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1955 08-25 CC ADJ MIN
53 National City, California, August 25, 1955 Adjourned meeting of August 16, 1955, of the City Council was called to order by Mayor Hodge at 9:00 A.M. o'clock. Council members present: Fessman, Heck, Hodge. Council members absent: Hollingsworth, Jensen. , ADMINISTRATIVE'OF^ICIALS »resent: Alston, 'bird, Holgate, Palley, t'agner, Curran. The meeting was opened with salute to the Flag, followed by invocation by Mayor Hodge. COUNCILL'OUFN HOLLINGS"07TH and JENSFINT present. CLAIM filed by Anne T. Mosley in the amount of ? 5,000.00 was presented. Moved by Heck, seconded by Jensen, this be re— ferred to the City Attorney and Insurance Carrier for action. Carried, all the Council present voting aye. RE"OTUTION NO. 6468 was read, "A RESOLUTION AND 07D77 n^ THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFO77IA , ELECT— TING TO ''AY OUT OF MUNICIPAL FUNDS FIFTY REF C"NTUM (50) OF THE YNJYYT OF TAX ''CTI_CH "TOULD OT''^''7"IS:; BE LEVIED UT'ON 77O7F7TY ''ITHIN SAID CITY OF NATIONAL CITY 7Y AND FOR THE l'ET" y^OLITAN "ATFR DISTRICT OF SOUTHF''ft C ^LI"ORT'TIA, FOR THE FISCAL YEAR "FGIN^TING JULY 1, 1955, AND ENDI7G JUN^ 30, 196, AND RROVIDING FOR THE ^AY 'NT THI FOF". Moved by Heck, seconded by'Hollingsworth, that the "esolution be adopted. Carried, all the Council present voting aye. A recess was declared at this time. The meeting was called to'order by Mayor Hodge. Council members present: Fessman, Heck, Hollingsworth, Jensen, Hodge. Council membera absent: None. ORDINANCE NO. 888 was read, "ORDIN�.NCE DETE„-INING AMOUNT OF RTIr^rTU-- TEC,9eA7v FROM F''OP RTY TAXES FOR STJRPO7T 07 ITS DERARTTF'NTS .AND TO ^AY FONDED IITDEBTEDN^Fr OF'CITY OF NATION— AL CITY, CALIFORNIA, FOR FISCAL YEA'_' 1955-56", t:re s read in full. Moved by Heck, seconded by Hollingsworth, that the Ordinance be adonted, Carried, by the following vote to — wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays: Jensen, RE^OLUTION NC. 6469 was read, fixing the tax rate at '1.59 for the fiscal year 1955-56 as follows: General Fund x .88 Library Fund .21 Park Fund .235 Retirement Fund .15 Sinking Fund #6 .025 Sinking Fund '�8 .09 1.59 , Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, by the following vote to —wit Ayes: Fessman, Heck, Hollingsworth, Hodge. Nays:_ Jensen. RESOLUTION NO. 6470 was read, appointing the City Engineer as Engineer of Work for the proposed improvement of "R'" Avenue between 18th end 21st Street, also to act es Super- 8/25 54 intendent of :Streets in connection with said improvement. Moved by Heck, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6471 was read, appointing Robert 0. Curran a.s Attorney to prepare all resolutions, notices and other papers and proceedings for any work and improvement that may be hereinafter authorized by the City Council for the proposed improvement of "K" Avenue between 18th and 21st Streets, and setting, forth the compensation Robert 0. Cur- ran shall receive for the doing and performance of said work. Moved by Heck, seconded by Jensen, that the Resolu- tion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6472 was read, adopting scale of prevailing wage rated in connection with the »reposed_ improvement of "K" Avenue between 18th and 21st Streets. Moved by Hol- lingsworth, seconed by Jensen, that the Resolution be a- dopted. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH stated that sometime during the Legislative Session there was a proposal that no longer would it be necessary for a City to have to publish the wage schedule, that they were only required in the speci- fications. ATTORNEY CURRAN stated we do not have that information as yet, as the County and the Library did not get information on the bills until last week and it is just a few days ago that that information_ became available. If that bill goes through it would become effective Septem- ber 7th. CITY MANAGER RIRD stated we have received notifi- cation from the League of Cities that they will send us the list of bills which were passed that are applicable to this administration. RESOLUTION NO. 64?3 vas read, designating the National City Star News as the newspaper in which shall be published all notices, resolutions, orders or other matters required to be published in connection with the proceedings to be Ilea and taken for the doing of the work and improvement of "K" Avenue. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6474 was read, "RESOLT.TTION ORDERING THE WORK" in regard to the proposed improvement of UK" Avenue between 18th and 21st Streets. Proposals or bids shall be delivered to the City Clerk on or before 3:00 P. M., September 19, 1955, which said time and place is hereby fixed as the time and niece of a public meeting at which public meeting said bids will be publicly opened, examined and declared by the City Clerk. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6475 was read, "RESOLUTION DIRECTING WORK TO RE DONE UNDER THE DIRECTION OF THE CITY ENGINEER", with reference to the 1911 Act Project on "K" Avenue between 18th and 21st Streets. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6476 was read, "RESOLUTION DIRECTING ASSESS- MENT TO RE PREPA74 D AND SIGNED ^Y CITY ENGINEER", with refer- 8/25 55 ence to proposed improvement of ttK" Avenue between 18th and 21st Streets. Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION,NO. 6Lk77 was read, an»raving and accenting the cancellation and rescission of that certain lease dated November 8, 1950, by and between The National Dry Kiln and Processing Company and the City of National City, and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of stational City. Moved by Jensen, seconded by Hollingsworth, that the Resolu- tion be adoTted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated that the City Manager and he had been requested to work on a master lease for the tj.d©lands, and as a result they have some items in the lease of The Nation- al Dry Kiln & Processing Company which were not included in the previous lease. The sliding scale was eliminated. This lease is for five years with, option to renew. RESOLUTION NO. 64.78 was read, approving the proposed lease to become effective on September 1, 1955, by and between the National Dry Kiln & Processing Company and City of National City, and the Mayor and City Clerk -are authorized and directed to execute the same for and on behalf of the City. Moved by Hollingsworth, seconded by Jensen, that the Resolution be ado'-ted. Carried, all the Council pre- sent voting aye. RESOLUTION NO. 6479 was read, rejecting all bids received for construction of street, alley and drill yard improve- ments at the Fire Department Station. Moved by Heck, se- conded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye: RESOLUTION 70. 6480 was read, ordering the issuance of a permit to Standard Oil Company of California to construct and maintain driveways at the Northwest corner of 8th Street and Highland Avenue. Moved by Hollingsworth, seconded by Jensen, that the Resolution be adopted. Carried, all the Council present voting aye. , RESOLUTION NC. 6h81 it e read, transferring from the Special Gasoline Tax Fund to the General Fund the sum of n'719.0; also transferring from the General Fund to the Special Street Fund the sum of 20,000.00. Also on the lst day of each month hereafter, during the fiscal year of 1955-56, there be, and hereby is, transferred from the General Fund to the Special Street Fund the sum of `10,000,00. Moved by Hol- lingsworth, seconded by Jensen, that the Resolution be a- dopted. Carried, all the Council present voting aye. COUNCILUOMAN JENSEN inquired about funds for the proposed new swimming pool. CITY MANAGER ?BIRD stated that 60,000.00 has been transferred to Capital Outlay. ite are appropriating t120,000.00 for the swimming pool and at the end of the year we will transfer the balance of the 120,000.00. COUr?CIL- UOMAN JENSEN thought that perhaps a consultant architect should be hired. Moved by Heck, seconded by Jensen, that the sum of "719.50 be transferred from the General Fund to the Special Street 8/25 56 Fund, and the necessary resolution be prepared. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Jensen, Hodge. Nays: None. CITY CLEEK ALSTOtT presented a bill'in the amount of 29,94.1.66 to the Metropolitan T.Tater District, for a nroval. Moved by Hollingsworth, seconded by Jensen, that the bill be a.nroved, and warrant ordered drawn for same. Carried, by the follow- ing vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jen- sen, Hodge. Nays: None. CITY MANAGER PI''D stated We advertised for bids for two trucks but no bids were received. Moved by Hollingsworth, seconded by Heck, that since no bids were received, and it, was duly advertised, the City Manager he emrorered. to Pur- chase the trucks at the best price he can obtain. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hol- lingsworth, Jensen, Hodge. Nays: None. REPORT FROM CITY MANAGE:? BID was read in regard to Susan Manor Subdivision. A conference T.ws held August 17, 1955, between City Engineer Lill, City Manager Bird and Juan Kirkpatrick, Mr. Kirkpatrick will attempt to get the 37 feet lying Meet of his subdivision, If same cannot be obtained Mr. Lill will recommend denial of acceptance of the subdivision for the reasons as stated in communication of July 26th. If Mr. Kirkpatrick is successful in obtaining said 37 feet he will grant to the City an easement of 37 feet along, the T,resterly line of his subdivision and City will accent the easement subject to the following condi- tions; Mr. Kirkpatrick will excavate channel to -provide a 100 square foot flow area. Grading_ _of said easement channel will be nominal #,ough grade. Bank_protection will be provided. by Mr. Kirkpatrick at lower end of his nronerty if necessary, Hr. Kirknatrick will provide adequate fences along Easterly line of said easement. In regard. to Eighth Street bridge it was agreed enlargement of bridge is City's responsibility, If bridge is enlarged by the City before the subdivision is complete and/or within one year from date of completion, Mr, Kirkpatrick will extend sidewalk, curb and gutter as his part of bridge. If City does not so enlarge bridge within said time, Mr, Kirkpatrick is released from any responsibility of continuing sidewalks, curb, etc. over same. Further, if City enlarges bridge of a type which does not recuire.__sidewalks, curbs and gutters, Mr.. Kirkpatrick in- currs no responsibility relative to same. Hr. Kirkpatrick will provide contours and grading plan as required by com- munication. He also agrees to carry on map channel align- ment between 8th street bridge and Harbison Avenue culvert as nearly as practical showing elevation points at begin- ning and end. COMMUNICATION FROM CITY ENGINEER LILL dated August 22nd was read stating that Mr. Kirkpatrick informed him that he will obtain the 37 foot wide strip of land that lays between his proposed subdivision and the City boundary and will offer this to the City for drainage purposes, as proposed in the meeting of August 17th. Mr. hirkpatrick has informed the City Engineer that he will proceed immediately with development of the subdivision if the City will accent the drainage easement end if the City will extend the bridge at Eighth Street, The bridge is of steel, concrete and mas- onry construction and is approximately 14 feet in span and 16 foot in half width. An extension in width of 24 feet to the property line would be required. The cost of this ex- tension is estimated at 'i6,000.00. It is the Engineer's 8/�5 57 recommendation that the City agree to accent such an ease- ment, that the City agree to accept the responsibility to extend the bridge, and that he be authorized to advise Mr. Kirkpatrick to this effect, so that he may proceed with the subdivision. CITY MANAG R'RIRD stated this is'also his recommendation, Moved by Heck, seconded by y Jensen, that the City Manager) s recommendation be allowed. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAGER BIRD stated he thought we should obtain a con- sultant architect who is a speciality on narks and Wools. Moved by Heck, seconded by Jensen, that the City Manager be emrowered to obtain the services of the necessary consul- tant architect to start the preliminary work on the swim- ming pool in Palm Canyon Park. Carried, all the Council rresent voting aye. CITY MANAGE? "IRD reported that we here a, netiticln for 1911 Improvement work on 20th Street from -inn Ness to the East- erly boundary of the City andthat it is signed by 56.6a1 of the owners of the frontage. It is the recommendation of the City Engineer and City Manager that the retition be ac- cented. Moved by Heck, seconded by Jensen, that the City Managerts and City Engineeris recommendation be allowed and the necessary resolution be prepared for the 1911 Improve- ment Act work on 20th Street from Van Ness to the Easterly boundary of the City. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY TANAGER BIRD stated that since the 1911 improvement Act work on Drexel and Clairmont Avenues have been abandoned the neonle in that vicinity want those streets made passable, and he would like to know the Councilts wishes in thin regard, We are going to have to do something, and asked if the Coun- cil would wish to have the streets oiled as a temporary measure. C0`Jl\TCiL ..T0` AN HCLLINGSw0PTH stated she thought' the Council has a de±inite resronsibility to fix the streets in that subdivision, as the City accepted them. Moved by Hol- lingsworth, seconded by Hodge, that the City Manager be auth- orized to have the/�( streets oil treated at the least expense to the City. COTTNCII2T N HECK stated he is not in accord. C^'1PTCIL' yN FESS:TAN stated that the City accented Coolidge Avenue and it needs oiling. COUNCILMAN HECK said he thought a. bond issue should be rlaced on the ballot in April for street improvement. Motion lost by the following vote to wit: Ayes: Hollingsworth, Hodge. Nays: Vessman, Jensen, Heck. CiTY MANAGER PIT') asked the Council what they wished him to do with those streets. COUNCTLMAN 7707 suggested City participation in some of the 1911 projects. COTr,;.CIL;..C, ;T JENSEN excused. COUNCILwO AN HOLLINGSwORTH asked what the estimated cost was for the improvement of Clairmont and Drexel. Mr. Simonds of the Engineering Department stated it is `',25,720.19. COuN-. CILMAN ^EC__ stated that possibly the City should start bear- ing the cost of the intersections. CITY =Ac7R 71- D stat- ed in the past the City paid for the cost of the intersections on a number of 1911 Act Projects. MAYOR HODGE stated he did not think the price of the assessment is as important as getting the individuals to understand the nroblem. It is a Public relations problem more than a Price nroblem. CCVN- CILMAN FESSNAN was in accord with Mayor Hodge. IAYOR HODGE 8/25 said he thought the City should nut a'good salesman on the payroll or hire a right of way expert, and that everybody who owns prorerty in the area petitioning for improvements should be contacted, MR. SIMONDS suggested that some City employee circulate the petition. COUNCILUOI`AN HOLLINGSSTORTH asked if the Council at this time would want to set up a policy of helping out on intersections on these 1911 Acts, and when there is a request for a 1911 Act in any area that a City representative be the one to contact these people. COUNCILi"AN HECK said he thought the City should participate. MAYOR HODGE said he thinks it is a lack of understanding of the people involved. COUNCILMAN F SS AN suggested that the City delegate some City employee who is capable to go out and explain_ the situation to the nrorerty owners. COUNCIL - MAY HECK questioned whether or not that since this is an adjourned meeting of August 16th that we rescind the action taken to abandon the 1911 projects. ATTORNEY CURRAN stated that although this is an adjourned meeting the action taken at the meeting of August 16th was definite and specific, and with reference to those narticular projects we have no jurisdiction and for one year we can do nothing. CITY MANAGER BIRD asked if it would be advisable in regard to the petition for the work on 20th Street to carry out the thoughts of the Council and have e.representative contact the signers on that petition. COUNCILMAN HECK stated he does not feel that the City should have the right of way man obtain the signatures on the petition but if the petition is presented that an employee of the City who is familiar with the 1911 procedure should contact everyone who signed the petition and explain the procedure to them. Mr. Heck said he would like to see the City establish a policy on all 1911 Act improve - meats that they participate in the cost of the intersections and have a right of way engineer or city employee, designat- ed by the City Manager, to make the contacts. IL YOF HODGE suggested this be laid over until the next meeting to give a little more time to study the situation, and that we get the true facts coming in from these protests. COUNCILMAN FESS1AN,said he would like City Manager Bird to give the Council a figure as to how many intersections there are in the City, and that he too thought this should be laid over. Moved by