HomeMy WebLinkAbout1957 05-21 CC MIN309
National City, California, May 21, 1957
Regular meeting of the City Council was called to order by Mayor
Hodge at 1:30 P.M. o'clock. Council members present: Fessman, Hart,
Hollingsworth, Hodge. Council members absent: Heck.
ADMINISTRATIVE OFFICIALS present: Bird, Curran, Stockman, Lill,
Jautereaux.
The meeting was opened with pledge of allegiance to the Flag, fol-
lowed by invocation by Rev. Richardson.
Moved by Fessman, seconded by Hart, that the minites of the regular
meeting of May 14, 1957, be ap?roved. Carried, by the following
vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays:
None. Absent: Heck.
RESOLUTION NO. 6952 was read, "RESOLUTION APPROVIN. ASSESSMENT
DIA3RAM (26th Street)." Moved by Fessman, seconded by Hart, that
the Resolution be adopted. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Ncne. Absent:
Heck,
RESOLUTION NO. 6953 was read, accepting certain real property des-
cribed in grant deed dated April 29, 1957 from warren R. & Tommie L.
Miller. Moved by Hart, seconded by Fessman, that the Resolution be
adopted. Carried, by the following vote to -wit: Ayes: Fessman,
Hart, Hollingsworth, Hodge. Nays: None. Absent: Heck.
RESOLUTION NO. 6954 was read, "RESOLUTION DIRECTING ASSESSMENT TO BE
PREPARED AND SI3NED BY ENGINEER OF WORK (Kenton Avenue)." Moved by
Hollingsworth, seconded by Hart, that the Resolution be adopted.
Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hol-
lingsworth, Hodge. Nays: None. Absent: Heck.
COUNCILMAN HECK Present.
REPORT FROM THE TRAFFIC SAFETY COM4ITTEE of meeting of May 8th was
read, stating that diagonal parking along National Avenue was dis-
cussed at some length, and it was recommended that it not be allowed.
No parking between the hours of 3;00 A.M. and 6:00 A.M. to allow a
street sweeper to clean National Avenue was discussed, and it was
decided that the area the cleaner covers should be larger than Nat-
ional Avenue only, and the matter was held over. The change of park-
ing signs from 1 hour to 2 hours on "A" Avenue between 6th and 8th
Streets was discussed. The Model Traffic Ordinance was held for
further study. It was recommended that 4-way stop signs be placed
at 4th Street and Palm Avenue. The Committee also recommended that
a stop sign be placed on the turn off lane ont^s 13th Street from
Freeway, also that a "Yield Right Of Way" sign be placed on Cleve-
land Avenue at 13th Street. The intersection at 16th Street and "D"
Avenue in front of the Fire Station was discussed, and it was recom-
mended that the curb be painted red on 16th Street west of "D" Aven-
ue south side of the street for a distance adequate for the fire
trucks to move out without danger of striking any parked vehicles.
Moved by Hollingsworth, seconded by Hart, that the report be filed.
Carried, all the Council present voting aye.
CITY ATTORNEY CURRAN presented two sidewalk license bonds,
L. R. Hubbard, Jr., as principal and the St. Paul Fire and
Insurance Company as surety; the other by Joe Uppenkamp as
and National Automobile and Casualty Insurance Company as
and recommended they be approved and filed. Moved by Hart
by Fessman, that the Attorneys recommendation be followed
by the following vote to -wit: Ayes: Fessman, Hart, Heck,
worth, Hodge. Nays: None.
one by
Marine
principal
surety,
, seconded
. Carried,
Hollings-
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310
ATTORNEY CURRAN stated that Art A. aussa, in accordance with his
contract for the construction of stair addition to the City Hall has
filed a performance bond and a labor and material bond both in the
required sum and issued by the Indemnity Insurance Company of North
America; also has filed a certificate of insurance issued by the
same company showing liability insurance in an amount satisfactory
to the City and to the requirements of his contract. The Attorney
recommended the two b ands and the certificate of insurance be ap-
proved and filed. Moved by Hart, seconded by Fessman, that the At-
torney s recommendation be followed. Carried, all the Council pres-
ent voting aye.
ATTORNEY CURRAN stated at the last meeting there was an oral pro-
test made against awarding the contract for the swimming pool to
the low bidder. The protest was based on the allegation that the
Registrar of Contractors of the State of California has requested
that persons building swimming pools deal only with a firm, individ-
ual or corporation that has received a special license from the
State. In the opinion of the City Attorney there is no mandatory
requirement at the present time which would compel the City Council
to reject the low bid on the grounds of this protest; it is there-
fore recommended that the protest be denied and that the consider-
ation of bids go forward the same as though no protest has been made.
Moved by Heck, seconded by Hart, that the City Attorney's recommend-
ation be allowed and the matter be referred to the Finance Committee.
Carried, all the Council present voting aye.
ATTORNEY CURRAN stated with reference to the proposed annexation to
National City that at the last meeting there was filed a legal des-
cription which was requested be made a part of a petition which has
been presented earlier and ordered filed. It appears clear that we
have to be precise in taking every step necessary in order to per-
fect any proceedings for annexation. The Council has enunciated in
the past a policy that the City would not go out and actively seek
annexations to National City. This proceeding, in the way it has
been submitted to the Council, in the Attorney's opinion, now raises
the question whether the City wishes to direct the appropriate City
officials to assist the people who are seeking annexation, or wheth-
er the City desires to maintain a "hands off" policy and advise the
people who propose the annexation to seek their own technical advice
on the matter so that the papers which are submitted to the Council
will be in proper order; that clearly is a question of policy which
should be decided by the Council. COUNCILMAN HECK said he feels that
if the proponents of the annexation wish to annex to National City
that the City should make their staff available for technical advice
and information, particularly the Engineering Department. MAYOR
HODGE said he would say that was all right if the information can be
given over the counter, but if it is information that requires a
field crew and an attorney for a lot of research, etc. he would not
agree. COUNCILMAN FESSMAN stated there are many considerations
that enter into this problem, and that he did not think our City
Attorney should give any assistance as far as the legal matter is
concerned, nor the Engineering Dept. do any field work except to
investigate the situation and see what engineering problems arise
as a result of the annexation and advise the Council what expenses
the rest of the City will be put to, and the Council should then
arrive at some certain terms and conditions under which we will ac-
cept their annexation. We should have a report from the Engineers,
possibly a report from the Fire Chief, one from the Street Dept.
and art other that will be involved, so we will know under what con-
ditions we will be annexing the property, if we do want it. COUN-
CILMAN HART said he also feels that if possible we should give in-
formation over the counter, but not put a lot of work on it. COUN-
CILWOMAN HOLLINGSWORTH stated she thought we should adhere to the
policy established three years ago, which was that the Council
5/21 / 57
311
would not ask anyone to annex to the City or make any move to acquire
other areas, and if these people wish to annex, that as far as the
legal and engineering work and the preparation of annexation is con-
cerned, that they should furnish their own talent. After consider-
able discussion, it was moved by Heck, seconded by Hollingsworth, if
the group wishes to circulate a petition for annexation in that area
and present it to the Council, that the Council will give it consid-
eration. Carried, all the Council present voting aye.
BILLS AUDITED BY THE FINANCE COMMITTEE Presented:
General Fund
Traffic Safety Fund
Park Fund
Retirement Fund
aas Tax Fund
Trust & Agency Fund
Special Street Fund
Drainage Fund
Swimming Pool Fund
Payroll Fund
$26,938.17
5,187.66
631.79
2,940.73
68.25
200.00
671.10
1,307.50
838.40
02t..28
TOTAL $73,807.88
Moved by Hollingsworth, seconded by Hart, that the bills be approved,
and warrants drawn for same. Carried, by the following vote to -wit:
Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
RESOLUTION NO. 6955 was read, authorizing and approving the following
expenditures from Capital Outlay Fund: Housing & Home Finance Com-
pany, $6,500.00 sewer facilities; Pace Construction Company, $L,675.95,
sewer extension 13th Street. Moved by Hollingsworth, seconded by
Fessman, that the Resolution be adopted, Carried, all the Council
present voting aye.
COUNCILMAN HART asked permission to leave the State from May 28th un-
til July loth. Moved by Heck, seconded by Hollingsworth, that Council-
man Hart's request be granted. Carried, all the Council present vot-
ing aye.
COMMUNICATION FROM NATIONAL CITY POLICE RELIEF ASSOCIATION was read
stating that Douglas Bagg, a member of the National City Police Dept.
resigned April 21, 1957, and subsequent to the resignation applied
to the Civil Service Commission to be placed upon the eligible list,
pursuant to the rules and regulations. It has come to the attention
of the Association that the Civil Service Commission refused to place
him upon the eligible list and failed to give any reasons for such
refusal. They feel that Douglas Bagg should be placed upon the elig-
ible list in the absence of any valid reasons or objections thereto,
and ask that the Council investigate this condition and see that he is
placed upon the Civil Service eligible list. COUNCILWOMAN HOLLINaS-
WORTH stated she has found out that anytime anyone leaves the City of
San Diego for a better position that they are not put on the eligi-
bility list; the only time they are permitted to have their name put
on the list is in case of illness or if they wish to pursue higher
education that pertains to their position. When a name is put on the
eligibility list that name goes to the top of the list for a period
of one year, and every time there is a vacancy in that department the
Civil Service has to contact that person to find out if they wish to
come back. Mrs. Hollingsworth stated she feels that the Civil Ser-
vice Commission was justified in establishing this policy. COUNCIL-
MAN HART said he felt that it would in many cases save the City quite
a bit of money to be able to fill a vacancy from the eligibility list,
and they should be given the opportunity to be on the list for a per-
iod of one year. COUNCILMAN FESSMAN said he agreed with Councilman
Hart, and that he felt that Mr. Bagg should be placed on the elig-
ibility list. COUNCILMAN HECK stated he did not see why an employee,
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312
when they leave the City for a better position, should be placed on
the eligibility list, and if he wishes to return to the City, he can
take the next available Civil Service Examination and the past ex-
perience will be of great benefit. Unless an employee leaves the City
because of illness or to further their education in their field, he
did not feel they should be placed on the eligibility list. Moved by
Heck, seconded by Hollingsworth, that this letter be forwarded to the
Civil Service Commission for an answer to the Council stating their
reasons. Carried, all the Council present voting aye.
COMMUNICATION FROM MAURICE CARRIa N was read stating he finds it nec-
essary to tender his resignation as the City's representative on the
San Diego County Water Authority. Moved by Heck, seconded by Hol-
lingsworth, that the resignation be accepted, and that a letter of
thanks be sent to him for the service he gave. Carried, all the Coun-
cil present voting aye.
COMMUNICATION FROM THE MILITARY OR??ER OF THE PURPLE HEART, INC., was
read asking permission and cooperation in authorizing an exhibit of
antique and modern firearms and war equipment; this exhibit to be on
public display in National City for a period of a few days some time
during the year, the exact date to be determined later. The money
raised is to be used for the general welfare and hospital work among
our combat wounded veterans and their families. CITY MANA3ER BIRD
recommended this be referred to the Police Department for a report
to the Council. Moved by Hart, seconded by Hollingsworth, that the
City Manager's recommendation be followed. Carried, all the Council
present voting aye.
COMMUNICATION FROM COUNTY BOUNDARY CO.vMISSION was read stating that
the City of Chula Vista intends to annex certain territory delineated
on the map attached to the communication. REPORT FROM CITY ENJINEER
LILL states that this proposed annexation is adjacent to Chula Vista
on the east and does not concern the City of National City. Moved by
Heck, seconded by Hollingsworth, that the communication be filed.
Carried, all the Council present voting aye.
NOTICE OF WATER POLLUTION CONTROL BOARD regarding a meeting May 28th
at 10:00 A.M. in Auditorium of the San Diego Chamber of Commerce, was
presented. Moved by Hollingsworth, seconded by Fessman, this be re-
ferred to the City Manager, and that either he or his delegate attend
the meeting. Carried, all the Council present voting aye.
CITY ENaIN€ER LILL reported that the contract has been signed with
the V. R. Dennis Company for the improvement of 24th Street, and work
should start within ten days unless the utilities delay the project;
the improvements of Scott Terrace Subdivision are practically com-
pleted; the improvements are practically completed in Williams Manor
No. 3 Subdivision and the improvements for Williams Manor No. 4 Sub-
division will start in thF near future.
CITY EN.3INEER LILL reported that the Engineer of Work on the 18th
Street Improvement has a survey crew setting preliminary grade stakes
and alignment at this time so the utilities can proceed with their
relocations.
CITY MANA3ER BIRD reported that the four-way boulevard stop at Palm
Avenue and tth Street has been installed; also that the "Yield Right -
Of -Way" and the boulevard stop at 13th, Montgomery, Harbor Drive and
Cleveland Avenue has been installed.
COMMUNICATION FROM V. WILLARDSON was read requesting permission to
construct and maintain a driveway at 211{.0 "I` Avenue in excess of the
established width. CITY W;ANAaER BIRD stated this has the approval of
the City Manager and City Engineer that the request be granted.
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313
Moved by Hollingsworth, seconded by Hart, that the request for the
oversize driveway be permitted, as approved by the City Manager and
City Engineer, and that it be referred to the City Attorney for the
preparation of a resolution. Carried; by the following vote to -wit:
Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
REPORT OF HEARING OFFICERS, City Manager Bird and City Engineer Lill,
on hearing of Engineer's Report for the Improvement of Wilson Avenue
from 16th Street to 22nd Street, was read. No written protests were
on file and no protests, either oral or written were received. It is
recommended that the project proceed under the 1911 Improvement Act
Procedures. Moved by Fessman, seconded by Hart, that the Hearing Of-
ficers' recommendation be approved and that further progress be pur-
sued on the 1911 Act on Wilson Avenue. Carried, by the following vote
to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
COMMUNICATION FROM DIVISION OF HIGHWAYS regarding the status of 8th
Street in National City, was read. Their files show that the City's
Resolution No. 4793, passed on September 28, 1948, designated a system
of Major City Streets which included 8th Street, from National Avenue
to the east city limits. This Major City Street System was approved
by the Department on February 8, 1949. CITY MANAGER BIRD stated he
checked into this matter and found that when 8th Street from National
Avenue west to Harbor Drive was returned to the City in 1949, the City
Council failed, because of not being informed, to take the necessary
steps to place it bakinto the Major Street System of the City; and in
checking further we found 1-that National Avenue from 8th Street south
to the City limits is in the same category. A resolution has been pre-
pared, for consideration of the Council, to correct that deficiency as
it now stands.
RESOLUTION NO. 6956 was read, "A RESOLUTION OF THE CITY COUNCIL" OF THE
CITY OF NATIONAL CITY, DESIGNATING ADDITIONAL MAJOR CITY STREETS."
Moved by Fessman, seconded by Hart, that the Resolution be adopted.
Carried, all the Council present voting aye.
RESOLUTION NO. 6957 was read, authorizing and directing the following
transfer to be made: From Capital Outlay Fund (Engineering Plans,
Fees) to the Swimming Pool Fund, Account No. 22, the sum of $13,720.00.
Moved by Hollingsworth, seconded by Hart, that the Resolution be ad-
opted. Carried, all the Council present voting aye.
CITY MANAGER BIRD stated he had a complete report of the special sur-
vey of Olivewood Terrace Subdivision; and that following the action
of the Council there has been sent by the designated department to all
of the owners in the Olivewood Terrace Subdivision, an order of 30 days
to comply with the respective ordinances in which they are in violation
of.
COMMUNICATION FROM DIVISION OF HIHWAYS was presented, attached to
which were copies of an order issued under Section 6045 of the Vehicle
Code restricting pedestrians, bicycles or other non motorized traffic
from using Montgomery Freeway.
COMMUNICA-.TION FROM DIVISION OF HIGHWAYS was read regarding the bids
received for the improvement of 24th Street, from Hoover Avenue to
Highland Avenue. The low bid of $60,972.71, submitted by V. R. Dennis
Construction Company, is $4,157.98 or approximately 7.3% in excess of
the Engineer's estimate of $56,81 .73. As recommended by the City,
the Department consents to the award of the contract to V. R. Dennis
for $60,972.71.
REPORT FROM THE PLANNING COiv1MISSION was read relative to tentative map
of Miller Park Subdivision, a seventeenlot subdivision owned by Glenn
Miller, located in the area between Palm and "N" Avenues at 15th Street.
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314
Report from City Engineer Lill advised this map appears to conform
generally to City Requirements, and it is recommended for approval
subject to the installation of all improvements required by ordinance,
and with all necessary rights -of -way obtained for the City. A right-
of-way for sewer and drainage may be required along "N" Avenue, out-
side the subdivision boundaries, probably at 16th Street, and it is
suggested that the subdivider furnish this right-of-way as a 30 foot
half width street. It is also suggested that the subdivider improve
this portion of "N" Avenue with curb and pavement. As the future of
"N" Avenue north of 15th Street is uncertain due to the existing hill-
side terrain, it is suggested that this portion of "N" Avenue be mark-
ed on the subdivision map as "reserved for future street purposes"
and the subdivider grade this area, but not be required to install
improvements on said portion. Report from Fire Chief Bailey advised
that fire protection will be furnished this area as development war-
rants, and requests that one six-inch hydrant be installed on divis-
ional property lines between Lots 114. and 15. The area shown on the
map between Lots 1, 2 and Lot 3 and marked 'not a part of this sub-
division' is upon the request of the subdivider to be incorporated
Into the subdivision as Lot 17. The Planning Commission recommended
approval of the tentative map with the addition of the Engineer's
suggestions, also lot added in as No. 17; curbs to be put in on 15th
Street which the subdivider had indicated he had agreed to do. Moved
by Fessman, seconded by Hart, that the action of the Planning Com-
mission be approved. Carried, by the following vote to -wit: Ayes:
Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None.
COUNCILMAN FESSMAN stated the Harbor Committee will meet in the City
Manager's Office on Friday afternoon.
Moved by Hollingsworth, seconded by Hart, that we have a recess at
this time. Carried, all the Council present voting aye.
The meeting was called to order by Mayor Hodge. Council members
present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members
absent: None.
REPORT OF THE FINANCE COMMITTEE'S MEETING held during the recess, was
read. It was the recommendation of the Finance Committee to the City
Council that the bid of Teyssier & Teyssier, Inc., in the amount of
$374,267.00 with Alternate No. 1, $10,1144.00; Alternate No. 3,
$2,011.00; Alternate No. 6, $1,533.00; total $387.925.00, be accepted.
Moved by Heck, seconded by Hart, that the Finance Committee's recom-
mendation be allowed and the Attorney prepare the necessary resolution
of acceptance, and the Mayor be authorized to sign the contract. Car-
ried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hol-
lingsworth, Hodge. Nays: None.
MAYOR HOD E stated when the resignation of our representative to the
County Water Authority was received, he informed our Water Committee.
The reason for rushing this along is because there is going to be an
election in regard to another aqueduct and the money must be raised
for the election by popular subscription, and the representative to
the area is supposed to form the organization to raise the money, and
the money is supposed to be in by the end of this week. The Committee
recommended that Delavan Dickson be reappointed to the chair as Nat-
ional City's representative, with Charles Kerch as an alternate pro-
viding it was not compatible to Mr. Dickson's present position as an
elected officer. The report is that it is not compatible to his pos-
ition, and he would relinquish it to Mr, Charles Kerch. Mayor Hodge
recommended that the Council appoint Charles Kerch to that position.
Moved by Fessman, seconded by Hart, that Mr. Charles Kerch be appoint-
ed as the City's representative on the San Diego County Water Author-
ity. Carried, by the following vote to -wit: Ayes: Fessman, Hart,
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315
Heck, Hollingsworth, Hodge. Nays: None. Mayor Hodge stated the
term of Mr. Kerch is until May 15, 1959, which fills the unexpired
term of Maurice Carrigan.
Moved by Hollingsworth, seconded by Hart, that the meeting be closed.
Carried, all the Council present voting aye. Meeting closed at 3:12
P.M.
MAYOR, CITY OF NATIONAL CITY, ALIFORNIA
ATTEST:
CITY CLERK
5/21/57