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HomeMy WebLinkAbout1960 03-01 CC MIN312 National City, California, March 1, iv6j Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Fessman, Hart, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS .present: Alston, Bird, Cagle, Gautereaux, Golden, Holgate-Kerr, Lill. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Erny. Moved by Hart, seconded by Fessman, the minutes of the regular meet- ing of February 23, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7686 was read, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF NATIONAL CITY RELATING TO THE 0O DUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 12, 1960." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. REPORT OF CITY ATTORNEY CURRAN was read, stating the request of the Mueller Truck Company that its present lease of a potion of the National, City tidelands be consolidated with a proposed lease of additional tidelands area which has been approved by the City Council and the consolidated lease be made in the name of a new corporation which has just been formed, National Freight Terminals, can be accomplished by Mueller Truck Company surrendering its existing lease. The request that a new lease for a period of fifty years raises a question of policy which should be decided by the Harbor Committee. In the event an extension to fifty years is approved the exact rental to be charged for each period during the extended term should be specified. REPORT FROM CITY ATTORNEY CURRAN was read, stating the Attorney for the California Water & Teleahone Company advises the San Diego County Water Authority expects to be able to deliver water dii' et.y to National City consumers via the California Water & Telephone Companys water mains rather than into the Sweetwater. Reservoir sometime during June of this year. The California Water & Telephone Company accor- dingly requests that its agreement authorizing it to act as the agent for National City in receiving Colorado River water be amended to authorize delivery via the second aqueduct. The City Council should commence consideration of the question whether, as a matter of policy, 3-1-60 313 it is willing to accept the amendment proposed. In the meantime the City Attorney will analyze the contract to ascertain whether there are any legal problems involved. .t PORT FROM CITY ATTORNEY CUF.RAN was read, stating in regard to the engineering budget agreement submitted to the City of National City by the Division of Highways, the Deputy City Attorney having been in Sacramento conferred with the Chief Attorney of the Division of High- ways regarding this requirement that the City be required to hold the State of California harmless in certain instances. Deputy City Attor- ney Golden stated Mr. Reed indicated to him that while it was a mat- ter of policy with those people to use the same form oontract with all the different cities, but if his deputy in researching the prob- lem had no objection they would eliminate the last page, and he led Mr. Golden to believe it would be done in this case; he could see no reason why in view of the provisions of the code it would eliminate any kind of liability on the state officers; so it probably would be approved although the contract has not yet been revised. Moved by Allen, seconded by Fessman, the City kttorney's recommenda- tion regarding the Mueller Truck Company's lease be referred to the Harbor Committee. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he would like to have the City Manager ascer- tain what can be done in regard to drainage of the water hole between 14th and 15th Streets on "F" Avenue. It is on private property but goes into the street. Moved by Allen, seconded by Hart, this be referred to the City Manager, and if he can do something about it he should do so and not report. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the City Attorney be instructed to make the necessary arrangements for all the hearings, etc. that is required to be done in order to get the question put on the next ballot, municipal election or otherwise, that would cover the popu- lation of the City of National City, the question: "do the people of the City of National City wish to sell a portion of Kimball Park specifying this civic center location as a down payment towards a civic center in a different location." COUNCILMAN FESSMAN stated this problem has three parts to it; one is whether we want new fac- ilities or additional facilities for our city hall; the problem of thu site is the Council's prerogative and duty to determine the site and once it is determined if the people ofject to it they have the right to come in and state their views; and the other problem is the matter of disposing of these premises, and he said personally he did 3-1-60 314 not believe that is a part of the problem. If a new city hall was built in some other part of the city it would not necessarily mean these premises would become surplus, as part of Kimball Park, Mr. Fessman said he did not think it was necessary to sell this property to get a city hall, if the people want a city hall they would be willing to vote bonds if necessary. COUNCILMAN REID stated he would not approve holding this up too long, we should have action on a new city hall before another election; if we cannot get it on this ballot now he personally is not for it. MAYOR HOLLINGSWORTH asked the City Clerk if the City of National City would be