HomeMy WebLinkAbout1952 05-06 CC MIN• 515
National City, California, May 6, 1952.
Regular meeting of the City Council was called to order by
Mayor Maurice Carrigan at 7:30 P.M. o'clock. Councilmen
present: Clarke, Hart, Ingalls, McClure, Carrigan. Council-
men absent: None.
Moved by Hart, seconded by Ingalls, that the reading of the
minutes of the regular meeting of April 15, 1052 be dispensed
with: Carried, all Councilmen, present votins aye.
ADMINISTRATIVE OFFICIALS present: Alston, Campbell, Rhodes,
Gautereaux.
HANS HANSEN, 229 National Avenue, was present and voiced a
complaint;regarding the manner in which the Maytime Band
Review was conducted. He felt that it was detrimental to
some of 'the business people to have the grandstands in front of
their places of business. The Chamber of Commerce did not
contact him and ask for permission to put up the stand in
front of his business. =OR CARRIGAN stated it was the
Council's understanding that the Member of -Commerce had per-
mission from all the business houses where they erected the
stands.
FRINK AGLIANO, 1851 S. 43rd Street, San Diego, was present
and read a communication which he presented to the Coun,:il,
stating he had requested the San Diego County Rood Dept. to
repair the damage done by the rain to that portion of his
driveway on which an easement was granted at tre :quest rF
the Road Department. In response to this reque.,t he we;: in-
formed that it is no longer their responsibility as that
portion has been annexed to National City. Former City Manar.r
Seifert, the Street Dept. and City Attorney have been
contacted but no action taken. MAYOR CARRIGAN requested this,
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be referred to City Manager Rhodes for checking.
MRS. S. J. KODISH, 2107 tt„a Avenue, was present in regard to
the zone variance permit granted for the operation of a day
school operated by the Episconal Church. She requested that
this matter be seriously reconsidered since the property
referred to is still for sale to anyone. MAYOR CARRIGAN
stated the variance was granted specifically for the operation
of the school. ATTMDEY CAMPEELL stated the variance was
granted for the school use and it cannot be e::tended.
C. J. ANDERSON, 920 lE° Avenue, was present and presented a
communication which requested that a sewer line be extended
southward from 9th and arvi77 from the sewer main. MAYOR
CARRIGAN requested the letter be referred to the City Manager
for a report.
C. M. ELAM, 1536 'G° Avenuc, was present and presented a
petition for the resurfacing of an alley.
MAX M. WILLIAMS, 2700 E. 4th Street, stated it is his under-
standing that the City is not going to pave their half of
4th Street. CITY MANAGER RHODES stated the City is going to
oil the street.
COMMUNICATION PROII CHIEF OF POLICE SMITH was read, regarding
the placing of 'Trio right turn signals be made against t:,e
red signal at 8th and Highland Avenue. It was recommended
by the Traffic Commission and the Chief of Police chat the
signs be posted as requested by the Central Scb.. 1 ;' T
Moved by Hart, seconded by Ingalls, this be r.:i o rca cci c'ir
City Attorney to prepare the necessary resolution. CQr:,ied
all Councilmen present voting aye.
ORDINPNCE N0.
amending Ordinance No. 750 was presented
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for the second and final reading. Moved by McClure, seconded
by Ingalls, that only the heading be read. Carried, by the
following vote to -wit: Ayes: Clarke, Hart, Ingalls, McClure,
Carrigan. Nays: None.
ORDINANCE NO. 833, nMT O'_',DINANCE OF TH7 CITY OF NATIONAL CITY,
CALIFORNIA, AMENDIFG ORDII NCE NO. 750 OF SAID CITY BY ADDING
THERETO SECTION 4.3n. Moved by Hart, seconded by McClure,
that the Ordinance be adopted. Carried, all Councilmen present
voting aye.
