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HomeMy WebLinkAbout1956 01-17 CC MIN179 National City, California, January 17, 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. otclock, Council members present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council members absent: None. ADLI'?I3TRATIVE OFFICIALS present: Alston, Bird, Lill, Wagne?, H.olgate, Curran, Gautereaux. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Erny. Moved by Jensen, seconded by Fessman, that the minutes of the regular meeting of January 10, 1956, be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that a street light be installed at the inter- section of Division and "J". Moved by Hollingsworth, seconded by Jensen, that the recommendation of the Traffic Safety Committee be approved and referred to the City Manager for action. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY C0M iITTFE was read recommending a cross walk at 8th Street and Paradise Drive. Moved by Heck, seconded by Jensen, that the Traffic Safety Committee's recommendation be approved and referred to the City Manager for action. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read requesting the Council send a letter to Mr. Colvin and Mr. Finnerty of El Toyon School commending them for their work in the past in connection with their Junior Patrol and re- questing that the Patrol be kept, especially at 8th Street and Palm Avenue. CITY CLERK ALSTON stated she thought it should be Division Street and Palm Avenue instead of 8th Street and Palm Avenue. COUICILWOIJAN HOLLINGSWJRTH asked that this be laid over for a correction in the recommendation. REPORT FROM THE TRAFFIC SAFETY CO1'4MITTEE was read regarding a request from the Orthodox Presbyterian Church to install directional signs, It was the committee's recommend- ation that this matter, being similar in nature to a previous request by another church, be referred back to the City Council for action. Moved by Hollingsworth, seconded by Jensen, that the City Manager investigate where the signs are to be installed and whether they will cause any traffic hazards, and if they do not that the request be approved. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH reported that James Jenkins, Chairman of the Traffic Safety Committee is very ill in the Mercy Hospital, and suggested that a "get well card" be sent from the City Council. Moved by Heck, seconded by Jensen, that a card be mailed. Carried, all the Council present voting aye. RESOLUTION NO. 6547 was read, approving and accept- ing the grant of easement made and executed by the United States of America on the 13th day of June, 1955, covering a parcel of land for street purposes for improvement of Tide - la nde Avenue, between 13th and 19th Street, and the City Clerk 180 is authorized and directed to record said grant of easement. Moved by Heck, seconded by teessman, that the Resolution be adopted. Carried, all the Council present voting aye. RE33JTTION NO. 6548 was read, finding and determin- ing that as of December 31, 1955, the sum of 04,909.60 re- presents 90 of the value of the unpaid work performed by C. S. Williams pursuant to his contract for construction of drill yard improvements at the Fire Station, and that the progress payment pursuant to said contract is hereby author- ized and ordered. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6549 was read, approving a lease of parcels 3B and t}.A of National City Tidelands to Tarter, Webster & Johnson, Inc., and the Mayor and City Clerk are authorized and directed to execute said lease. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all Council present voting aye. ORDINANCE NO. "AN ORDINANCE ANE,_;DING OFtDI: ANCE NO. 707 AND ORDINANCE N 6, A1D IMPOSING A PENALTY FOR PAYMENT OF DELINQUENT FEES", was presented for the first reading, and read in full. ATTORNEY CURRAN reported that the American Surety Company of New York has issued a certificate of insurance showing that Pace Construction have bodily injury liability insurance in the limits of $100,000.00 and 000,000,00, and Swett and Crawford have issued a certificate indicating that the same parties have property damage insurance to the extent of $25,000.00. The certificates appearto be in order and satisfiosthe requirements of the contract for construction of a sewer line on 16th Street, and it is re- commended they be approved and filed. Moved by Heck, second- ed by Fessman, that the City Attorney's recommendation be allowed. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated that several times in the past he has reported on certain actions in the United States District Court, particularly on the part of F. E. Thibodo. The City Attorney has participated in a hearing, the result of which Judge Solomon set aside a stipulation which National City together with the County of San Diego and certain individuals entered into whereby certain sums in the year 1947 were paid to National City as delinquent taxes. It is a very involved problem and it is getting more involved. The United States Attorney's office yesterday saw fit to serve on the City Attorney papers noticing a motion which had originally been set for Monday, January 23rd and has now been advanced to January 13th by which the Federal Government seeks to make National City a party to the action which Mr. Thibodo has brought against the United States Government. In the opinion of the City Attorney this motion should be vigorously opposed. The City has already been put to considerable annoyance regarding this matter which the City thought was closed a long time ago. The City has been paid the money. The net effect of becoming a party if the outcome is unfavorable would mean that the City would have to possibly make a refund of some of the money that was paid pursuant to the order of court in 1947. The City is already a party to some of these other proceedings and this is simply one of the many actions in which the City was not namsda party. 1/17 181 It appears, however, in order to protect the interest of the party that the City will have to appear and do its best to be relieved of defending this action. The City Attorney requested authority to appear in this matter which is entitled F. E. Thibodo, plaintiff, vs United States of America.. e<J.3 No, 1030, S. D. Civil, United States District Court, Moved t-r 7eek, seconded by Fessman, that the Attorney's recommcnda:r ,00 allowed, and he be permitted to appear in the suit. .s requested. Carried, by tho following vot to -wit: Ayes ° Pessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None, BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund. Park Fund Retirement Fund Payroll Fund TOTAL '49, 314.50 4,5h5,76 2,707 -, 23 2,208,.01 27,867.03 57,142.53 Moved by Hollingsworth, seconded by Fessman, that the bills be approved for payment, and warrants drawn for same. Carried, by the following vot to -wit: Ayes: Fossman, Heck, Hollingsworth, Hodge. Nays: Jensen. COMMUNICATION FROM STATE DEPARTMENT OF PUBLIC WORKS was read, stating that Suction 194 of the Streets and Highways Code provides that gas tax funds shall be apport- ioned to incorporated cities on the basis of population shown by the last Federal census. If a city has incorporated or annexed unincorporated territory since the last census, the number of registered electors therein is multiplied by three to establish the population. The Registrar of Voters reports that there are 49 registered voters in Millers Annexation; multiplying this number by three gives a cal- culated population of 144.7 in the annexed territory; therefore this additional population will be used in the January 1956 apportionment of funds. REPORT OF CITY TREASURER for December, 1955, was presented and ordered filed. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by Shep's Cafe, 40 Main Street, was presented. Moved by Jensen, seconded by Heck, that the application be filed. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER 0i OFF SALE BEER & WINE BEVERAGE LICENSE by Steven's Market, 234 Highland Ave Ue, was presented, Moved by Jensen, seconded by Heck, that the application be filed. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE BEER LICENSE by 21 Club, 21o5 National Avenue, was presented. Moved by Jensen, seconded by Fessman, that the transfer be allowed. Carried, all the Council present voting aye. NOTICE OF HEARING by Public Utilities Commission in tho matter of the application of San Diego Gas & Electric Company, Authorizing it to increase the rates charged for 1/17 183 not like to put the sidewalk adjacent to the curb. Mr. Lill said he would be willing to help investigate this problem and come up with the best solution we can for the City as a whole, but we should try and retain that two feet minimum distance from property line to the side edge of the sidewalk. MAYOR HODGE said he would definitely hate to see the Council go into a project of correcting what it believed to be a mistake, to which Councilman agreed. COUNCLLi"1AN FESSMAN stated he had objected to the City accepting loth Street without sidewalks, that is on the east side of Highland Avenue. The children walk to school in the street on loth Street, and he thought the City should reopen that matter and notify the property owners that the time has come to put in sidewalks. COUNCILMAN HECK stated that Mr, Guy Wilson appeared before the Council and promised to move those park- ing barricades they have on the South side of the South Bay Plaza to provide for a full five foot sidewalk, and to date they have not been moved back, and said he would like to have the matter checked by the City manager. Moved by Fessman, seconded by Jensen, that the City notify the owners of the property there to put in a sidewalk according to the City+s speo- ifications, concrete sidewalks five feet wide. COUNCILMAN HECK stated the Council on acceptance of loth Street did agree at that time, with Mr. Wilson present, t tat by his moving back the automobile barricades the full five foot width of a side- walk that it would be satisfactory with the Council, and Mr. Wilson did a -toe that any future development of that area. they would nut in white concrete. Due to the fact that the Council has concurred on it he cannot agree -Ghat .,ao should require the South Bay Plaza Company to put in whto concrete sidewalks. Motion lost, by the following vote to -wit: Ayes: Fessman, Jensen. Nays: Heck, Hollingsworth, Hodge. COUNCILWOMAN JENSEN inquired of the City Engineer how the districting of Highland Avenue was progressing. CITY EHGIN =;R LILL stated the maps should be completed within a week or so, Moved by Heck, seconded by Hollingsworth, that the City Manager write a letter to the South Bay Plaza Company notifying them that we wish to have, in accordance with their agreement, as represented by Mr. Guy Wilson, that they pull back the automobile barricades to the full width. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we have a sidewalk ordinance which requires a five foot sidewalk primarily de- signed and based years ago on 36 foot travelways on a 60 foot street and L.8 foot travelway on an 80 foot street. We have had a change in our travelling and have gone to 40 feet in residential, which in turn has left us but 10 and 10. It becomes apparent that we should investigate the possibilities of changing the sidewalk width ordinance wherein each and every plan which is designed should be treated as a specific project and approved by the City Council. Mr. Bird recommended that Engineering, Planning and Management be ordered to make a survey and bring in a report 'if, they c.tsaary ¢l; eel - in the ordinances. Moved by Fessman, seconded by Hollingsworth, that Engineering and Management be authorized to make further studies if possible without delaying the project to move that curb out the length of the property line, and see if the width of the sidewalk area cannot be increased in that area before the job starts. This is with reference to the improvement of Tidelands Avenue. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Jensen, that the 1/17 184 City Managers recommendation for the City Planner, City Engineer, and City Manager to bring in a report on side- walks and also an ordinance that would give us some leeway in treating each street and subdivision according to top- ography, parkways, etc., be allowed, and that they come in preferably with an ordinance that will allow a little more flexibility to treat with each individual instance. Carried, all the Council present voting ayo. CITY MANAGER BIRD stated in regard to the Tidelands Avenue situation raised by Councilman Fessman, today the Council passed a resolution accepting a part of that street which is the first prime requisite so that we now can proceed to negotiate further, which we are doing, with the United States Government through the Navy Division of Property so that we can get more ground to widen that street adequately at the foot of 13th Street. CITY MANAGER BIRD stated in May 1955 the City Manager was, by action of the Council, required to make certain applications relative to aid from the Federal Government on 8th Street, and after numerous conversations, and applications with a complete brochure, subsequently fil- ing traffic counts, as requested, a communication has been received from C. C. HARTMAN, Commandant, Eleventh Naval District, also a MEMORANDUM FROM CHIEF OF TRANSPORTATION addressed to the Chief of the Bureau of Yards and Docks which state:?. that since the information furnished by the Bureau of Roads indicated the .pr,):=err.-�.. of Eighth Street cannot be considered a Federal respc;Ei.ty ,t this time, no further action on the proposed inrpro aLc,nt is being contemplated. COUNNCILWOMAN HOLLINGSWORTH sated we want Sixteenth Street done, and they did not close the door on us on that street. CITY MANAGER BIRD stated they want us to do it with our own funds, however, we will carry further in our application and go back again to the Navy and see what we can do on Sixteenth Street. C%'',iv1?EICATIOI\j. FROM THE NATIO AL FOO DATION FOR INFANTILE PARALYSIS was read, stating that on Sunday, January 29, 1956, at 2:00 P.M. we will stage our fourth annual March of Dimes Parade. Mrs. Paul Clark has given permission to use the lot between 1022 and 1040 National Avenue, and would like the City to erect a reviewing stand on this lot for use during the parade. Moved by Fessman, seconded by Jensen, that the request be granted. Carried, all the Council present voting aye. COMMUNICATION FROM THE NATIONAL FOUNDATION FOR INFANTILE PARALYSIS was read, stating the March of Dimes Committee would be honored if the Council members would participate in the parade by riding in an official car. REPORT FROM CITY ENGINEER LILL in regard to bids on the fencing of Paradise Creek Channel, was read. Four bids were received as follows: PACIFIC FENCE COMPANY, 2,089.00; UNITED STATES STEEL, CYCLONE FENCE, 2,197.00; ATLAS IRON & WIRE WORKS, $2,200.00; AZTEC FENCE COMPANY, 02,474.00. It is recommended that the contract for this work be awarded the low bidder, Pacific Fence Company. CITY MANAGER BIRD recommended the resolution be prepared accept- ing the bid and authorizing the proper authorities to sign the contract. Moved by Hock, seconded by Fessman, that the City Manager's recommendation be allowed, and the Pacific Fence Company be awarded the contract. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. COUNCILMAN FESSMAN stated it is his understanding that due to the fact the price for this work was just over $2,000.00 it was necessary to advertise for bids, and that the $2,000.00 limitation was placed many 185 years ago when things were much cheaper than now, and in- asmuch as it is so expensive to advertise, etc. to call for bids on some of these items over "$2,000.00 that it would be wise if the City would request our Legislator to got some legislation passed to raise that limitation. Moved by Fessman, seconded by Jensen, that the City Attorney or the City Manager be requested to write to our Legislator and ask that he investigate and try to get such a law passed. Carried, by the following vote to -wit: Ayes; Fessman, Beck, Hollingsworth, Jensen, Hodge. Nays: None. MEMORANDUM FROM CITY ENGINEER LILL was read re- garding refund to Ets-Hokin & Galvan of deposit on plans. Ets-Hokin & Galvan were the successful bidders for the traffic light installation at 4th and 24th Street on Highland Avenue, and also for the traffic light installation at loth Street and Highland Avenue, This Company has applied for refund of the two deposits of $10.00 each and it is recommended that the refund be allowed. Moved by Heck, seconded by Jensen, that the refund be granted. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jenson, Hodge. Nays: None. REPORT FROM ENGINEERING DEPARTMENT was road stating that Dan E. Pace has completed the installation of the 16th Street sewer extension from "M" to Palm Avenue. This in- stallation 'aas c.r_ 'n;;pected and is c'-ur(7<3ca r.roveded that the City will remove 'Ai'Aie excess dirt at r� >„�+E, �,��e etreet. Under this condition it is recommended tLat Council accept the project and authorize payment a3 eet .forth in the contract. The total amount due is $3,064.20, No progress payments have:; been made as of this date. Payment is recommend- ed as follows: 90% of amount due upon acceptance of the project, $2,757.78; 10% of amount due 35 days after accept- ance of the project and filing of notice of completion, $306.42 CITY MANAGER BIRD recommended acceptance. Moved by Jensen, ^ ;ec:ad d by Fessman, that the rd t;T Manager's recommendation ae accepted. Carried, b;; tie fallowing vote to -wit: Ayes: Fessman, Heck, Hollingswueech. Jensen, Hodge. Nays: None, CITY MANAGER BIRD reported that pursuant to the request of the Council relative to Parcel 1 and Parcel li`1 as proposed for sale by the Federal Government he contacted Mrs. Faye Hartman, head of the public Housing Administration, and members of her staff, and found that there are three pro- cedures which the City can follow: 1. The City can make a bid the same as any other person. 2. The City can allow the property to be sold and at a later date when of necessity they need the property, to institute condemnation. 3. The City can acquire the property by certain resolutions: 1. A resolution of necessity; 2. The opinion of the City Attorney to the effect that the public need is within the scope as set - forth by the Municipal Code in relation to our incorporation, in this resolution stating that the City would pay the ap- praised value would then be forwarded to Washington, D. C. and would be given priority and we would then come into possession of the property. Mr. Bird stated after going into the matter thoroughly and taking the Engineering Staff, it is recommended that we forego the matter in its entirely at this time. COUNCILMAN HECK stated that inasmuch as it is deemed that it might be necessary for future use of drainage he questioned why we do not attempt to follow procedure number three and pay the appraised price for the parcel. CITY MANAGER BIRD stated if the Finance Committee wish to lay this matter 1/17 186 over so that w€ would be in a position almost immediately to give the Government an indication of what we propose to do then the matter would clear itself up. Moved by Heck, seconded by Jensen, that the matter be laid over and referred to the Finance Committee. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a report from the Finance Committee relative to the application of the Richmond West 0i1 Terminal Company for a lease for 108,900 square feet of tidelands, and it was the recommendation of the majority of the Finance Committee that we submit a proposal of a lease to the Richmond West 0i1 Terminal Company for three years at 1% per square foot, subject to conditions; one of the condit- ions would be that the tanks would be for dry storage only, that the area would be fenced as a safeguard and that the lease would be terminable on an ninety day option of either party, and any further negotiation would have to be worked out, such as easements for pipelines or any future dockage. Mr. Bird requested that the City Attorney be authorized to prepare such a document for submittal to the Richmond West Oil Terminal Company. Moved by Jensen, seconded by Fessman, that the City Manager's request be granted. Carried, by the following vote to -wit; Ayes: Fessman, Hollingsworth, Jensen, Hodge. Nays: Heck. REPOT FROM THE PLANNING COMMISSION was road stat- ing that the term of office of Commissioners S. 0. Granger and W. E. Christman expire as of January 21, 1956. It was the recommendation of the Commission that the first choice would be for reappointment of the two retiring commissioners. Second choice would be to consider the names of James Stevens, 504 "I" Avenue and Dale Faris, 13L4 "L" Avenue, and Louis McMains, 425 E. 3rd Street. Knowing the Council's policy of not reappointing commissioners, the above recommendation was based on the following thinking; neither Commissioner has served an entire four year term, Commissioner Granger having served twenty -ono months and Commissioner Christman having served six months; a tremendous amount of study and work has been done by these Commissioners on the proposed zoning ordinance and subdivision ordinance, which has had public hearings, but which has not had final recommendation to the City Council. We feel it would place an extreme hardship upon a new member to force him to take action on these ordinances without the past knowledge of the discussions and public hearings. Also, National City has obtained the honor of having the President of the San Diego County Planning Congress chosen from this City by the December election of Commissioner Granger to this position. Since a member of this Congress must be an active Planning Commissioner this honor would revert to tho City of Coronado with the expiration of Commissioner Granger's term of office. MAYOR HODGE stated he would like to ask the indulgence of the Council for per- mission to deviate from this policy in this particular case for the reasons as stated in the report of the Planning Commission. Moved by Heck, secondod by Fessman, that the policy of the Council in reappointing members be deviated in this particular instance with reference to Commissioners G ranger and Christman. Motion carried, by the following Vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen. COUNCILWOMAN HOLLINGSWORTH stated she would like to call to the attention of the Council some people from National City who have received recognition, and that it would be well 1/17 187 for the Council to recognize them. Moved by Hollingsworth, seconded by Jensen, that the City Clerk send a letter to Mr. Granger from the City Council congratulating him on his election as President of the San Diego County Planning Con- gress; also a letter to Mr. George V. Johnson who has been appointed to the Chairmanship of the San Diego County Plan- ning Commission; and to Mr. David W. Bird who is now the Chairman of the Board of Supervisors. Carried, all the Council present voting aye. MAYOR HODGE requested that he be given consent of the Council to reappoint Mr. Granger and Mr. Christman to the Planning Commission. Moved by Heck, seconded by Hollings- worth, that the request be granted. Carried, by tho follow- ing vote to -wit: Ayes: Fossman, Heck, Hollingsworth, Hodge. Nays: Jensen. COUNCILWJMAN JENSEN inquired how the report on the Fire Department is progressing as she has a big report of her own. CITY MANAGER BIRD stated at the present time we have completed interviews and transcripts of 16 members of the Fire Dept. and 3 more to testify. There is a possibility that we may have to make inquiry of 13 ad.citional. We are doing everything possible to expedite it. MAYOR HODGE reported on some of the meetings he has attended recently, certain things of which are of in- terest to the Council. At the meeting of the San Diego Tourist Convention Bureau the subject was in regard to San Diego Fiesta Days, of which he is one of the Directors. Mr. Hodge stated it is his belief that this will be a great success and bring people from the Western states to San Diego and National City should plan to do all they can to accept them as guests and show off our City as much as possible. He also attended the Board of Directors meeting of the San Diego Division of the League of California Cities, of which the Mayors of all the cities in San Diego County aro the directors and he was elected Vice President. There was a discussion in regard to uniform wages in the various cities in the County and this was asked to be placed on the agends for the City Managers' meeting Friday, January 20th. MAYOR HODGE stated there also was a discussion in regard to our taxes and our appraising has been let to the County, but people come to the City Treasurer and other City officials inquiring about the appraised value of their property. There will be a group of meetings that will be sot up by Mr. Eddy, County Lssessor, so that every local government will be in a position to answer any questions which people may ask regard- ing appraisals, and a representative from National City should be authorized to attend these meetings, and requested that he be given permission to appoint the City Treasurer to this position. MAYOR HODGE stated he attended a meeting with the Mayor and City Manager of San Diego in regard to the Metropolitan sewer discussion, and in this discussion it was sug;_estod that each City designate a member to attend the meetings for information, etc. and suggested the City Manager be appointed to this position and allow him to appoint his own alternate. Moved by Fessman, seconded by Heck, that the recammendations of the Mayor be accepted. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH excused. 1/17 188 Moved by Heck, seconded by Jenson, that the meet- ing be closed. Carried, all the Council present voting ayo. Meeting closed at 3:28 P.M. ATTEST: MAYOR, CITY OP Nf,TIOP',IL CITY, C;.LIFORNIA CITY CLERK