permitted to put an issue on the ballot in the June election, which is a County election. CITY CLERK ALSTON stated we could, but we would have to pay for our share of the cost of printing of the ballots, etc. MAYOR HOLLINGSWORTH stated she did not believe the motion is exactly right or clear, per- haps it should be put on the ballot whether the people of National City want a new city hall; she personally did not believe the people would ever vote to sell any portion of this park. COUNCILMAN FESSMAN stated in order to sell this property we must put on the ballet a proposal this property be sold, after hearing that it is surplus, etc. If we ask for an opinion poll from the people of National City whether they are in favor of selling this property does not qualify to dispose of this property. COUNCILMAN HART said he was in accord with Coun- oilman Fessman's thinking. DEPUTY CITY ATTORNEY GOLDEN stated he would be of the opinion the opinions given by the result of that poll would not be binding or have any effect. Attorney Golden stated he thought the Council is charged with the responsibility of maintaining certain standard facilities for the operation of the city, and even though the decision might be unpopular with some of the voters they have an obligation to the voters to go ahead and decide where they want to put the city hall, and then if it becomes necessary, put it on the ballot. COUNCILMAN HEART stated since there has been so much discussion he did not think this is the time now to put the question before the people, we should wait until we see where we want the oivic center, and see if we can get the Navy property, or what we can do, therefore his second was withdrawn, and the motion died for lack of a second. Moved by Fessman, seconded by Hart, the City Manager give the Council a feasibility report along with some cost estimates, etc. of putting additional facilities on the corner of 12th and National Avenue and working this way with them, and refurbishing this part of the building to whatever extent is necessary and to tear out some of the old part of the building, and whatever is necessary to make this place an acceptable part of the civic center. The City Manager to bring in the report at his earliest convenience so we can have some- 3-1-60 315 thing to "put our teeth into" so we know what we are talking about. Motion carried, by the following vote to -wit: Ayes: Fessman, Hart, Reid, Hollingsworth. Nays: Allen. MAYOR HOLLINGSWORTH stated she received from National Police Officers Association of America a Walker Safety Award honoring the City's meritorious service in the field of traffic safety for the year 1959, and presented the award to Police Chief Cagle and stated she was very proud of National City's Police Department, and had been for years, and was happy to be able to present this award. CHIEF CAGLE stated he was deeply honored to accept this service award on behalf of the members of the Police Department of the City of National City. COUNCILMAN HART stated City Manager Bird has informed him the paint- ing of the Casa de Salud is being done by our own labor and material. COUNCILMAN FESSMAN stated there is a puddle of water on City owned property in Las Palmas Canyon that probably should be investigated. Moved by Fessman, seconded by Allen, the City Manager be instructed to see what can be done about this problem. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Trust & Agency Fund Special Street Fund Drainage Fund Payroll Fund $ 21,677.66 3,656.39 439.40 3,970.60 38.75 21.94 4,807.96 45,301.09 TOTAL $ 79,913.79 Moved by Fessman, seconded by Allen, the bills be approved for pay- ment, and warrants drawn for same. Carried, by the following vote to -wit; Ayes: Allen, Fessman, Hart, Reid, Hollingsworth. Naysi None. RESOLUTION NO. 7687 was read, authorizing the expenditures of the sums set forth from the Capital Outlay Fund, as follows: C. J. Allen, $1,144.00 for Air Compressor; Selph Construction Co., $2,614.08, Progress Payment for Comfort Stations. Moved by A/len, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting are. r�-•--..1 ALdTVIA reported the following bids were opened. ee.:ruary 2 for the installation of curb and gutter on Tidelands Avenue: MILTON E. SYKES 00., INC., $14,061.76; FRANK TRUJELLO, $27,246.66; FRANCISCO CONCRETE CONSTRUCTION, $13,965.44; T.B. PENICK & SONS, INC., $16,775.36; V.R. DENNIS CONSTRUCTION CO., $14,321.28; MERLE TRYON CONCRETE, INC., $14,457.60; V.E. POSEY, $14,177.12; A.A. BAXTER CO., $17,744.00. 3-1-60 316 CITY MANAGER BIRD stated the matter which was referred to lAm reb&rd- ing 14th and 15th and "F" Avenue for a report and for action, he will need further authority of the Council; the pond is on private property, in the past we have pumped it out but is only a temporary alleviation of the situation, we will attempt to pump it out this week if the weather permits. The question which arises is there is only a half street on the west side in, there have been negotiations pro and con going back to three previous City Managers regarding this particular situation, it is an annual occurrence when we have a wet year and is a public nuisance. Mr. Bird asked if the Council wished to take action against the private owner to eliminate the nuisance. Moved by Allen, seconded by Hart, the City Manager with the advice of the City Attorney take action against the private owner to abate the public nuisance on "F" Avenue between 14th and 15th Streets. MAYOR HOLLINGS- wORTH stated she personally would rather not instruct the City Mana- ger and City Attorney to proceed with legal proceedings, it would be better to ask the City Manager to contact the owner and see if there could be some useful agreement before action was started. CITY MANAGER BIRD stated there is an overall drainage problem there; and the reason for asking the Council as to the abatement of the nuisance he wanted firm ground whereby he could open negotiations with the property owner. Mr. Bird stated we would not take any action without reporting back to the Council and getting further confirmation on what they propose to do. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the pond which is on City property has been there for many years, and it is our hope in the completion of the Las Palmas Park and the development of that area to ultimately fill the low spot, and we had hoped that possibly this summer we would have consumm ted it along with the completion of the No. 3-4i. portion . the drainage. The other question which is involved, will the (luncil give the City Manager permission to fence the area. COUNCIL- MAN FESSMAN stated a fence would be rather expensive, and suggested we have the Police Department cover the area occasionally at times 3-1-60 317' when flora might be children gn "to sea" in it; and run them out and we might be able to get along until the summer when we could get it filled. CITY MANAGER BIRD stated the Police' Department has a direo- tive to the effect that all prowl ears in the area on their normal beat pay particular attention to the pond; we are aware of that situ- ation. The question of fencing it perhaps will not potentially save a life, but it will save the City's liability, and we are going to have to fence this ultimately anyway to preserve our own City property in the area. Mr. Bird stated he proposed to use a chain link fence along the 30th Street side and -along the other side those portions of fences we have been retrieving from other projects. Moved by Hart, seconded by Allen, the City Manager have authorization to fence in this nuisance hole. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he was called by a representative of the County Water Authority this morning relative to the Metropolitan Water District 'who wish to act as host for a trip to. Parker Dam and over that -portion of:.the water system from:which we get our water. This trip is scheduled°far.April 28th, 29th and 30th. We will:have to pay' only for transpprtation This can be discussed further at a:. later date, CITY MANAGER BIRD stated he has received the signed agreement for the installation of iwprovements;and.covenant running with land signed by Donale E. and Ruth C..Norman Russell P. and Elizabeth M. Haas, and recommended it be received and placed on file. Moved _by Hart, see- onded by Fessma►n, the recommendation of the City Manager be approved. Carrie4 all the Council present votingaye. COMMUNICATION PROM R. A. ABRAHAMSON, Operating Manger,, Montgomery Ward was:read regarding garbage and rubbieh disposal. Mr. Abrahamson stated he finds'_their.Company bee -a different design for -a rubbishr oontairer.than recommended in the City's ordinance. The ordinance requires 45 gallon containers -for'the.amount of trash and cardboard boxes that •they anticipate in their type of operation, and they do 3-1-60 318 believe it would not be possible or advisable to use this type of container. It is proposed they get permission from the City Council to obtain a local contractor to handle their local problems in dis- posing of their trash. CITY MANAGER BIRD stated Mr. Abrahamson and our Field Representative were in his office presenting this problem, and he thought the problem had been resolved three or four months ago when Mr. Myers took the matter up with the people building the Mont- gomery Ward plant. It is a problem, the contract with our present contractor calls for him to pick up trash in the containers as set forth by ordinance. Montgomery Ward people explained their position, also they explained their insurance carrier's position and the type of devise they request permission to use is the type they use in all of their stores. The point involved is that it requires labor and takes special equipment to pick up the containers, if they were picked up. They are requesting they be given permission to hire a local contractor or use their own equipment to dispose of their trash. We are confronted with our City ordinance and also with our contract with National City Rubbish Company. Mr. Bird stated he advised Mr. Abrahamson the only thing he could recommend, if the Council wished to grant this special permit, that it be only with the permission of the National City Rubbish Company with which we have a contract at the present time, as it would necessitate a waiver of a portion of their contract. Mr. Bird asked Mr. Keener, our contractor, if he talked with Mr. Abrahamson regarding this problem, and if so did they reach any conclusion. RAY KEENER was present and stated he could not because he had to wait and see what the City Council would do. We did agree, if the City Council would give them permission, we would discuss a contract, and would be willing to grant a waiver to allow the Council to permit a local contractor, or them to haul their own trash. Moved by Allen, seconded by Hart, we allow Mont- gomery Ward to handle their own trash disposal, at their own expense, providing we have