HomeMy WebLinkAbout1962 03-27 CC MIN310
National City, California, March 27, 1962
Regular meeting of the City Council was called to order by Mayor Hart
at 1:30 p. m. o'clock. Council members present; Alien, Morgan, Reid,
Hart. Council members absent: Hollingsworth.
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster,
Gautereaux, Hergert, Kerr, Stockman.
The meeting was opened with pledge of allegiance to the Flag by City
Manager Bird, followed with invocation by Rev. Keeble of the First Con-
gregational Church.
Moved by Reid, seconded by Morgan, the minutes of the regular meeting
of March 20, 1962, be approved. Carried by unanimous vote.
Moved by Alien, seconded by Morgan, we refer the matter of Oliver;an-
yon to the City Engineer for a report on the feasibility of opening
24th Street east and west and give us an estimate on the cost of a ramp
into Oliver Canyon, and whether he would recommend such a move, and make
a report on the entire matter to the Council. Carried by unanimous vote.
Moved by Alien, seconded by Reid, we ask the National City Chamber of
Commerce Bay Committee to make a recommendation to the City Council on
the Fisher Bill. Carried by unanimous vote.
COUNCILMAN ALLEN stated due to the fact we had a fire Sunday morning in
the Housing Project, he would move we initiate immediately the second
step of the recommended phasing out of the publicly owned Olivewood
Housing. Motion died for lack of a second. COUNCILMAN REID stated the
fire was at 128 E. 26th Street. Moved by Reid, seconded by Morgan, the
unit at 128 E. 26th Street and the two others just east, making a total
of 24 units be torn down, and isolate it while it is being done; allow-
ing 90 days or whatever time is necessary to move the people to other
units we have vacant. Carried, by the following vote to -wit: Ayes:
Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth.
RESOLUTION NO. 8093 was read, prohibiting the parking or leaving stand-
ing of a vehicle between the hours of 4:00 a.m. and 6:00 a.m. on the
following streets: 1. On National Avenue between 2nd Street and 13th
Street. 2. On 8th Street between Roosevelt and "D" Avenue. Moved by
Morgan, seconded by Reid, the Resolution be adopted. Carried, by the
following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None.
Absent: Hollingsworth.
RESOLUTION NO. 8094 was read, accepting Covenant Running With Land from
Vert D. and Ila C. Mason. Moved by Allen, seconded by Reid, the Resolu-
tion be adopted. Carried, by the following vote to -wit: Ayes: Allen,
Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth.
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RESOLUTION NO. 8095 was read, "RESOLUTIOON GRANTING ZONE VARIANCE PURSU-
ANT TO ORDINANCE NO. 962". The variance is granted on the property
described as follows: The Westerly 216 feet of Lot 290 and the Westerly
76.76 feet of the Easterly 151 feet of Lot 289, Lincoln Acres Annex
No. 2. Moved by Reid, seconded by Allen, the Resolution be adopted.
Carried, by the following vote to -wit: Ayes: Allen, Reid, Hart. Nays:
Morgan. Absent: Hollingsworth.
ORDINANCE NO. , an ordinance amending Ordinance No. 857 was pre-
sented for the second and final reading. Upon motion of Allen, seconded
by Reid, thn reading of the ordinance was waived. Carried by unanimous
vote.
AMENDED ORDINANCE NO. 1027, "AN ORDINANCE AMENDING ORDINANCE NO. 857
TO PROHIBIT USE OF MANCHESTER AVENUE BY COMMERCIAL VEHICLES". Moved by
Allen, seconded by Reid, the Ordinance be adopted. Carried, by the
following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None.
Absent: Hollingsworth.
ATTORNEY CURRAN reported he received a notice the protest to the iagu-
ance of an off sale beer and wine license to Fred Elser; Leo R. & Irma
Steadman, 3106 E. 16th Street before the Department of Alcoholic Bever-
age Control has been set for hearing on April 17, 1962, at 11:00 a.m.
in the Court Room of the District Court of Appeals, 620 Ash Street, San
Diego.
ATTORNEY CURRAN stated the Insurance Agents Association have submitted
five endorsements to be attached to the fire insurance policies which
the City of National City maintains. The endorsements increase the
property coverage by $13,600.00, and all other terms of the policies
remain the same. It was the Attorney's recommendation the endorsements
be physically attached to the policies to which they refer after being
given a separate document number and filed by the City Clerk. Approved
by unanimous vote.
ATTORNEY CURRAN stated the Crime Prevention Conference which was held
in Los Angeles last Saturday was a very outstanding success, and included
officials from the entire State of California; also Federal officials
present including members of the Federal Bureau of Investigation. The
session which the City Attorney attended with reference to inter Govern-
ment cooperation proved to be very thought provoking; the chief speaker
of this session was the new Dean of the Bureau of Criminology of the
University of California. There was also a major address by the Attor-
ney General of the United States with reference to the matter in which
he spelled out several instances wherein cooperation between Federal
and local officials had been very beneficial.
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ATTORNEY CURRAN stated with reference to the matter of the proposed Con-
stitutional Amendment by Initiative Petition, the proposal would add to
the Constitution of the State of California a new section. Attorney
Curran read the provisions proposed. Section 14 of the amendment pro-
vides the article shall be known as the Louis Francis Amendment.
OPENING OF BIDS ON CITY OWNED PROPERTY was held at this time. Bid of
J. D. Stark was opened. Mr. Stark was representing First Christian
Church of National City; offering to purchase Parcels A-1100 through.
A-1107 for the sum of $3,000 for each parcel, with 25% to be paid as down
payment and balance secured by trust deeds and notes payable in three
equal annual installments, together with 5% interest with the under-
standing notes may be paid in full at any time without penalty. A check
in the amount of $2,400 was attached to the bid. Moved by Allen, it be
referred to the Real Estate Committee. MAYOR HART stated it is his
understanding the minimum price for which the property will be sold is
the sum of $3,535. for each separate parcel. Motion died for lack of a
second. BID of First Samoan Congregational Church, was opened; offering
the sum of $3,535 for each of the City owned lots, numbered A-1100; 1101;
1102; and 1103; and a check in the amount of 10% of the bid was enclosed.
J. D. STARK, Kealtor, 2708 Highland Avenue, was present, and stated his
client, the First Christian Church wish to raise their bid to the mini-
mum price for all eight of the lots, with the proper percentages; 25%
down and 10% to accompany the bid, and the balance on three equal install-
ments, 5% interest with provision they can be paid at any time without
penalty. REV. RAY KEEBLE, 421 Rachael Avenue, was present and stated he
did not wish to raise the bid on behalf of First Samoan Congregational
Church, but to point out the bid on four of the lots is already $3,535.
and his question is if the bid is raised does it not have to be 5% more
on those four lots. ATTORNEY CURRAN stated it is very clear it does.
We have a bid for the minimum prescribed by the notice of $3,535 for
four lots; A-1100; A-1101; A-1102; and A-1103. At the time the matter
was opened up the gentleman appeared and stated he would raise to the
minimum bid for all eight lots, and it is not possible to accept by a
five percent increase bid as to 1100, 1101, 1102, and 1103; however, as
to the other four lots it is a valid minimum bid, so we now have a valid
bid for our lots from the First Samoan Congregational Church and a valid
bid for the remaining four lots from the First Christian Church. J. D.
STARK stated his client, the First Christian Church will offer the mini-
mum bid on parcels A-1104; A-1105, A-1106; A-1107; and will raise five
percent of the minimum on A-1100; A..1101; A-1102; and A-1103. The
offers are contingent one upon the other. There were no bids from the
floor. ATTORNEY CURRAN stated the five percent requirement applies to
the first raise, there is no such provision with reference to any bids
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313
after the first five percent increase. Moved by Allen, seconded by Reid,
we accept the bid as presented by Mr. Stark under provision of the
announcement in the advertisement, with the increase in bids as pro-
jected by him for his client, First Christian Church, and we authorize
the City Attorney to proceed with the preparation of opening an escrow
for same. Carried, by the following vote to -wit: Ayes: Allen, Reid,
Hart. Nays: None. Absent: Hollingsworth, Councilman Morgan abstained
from voting. Moved by Allen, seconded by Reid, the bid be returned to
Mr. Stark on behalf of his client to change the figures as they should
come before the Attorney in the preparation of the escrow. Carried by
the following vote to -wit: Ayes: Allen, Reid, Hart. Nays: None.
Absent: Hollingsworth. Councilman Morgan abstained from voting.
