HomeMy WebLinkAbout1961 06-20 CC MIN488
National City, California, June 2u, 1961
Regular meeting of the City Council was called to order by Mayor Hart
at 1:30 p.m. o'clock. Council members present: Allen, Morgan, Reid,
Hart. Council members absent: Hollingsworth.
ADMINISTRATIVE OFFICIALS present; Alston, Bird, Gautereaux, Golden,
Kerr, 0sburn, Stockman.
The meeting was opened with pledge of allegiance to the Flag by City
Manager Bird, followed with invocation by Rev. Pittman of the Highland
Avenue Baptist Church.
Roved by Reid, seconded by .11en, the minutes of the regular meeting
of June 13, 1961, be approved. Carried:, all the Council present voting
aye.
RESOLUTION NO. 7934 was read, accepting the bid of TRACTOR SUPPLY COM-
PANY in the amount of $7,935.00 for a tractor. Moved by Allen, seconded
by Morgan, the Resolution be adopted. Carried, by the following vote
to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent:
Hollingsworth.
RESOLUTION NO. 7935 was read, approving the agreement to conduct recrea-
tion centers between the City and Sweetwater Union High School. Moved
by Reid, seconded by Morgan, the Resolution be adopted. Carried, by
the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays:
None. Absent: Hollingsworth.
RESOLUTION FO. 7936 was read, awarding the contract for paving a por-
tion of Tidelands Avenue between 19th Street and Paradise Creek to
Griffith Company. Moved by Morgan, seconded by Allen, the Resolution
be adopted. Carried, by the following vote to -wit: Ayes: Allen,
Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth.
COUNCILW0MAN HOLLII' GSWORTH present.
RESOLUTION NO. 7937 was read, approving the Agreement For Use of Jail
Facilities between City of National City and County of San Diego.
Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried,
all the Council present voting aye.
RESOLUTION N0. 7938 was read, "RESOLUTION G ,.A1 TING ZONE VARIANCE PUR-
8UAFT TO ORDINANCE NO. 962," on property located at the Southeast cor-
ner of Twelfth Street and Harbison Avenue. Moved by Allen, seconded by
Reid, the Resolution be adopted. Carried, all the Council present vot-
ing aye.
Moved by Allen, seconded by Reid, the reading of the first five paragrap'.
of the next two resolutions be waived. Carried, all the Council present
voting aye.
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RESOLUTION NO. 7939 was read, "RESOLUTION GRANTING ZONE VARIANCE PUR-
SUANT TO ORDINANCE NO. 962", on property located at the Southeast cor-
ner of 8th Street and Harbison Avenue. Moved by Allen, seconded by
Reid, the Resolution be adopted. Carried, all the Council present vot-
ing aye.
RESOLUTION NO. 7940 was read, "RESOLUTI0N GRAFTING ZONE VARIANCE PUR-
SUANT TO OHDINANCL NO. 962", on property located at the Northeast cor-
ner of 8th Street and Palm Avenue. Moved by Reid, seconded by Morgan,
the Resolution be adopted. Carried, all the Council present voting aye.
ORDINANCE NO. , an ordinance relative to the adoption of a temporary
interim zoning ordinance pertaining to Sweetwater heights Annexation,
was presented for the first reading, and read in full.
PORT OF CITY ATTORNEY stated the Lester Parker Truck Company has
filed a duplicate original of its comprehensive general automobile lia-
bility policy, pursuant to the requirements of their tidelands lease,
and recommended the policy be filed. Ordered filed by unanimous vote.
EI'ORT OF CITY ATTORNEY stated he received letters dated June 12th any
June 20th protesting the annexation of Lincoln Acres to National City,
and recommended they be delivered to the City Clerk and considered with
the other protests at the time of the hearing on July llth. Referral
ordered by unanimous vote.
REPORT OP CITY ATTORNEY stated James J. Peluso, dba San Diego Fireworks
Display, has submitted certificates of insurance regarding the 4th of
July fireworks display, and recommended they be filed. Ordered filed
by unanimous vote.
