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HomeMy WebLinkAbout1953 09-15 CC MIN54. National City, California, September 15, 1953. Regular meeting of the City Cou.ncil was called to order by Mayor Sarn at 7:30 P.M. o'clock. Councilmen present: Campbell, Carrigan, McClure, Parchen, Sarn. Councilmen absent: None. Moved by Carrigan, seconded by Parchen, that the reading of the minutes of the regular meeting of September 1, 1953, and the adjourned meeting of September 8, 1953, be dispensed with. Carried, all Councilmen present voting aye. ADMINISTRATIVE,OFFICIALS present: Alston, Bailey, Campbell, Gautereaux. HERBERT A. BARNES was present and questioned Mayor Sarn about the meetings of the Insurance Agents Association. GLENN WALDEN, 2904 Division Street, was present in regard to the rental policy for the Memorial Bowl to the Boy Scouts. CITY MANAGER GAUTEREAUX stated this matter was referred to the Park & Recreation Advisory Board for their recommendation, but no report has been received from them as yet. MAYOR SARN stated this was discussed at the meeting of the Advisory Board but no official action was taken on it as some thought they should be charged just for the hourly time. CITY MANAGER GAUTEREAUX stated there has not been a minimum charge established for such occasions, and would suggest a flat rate of $5.00 per hour to such organizations using only the Bowl, lighting and possibly the use of the public address system. Moved by Carrigan, seconded by Parchen, that the City Manager's recommendation be followed in regard to the $5.00 an hour schedule, and that it be made retroactive to take care of Mr. Waiden's case. Carried, all Councilmen present voting aye. MAYOR SARN requested the City Manager to send Mr. Walden a corrected bill. THE .MATTER OF THE CULVERT CONSTRUCTION at 12th and Highland was presented. ATTORNEY CAMPBELL stated there has been no satisfactory conclusion reached, and suggested it be laid over until the next meeting. MAYOR SARN requested that the opening of bids for the construction of the culvert be held up until the next meeting. SURETY BOND of Floyd Finnerty was presented. ATTORNEY CAMPBELL stated there was no other bond for faithful per- formance on Mr. Finnerty and the bond is approved as to form. Moved by Parchen, seconded by McClure, that the bond be accepted. Carried, by the following vote to -wit: Ayes: Campbell, Carrigan, McClure, Parchen, Sarn. Nays: None. REQUEST OF HIGHLAND AVENUE BAPTIST CHURCH for permission to erect a tent, was presented. ATTORNEY CAMPBELL stated the report of both the Building Dept. and the Fire Chief is there are certain regulations which must be complied with, and if they erect a tent and comply with the safety con- ditions, it could be done, and he would recommend, if the Council wishes to grant this permission that they grant it to the Church as long as they can comply with all safety and building regulations. Moved by Carrigan, seconded. by Parched, that permission be granted, contingent on the approval of the Fire Chief and the Building Inspector. Carried, all Councilmen present voting aye. 9/15 55 REPORT FROM CHIEF OF POLICE on beverage license of Ken's Market, 429 Palm Ave., was presented. ATTORNEY CAMPBELL stated the report gives no grounds for protest so none was filed, the time has elapsed and recommended the applic- ation be filed. MAYOR SARN ordered the report and applicat- ion filed. ORDINANCE NO. , an ordinance regulating installation and removal of curbs, sidewalks and providing for permits and inspections upon any public street or alley, was presented for the second and final reading. Moved by Carrigan, seconded by McClure, that only the heading be read. Carried, by the following vote to -wit: Ayes: Campbell, Carrigan, McClure, Parchen, Sarn. Nays: None. ORDINANCE NO. 851, "AN ORDINANCE REGULATING THE INSTALLATION AND REMOVAL OF CURBS, SIDEWALKS AND PROVIDING FOR PERMITS AND INSPECTIONS TJPON ANY PUBLIC STREET OR ALLEY WITHIN THE CITY OF NATIONAL CITY AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF." Moved by Parchen, seconded by Carrigan;, that the Ordinance be adopted. Carried, all Councilmen present voting aye. COUNCILMAN CARRIGA, Chairman of the Finance Committee, appointed Councilman Campbell as a member of the Committee„ COMMUNICATION FROM THOMAS H. COSBY was