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HomeMy WebLinkAbout1963 02-05 CC MIN281 National City, California, February 5, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. Carstens ADMINISTRATIVE OFFICIALS present: Alston/Foster, Hess, Osburn, Ruehle, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by the Rev. I. L. Clark, First Baptist Church. Moved by Hart, seconded by Colburn, the amended minutes of the regular meeting of January 22 be approved. Carried by unanimous vote. Moved by Hart, seconded by Alien, to approve the minutes of the adjourned meeting of January 29. Carried by unanimous vote. RESOLUTION NO. 8287, "RESOLUTION RATIFYING THE SIGNING OF AN AMENDMENT TO CIVIL DEFENSE AND DISASTER AGREE&yiENT" was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8288, -*Extending for an unlimited period of time under conditions set forth in the Resolution the conditionalexception granted by Resolution No. 7601" was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8289, "NATIONAL CITY RESOLUTION REGARDING ENGINEERING FUNDS", was read. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8290, "A RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE COOLIDGE AVENUE BETWEEN 20TH STREET AND 22ND STREET, 21ST STREET BETWEEN HARDING AVENUE AND HOOVER AVENUE, AND THE ALLEYS IN BLOCKS 85, 86, 107 AND 108", was read. Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO.00.••••.•=00, "AN ORDINANCE AMENDING ORDINANCE NO. 828 TO PROVIDE FOR PUBLIC POUND", was presented for the first reading and read in full. ORDINANCE NO. , an Ordinance confirming that the National City Pub- lic Library is operated and maintained under and pursuant to California Statutes 1959, Chapter 2, Page 1461, Sections 27301 through 27455 (California Education Code Sections 27301 through 27455), as from time to time amended'' was presented for the second reading. Moved by Alien, 2-5-63 282 seconded by Colburn, the Ordinance be adopted by reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. ORDINANCE NO. 1062, "AN ORDINANCE CONFIRMING THAT THE NATIONAL CITY PUBLIC LIBRARY IS OPERATED AND MAINTAINED UNDER AND PURSUANT TO CALI- FORNIA STATUTES 1959, CHAPTER 2, PAGE 1461, SECTIONS 27301 THROUGH 27455 (CALIFORNIA EDUCATION CODE SECTIONS 27301 THROUGH 27455), AS FROM TIME TO TIME AMENDED." Moved by Colburn, seconded by Allen, the Ordinance be adopted. Mrs. Irene Phillips, 105 East 7th Street, was present and stated she would like the Ordinance to contain additional information so future history students might have a proper source for their theses. The motion was carried by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY ATTORNEY CARSTENS recommended a motion be made that the Council at the January 22nd hearing on Highland Avenue 1911 Act found and deter- mined that insufficient protests were made to constitute a majority protest and that those protests made be overruled. Moved by Morgan, seconded by Allen, to approve the City Attorney's recommendation. Carried by unanimous vote. CITY ATTORNEY CARSTENS reported receipt of cancellation of sidewalk bond covering Jessie Brothers Cement Company from Pacific Employers Insurance Company and there is no work in progress and recommended it be filed. Moved by Morgan, seconded by Colburn, the Attorney's recom- mendation be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS reported receipt of certificate of insurance from M. G. White -Starke Insurance Company in regard to insurance for C. S. Johnson, dba Abbett Supply Company, and recommended it be filed. Moved by Morgan, seconded by Hart, the Attorney's recommendation be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated he had furnished the Council and City Manager with a written report on the matter of the Tidelands lease for E-Z Set. Moved by Allen, seconded by Morgan, to change the time for the hearing on March 5th contained in Resolution No. 8290 from 1:30 to 2:00 p.m. Carried by unanimous vote. MAYOR GAUTEREAUX presented Guy Wilson with a certificate in recognition of his outstanding service to the City of National City in the field of business promotion and community improvement. HEARING ON SHELBY DRIVE ANNEXATION was held at this time. City Clerk Alston reported no written protests had been received. There was no one present to protest. Moved by Allen, seconded by Hart, the hearing Corrected 2-19-63 2-5-63 283 be closed and referred to the City Attorney for further processing of the annexation. Carried by unanimous vote. RESOLUTION NO. 8291, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT RRYN MADE (SHELBY DRIVE ANNEXATION)", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux, Nays: None. HEARING ON HOGAN ANNEXATION was held at this time. City Clerk Alston stated no written protests had been received. There was no one present to protest. Moved by Morgan, seconded by Alien, the hearing be closed and referred to the City Attorney for further processing of the annexa- tion. Carried by unanimous vote. RESOLUTION NO. 8292, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (HOGAN ANNEXATION)", was read. Moved by Allen, sec- onded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Lawrence Holzman, Executive Secretary -Manager, San Diego Wholesale Credit Men's Association, was present and stated his association is assignee for EZ Set Window Corporation and they have attempted to find a lessee for the property. They have found a purchaser for the EZ Set assets, who wishes to start his manufacturing operation March 1, 1963, providing the City will lease the property to him. If Mr. Martin is acceptable to the City and the lease is signed, San Diego Wholesale Credit Men's Association will issue a check to the City of National City for the back rent owed by EZ Set. CITY ATTORNEY CARSTENS stated under the terms of the lease with EZ Set, upon cancellation by the Council December 4, 1962, any buildings or improvements or installations put on the property by the lessee may be removed within sixty days or become the property of the lessor. It is possible, therefore, based on the lease only, the buildings are the property of the City, and it is for the Council to determine policy on the buildings. Richard Singer, 2507 Fourth Avenue, San Diego, an attor- ney representing Al Heflin, chattel mortgagor of the buildings, was present and stated his opinion is that Mr. Heflin's recorded chattel mortgage would take precedence over the terms of the lease; the City might have acquired EZ Setts interest in the buildings. Mr. Holzman stated if he had known there was any possibility of the City's claim ing the buildings, his organization would have had the matter in the Federal Bankruptcy Court before the sixty day period ended. MAYOR GAUTEREAUX stated any action taken on this matter should be done jointly with the Unified Port District. 2-5-63 284 Dean Rice, real estate agent with Percy Goodwin Co., 600 First National Bank Building, was present and stated he represented Mr. Martin, Cali- fornia Wood Products, and Mr. Martin must be able to begin operating by March lst. Moved by Morgan, seconded by Allen, to go ahead and refer the problem to the City Attorney to get a tenant in with money coming in and all the back rent, leasing the land only. James Darnell, 666 "J" Avenue, Coronado, holder of a chattel mortgage on the buildings, was present and stated Mr. Martin would take over the chattel on the buildings, and that he had proposed taking over the lease but he cannot put a glass factory there. MAYOR GAUTEREAUX stated that Mr. Martin would not be able to make full use of the property himself and would have to sub -lease and under certain conditions these are tidelands and sub- lease is illegal. VICE MAYOR ALLEN said the lease could be made only for that portion of the property which Mr. Martin would use. Mr. Singer suggested a conditional lease be drawn until such time as determination is made on ownership of the land. Motion failed by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Gautereaux, seconded by Allen, the City of National City divest its interest in these buildings and proceed on a lease basis for the property with Mr. Martin subject to the approval of the City Council and City Attorney, predicated on the position the City owns the property with provision that if it is once established the City does not own the property, but it is subject to the Unified Port District, the City will not be held responsible for the lease. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. JAMES C. HAUGH, Vice President and General Manager, San Diego Transit System, was present and summarized the position of his company relative to the suggestion that a Public Transit Authority Bill be established in the State Legislature this year. Although service and maintenance standards of San Diego Transit System have been high, reduced bus travel has made it impossible for them to continue much longer. The cities of San Diego County will have to reach a decision on how they can take over the ownership of the transit system. CITY MANAGER HESS stated he had conferred with officials of the P.O.N.Y. League relative to their paying half the cost of installation of lights at Hart Field, Kimball Park, and they do not have funds available. The City can install these lights at the present time and City Manager Hess recommended the Council give him authority to direct the Director of Parks to work with the P.O.N.Y. League to install the lights and if Lea ue the P.O.N.Y. as any money at the end of the year, pay a share of the 2-5-63 285 cost as they have indicated they would do. Moved by Morgan, seconded by Colburn, to approve the City Manager's recommendation. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Allen. Moved by Allen, seconded by Hart, a resolution be drawn honoring Miss Mabel Coan who is retiring after teaching in the National City Schools for almost forty years. Carried by unanimous vote, VICE MAYOR ALLEN stated the Principal of Sweetwater Union High School, Allen Campbell, has set March 26th as "Day in Government". There will be an evening Council meeting and students will be in attendance. Moved by Allen, seconded by Colburn, the Mayor meet with Mayor Menzel of Chula Vista to come to an agreement on the boundaries on the Lincoln Acres Annexation and bring the results to the Council for action. Carried by unanimous vote. Moved by Alien, seconded by Colburn, County Ordinance No. 2443 be adopted by National City on Ordinance to be prepared by the Attorney, reading of which would be waived because of its length. Carried by unanimous vote. VICE MAYOR ALLEN stated Police Sgt. Cronk is in Paradise Valley Hos- pital and needs blood; Robert Dunne, temporary humane officer, is also in Paradise Valley Hospital; and recommended the City Manager tell them the Council knows they are in the hospital and hopes they will be back soon. Moved by Allen, seconded by Colburn, the minutes of the Real Estate Committee meeting of February 1, 1963, be approved. Carried by unani- mous vote. VICE MAYOR ALLEN reported he had received a communication from Mrs. Sherman of the Chamber of Commerce thanking the Council and all responsible for helping put up Christmas decorations. Ordered filed by unanimous vote. MAYOR GAUTEREAUX read a Proclamation establishing February 17-24, 1963, as National Brotherhood Week. Approved by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 14,810.65 Traffic Safety 979.52 Park 711.89 Harbor 254.99 Trust & Agency 25.00 Special Street 1,421.45 Park Construction 34.98 Payroll 54,424.78 TOTAL $ 72,663.26 Moved by Allen, seconded by Colburn, the bills be approved for payment 2-5-63 286 and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported he had checked the problem of the post in front of Schurr's Market and recommended he be allowed to work with the Jaycees for a suitable permanent installation. Approved by unani- mous vote. Re reation MAYOR GAUTEREAUX requested appointments to Park anq/Advisory Board and Planning Commission be deferred until the Board and Commission made their recommendations for appointment to the Mayor. Minutes of the Harbor Committee meeting of January 28, 1963, were pre- sented and ordered filed by unanimous vote. The report of the City Treasurer for period ending December 31, 1962, was presented. Ordered filed by unanimous vote. A communication from San Diego Bay Chambers of Commerce Port Committee was presented and ordered filed by unanimous vote. Report of the City Treasurer regarding business license for the City of Hope was presented. Moved by Allen, seconded by Hart, to accept the recommendation of the City Treasurer and send the City of Hope information on license fee. Carried by unanimous vote. CITY MANAGER HESS stated the City had been offered $45,000 for the property between 26th and 27th Streets, and National and "A" Avenues by George Webster and recommended the offer be accepted. Moved by Colburn, seconded by Allen, the City Manager's recommendation be approved and the City Attorney prepare a resolution authorizing the Mayor to carry out the transaction. Councilmen Hart and Morgan thought it should be sold by public bid. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY MANAGER HESS reported receipt of an escrow statement from the Bank of America relative to the Barber property, in the amount of $2,078.20 and requested Council's permission to pay it out of Special Street Fund. Moved by Allen, seconded by Colburn, to approve the City Manager's recommendation to pay $2,078.20 for the acquisition of right of way for Plaza Boulevard. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported the Public Works Department has moved to its new quarters, meeting the deadline schedule of February 4th, and the Director of Public corks Biggs, and B. J. Gautereaux, and many city employees donated their time Saturday and Sunday to assist in accomplishing the move. Moved by Alien, seconded by Colburn, the City Manager put a letter in the records of the employees involved. 