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HomeMy WebLinkAbout1959 12-15 CC MIN197 National City, California, December 15, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'olack. Council members present: Allen, Fess- man, Hart, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Gautereaux, Golden, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, fol- lowed with invocation by Mayor Hodge. Moved by Hart, seconded by Fessman, the minutes of the regular meet- irg of December 8, 1959, be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. Councilman Allen abstained from voting. RESOLUTION NO. 7651 was read, accepting an easement from Beatrice L. Yahnke; easement from Neta C. and M. C. Paterson. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Allen, Fessman, Hart, Hodge. Nays: None. Absent: Hollingsworth. ORDINANCE NO., "AN ORDINANCE AMENDING NATIONAL CITY BUSINESS LICENSE ORDINANCE NO. 708," was presented for the sesond and final reading. Moved by Hart, seconded by Fessman, the Ordinance be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 963, "AN ORDINANCE AMENDING NATIONAL CITY BUSINESS LICENSE ORDINANCE NO. 708." Moved by Hart, seconded by Fessman, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: None. Absents Hollingsworth. Councilman Allen abstained from voting. COUNCILWOMAN HOLLINGSWORTH present. ORDINANCE NO., "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE VARIOUS STREETS AND ALLEYS IN NATIONAL CITY,"'was presented for the first reading, and read in full. REPORT OP CITY ATTORNEY stated with reference to the request of the National City Chamber of Commerce that it be given a lease of cer- tain ]and located in Kimball Park, it is the opinion of the City Attorney -that any such ]ease is specifically prohibited. The Resolution adopted by the City Council in dedicating Kimball Park sets forth the purposes for which the land located in the park may be used. The use proposed by the Chamber of Commerce does not come with any of the specified permitted uses, The proposal to lease should therefore be denied. Report of the City Attorney stated he has examined the following certificates of insurance and recommends 12/15/59 198 they be filed: Argonaut Insurance Company certificate states that Electric Products Corporation, et al has w orkman's compensation insurance; Fireman's Fund Insurance Company certificate that Boy's Club of National City has bodily injury and property dame liability insurance. Indemnity Insurance Company of North America has served notice of termination of sidewalk license bond of Lyle R. Drager, and it was the City Attorney's recommendation Mr. Drager be advised to file a new bond or surrender his license. Moved by Fessman, seconded by Hart, the recommendations of the City Attorney be approved. Carried, all the Council present voting aye. ALBBRT E. CLARKE, 914 E. 8th Street, was present, and stated he just recently returned from a trip to England and he attended a Council meeting in what was his home town and was requested by the Mayor and membersof the Council to convey to the Council of National City their best wishes for a happy holiday season, and an ex —mayor, Mr. Berdal, also expressed his good wishes to Mayor Hodge. Mr. Clarke congratulated the Council for their action with regard to the request of the Chamber of Commerce for use of land in Kimball nark as he feels the park is for the use of this community only, and not for an individual group. Also congratulated the Council on the fact they have finally brought to a head the building of a new city hall. EVE F. BISBERG, 1826 East 8th Street, was present, and read two communications:, one protesting the paving of Williams Subdivision No. 6 at a cost to our City. The other communication stated that on behalf of citizens, and for herself, set forth the charges opposing the Council's action on the rezoning of our City, without first publishing, in a local paper, the full context of the ordi- nance and a map designating the areas affected. In 1956 at the General Election two propositions appeared on the ballot for National City voters to express their desires. One proposition was: "Shall a petition from a majority of the property owners affected be required before the City grants a land use change?" Results: Yes: 6716 No: 1720. This was clearly a mandate of the people to Council members; yet, three years later the members of the Council have ignored the wishes of the people. RUBEN RUBIO, 1729 Cleveland Avenue, was present, and stated since the Council meeting of last week he has had quite a few calls from people asking him several questions he has been unable to answer. He said he felt the people of National;. City should be protected; and would like to know if it is legal to rezone the City unless the people asked for it, and would like to know the legality of the zoning so he can answer the people; and wondered if it was regal to 12/15/59 199 rezone the City after it was on the ballot. CITY PLANNER STOCKMAN stated at all times she discussed all phases of the rezoning with the City Attorney and followed his advise. Moved by Fessman, seconded by Hart, the matter be held over until Attorney Curran returns. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 27,468.05 Traffic Safety Fund 2,023.95 Park Fund 616.26 Retirement Fund 19,676.94 Harbor Fund 14.37 Drainage Fund 24,829.20 Park Construction Fund 75,00 Payroll Fund 46 26q,68 TOTAL . . . $ 20,966.45 Moved by Hollingsworth, seebnded by Hart, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY CLERK ALSTON reported the following bids were opened for the paving of Plaza Blvd. Nly from 8th Street: GRIFFITH COMPANY, $7,164.67; DALEY CORP., $7,528.97; R. E. HAZARD CONTRACTING COMPANY, $7,407.54. The following bids were opened for the Improvement of loth Street from Roosevelt to Coolidge Avenue; 1911 Act: V. R. DENNIS CONSTRUCTION CO., $13,209.10; DALEY CORP., $13,479.33; BIM J. HARRIS 00., $12,985.75; GRIFFITH COMPANY, $13,926.10; R. E. HAZARD CONTRACTING COMPANY, $13,472.25. COMMUNICATION FROM U. S. ARMY ENGINEERS relative to a submarine Cable be installed off of Mission Beach, was presented. CITY MANAGER BIRD recommended it be received and filed. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM THE COUNTY OF SAN'DIEGO regarding a new series plumbing ordinance, was presented. It was the recommendation of the City Manager it be referred to the Building Department for a report. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY addressed to A. F. Poulter, Division Manager, California Water & Telephone Co., was read, stating the Board, at its meeting on December loth, authorized the construction of a service connection from the Second Aqueduct at Station 4800+ 39 to serve the South Bay Irrigation Dis- trict and National City through the Water Company, acting as agent, 12/15/59 200 and provided funds for its construction. This connection is to be considered the No. 1 service connection for these agencies and is being installed without cost to these agencies with the understand- ing they will relinquish all right in the present Sweetwater service connection at lakeside. The Lakeside service connection will be used entirely for deliveries of water to the Otay District and will be considered as Otay's No. 1 service connection. Since this con- nection is larger than the 0tay District is entitled, that District will pay the Authority $5,200.00 for the added capacity. It is, of course, understood that in case of an emergency and no water is available in the Second Aqueduct, the South Be:• District and National City will be able to temporarily rece t:e water through the Sweetwater connection from the First Aqueduct. OITY MANAGER BIRD re.nelemended this be refer .e.d to the City Attorney. Moved by Fesaan, seconded by Allen, the City Manager's recommendation be apr;Loved. Carried, all the Council present vowing aye. .t'.h`TITION from residents in the vicinity of Last 17th Street relative to refuse business in the vicinity. The residents are complaining about the unsightly mess; trucks parked in front of residents all night, the odor from which makes it necessary to close their win- dows; blocking of alley avid streets; fire hazard; noise, etc. The residents ascertained information that this company does not have a license to operate business in National City although located at 115 E. 17th Street. CITY MANAGER BIRD stated he became aware of this condition on December llth and he immediately referred the matter to four departments, and he has the report from three of the departments. Moved by Fessman, seconded by Hart, the City Manager check on the validity and the compliance with the zoning ordinance in the new location this is being moved into on W. llth Street, and if it qualifies as a wrecking establishment that it be prohibited. Carried, all the Council present voting aye. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by Ronald T. Keener, dba The Geisha Girl, 710 National Avenue, was presented. REPORT FROM CHIEF OF POLICE SMITH was read, stating investigation fails to disclose any grounds for protest of this application. Moved by Hart, seconded by Hollingsworth, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE RRRR & WINE BEVERAGE LICENSE by Speedee Maxi #19, 1540 E. 8th Street, was presented. REPORT FROM CHIEF OP POLICE SMITH was read, stating at the present time there is no building at this location; however, there is a sign on the property designating this as the future location of the named business and 12/15/59 201 a notice as required by the status to engage in the sale of alco- holic beverages. Investigation is continuing, and as quickly as the facts can be obtained you will be advised. The application was ordered held over until completion of the report. CLAIM for damages against the City in the amount of $766.00 be C. C. and