Moved by Morgan, seconded by Reid, the Park Department be authorized to
change the Brazilian pepper trees on Beta Street to some type of tree
where the roots will go down so they will not damage the sidewalks and
curbs. VICE MAYOR HOLLINGSWORTH stated she thought the Park Supt.
should hold a hearing and notify the interested people. Councilman
Morgan, with the approval of Councilman Reid, included it in their
motion. Carried, all the Council present voting aye.
ALBERT BOY.R, Attorney, representing Clarence E. Morris, was present,
and requested the ordinance which had the first reading today be adopted
at the first reading as an emergency ordinance. DEPUTY CITY ATTORNEY
GOLDEN stated this was discussed with Attorney Curran and he advised
Attorney Golden there was a doubt in his mind it could be passed, and
requested it not be adopted at this meeting.
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490
BILLS AUDITED BY THE FINANCE COMMITTEE
General Fund
Traffic Safety Fund
Park Fund
Retirement Fund
Harbor Fund
Trust & Agency Fund
Special Street Fund
Park Construction Fund
Payroll Fund
TOTAL
presented:
$ 21,529.14
548,65
969.35
4,896.02
10,523.28
18,405.06
9,310,88
306.66
50057,90
0117,046,94
Moved by Morgan, seconded by Reid, the bills be approved for payment,
and warrants ordered drawn for same. Carried, by the following vote
to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None.
RESOLUTION NO. 7941 was read, authorizing the following expenditures
from the Capital Outlay Fund: ROBERT A. BRADT, Architect, $1,851.00,
preliminary cost estimate for additions and alterations to existing
Community Bldg; L. B. BUT'TNRFIELD, INC., $1,668.56, payment on "D"
Avenue Sewer Extension and Sewage Pumping Station. Moved by Allen,
seconded by Reid, the Resolution be adopted. Carried, all the Council
present voting aye.
CITY CLERK ALSTON reported the following bids were opened on June 19th
for plant mix: DALY CORP., $5,96 per ton; R. E. HAZARD CONTRACTING
COMPANY, $6,28 per ton; GRIFFITH COMPANY, $6.13 per ton.
CITY CLERK ALSTON reported the following bids were opened on June 19th
for El Toyon Park Community Building: DOUGHTY CONSTRUCTION COMPANY,
$67,985,00, add $290.00 for ceramic tile; MABIE & MINTZ GENERAL BUILDING
CONSTRUCTION, 467,658,00, add $782.00 for ceramic tile; W. J. HAAS CON-
STRUCTION COMPANY, $60,857.00, add $882.00 for ceramic tile; JOSEPH M.
HADDAD, 464,485.00, add $1,480.00 for ceramic tile; SELPH0S BUILDING
CONSTRUCTION 00., $67,950.00, add $645.00 for ceramic tile. Moved by
Alien, seconded by Reid, ceramic tile be used in the building, CITY
MANAGER BIRD stated in his report he has recommended the low bid of
W. J. Haas for a total of $61,739.00 be accepted, which includes the
ceramic tile, and the City Attorney be authorized to prepare the reso-
lution of award of the contract. COUNCILMAN ALLEN, with the approval
of COUNCILMAN REID, withdrew their motion. Moved by Alien, seconded
by Reid, the r commendation of the City Manager in regard'to the con-
struction of the Community Bldg. in El Toyon Park be approved, and the
Attorney be instructed to prepare the necessary resolution. Carried,
by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays:
Hollingsworth.
