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HomeMy WebLinkAbout1953 05-05 CC MIN220 National City, California, May 5, 1953 Regular meeting of the City Council was called to order by Mayor Carrigan at 7:30 P M, o'clock Councilmen present: Hart, Parchen, Sarn, Carrigan Councilmen absent: McClure Moved by Hart, seconded by Sarn, that the reading of the minutes of the regular meeting of April 21, 1953, be dispensed with, Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICIALS present: Alston, Campbell, Rhodes, Gautereaux. MAYOR CARRIGAN stated we have with us students from Sweetwater High School who are taking the place of the Council, Mayor, and City Manager, and introduced Janice Lensing, taking the place of Councilman Hart, Jim Boston, taking the place of Mayor, Jack McCauley, acting as City Manager, Sam Galloway, acting as Councilman. CHARLES CAMPBELL, 337 E 2nd Street, was present and stated that several times he has approached the Council regarding the possibility and feasibility of boulevard stops on "D: Avenue on the east -west side from First Street through Eighth Street. MAYOR CARRIOAN stated it is the recommendation of the Traffic Safety Committee that these stops be placed, and it will pro- bably come up later in the meeting. MAYOR CARRIGAN appointed Councilman Parchen to act on the Finance Committee pro-tem in the absence of Councilman McClure ATTORNEY CAMPBELL stated the San Diego Transit System addressed a letter to Mr. Harris, Chairman of the Traffic Safety Committee, recommending 51 different bus stops, which was the outcome of the meeting with the Transit Company. Mr Harris has requested that these curbs be painted or repaired to enable the San Diego Transit System to safely locate their bus stops, and has named the locations as setforth in the San Diego Transit System's letter COUNCILMAN HART questioned the advisability of placing the bus stop at 8th and Highland, as recommended by the Transit System, and suggested this be given a little more study. J. D. MANN, 130 E. 28th Street, was present and stated he wondered why we permit busses to stop and park immediately in front of the pedestrian zone instead of parking further up the street. MAYOR CARRIGAN stated the purpose of the proposed bus stops is to have the busses stop and park on the far side of the street. Moved by Parchen, seconded by Hart, that the bus stop locations, with the exception of the one at 8th and Highland, No. 48 on the recommendation,be approved Carried, all Councilmen present voting aye. MAYOR CARRIGAN asked that the Council get together and decide about the best location for the stop at 8th and Highland. COMMUNICATION FROM CITY MANAGER RHODES was read, regarding a street light at the corner of Paradise Drive and 12th Street It is the Manager's recommendation that he be authorized to have a light placed at the above location Moved by Parchen, seconded by Hart, that the Manager be so authorized. Carried, all Councilmen present voting aye.. APPLICATION TO MOVE A BUILDING by Cleo S. Pearson, was present- ed. The building is located at 1943 Pacific Highway, San Diego and is to be moved to 910 Harding Avenue, for use as a dwelling. 5/5 221 The application was approved by Bldg. Insp. Bird subject to the Bldg. Code and 90 day time limit. Moved by Hart, seconded by Parchen, that permission be granted to move the building with the filing of a bond in the amount of $500.00 and 90 day time limit, Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated that the Insurance Carrier, to whom the claim of Celma Coons was referred have recommended it be denied, RESOLUTION NO. 5928 was read, denying the claim of Celma Coons Moved by Hart, seconded by Sarn, that the Resolution be adopted Carried, all Councilmen present voting aye, ATTORNEY CAMPBELL stated that a claim in the amount of $275.00 which was filed by Donna J. Reithmayer was referred to the Insurance Carrier, and they have recommended denial, RESOLUTION NO. 5929 was read, denying the claim of Donna J. Reithmayer, Moved by Hart, seconded by Sarn, that the Resolut- ion be adopted. Carried, all Councilmen present voting aye. CITY CLERK ALSTON stated in December the City issued a warrant in the amount of $2.62 to the Coast Industrial Launderers They have never received the check and it has not been returned to the City They have signed an affidavit before a notary stating they have never received this check, and Mrs. Alston said she would like authorization to have the original check cancelled, payment stopped; and issue a new check Moved by Hart, seconded by Parchen, that the City Clerk be authorized to issue a new check, ATTORNEY CAMPBELL suggested that when the new check is issued that the applicant make a new claim form and setforth these facts, that it is a replacement of a check that has been lost or that they cannot find. Carried, all Councilmen present voting aye. RESIGNATION OF THE CIVIL SERVICE COMMISSION was read; to become effective not later than June 30, 1953 Their letter stated that inasmuch as they apparently have a different philosophy of what constitutes Civil Service, it being the considered opinion of the Commission that the Civil Service Commission should have