Billie Coody, 1644 Lanoitan Avenue, was presented. CITY MANAGER BIRD recommended it be referred to the City Attorney. Car- ried, all the Council present voting aye. RESIGNATION of Philip A. Gilbert, Stock Clerk Foreman, Olivewood Housing, effective December llth, was read. As the resignation is due to poor health, it is requested he be placed on the reserve list. CITY MANAGER BIRD stated due to the fact that there was requested by Council that management inquire as to whether or not the employee's rights were protected; it has been ascertained Mr. Gilbert was employed on December 1, 1955 and on May 21, 1959 he went on sick leave and since that time has used his accumulated sick leave and annual vacation. The California Western Insurance Company has been assisting Mr. Gilbert with his medical bills and weekly benefits for sixteen weeks, which leaves a period of ten weeks benefits yet available. In the event Mr. Gilbert is unable to return to work he will be entitled to a small retirement allow- ance. It was the recommendation of the City Manager the resigna- tion of Mr. Gilbert be accepted. Moved by Allen, seconded by Hart, the resignation be accepted, and referred to the Civil Service Com- mission the matter of being placed on the reserve list. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart. Nays: Hollingsworth, Hodge. REPORT FROM CITY ENGINEER LILL was read, relative to Division Street By -Pass Sewer, recommending the work be accepted by the City and a Notice of Completion filed. CITY MANAGER BIRD concurred in the City Engineer's recommendation, and recommended the City Attorney be authorized to prepare the proper resolution. Moved by Fessman, seconded by Hollingsworth, the recommendation of the City Marager and City Engineer be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7652 was read, authorizing the following transfer to be made: from the Capital Outlay Fund (Fire Alarm System Head- quarters) to the General Fund, the sum of $2,289.68, as follows: To Account No. 515 Al, $708.83; To Account No. 515 B2, $1,580.85. Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, all the Council present voting aye. 12/15/59 202 COMMUNICATION FROM CECIL H. HIIJ. AND JOHN C. RIGNEY, was read, stating enclosed is their audit report covering the fiscal year from July 1, 1958 to June 30, 1959, inclusive, and ask that it be presented to the Council as the report should be referred to the Finance Committee for their scrutiny and study. CITY MANAGER BIRD recommended the report be documented and referred to the Finance Committee for scrutiny. Moved by Fessman, seconded by Allen, the report be documented and referred to the Finance Committee. Car- ried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read, relative to the bids received for paving the center portion of Plaza Blvd., northerly from 8th Street, recommending the contract be awarded to the lc}w bidder, Griffith Company. CITY MANAGER BIRD stated he concurs in the City Engineer's recommendation, and requested the City Attor- ney be authorized to prepare the proper resolution. Moved by Fessman, seconded by Hollingsworth, the City Engineer's and City Manager's recommendation be approved. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read, r ela tive to the Sullivan lease. It was the recommendation of the Harbor Committee this lease become a part of the Sullivan west parcel lease using the same terms. Moved by Fessman, seconded by Hart, the reoommendation of the Harbor Committee be approved, and the matter referred to the City Attorney. Carried, all the Council present voting aye. REPORT PROM THE HARBOR COMMITTEE was read, recommending a new pro- cedure for tidelands leases. The Harbor Committee shall draw up the terms; the City Attorney shall draw up the lease and submit it to the prospective tenants; if they approve it, they shall sign it and submit it to the Council for their approval, and if approved by the Council the Mayor shall be authorized to sign it. Moved by Fessman, seconded by Hollingsworth, the recommendation of the Harbor Committee be approved in regard to the change in the method of drawing up the leases. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read, stating the proposed National Lumber Company lease was discussed. CITY MANAGER BIRD stated the terms on this lease are from $.05 per square foot to $.075 per square foot. It was the recommendation of the Harbor Committee the Council accept the proposal. Moved by Fessman, seconded by Hollingsworth, the recommendation of the Harbor Com- mittee in regard to the National Lumber Company's lease be approved. Carried, all the Council present voting aye. 12/15/59 203 REPORT FROM THE HARBOR COMMITTEE stated the Mueller Truck Company lease was discussed, and the Committee agreed to recommend a letter be written to Mr. Mueller stressing the importance of keeping his account current, REPORT FROM THE HARBOR COMMITTEE was read, stating there