HomeMy WebLinkAbout1947 05-20 CC MIN11J4
National City California, May 20, 1947
Regular meeting of the City Council was called o order by Mayor
Fritz at 7:30 F. M, Councilmen present: Adams, Cordingly, New-
berry, Thatcher, Fritz.
Moved by Adams, seconded by Cordingly, that the reading of the
minutes of the regular meeting of May 6, 1947, be dispensed with.
Carried, all Councilmen present voting aye,
ADMINISTRATIVE OJFICALS present: Smith, Dickson, Gautereaux,
Campbell, Rogers,
BILLS AUDITED by the Finance Committee presented:
General Fund 42,138.04
St, Imp. Fund 640.45
Park M & I Fund 411.53
1946 Sewer Fund 445,83
Unapp, Com. Fund 220,93
Plan, Com, Fund 50.00
Payroll Fund 6.824.70
TOTAL $p50, 731.48
Moved by Adams, seconded by Cordingly, that the bills be allowed
and warrants ordered drawn for same. Carried, all Councilmen
present voting aye,
REPORT PROM THE PLANNING COMIfSSION was read, reporting that
the petition of Stella B. Kammerer to -operate a rest home at
240 East Division Street, had been denied. Moved -by Newberry,
seconded by Thatcher, that the report be accepted.. Carried,
all Councilmen pre..ent voting aye.
COMMDNICATIODT i'ROM CITY ENGINEER TRELQND was read, recommending
that the bid of Carroll & Foster in the amount of `,$26,840.00 be
accepted for construction of a 16 inch pressure sewer line on
6th Street.
RESOLUTION N0. 4389 was read, accepting the bid of Carroll &
Foster in the amount of $26,840.00 to construct a 16 inch
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pressure sewer line on St: Street ana author' ;rg Aitcrn�y
Campbell to draw up a contract. loved by New -Jerry, seconu"d
Adams, that the Resolution be adopted, Carriec' , Ill Counc:lr1Lr
present votin'; aye
COMMUNICATION TRO:: THE CALIFOR:In ""TER & Tx' EP:.ONE CO, was read,
agrecin;, to assume any charges incurred by the City in the ex-
change of Colorado River "'ator for water from thc City of San
Diego system.
COMMUNICATION FROM DOROTHY JENSEN was read, requesting the
operation of the concession at the swimming pool again this
year, Park Supt. Gautereaux vras present and stated that the
pool office has been remodeled and the quarters so much smaller
that he is in favor of the City having the check stand under
City control. Councilman Newberry didn't approve of the City
building a structure for the concession. ?Cr. Gautereaux
recommended that a contract be drawn outlining the duties of
Mrs, Jensen and controlling the sale of merchandise. Moved by
Newberry, seconded by Thatcher, that Park Supt. Gautereaux and
Administrotivo Oificcr Dickson draw up thc contract. Carried,
all Councilmen present voting aye.
APPLICATION 02 G, "'1, DIETRICX to :-love in a house from 1472
Lincoln Avenue, San Dicgo, to the Sz of SE+, ex, St., 40 Acre
Lot 2, * Section 132, was read. 'loved by Adams, seconded by
Cordingly, that the application be granted provided the building
is brought up to specifications. Carried, all Councilmen
present voting aye.
CO:T:^JNICATION FROII C, 7, VAN3ANT, City Treasurer, was read,
enclosing a check for $816.41 for street bonds which the City
owned and w ich had been paid in full, :loved by Newberry,
seconded by Cordingly, that the money be accepted,-- Carri_ed, all
Councilmen present voting aye.
RESOLUTION NO, 4390 was r,ad, accontir,r u qut. claim at,e 2-cn
Estelle C. Levi, Ruth L, Rilbir ilt-herd c,cr1 uLvi apd _,ol,nan
George Levi on the follow' ng d' scrib,,d n--ni. c+y: 1 •20. Block
Lots 1-20, Block 2; Lots 1-20 BLon: '_; Lets .,-c0, DLo.k 4, all
in 10 Acrc Lot 7, t Sectior. L54. 'loved 5y Ncwb,'trv, s condc,l by
Cordingly, that the Re$oi :t1on be oont cd. C„r: tee, all Council-
men present votinr: aye,
CO:.MUNICATION RRO='. C, ,' VA.: ANT, City Treasurer, was read, nros-
enting a check in the amount of 4085.40 from paper drivers con-
\ ducted by E, J, Christman, to be dcpo.itcd in the War -:cmorial
Fund. Moved b; Adams, seconded by Cordingly, that the money bc
accepted. Carried, all Councilmen present voting aye.