HEARING ON RESOLUTION OF INTENTION NO. 7928 FOR IMPROVEMENT OF PROSPECT
STREET BETiILEN 18th and 22nd STREETS, was held at this time. CONMUNI-
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491
CATION PROM GORDON J. MITCHELL, 2138 E. 18th Street, was read, objecting
to the proposed improvement. PETITION OP PROTEST from 14 property owner:
on Prospect Street between 18th Street and 20th Street, was read,
requesting these two blocks be excluded from the original proposed
improvement project. GORDON J.MITCBELL, 2138 E. 18th Street, was pres-
ent, and stated he thought the project should be abandoned. MRS. ROB;aT
RICHARDS, 1411 E. 16th Street, was present, and stated they would be
happy to have sidewalks and curbs installed on their street. PAUL W.
k TTET, 1825 Prospect Street, was present and protested. ALMA MOORE,
1929 Prospect Street, was present, and requested approval of the pro-
ject. MRS. CECIL, 1919 Prospect wtreet, was present and protested.
MAYOR HART asked if Mr. Newberry of the Engineering Department could
furnish the percentage of proerty owners protesting. Moved by Hollings-
worth, seconded by Reid, the hearing be continued until later in the
meeting for an Engineer's report. Carried, all the Council present
voting aye.
BEARING ON SW ;ET`,iATER AiNEXATION NO. 3 was held at this time. CITY
CLERK ALSTON stated she received no written protests; and no one was
present in regard to same. Moved by Allen, seconded by Reid, the hear-
ing be closed on Sweetwater Annexation No. 3 and referred to the Attor-
ney for proceedings on the annexation. Carried, by unanimous vote.
ELSIGNATION OF BONNIE B. b'ERiOTT, Library Clerk, effective July 1, 1961,
was read. COMMTJ1ICATION FROM CLIFFORD E. GODDARD, was read, requesting
his resignation as a member of the Civil Service Commission be accepted,
effective immediately. RESIGNATION OF JAMES STOLEBARGER, Mechanic
Helper, was read. MEMORANDUM FROM SUPT. PARKS & RECREATION GAUTLREAUX
was read, stating Mr. Stolebarger's accrued vacation due will terminate
as of June 27, 1961, this being the final date of employment with the
City. CITY nA AGER BIRD recommended the three resignations be accepted,
and in the case of the Civil Service Conmis esioner a certificate be pre-
pared and forwarded to him; and the Manager be authorized to issue to
Mr. Stolebarger a six year certificate; and a letter of commendation
be sent to the Library Clerk. Moved by 1iorran, seconded by Hollings-
worth, we accept all three resignations, as stated by the City Manager.
Carried, by the following vote to -wit: Ayers: Hollingsworth, Morgan,
Reid, Hart. Nays: Alien.
SPORT FROM CITY E,iGINEER ROBERTS was read, regarding the paving por-
tions of Plaza Boulevard between "M" Avenue and "Q" Avenue, and recom-
mended the work be accepted and a Notice of Completion be filed. CITY
MANAGER BIRD recommended the report be accepted and the City Attorney
authorized to prepare the necessary resolutii.on of aecOptance,which was
authorized by unanimous vote.
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492
REPORT FROI( CITY ENGINEER ROBERTS was read, recommending "D" Avenue
Sewer Extension and Sewage rumpting Station be accepted, and a Notice
of Completion ordered filed. CITY MANAGER BIRD recommended the report
be accepted and the City Attorney be authorized to prepare the neces-
sary resolution of acceptance. Authorized by unanimous vote.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating they have
completed their revision of Ordinance 712 and its amendments, and are
submitting copies for the Council's perusal, and recommend adoption of
the revised ordinance. It was moved and carried by unanimous vote, the
ordinance be held over one week for study.
COMMUNICATION PROM CIVIL SERVICE COMMISSION was read, recommending
Henry Davis, who resigned as a Maintenance Man, effective April 17, 1961,
be placed on the Reserve List for the position. Moved by Allen, sec-
onded by Morgan, the recommendation of the Civil Service Commission be
approved in regard to placing Mr. Davis on the Reserve List. Carried,
by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays:
Hollingsworth.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read regarding the
request of Eugene Cotteen, Jr. Engineering Draftsman, for permission to
use part of his vacation for schooling. The Commission has approved
the request and recommend the Council's approval. CITY MANAGER BIRD
recommended the request of Mr. Cotteen be granted. Moved and carried
by unanimous vote.