was a general discussion of the proposed lease by Carousel Lumber Company and Messrs. D. L. and John Murray were present. Chairman Fessman explained the general terms and oonditions of the tidelands ie axes; and proposed the following terms to the Carousel Lumber Company: the terms start at *.04 per square foot to $.11 per square foot. It was the recommendation of the Harbor Committee the lease be entered into at these terms. Moved by Hollingsworth, seconded by Fessman, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read, stating discussion was held relative to the National Plating & Processing Company of Texas lease. Present were Messrs. Vincent and Jack Caldwell of Industrial Business's Company. It was the belief certain terms and conditions were not being observed, and the Committee recommended the City Attorney and City Manager be instructed to take necessasy steps to terminate the lease. Moved by Fessman, seconded by Hollingsworth, the recommendation of the Harbor Committee in re- gard to National Plating & Processing Company of Texas be approved. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE stated Mr. DuBose and Mr. Dodd were present to discuss the proposed lease and problems involved in crossing Paradise Creek. Mr. DuBose agreed to write next week concerning the lease. The City will proceed with procuring rough estimates of costs involving sewer, water and street extensions on Tidek nds Avenue area south of the Creek. CITY MANAGER BIRD recommended he be authorized to request a con- tract from the California Water and Telephone Company for an extension of the eight inch water main on Quay Avenue and 28th Street. Moved by Allen, seconded by Hart, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MLNAGER BIRD requested the City Engineer and City Manager be authorized to prepare plans for curbs and gutters on Tidelands Avenue from 19th Street to the north line of Paradise Creek. Moved by Fessman, seconded by Allen, the City Manager's request be granted. Carried, all the Council present voting aye. 12/15/59 204 CITY CLERK ALSTON presented the following documents: Affidavit of Posting Notice Inviting Sealed Proposals on loth Street from Roose- velt to Coolidge Avenue; Affidavit of Publication of Notice Inviting Sealed Proposals on loth Street from Roosevelt to Coolidge Avenue; Affidavit of Publication of ordinance No. 930 regarding Sweetwater Annexation Unit No. 1. Moved by Fessman, seconded by Hollingsworth, the Affidavits be filed. Carried:, all the Council present voting aye. CITY ENGINEER LILL reported the assessment roll has been filed with the City Clerk for the assessment on Harding Avenue and 20th Street improvement. CITY ENGINEER LILL recommended the contract for the Improvement of loth Street from Roosevelt to Coolidge Avenue be awarded to Sim J. Harris Company, as low bidder. Moved by Allen, seconded by Fessman, the recommendation of the City Engineer be approved. Carried, all the Council present voting aye. REPORT FROM THE; PLANNING COMMISSION was read, recommending accep- tance of the following: Grant deed and construction easement received from Hope A. Ryno for a portion of the South side of 19th Street, between "F" and "G" Avenues; grant deed from Elizabeth W. Sears, Guy C. and Constance C. Wilson, for a portion of Plaza Blvd. East of Palm Avenue; grant deed and construction easement from Edwin T. and Frances R. Milligan for a portion of the North side of 17th Street, West of Newell Street. Moved by Fessman, seconded by Hart, the Planning Commission's recommendation be approved, and the deeds referred to the City Attorney for preparation of the proper resolution. Carried, all the Council present voting aye. RESOLUTION NO. 7653 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7654 was read, "RESOLUTION OF AWARD OF CONTRLCT (Tenth Street from Roosevelt Avenue to Coolidge ..venue)." Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7655 was read, accepting the bid of the Griffith Company in the amount of $7,164.67 for the Pavirg of the Center Portion of Plaza Boulevard, Northerly of eth Street, and the Mayor is authorized and directed to execute the contract for said paving. 12/15/59 2)5 Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7656 was read, accepting the work done by Pace Con- struction Company, for construction of Division Street By -Pass Sewer, and authorized the filing of a Notice of Completion and orders that payment for said work be made in a ccordance with said contract. Moved by Hart, seconded by Pessman, the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked how soon we can expect the plans for the pistol range. CITY MANAGER BIRD stated he has been informed by the draftsman drawing the plans the last two pages should be co m- pleted by the next meeting. Moved by Pessman, seconded by Allen, the meeting be closed. Car- ried, all the Council present voting aye. Meeting closed at 2:5Op.me ATTEST: