HomeMy WebLinkAbout1963 08-13 CC MIN43
National City, California, August 13, 1963
Regular meeting of the City Council was called to order at 1:30 p.m. by
Vice Mayor Allen. Council members present: Colburn, Hart, Morgan,
Allen. Absent: Gautereaux.
ADMINISTRATIVE OFFICIALS present: Foster, Hess, Osburn, Stratton,
Deputy City Attorney Todd.
The meeting was opened with salute to the Flag by City Manager Hess,
followed with invocation by the Rev. R. D. Richardson, South Bay Com-
munity Church.
ACTING MAYOR ALLEN presented certificates to Mrs. Irene Phillips and
Paul Mizony in recognition of their outstanding work in the field of
local history. Mrs. Phillips announced her latest book is available
at $1.00 per copy.
Moved by Colburn, seconded by Hart, the minutes of the regular meeting
of August 6,.1963, be approved. Carried by unanimous vote. Absent:
Gautereaux.
RESOLUTION NO. 8436 was read, "RESOLUTION DETERMINING RESULTS OF ELEC-
TION"OF 'LOWER SWEETWATER LOCAL FIRE DISTRICT NO. 1' ANNEXATION
"BE IT RESOLVED by the City Council of the City of National
City as follows:
"1
It is hereby determined that a majority of the votes
cast in the election held July 30, 1963, were cast against
annexation of 'Lower Sweetwater Local Fire District No. 1' to
the City of National City.
"2. That the official canvass of said votes indicates that
197 number of votes were cast for annexation and that 389 number
of votes were cast against annexation.
"3. That the City Clerk is hereby ordered to record upon
the minutes of this Council the information required by Section
35133 of the Government Code of the State of California, as
amended.
"4. That no new petition embracing any of the same terri-
tory included in said election shall be filed with the City
within twelve (12) months after the date the results of said
election were canvassed and declared.
"PASSED AND ADOPTED this 13th day of August, 1963. Signed,
Cecil F. Allen, Vice Mayor. Attest: Irene A. Stratton, City
Clerk." Moved by Morgan, seconded by Hart, the Resolution be adopted.
Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan,
Allen.- Nays: None. Absent: Gautereaux.
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RESOLUTION NO. 8437, "A RESOLUTION GIVING NOTICE OF INTENTION TO VACATE
AND CLOSE "Q" AVENUE BETWEEN 7TH AND 8TH STREETS AND THE ALLEY RUNNING
EAST AND WEST IN THE AREA BETWEEN 7TH AND 8TH STREETS, "Q" AND "R"
AVENUES", was read. Moved by Morgan, seconded by Colburn, the Resolu-
tion be adopted. Carried, by the following vote to -wit: Ayes: Colburn,
Hart, Morgan, Allen. Nays: None. Absent: Gautereaux.
Ordinance No. , ordinance determining amount of revenue necessary
from property taxes for support of its departments of City of National
City, California, for fiscal year 1963-64, was presented for the second
reading. Moved by Morgan, seconded by Colburn, the reading of the
ordinance be waived and the ordinance be adopted by title only. Carried
by unanimous vote. Absent: Gautereaux.
ORDINANCE NO. 1072, "ORDINANCE DETERMINING AMOUNT OF REVENUE NECESSARY
FROM PROPERTY TAXES FOR SUPPORT OF ITS DEPARTMENE OF CITY OF NATIONAL
CITY, CALIFORNIA, FOR FISCAL YEAR 1963-64". Moved by Hart, seconded by
Colburn, the Ordinance be adopted. Carried, by the following vote to -
wit: Ayes: Colburn, Hart, Allen. Nays: Morgan. Absent: Gautereaux.
Ordinance No. , ordinance amending Section 51 of Ordinance 708, was
presented for the second reading. Moved by Colburn, seconded by Morgan,
the reading of the Ordinance be waived and the Ordinance be adopted by
reading of the title only. Carried by unanimous vote. Absent: Gautereaux
ORDINANCE NO. 1073, "ORDINANCE AMENDING SECTION 51 OF ORDINANCE 708".
Moved by Morgan, seconded by Colburn, the Ordinance be adopted. Carried,
by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Allen.
Nays: None. Absent: Gautereaux.
DEPUTY CITY ATTORNEY TODD reported a petition for Writ of Mandate is
being prepared in accordance with the action taken by the Council last
week and there has been research accomplished on the question of possi-
ble malfeasance of the City Clerk; however, this is legal research and
a formal opinion has not yet been completed. Deputy City Attorney Todd
requested further report be postponed.
DEPUTY CITY ATTORNEY TODD reported he has attended the P.U.C. hearings
regarding the possible rate increase for the San Diego Transit System.