APPLICATION 2110" 7ErT DAVIS, 525 Shasta Drive, Chula Vista, was
read, requesting a refund on his business Liccns,,. Chief of
Police Bates recommcnd..d a refund of `?12.50, -ovcd by Adams,
seconded by Cordingly, that the refund be granted. Carried,
all Councilmen present votin; aye.
PETITIOI: signed by L1 property owners and merchants was read,
requesting tits amendment of thc parking ordinance. to include
13th Strcet between rational t.nd Roosevelt AvLnucs in the one
hour parkin_; zonr, , Ilovod by hewbcrry, seconded by Thatcher,
t'r,t a survey by the Traffic Comni.,sion bc mad,. of other
similar districts so that they may all be included at thc same
time, Carried, all Coincil cn present voting ayo.
CKLCTC for a500.00 -Jas presented from the National City Lions
Club to the City to be used for tn:, employment of a swimming
'instructor at the ;Iunicip:L Pso1 t'ii, ..utimer, "ovcd by Adams,
sccond.a. by ITcv.bcrry, that tic check be accebtcd. Carried, all
:Judc,iinen nrL.,nt votln- nyc,
C0i2IU1'TICATION PRO;T SAP DIJ;GO ELECTRIC RY CO, inviting member., of
the Council and th- official fam_ly to participate in a .rce
bus ride given by the Company on Tay 31ct, was read and ordered
filed,
COiLT_UNICATION $RO'I THE SAY DIEGO CJUDTY PAIR was read, requesting
permission to hang banners and stencil sidewalk signs advertis-
ing the County Jair, Mayor 2ritz suggested that they bc allowed
to hang banners under the supervision of the St, Supt, and Bldg.
Inspector, Moved by Thatcher, seconded by Newberry, that the
Mayor's suggestion bc allowed. Carried, all Councilmcn present
voting aye.
It now being 8:00 o'clock P,
M<ayor Fritz for a power loader,
for one "Scoopmobile" priced at
the 24% sales tax, was read.
bids were ordered opened by
Bid of Hudson -Tucker, Inc,
$4,085,00 POB San Diego, plus
RESOLUTION NO, 4391 was read, accepting thc bid of Hudson -Tucker
Inc. for $4,045,00 FOB San Diego, plus sales tax 24% for one
"Scoopmobilc ' power loader and authorizing Purchasing Agent
Dickson to purchase same, Moved by Newberry, seconded by
Cordingly, that the Resolution be adopted, Carried, all
Councilmen present voting aye.
EDWIN A, '=UELLER, appraiser, was present
ment of $10,000.00 for service rendered
in regard to his state -
on the tidelands case.
I:r,'Itucller outlined his work on the case 'nd stated that his
apnraisal of thc tidelands was $7,260.00 per acre, the highest
apnraisal presented at thc trial, Councilman Newberry stated
that he did not want 'r, Mueller to take his remarks as critic-
ism but that Tyr, rucller had agreed to prepare the preliminary
report for $2,000.00 Councilman Newberry further stated that
the rcport was completed in October 1945, that he had never been
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paid mild there was never a s:v;nra -;r,,Htru. Attorney C-mpb'. c
stated that Mr. Muelier'i tes t'Ion; \,-s oxce.L! ent ^n1 vile a
great help on the case. Councilmac M'tJ of -.tad that the
Council was placed in an urfa-r pc s 7 or., T'iat Mr. Mueller
"is an expert and we are amateurs" ^.n:'. he should have told the
Council of the additional work and there woald be additional
charges. T'r. Mueller stated that it was an "unusual deal and
involved a tremendous volume of time for the trial." Attorney
Campbell stated that Mr. Mueller spent his entire time including
night work every night for approximately three weeks before the
trial working on this case, ATTORNEY Li0NROE was present and
stated that Mr. Mueller spent his entire time working on the
case several days before the trial. That it was entirely
different than any other case he had tried. On such a case an
attorney must have a foundation and evidence or the attorney
can do nothing, and 71r. Mueller furnished this requirement.
Councilman Thatcher stated that possibly the work Mr. Mueller
did warranted that much money but the City had a contract with
4 him. Moved by Adams that 32,000.00 plus 1)100 per day in
courts be Mllowed TTr. Mueller. Mayor Fritz stated more money
was involved as Et. ::ueller appeared in State Court, had expense
on some maps and th.c Federal Court Trial, Attorney Campbell
stated that :r. Mueller worked nine days in ,Federal Court, and
two days in State Court. Councilman Adams stated he would
amend his motion and moved that $3,450,00 be paid Lf. Mueller.