COMMUNICATION FROM CHIEF OF POLICE SMITH in regard to waiver
of business license as requested by the Goodwill Industries,
was read. It was recommended that insofar as the waiver of
the license is concerned it be referred to the City Attorney.
Moved by Clarke, seconded by Ingalls, 'this be referred to
Attorney Campbell. Carried, ell Councilmen present voting aye.
APPLICATION for beverage license for on sale beer by American
Legion Post No. 255, 35 East 18th Street, was presented.
REPORT FROM CHIEF OF POLIO SMITH regarding the application
stated that it is the understanding the license is requested
for club activities, which for the most part 'gill be during
the evenings, and records indicate the club has not been a
scored of trouble cr annoyance to the department. MAYOR
CARRIGAN ordered the communication and application filed.
BERNARD BANKE was present and stated sometime ago he made a
request that the City hold a public auction on Lots 13 to 20
in Block 46 end deposited $1,600.00 with the City as the
opening bid for these lots. CITY MANAGER RHODTES stated he
would like to get the lend appraised. MR. BANE said Mr.
Seifert had an appraisal made and it was from $1,600.00 to
$1,800.00. COUNCILMAN INGcALLS said he would like to have the
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City Manager list our properties, also make recommendations
as to which should be sold, and that the property Mr. Banke
has requested be given priority. MAYOR CARRIGAN referred
this to City Manager Rhodes, as requested by Councilman
Ingalls.
COMMUNICATION FROii DIVISIOF OF HIGHWAYS was read, asking the
City to sign a Quitclaim Deed to their interest in the East 75
feet of Lot 22 in block 209. This property lies within the
right of way of the existing freeway through National City.
MAYOR CARRIGAN referred the request to the City Attorney for
his recommendation.
APPLICATION TO MOTM: A BUILDING by George C. Vanderburg,
Lucas and Maria D. Marin, was presented. The present location
of the building is 815 Roosevelt Avenue and is to be moved to
17th and McKinley, to be used as a rental unit. Application
was approved by BUILDING INSPECTOR BIRD. Moved by McClure,
seconded by Hart, that permission be granted to move the
building and that it be completed within 60 days. Carried,
all Councilmen present voting aye.
CITY TREASURER'S REPORT for March 1952, was presented. Moved
by Hart, seconded by Ingalls, that the report be accepted.
Carried, all Councilmen present voting aye.
COMMUNICATION FROM RODNEY SMITH in regard to a political rally
on Monday,,May 12, at 8:00 P.M. in the Community Building, was
read. Each of the six candidates of the 28th Congressional
District will speak. MAYOR CARRIGAN ordered the communication
filed.
COMMUNICATION FROii BUILDING INSPECTOR BIRD approving a refund
of 0.00 to the National LuMber Company on duplicate sewer
permits, was reed. CITY TREASURER HOLGATE stated she has the
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two receipts for the permit. Moved by Ingalls, seconded by
McClure, that the refund be granted. carried, by the follow-
ing vote to -wit: Ayes: Clarke, Hart, Ingalls, McClure,
Carrigan. Nays: None.
COMFUNICATION FROM CITY MANAGER RHODES relative to use of
the Memorial Bowl July 3rd and 4th by the Lions Club, was
read. It is Mr. Rhodes' recommendation that they be given
the use of the Boll by paying the customary charges, whidh
in this case would be 530.00 a day, or $60.00 for the two days.
After a lengthy discussion it was moved by Hcrt, seconded by
Ingalls, that the request of the Lions Club for use of the
Bowl on July 3rd and 4th, without any charge, be granted. In
the meantime a directive be issued to the City Manager to drew
up a schedule of charges for the use of the Bowl with the
exclusion of school activities using the Bowl. Carried, by
the following vote to -wit: Ayes: Clarke, Hart, Ingalls,
McClure, Carrigan. Nays: None.
i
COMMUNICATION FROM CITY MANAGER RHODES was read, in regard to
salaries of the Uniform Sergeants. City Manager Seifert on
October 2, 1951 recommended a pay increase of $5.00 a month
for the Uniform Sergeants in order to make their salaries
equal to the salaries of the Detectives and Motor patrolmen.