the final disposition of any appeal; and they have been unable to reconcile their views over a period of two years negotiation, the present members of the Civil Service Commission are not willing to serve further under the existing ordinance. Moved by Parchen, seconded by Hart,that the resig- nation be accepted. COUNCILMAN HART said a letter of thanks should be written as they have served very faithfully and have done a good job, MAYOR CARRIGAN said there was no doubt about it but what the Commission had done a good job. Carried, all Councilmen present voting aye. CERTIFICATE OF INSURANCE for public liability of Moss Excavators, who are doing excavation for Mr. Eggers at 2nd & Laurel Streets, was presented, ATTORNEY CAMPBELL approved the certificate as to form. CITY CLERK ALSTON stated that to date there has been no faithful performance bond posted by Mr, Eggers. Moved by Parchen, seconded by Hart, that the certificate be accepted, and that the City Manager notify Mr. Eggers immediately to proceed with the filing of the faithful performance bond. Carried, all Councilmen present voting aye. RESOLUTION NO. 5930 was read, authorizing the transfer of $460,00 from the Trust & Agency Fund to the Special Delinquent Fund, and from Trust & Agency Fund to General Fund, $5 00. Moved by Hart, seconded by Parchen, that the Resolution be 5/5 222 adopted. Carried, all Councilmen present voting aye. REPORT OF THE BUILDING DEPARTMENT for April, 1953, was presented. Moved by Parchen, seconded by Hart, that the report be filed. Carried, all Councilmen present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $12,338.79 Traffic Safety Fund 694.83 Retirement Fund 2,503.22 Harbor Fund 30.85 Trust & Ilgency Fund 516.73 Payroll Fund 17,649.66 TOTAL . . . . . . . $33,734.08 Moved by Hart, seconded by Sarn, that the bills be allowed, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Hart, Parchen, Sarn, Carrigan. Nays: None. RESOLUTION NO. 5931 was read, authorizing the following ex- penditures be paid out of the Capital Outlay Fund: Robert A. Bradt, $1,500.00, for fire station plans; Rodney A. Stokes, $100.00, fire station appraisal; Trott & Kingaard, $5,316.31, sewer pumping plant. Moved by Sarn, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5932 was read, accepting the preliminary plans for the library building and the working drawings for the fire station: Moved by Hart, seconded by Parchen, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated at the last meeting an indemnity insurance policy was referred to him, and it was his under- standing that the Council had agreed, by motion, that all policies of insurance were to be written by the Insurance Association, and asked whether or not the policy he had should be referred back to the Association. MAYOR CARRIGAN asked if the Council wished to continue with the Association or pick individuals. Moved by Hart, seconded by Parchen, that we continue to give the insurance to the Association. JOHN TKIRKPATRICK, 38 N. "U" Avenue, was present and stated he is President of the National City Insurance Association, and that some of the money derived from the insurance commission is used for Fire Prevention Week, safety programs and things of that nature, for the benefit of all agents and the City. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated there is an invitation for a bid on the 0livewood Housing trash and garbage collection and suggest- ed it be referred to Mr. Rhodes to enter into negotiations or to submit the bid and he canreport back at the next meeting and at that time the Council can authorize the signing. Moved by Parchen, seconded by Hart, that it be referred to City Manager Rhodes. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated at the last meeting the Chamber of Commerce wished to know if a fee could be waived under the Building Code. It could not, and Attorney Campbell so in- formed Bldg. Insp. Bird, who no doubt collected the fee. 5/5 223 ATTORNEY CAMPBELL reported that the County of San Diego has sent out a Health Contract. If the Council wishes it can be authorized at this time. RESOLUTION NO. 5933 was read, approving a certain agreement between the County of San Diego and the City of National City, Maurice Carrigan, Mayor, is hereby authorized and directed to execute the same for and upon behalf of said City. Moved by Parchen, seconded by Sarn, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated that the last protest that was placed on the liquor license for 520 Highland Avenue has been accepted. There will be a hearing, but the date has not been set. ATTORNEY CAMPBELL stated Chief Smith and City Manager Rhodes would like authorization to purchase one police car which would be used primarily by the Chief. Fuller Motors have submitted the lowest price. RESOLUTION NO. 5934 was read, accepting the bid of Fuller Motors for the purchase of one police car. F. A. Rhodes, City Manager, is hereby authorized and directed to purchase said police car on behalf of the City, Moved by Hart, seconded by Parchen, that the Resolution be adopted, Carried, all Councilmen present voting aye. Arf RESOLUTION NO. 5935 was read, extending the time in which to comply with