DOROTHY COVEY, 1911 "8" Avenue, was present and asked if the Council
was going to take action with regard to the report of the City Attorney
on the proposed amendment by Louis Francis. CITY MANAGER BIRD stated
he has a communication which he thought should be presented before the
Council takes any action, it has to do with the Constitutional Amendment
which has been explained by the City Attorney. COMMUNICATION FROM THE
NATIONAL CITY YOUNG DEMOCRATS CLUB EXECUTIVE COUNCIL was read, relative
to the proposed amendment to the California State Constitution, authored
by Assemblyman Louis Francis, entitled "Article XXVIII - Control of Sub-
versive Activities". It is hoped the National City Council will take
action on this proposal only after it has carefully studied and has
balanced the positive and the negative values in this amendment. Moved
by Allen, seconded by Morgan, we do not take any action as a group.
Carried by unanimous vote.
CITY MANAGER BIRD presented two proclamations; one signed by Mayor Dail,
City of San Diego, and one by the Chairman of the County Board of Super-
visors; proclaiming the month of March 21 through April 19 as "American
Heritage Month". Moved by Allen, seconded by Reid, the Mayor of this
City be authorized by the Council to make a proclamation similar to the
ones by the Mayor of the City of San Diego and the Chairman of the Board
of Supervisors. Carried by unanimous vote.
COMMUNICATION FROM HENRY TIKKANEN was read, offering to purchase Lots 3
to 10, inclusive, and Lots 17 to 20, inclusive in Block 38, City Plat.
The communication was referred to the Real Estate Committee by unanimous
vote.
REQUEST OF ROBERT MYERS for refund of $25.00 was read. The work has
been completed, inspected and approved by the Engineering Department.
It was the recommendation of the City Manager the proper officials be
authorized to make the refund. Moved by Morgan, seconded by Reid, the
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314
refund be made. Carried, by the following vote to -wit: Ayes: Allen,
Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth.
COMMUNICATION FROM ELLEN BAEDER, LIBRARIAN, was read, stating the time
limit for her annual vacation for the year 1960-61 will expire an Aug-
ust 31, 1962; however, she finds it necessary to take one week of vaca-
tion from October 8th through October 16th, and requested permission to
so do. The request was granted by unanimous vote.
RESIGNATION OF J. D. STARK as a member of the Traffic Safety Committee
was read. Moved by Morgan, seconded by Reid, the resignation be accepted
with regrets, and a certificate be issued. Carried by unanimous vote.
MINUTES OF MARCH 6TH MEETING OF BOARD OF DIRECTORS OF SOUTH BAY IRRIGA-
TION DISTRICT were presented and ordered filed by unanimous vote.
COMMUNICATION FROM J. B. ASKEW, M.D., Director of Public Health and Air
Pollution Control Officer, was read, relative to industrial operations
which may have an air contaminant emission potential. Normally your
City, presumably the Planning Department, would refer to the Air Pollu-
tion Control Officer for recommendations, applications for special use
permits from such industry which contemplate operations in National City.
Situations may arise where an industry having an air pollution potential
may be required only to obtain a business license to Commence operations,
by virtue of that particular type of industry being permitted in an
existing industrial zone. Subsequently this operation might develop
into a source of excessive air contaminant emission and might also con-
stitute a local nuisance. A recent example is the Super Cast Alloy Co.,
now operating at 1643 Cleveland Avenue, National City. In this case the
potential source of air pollution is the cupola furnace, which is the
same furnace used by the company at their previous location in San Diego.
While located in San Diego excessive air contaminant emissions from the
cupola was the cause of neighborhood complaints. Representatives from
my staff plan to observe the operation at the new location to determine
if emissions are excessive, and if so to recommend they consider emission
controls. A list of types of industries with past experience indicates
may have an air pollution potential is enclosed. CITY MANAGER BIRD
recommended a copy of the letter be directed to the Planning Department
and the Building Department so we may cooperate more fully with the
request of Dr. Askew. Approved by unanimous vote.
MEMORANDUM FROM SUPT. OF PARKS GAUTEREAUX was read, stating attached is
a letter with check in the amount of $25.00 from the Hoofers tNt Goofers
of National City for use in the new El Toyon Community Building. It is
suggested the donation be made available to the Park Department for the
purchase of one indoor plant and container to be placed at the fireplace
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315
in the Main Hall, El Toyon Community Building. CITY MANAGER BIRD
recommended the check be deposited in the Park Fund, and the Park Supt.
be authorized to provide the necessary indoor plant. Approved by
unanimous vote.