a release of contract from Mr. Keener, on a tempo- rary basis of six months. Carried, all the Council present voting aye, COUNCILMAN FESSMAN excused. CITY MANAGER BIRD stated he had an easement and covenant running with land from Eldon and Doris Brazell, and recommended they be referred to the City Attorney to prepare the resolution necessary for accep- tance. Moved by Hart, seconded by Allen, the easement and covenant be referred to the City Attorney for the proper resolution. Carried, all the Council present voting aye. COMMUNICATION FROM C. F. HENNINGER, Auditor, was read, stating thru error their office and Mr. McMillin each requested a business license 3-1-60 319 be issued for Mr. McMillin. License No. 1150 and License No. 1499 were mailed to Mr. McMillin, 482 Third Avenue, Chula Vista. It was requested one of the licenses be cancelled and the $25.00 fee be refunded to Mr. McMillin. REPORT FROM CITY TREASURER KERR was read, recommending license No. 1499 be approved and a refund of $25.00 be made to Mr. MoMillin and license No. 1150 be cancelled. Moved by Hart, seconded by Reid, the $25.00 be refunded to Mr. McMillin be authorized, and license No. 1150 be cancelled, in accordance with the recommendation of the City Treasurer. Carried, by the following vote to -wit: Ayes: Allen, Hart, Reid, Hollingsworth. Nays: None. Absent: Fessman. CITY MANAGER BIRD stated the following letter is addressed to the Atchison, Topeka and Santa Fe Railway Company, Los Angeles, and has to do with the moving of the spur track. We are working to get the wye moved for realignment of the spur track. The letter stated: "Refer to your file 542, National City Tidelands Part 3, your letter of February 29, 1960 to Mr. Bird, City Manager. The City Council of National City did this date approve the relocation of one track across 24th Street, the abandonment of one track across 24th Street and the relocation of the southerly wye track on Tidelands Avenue, all as described in the reference letter, subject to conditions as setforth in said letter, also subject to the following conditions: (A) all required drainage facilities under and across these tracks be con- structed by the Atchison, Topeka and Santa Fe Railway Company at no cost to the City of National City; design and construction of such facilities to be approved by the City of National City. (B) Atchison Topeka and Santa Fe Railway Company will install and maintain header planks on these tracks in the crossing area, at no cost to the City of National City." MR. BIRD said he is asking for the Council's approval of this letter. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to a letter on a spur track of the Santa Fe Railway be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read relative to the bids received for installation of curb and gutter on Tidelands Avenue, recommending the contract for the work be awarded to Francisco Concrete Construc- tion as low bidder. CITY MANAGER BIRD stated it is his recommenda- tion the City Attorney be authorized to prepare a resolution of award and acceptance of the contract. Moved by Allen, seconded by Reid, the recommendation of the City Manager and City Engineer in regard to awarding the contract for the installation of curb and gutter on Tide- lands Avenue be approved and referred to the City Attorney. Carried, all the Council present voting aye. 3-1-60 320 REPORT PROM CITY ENGINEER LILL was read, relative to Paradise Creek Drainage Project Unit No. 3-C, recommending the contract for the work be awarded to K. E. C. Company as low bidder. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare a resolution of acceptance of the bid and award of contract. Moved by Allen, sec- onded by Hart, the bid of K. E. C. Company be accepted and contract awarded to them, in accordance with the City Manager's recommendation. Carried, all the Council present voting aye. REPORT FROM POLICE CHIEF CAGLE was read, stating the reported viola- tion in the 1900 Block on E. 7th Street was checked and it was found the area in question is a vacant lot to the north and rear of 1905 E. 7th Street where Mr. Floyd Emde, the owner of the property, resides. It is apparent the vacant lot is being used as storage for motorcycles motorcycle parts and equipment related to the motorcycle business con- ducted by Mr. Emde at 1302 National Avenue. Mr. Erode was contacted on February 24th and the conditions of Ordinance 96a were discussed and he stated he will remove, or cause to be removed within 30 days, the accumulated motorcycles, motorcycle parts and vehicles vhich he has stored there. Photographs of the area were taken February 24th to be compared with photographs to be taken March 25th. REPORT FROM POLICE CHIEF CAGLE was read, stating with reference to San Diego Equipment Company located in the 100 Block on the north side of 17th Street it was noted this company has made an extensive clean up of their premises, and it was the opinion of the Chief, this area is no longer in violation of the definition of automobile wreck- ing. COUNCILMEN ALLEN stated Newton Talley who is a resident on E. 16th Street, told him they had done a wonderful job in cleaning up the premises with the exception of week ends, particularly Saturdays and Sundays, they forget to clean the trucks and the stench from the garbage is still there and he asked we request the Police Department to check particularly on Saturdays and Sundays to see if they have made an effort to clean that