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HomeMy WebLinkAbout1954 07-13 CC ADJ MIN11 National City, California, July 13, 1954 Adjourned meeting of July 6, 1954, of the City Council was called to order by Mayor Hodge at 8:30 A.M. o'clock. Council members present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Curran, Holgate, Warwick, Wagner, Gautereaux, Bird. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by City Manager Gautereaux. CITY MANAGER GAUTEREAUX reported that the Engineer had re- ceived three bids for the improvement of "E" Avenue from 12th Street to loth Street. The bids are as follows: Ray's Dump Truck Service, $1,374.50, El Cajon Granite Company, $2,332.00; Butterfield Nelson, Inc., $2,902.80. It was the recommendation of the City Engineer and City Manager that the bid be awarded to Ray's Dump Truck Service. CITY ENGINEER WARWICK stated he has not been able to get the deeds for the right-of-way and he questioned the City's right to improve the area without the necessary deeds. Moved by Heck, seconded by Jensen, that the bid of Ray's Dump Truck Service for the grading and improving of "E" Avenue be accepted, and a resolution be prepared and the work be commenced upon receipt of the necessary deeds. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM DIVISION OF HIGHWAYS was read, regarding a project statement setting up a program from gas tax funds accrued or accruing for the 1955 fiscal year. In accordance with their agreement $2,500.00 is being set up to defray the City's share of the cost of lighting at Montgomery Freeway and 13th Streets Tidelands Avenue, $1,000.00 for surveys and plans; and $29,000.00 for construction. It is their understanding, and it would be in order, that this work is not to be undertaken until 1955 as plans could not be completed, advertise and award contracts for construction and have the work done before the winter season. It will also be necessary to include Tidelands Avenue in the major street system. Additional funds are being programed for 24th Street construction, which added to those previously budgeted amount to a total of $50,000.00. In accordance with the Council's wishes $20,000.00 has been added to 18th Street construction, thereby making the gas tax contribution to this project a total of $60,000.00. The last item is $31,000,00 for general maintenance of the City's streets for the fiscal year ending June 30, 1955, and available only for maintenance expenditures between July 1, 1954, and June 30, 1955. Some changes have been made in the figures as discussed on March 24th, but the amount allotted have been altered only in the case of 24th Street. COUNCILMAN HECK and Councilwoman Hollingsworth thought the most important thing to do at this time is to contact Mr. Beuthel and have another meeting with him, and at that time perhaps we can reach an agreement as to where we can apply the funds and get some project completed. Mr. Heck asked that City Manager Gautereaux contact Mr. Beuthel and arrange a meeting with the Council. COMMUNICATION FROM MR. BEUTHEL. was read, regarding the improve- ments of Tidelands Avenue for which funds are being budgeted by the City in the 1955 fiscal program. Tidelands Avenue is not a major street and it will be necessary for the City Council 7/13 12 to adopt a resolution adding Tidelands Avenue to the major street system, as follows: Tidelands Avenue from 13th to 24th Street. Moved by Hollingsworth, seconded by Heck, this be laid over to let the City Planner come in with a recommend- ation. Carried, all the Council present voting aye. CITY PLANNER WAGNER stated he believed the resolution referred to by Mr. Beuthel is in the form of an interim resolution to add to the system of streets of major importance this one street, which will make it available for gas tax funds. It should be definitely shown on the master street plan as a major street. COMMUNICATION FROM E. W. BLOM, ASST. CITY MANAGER, City of San Diego, was read, regarding the cost of sewage transmission and disposal serviee provided the City of National City by the City of San Diego. The cost has recently been reviewed and analyzed on the basis of the 1954-55 budget. No revision of the existing agreement is proposed until such time as their costs dictate that a rate change is necessary and proper. COMMUNICATION FROM THE COUNTY OF SAN DIEGO was read, regard- ing an agreement between the County and the City for use of jail facilities. It requested this agreement be approved by the Council. They will forward at a later date a form of resolution for the Council's consideration. COMMUNICATION FROM THE OFFICE OF CIVIL DEFENSE was read, re- garding the purchase of radio equipment, generators, etc. CITY MANAGER GAUTEREAUX stated the items were the trans- mitter receiver Motorola that was for the Fire Dept., also three portable Motorolas for the local Civil Defense for radio communications, generators, etc., making a total of .4,840.00. The Federal contribution in this would be 2,420.00. Moved by Hollingsworth, seconded by Heck, this be tabled until the next meeting. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read; re- garding the status of 19 persons employed by the Federal Government in the operation of the Olivewood Housing Project. Due to their Civil Service status now with the Government it would be to their benefit to reapply within the District for a transfer if the City does not signify its intention. COUNCIL- MAN HECK thought the City Manager should be instructed to confer with the management and to ascertain how many employees wish, if their jobs were terminated under Federal Civil Service, to come into the City's Civil Service and take the necessary steps to prepare an eligibility list. COUNCILWOMAN HOLLINGSWORTH stated Mr. Warwick has just informed her that if we do not okay Tidelands Avenue as a major street in a resolution it will hold up all the funds of the gas tax money. Moved by Heck , seconded by Jensen, that the City Attorney be authorized to prepare a resolution stating that Tidelands Avenue is a major street. Carried, by the follow- g vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hoii gQ . Ya” : None. CITY MANAGER GAUTEREAUX stated that Mr. Beuthel just called regarding the project statement for the 1955 gas tax program and since it involves contribution for lighting at lath Street the lighting is being held up because the agreement has not been returned. Moved by Heck, seconded by Hollingsworth, that the funds, as allocated, be accepted and that the Mayor sign in his official capacity. Carried, by the following vote 7/13 13 to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY MANAGER GAUTEREAUX stated that Mr. Hall, the County Traffic Engineer, has requested that a letter be sent him concerning the Council's attitude regarding the installation of a traffic light at 30th and Highland Avenue. COUNCILMAN HECK stated he made a motion some time ago; that the City of National City will participate with the County for the signal light, the expenditure not to exceed $3,000.00. REQUEST OF CHARLES M. DAVIS to cancel agreement, was presented. CITY MANAGER GAUTEREAUX stated at the present time the per- formance bond as requested of Mr. Davis has not been delivered. Moved by Parchen, seconded by Jensen, that Mr. Davis be notified that upon cleaning up of the dump to the satisfaction of the City, the City will agree to cancel the agreement. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen; Parchen, Hodge. Nays: None. THE MATTER OF PALM VALLEY PARK DEDICATION was presented. Moved by Heck, seconded by Jensen, that the City Engineer be instructed to prepare the necessary property boundary for the dedication of Palm Valley Park. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: Parchen. AMENDMENT TO CIVIL SERVICE ORDINANCE was presented. MAYOR HODGE said he would entertain a motion that this be tabled as it will take a lot of discussion. Moved by Hollingsworth, seconded by Heck, that the City Employees Association submit a recommendation on the proposed ordinance; that the City Planner be included in the unclassified service; and a re- commendation from the City Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she was requested by Councilwoman Hollingsworth, to put on the agends the authorization to call for bids for finishing the Fire Station grounds. Moved by Hollingsworth, seconded by Heck, that bids be let for finishing the Fire Station grounds. Carried, by the following vote to - wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. CITY CLERK ALSTON submitted reports on the opening of 4+th Street from the Eleventh Naval District, Division of Highways, and the Atchison, Topeka & Santa Fe Ry. Co. Moved by Parchen, seconded by Jensen, that the reports be referred to City Planner Wagner. Carried, all the Council present voting aye. APPLICATION FROM LORRAINE K. FRANKLIN to move a building from 1800 Block on Hancock Street, San Diego, to 1909 National Ave., was read. COUNCILMiAN PARCHEN excused. Moved by Hollingsworth, seconded by Heck, that the application be granted subject to the recommendations of Building Inspector Bird in his report. Carried, all the Council present voting aye. Moved by Jensen, seconded by Parchen, that the address on the moving applications be included on the agenda. Carried, all the Council present voting aye. APPLICATION FROM JULIUS W. GOERTZEN to move a building was read. Moved by Heck, seconded by Jensen, that the application 7/13 14 be granted subject to the recommendations of Building Inspector Bird in his report. Carried, all the Council present voting aye. APPLICATION BY SOUTH BAY AMUSEMENT CENTER, 999 National Ave., for on -sale general alcoholic beverage license was presented. Report from Police Chief Harry Smith recommended that the license be denied. Moved by Jensen that the Council protest the issuance of the license. Motion died for lack of second Moved by Hollingsworth that the license be approved by the City Council. Motion died for lack of second. MAYOR HODGE ordered the application filed. CITY CLERK ALSTON announced the meeting of the League of Cities to be held at the Coronado Yacht Club Friday evening. ROSELAWN AVENUE IMPROVEMENT was presented. Report from Eng. of Work Byrl D. Phelps was read, recommending the proceedings proceed on the amended figure submitted by Mr. Phelps. Report from City Eng. Warwick was read disapproving the recommend- ations of Mr. Phelps. Moved by Hollingsworth, seconded by Jensen, that the Council not deviate from Ordinance No. 855 in regard to the 1911 Act Proceedings on Roselawn. Carried; by the following vote to -wit: Ayes: Hollingsworth, Jensen, Hodge. Nays: Heck. Absent: Parchen. Moved by Jensen; seconded by Hollingsworth, that the 1911 Act Proceedings on Roselawn be abandoned. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth Jensen, Hodge. Nays: None. Absent: Parchen. HARBISON AVENUE IMPROVEMENT was presented. Report from Eng. of Work Byrl D. Phelps was read, recommending that the proceed- ings be amended to improve Harbison from Division to 4th Street and exclicgdthg certain lots. Moved by Hollingsworth, seconded by Jensen, that the 1911 Act Proceedings on Harbison Avenue between 4th & 8th Streets be abandoned. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. CITY PLANNER WAGNER reported that Harbison Avenue is on the San Diego master street plan as a major street, in future planning, and he recommended that if sidewalks were to be installed that allow- ance be made for a 82 foot street. Moved by Hollingsworth, seconded by Jensen, that a resolution be prepared granting the petition to improve Harbison Avenue from Division to 4th Street, excluding certain lots, and that the Engineer be authorized to submit a description. Carried, all the Council present voting aye. Moved by Heck, seconded by Jensen; that a resolution be prepared directing postcard notices be mailed to property owners in the district. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that it was all right to proceed with a tax sale on Lot 16, Block 234, City Plat. Moved by Heck, seconded by Jensen, that City Attorney Curran be author- ized to prepare a resolution authorizing a public auction tax sale on Lot 16, Block 234, setting the minimum bid at $100.00. Carried, all the Council present voting aye. ORDINANCE NO. annexing National Vista No. 4 to the City of National City was presented for the first reading and read in full. OITY PLANNER VAGNIER r comn ndec'. for pr:parQ„tion a. -cg "esSive planning program which he submitted for approval. CITY CLERK ALSTON reported that Ducommun Metals have completed their building and there is a deed for 14th Street which is to 7/13 15 be returned to them when the building is completed. Mrs. Alston requested that the matter be referred to City Attorney Curran for recommendation. The Mayor so ordered. COUNCILMAN HECK inquired as to the progress of the 1911 Act work on "K" Avenue from 18th to 24th Street. Moved by Hollingsworth, seconded by Jensen, that the Traffic Safety Committee make a study as to whether signal lights should be installed at the following locations: 8th & Roosevelt; loth & National; 8th & Palm. Carried all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH asked City Manager Gautereaux if he had located Robert Leslie. The Manager stated he had turned it over to the Police Dept. and has not as yet received their report. COUNCILWOMAN HOLLINGSWORTH inquired about the progress in.re- modelling the Planner's quarters. City Manager Gautereaux stated that it was progressing nicely. CITY ATTORNEY CURRAN reported on the Bay Corridor as to date. The research that has been done indicates a special procedure which has been adopted by the legislature to authorize a City to determine what its true boundaries are, when that is in question, as it is here. In such event the City can file a petition with the Superior Court and the presiding Judge of the Superior Court would then appoint three Judges to act on the petition which would be filed and the Municipalities which would be affected in this instance, both San Diego and Coronado would have an opportunity to answer the petition; and as a part of the petition appropriate data such as maps, descriptions and other exhibits would be submitted to the Court. That is on the procedural side. The research further indicates this is something that has come up before between the City of Alameda and the City of Oakland, and those of you who are familiar with those two cities know there is a body of water known as the estuary which separates those two cities and the question that came up between those cities went back to the original corporation about 1852 of the town of Oakland prior to the City of Oakland and for many many years apparently the two cities has acquiesced in the boundary between the two cities which was the middle of the estuary. However there was language over the various series of in- corporation which indicated that rather than the center of the estuary itself being the true boundary the center of the deep water was the boundary line. Accordingly the City of Oakland had certain facts produced wherein if it were the center of the deep water channel rather than the center of the estuary, Oakland would have jurisdiction over a greater portion of the estuary than they had been exercising, so that question eventually went to the Supreme Court of the State of California and the ultimate holding in that case was that by the doctrine of acquiescence the City of Oakland which was the petitioner, was claiming more than had been acquiesced in, was foreclosed from as of the date of their petition trying to extend their boundaries to what they con- tended was the true