REPORT FROM THE REAL ESTATE COMMITTEE was read, stating a general dis-
cussion was held regarding the Hewitt Bros, proposal of exchanging real
property. The Committee recommended we dedicate 30th Street, Coolidge
Avenue, Harding Avenue and issue a revocable permit to extend 30th
Street to Bahia Vista property to the West and South. Legal descrip-
tions as proposed by Map PSPC are to be drawn by the City Engineer
except that 30th Street not show Cul-de-sac as shown on PSPC. COUNCIL-
MAN ALLEN stated he would like to make a change in the recommendation;
that the extension of 30th Street on a revocable permit is at the insis-
tence of the Federal Government to Bahia Vista land. Moved by Allen,
seconded by Reid, the recommendation of the Real Estate Committee, as
amended, be approved. Carried by unanimous vote.
REPORT FROM THE REAL ESTATE COMMITTEE was read, recommending a cor-
rected map not showing the Cul-de-sac on 30th Street be forwarded to
General Services, San Francisco Office. Moved by Allen, seconded by
Reid, the recommendation of the Real Estate Committee be approved.
Carried by unanimous vote.
REPORT FEOM THE REAL ESTATE COMMITTEE was read, recommending the City
Manager and Don Norman work out a contract whereby Mr. Norman will
receive a commission of $4,500 for realty services rendered, payments
to be made as the City Manager recommends, subject to the capabilities
of the budget. Moved by Allen, seconded by Reid, the recommendation of
the Real Estate Committee be approved. Carried, by the following vote
to -wit: Ayes:. Allen, Reid, Hart. Nays: Morgan. Absent: Hollings-
worth. The Real Estate Committee recommended escrow fees be borne by
both parties in usual escrow. Approved by unanimous vote. CITY MANA-
GER BIRD stated he thought this particular situation needs explanation.
The Real Estate Committee has recommended to the Council, a trade of
piece of City property lying West of National Avenue approximately
between what will be the new Coolidge Avenue and Harding Avenue, on
the North side of said proposed 30th Street. The trade is based on
$30,000 an acre as a basis of an acre and a half, or $45,000 which in
turn the City will trade for a completed building, free and clear,.
located at Southeast corner of 21st and Hoover Avenue. We will have to
go into escrow with the property, accepting the free and clear property
and the building which is appraised at $45,000 and we will then have to
submit a contract approved by the City Attorney on the payment of the
commission. COUNCILMAN MORGAN, Chairman of the Real Estate Committee,
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stated he did not ask for a roll call vote at the Committee meeting,
but he voted "no" on the commission, and the report shows the vote as
unanimous. CITY MANAGER BIRD suggested the minutes of the Real Estate
Committee be changed to take care of the request of Councilman Morgan,
with permission of the City Council. Moved by Morgan, seconded by Reid,
the minutes be corrected in regard to the unanimous vote. Carried by
unanimous vote.
MINUTES OF MEETING OF SAN DIEGO BAY COMMITTEE held March 22nd was read.
Chairman McAllister gave a brief report on the meeting held with Sena-
tor Fisher and informed the Committee the City Attorney of Chula Vista
was encouraged to go to Sacramento next Wednesday in regard to the
enabling bill. Mr. Fessman of National City reported the National City
Council is not in favor of any action on legislation to be taken at
this time. They have adopted the policy of "wait and see". The min-
utes were ordered filed by unanimous vote.
COMMUNICATION FROM CHULA VISTA CHAMBER OF COMMERCE was read, relative
to a resolution which they adopted, which urges no action be taken at
Ibis time on the San Diego Port Authority Bill to be introduced by
Senator Fisher, and an extension of time be requested not to exceed
the 1963 legislative session in order the five bay communities involved
may thoroughly study and prepare an acceptable unified governing body
for the development of the San Diego Bay. The Chamber further recom-
mends under the auspices of the office of the Governor of the State of
California a commission be created consisting of one representative of
each of the five communities directly involved in the Bay development;
the representative to be appointed by the individual city councils. It
is further recommended each city council appropriate adequate funds to
be available to this commission for the necessary economic, financial,
and legal surveys. The communication was ordered filed by unanimous
vote.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating they are
attaching revised specifications for Park Foreman for the Council's
approval. The two years of special college or university extension
courses can be taken in the evening at night school or junior college.