The Civil Service Commission recommended that this salary
increase be retroactive to October 2, 1951. Such action would
be illegal. It is recommended that the increase become effect-
ive May 1, 1952. Moved by Hart, seconded by Ingalls, that the
recommendation of the City Manager be accepted, and that is
be referred to the City Attorney for the Droner resolution.
Carried, all Councilmen present voting aye.
LATTER OF THANKS from Edward C. Erny, Minister First Metnodi,c
Church, for use of the Memorial Bowl on Easter Sunday, was
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read and ordered filed.
COMMUNICATION FROM ELBO .CST in regard to license fee on
amusement machines, was read. MAYOR CARRIGAN requested this
be referred to City Mana_,or Rhodes for checking to see how
it compares with the fees charged by other cities.
COMMUNICATION FROM SCIOTSrequesting waiver on business
license for their Carnival to be held on June 6th and 7th,
for the benefit of the Crippled Children and other worth-
while local charities, was read. ATTORY Y C__IPETLL stated
the ordinance provides that you can waive fo„s under those
conditions. Moved by Ingalls, seconded by CL'rke, that the
request be granted. Carried, all Councilmen present voting
eye.
COMMUNICATION FROM CASA Ds SALUD was read, stating the Board
of Directors on April 28th took action recommending that the
City Council act favorably on the budget item proposed by Mr.
Geutereaux regarding girls' gym equipment to be used at the
Casa de Selud. MAYO7 CA::IGAN requested this be held over
pending review at budget time.
COMMUNICATION FROM CITY MAilGER RHODES in regard to Detective
Sergeants, was read. The Civil Service Commission recommended
that the Council rescind its action taken on February 5, 1952
wherein it designated Detectives Mounteer and Cagle as
Detective sergeants. It is recommended that the Council
adopt a resolution in accordance
COU"CILMAN INGALLS stated it hes
and the Civil Service Commission
with the Commission's request.
been
were
ruled that the Coun^Li
in error in making .i'ose
promotions because of the ineligibility of one man and the
lack of an eligibility list for both of them, so there 1
apparently only one thing to do, and that is to rescind tl'e
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motion in that the 90 day temporary time limit expires today
or tomorrow.
RESOLUTION NO. 5689 was read, rescinding Resolution No. 5641
as of the date of its passage, and that the persons then
serving es Police -Detectives ware then and have been at all
times since, and now ere serving as Police -Detectives, end
that the position of Detective -Sergeant is hereby abolished.
Moved by Clarke, seconded by Ingalls, that the Resolution be
adopted. Carried, by the following vote to -wit: Ayes:
Clarke, Hart, Ingalls, Carrigan. Nays: None. McClure
abstaining.
RESOLUTION HO. 5690 was read, authorizing the distribution
of $23,200.68 from the Unapportioned Tax Fund as follows:
General Fund, $9,842.72; Library Fund, $3,16:).73; Park M & I
Fund, $3,515.25; Retirement Fund, $5,905.62; Sinking Fund #6,
$$773.36. Moved by Clarke, seconded by Hart, that the Resolut-
ion be adopted. Carried, all Councilmen present voting aye.
RESOLUTION NO. 5691 was read, authorizing the following trans-
fers from the General Fund: Lighting District #1, $285.05;
Special Street Gas Tax Improvement Fund, $864.80, and as a
loan from the General Fund to the Traffic Safety Fund, $723.54.
Moved by Ingalls, seconded by Clarke, that the Resolution be
adopted. Carried, all Councilmen present voting aye.
