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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- 5/21/57 310 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, 5/21/57 312 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. 5/21/57 313 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. 5/21/57 314 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, 5/21/57 315 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