It is the feeling of the Commission we cannot lower the standards fur-
ther as a lower position, Groundsman IV, would then have higher quali-
fications. CITY MANAGER BIRD recommended the specifications for Park
Foreman be accepted by the Council. Moved by Allen, seconded by Reid,
the recommendation of the Civil Service Commission in regard to the
specifications for Park Foreman be approved. Carried, by the following
vote to -wit: Ayes: Allen, Reid, Hart. Nays: Morgan. Absent:
Hollingsworth.
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COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating they are
attaching specifications for Park Superintendent for the Council's
approval. The specifications have not been revised as there is already
a clause providing for an in lieu of experience for the required educa-
tion. The specifications and qualifications were read. COUNCILMAN
ALLEN questioned the requirement of "preparing and presenting contract
documents" and asked the City Manager's interpretation. CITY MANAGER
BIRD stated he believed the intent is to prepare documents in the sense
of giving the information necessary to the legal department to so pre-
pare those documents. COUNCIUTAN ALLEN stated if this particular sec-
tion was..a little more clear he would move the recommendation of the
Civil Service Commission be approved in regard to the specifications
for Park Supt. and on the assumption of how Mr. Bird has answered to
the extent of what it would be, that any contract document would have
to be approved by the Attorney, he would move this be accepted. Motion
died for lack of a second. CITY MANAGER BIRD stated he believed the
language of the tasks to be done by the Supt. of Parks can be clarified,
and recommended it be referred to a Committee of Council for the purpose
of clearing up the language, and then the cleared document be referred
back to -the Civil Service Commission for either their adherence to it
or_their rejection of same. Moved by Morgan, seconded by Reid, the
recommendation of the City Manager be approved. Carried by unanimous
vote.- Moved by Reid, seconded by Allen, the Mayor appoint a committee.
Carried by unanimous vote.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating attached
axe specifications for Junior -Engineering Aide and Senior Engineering
Aide which have been'approved by the City Engineer and the Civil Ser-
vice Commission. It is --requested the Council approve same so they may
be added to the position classification plan of the City. CITY MANAGER
BIRD recommended the specifications of Junior Engineering Aide and
Senior Engineering Aide be made a part officially of the classification
plan. Approved by unanimous vote.
CITY MANAGER BIRD stated in 1946 there was a portion of our sewer system
installed, roughly between "D" Avenue and "F" Avenue. The land is now
a Dart of the Sweetwater Union High School District, and is being graded
and under development at the present -time. Grading plans call for fil-
ling of the area -to perhaps ten feet or more above our existing ten
inch sewer line. The situation me found is the concrete pipe which was
installed in 1946 or 1947 has failed; we are going to have to replace
that line, and for easement, perhaps negotiate with the High School Dis-
trict,for a realignment of the ten inch line.-BStimates are approxi-
mately $3,000. City Manager Bird requested permission to proceed with
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318
the replacement of the 1946 line through that particular area, with its
subsequent relocation, if possible, Moved by Allen, seconded by Reid,
the City Manager and City Engineer be allowed to proceed with the relo-
cating the pipe between "D" and "F" Avenues and authorize them to deal
directly with the Sweetwater Union High School District. Carried by
unanimous vote.
REPORT FROM THE PLANNING COMMISSION was read, relative to Lischeid
Annexation. Petition received requesting the annexation was signed by
two-thirds of the property owners representing 83% of the land valua-
tion and 94% of the total area. The Commission recommended the annexa-
tion be approved. Moved by Morgan, seconded by Reid, it be referred
to the City Attorney for further processing. Carried, by the following
vote to -wit: Ayes: Morgan, Reid, Hart. Nays: Allen. Absent:
Hollingsworth.
REPORT FROM THE PLANNING COMMISSION relative to Williams Annexation
was read. The petition received requesting annexation is signed by
60% of the property owners representing 86% of the land valuation and
83% of the total area. The Commission recommended approval of the
annexation. Moved by Morgan, seconded by Reid, it be referred to the
City Attorney for further processing. Carried, by the following vote
to -wit: Ayes: Morgan, Reid, Hart. Nays: Allen. Absent: Hollings-
worth.
Moved by Morgan, seconded by Allen, the meeting be closed. Carried by
unanimous vote. Meeting closed at 3:20 p.m.
f
MAYOR, CITY OF NATIONAL CITY, CALIFORNIA
ATTEST:
CITY CLERK
3/27/62