up. COMMUNICATION FROM CITY PLANNER STOCKMAN addressed to the City Mana- ger, was read relative to width of streets in Bahia Vista Industrial Center. It was the recommendation of the Planning Commission that all streets within the Bahia Vista Industrial Center, including the west half of Roosevelt Avenue lying between 18th and 24th Streets be improved with a 64 foot travel way, excepting Wilson Avenue and 24th Street; Wilson Avenue to be improved as a 52:foot travel way, and no action taken at this time on 24th Street, this street to be resub- mitted to the Planning Commission for consideration of travel way when improvements are to be installed. It was the City Manager's 3-1-60 321 recommendation the City Council approve the recommendation of the Planning Commission in regard to these streets. Moved by Allen, sec- onded by Hart, the recommendation of the Planning Commission in regard to the width of streets in the Bahia Vista Industrial Center be gproved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL regarding the communication from 0rpha and E. L. Berger, was read. CITY MANAGER BIRD stated he concurred in the report of the City Engineer. COUNCILMAN ALLEN said he thought it would be advisable to forward a Dopy of the report to Mrs. Berger. Mr. Allen suggested if funds are available, we put the better type of surfacing on the street in this particular area. Moved by Allen seconded by Hart, the report of the City Engineer be approved. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the plans for the pistol range we have run into a little difficulty primarily on the fact in going over them it was decided a change to be made in the design of the truss. We should have the plans ready for Council by Aeril lst, or sooner if we can get them off the board. CITY CLERK ALSTON stated Beatrice Despres lost her pay check, Warrant No. 43936 in the amount of $48.94, dated February 19, 1960, and recommended the Council instruct the City Attorney to prepare a resolution authorizing stop payment of said check and the issuance of another check. Moved by Allen, seconded by Reid, the recommenda- tion of the City Clerk in regard to referring to the City Attorney a resolution for stop payment and replacing of a cheek be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a report from the Division of Highways relative to speed zones on Highway 101. They have ordered 40 miles per hour, a point 550 feet south of the centerline of 14th Street; also 45 miles per hour, a point 1032 feet north of the southerly line of 8th Street. The report stated the new speed limits will be in effect upon installation of appropriate signs during the week of February 14th. Moved by Allen, seconded by Reid, the report be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a copy of a letter from the County Boundary Commission addressed to City Planner Stockman in regard to the Rose:balm Annexation. The communication stated this area contains portions of districts as listed on the attached sheet, and enclosed is a copy of the boundary description and sketch of the proposed annexation and it is subject to corrections as listed on the attached sheet. COUZuCILMAN ALLEN stated if this annexation is approved there will be others who will wish to annex. 3-1-60 322 CITY CLERK ALSTON stated in March 1958 the City purchased some prop- erty from Walter 0. Powell, Jr. and Helen A. Powell and suggested this be referred to the City Attorney to prepare a resolution request- ing the Board of Supervisors to cancel all taxes on this piece of property we have acquired. Moved by Allen, seconded by Reid, the recommendation of the City Clerk that the City Attorney prepare a resolution to cancel the taxes on the property purchased from Walter O. Powell, Jr. and Helen A. Powell, be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Resolu- tion of Intention to Change or Modify the Grade of Streets, (8th Street from "L" Avenue to Sanitarium Avenue). Moved by Allen, sec- onded by Reid, the Affidavit be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended the City Clerk be authorized to publish notice calling for bids for the grading of Plaza Blvd. from approxi- mately "N" Avenue to Palm Avenue. Moved by Hart, seconded by Allen, the recommendation of the City Manager that the City Clerk be autho- rized to call for bids, be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked if each Councilman has submitted three names to Mr. Osburn in regard to the sequence of people who would take their place in case of a disaster. RESOLUTION NO. 7688 was read, accepting the bid of Francisco Concrete Construction in the amount of $13,965.44 for the Installation of Curb and Gutter on Tidelands Avenue, and the Mayor is authorized and directed to execute the contract for said work. Moved by Hart, sec- onded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Reid, Hollingsworth. Nays: None. Absent: Fessman. RESOLUTION NO. 7689 was read, accepting the bid of K. E. C. Company in the amount of $216,267.73 for the construction of Schedule C of Unit 3 of Paradise Creek Drainage Project, and the Mayor is author- ized and directed to execute the contract for said work. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: ryes: Allen, Hart, Reid, Hollingsworth. Nays: None.Absent: Fessman. Moved by Hart, seconded by Reid, the meeting be closed. Carried, 0,11 the Council present voting aye. Meeting closed.at 308`p.m. ATTEST: / _ CITY CLERK MAYOR, CI TONAL TY, CALIFORNIA 3-1-60