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HomeMy WebLinkAbout1954 05-07 CC ADJ MIN277 National City, California, May 7, 1954 Adjourned meeting of May 4, 1954, of the City Council was called to order by Mayor Hodge at 8:00 A.M. o'clock. Council members present: Heck, Hollingsworth, Jensen; Parchen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Gautereaux, Warwick, Curran, Bird. The meeting was opened with the pledge of allegiance to the Flag, and invocation by Rev. Warriner. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, to which was attached a copy of a letter received from Thomas H. Cosby. It is the recommendation of the Committee that Bill Haaf be appointed to fill the vacancy. RESIGNATION OF THOMAS H. COSBY was read, stating it is with regret that he must tender his resignation and hopes that at some future time he may be of service to the community. Moved by Heck, seconded by Jensen, that the resignation be accepted with regret. Carried, all the Council present voting.aye. Moved by Parchen, seconded by Jensen, that an appropriate letter be written to Mr. Cosby e;._c':-essing our appreciation for the years of service he has Ef.ven. Carried, all the Council present voting aye. .31o1:3T FROM THE TRAFFIC SAFETY COMMITTEE was read, stating it is the recommendation of this Committee that the City of National City pay 25% of the total cost of the signal in- scallation at 30th and Highland. CITY CLERK ALSTON stated the County of San Diego stated their budget envisions that t.ia County's share of the estimated cost of $12,000.00 would e ?9,000.00. COUNCILMAN PARCHEN stated he had requested ,Th.e cost of the signal be investigated as the one at 24th and Yational Avenue cost approximately $5,000.00. CITY MANAGER GAUTEREAUX stated he has not checked this matter as yet. This will be a 1954-55 budget matter, and by the price submitted it is probably an entirely different type of signal than the one at 24th and National. MAYOR HODGE requested this be referred to the City Manager. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, stating it is the recommendation of the Committee that the Mayor issue a Proclamation to the City of National City in accordance with the request of Governor Knight. The request of the Governor was in regard to accidents on the highways , and endeavor to make 1954 California's Safest Year. Moved by Hollingsworth, seconded by Jensen, that the Mayor issue a Proclamation in accordance with the request. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read recommending that the Council adopt the resolution presented by the Division of Highways. This is in regard to the prohibition of parking at all times on the easterly side of South Harbor Drive be- tween the north line of 8th Street and the south line of the Seventh Street Channel Bridge, a distance of approximately 350 feet. ATTORNEY CURRAN stated he would like to have this referred to him and placed on the agenda for the next meeting. MAYOR HODGE so ordered. CITY ATTORNEY CURRAN stated there is a matter of policy he would like to bring up in reference to the law suit which was dis- cussed at the last meeting and the papers served on Mayor Hodge. 5,7 278 This suit of the Baby Candids alleges that the amendment to one of our ordinances which was adopted in 1951 is un- constitutional. The essence of it is that we are now charging 100% more for license to someone who has no fixed or establish- ed regular place of business within the City than those who do have a place of business in the City. Attorney Curran stated he has not had an opportunity to study it, but it appears that this license may be unconstitutional. Assuming that it is, do we want to go through proceedings and have a Court compel us to change our ordinance or to hold it as void, or do we want to voluntarily recognize that a mistake has Ueen made and amend the law itself? Perhaps the Council would not care to make any decision but it can be given some consideration before the next meeting so you are familiar with the fact that it may be necessary to make a decision. ATTORNEY CURRAN stated in regard to State Retirement which was referred to him, last year the Legislature authorized amend- ments with the consent of the local agencies to the State Retirement Act which would permit employees to draw a death benefit and also which would permit employees retirement to he based on the last three years of their service. The question is whether the Council wish to authorize these increased benefits for those City employees who are under the Retirement System. C:=',- CLERK ALSTON stated it is to be based on the three highest yc.rs' average. Moved by Hollingsworth, seconded by Heck, that Attorney Curran be instructed to present a resolution approving is amendment. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. C=rY MANAGER GAUTEREAUX stated in regard to the request of Mrs. Ltiu Devitt for refund of $44.85 paid for paving "I" Avenue between 22nd and 24th Streets, that there were 14 property owners who were listed to pay but only three paid. It was the Manager's recommendation that the refund be made. Moved by Hack; seconded by Jensen, that the refund be gran ed. COUNCIL- M'\N PARCHEN asked Attorney Curran if he ruled thelrefund was legal. ATTORNEY CURRAN stated he did. Carried, by the follow- ing vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER GAUTEREAUX stated the Library Board has submitted a request for the acceptance of a bid on draperies and at the same time the patio furniture. COMMUNICATION FROM THE LIBRARY BOARD OF TRUSTEES was read, recommending the bid of Henry Levy Furniture Company be accepted, also the bid of the Muehleisen Mfg. Co. for patio furniture, and Haaf's bid for staff room furniture, be accepted. CITY MANAGER GAUTEREAUX stated he went over the bids with the Library Board and the bid of the Henry Levy Company was not the lowest bid, however the materials were not as good and the designs as submitted by the other companies were not appropriate for the type of building such as the new Library, and it would also be his recommendation that the bids as above stated be accepted. Moved by Hollingsworth, that the Library Board's and City Manager's recommendation be accepted. COUNCILMAN PARCHEN asked the City Attorney if it is legal to accept a bid that is not the lowedt submitted. ATTORNEY CURRAN stated he would have to examine the bids but it will not hold up anything as you will need a resolution next meeting, so you can vote on the motion to accept the bids as part of the pre- paration of the resolution. Motion seconded by Parchen. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER GAUTEREAUX stated he wished to ask that a resolution 5/4 279 be drawn so that the City of National City may enter into a contract with the Government to pick up trash in the Olivewood Housing Project. Moved by Parchen, that the City Manager be allowed to negotiate for a contract to collect trash in the Olivewood Housing Project with the proviso that he take into consideration the purchase of this project by the City and that the contract so stipulates that it can be cancelled at very short notice. CITY MANAGER GAUTEREAUX stated he is sub- mitting a bid for contract. There was no second to the motion. CITY MANAGER GAUTEREAUX stated it is important that a wage scale be adopted which is pertinent to the construction of the culvert at 12th and Highland. Moved by Heck, seconded by Jensen, that we adopt the City Manager's recommendation, and a resolution be prepared. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the first thing with reference to Mr. Wilson's situation is the fact that he has now presented to the Council an easement which has been duly executed by the three corporations and which would grant to the City a new easement for sewer purposes on property that has been acquired by these three corporations. The first item of business is w'pether or not the Council wishes to accept this easement which being tendered by Mr. Wilson on behalf of the corporations. lei :ed by Parchen, seconded by Jensen, that the Resolution be nca.d. Carried, all the Council present voting aye. '_EF OLUTION NO. 6164 was read, accepting that certain interest °_n 1,20.1 property situated in the City of National City, more p"itiuclarly described in a certain conveyance of easement dated May 5, 1954, from 12th and Highland, Inc., National Center, Inc., and Highland Shopping Center. The City Clerk is hereby tuthorized and directed to receive on behalf of the City said cl.J ':ment conveying said easement and to record same. ATTORNEY (1JF1.'AN stated as an integral part of this Resolution there is corporated a copy, which is a carbon copy of the easement presented, which has a long description, and asked whether the Council wished that read at length. COUNCILMAN PARCHEN saic., as far as he was concerned the heading was sufficient, hower he did not include that in his motion, and moved that the read- ing of the description be waived. Motion seconded by Jensen. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. ATTORNEY CURRAN stated the next order of business is the integral part of the granting of the easement for sewer purposes, which was covered by the last Resolution, the City Council has been asked to abandon a portion of certain sewer easements which have heretofore existed, and that Resolution reads as follows: RESOLUTION NO. 6165 was read, that the City of National City shall and does hereby, vacate and abandon certain portions more particularly hereinafter described of the presently existing easements for sewer purposes on the property herein- after described. That the Mayor and City Clerk are hereby authorized and directed to execute a quitclaim deed, vacating and abandoning said certain portions of the said easements for sewer purposes to the record owner of said property. That said portions of the presently existing easements for sewer purposes and the real property upon which said easements are located are more particularly described in the copy of the auitclaim deed attached to said Resolution. Moved by Heck, seconded by Parchen, that the Resolution be adopted. Carried, all the Council present voting aye. 5/1 280 COUNCILMAN PARCHEN asked whether the first resolution wa►s properly acted on. ATTORNEY CURRAN said he did not know. If there is any question, it is suggested that a motion be made. Moved by Jensen, seconded by Parchen, that the Resolution immediately preceding the one just read, be adopted. Carried, all the Council present voting aye. GUY C. WILSON, Jr., was present, and stated there are still some matters which need clarification and attention. In connect- ion with the construction of the culvert under Highland Avenue, he has at hand now an easement right that would purport to give the City, or the contractor employed by the City, a right to detour the traffic onto the west side of Highland Avenue and around the construction area. Mr. Wilson said he is not sure that the instrument that has been drawn is completely acceptable to the City Attorney and he would like to submit it to him. We have been advised of the fact that a large part of Highland Avenue from loth to 12th Street is still not City property, and we have three deeds prepared that would give title of Highland Avenue to the City and they should be accepted before the title policy is written. In &•.r.ti^ipation of the construction and improvement of loth Street and of the dedication to the City or giving the deeds to the City for the ca.aem nt, or actually the road way, it is quite advisable that we }'rave some access to clear this matter. In order that loth St7e:et can be opened we still have the problem of moving Mr. Siowe's buildings, and those need to be moved to "E" Avenue, and in order to accomplish that "E" Avenue must be widened, and Mr, Wilson has prepared certain deeds which would purport to %e to the City a strip of land which would widen "E" Avenue, he would like to have some help in determining how to proceed with that. Also in the process of improving "E" A-:enue, the extension of the sewer line to enable Mr. Stowe '10 connect, must be determined, and he would like