The hearings came to a temporary end yesterday when both the Transit
System and Public Utilities completed their cases. The Hearing Officer,
Mr. Abernathy, requested a delay in final submission of the matter until
early January, 1964, and on the record of the hearing requested the
cooperation of the Cities of San Diego and National City, the Transit
System and the Public Utilities Commission staff in an effort to develop
additional studies necessary before the Public Utilities Commission can
rule on the request for the rate increase. The Deputy City Attorney
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further stated the Transit System has sought an increase in fares and a
realinement of the fare zones; and, of importance to National City,
requested two local shuttle routes in National City which are "losing"
routes be discontinued. The first meeting is to be held within the next
four to eight weeks. Deputy City Attorney Todd inquired if the Council
wished to cooperate with the request and if the attorney is to appear
at the meeting. Moved by Colburn, seconded by Allen, the City Attorney
be instructed to continue in regard to the hearings on the Transis Sys-
tem. Councilman Hart stated he is not in favor of the attorney continu-
ing. Councilman Colburn stated since two shuttle routes within the City
may be discontinued and there are citizens dependent upon the service
provided by these routes, he feels we should try to keep transportation
for them. Councilman Morgan stated San Diego will have an attorney
present and it will not be necessary for National City to be so repre-
sented. Deputy City Attorney Todd stated the reason the Commission
requested the presence of National City was relative to the two shuttle
routes. Vice Mayor Allen stated Mr. Alsdorf requested the Council to
keep a finger on it because he is a bus user and there are many others
who use the bus for transportation and we should have someone represent-
ing us. The Deputy City Attorney stated an interim increase has been
granted to the Transit System pending completion of the additional
studies. Motion failed to carry by the following vote to -wit: Ayes:
Colburn, Allen. Nays: Hart, Morgan. Absent: Gautereaux. Acting
Mayor Alien stated the matter will be on the agenda next week.
DEPUTY CITY ATTORNEY TODD stated in regard to the condemnation lawsuit
against Mr. Fritz for rights of way for development of Plaza Boulevard,
the City Manager and the City Engineer report Mr. Frig has carrieWI ll
requirements of him in regard to a settlement which was reached, and
requested authority to dismiss the action and to consummate the settle-
ment by payment of the agreed sum to Mr. Fritz. Moved by Morgan, sec-
onded by Colburn, the Deputy City Attorney's request be granted. Coun-
cilman Colburn asked if the terms were set on the settlement. City
Manager Hess stated they were determined several months ago and the
money placed in the bank. Carried, by the following vote to -wit: Ayes:
Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux.
Tom Leonard, 2740 Lincoln Court, was present and stated in regard to the
police back pay, it is possible the City may be ordered to pay back to
1952, amounting to about $18,000 plus interest, whereas the amount now
agreed to by the police is only $8,000. He feels further court action
will be expensive and only cause dissatisfaction among the police offi-
cers. He said the City Clerk could have stated she was not in agreement
with the payment and protested instead of refusing to pay it. He doubts
that any crackpot in town would ever question the payment.
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46
Mrs. Elizabeth Ames, 1927 Granger Avenue, was present and stated an
existing ordinance allows city employees to live within a ten mile radius
of City Hall. The local situation has changed and there are many houses
vacant and much unemployment. City jobs should go to people who pay
taxes and do their buying here. It would aid the economy of the City to
change the ordinance to require employees to live within the City. She
stated she would not want to make any changes so far as present employees
are concerned. Moved by Colburn, seconded by Morgan, the City Manager
be instructed to investigate the possibility of changing the City ordi-
nance for the reasons Mrs. Ames suggested and bring back his report at
the next meeting. Vice Mayor Allen said to restrict people to the
boundaries of National City might mean not getting the best possible
employee. Councilman Hart stated for some jobs it might be necessary
to look outside the City; aircraft corporations advertise back East to
fill certain classifications. Motion failed to carry by the following
vote to -wit: Ayes: Colburn, Morgan. Nays: Hart, Allen. Absent:
Gautereaux. Acting Mayor Allen stated it will carry over to next week.
Stanford Wilson, J. C. Penney Company, was present and requested permis-
sion to charge admission for reserved seats at the Pony League Tournament.
The 500 charge for the 400 seats which will be reserved, (remaining 1600'
seats general admission) will be over and above the general admission
charge for two games: under ten, free; eleven to fifteen, twenty-five
cents; sixteen to eighteen, fifty cents; adults, one dollar. Moved by
Morgan, seconded by Colburn, permission to charge for the reserved seats
be granted. In answer to a question from Councilman Hart, Mr. Wilson
stated stated any child wanting to see the game who did not have the
money would be admitted. Mr. Wilson stated, in answer to a question
from acting Mayor Alien, any money left over after paying expenses of
the Tournament would go toward shuffleboard equipment for older citizens.
Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan,
Allen. Nays: None. Absent: Gautereaux.
ACTING MAYOR ALLEN inquired the name of a boy in the audience and thanked
him for his interest in the city government. He also introduced Coun-
cilman Colburn's daughter who was present.
COUNCILMAN MORGAN stated the grand opening of the Pony League Tournament
will be at 8:00 p.m,, Thursday, August 15th, and would like to have
everyone present. There will be a ball game at 6:00 p.m. prior to the
official opening; Arizona and Kearny Mesa will play the first game.
Councilman Morgan announced season tickets for the tournament are availabl=
ACTING MAYOR ALLEN stated, on behalf of Mayor Gautereaux, he would like
to proclaim this week Pony League Tournament Days. Moved by Morgan,
seconded by Hart, the proclamation be adopted. Carried by unanimous
vote. Absent: Gautereaux.