read, expressing his appreciation and thanks to each and every department head, employee, board and commission member of National City, for the many kindnesses extended to him personally and to the Post Office Department. MAYOR SARN ordered the communication filed. COMMUNICATION FROM FIRE CHIEF BAILEY was read, recommending that one six inch hydrant be installed on the Northwest corner of 19th Street and Harrison Avenue, and one six inch hydrant on the Northeast corner of 19th Street and Tidelands Avenue. Moved by Parchen, seconded by McClure, that the recommendation of the Fire Chief be adopted. Carried, all Councilman present voting aye. PROGRESS REPORTS OF DEPARTMENT HEADS for the month of Aug•st were presented. Reports were received from the Engineering Department, Building Department, Planning Commission Street Department, Sewer Department, Park Department, Library, and Recreation Department. Moved by Carrigan, seconded by Parchen, that the Police Department also be included in the list of departments who are to furnish monthly progress reports. Carried, all Councilmen present voting aye. MAYOR SARN requested the City Manager to notify Chief Smith re- garding the report of his department. COMMUNICATIONS FROM MEMBERS OF TAXPAYERS ASSOCIATION re- lative to the Chamber of Commerce budget were read from the following: Mrs. Emma Holley, Mrs. Mary E. Rhoads, Herbert A. Barnes, S. Kodish, Mrs. Ethel Bishop, Harold L. Jensen, Jr., Mrs. Betty Edelen, Dorothy F. Jensen. All communications approved the stand the Council took in this regard. The communications were ordered filed. MAYOR SARN announced that it was 8:00 P.M. o'clock and the continued hearing on the closing a portion of Wilson Avenue and a portion of 12th Street would be held at this time. No one was present objecting to the closing. MAYOR SARN 9;15 56 continued the hearing to October 6, 1953, at 8:00 P.M. o'clock, as the program hap not been completed. MAYOR SARN announced that the bids for the Library and Fire Station would be opened at this time. The following bids were received: CONTRACTOR Chamco Constr. Co. E. A. Ries R. J. Hortie Teyssier & Teyssier J. P. Bender, Jr. Demac Constr. Co. C. A. Larsen Constr. Lee J. Morgan B. 0. Larsen L. C. Anderson Co. Riha Constr. Co. 0. 0. & R. E. Maurer LIBRARY & FIRE STATION 1 9.2.9.00 1$3,000.00 136, 900.00 183,221.00 18o,000.00 193,400.00 171,339.00 184,500.00 193,500.00 188,158.00 $179, 900.00 LIBRARY $1' 7,135.00 115,795.00 121,200.00 118,588.00 118,200.00 $106,862.00 r17,596.00 22,800.00 FIRE STATION $68, 8' 5.00 68,325.00 67e600.o0 64,633.00 65,000.00 64,977.00 66,931.00 67>42o.00 p71,900.00 $112,650.00 $67,408.00 MAYOR SARN requested that the bid of C. A. Larsen, which is the lowest, be referred to Mr. Bradt and Mr. Ga:tereaux for checking and have them make their recommendation before the close of the meeting. ATTORNEY CAMPBELL stated that Chief Smith has submitted a letter to the City Manager with an agreement for the mainten- ance of radio eq:ipment operated within the City. We have had this same type of contract for two years, but it has not been checked. Moved by McC1.tre, seconded by Parchen, this be referred to the City Attcrney for checking. Carried, all Councilmen present voting aye. COMMUNICATION FROM M. E. STAFFEN requesting an extension of one year on his permit to use the tidelands, was presented. ATTORNEY CAMPBELL stated the present permit expires October 16th and a $500.00 bond is on file. MAYOR SARN questioned the advisability of leasing the land for one year. MR STAFFEN was present and stated the reason for reo .estion an extension of one year is that the cost of the bond is the same for one year as it is for six months, and the terms of the permit provide that either party can cancel the permit by giving 30 days notice. Moved by Carrigan, seconded by McClure, that the reque$t of Mr. Staffen for an extension of one year be approved with a clause that it can be cancelled upon 30 days notice. Carried, all Councilmen present voting aye. RESOLUTION NO. 6019 was read, approving an agreement between M. E. Staffer, and the City. Frank J. Sarn, Mayor, is authorized and directed to execute the same. Moved by Carrigan, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. REPORT OF CITY TREASURER for month of August, 1953, was presented and ordered filed. COMMUNICATION FROM CITY TREASURER HOLGATE was read, regarding advance payment of refuse bills. 