2-5-63 287 Carried by unanimous vote. CITY MANAGER HESS reported consideration is being given to the disposition of the old site. CITY MANAGER HESS reported Representative Lionel Van Deerlin had notified him approval had been given to two projects: Matching funds for the Casa $25,500, and a drainage project on Seventh Street for $20,000. The City Manager said HHFA had been asked for guidance on how to get the work under way. CITY MANAGER HESS stated several items of old equipment beyond repair had been left at the old Public Works site. Bids were solicited for purchase and the three best were: Scrap Disposal, $14.00 a on; A & A Auto Wrecking, $1,182.00; and B. E. Reid Co., $1,200.00. City Manager Hess recommended the bid of B. E. Reid Co. be accepted. Moved by Allen, seconded by Colburn, to approve the City Manager's recommenda- tion. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS reported receipt of a communication from the Chair- man of the Maytime Band Review requesting permission to use Las Palmas Pool School on April 20th for their Miss Maytime Majorette Contest. The City Manager reported the -schoo-1 is available at that time and recom- mended it be made available at no cost. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. The minutes of the January 2, 1963, meeting of the South Bay Irriga- tion District Board of Directors were presented and ordered filed by unanimous vote. CITY (MANAGER HESS read a communication from K. Niek Slijk, San Diego Bay Chambers of Commerce Port Committee, commending the Council for their actions taken in regard to the establishment of the San Diego Unified Port District. The communication was ordered filed by unani- mous vote. CITY MANAGER HESS read a communication from the Board of Directors of the Chula Vista Chamber of Commerce commending the City of National City and the South Bay Irrigation District for engaging the services of consulting engineers, Leeds, Hill & Jewett, in regard to the pro- posed increase in rate by the California Water and Telephone Company. Ordered filed by unanimous vote. CITY MANAGER HESS requested the Council, in regard to a sewer survey, to grant authority to his office to have two City representatives work with California Water and Telephone Company representatives to estab- lish meters within the City, for the purpose of a later determination of a sewer service charge required and consideration be given to 2-5-63 288 authorize the California Water and Telephone Co. as the billing agency for the service charge. Moved by Allen, seconded by Colburn, to approve the City Managerts request. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY MANAGER HESS stated a suit with California Water and Telephone Co. in regard to a deposit for Highland Avenue (4th to 8th Streets) in the amount of $1,550 has been adjudicated in court in favor of the City and California Water and Telephone Company is to pay $1,550. plus $49.50 court costs, plus seven percent interest until paid. California Water and Telephone Company now wishes to settle in full two similar pending suits: Deposit for Highland (8th to 18th Streets) $2,290.00 and deposit for Eighth Street ("L" to Sanitarium) in the amount of $10,250 and the City Manager recommended the settlement be accepted. Moved by Morgan, seconded by Hart, the matter be placed on the agenda for next Council meeting. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Allen. A communication from the Legislative Secretary to Governor Brown in regard to Resolution No. 8271 was read by City Clerk Alston and ordered filed by unanimous vote. CITY CLERK ALSTON read a communication from Assemblyman Richard J. Donovan describing his preparation of legislation to amend Section 405 of the Revenue and Taxation Code. The communication was ordered filed by unanimous vote. CITY CLERK ALSTON read a communication from Assemblyman Jack Schrade acknowledging receipt of Resolution No. 8271. The communication was ordered filed by unanimous vote, CITY CLERK ALSTON stated the typing on the original Certificate of Incorporation for the City of National City had become illegible and she had requested a new copy from the Secretary of State. As there was no copy on file in the State offices, a new certificate was writ- ten and the State hopes it mill meet with the approval of the Council. City Clerk Alston recommended it be referred to the