Councilman Newberry stated that it is very unpleasant to beat
down a bill but the City had a contract with Mr. Mueller. Mr,
Mueller stated that he "would rather contribute to the City
th.. $3.500.00," "That I have never before been considered
unfair," T's, T°ueller thanked the Council, ptc':ed up his brief
cast. and departed.
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RESOLUTION NO. 4392 was read, ^ut:.an'tzc-g thr payment of 5Y2 000,00
plus $100,00 per day in court, n.'TE •?...C.O0 :.or-�••na tan 7-1Tnn
A, Mueller, apnr^iser, Moved by Nev.b?:ry. ceconded by td-um ,
that the Resolution be adon*cd. Orrrl,c1, :l1 Councilmen present
voting aye,
ORDINANCE NO. fixing a datum line vas presented for the
seconded and final reading. Moved by Newberry, seconded by
Adamm, that only the heading be read. Carried, all Councilmen
present voting aye.
iftINANCE NO, 733, AN ORDINAlNCE FIXING A DATUM LINE: ESTABLISH;
ING A PRIMAL BENCH MARK: PROVIDING THAT ALL OFFICIAL GRADES
SHALL BE DESCRIBED WITH REFERENCE TO SAID 02 ICIAL DATUM LIPS:
ESTABLISHING CURB ELEVATIONS AND GUTTER DEPTHS AND FIXING THE
WIDTH 0P SIDE'ALKS IN THE CITY OF NATI)NAL CITY, CALIFORNIA,
AND REPEALING ORDINAITCES NOS. 8, 18, 76, 105, 346, 407, 438,
472 and 505 of SAID CITY. Moved by Newberry, seconded by Cording-
1y, that the Ordinance be adopted. Carried, all Councilmen
present votin3 ayc.
ORDINANCE N0. , providing specifications for the construction
of sidewalks and curbs, was presented for the second and final
rEnding. Moved by Adams, seconded by Newberry, that only the
heading 'ae read. Carried, all Councilmen present voting aye,
ORDINANCE NO. 734, AN ORDINANCE TO PROVIDE SPECIFICATIONS FOR
THE :Os:ST' ucTICN or PORTLAND CEMENT CO_?CRL'TE SIDETALTLS AND CURBS
'N TEL CITY 0- 1IATIJNAL CITY. CALI:OT-IA, AND REPEALING 0tDINAN-
C2S NCS, 341, 516, and 530. 'loved by Adams, seconded by Ncw-
Ler.), thtt the Ordinance be adopted. Carried, all Councilmen
prc^ant v)tin;
CO'..i.._TUi ICATION 7140,7 flE COUNTY LLAGUE Ole CALIE'OR IA CITIES was
read, requesting the cities in the San Diego metropolitan area
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to pass a resolution requesting the County Board of Supervisors
to finance the study of refuse die-nora_ problems in this area.
Mayor Fritz stated this would nrnvidh.
for an incinerator,
^.n
CT; `_nerr to make a ,st,'dy
RESOLUTION NO, 4393 was rcad, arcing the County Board of Super-
visors to finance a study of refuse disposol problems in the San
Diego metropolitan area. `loved by Adams, seconded by Newberry,
that the Resolution be adopted, Carried, all Councilmen present
voting aye,
ADMINISTRATIVE O'FICn DICKSON reported that Engineer Ireland has
completed plans and specifications for sidewalks and curbs on
National Avenue from 18th Street to 30th Street, and that
$4,000,00 offered by the Federal Government for their share of
the cost will pay only slightly more than half of their proport-
ionate share.
RESOLUTION NO, 4394 was read, authorizing the City Engineer to
prepare plans and specifications, estimate of cost, and maps of
the district. '"_oved by Newberry, seconded by Adams, that the
Resolution be adopted. Carried, all Councilmen present voting aye,
ADMINISTRATIVE 0 aICES DICKSON reported that he has proposals for
fleet fire and theft insurance from the following Brokers: Guy
&' Guy, $280000; Stevens & Poster, $492.87; W. Villclla, $415,63,
The insurance is for one year, Mr. Dickson recommended that the
proposal of Guy & Guy be iccepted as all of the companies bid
on the same specifications,
nEEO".L'TION YO, 4395 was r:ad, accepting the proposal of Guy &
for 080,09 to furnish the City with fleet fire and theft
in,jur:nce for year. Moved by Thatcher, seconded by Adams,
that the Resolution be adopted. Carried, all Councilmen present
Voting aye.