0n Jan_)ary 1, 1952 the refuse rate was raised from $1.50 to $2.00 for two months, and at that time it was brought to the attention of those concerned that a number of people had paid in advance and 9/15 57 have bills marked paid. It is requested.that the Council come to a decision on the $1.50 difference on the bills which were paid in advance at the time of the raise. COUNCILMAN PARCHEN asked the City Attorney if he did not at one time make a ruling that this was not legally refundable. ATTORNEY CAMPBELL said he did, and that he knew of no authority of any official to allow a person to prepay their bills, give them a paid receipt and then tie the hands of the Council when they are establishing a rate. The payment of money in advance was done to simplify the bookkeeping and the people had a receipt marked paid in full for one year. However, the City is not bound by the receipt of a City official unless it is authoriz- ed by law and the ordinances and resolutions provide only -for a monthly payment, and most of the people have recognized that fact. It is his understanding there are six accounts that have not been paid. Mr. Campbell said it is his opinion that it is not legally correct to authorize the Treasurer to strike this off from the bill, and that she has no right to do it of her own accord. Moved by Carrigan, seconded by Parchen, this be referred to Attorney Campbell to collect. Carried, all Councilmen present voting aye. CHARLES C. CHERNEY, 1630 McKinley Avenue: was present in re- gard to the charge of $1.00 a month for the collection of rubbish. Previously the landlord had paid for this service at 750 a month but has stopped paying and turned it over to she tenants so that each one must pay $1.00 a month, and it is his feeling and that of the other tenants that the price is too high. COUNCILMiN CARRIGAN said he thought Mr. Cherney's probicriwas with the landlord, he should contact him and get him to include it in the rent. COUNCILMAN PARCHEN suggested that Mr. Cherney propose a price to the Council. MR. CHERNEY stated he was representing the other tenants also and that a fair price for the 12 units would be ; 4.00. Moved by Parchen, seconded by Carrigan, that the bid of $4.00 be denied, and that Mr. Cherney be charged $1.00 per month. Carried, all Councilmen present voting aye. COMMUNICATION FROM ELLEN BAEDER, LIBRARIAN was read, request- ing a three months leave of absence without pay for Mrs. Cornelia Buye, Children's Librarian, on recommendation of her doctor. This leave will begin on September 14 and will terminate on December 14, 1953. Moved by Parchen, seconded by Campbell, that the leave be granted, without pay. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, request- ing permission to advertise for bids for one four-door.$edan which he feels is necessary in executing the duties of the City Manager. COUNCILMAN McCLURE asked if Mr. Gautereaux had any particular make of car in mind. MR. GAUTEREAUX said he did not. COUNCILMAN CARRIGAN stated that in the near future, or perhaps now, certain City owned automobiles are going to be traded in and it might be well to check into this and it may be possible to find one that is in reasonably good condition and use that instead of buying a new car, MAYOR SARN requested that Mr. Gautereaux and Chief Smith get together and bring in a report at the next Council meeting. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, request- ing permission to call for bids for the moving of the old Kiwanis Bldg. from its present location to a point East of "A" Avenue approximately 100 feet on the bottom area which is now the soft ball grounds. It is Mr. Gautereaux's belief that the logical place for the present shuffleboard building, oil 58 with an addition to it, also the courts should be where the present Kiwanis Bldg. now stands. Moved by McCl51re, second- ed by Carrigan, that the City Manager be granted permission to advertise for bids for moving the building. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, request- ing permission to negotiate with the Santa Fe Railroad for the removal of spur railroad tracks lying within the right- of-way of Tidelands Avenue. This spur is not being used to service any of the industries at the present and would not necessarily be used in the future. As it now stands it creates a barrier to our grading of the street and determining the portion of the street to be paved for travel as well as that which will be left for parking to the side of the travel - way. The Santa Fe has built a new spur line paralleling Tidelands Avenue from approximately 14th Street south beyond 19th Street. Mr. Gautereaux would like to negotiate with Mr. W. M. Krames, General Freight Agent at Los Angeles with regards to this matter. Moved by Carrigan, seconded by McClure, that the City Manager be authorized to negotiate for the removal of the spur tracks. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANAGER GAUTEREAUX was read, regard- ing the request of Mrs. Bernice Kellogg, Association of Christian Women, asking the City to provide space for the setting up of one outdoor life-size Nativity scene at Christmas time. It is the Manager's feeling that the space asked for between the City Hall and the pine tree facing National Ave. would be appropriate, and suggested that Mrs. Kellogg be notified that this area may be used, and further that the City would provide for palm fronds suggicient to cover two sides, back and roof of shed, as well as necessary lighting which would be of a small wattage. It was suggested that Mrs. Kellogg contact our local Chamber of Commerce with the possibility that they might enlist the combined cooperat- ion of our local churches in carrying out this project. Since the Chamber in recent years has totally sponsored Christmas decorations for the City, they might desire this as a portion of their Christmas decoration program. Moved by Parchen, seconded by Campbell, that permission for this scene to be placed between the City Hall and Library be granted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL reported that Mr. Gautereaux and Mr. Bradt have gone over the bids and have recommended that the bid of C. A. Larsen Construction Co., in the amount of $171,339.00, for both the Library and Fire Station, be accepted. ATTORNEY CAMPBELL stated at the last meeting the Council ad- opted a resolution setting the date for the hearing.. on the annexation of property owned by L. E. & Martha E. Findahl as October 6th, and he did not provide a resolution in time for the publication and asked that the hearing be set for October 20th. Moved by McClure, seconded by Parchen, that a resolution be read setting the hearing on the annexation. Carried, all Councilmen present voting aye. RESOLUTION NO. 6020 was read, setting October 20, 1953, at 8:00 P.M. in the City Council Chambers as the time and place the Council will hear protests on the annexation to the City of National City of the property situated in the County of San Diego, and more particularly described in said Resol3,.tion. 114* City Cleilk is he-iaebr auttiftotzed and dttee ed to g! re due 9/15 59 and legal notice of this hearing. Moved by Carrigan, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. MOVED BY CARRIGAN, seconded by Parchen, that the contract for the Library and Fire Station be awarded to C. A. Larsen Construction Co., and the Notice to Proceed be sent him immediately upon the signing of the contract. Carried, all Councilmen present voting aye. RESOLUTION NO. 6021 was read, accepting the bid of C. A. Larsen Construction Co., dated September 15, 1953, and the contract awarded to them. The City Manager is directed to notify said bidder of said acceptance and said award. Frank J. Sarn, Mayor, is authorized and directed to execute said contract on behalf of the City. Moved by Carrigan; seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 6022 was read, stating that Notice to Proceed is hereby given and work shall be commenced within ten days from and after the date of execution of the contract. Moved by Carrigan, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. COMMUNICATION FROM ASSOCIATED CONSTRUCTION CORP. was read, requesting that they be permitted to assign the whole of their lease, which property is known as Parcel 1C on the National City Tidelands Parceling Map, to George Johnson, National Lumber Company. COUNCILMAN PARCHEN inquired if the lease is transferable. ATTORNEY CAMPBELL said it was with the consent of the City Council. COUNCILMAN