RESOLUTION NO. 5692 was read, authorizing the payment of
$2,092.97 to Walter H. Barber as compensation in full for
services rendered and material supplied upon dondition of
contract entered into pursuant to authority wanted t;'
Resolution No. 5634, and that it be cancelled and all ri•<I;;s
thereunder be terminated. Moved by Clarke, seconded :n ,, :2_.I;•e,
that the Resolution be adopted. Carried, all Councilma.i
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BILLS AUDITED by the Finance Committee presented:
General Fund $9,059.31
Traffic Safoty Fund 2,257.49
Library Fund 30.12
Park Fund 387.80
Retirement Fund 2,373.21
Harbor Fund 1.22
Max Thelen Fund .30
Payroll Fund 33,671.52
TOTAL $47,780.97
Moved by Ingalls, seconded by Hart, that the bills be allowed
and warrants ordered drawn for same. Carried, by the follow-
ing vote to -wit: Ayes: Clarke, Hart, Ingalls, McClure,
Carrigan. Nays: none.
CITY CLERK ALSTON stated there is to be a Mayors' and Council-
men's Institute in Fresno, June 12th and 13th and the League
of California Cities wish to know how many from our City plan
to attend. 'i'e also have an invitation from the Mayor of Fresno
inviting the Councilmen and Mayor to attend this Institute.
IuAYOR CARRIGAN stated if any of the Council wish to attend
to contact the City Clerk and make reservations. CITY CLERK
ALSTON asked if the City would pay the expenses. After some
discussion, MAYOR CAR.RIGANI stated it will be assumed if any-
one of the Council wish to go, their expenses will be paid.
COMMUNICATION FROM CHIEF OF POLICE SMITH requesting permission
to attend the re-training session at Lake Arrowhead from
May 21st to May 24th inclusive, was read. It was also re-
quested that the City pay for the necessary expenses involved.
The program is being conducted under the auspices of the
F. B. I. National Academy Associates, California Chapter.
Request was approved by City Manager Rhodes. Moved by Ha_•I,
seconded by Ingalls, that the request be granted.
all Councilmen present voting aye.
RESOLUTION NO. 5693 was read, approving that certain ec cily_41s
between the San Diego Gas & Electric Company and the City cf
523
National City. Maurice Carrigan, Mayor of the City of National
City, is, and he is hereby authorized and directed to execute
the same for and upon behalf of said City. Moved by Hart,
seconded by McClure, that the Resolution be adopted. Carried,
all Councilmen present voting aye.
ATTORNEY CAMPBELL requestod that the Enterprise Construction
Co. hearing be continued until June 10, 1952. MAYOR CARRIGAN
ordered the hearing continued until June 10, 1952.
ATTORNEY OAM°BELL reported that the hearing by the Telephone
Company pertaining to directory advertising rates is set for
May 14 in Los Angeles, and May 9 in San Francisco. It is the
Attorney's recommendation that we merely filo the notice.
MAYOR CARRIGAN asked the Attorney to notify tho Chamber of
Commerce of this hearing.
ORDINiANCE NO. , an ordinance of intention to vacate and
close a portion of '0" !_venue, was presented for the first
reeding. Moved by McClure, seconded by Ingalls, that only
the heading be read. CITY CLERK ALSTON raised the question as
to whether the City should pay the expense of closing the
street, or the -property owners who wish it closed. ATTORNEY
CAMPBELL stated Mr. Rhodes is getting some information on this
and it can be presented at the next meeting before the ordin-
ance is presented for the final reading. Carried, by the
following vote to -wit: :yes: Clarke, Hart, Ingalls, McClure,
Carrigan. goy: Ncne.
ORDINANCE NO. , "AN CRDINANCE OF INTENTION TO VACATE, L.:0
CLOSE A PORTION OF A PUBLIC STREET, TO -WIT: L PORTIOI1 OF 'C
LVENI'E, IN T?IE CITY OF NATIONAL CITY, CALIPOEN IA . " Moved Iv
'miens, seconded by Clarke, that the ordinance be laf6 over
until the next meeting for its second and final readir.r,.
