HomeMy WebLinkAbout1952 05-20 CC MIN.'J
National City, Caiifo.'nia, May 20, 1'e:
Regular meeting of the City Council was called to order by
Mayor Maurice Carrigan at 7:30 P.M. o'clock. Councilmen
present: Hart, Ingalls, iicClure, Carrigan. Councilmen
absent: Clarke.
Moved by Hart, seconded by Ingalls, that the readies of the
minutes of the regular meeting of May 6, 1952 be dispensed
with. Carried, all Councilmen present voting aye.
ADMINISTRATIVE OFFICIALS present: Alston, Campbell, Rhodes,
Gautereaux.
JEFF DAVIS, City Electrician. was present and stated he wished
to tender his resignation, said resignation to become effect-
ive in 10 days. :_'_'.'OR C._,?IGAN stated he thou:ht it would be
well for Mr. Davis to get together with City Manager Rhodes
and see how soon they can set someone to take i:r.Dsvis' place,
and that his resignation .ot be accepted at this time as the
City cannot be without an ;lectrician. Mr. Davis agreed to
cooperate.
CITY CL'RK ALSTON stated in regard to the second reading of
the ordinance on street closing she would like to present a
communication from City iianager Rhodes which recommended that
the closing of a portion of 404 Avenue betweon 7th and 8th
Street should be held in abeyance until such time as the
petitioners for the street closing deposit with the City Clerk
the sum of 335,00 to pay for the advertising and posting. The
property owners are getting the benefit of the closing and,
therefore, should stand all expense in connection with the
closing. Moved by Ingalls, seconded by Hart, that action on
the closing be delayed, as recommended by the City Manager.
Carried, all Councilmen present voting aye.
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COMMUNICATION FROI: CITY 11 IG G:R ;BODES ad6'essed to the
Planning Commission regarding the tentative map of Record'
of Survey of Lots 199 and 200, Lincoln Acres Annex No. 2,
was read. It is recommended the southerly 30 feet of the
property shown on the map be dedicated to the City for street
purposes. There have been frequent requests to open 17th Street
from Lanoitan to Rachael. It is proposed to widen 17th Street
by acquiring 30 feet on the north side of the existing alley.
This will make a 50 foot dedication. By acquiring an easement
dedication from the owner of the property shown on the Record
of Survey Map the engineer may proceed with a revised Record
of Survey Map, otherwise he must file a Subdivision Map.
MAYOR CARRIGAN requested this be held over and referred back
to the Planning Commission.
PETITION from property owners regarding maintenance of alley
between °Fa and "G:: Avenue: from 15th to 16th Streets, was
presented. MAYOZ C1_RRIG's1T referred this to the City Manager
for checking and recommendation.
COMMUNICATION FROE CITY MA:LGER RHODES tr. regard to the request
of the California Safety Council for the annual subscription
in the amount of 030.00 for support of traffic accident pre-
vention, wee presented. iir. Rhodes recommended that the City
defer action towards participating for at least the coming
year. MAYOR CARRIG!N asked that the City Manager's recommend-
ation be accepted.
COEMUNICATION FROM CITY i;TAGCR RHODES in re;,ard to Amendment
No. 1 of the City -State Maintenance Agreement, was read. This
agreement turns back to National City the prosent State high-
way route on Eighth Street from Harbor Drive to N-tional Avenue
and National Avenue from 2ishth Street to the South City limits.
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The only participation the City will have from the time this
portion of the State highway is turned back to the City is
1/3 of the actual cost of energy and maintenance of the
Eighth Street and Harbor Drive signals and 1/2 of the cost
of the energy and maintenance of the intersection lighting
at Eighteenth and Montgomery Freeway. It is the Manager's
recommendation the Council adopt the resolution authorizing
the amendment. MAYOR CARRIGAN requested this be referred
to Attorney Campbell.
COMMUNICATION FROM CANDELARIA BORBON in regard to trash pick-
up, was read. Mrs. Borbon stated she was a widow and un-
employed at the present time and asked that she not be charged
for this service until she is able to find work. COUNCILMAN
INGAT.TS requested this be referred to the City Manager.