City Attorney for his approval. Moved by Hart, seconded by Alien, the City Clerk's recommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER reported the drainage problem of Fred Bruner, 1609 Grove Street, will be taken care of by the Street Department. CITY ENGINEER FOSTER stated in regard to the Seventh Street drain, an easement was obtained across the property of Mr. and Mrs. Jarvis in fiscal year 1958. The present plan is to run the drainage underground and the Jarvises have agreed to furnish the City a new easement; how- ever, they have requested the old easement be vacated. A document 2-5-63 289 has been prepared by the Engineering Department to vacate the old easement and City Engineer Foster recommended it be referred to the City Attorney for proper action. Moved by Alien, seconded by Colburn, the City Engineer's recommendation be approved and the document referred to the City Attorney. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN recommended the City Manager be author- ized to notify architect Bradt as soon as he has information regarding the matching Federal funds for the Casa in order that he may proceed with the final plans. Moved by Morgan, seconded by Hart, the Director of Planning's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated she attended a meeting of the County Boundary Commission relative to the annexation of the Lower Sweetwater Local Fire District. Their recommendation is the legal description for the annexation be approved, containing the portion of Lincoln Acres and taking in the Antlers Merchants property; if Valley Annexation #2 to Chula Vista is not consummated, we could proceed across the Morrison property to take in property on Edgemere Road as an inhabited annexation. Some areas remaining in the County would be without a Fire District. Vice Mayor Allen stated a North -South County fire protection alliance is to be set up under Civil Defense. A copy of the County Boundary Commission report will be presented to the Council when it is available. PORT COMMISSIONER RUBBLE reported he had attended the meeting of the San Diego Unified Port District on Thursday, January 31, 1963, and they had the first reading of the proposed amendments on the Port District Act. These amendments concern bonding and will eliminate the possibility of double taxation on anyone in the District. Thurs- day, February 7, at 2:00 p.m. there will be an open meeting with attorneys from O'Melveny and Meyers, in attendance. Port Commissioner Ruehle recommended the Council make their wishes known to the Unified Port District for forwarding to Sacramento. Moved by Allen, seconded by Colburn, to approve Port Commissioner Ruehle's recommendation and instruct the City Attorney to prepare a Resolution opposing Assembly Bill No. 474, deleting Coronado from the Unified Port District and the City Clerk forward them to all legislators from the County and on the Committee. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Abstaining: Hart. MAYOR GAUTEREAUX recommended the Council adopt a policy opposing any amendment to Assembly Bill No. AB 41 unless recommended by our Port Commissioner. Moved by Allen, seconded by Colburn, to approve the Mayor's recommendation. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Abstaining: Hart. Mayor 2-5-63 290 Gautereaux recommended a copy be sent to the Unified Port District by the City Clerk. Moved by Allen, seconded by Colburn, the Mayor's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Abstaining: Hart. Moved by Allen, seconded by Morgan, the City Attorney attend the hear- ings in Chula Vista February 13-15 in regard to the proposed rate increase by California Water and Telephone Co. and the Deputy Attorney attend the adjourned Council meeting at 1:30 on February 13. Carried by unanimous vote. CITY MANAGER HESS requested Council approval to attend a City Manager's meeting on February 13th and his assistant attend the Council meeting in his place. Moved by Allen, seconded by Colburn, the City Manager's request be approved. Carried by unanimous vote. MAYOR GAUTEREAUX read a communication from the State -Wide Committee on Off -Post Recreation for Armed Services in California, stating National City has received an award of merit for outstanding services to military personnel. The award will be presented on February lath at 12:45 p.m., Conference Building, Balboa Park. Moved by Morgan, seconded by Hart, to adjourn the meeting until 1:30 p.m., February 13, 1963. Carried by unanimous vote. The meeting was adjourned at 4:35 p.m. ATTEST: OR, CITY OF Nf ONAL CITY, CALIFC)RNIA 2-5-63