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HomeMy WebLinkAbout1951 07-31 CC MIN74 National City, California, July 31, 1951. Regular meeting of the City Council was called to order by Mayor Maurice Carrigan at 7:30 P.M. o'clock. Councilmen present: Clarke, Curry, Hart, Ingalls, Carrigan. Councilmen absent: None. Moved by Curry, seconded by Hart, that the reading of the minutes of the regular meeting of July 24, 1951, be dispensed with. Carried, all Councilman present voting aye. ADMINISTRATIVE OFFICIALS present: Campbell, Wagner, Grey, Gautereaux, Harbison, Mikkelson. GEORGE DAVIDSON, 1827 "B" Avenue was present and presented a petition requesting that 1B" Avenue between 18th and 19th Street be paved. Moved by Clarke, seconded by Hart, that the request be referred to the City Engineer for investigation and report back to the Council at the next meeting. Carried, all Councilmen present voting aye. ACTING ADMINISTRATIVE OFFICER WAGNER stated he had received a call in regard, to this and asked that he be authorized to aseist the City nngineor wi)i the information he hes at his disposal, to which Mayor Carrigan agreed. ACTING ADMINISTRATIVE OFFICER WAGNER reported that the bid of the Pace Construction Company, in the amount of 01,888.20 was the lowast bid on Lateral Sewer Job No. 10, and it was the re - \commendation of the City Engineer and the Administrative Officer that it be accepted. RESOLUTION NO. 5504 was read, accepting the bid dated July 24, 1951, of Pace Construction Company, in the sum of $1,888,20. Maurice Carrigan, Mayor of the City of National City,is authorized and directed to execute the contract therefor for 7/31 75 and upon behalf of said City. Moved by Ingalls, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. ACTING ADMINISTRATIVE OFFICER WAGNZR reported that the Western Metal Supply Company submitted the lowest bid on sewer pipe and fittings, said bid in the amount of $2,684.91. It is the re- commendation of the Administrative Officer that the bid be accepted. RESOLUTION NO. 5505 was read, accepting the bid dated July 17, 1951, of Western Metal Supply Company, in the sum of $2,584.91. Maurice Carrigan, Mayor of the City of National City, is authorized and directed to execute all necessary contracts for and upon behalf of said City. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Council- men present voting aye. COMMUNICATION FROM NATIONAL CITIZENS COMMITTEE urging the Council to proclaim October 24, 1951 as United Nations Day, was read. Moved by Hart, seconded by Clarke, that October 24, 1951 be proclaimed as U N Day, and that Mayor Carrigan be authorized to attend any meeting that might be necessary in this regard. COUNCILMAN CLARKE said the Citizens Committee asked for a chairman of a committee so they would be in a position to forward material in connection with the U N Day to the Chairman. MAYOR CARRIGAN appointed Councilman Clarke and Councilman Ingalls to work on the committee, details to be worked out later. Carried, all Councilmen present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY requesting the City to pay all or any portion of the amount of the Author- ity tax which would otherwise be levied upon property within National City for the fiscal year 1951-52, was read. MAYOR 7/31 1 1 76 CARRIGAN said this is something that should be considered along with the Budget discussion. Mayor Carrigan requested that a public hearing on the Budget be set For Friday evening, August 10, 1951, at 7:30 P.M., and the City Administrator be directed to insert the notice in the paper this week and also the follow- ing week. BILLS AUDITED by the Finance Committee presented: General Fund $1,790.63 Traffic Safety Fund 79.28 Harbor Fund 111.65 TOTAL $1,981.56 Moved by Curry, seconded by Ingalls, that the bills be allowed, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. RESOLUTION NO. 5506 was read, as follows: That those certain demands against the City of National City which are regular current fixed salaries and wages of the officers and employees of the City of National City shall be paid by warrant for the City of National City and said warrant shall be delivered to said officers and employees on or before the 5th day of the month for the period ending on the last day of the preceding 1 months and for officers and employees receiving salaries ezd wages semi-monthly that said warrants shall be delivered to said officers or employees on or before the 20th day of eaeh month for.the period ending on the 15th day of the same month. Moved by Curry, seconded by Clarke, that the Resolution be adopted. Carried, all Councilmen present voting aye. 1 RESOLUTION NO. 5507 was read, establishing the salary of the combined office of City Administrator and Planner as $550.00 per month, effective July 1, 1951. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Council- 7/31 77 men present voting aye. ATTORNEY CAMPBELL reported on the property which Mr. Banke made application to purchase by auction and included the County' title. Mr. Campbell stated that the title has not been con- veyed to the City of National City by the County and asked that it be laid over until such time as the County conveys title. ATTORNEY CAMPBELL stated Mr. Banks has made an offer on Lots 6 to 10 inclusive and 13 to 16 inclusive, Block 44 of National City. His offer is $900.00 which is to be for all tax title and the fee interest. If the Council so wishes to accept this as a minimum offer it can be placed at a public auction with that as an opening bid. Moved by Ingalls, seconded by Hart, that Mr. Banke's offer be accepted as an opening bid on Lots 6 to 10 inclusive end 13 to a.6 inclusive, Block 44. Carried, all Councilmen present votinteye. RESOLUTION NO. 5508 was read, settI € tlm sum of $900.00 as the minimum sales price of the following described property: Lots 6 to 10 inclusive and 13 to 16 inclusive in Block 44 of National City. The Tax Collector is hereby'euthorized and directed to advertise and sell at public mazetlon, according to law, the aforesaid property, free and clear of all liens and encumbrances except 1951-52 County and City taxes, easements, rights of way, reservations and assessment of record. The Mayor, City Clerk and Tax Collector are authorized and directed to execute and deliver according to law, to the purchaser at said sale, a good and valid deed to said property. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. MAYOR CARRIGAN announced that it was 8:00 P.M. and time for the hearing on the closing of a portion of 12th Street, in 7/31 78 Sunny Crest Subdivision. There were no protests. RESOLUTION NO. 5509 was read, vacating and closing a portion of 12th Street in Sunny Crest Subdivision. Moved by Clarke, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. ORDINANCE NO. , an ordinance of the City of National City, amending Ordinance No. 782 by amending Section 2 and Section 3 of said Ordinance, was read. Moved by Hart, seconded by Curry, that the Ordinance be laid over until the next meeting for its second and final reading. Carried, by the following vote to wit: Ayea: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. ORDINANCE N0. , an ordinance of intention to veaat* sad close a portion of a public street, to wit: A portion of "M" Avenue, described as all that portion of the E* of "M" Avenue bounded on the north by the south line of 8th Street, and on the south by the north line of 9th Street. The time for hear- ing of any and all persons interested in or objecting to the proposed vacation is hereby set for 8:00 P.M. on the 28th day of August, 1951, in the City Council Chambers, City Hall, National City, California. Moved by Ingalls, seconded by Clarke, that the ordinance be laid over until the next meeting for the second and final reading. Carried, by the following vote to - wit: Ayes: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. ATTORNEY CAMPBELL stated that a Notice of Termination of Tenancy, of the Annex at 2300 National Avenue has been prepared, and if the Council so wishes it can be signed by the Mayor this evening and can then be served tomorrow. It is a 30 day notice to terminate the tenancy. 7/31 79 RESOLUTION No. 5510 was read, approving the Notice of Termin- ation of Tenancy, terminating the tenancy of the City of National City in premises described as a portion of a building known as 2300 National Avenue, National City, California. Maurice Carrigan, Mayor of the City of National City is authorized and directed to execute the said Notice of Termination of Tenancy for and upon behalf of the City of National City, California. Moved by Hart, seconded by Clarke, that the Resolution be adopted. Carried, all Councilmen present voting aye. / RESOLUTION NO. 5511 was read, authorizing the employment of Gordon Cleator to aid and advise the City Council of National City in the financial, economic and administrative matters pertaining to the "Fiesta de los Amigos" to be held within the City of National City, California, on August 24th and 25th, 1951. Gordon Cleator is to be paid the total sum of $600.00 for the complete performance of the duties imposed or those duties which may be hereafter imposed as provided in the Resolut- ion, that said sum shall be payable as follows: One-third (1/3) on July 31, 1951; One-third (1/3) on August 14, 1951; and One- third (1/3) on August 28, 1951. Moved by Hart, seconded -by Ingalls, that the Resolution be adopted. Carried, all Council- men present voting aye, COUNCILMAN CLARKE stated that in conneet- len with the Fiesta he would like authorization from the Council to request the City Attorney to draw up a resolution dedicating and naming the Park as Kimball Park. Moved by Ingalls, seconded by Hart, v1:1, the City Attorney be so instructed. Carried, all Councilmen present voting aye. ATTORNEY CAMPS ELL stated that Mr. Isbell, representing a proposed builder on 8th and "B" Avenue, asked the Planning Commission for their interpretation of Section G of Section 18 7/31 of Ordinance No. 80 750, which states: «there shall be provided and maintained on the lot, adequate space for' standing, loading and unloading services in order to avoid undue interference with public use of the streets or alleys°. ATTORNEY CAMPBELL stated he was present at the Planning Commission meeting and it was his interpretation