APPLICATION TO MOVE A BUILDING by Charles M. Davis was present-
ed. The present location of the building is 17th Street and
Harrison Avenue and is to be moved to 16th Street and
Cleveland Avenue, to be used as a rosidence.
Application was
approved by BUILDING INSPECTOR BIRD with a time limit of 60
days. Moved by McClure, seconded by Ingalls, that permission
be granted, with the stipulation as stated by the Building
Inspector. Carried, all Councilmen present voting aye.
INSURANCE POLICY in the amount of $44,000.00 was presented.
The premium is $867.68 and the policy was submitted by the
Insurance Agents Association. CITY CLERK ALSTON asked that
this be approved by the City Attorney. Moved by Ingalls,
seconded by McClure, that the policy be accepted if approved
by the City Attorney. Carried, all Councilmen present voting
aye.
COMMUNICATION FROM STREET SUPERINTENDENT FINK. TY addressed to
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532
.ity Manager Rhodes was read, stating that on May 3, 1952,
Harold Erookover reported to the Sewer Dept. requesting that
his employment be terminated as maintenance man. The request
was approved by City Manager Rhodes and the Civil Service
Personnel Clerk. 1N.AYOR CARRIGAN ordered the communication
filed.
CERTIFICATE OF INSURANCE from Tarter, Webster & Johnson on
their tideland lease was presented. CITY CLERK ALSTON asked
that this be approved by Attorney Campbell.
COMMUNICATION FROM ATCHISON, TOPEKA and SANTA FE RAILWAY
COMPANY was read, requesting authority to construct a team
track which will cross 24th Street and lie in Harrison Ave.
MAYOR CARRIGAN referred this to the City Attorney and City
Manager for checking.
CITY TREASURER'S REPORT for April 1952 was presented. MAYOR
CARRIGAN ordered the report filed.
COMMUNICATION FROM DALTON BAKER, Chairman of the Maytime Band
Review, was read, expressing their thanks and sincere appreciat-
ion for the City's cooperation. MAYOR CARRIGAN ordered the
communication filed.
COMMUNICATION FROM OLIVEW00D CLUB and FUSCHIA SOCIETY was
read, thanking the Council for helping to make their Flower
Show t success. MAYOR CARRIGAN requasted .tho communication
filed.
COMMUNICATION FROM CALIFORNIA MOTEL ASSOCIATION was read,
requesting consideration be given relative to turn-offs and
opening of streets, which should facilitate the flow of
traffic both north and south along the freeway. MAYOR CARRIGAN
referred this communication to the City Manager and Traffic
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Commission for recommendation.
CITY CLERK ALSTON stated that during the period Mrs. Sullivan
was City Manager there were thrity-three fire hydrants in-
stalled to the present time without Council action. Prior
to that time it had always been the policy of the Council to
approve the installation of hydrants as it is an expenditure
of City money, It is the recommendation of City Manager
Rhodes that these hydrants be listed and have Council approval.
Moved by Ingalls, seconded by McClure, that the list, as
presented, be approved. Carried, all Councilmen present voting
aye,
PETITION from property owners on East Eighth Street in regard
to flood control was read. CITY MANAGER RHODES stated there
is not much that can be done unless the street is improved
at cost to the property owner. MAYOR CARRIGAN stated a survey
was made sometime ago and it would cost approximately $7.06
per front foot to widen 8th Street and put in the proper
drainage. VINCENT ACANFORA, 1502 E. 8th Street, was present
and stated there is a ditch on 8th Street which has accumulated
quite a bit of weeds, trash, etc., and that if it were main-
tained by the City as it is on City property perhaps that would
help relieve the situation. He said he thinks it is the
responsibility of the City, MAYOR CARRIGAN requested the City
Manager's office and the Engineer's office prepare an actual
cost figure to cover whatever expense would be involved to
eliminate, this flood condition and present it to the people
on 8th Street for them to either accept or reject.