Rule 12.1 of Civil Service Rules, which rule requires certain City employees to reside within said City, to May 1, 1954. Moved by Sarn, seconded by Hart, that the Resolut- ion be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL reported that the Public Utilities Commission has lifted the rule that has been in existence since Sept, 14, 1921, which prohibited service of water on tracts over one half acre for agricultural purposes. RESOLUTION NO. 5936 was read, approving an agreement dated May 5, 1953, between J. K. Venard and the City. Maurice Carrigan, Mayor, is hereby authorized and directed to execute same on behalf of the City. Moved by Parchen, seconded by Sarn, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5937 was read, establishing the rate of Crossing Quard heretofore setforth in Schedule A of Resolution 5736, as Rate 10, $200-244., effective May 1, 1953, Moved by Parchen, seconded by Sarn, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated the County Beverage Company sent a letter asking the Council to alter their license provision for machines that are coin operated. We now have a license that provides for the operation of 10 machines, and in their case it would cost them $50.00, however that is the minimum. At the time the Council again considers a Business License Ordinance this letter may be presented. MAYOR CARRIGAN ordered the communication filed. ATTORNEY CAMPBELL stated that in conjunction with the ealth Contract, if we are going to utilize the service of th County we must have our ordinances comply with the terms of their ordinances. It would require the change in one ordinance and a few sections in another. 5/5 224 ORDINANCE NO. an ordinance regulating refrigeration plants, was presented for the first reading, Moved by Hart, seconded by Sarn, that only the heading be read, Carried, by the following vote to -wit: Ayes: Hart, Parchen, Sarn: Carrigan Nays: None. ORDINANCE NO. , "AN ORDINANCE REGULATING AND IMPOSING A PERMIT FEE UPON REFRIGERAT/ON PLANTS, AND REPEALING ORDINANCE NO. 814," Moved by Hart, seconded by Sarn, that the Ordinance be laid over until the next meeting for the second and final reading. Carried, by the following vote to -wit: Ayes: Hart, Parchen, Sarn, Carrigan: Nays: None, ORDINANCE NO. , an ordinance amending Ordinance No. 707, was presented for the first reading. Moved by Hart, seconded by Sarn, that only the heading be read. Carried; by the follow- ing vote to -wit: Ayes: Hart, Parchen, Sarn, Carrigan, Nays: None, ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE NO. 707 OF SAID CITY BY AMENDING SECTIONS 5 AND 38 OF SAID ORDINANCE, AND BY ADDING THERETO SECTIONS NUMBERED 30.1 AND 31,1 OF SAID ORDINANCE." Moved by Parchen, seconded by Sarn, that the Ordinance be laid over until the next meeting for the second and final reading. Carried, by the following vote to -wit: Ayes: Hart, Parchen, Sarn, Carrigan. Mays: None. MAYOR CARRIGAN asked the City Manager to see if there is not some manner in which we can put a slight dip or something in the road on "A" Avenue in the Park. The water runs down National Avenue and goes across "A" Avenue, making quite a mud hole CITY MANAGER RHODES said this is being considered. COMMUNICATION FROM CITY MANAGER RHODES was read, regarding a letter from Senator Fred Kraft concerning Senate Bill 1461, granting to the City of National City additional tidelands between the bulkhead and pierhead line Senator Kraft has been requested to introduce this bill and get it through the legislature. His letter shows that it has been passed by the Senate with unanimous approval. It was the Manager's recommend- ation that the Council express their appreciation for this prompt response to the City's request. Moved by Parchen, second- ed by Hart, that City Manager Rhodes express the City's appreciation. Carried, all Councilmen present voting aye APPLICATION FOR CONDITIONAL EXCEPTION NO. 450, signed by Dolores R. Day, relative to property at the Southwest corner of 7th St, and "Q" Ave., was presented, Petitioner desires variance in the set back from 45 feet to 20 feet. It was the recommendation of the Planning Commission that the application be granted: RESOLUTION NO. 5938 was read, granting a special zone variance permit to Dolores R.. Day, for the purpose of using the following described property with a 20 foot set back in the front property line on "Q" Ave.: N 130' SW4 SW4 of Quarter Section 130, Rancho de la Nacion, excepting the W 250' and the N 30'., being the Southwest corner of 7th St. and "Q" Ave. Moved by Hart, seconded by Sarn, that the Resolution be adopted. Carried, all Councilmen present voting aye. APPLICATION FOR CONDITIONAL EXCEPTION NO. 453, signed by James H. Rusk, Supt., National School District, relative to the east side of "M" Avenue between 14th and 16th Street, was presented - Petitioner desires usage in an R-1-A zone to construct elementary school administrative facilities. The Planning Commission thought 5/5 225 that there should be provision so that any buildings on there would be arranged near the center of the lot, thus allowing a set back for possible future development of "N" Avenue, The Commission, with the condition