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Carried, by the following vote to -wit: Ayes: Clarke, Hart,
Ingalls, McClure, Carrigan. Nays: None. The hearing was
set for June 17, 1252 at 8:00 P.M.
ATTORNEY CAMPBELL stated the National City Taxpayers Associat-
ion requested that the City take steps to recover certain
monies, including the sale of the well, which was referred
to him for drafting an answer. Unless fraud is shown you
would probably have less than a fifty percent chance of re-
covering and it will be on a recession action if you bring
one. Mr. Campbell said he knows of no provable fraud. He
contacted Dist. Atty. Keller who assured him that the Grand
Jury did not find any fraud. If a recession action is brought
you would have to repay the amount of money the City received,
and there would be the problem of whether or not the Court
would order you to pay the amount of improvements made by
the Water Company. The next problem would be whether or not
you could sell the water. If you could sell it you would
have to lay lines in the street and that would probably mean
floating a bond issue, and you have to consider that if you
do that, are you going to have any customers at the present
time. For these reasons, it is Attorney Campbell's recommend-
ation that you do not bring the action, that he did not believe
it would warrant the expense. Insofar as other alleged
irregularities are concerned, you have to determine whether
or not,certain items were purchased above the $1,000. limit-
ation. The $1,000. limitation applies to certain designated
items, and Mr. Campbell does not believe the poll^e cars or.
the tournapull are within the prohibited section. As a w .._.
of policy you have determined that you are not purchas1r1j
items such as the tournapull without going to bid, but Lne:�'
is no legal requirement on it. As far as the street paving it.
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concerned you have to determine whether or not it was the
furnishing only of supplies and materials, and not a contract
where both labor and materials and supplies are furnished. In
contacting the District Attorney, it Is also a matter of
principle whether or not there would be sufficient money
recovered, if recoverable et all, to warrant the expense.
MAYOR CARRIGAN requested Attorney Campbell to answer the
Taxpayers Aeeociation's letter,
RESOLUTION NO. 5694 was read, designating the City Manager of
National City, to prepare and file with the State Controller
each year the annual street report, required by Section 2151
of the Streets and Highways Code of the State of California.
Moved by Ingalls, seconded by McClure, that the Resolution be
adopted, Carried, all Councilmen present voting aye.
ATTORNEY CAMPBELL stated that sometime ago Charles Kessler
filed a claim with the City for damages to his building et
2300 National Avenue, known as the "Annex". He also asked
for certain rentals. At that time it was recommended that
the rental demand be denied and he be notified of that action.
It was also recommended that the damage claim be referred to
the City's insurance carrier, it was so done end the carrier
has recommended denial of the claim. It is the Attorney's
recommendation that the Council deny the claim and authorize
the City Clerk to so notify Mr, Kessler. Moved by Taig'lls,
seconded by Hert, that the recommendation of the C_tr
be followed. Carried, all Councilmen present Ir,:;S,:; eyc.
RESOITTION NO. 5695 was read, accepting that cocteln sea:,
dedication for sewers and pumping plant and execute:
United States of America, dated March 25, 1952, and furtnet•
eviden0ed by National City City Clerk's Document No, 18072.
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The City Clerk is hereby authorized and directed to receive
the deed on behalf of the City and to record said deed in the
office of the County Recorder. Moved by Hart,'seconded by
Clarke, that the Resolution be adopted. Carried, all Council-
men present voting aye.
Moved by Hart, seconded by McClure, that the following inter -
budget transfers be made: From 502-B12 to B12-1, $1,000.;
from 520-B4 to B2, $30.; from Sewer Fund Cl, 950. and from
the Engineer's Fund 512-Al, $500. to B2 of the Sewer Fund;
from Civil Service Fund A3 to A2, $300. Carried, all Council-
men present voting aye.