ressman, seconded by Hollingsworth, that any in- formation, facts and figures be presented at a future meet- ing. Carried, all the Council present voting aye. CITY MANAGER BIRD stated_that four department heads have declared their intention to attend the League of Cities Conference in San Francisco. Chief Bailey wishes to at- tend either the League Conference or a meeting in Omaha which has to do with the telephone alarm system, and would like to know which meeting the Council wishes him to attend. Moved by Heck, seconded by Fessman, that Fire Chief Bailey be given permission to attend the conference in Omaha with expenses raid. COUNCILT'.TOIAN JENSEN present. Notion Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Jensen, Hodge. Nays: None. CITY MANAGER BIRD stated it is the recommendation of the City Attorney and himself that the present Business License Ordi- nance be amended along the line of thinking of the Council, that a new ordinance not be introduced, but that the pre- sent existing ordinance be amended, changing the one thing which the Council has against the ordinance, namely the e- 8/a5 59 lamination of gross sales and using the number of employees as a basis of establishing the fees. Also that another ordi- nance controlling solicitors be introduced. The Council should decide how mach they wish to charge per employee. COUNCILWOMAN HOLLINGSTURTH stated she was one that wanted a change in_the ordinance, that she was opposed to basing the fees on gross sales, but in view of the__fact that we have a number of people doing a huge volume of business in the City, we would get more revenue if we operated under our present ordinance rather than based. on the number of employees; and that the City Attorney amend any section of the present Business License Ordinance that has been de- clared unconstitutional. COtTNCILMDi r.-SS= =,I, stated from the standpoint of many manufacturing concerns the basis of charging for the number of employees is not very agree- able. COU`�TCIL?'OMAN HOLLINGSOPTH stated that according to the report of the City Treasurer if we charged ter emrloyee all the small businesses in the City would. be paying the larger tercentage. CO'?I\TCITZAY HECK sta.ted.he did not like our present ordinance and was in favor of working toward getting a uniform typ of business license. COT'CILPA^T. FESsMAY said he would agree charging 1.00 per employee, but not n2.00 or' 3 OU, a'id that he would.like to see some- thing done whereby those who operate on. fiscal year basis would be granted 60 days after closing of their books in which they can atr:ly for a business license. COUTCILmAN HECK said he would go fcr the per employee basis but that_ he thought . `1 .00 ter employee is too low. Moved by Hol- lingsworth, seconded by Jensen, that this be laid over un- til the next meeting with the recommendation that Mr. Bird find out from the City Treasurer what the revenue would be on el.00 and 2.00 basis per emrloyee vs gross receipts. Carried, all the Council present voting aye. CITY iAPA0ER BIRD asked if it is to the department heads who will HODGE asked if the tickets could and `20.00 a day be given, since orized by the Council allowable. the City Clerk see if we can get the airline companies and report at the next meeting. AT- TORNEY C7,7AN stated it is important that the City get the exemption we are entitled to and that a revolving fund could be set up. If the Council so desires, the City Manager and City Attorney would have time to work out the details of setting up a revolving fund by the next meeting which would be in time for those wishing' -to attend the League Conference. Moved by Hollingsworth, seconded by Jensen, that the City _ Manager and City Attorney work out the details of setting up'a revolving fund. Carried, all the Council present vot- ing aye, COUTCIT2q0MAN J .NSEN asked permission to leave the State as she will be absent for the next Council meeting. MAYOR HODGE_ granted. permission. possible to advance funds attend conferences. MAYOR not be bought by the City that is the amount auth- Mr. Hodge suggested that a credit card at some of Moved by Fessman, seconded by Jensen, that the meeting be closed. Carried, all the Council present voting aye. Meet- ing closed at 12:20 p.m. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CITZ, CALIFORNIA 8/25