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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. 5/20 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. 5/20 31 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 6f 20 532 .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 5/20 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. 5/20 535 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. 5/20 536 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: 5/20 537 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. 5/20 538 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. 5/20 539 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 5/20 540 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" 5/20 541 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 5/20 542 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. ' 5/20 543 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: 5/20