that all buildings be set back in accordance to the zoning law on "N" Avenue for potential opening, recommended the request be granted. RESOLUTION NO. 5939 was read, granting a special zone variance permit to the National School District to construct elementary school administrative facilities on property described as: EZ SWi of 40 Acre Lot 2, Quarter Section 132, Rancho de la Nation, being the east side of "M" Avenua between 14th and 16th Street Said permit is granted upon the conditions and recommend- ations of the City Planning Commission, and upon the express condition that any building constructed thereon shall be set back on each side of "N" Avenue if they were projected to said property, in accordance with the zoning regulations. JAMES RUSK was present and asked if there was a possibility that the set back could be cut to 15 feet. ATTORNEY CAMPBELL stated the Council can grant any set back they wish MAYOR CARRIGAN asked if 20 foot set back would harm them. MR. RUSK said 20 fett would be satisfactory, but 15 feet would be better. Moved by Hart, seconded by Sarn, that the Resolution be adopted, setting forth a 20 foot set back. Carried, all Councilmen present voting aye RESOLUTION NO. 5940 was read, granting a special zone variance permit to the owners of Shirley Manor Subdivision for R-1 usage on the following described property: Lots 1 and 2, B. F. Pritchard's Paradise Villa Addition to National City, Moved by Hart, seconded by Parchen, that the Resolution be adopted. Carried, all Councilmen present voting aye. APPLICATION FOR CONDITIONAL EXCEPTION NO. 455, signed by Alexander Kreiglowa, was presented, Petitioner desired C-3 usage in an R-1 zone. The Planning Commission recommended this request be denied. ATTORNEY CAMPBELL stated Mr. Kreiglowa withdrew his request, so no action is necessary unless an appeal is filed. ATTORNEY CAMPBELL stated that the Telephone Company wishes to use an additional 1,000 feet on property referred to as the Wingo property. A zone variance was granted previously permitting them to construct a 4,000 foot building, Moved by Parchen, seconded by Hart, that the Planning Commission be directed to initiate proceedings to hold a hearing to see if it is feasible to grant them a zone variance for the additional 1,000 feet. MAYOR CARRIGAN stated that Mr. Watson of the Telephone Company informed him that when they asked for the variance for a 4,000 foot building it was in error, as the plans called for 5,000 feet, Carried, all Councilmen present voting aye. REPORT OF THE TRAFFIC SAFETY COMMITTEE was read,recommending that "D" Avenue be a boulevard all the way from Division to 8th Street, and that 4th Street should be left as it is. Also that a atop be put up going north on "D" at Division, and that warning signs be posted for the dips. Moved by Parchen, seconded by Hart, that the recommendations be approved. Carried, all Councilmen present voting aye, CITY CLERK ALSTON stated the City has fire insurance policies in the amount of $44,000.00 which will expire June 1, 1953, and the Insurance Agents Association has submitted a policy in that amount of coverage for five year from June 1, 1953 to June 1, 1958, and asked that it be approved by the Attorney, 5/5 226 ATTORNEY CAMPBELL approved the policy as to form. CITY MANAGER RHODES stated he is having the buildings appraised to find out how much they should be insured for before we go ahead with accepting the policy, COMMUNICATION FROM INSURANCE AGENTS ASSOCIATION was read, stating that the primium is based on the old fire rate. They have asked that a new survey be made in order to establish a better rate for this coverage. MAYOR CARRIGAN requested the policy be held over pending the result of the survey. COMMUNICATION FROM THE PLANNING COMMISSION was read, regarding the Council's action of April 7, 1953, pertaining to the San Diego County Planning Congress. The Planning Commission stated they wished to call attention to some of the activities of the Congress. They are contemplating an extensive research on the sewer, subdivision and zoning problems of the County in an effort to establish community master plans and zoning ordinances. This research will require the services of more than one re- presentative. It was also felt that the open meetings of the San Diego County Planning Congress would be of grave importance to the local members in completing a sound program to create conditions which will protect the public health, safety and general welfare of the County as a whole. The Planning Commission asks that the Council reconsider their motion as of April 7, 1953 and include the expenses of all commissioners or staff who attend any authorized meeting of the Congress on City business. MAYOR CARRIGAN said he did not believe the Council has any object- ion to paying the expenses of the Commissioners who attend any meeting, but he cannot understand why the entire Commission would want to go. {t was the thinking of the Council on the matter that if there was one regular representative and one alternate that their expenses would be paid, but it was not considered that the entire Commission would be attending these meetings CHARLES CAMPBELL, member of the