BILLS AUDITED by the Finance Committee presented:
General Fund $6,081,75
Traffic Safety Fund 834.50
Park Fund 150,50
Retirement Fund 2,346.39
Payroll Fund 16 063,38
TOTAL . p $ , 6, 2-
534
10 Moved by Hart, seconded by Ingalls, that.the bills be allcwed,
and warrants ordered drawn for same. Carried, by the follow-
ing vote to -wit: Ayes: Hart, Ingalls, McClure, Carrigan.
Nays: None.
CITY CLERK ALSTON reported that the City holds street bonds
on the property between 14th and 15th Street on National
Avenue which was purchased by Glenn Pearson, and requested
the Council to grant permission to cancel the bonds. ATTORNEY
CAMPBELL stated that the property as sold to Mr. Pearson was
sold free and clear of ell bonds, liens and encumbrances. The
lien on the bonds has expired. Moved by Ingalls, seconded by
McClure, that the bonds be cancelled. Carried, all Council-
men present voting aye.
CITY CLERK ALSTON stated at the last meeting the Planning
Commission requested the appointment of Murval Newlan to fill
the unexpired term of Grant Benninger, but Mr. Eenninger's
term had expired in January. The appointment of Mr. Newlan
would mean a full term of four years. MAYOF. CARRIBAN suggest-
ed this be held over and make an appointment at the next
meeting, perhaps the Council might wish to contact someone
who would also be willing to serve. The Cou.ucil were in accord
with this suggestion.
CITY CLERK ALSTON reported that the next meeting of the
Council would be June 4th as the 3rd is the date of the
Primary Election.
CITY CLERK ALSTON presented an insurance policy covering our
tidelands lease with the National Dry Kiln and Processing
Company. Attorney Campbell approved the policy as to form.
Moved by Hart, seconded by Ingalls, that the policy be aco-
apted. Carried, all Councilmen present voting aye.
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COMMUNICATION FROM FRANK A. HAYNAL, General Chairman, Thomas
H. Cosby Jr. Post #4630 and Veterans of Foreign Wars, was
read, inviting the members of the Council, officials of
National City, their families and friends to attend the
Memorial Day Services at the La Vista Memorial Park, on May
30, 1952 at 10:00 A.M. MAYOR CARRIGAN ordered the communicat-
ion filed.
COMMUNICATION FROK CITY MIPAGER RHODES regarding the license
fee paid by the Elbo Rest on coin -operated amusement machines,
was read. The City ordinance provides that the charge for en
amusement machine is "40.00 a year. A check was made of the
fee charged in San Diego for the same machine and it was found
to be $60.00 a year. The price charged in Chula Vista and
Coronado for shuffleboard is only $5.00 a year. The license
fee on pinball machines and other devices is generally made
high in order to discourage their use, it being contended
that they are an invitation for the individual to gamble.
It is the City Manager's recommendation that the license fee
be retained as now established. MAYOR CARRIGANT requested
the City Manager's recommendation be accepted.
COMMUNICATION FROM ROY & V"RA HILL was read, stating they
wished to make application to install kiddie rides in the
City Park to operate a permanent kiddie land, paying the City
a percentage of the gross to be decided on which would be
agreeable to both parties. They have operated these rides for
the past two years for the Sciots, LIOns Club and the Boys'
Club, and ask that the City waive their percentage on rides
in favor of the clubs mentioned during their two day shows
annually. MAYOR CAPLRIGff" requested this be referred to the
City Manager.
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536
COMMUNICATION FROM CITY MANAGER RHODES was read in regard to
the request of Frank Agliano who stated he had requested the
County of San Diego and the City of National City to repair
the damage done by the rain to a portion of his driveway in
which an easement was granted for the purpose of maintaining
a drainage ditch. Investigation discloses that the County
secured an easement for drainage but did not agree to maintain
any roads or bridges over the ditch. They did install two
large corrugated iron culverts in the ditch in order to
provide Mr. Agliano a means of getting across the ditch. It
is Mr. Rhodes' belief that the maintenance of the road is the
responsibility of Mr. Agliano and not the City of National
City, and it is therefore recommended that the communication
be filed. MAYOR CARRIGAN ordered the communication filed.
