FOR OFF SALE BEER & WINE LICENSE by Marthis Variety & Food Store, 24 E. 24th Street, was presented, and ordered filed. 2/3 162 CITY CLERK ALSTON stated sometime ago the Atchison, Topeka and Santa Fe Railway Company made an application to oonstruct a spur track across 15th and 16th Streets and it was approved by the Utilities Commission. Moved by Parchen, seconded by Sarn; that the application be filed. Carried, all Councilmen present voting aye. COMMUNICATION FROM CHIEF OF POLICE SMITH was read, requesting that the City Clerk be authori;ed to advertise the holding of a public auction in order to dispose of property recovered by the Police Dept. Moved by Parchen, seconded by Sarn, that the request be granted.. Carried, all Councilman present Voting aye. REQUEST FOR REFUND by Mrs Helen Brantley, in the amcunt of $500.00, was read. The money was deposited for a public auction on Lot 21, Block 118, and the property was purchased by another party. Attorney Campbell has stated Mrs. Brantley is legally entitled to the refund. Moved by Sarn, seconded by Parchen, that the refund be made. Carried, qj the following vote to -wit: Ayes: McClure, Parchen, Sarn, Hart. Nays: None. APPLICATION BY HERMAN T. PETERSEN, Pastor, First Orthodox Presbyterian Church, to move a building; was presented. The building is to be moved from north of LaJolla Junction to 16th Street west of Highland Avenue, and is to be used as Church Sanctuary; Sunday School and social rooms. COMMUNICATION FROM BUILDING INSPECTOR BIRD was read, stating he recommends the granting of this request, however he would advise as to the possibility of a performance bond or some legal media wherein, as a condition of granting said approval, we will be assured of a completion of the improvements within a reasonable length of time. VICE MAYOR HART said he thought there should be about a $20,000.00 performance bond posted that the building will be completed within a certain time limit.. REV. HERMAN T. PETERSEN, was present, and stated they had not considered an exact time limit, but he thought it could be completed within a year and would be agreeable to furnishing a performance bond. Moved by McClure, seconded by Sarn, that permission be granted to move the building under the conditions that a $20,000.00 performance bond be posted, and with a time limit of one year. Carried, all Councilmen present voting aye. APPLICATION BY L. D. WINGO to move a building, was presented. The building is to be moved from 721 "G" Avenue to 19th and Granger. Application was approved by Bldg. Inspector Bird subject to the Building Code, VICE MAYOR HART stated we should have a performance bond on all buildings that are being moved and a time limit set. Moved by McClure, seconded by Sarn, this be referred to City Manager -Rhodes, Carried; all Council- men present voting aye. COMMUNICATION FROM MARY K. BOSCO was read, regarding the speed limit on Division Street between Harbison and Palm Avenues, and asked that some action be taken to reduce the speed limit be- fore a human life is taken. Moved by Parchen, seconded by Sarn, this be referred to the City Manager for a report to the Council at the next meeting. Carried; all Councilmen present voting aye. COMMUNICATION FROM DUCOMMUN METALS & SUPPLY COMPANY was read, stating they propose to purchase from the San Diego & Arizona Eastern Railway Company all of Blocks 177, 178 and 179 lying easterly of clearance lines of the main track. Their purpose in acquiring this property is to construct offices, stockroom and warehouse for conducting a wholesaIe metals, tools and 2/3 163 industrial supplies company. In order to properly locate the buildings it is requested that 14th Street between Taft and Wilson Avenues be vacated. Moved by McClure, seconded by Sarn; this be referred to the Planning Commission for a report. Carried, all Councilmen present voting aye PETITION FROM PROPERTY OWNERS in the 2300 Block on "G" Avenue, was read, requesting that something be done to have the holes in the street filled. Moved by Parchen, seconded by Sarn, that the petition be referred to City Manager Rhodes. Carried, all Councilmen present voting aye. COMMUNICATION FROM DIVISION OF HIGHWAYS was presented. It was a form letter which shows the policy in submitting bids to the Division of Highways and will be on file in the City Clerk's Office. COMMUNICATION PROM CITY ENGINEER'S OFFICE was read, requesting that $3,204.57 be transferred from the Trust & Agency Fund to the Traffic Safety Fund. This money has been deposited in the Trust & Agency Fund for oiling of streets, etc., and the money has now been used and should be transferred to the Traffic Safety Fund. Moved by McClure, seconded by Parchen, this be referred to the' City Attorney to prepare the resolution author- izing the transfer. Carried, all Councilmen present voting aye. REPORT OP BUILDINGIDEPARTMENT for Month of January, 1953, was presented and ordered filed. RESOLUTION NO. 5863 was read, authorizing the transfer of $2,000.00 from the General Fund to the Traffic Safety Fund, as a loan. Moved by McClure, seconded by Sarn, that the Resolution be adopted. Carried, all Councilmen present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $18,604.75 Traffic Safety Fund 1,544.96 Park M & I Fund 62 53 Harbor Fund 1.25 Trust & Agency Fund 10.00 TOTAL . . . . . , . $20, 223.49 Moved by Sarn, seconded by McClure, that the bills be allowed, and warrants ordered drawn for same. Carried, by the follow- ing vote to -wit: Ayes: McClure, Parchen; Sarn, Hart, Nays: None, RESOLUTION NO. 9864 was read, rescinding Resolution No. 5838, which granted a zone variance to G. C. Trotochau on Petition No. 432. Moved by Parchen, seconded by Sarn, that the Resolution be adopted. Carried, all Councilmen present voting aye. CITY CLERK ALSTON stated sometime ago the Planning Commission approved a permit to the W. F. NelsonCompany and it is now up to the Council to authorize this permit to be issued. Moved by Parchen, seconded by Sarn, that the permit be granted. Carried, all Councilmen present voting aye. CITY CLERK ALSTON stated at the last meeting the request for refund by Charles Stein was referred to Attorney Campbell and he has made his report. Mr. Stein contends that beeguse he paid a rubbish collection charge in advance of raise in 2/3 164 prices adopted by the Council he is not now liable for the full amount of the established collection charge The rubbish Ordinance does not make any provision for advance payments to be received and thereby prevent the Council from raising or lowering the collection charges effective at date of enact- ment of the resolution as to those paying in advance. If Mr. Stein receives rubbish collection service, he must pay the price established by the City Council It is the Attorney's opinion that Mr. Stein has a legal obligation to the City for the $1.50, and it is recommended that said charge not be can- celled Moved by McClure; seconded by Parchen, that the refund be denied Carried, all Councilmen present voting aye. REPORT FROM ATTORNEY CAMPBELL regarding the request for refund by Fishong Lures, Inc., was read. The Ordinance makes no provision for refund when, through no fault of the City, a business operation is not commenced after the license is issued at request of licensee. In the instant case, permission had been granted to operate a business at the designated place from date of issuance to December 31, 1952. The issuance of the license granted licensee certain privileges for approximate- ly six months. The fact that licensee did not avail himself of such privileges is not ground for refund.. Attorney Campbell states he knows of no legal ground which would permit this re- fund, therefore, its denial is recommended. Moved by McClure, seconded by Sarn, that the refund be denied. Carried, all Councilmen present voting aye. REPORT FROM CITY ATTORNEY CAMPBRT,L stated that protests have been filed with the Public Utilities Commission regarding the applications of San Diego Transit System, California Water & Telephone Company and Pacific Telephone & Telegraph Company. REPORT FROM CITY ATTORNEY CAMPBELL asked that the request of the Chamber of Commerce for the Maytime Band Review be referred to him for preparation of the necessary contract. Moved by Parchen, seconded by McClure, that this be referred to the City Attorney. Carried, all Councilmen present voting aye. RESOLUTION NO. 5865 was read, granting a special zone variance permit to H. A. Whinery for the purpose of keeping and raising chinchillas for show purpose! only. Moved by Sarn, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding application for Conditional Exception No. 438 signed by the 12th and Highland, Inc., Mr. Woodrow Wilson, Secretary, relative to a portion of Quarter Section 132. Grantor agrees that when the grantee constructs a retaining wall on this property that said grantee may then divert the natural drainage ditch now existing over and across the remaining adjoining property of the grantor so that the North line of such relocated ditch will be coincident with