CITY MANAGER BIRD reported with reference to the separation of the Park
and Recreation Department. COMMUNICATION FROM CIVIL SERVICE COIw,MISSI0I
addressed to CITY MANAGER BIRD, was read, stating it is the opinion of
the Civil Service Commission the City Council and the City Manager have
the authority under Ordinance 885 and Ordinance 712 to carry out your
proposal as defined in your letter of June 8. CITY MANAGER BIRD stated
he would like to recommend for consideration of the City Council to
consummate the separation as ordered by the Council, the City Attorney
be authorized to amend Ordinance 940 and Ordinance 712, and to rescind
those specific resolutions, so we can legally separate the two depart-
ments. Moved by Allen, seconded by Reid, the recommendation of the
City Manager in regard to referring to, and authorizing the City Attor-
ney to make the necessary changes in ordinances, and the rescinding of
resolutions, in order to separate the Nark and Recreation Department,
be approved. Carried, by the following vote to -wit: Ayes; Allen,
Hollingsworth, Morgan, Reid, Hart. Nays: None.
REWEST FOR REFUND of a 4.25.00 cash bond by Charles M. Davis, was pre-
sented, CITY MANAGER BIRD recommended the proper officials be authorized
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493
to refund to Charles M. Davis the U25.00 from the bpeciai Trust &
Agency Fund. Moved by Morgan, seconded by Hollingsworth, the $25.00
be refunded to Nr. Davis. Carried, by the following vote to -wit: Ayesn
Alien, Hollingsworth, Morgan, Reid, Hart. Nays: None.
COMMUNICATION FROM NATIONAL CITY FIREMAN'S RELIEF ASSOCIATION was read,
stating the members of the Fire Department request consideration of the
establishment and adoption of a pay scale, for the coming fiscal year,
in keeping with the pay scale established for the Fire Departments in
the cities of El Cajon, La Mesa, and City of San Diego. CITY MANAGER
BIRD recommended it be referred to the Budget Committee. Carried, by
unanimous vote.
CITY MANAGER BIRD stated on March 14, 1961, we received a communication
and request from the Security Title Company for the extinguishment of
an easement granted the City of National City by I•acco Corp. and
referred to the City Manager and City Engineer for a report. CITY
MANAG:R BIRD recommended the proper document be prepared by the City
Attorney's office for the purpose of relinquishing the easement. Car-
ried, by unanimous vote.
RESOLUTION N0. 7942 was read, authorizing the transfer from HARBOR FUND
to GENERAL FUND the following amounts: Labor, $1,394.88; Equipment,
$702.36; total $2,097.24. Moved by Hollingsworth, seconded by Allen,
the Resolution be adopted. Carried, all the Council present voting aye.
RESOLUTION NO. 7943 was read, authorizing the transfer of $39,000.00
from the SPECIAL STATE GAS TAX IMPROVEMENT FUND to the TRAFFIC SAFETY
FUND -STREET. Moved by Hollingsworth, seconded by Allen, the Resolution
be adopted. Ga cried, all the Council present voting aye.
DONALD VENTERRY of the Engineering Department stated the percentage rep-
resented by the signers of the petition in protest of the 1911 Improve-
ment on Prospect Street against the frontage of the entire project of
four blocks is 35.7%; the percentage of the two blocks, 18th Street to
20th Street, is 71.67%. Moved by Hollingsworth, seconded by Morgan,
the hearing be closed, and referred to the Attorney to continue with the
total project of four blocks. Carried, by the following vote to -wit:
Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. MR.
'ETTET, 1825 Prospect Street, was present and asked if the 70 percent
of the two blocks was going to be ignored. The Deering Code stated any
part can withdraw if the majority of the property owners so desire, and
asked the Attorney if that was correct. DEPUTY CITY ATTORNEY GOLDEN
stated he would have to check it. MR. MITCHELL, 2130 E. 18th Street,
and MRS. CECIL, 1919 Prospect Street, were present, and stated the
Council knows the majority of the property owners in the two blocks do
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494
not want the improvement, and did not see how the Council could ignore
that much of a percentage opposing it.