Planning Commission, was present and stated that he thought it was the feeling of the Commission that the Council was to allow for one meal for one member; but since the County Planning Congress is now composed of three very distinct committees which meet on separate occasions and at different places that it would necessitate an allowance for more than one member. MAYOR CARRIGAN declared a recess. The meeting was called to order by Mayor Carrigan. Councilmen present: Hart; Parchen, Sarn, Carrigan. Councilmen absent: McClure. MAYOR CARRIGAN requested that the communication from the Planning Commission regarding the Planning Congress be held over in order that he, and any other member of the Council who wish, can attend the next meeting of the Planning Commission and attempt to get this matter straightened out. RESOLUTION NO, 5941 was read, creating the following boulevard stops: "D" Avenue; stopping all traffic entering "D" Avenue from Division Street to 8th Street, exclusive of Division and 8th; on "D" and Division to stop north bund traffic. Moved by Hart; seconded by Parchen, that the Rebolution be adopted. Carried, all Councilmen present voting aye, COMMUNICATION FROM FRANK HYNUM was read, regarding the proposed closing of the City dump. The closing of the dump constitutes a breach by the Council of the contract entered into on the 30th day of June, 1952, and that the City will be liable to Mr Hynum for all damages sustained by him as a result of such 5/5 227 closing. The closing of the dump will require him to employ another truck full time and the expense of the truck and crew, together with other expenses incident to the maintenance of this equipment, will amount to between $1,000.00 and $1,100.00 per month. This letter will serve as a formal demand upon the Council to rescind their action in discontinuing the dump, and to permit Mr. Hynum to continue to use it for the balance of the contract period, and as a formal notice that in the event he is not permitted so to continue to use the dump, the City shall be held responsible for all damages sustained by him including, but not necessarily limited to, the expenses herein specifically set forth. In the event the previous action is not rescinded, arrangements must be made for an additional truck at an approximate cost of $5,800.00, for which the City will be held liable, ATTORNEY CAMPBELL stated it would be well to determine before anything formal is done, whether there might possibly be a breach of contract, and if so what the liability would be. The main thing that was brought before the Council is whether or not the dump is a health menace. That must be determined, and if it is a health menace it must be closed. At the present time the Council has not closed the dump nor have they said they were going to on any particular date, and Mr. Hynum should be so informed of the Council's action. MAYOR CARRIGAN stated the original motion stated that the City Attorney and City Manager should get together with Mr, Hynum in regard to this matter; and that the motion still holds good. ATTORNEY CAMPBELL suggested that Mr. Hynum be informed of the Council's action, that there was no closing by the Council, MAYOR CARRIGAN requested City Manager Rhodes to notify Mr. Hynum of the Council's action and get together with him to work out the situation. The High School students expressed their appreciation and thanks for being allowed to be a part of the "City'for one day and stated thy had gained a great deal of first hand information. JAMES RUSK expressed the appreciation of the schools for which temporary sidewalks have been provided by the City COUNCILMAN SARN asked what the City's stand is regarding rent decontrol. ATTORNEY CAMPBELL stated the effect is that any house constructed after February, 1947 is not subject to the rental provision, anything constructed prior to that date is. If the City of National City desires to eliminate all rent controls they would have to set a hearing for that purpose, and after the hearing they could then determine whether or not they would want to terminate all controls, Controls at the present time are going to end July 30th if no action is taken. COUNCILMAN PARCHEN said he would like to have the matter of the proposed east -west truer route referred to the Traffic Safety Committee. MAYOR CARRIGAN requested that City Manager Rhodes send the Traffic Safety Committee a letter asking that they consider an east -west truck route. MAYOR CARRIGAN thanked attend the meeting and in the near future. Moved by Sarn, seconded Carried, all Councilmen ATTEST : CITY CLERK the students for taking their time to hoped that they would come back sometime by Parchen, that the meeting be closed, present voting aye, MAYOR, ,' tTY OF NA' 'IOWAL ITY/> A IFORNIA 5/5 We the duly elected and qualified Councilmen of the City of National City, California, do hereby consent to the holding of a special Council meeting on May 7, 1953, at the hour of 5:00 P. M. at the City Ha1, National City, California, for the purpose of: A ing on a zone variance for the Highland Shopping Center. Dated this 7th day of May, 1953. /r1 MArR COUNCILMAN hLr' Ceti COUNCILMA COUNCILMA ,/00UNC IL & Dr