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47
CITY ENGINEER FOSTER reported in regard to the dedication of the area of
Division Street and Highland Avenue, the records have been researched
and the City has easements for the North half of Division between "J"
and Highland Avenues, 350 feet immediately East of Highland Avenue, it
is 40 feet wide and the remainder is 30 feet wide. It is not of suffi-
cient width to construct a proper street and the City Engineer recom-
mended it be referred to the professional planner who is working under
the Planning Department for recommendations on proper right of way
acquisitions. Moved by Morgan, seconded by Hart, the recommendation be
approved, Acting Mayor Alien inquired if this meant the professional
consultant who was hired to develop a general plan for National City.
City Engineer Foster replied it did. Carried, by the following vote
to -wit: Ayes: Colburn, Hart, Allen. Nays: Morgan. Absent: Gautereaux
CITY ENGINEER FOSTER reported on the closing of a portion of certain
undedicated streets and alleys as requested by the San Diego and/astern
Railway, the Director of Planning has the maps and is on leave and recom-
mended it be laid over until she returns. Moved by Morgan, seconded by
Colburn, the recommendation be approved. Carried by unanimous vote.
Absent: Gautereaux.
The request of Bernard J. and Phyllis M. Banke for Signal Traffic Light
at the intersection of Second and Highland Avenue was presented. Moved
by Hart, seconded by Colburn, it be referred to the Traffic Safety Com-
mittee. Carried by unanimous vote. Absent: Gautereaux.
A communication from Chief Building Inspector Biggs regarding release of
relocation bond of Richard Graham was presented. Moved by Colburn, sec-
ondd by Morgan, it be approved. Carried, by the following vote to -wit:
Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux.
A communication from Chief Building Inspector Biggs regarding the
release of Relocation Bond of Richard McClellan was presented. Moved
by Colburn, seconded by Hart, it be approved. Carried, by the following
vote to -wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None.
Absent: Gautereaux.
CITY MANAGER HESS stated he lives in National City.
CITY MANAGER HESS reported receipt of the minutes of the July llth meet-
ing of the San Diego County Wa`er Authority as well as information in
regard to committee meetings to be held on August 8th and 15th, and
recommended they be filed. Ordered filed by unanimous vote. Absent:
Gautereaux.
CITY MANAGER HESS reported the Chamber of Commerce has requested, in
connection with the forthcoming Navy Week, the use of the Community
Building October 24, 25, and 26, 1963, and the use of Kimball Park on
October 26th. City Manager Hess stated he has checked with the Director
of Parks and Housing and these dates are not in conflict with scheduled
activities and recommended they be allcved the use on a no -fee basis and
he be authorized to communicate with them to advise them so. Moved by
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Hart, seconded by Colburn, the City Manager's recommendation be approved.
Carried by unanimous vote. Absent: Gautereaux.
CITY MANAGER HESS read a communication from Mrs. Maryalice Culp, 2034
E. 12th Street, complimenting employees Leonard Lund and Nelson Cadava
for efficient service rendered when a flood resulted from sewer stoppage
and recommended copies be placed in the personnel files of the employees.
Moved by Hart, seconded by Colburn, the recommendation be approved.
Carried by unanimous vote. Absent: Gautereaux.
CITY MANAGER HESS presented the resignation of Patrolman Jaimie Harris
effective Monday, August 26, 1963, for information only.
CITY CLERK STRATTON reported she received a claim against the City by
Ronald D. Gribble for personal injuries and referred it to the City
Attorney and the insurance carrier and requested the Council to ratify
her action. Moved by Morgan, seconded by Colburn, the action be approved.
Carried by unanimous vote. Absent: Gautereaux.
CITY CLERKSTRATTON read a communication acknowledging receipt of the
Resolution sent to Max Rafferty which was ordered filed by unanimous
vote. Absent: Gautereaux.
CITY CLERK STRATTON stated she has the Affidavit of Mailing Notices on
the improvement of Plaza Boulevard and the Affidavit of Posting notices
on same. Moved by Morgan, seconded by Colburn, they be filed. Carried
by unanimous vote. Absent: Gautereaux.
The operations financial report of the Director of Public Housing for
June, 1963, was presented and ordered filed by unanimous vote. Absent:
Gautereaux.
The City Treasurer's report for the period ending July 31, 1963, was
presented and ordered filed by unanimous vote. Absent: Gautereaux.
Moved by Hart, seconded by Colburn, a certificate of service be presented
to Carl Hansen, who resigned because of illness. Carried by unanimous
vote. Absent: Gautereaux.
COUNCILMAN MORGAN stated City Manager Hess not only lives in National
City, but bought his home here before selling his house in San Diego.
Moved by Morgan, seconded by Colburn, the meeting be closed. Carried
by unanimous vote. Absent: Gautereaux. The meeting closed at 2:30 p.m.
MAYOR, CITY OF NATIONAL CITY, CALIFORNIA
ATTEST:
CITY CLERK
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