REPORT OF CITY TREASURER for period ending May 31, 1961, was presented
and ordered filed by unanimous vote.
QONii•iUNICATION FROM T. M. HEGGLAND, Coordinator of Civil Defense and
Disaster, was read relative to the designated representatives and alter-
nates on the San Diego County Civil Defense and Disaster Council, CITY
MANAGER BIRD stated Cecil F. Allen is named as the member but does not
name Luther Reid as alternate, and each city is to designate an alter-
nate. VICE MAYOR HOLLINGSWORTH stated Mr. Reid was designated an alter-
nate some months back, so it is an oversight. Moved by Hollingsworth,
seconded by Morgan, the City Manager be authorized to correct this with
Vir. Heggland. Carried by unanimous vote.
COMMUNICATION FROM T. M. HEGGLAND, Coordinator of Civil Defense and
Disaster, was presented, requesting each city participating in the
Unified San Diego County Civil Defense and Disaster Organization to
review their present ordinances dealing with Civil Defense. The pur-
pose of this review would be to aecomplisa any revisions which might
be indicated in order to avoid any inconsistencies that may exist with
the terms and agreement dealing with the unified organization; and
enclosed the minutes of the first meeting. CITY MANAGER BIRD recom-
mended the minutes be placed on file, and the Ordinances of the City
of National City be checked against the Ordinance of the County Civil
Defense Unified Organization. Carried by unanimous vote.
COMMUNICATION FROM DAVID W. BIRD, Chairman, Civil Defense and Disaster
Council, relative to reimbursement program - Unified Civil Defense, was
read. It has been suggested payment be made in a lump sum shortly after
July 1, and if not possible, be paid in two payments. CITY MANAGER
BIRD recommended we notify the County of San Diego, the Chairman of
the Board of Supervisors, we prefer the second suggestion, of two pay-
ments. Carried by unanimous vote. C0U1?CI mAN MORGAN asked the City
Manager if the cost is the same as we recommended at the beginning.
CITY MANAGER BIRD stated it is not, it is a little higher, and would
read a communication which is apropos to the question, but thought
Councilman Allen, our delegate, could answer the question. COUNCILMA:u
ALIEN stated due to the fact the original cost was set up for eleven
cities and only ten cities joined, the remainder of the cost was pro-
rated among the other cities per population capita; it will cost us
$209.00 a year more.
COMMUNICATION FROM SLiiATOR FISHER regarding SB 1031, and stated this
measure was given the approval of the Senate on May 26th, was read and
ordered filed.
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495
CITY CLERK ALSTON presented the Affidavit of Publication of Ordinance
No. 1000 pertaining to "Aardema Annexation", and it was ordered filed
by unanimous vote.
DONALD NEWBERRY, Associate Civil Engineer, reported the Tidelands Avenue
job has been awarded and the contract will be returned to their office
tomorrow.
REPORT FROM THE PLANNING COMMISSION was read, relative to the proposed
amendment to the Trailer Ordinance, which pertains to the erection and
construction of cabanas and awnings. The Commission recommended adop-
tion of the amendment attached to the report. MR. TORBETT, Sweetwater
Road, owner of a trailer park, was present and stated there were some
representatives of trailer parks who would have information to answer
any questions for the Council. CITY PLANNER STOCKMAN requested permis-
sion to get the representatives.
CITY MANAGER BIRD recommended the City Attorney be authorized to pre-
pare the resolution of award of contract to Daley Corp. on the low bid
of 46.96 per ton for the road material needed during the next fiscal
period. Carried by unanimous vote.
JAKE TONREY, Publisher of the Trailer Times Newspaper, was present, and
stated the proposed amendment to the Trailer Ordinance is satisfactory
to their groups; however, they would like to make one minor change.