assistance in that. There are two things that have some long time :;;_gnificance that are not ready for action now but that should b•3 followed closely enough so that the Council could be properly advised. One is the exact design -of loth Street as it goes East needs to be discussed so we can be sure that the strip of land that is deeded is going to tie properlyninto the extension of the street on further to the East. We have agreed, and are willing, to take it as far as "N" Avenue, but we cannot go that far until we .know exactly where it should be placed, and the understanding that if we take it to "N" Avenue that the City will take it on to Palm Avenue, and the design of that should shortly be arrived at. There is also the matter of the drain. If some procedure could be set up for the clearing of the problems and questions involved in such a way that a report and recommendation might be made to the Council, by some qualified designated Committee or otherwise, it might be help- ful in saving the time of the Council. Mr. Wilson said he would like to know how to proceed in the formal manner the Council would like. Certain elements are Planning Commission matters, certain of them are engineering matters, certain of them are legal matters. The thing he would like to accomplish is the establishment of some sort of liaison between the sev ral departments so that by committee or otherwise we can draw up what would seem to be the joint recommendations of all the interested departments so that the recommendations, suggestions, etc. of the various departments might be placed before the Council. Perhaps if he could take a little time with Mr. Warwick and Mr. Curran and with the Chairman of the Planning Commission and go into some of these matters, we may be directed as to how we should proceed. MAYOR HODGE said he thought that would be time well spent. ATTORNEY CURRAN st"kte.d 5/7 281 it is his understanding that what Mr. Wilson's suggestion is, there are certain details on which he must have the advice of his attorney and his own architects and engineers, and as they have concrete proposals to suggest to our Planning Commission and our City Engineer, it would be helpful; then when those matters of policy are determined and Mr. Wilson, through his Attorney wishes to check with him, Mr. Curran said he will certainly cooperate to see there are no unnecessary hitches or delays. CITY ENGINEER WARWICK stated he did not believe there is much doubt but that the Council would accept title to Highland Avenue, and wondered if after we get the document from Mr. Wilson that the City Attorney could have the resolution prepared so that it could be adopted at the next meeting. ATTORNEY CURRAN stated the standard procedure is that the deed be presented, which is Mr. Wilson's job, and in order to be acceptable it would have to be technically correct as far as the City Engineer is concerned, and if we have that then we will get the resolution. CITY ENGINEER WARWICK asked if he states it is technically correct could we possibly go ahead with the necessary documents and have them at the next Council meeting if we have the attitude of the Council that they will accept them. ATTORNEY CURRAN said we could providing the Council makes a motion at this time to accept title to Highland Avenue. Moved by Heck, seconded by Hollingsworth, that a resolution be prepared to ;accept that portion of Highland Avenue as offered by Mr. Wilson. Carried, by the following vute to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen; Hodge. Nays: None. COUNCILMAN HECK asked Mr. Warwick, since the City does not own the entire right of way on Highland Avenue what procedure would we have to follow to immediately correet the situation. CITY ENGINEER WARWICK said the first step is persuasion, in other words go out and write the necessary deeds for that portion of Highland Avenue which we do not own and ask the people if they will sign. If they refuse, probably the next procedure would be condemnation proceedings. COUNCILMAN HECK said he thought this matter should be looked into immediately. Moved by Hollingsworth, that the meeting be closed, COUNCILMAN PARCHEN stated at a previous discussion with Mr. Welson it was generally considered that the extension of E. lOth Street to Palm was a problem of using gas tax funds, and we agreed that if loth Street could be designated a major street and gas tax :funds could be used that the Council would consider improving it. We got our gas tax allotment for $78,000.00 and would question whether that would be enough to improve loth Street to Palm. This should very definitely be considered. MR. WILSON stated they are prepared and expect to take loth Street as far as "L" Avenue now. It has been indicated that if they bore the expense of all the acquisition of right of way and all of the filling, all of the paving and all of the improvements of 10th Street to the east end of their property, which would take it to "N" Avenue, that in consider- ation for their doing that the City would take the street from there on to Palm. If the City does not want to do it, and if that previous understanding is now to be countermanded then they need to know it. It will effect the design of 10th Street. If we are to do it to benefit us and do it our way on our property at our expense, we will do it the way we want it. If it is to be tied into the City's program in such a way that it will be best engineered for the City's purposes then we would like to tie into it. COUNCILMAN PARCHEN said his purpose in bringing up the extension of loth Street was to point out to the Council their limited funds. MR. WILSON said they are 5/7 282 prepared to pay three -fourths of the cost of taking the street from Highland Avenue to Palm Avenue, and it SeemS a reasonable request that the City take it from there. If the City does not wish to do this we should be advised so we can adjuet our plans accordingly. Councilman Heck seconded the motion that the meeting be cloned. Carried, all the Council present ,doting aye. MiaYOR, CITIZ OF NATIONAL -CITY, CALIFORNIA 5/7