COMMUNICATION FROM CITY MANAGER RHODES was read, in regard to
$1,600.00 which Bernard Banke stated he deposited with the
City for Lots 13 to 20 in Block 46 and that he would like to
have the city transfer the property to him or return his
money. Investigation discloses that there is a possibility
that the City will have to have a water way for Paradise
Creek pass through or over a part of this property, the
location of which has not yet been definitely defined. It
is recommended that until such time as the city has defined
the limits of the water way that the property be held. It is
also recommended that Mr. Banke be refunded his $1,600.00.
MAYOR CARRIGAN stated he would like to see a lot of the City's
property sold if it is absolutely not needed. MB. BANKE was
present and stated if the City has need of this property or
a foreseeable future need he will withdraw his offer and re-
quest his money be returned. Moved by Hart, seconded by
McClure, that the money be refunded upon the signing of a
demand by Mr. Banke. Carried, by the following vote to -wit:
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537
Ayes: Hart, Ingalls, McClure, Carrigan. Nays: None.
COMMUNICATION FROM CITY hNAGER RHODES was read, regarding
the request of C. J. Anderson that the sewer line be con-
structed southward from 9th and 'M" Avenue in :;M" Avenue.
It is recommended that the City Manager be authorized to
extend the sewer main a distance of 150 feet southward from
the intersection of 9th and 7M" Avenue. Moved by McClure,
seconded by Hart, that the City Manager be authorized to
proceed with the sewer. Carried, all Councilmen present
voting aye.
COMMUNICATION FROM CITY MANAGER RHODES was read, stating that
the sewer project on "T" Avenue and Beta St. in National
Vista No. 2 Subdivision has been satisfactorily completed.
The subdivider has deposited money for several connections to
houses which are nearing completion and connections to the
line will not be permitted until formally accepted by the
City Council. It is therefore recommended that the Council
accept by Resolution the sewer mains on "T " Avenue and one
block on Beta Street between ^T" and "U" Avenues. ATTORNEY
CAMPBELL stated that the centract between Gilbert Fritz and
Robert Bowers and the City, whereby the subdividers will
install certain sewers has not been signed as yet, end it is
his recommendation this be held over until the contract 1s
signed. MAYOR CARRIGAN requested this held over until the
next meeting.
RESOLUTION NO. 5699 was read, stating that the schedule for
step 5, Police Sergeant, as set forth in Resolution 5382, is
established at the sum of $325.00, effective :.ay 1, 1952.
Moved by Hart, seconded by McClure, that the flesolution be
adopted. Carried, all Councilmen present voting aye.
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538
ATTORNEY CAMPBELL stated that the Government has submitted
their annual bid for the collection of rubbish in the Olive -
wood Housing. Mr. 1hodes has prepared a bid and he has re-
commended that it tie in the sane amount as last year, that
is 75 cents per unit .making a monthly rate of $672.00, or an
annual payment of $8,064.00. This would be for a year
commencing July 1, 1952.
RESOLUTION NO. 5700 was read, authorizing the submitting of a
bid for the collection of trash and garbage in Olivewood
Homes Project for one year commencing July 1, 1952 to the
Housing and Home Finance :_gency. That the combined unit rate
per month for the collection of both trash and garbage be
bid at 75 cents. F. A.Rhodes, City Manager of the City, is
hereby authorized and directed to complete and
bid form.
Resolution
aye.
Moved by Ingalls, seconded by Hart,
be
adopted. Carried, all Councilmen
execute said
that the
present voting
ATTORNEY CAMPBELL reported that in regard to the request of
the Goodwill Industries that the City suspend license and
sales tax, neither the business license ordinance or sales
tax ordinance permit a waiver. It is the Attorney's recommend-
ation that they be notified of the ruling and file the letter.
MLY0R CARRIGAN requested the City Attorney to notify the
Goodwill Industries, that under our ordinances it is impossible
to waive the city license and sales tax.
ATTORNEY CAMPBELL stated that in regard to the recommendation
of Chief of Police Smith that no right turn be made against
the signal at 8th and Hi;;hland, he found upon checking the
traffic ordinance that a resolution is not required, but upon
approval the Chief of Police can install the signs.
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539
ATTORNEY CAMPBELL reported that Chief of Police Smith would
like an inter -budget transfer of Police budget 516 from
B4, which is gasoline and oil to Cl, outlay, the sum of $500.
to be used for the purchase of the new police cars. Moved by
Ingalls, seconded by Hart, that the transfer be made as re-
quested. Carried, by the following vote to -wit: Ayes: Hart,
Ingalls, McClure, Carrigan. Nays: None.
ATTORNsY CAMPBELL stated that City Manager :Modes has pre-
pared a number of documents for bidders to consult in order
to pick up rubbish in the City of National City. A notice
inviting bids has been prepared with a tentative opening date
of June 4th. The contract document has tentatively been set
for a three year period, seeking bids for first, second and
third year. However, the contract would be let for three
years under the proposal. There is no requirement setforth
for the purchase of any equipment. The tentative plan is
that the bidder submit a bid for the collection of all the
rubbish within the City of National City and Mr. Rhodes has
had prepared, as a portion of the contract document, a map
of the City showins the areas collected, whether it is daily
or twice a week. If the Council wishes to proceed in this
manner it is necessary to have a motion authorizing the
publishing of a "Notice Inviting Bids". MAYOR CARRIBAN asked
if it would be well to make it known that in the event the
bid is accepted that the equipment we have will be available
for sale. CITY MANAGER RHODES said we could make it known
that they could enter into negotiations for the sale of our
equipment, but he did not think we should tie them down in
bidding to make them buy it. MAYOR CARRIGAN stated he just
meant that they would know that the equipment would be avail-
able if they wished. CITY MANAGER RHODES said we might put
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that in our general instructions. COUNCILMANI INGALLS said he
thought that would be superfluous. Mr, Ingalls said he feels
that we can make a good deal, we have evidence of that in
past communications, and we should make it mandatory that they
buy our equipment. MAYOR CARRIGAN said he thought to make it
mandatory would limit the bidding a great deal, and that the
equipment could probably be sold at auction by proper ad-
vertising. COI.P CILPMA_N McCLUFLF asked if the bond for satis-
factorily fulfilling the contract is stated in the proposal.
CITY MANAGER RHODES stated it is $20,000.00. It is also
required that he maintain a local office to take care of the
complaints and to properly supervise the work. CITY MANAGER
RHODES asked if there was any objection to selling the tourna-
pull as he believes he has an interested party. TOM LEONARD
was present and stated that in regard to the bid that was
received late, the company bidding offered to buy the equip-
ment and suggested that perhaps the City could ask him to
name his price on it and use that as a basis for letting the
nthers bid an it. MR, RHODES ceid he has talked with this
party, and he is still willing to buy the equipment if he is
the low bidder. MAYOR CKTIIGAN asked if there were any object-
ions to having the City Clerk publish the uNotice Inviting
Bids', which would be opened about 8:00 P.M. an June 4th.
No objections were voiced. COUNCILMAN INGALLS asked if
notices will be mailed to those who bid the last time. MAYOR
CARRIGAN asked that the City Manager send out letters to this
effect, and also in the letter to state that if the bid is
accepted that they attempt to begin operation July 1.
ATTORNEY CAMPBELL reported that the recommendation of the
Planning Commission regarding the opening of alin Avenue from
18th Street to 21st Street is that 21st Streot between "L"
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and "N" Avenue be a 50 foot street rather than a 60 foot
street, with a 32 foot travelway, which will be comparable
to existing streets in that area. Attorney Campbell said it
will require no Council action. Mr. Newberry has contacted
most of the people involved and we will have to see if they
are going to comply with the recommendation.
stated the City has no obligation to open the
people comply they will then bring a petition
for the Council's approval.