RESOLUTION NO. 5696 was read, approving that certain agreeme:t
for a permit to install certain sewer lines and executed by
the San Diego and Arizona Eastern Railway and the City of
National City, dated April 15, 1952 and further evidenced by
National City City Clerk's Document No. 18137. Maurice
Carrigan, Mayor of the City of National City, is, and he is
hereby authorized and directed to execute the same for and
upon behalf of said City. Moved by McClure, seconded by Hart,
that the Resolution be adopted. Carried, all Councilmen
present voting aye.
RESOLUTION NO. 5697 was read, approving that certain agreement
between Fuller Votors and the City of National City,a copy of
which is attached hereto and incorporated herein. 'Faur=ce
Carrigan, Mayor of the City of National City, is, a: d he 1:=
hereby authorized and directed to execute the eare `_cr ,a6
upon behalf of said City. ?roved by McClure, secon od by r,0:.C,
that the Resolution be adopted. Carried, all Couicilweo ,*c:
voting aye.
RESOLUTION NO. 5698 was read, approving that certain agreement
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between Fuller Motors and the City of National City, copy of
which is attached hereto and incorporated herein. Maurice
Carrigan, Mayor of the City of National City, is, and he is
hereby authorized and directed to execute the same for and
upon behalf of said City. Moved by Hart, seconded by McClure,
that the Resolution be adopted. Carried, all Councilmen
present voting aye.
COUNCILMAN HART excused.
CITY CLERK ALSTON stated that National City is to be the host
at the next meeting of the League of California Cities, which
will be May 16th. MAYOR CARRIGAN asked that Mrs. Alston handle
the preparations and that it be held in the Cammunity Bldg.
MR. BURNS, owner of the Keystone Trailer Court was present in
regard to connecting his property to the National City serer
system and is also desirous of annexing to National City.
MAYOR CARRIGAN suggested that Mr. Burns contact City Manager
Rhodes and Attorney Campbell with a view to having the entire
area annexed.
REPORT FROM THE PLANNING COMMISSION was read, recommending
the opening of ^Ma !,venue from 18th Street to 21st Street.
Commissioner Grant Benninser's resignation was accepted. MAYOR
CARRIGAN requested the report be referred to Attorney Campbell.
E. J. CHRISTMAN, Chairman of the Planning Commission stated
since this report was presented Murvel Newlan has ec.oe.+ t:
fill the vacancy created by Mr. Benninger, and a cri r,le„iLto_z
was sent to the Council that the appointment be roe,J,.,. ), c, ,
by McClure, seconded by Ingalls, that the recosme':at;.:n
the Planning Commission be accepted and that Eurvel
appointed to fill the une__pired term. Carrie:, by the fol1cv,
ing vote to -wit: Ayes: Ingalls, McClure, Carrigan. Council-
man Clarke abstaining.
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REPOR% FROM THE PLANNING COMMISSION was read, regarding their
meeting of April 28, 1952. Record of Survey Map presented
by C. B. Ireland on Lots 199 and 200 of Lincoln Acres Annex
No. 2, was presented and accepted. Bulletin from the League
of California Cities, dated March 21, 1952 referred to the
City Council for study relative to flood damage aid. MAYOR
CARRIGAN asked why the Record of Survey Map is required.
COUNCILMAN McCLURE said that a Record of survey may be used
in lieu of a subdivision map, and the Subdivision 0:,r'dnence
requires that the Fire Chief pass along his rocommen,atius_F
with regard to new subdivisions and also Recorc's c: Survey
are declared to have the same requirements as subdivisions
as to improvements, etc. E. J. CHRISTMAN stated this is onl',
a tentative map and the final map will also have to be appro;-6d.
After considerable discussion MAYOR CARRIGAN requested that
the Record of Survey Map be referred to the City Engineer fo.2
checking and recommendation to the Council.
Moved by Clarke, seconded by McClure, that the meeting be
closed. Carried, all Councilmen present voting aye.
77, CI OF NATIONAL CALIFORNIA
ATT:S)
CITY CLERK