CARRIGAN stated he thought the letter should be referred to the City Manager to make certain that the National Lumber Company is aware of the various clauses in the lease and as to the amounts and various stipulations that might be included before the request is granted, and that we too should have a letter from them that they will accept the lease on that basis. MAYOR SARN requested this be referred to the City Manager. CITY ATTORNEY CAMPBELL stated that Mr. Peterman of the Planning Commission has turned in a deed for a portion of a street and asked that the City accept. the deed. It is for a portion of 17th Street off of Newell. This has nothing to do with the installation of the street, it would be just the acceptance of the land itself. It is only the deeding to the City of that particular property. Moved by McClure, seconded by Carrigan, that the deed be accepted with the approval of the Planning Commission. Carried, all Councilmen present voting aye. RESOLUTION NO. 6023 was read, accepting a parcel of real property by the City of National City, subject to the approval of the Planning Commission. Property is described as: N 30' SE4 NEu W of 80 Acre Lot 1, Quarter Section 128, Rancho de la Nacion. The City Clerk is authorized and directed to receive the deed and to record same. Moved by McClure, seconded by Carrigan, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 6024 was read, approving the proposed agreement for Mutual Aid between the Cities of San Diego, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City and Oceanside, and the County of San Diego. The Mayor of the City is authorized and directed to execute the agreement. Moved 9/15 6o ATTEST: TY CLERK by Carrigan, seconded by Parchen, that the Resolution be adopted. Carried, all Councilmen present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $9i 5 74. 4'9 Traffic Safety Fund 404,84 Park M & I Fund 535.14 Retirement Fund 2;714.85 Harbor Fund 29.52 Trust & Agency Fund 350.00 Payroll Fund 20,022.62 TOTAL $33.> 6'366 Moved by Parchen, seconded by allowed, and warrants ordered following vote to -wit: Ayes: Parchen, Sarn. Nays: None. Carrigan, that the bills be drawn for same. Carried, by the Campbell, Carrigan, McClure, RESOLUTION NO. 6025 was read, that the following Capital expenditures be paid from the Capital 0utlay Fund: Ets-Hokin & Galvan, traffic signal installation, $1,885.14, Robert A. Bradt, Fire Station & Library Plans, $472.92; Squires Belt, sewer materials, $697.35. Moved by McClure, seconded by Parchen, that the Resolution be adopted. Carried, all Councilmen present voting aye. CITY CLERK ALSTON announced the County League meeting would be held at El Cajon on September 18th. COUNCILMAN CAMPBELL stated it is his understanding that his letter of resignation front the Planning Commission has not been received by the City Clerk. It has been sign and submitted to the Planning Commission. Mr. Campbell offered a verbal resignation from the Commission so that the vacancy would exist. Moved by Carrigan, seconded by Parchen, that the resignation of Charles B. Campbell from the Planning Commission be accepted. Carried, all Councilmen present voting aye. MAYOR SARN appointed Mrs. Edith Kodish to replace Charles B. Campbell on the Planning Commission, subject to the approval of the Council. Moved by Carrigan, seconded by Parchen, that the action of the Mayor be confirmed. Carried, all Council- men present voting aye. COUNCILMAN CARRIGAN stated that in the past months the street bounded on the West by National Avenue, on the North by Division, on the East by "K" Avenue and on the South by 8th Street, have had the weeds removed from the cracks in the streets, weed killers have been used, the cracks have been filled with oil. This work was done with the thought in mind that they would be oil sealed prior to this winter, and it would appear to be the logical and proper time to proceed with the oil sealing and sanding. Moved by Carrigan, seconded by McClure, that the City Manager be authorized to proceed immediately, and if necessary to call for bids, that he be authorized to do so. Carried, all Councilmen present voting aye. Moved by Parchen, seconded by McClure, that the meeting be closed. Carried, all Councilmen,preent voting aye. MZOR, CI OF NATIONAL CITY, CALIFORNIA G 9/15 s