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ADMINISTRATIVE O'_'^ICER DICKSON rcoortc3 ;.list he has a proposal
from the City of San riego fa: Ls.? flf t'1^. City sc.'cr lines fa
the Paradise Hills district, r'nu;c_ lr-.mn ' :•-'oorry thoun,'it th
City should cooperate but roti ,.ake c. . •.iarcit%i loss, ?loved by
Newberry; seconded by Cordin;iy, that Ain_nijtrative OCPicer
Dickson and Engineer Ireland negotiate with the City of San
Diego. Carried, all Councilman -,resent votin; 2yo,
AD1dINISflATIVE OFFICER DICKSON reported that excellent progress
'is being made on the program for clean up week.
ADMINISTRATIVE OFFICER DICKSON reported on the Government's pro-
posal for settlement of the remaining tidelands, and stated
that it would net the City approximately $1,024,000.00 subject
to the variations of the interest date, and 16 acres of tide.'
lands. Mayor Fritz suggested
Attorney Campbell stated that
Government might withdraw its
granted they might be willing
that thc City wait to negotiate.
if a new trial was granted the
proposal and if the trial was not
to increase the amount, Mayor
Fritz asked how he could justify to the people the award we are
willing to settle for, as the payment would be $800,000.00
short. Councilman Newberry stated that he had very definite
ideas on the subject also but thought the Council should be in
accord. Moved by Ncv'berry, that the City enter into negotiations
for the reminder of the tidelands. There being no second to
the motion. Councilman Ncwberiy requested a recess of five
minute, Moved by Adams. seconded by Newbcrry, that a five
minutes ruccss be taken,
ayc, After f'.ve minutes
Carried, all Councilmen present voting
recess, the Council was called to
cre .r by Mayor Fritz. AL1 Councilmen
present. Moved by Yew.
be-ry, seconded by rhotcher, that the City petition thc Gover-
rmenL for negotiations. Carried, all
aye,,
C.Duncilmcn present voting
1202
l?ovcd by Fcwbcrry, seconded by Adams, that the City file dis-
claimer of thc City's intcrest id the'Tad given to Carl
Johnson for his land involved in .h., tidelands court suit and
same bc signcd by Attorncy Campbell, Carricd, all Councilmcn
prcscnt voting rye,
PETITIOF signcd by 10 liquor merchants of thc South Bay Mer-
chants Ass'n, was presented, requesting the Council to favor
thc Burns Bill mich proposes that thc present liquor hours in
effect be made permnnent as it expires Junc 30th, 1947, Moved
by Ycubcrry, seconded by Thatcher, that thc City act in accord
'vith thc petition, Carricd, all Councilmcn prcscnt voting. myc;
COlTCIL APT THATCHER submitted thc resignation of Dr, James
Norton from thc Park ^ccrcation Committee, :tovcd by Thatchcr,
sccondcd by Fcrbcrry, that thc resi;n,.tion be acceptcd, Carried,
^.11 Councilmen prcscnt voting. ryc,
COUFCIL 'AN THATCHER recommended that the City furnish lights in
the ball park and tennis courts every night during the sumner
vacation period, except Sunday, to 10:00 P, !I,, undcr thc
supervision of thc Prtrk 7ccrcation Committee and the Park Supt,
:loved by Thmtchcr, seconded by Adams, that the recommendation bc
acccptcd, Carried, ,11 Councilmcn present voting. nye,
J, R,-HARVLY, 1705 Grove Street, was present and statcd thcrc
is no playground for thc teen-agers and it is a disgrrce that
the City has no play ground,for use at night without chargc for
lights, He asked that thc Recreation Committee do something
about it, Councilman Adams statcd that he 1$ in accord '-ith
the idca, Councilman 1 cv'berry reported on the youth activitic5,
TTr, Harvey volunteered his services to shut off the lights,
Administrntivt. Officer Dickson pointed out that the park must
1203
be supervised rtcn the lights .rc on,
!ttyor Fritz referred :Tr, H,.rvcy t- t'.c Park Recreation Committee,
-mAYOR ='RITZ suggested th^ L LJm r_ ^.ti_ v. 2ff:.ccr Dickson contact
the ot-ncrs of the 40 acres 'n.nt of tr Cl-y property on 4th
Street. in regard to pur.:hase same fox Dark land, "loved by
Nei -terry, seconded by Cord4ngly, that Yr, Dickson follow through
on the ?Jayaris suggestion, Carried, all Councilmen present
voting aye,
',loved by Cordingly, seconded by PTcwberry, thnt the meeting be
adjourned until Thy 27, 1947, at 3:00 P, II, o'clock, Carried,
all Councilmen present voting ayc,
ATTEST:
I;AYO , I TY O: ITATI JI&i CI
CLMIC
1
CALT3 )W IA