the line above described. Petitioner desires to fill, grade, level and improve the property in accord- ance with the plot plan and survey heretofore submitted and in- formally approved under date of December 17, 1952, by F. A. Rhodes, City Manager. The Planning Commission recommended the petition be granted. REPORT FROM CITY ATTORNEY CAMPBELL stated that the information contained in the report from the Planning Commission does not indicate that it is a proper subject for a conditional zone variance. The report indicates that a diversion of Natural drainage is proposed. The proposed diversion may be detrimental to adjoining upper and/or lower property owners. In order to prevent a potential liability, 2/3 165 it is recommended that an Engineer's report be filed, stating whether or not any detriment would be caused to any other property owner if such diversion were made. GUY C. WILSON. representing 12th and Highland, Inc., was present and stated an Engineer's report was prepared in this connection by Mr. Phelps and it has been gone over very carefully with Mr. Rhodes. A design has been set up, and it was determined on the basis of Mr. Phelps' investigation that the maximum run- off to be anticipated in that drainage area would be accommodat- ed by a drain under Highland Avenue. Moved by McClure, seconded by Parchen, that this be held over until the next meeting, and that it be referred to the City Manager for an Engineer's report. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION stated that the term of Chairman E. J.Christman and Commissioner George James expired January 21, 1953. Both members have agreed to serve another four year term. Moved by Parchen, seconded by McClure, this be held over until the next meeting. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION regarding the Tentative Master Street Plan Map, was read. It was the recommendation of the Planning Commission the Map be accepted, pending approval of the City Engineer, No action was taken on the acceptance of the Map. JOHN KIRKPATRICK, 38 N. "U" Avenue, was present, and stated he understood that at the last meeting the Council asked that Mr. Rhodes check into the matter of a request for street lights in National Vista No. 2. CITY MANAGER RHODES stated he wrote to the San Diego Gas & Electric Company to get the layout that would be the cheapest for the installation, and to date has not received an answer. BERNARD BANKE, 555 E. 1st Street, was present, and stated that several weeks ago the Council instructed the City Manager to answer a letter that was written by the National City -Chula Vista Realty, and asked if the letter had been written. CITY MANAGER RHODES stated it has not, and cannot be until the Manager knows the answers to the questions, and as yet he does not know them. COUNCILMAN McCLURE stated he thought there should be some meetings with the Council and the Planning Commiss- ion and interested citizens to determine some of the answers to that particular communication. VICE MAYOR HART was in accord with Councilman McClure's suggestion. COUNCILMAN McCLURE said he would like to suggest that the City Manager be requested to arrange a meeting with the Counciland the Planning Commission. VICE MAYOR HART said he would suggest a Tuesday night when there is no Council meeting, and set February 24th as a tent- ative date. JOHN CURRY was present, and stated that after listening to the complaints regarding traffic problems that perhaps the Council will agree that it is the time for a major survey of the traffic problems. It might also be a good idea to put on some kind of a drive to raise funds for the proposed skating rink. VICE MAYOR HART said he would like to appeal to the people to contribute anything they can and send it to the National City News for the National City Skating Rink. COUNCILMAN McCLURE stated there were questions asked at the last Council meeting as do the proposed location and the approximate plan, VICE MAYOR HART said the location is up to the Council. It is supposed to be in the Park, and we are figuring on about a 80' x 120' cement strip, well lighted, and could be used for other purposes 2/3 166 than the skating rink. COUNCILMAN McCLURE stated if the plans have not been completed he would like to offer to help with the drafting. VICE MAYOR HART said they would get together and work this out, Moved by Parchen, seconded by Sarn, that the meeting be closed. Carried, all Councilmen present voting aye. ATTEST: VICE MAYOR, -CITY OF NATIONAL CITY, CALIFORNIA Ccam- - ITY CLERK 2/3