Mr. Campbell
street. If the
to the Council
REPORT FROM THE PLU'J'T?DING COMMISSION regarding the closing of
certain streets and alleys on school property, was read.
This involves portions of "E" Avenue between the southerly
line of 16th Street and the northerly line of 18th Street,
also portions of 17th Streot between the easterly line of
"D" Avenue and the westerly line of "F" Avenue, and also the
alleyway within parcel No. 1 of Morgan's Subdivision. The
Planning Commission has approved the closing of those part-
icular streets so it will revert to the school grounds.
Attorney Campbell stated if the council wish to proceed he
will prepare an ordinance setting the hearins. Moved by
Ingalls, seconded by Hart, that the Attorney prepare the
necessary ordinance. Carried, all Councilmen present voting
aye.
ATTORNEY CAMPBELL stated that Mrs. Dwiere has requested that
a portion of Road Survey TTo. 643 which lies within the bound-
ary of National City be named "Tonawanda Drive''. The
Commission has approved the request. Attorney
the person requesting the naming of the street
expense involved. The necessary ordinance can
Campbell stated
should pay the
be
but before passage Mr. Rhodes and Mrs. Alston can
figure of the expense involved.
prepared,
get the
Moved by Ingalls, seconded
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542
by Hart, that the necessary ordinance be prepared, Carried,
all Councilmen present voting aye.
RESOLUTION NO. 5701 was read, granting a special zone
variance permit to National city Elementary School District
for the purpose of erecting, operating and maintaining a
public school. Moved by Hart, seconded by McClure, that the
Resolution be adopted. Carried, by the following vote to -
wit: Ayes: Hart, h&cClure, Carrigan. Nays: None. Ingalls
abstaining.
CITY CLERK ALSTON stated there is a portion of the Planning
Commission's report which can be presented at this time re-
garding the Record of Survey Map on Lots 199 and 200 of
Lincoln Acres Annex No. 2. It is the recommendation of the
City Engineer's Office that the southerly 30 feet of the
property shown on the map be dedicated to the City for street
purposes, and since this complies with the coming Master
Street Plan, it is the opinion of the Commission that the
recommendation is justifiable. MAYOR CARRIGANT stated he
thought this should all be included with the map before
presenting it again to the Council.
COUPCILMAN HART stated he would like City Manager Rhodes to
present at the next meeting the cost of the collection of
trash, including maintenance, etc.
MAYOR CARRIGAN stated in regard to the Mayors' and Council-
men's Institute in Fresno there is to be a meeting devoted
exclusively to local sales tax problems, and since we have a
very difficult problem coming up with the Counties, if the
Council has no objections he will attend the meeting. Moved
by Ingalls, seconded by Hart, that Mayor Carrigan be authorized
to attend et City expense.
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543
RESOLUTION NO. 5702 was read, designating Mayor Maurice
Carrigan as a delegate of the City of National City to
attend the Mayors' and Councilmen's Institute of the League
of California Cities at Fresno, Calif., June 12 to 13, 1952,
and he is hereby authorized to attend said Institute. The
City Clerk is hereby authorized and directed to pay the
necessary legal expenditures of said delegate upon present-
ation of proper claims of said delegate. Moved by Hart,
seconded by McClure, that the Resolution be adopted. Carried,
all Councilmen present voting aye.
I. EVERETT, 2015 E. 12th Street, was present and stated there
is a very dangerous condition at 2100 E. 10th Street. Since
the bank has been dug out there is no sign designating that
it is a dead end street and there is a very steep drop.
ATTORNEY CAMPBELL stated if it is a public street that is
hazardous, it should be barricaded. MAYOR CARRIGAN requested
City yammer Rhodes to take care of this condition.
Moved by Hart, seconded by McClure, that the meeting be
closed. Carried, all Councilmen present voting aye.
v
OR/ CITY OF NATI9flAL CITY, C IFORNIA
ATTEST:
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