MR. TONRLY stated on Page 2 of the Ordinance, Section 3, sub -paragraph
(7) refers to drop curtains, and states: "That two sides of the awning
may be closed with drop curtains. Drop curtains shall be made of can-
vas material." Mr. Tonrey said they feel this is quite restrictive,
and the wording they would like to have inserted in sub -paragraph (7)
where it states: "That area under the awning may be closed on only two
sides," they would like to insert the words '!side panels shall be con-
structed of either aluminum, enameled metal, laminated plastic, canvas
or wood." Otherwise we have no suggestions on the Ordinance. MR.
TONRLff stated they appreciated the consideration end cooperation
received by National City. Moved by Alien, seconded by Reid, we go
along with the recommendation of the gentleman from the Trailer Times.
Carried by unanimous vote. Moved by Allen, seconded by Reid, the Ordi-
nance, as corrected, on the recommendation of Mr. :Tonrey, be referred
to the City Attorney to prepare an amendment to Ordinance No. 893.
VICE MAYOR HOLLINGSWORTH stated she thought it should be laid over one
week to give every Council member a chance to read the Ordinance. COUN-
OILMAN ALLEN, with the approval of Councilmen Reid=, withdrew the motion.
Moved by Morgan, seconded by Reid, this be laid over for one week.
Carried, by unanimous vote.
L. M. PEPPER, lessee of a portion of the Tidelands,, was present, and
stated in regard to the permit from the Corps of Ar:'my Engineers, he
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496
talked with their office, and they have received no objections to the
permit for the pier, but have not heard anything from the City of
National City and they would like some sort of communication from the
City, approving or disapproving the pier. The communication must be
received before 1100 a.m. tomorrow. Noved by Morgan, seconded by
Allen, the City Manager and City Clerk send a wire to the Army Engi-
neers stating we do approve the pier, and state the reasons we approve
it. Carried by unanimous vote.
CITY 2IIAfNER STOCKMAN stated she received a communication from the
Chula Vista City School District requesting they be sent copies of all
resolutions giving .notice of proposed annexations which, in part or in
whole, are included in their district. CITY rLANI`TER STOCKMAN stated
that would be any future annexations which would be considered in the
Sweetwater Valley lying Southerly of Sweetwater Road, and would include
a portion of Sweetwater Heights Annexation. It was recommended the
communication be placed on file with the City Clerk. Carried by
unanimous vote.
JOSLrH COLAI ThI, JR., Chairman of the Lincoln Acres Civic Club, was
present, objecting to the type of material being used in the construc-
tion of homes in villiams Manor.
L. J. CHRISTMAN, 440 E. 2nd Street, was present, regarding the homes
in Williams Manor, and stated he thought we owed it to the people who
buy these places to give them a certain amount of protection. Mr.
Christman stated he understands the City cannot make a law that is less
restrictive than the State Building Code, but are permitted to make
that law more restrictive; however, there would not be time to stop
this project, but others could be stopped if the law were changed.
COUNCILMAN ALLEN stated ]a st Friday 16 National City men who are recent
members of the i olive Reserve were graduated from the El Cajon Police
School and are now augmenting the department with volunteer services.
RESOLUTION No. 7944 was read, accepting the work done by Sim J. Harris
Company for paving of portions of Plaza Boulevard between "M" Avenue
and "Q" Avenue, and authorizes the filing of a Notice of Completion.
Moved by horgan, seconded by Reid, the Resolution be adopted. Carried,
all the Council present voting aye.
RESOLUTION NO. 7945 was read, accepting the work done by L. B. Butter-
field, Inc. for construction of "B" Avenue Sewer -Extension and Sewage
Pumping Station, and authorizes the filing of a Notice of Completion.
Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried,
all the Council present voting aye.
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497
Moved by Reid, seconded by Morgan, the meeting be closed. Meeting
closed at 3:30 p.m.
ATTEo T :
CITY CLERK
C rJ 44.� �44-1L/$
''1AYOA, CITY OF NATIONAL CITY, CALIFORNI.-
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