boundary, being the center of the deep water channel rather than the actual center. Mr. Curran stated that all of this has come up so fast that it hasn't been possible to go beyond that point. However those facts should be sub- mitted to the Council for their condideration immediately before we proceed further because it puts a different aspect on it then the Council has been considering, particularly r1.nce the suggestion had been made that perhaps the thing 7/13 for National City to do would be to bring an injunction proceedings. Although my office hasn't gone into it, I am not prepared to say that National City would be foreclosed from bringing an injunction proceedings, there are certain indications which have to be followed through, the Legislature having established a special procedure, that would be the exclusive procedure and would be the only one that National City could bring in order to determine its true boundaries. To date that is as far as we have gone but I think in the short time this matter has been referred it has produced enough real vital information both on the procedure and on the substantive law, that it should enable the Council to determine where you want to go from here. I have also ascertained from the City. Clerk that San Diego has the question of the annexation of the Bay Corridor on their agenda for Thursday of this week, July 15th. It might be possible to attend that meeting and hold up the procedure. Through their City Attorney's office they have advised us that they are taking this action. To date the matter has been discussed by National City, nothing however either has been authorized officially and therefore no official action could be taken setting forth National City's position. Because of the time element involved and because of the fact that the preliminary research indicates things which were not known to National City heretofore it would appear to be well to authorize one or more persons to formally appear at that meeting and when the matter is called on the San Diego City Council agenda to officially advise the City Council of San Diego that the matter is under study and it requires further study, and that National City as a matter of courtesy be given the opportunity to explore the situation. It would appear that a plea could be made to the City Council of San Diego that this matter not go forward until the entire matter has been explored and to make certain if it were possible for Coronado, National City, Sdn Diego and Chula Vista to agree on boundaries in the Bay that probably the result would be much more lasting and the expense involved would be much less. Moved by Heck, seoonded by Jensen, that' - the Mayor and City Attorney be instructed to appear before the San Diego City Council, in their official capacity, at the meeting Thursday, July l5th, and state that National City has the matter under advisement, and in the interest of harmony we would request their delay in any action that might be upset at a later date by Court decision. Carried, all the Council present voting aye. COUNCILWOMAN JENSEN stated she was appointed to serve on the Park and Recreation Advisory Board and that she has a daughter who is working part time in the Recreation Department, and asked the Attorney if that would have any affect on her position on the Board, ATTORNEY CURRAN stated that legally there is nothing to prevent Mrs. Jensen from acting on the Advisory Board. COMMUNICATION FROM OFFICIAL BOARD OF THE FIRST METHODIST CHURCH was read, protesting the proposed plan of limiting the parking time to two hours on "C" Avenue between 8th and 9th Streets. COTJNCILWOMAN HOLLINGSWORTH stated she thought the City Engineer and City Planner should be consulted in this regard. Several years ago the Church wished to add to their present structure and they came before the Planning Commission and were told that they had to provide off street parking. They now wish to add some more to the Church and they do not have off street parking. Moved by Hollingsworth, seconded by Jensen, this be referred to the Planning Commission and that the Church be instructed to provide off street parking or they cannot add to their Church. Carried, all the Council present voting aye. 7/13 17 REPORT FROM CITY MANAGER GAUTEREAUX was read regarding the contract agreement between the City of San Diego and National City for the repair and maintenance of radio equipment and recommended that the City enter into this agreement. Moved by Heck, seconded by Hollingsworth, that the City Attorney be instructed to prepare a resolution authorizing the Mayor to sign the agreement. Carried; by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen, CITY PLANNER WAGNER stated that the matter of deannexation of the Corridor will be discussed by the City of Coronado at their meeting this evening. Moved by Jensen, seconded by Heck, that the Mayor and City Attorney appear at the Council meeting tonight in Coronado and explain the position of National City at the present time. Carried, all the Council present voting aye. Moved by Heck, seconded by Jensen, that the meeting be closed. Carried, all the Council present voting aye. wa4a MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ST: CITY CLERK 7/13