that it would require a zone variance, the Planning Commission would not have the authority to bind either their own Commission, the City Council or the Courts of this State by interpreting this section, and for the protection of all parties concerned it would be advisable to seek the zone variance and in all probabilities it would be granted provided there were no other changes presented, MAYOR CARRIGAN asked the location of the property concerned. ACTING ADMINISTRATIVE OFFICER WAGNER stated it is the northeast corner of 8th and 'B°. There is a two story residence that is to be moved. ATTORNEY CAMPBELL stated a plan was submitted without any space allotted for a loading zone MAYOR CARRIGAN asked what type of eatablishment it will be. ACTING ADMINISTRATIVE OFFICER WAGNER stated it is a modern type junior department store, to be occupied by the Sprouse -Reitz Company. COUNCILMAN CLARKE asked Attorney Campbell if he could give any information on the mechanical loaders and how it would apply under this condition. ATTORNEY CAMPBELL said that would have to be taken into con- sideration.when and if this ordinance is amended. It is his recommendation that th.iv apply for a zone variance. No action is required until a zone variance is requested. SURETY BOND for Ida Yae Holgate, Deputy Trsasurer, in the sum of $15,000.00, was presented, ATTORNEY CAMPBELL approved the bond as to form. Moved by Hart, seconded by Curry, that the Surety Bond for Ida Mae Holgate, Deputy Treasurer, be accepted. Carried, all Councilmen present voting aye. 7/31 81 MAYOR CARRIGAN stated he was presented with a summons from the firm of Hartwell•Skinner suing the City for the sum of $12,000.00 for sewer damage, charging negligence on the Cityts part. Mayor Carrigan said he has received calls from ethers that were damaged, and asked if there was any way that pressure could be brought upon the Insurance Company to get this taken care of. ATTORNEY CAM PBELL stated that only insofar as they would be interested in futurektuisiness of the City. The in- surance carrier will bs notified of this action and they will file the answer. They have notified the City that they are denying liability on all claims. They are not denying the right of the City and the policy itself, and they will defend the City, but they have denied any liability arising out of this sewer transaction. COUNCILMAN CLARKE said he felt the Council is entitled to know, other than by verbal communicat- ions; that he would like to see these statements put in writing and signed by somebody in a responsible position to make the statements, and that the insurance-aompany should send a communication to that effect to the Council. ATTORNEY CAMPBELL stated if the City of National City is liable whatsoever then the insurance carrier will protect the City and will pay off any valid claims or any judgments entered against the City. The insurance carriers have felt that upon investigation there was a question as to whether or not there was a temple% liability or a liability on the part of the City, therefore they have denied it upon that ground. Hartwell -Skinner have contended the city is liable and therefore maintained this action. They have set $12,000.00 as the alleged damage. That is the beginning of the law suit. The insurance carrier will defend the City of National City,and the Court, if it goes that far, will then determine, first whether the City was negligent, and if so the amount of damage suffered by Hartwell -Skinner. 7/31 82 The outcome of that will probably settle all other claims; MAYOR CARRIGAN asked what can be done to expedite the matter. ATTORNEY CAMPBELL stated he will get in touch with the insur- ance carrier this week and report. APPLICATION TO MOVE A BUILDING from 8th and 1B" to the 1100 block on the east side of "B° Avenue, by Floyd H. Johnson, was presented last week without the signature of the Building Inspector. ACTING ADMINISTRATIVE OFFICER WAGNER stated that Building Inspector Bird has since recommended the application be approved, with a time limit of 90 days. Moved by Clarke, seconded by Curry, that the request be granted. Carried, all Councilmen present voting aye. COMMUNICATION FROM THOM°.S H. COSBY, JR. POST, V. F. T. addressed to the Commandant of the Eleventh Naval District, was read, requesting permission to sponsor a free open air concert of the Naval Training Center Band at the National City Memorial Bowl on Labor Day, September 3, 1951. ACTING ADMINISTRATIVE OFFICER WAGNER stated that the Commander of this Post requests that a letter be sent by the City Council to the Commandant,of the Eleventh Naval District asking for permission to have the Band play. Moved by Hart, seconded by Clarke, that the V. F. W. be granted permission to have the Training Center Band here, and that a letter be sent, as requested. Carried, all Councilmen present voting aye. COMMUNICATION FROM GORDON CLEATOR was read, requesting the installation of a private telephone line in the Recreation Building for the next four weeks for use in connection with the Fiesta. The cost would be approximately $18.75 and would be assumed in the Fiesta expense. MAYOR CARRIGAN said he would recommend the request be granted and that it be made mandatory 7/31 83 that no toll charges be made on that phone. COMMUNICATION FROM SUPERINTENDENT OF SANITATION MIKKELSON was read. Map showing how the City would be divided for once a week trash service accompanied the communication. It is his recommendation thatre notice be sent tp the citizens with a map showing the dates the trash will be collected. A letter should be printed on the back of the map explaining the new service policy, and if we are going to limit the amount of trash hauled or make a minimum charge for the collection of trimmings and building debris, it should also be included in the notice. There are many new residences in National City and this would be a good means of acquainting them with our service policy and the restrictions of mixing the trash and garbage. MAYOR CARRIGAN asked if Mr. Mikkelson will continue to operate five trucks on this schedule. SUPT. OF SANITATION MIKKELSON said he did not believe it would be necessary to operate five trucks continuously. With a crew of three on a truck it could be done with three trucks, with exception of occasionally using one of the ether trucks for special pickups in an emergency. With the egeeption of eensentrated vacation time we man epers.te the department on a ten man crew. With a three man crew on a truck we are making between 650 to 590 stops a day, with a two man crew it is almost impossible to make over 400 stops. MAYOR CARRIGAN asked if the bull clam was put into service on the sanitary fill would there be a substantial saving made in the amount of time required to make the run to the dump. MR. MIKKELSON stated each truck makes three and four trips a day to the dump, and it takes about 40 minutes to make the trip. There would be a saving on gas, 0210 tires and time. COUNCIL- MAN INGALLS asked whether Mr. Mikkelson had any suggested schedule of charges for extra services. MR. MIKKELSON said he 7/31 84 would like to recommend that a minimum charge of $3.00 be made where the people fail to comply with the Ordinance. MAYOR CARRIGAN recommended that the item on the additional service charge be referred to the City Engineer so that he can get together with Mr. Mikkelson and bring in a recommended salvage charge at the next meeting. COUNCILMAN CURRY asked if it would not be necessary to have a man operate the bull clam. MR. MIKKELSON said the bull clam is paid for and the cost of operating the trucks on the long haul would practically carry the operation of the bull clam. It would be a manta wages added to the entire operating costa. We would be reclaiming valuable property in the community. COMMUNICATION FROM MILD= GILLESPIE was read, requesting the withdrawal of her resignation as Recreation Leader and also requesting sick leave. It was requested that sick leave be granted for a -period of one month or six weeks, starting August lst., eleven -days to be with pay, the balance without pay. COUNCILZ AN-INGALLS stated it is his understanding that no action is necessary on the withdrawal of the resignation as no action was taken on the resignation. Moved by Ingalls, seconded by Hart, that the sick leave, as requested, be granted, Carried, all Councilmen present voting aye. ACTING ADMINISTRATIVE OFFICER WAGNER stated that Mr. Beuthel of the State Highway Department will be at the Planning Commission meeting, Monday, August 6th, to speak on the gas tax funds and application to the Master Street Plan, and he has invited all members of the Council to be present. ACTING ADMINISTRATIVE OFFICER WAGNER stated Mr. Donnell, City Auditor, will be here Thursday and Friday of this week to continue his work on the budget and audit. 7/31 85 ACTING ADMINISTRATIVE OFFICER WAGNER reported there have been requests from men in the Street) Sewer, Park and Recreation Departments who wear the green uniforms, that they'be allowed to buy their own rather than to continue to wear the uniforms. Moved by Hart, seconded by Clarke, that they be allowed to wear the clothing they so desire. Carried, all Councilmen present voting aye. REPORT FROM PLANNING COMMISSION was read, regarding Zone Variance Petition No. 393 of the Associated Construction Corp. for reduction of setback on turn -around at end of 10th Street, It was the recommendation of the Planning Commission that the variance be granted. RESOLUTION,NO. 5512 was read, granting a on variance permit to the Associatr.c? Construction Corp. for the purpose of reduction of a setback on a turn: -around on loth Street, National City, from 20' to 10'. Said property described as follows: Lots 6 & 7, Block 5 of Beverly Glen Subdivision. Moved by Hart, seconded by Clarke, that the Resolution be ad- opted. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION regarding Petition No. 394, was read. It was a request of Curtis Davey to place a single family residence on a 50' x 1201 lot fronting on 24th Street where there is an existing 20' x 22'' residence set back 5 feat from Rose Drive at the rear of the lot. It was the recommend- ation of the Planning Commission that the request for zone variance be approved the City Council. RESOLUTION NO. 5513 was read, granting a special zone variance permit to Curtis Davey for the purpose of placing a single family residence on a 50' x 120' lot where there is now an exist- ing 20' x 22' residence. Said property described as Lot 3, Block 7/31 86 1 of Rose Arbor. Construction to be commenced within 90 days. Moved by Hart, seconded by Curry,, that the Resolution be ad- opted. Carried, all Councilmen present voting aye. MAYOR CARRIGAN requested that the Council receive the agenda on Friday or not later then Saturday, and anything not coming in in time for that agenda be held over until the following week so that the Council will have an opportunity to familiar- ize themselves with the various items. MAYOR CARRIGAN reported on the matter of nsidewalks" which hfs been brought up a number of times, and to which the Council was unable to get the answer. Mayor Carrigan Stated he has talked with City Engineer Grey ebout this, and under the Improvement Act of 1911 the property owner is responsible for keeping the sidewalk in repair, and the definite proceeding is set forth to that Act, by which the City can Conform. This will be made available to the Council members and at the nett toguler meet- ing of the Council that we make known to the public *hat the policy is going to be. It can mean a major responsibility for the City, a major liability For -the City, and a major financial problem for the City in the years to come. Mayor Carrigan stated that sometime ago someone Was instructed to make a side- walk survey and requested the'City Administrator ascertain how far along the survey is and proceed forthwith on the grounds as set forth in the Improvement Act of 1911. It was also requested that the City Adminittrator see that copias of this Aet are made fee sash fiber of the Counelle COUNCILMAN OUTCRY stated there is a hazardous condition on 24th Street between National AveMxe and Highland Avenue as there are no sidewalks, and We should go on record as encouraging the property owners on that street to put in sidewalks and curbs. MAYOR CARP:GAN said this has been considered previously on different occasions and perhaps the 7/31 87 Federal Government might look on it a little more favorably now since the Housing area is In full use again and this is a critical defense area. It might be advisable for the City Administrator and City Engineer to check into this and see what answer we can get. ACTING ADMINISTRATIVE OPFICER WAGNER stated that City Engineer Grey and he have considered a survey of public works improvements for the City, which he understands is in the very near future. MAYOR CARRIGAN xLade reference to the offer of Charles M. Davis in the amount of $1,627.86 as the opening bid on Lots 1 to 10 inclusive and Lots 13 and 14 in Block 88, City Plat. The question is whether the Council wishes to sell Lots 1 to 10 and keep Lots 13 and 14 which are on high ground and can be used for fill, or sell all 12 lots. Mr, Davis has assured the City that if he purchases the lots he will immediately level it off and there will be a warehouse built on that area, so the problem for the Council to decide is whether over a period of time the money derived now plus the additional revenue derived later in taxes vs the fact of having two lots of fill dirt that could possibly be used to raise 24th Street. Mr, Davis has given a 100 foot drainage easement to other property he has to com- pensate for this fill. CHARLES M. DAVIS was present and stated if he can purchase the 12 lots he will start immediately levell- ing off the whole area including the hill along 24th Street as well as the hill on Hoover Avenue, moving it west. As soon as he has the area available he would like to go ahead with a warahSVPO, He also plans to start constructing a fence beginning. at the Vanderbug'g Packing Company and moving east, a sheet metal fence which will make the whole area look better. COUNCILMAN INGALLS asked how soon Mr. Davis would start building the ware- house. MR. DAVIS stated it depends on th3 negotiations that 7/31 88 have to be completed regarding the size and type. There is a demand for warehousing spate, and he has the material. Mr. Davis said he will agree to have one of his tractors in there within three or four days after the sale is completed. RESOLUTION NO. 5514 was read, setting the sum of $1,627.86 as the minimum sales price of the following described property: Lots-1 to 10 inclusive and Lots 13 and 14, in Block 88 of City plat. The Tax Collector is authorized and directed to advertise and sell at public auction, according to law, the aforesaid property, free and clear of all liens and encumbrances except 1951-52 County and City taxes, easements, rights of way, reservations and assessments of record. The Mayor, City Clerk and Tax Collector are hereby authorized and directed to execute and deliver, according to law, to the purchaser at said sale, a good and valid deed to said property. Moved by Hart, second- ed by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. Moved by Hart, seconded by Curry, that the meeting be closed. Carried, all Councilmen present voting aye. ATTEST: milkcih • MAYOR 4TY of NA IOL CITY, p$IFORNIA 7/31