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HomeMy WebLinkAbout1961 06-27 CC MIN498 National City, California, June 27, 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, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bigger Bird, Curran, Gautereaux, Kerr, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Clark of the First Baptist Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of June 20, 1961, be approved. Carried by unanimous vote. ATTORNEY CURRAN stated he thought it would be appropriate to have his report presented prior to the adoption of resolutions, if the Mayor approved. Mayor Hart granted approval. ATTORNEY CURRAN stated there was referred to him a proposed contract with the San Diego Gas & Electric Company to extend the gas main in order to take care of the new fire station in the tidelands area; the contract, together with the contract for gas service, has been examined; the contract is in conformance with the filed tariff sche— dule of the San Diego Gas & Electric Company and there is no reason why each of these contracts cannot now be approved by resolution of the City Council. Moved by Hollingsworth, seconded by Morgan, the City Attorney prepare a resolution to sign the contract with the San Diego Gas & Electric Company for the gas extension for the new fire station. Carried by unanimous vote. ATTORNEY CURRAN reported the Property Owner's Consent which has been submitted for examination, is a request by the Signal 0il Company for property it owns and propose a to lease to Parker Truck Company, could be placed on the tidelands, and at any time be removed from the tidelands by the Signal 0il Company. Inasmuch as the lease with Parker Truck Company has provided improvements can be erected on the leased property and may be removed, there is no legal objections to the City Attorney to this procedure, and if the Council desires, the preparation of a resolution should be authorized to execute the Property Owner's Consent. Moved by Allen, seconded by Reid, the City Attorney be authorized to prepare a resolution regarding the proposition of the Signal Oil Company. Carried by unanimous vote. ATTORNEY CURRANT reported Fidelity and Casualty Company of New York has issued a Certificate of Insurance showing Rufus F. and Helen F. Hailing have comprehensive liability insurance; Hartford Accident 6/27/61 499 and Indemity Company hat issueda Certificate of Insurance showing National City Rubbish Company has liability insurance in accordance with the requirements of the Company's contract with the City; and recommended both certificates be filed. Ordered filed by unanimous vote. ATTORNEY CURRAN reported he is still engaged in appearing befot'e the Public Utilities Commission in regard to the application of the San Diego Gas & Electric Company for an increase in gas rates. The hear- ing is drawing to a close and will be completed in all probability in the next day or two, after which each of the parties will submit briefs. Tied in with the proceeding now as a result of the reopening of Case No. 6148, which the City Attorney attended several weeks ago, is how nearly two million dollars is to be treated. The two million dollars in question is a reserve which the San Diego Gas & Electric Company built over a four year period, commencing in 1954, by the process of taking accelerated depreciation on their property. The San Diego Gas & Electric Company has a witness who they wanted to testify in the proceedings in Case 6148 a couple of weeks ago, but because of the fact the matter was prolonged on other points, he was not able to testify, and has been continued to Thursday, July 6th. The City Attorney requested permission to attend the proceedings in Case No. 6148 on July 6th, at which time he would be able to cross examine the witness of the San Diego Gas & Electric Company with re- ference to the tax reserve fund. The City Attorneys request was approved by unanimous vote. ATTORNEY CURRAN stated at the last meeting a question arose with reference to the proceedings under the 1911 Improvement Act for the proposed improvement of Prospect Street. It was contended it was possible for the property owners to object to a certain portion only of theproject, and in the event there was a majority protest, against that portion only, that portion would have to be excluded. The applicable rules of law on the problem appear to be, had the objectors at the time the hearing was being conducted, pursuant to the majority protest act, filed their objections in a form which objected only to the two blocks in question, and the protest in such form constituted a majority protest, then it would have been mandatory the City not proceed with the portion which had been protested. There are two distinct hearings in 1911 Act Proceedings; the first hearing has been conducted, the second hearing commenced last Tuesday, and continued to this date for a ruling from the City Attorney as to whether or not a majority protest on the two blocks now would manda- torily prohibit the City Council from proceeding with the entire im- provement. The City Attorney finds, unlike the specific procedure 6/27/61 500 which is set up for the first hearing which is under a different act than the 1911 Improvement Act, under the 1911 Improvement Act hearing which was commenced last week it is not mandatory, and if the Council desires it may proceed with this 1911 Act Improvement, even thougt there is more than a majority protest against a portion only of the improvement. RESOLUTION NO. 7946 was read, approving contract for gas service be- tween City of National City and San Diego Gas & Electric Company. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7947 was read, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE PROPERTY OWNER'S CONSENT." Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7948 was read, awarding the contract for erecting the El Toyon Park Community Building to W. J. Haas Construction Company. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7949 was read, awarding the contract for plant mix to Daley Corporation. Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7950 was read, approving contract for extension of Gas Mains between City of National City and San Diego Gas & Electric Company. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. -_, "AN ORDINANCE OF THE CITY OF NATIONAL CITY PRO- VIDING FOR TEMPORARY INTERIM ZONING OF A PORTION OF THE SW.EETWATER HEIGHTS ANNEXATION," was presented for the second and final reading, and the title was read in full. Upon motion of Allen, seconded by Reid, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1001, "AN ORDINANCE OF THE CITY OF NATIONAL CITY PRO- VIDING FOR TEMPORARY INTERIM ZONING OF A PORTION OF THE SWEETWATER HEIGHTS ANNEXATION." Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. ATTORNEY CURRAN excused. ROBERT HOBBS, 1831 E. llth Street, was present relative to a drain pipe under 18th Street which comes out under the swimming pool. The Police Department are having quite a bit of trouble with children playing in the pipe, and wondered if the ends of the pipe could not 6/27/61 501 be closed off. CITY MANAGER BIRD stated the situation is being taken care of. T. R. MILLER, representative of Aztec Oil Company, was present re- questing permission to put black top between the sidewalk and curb on 16th Street, along National Avenue. MAYOR HART stated the matter will be presented under the City Manager's report. VICE MAYOR HOLLINGSWORTH stated she read an article in Monday's Union regarding the City's trash collection, written by Councilman Allen, and Mrs. Hollingsworth stated she wished to go on record as not agreeing with one thing which was written. There are three methods of which trash collection can be done in cities; the City can pay for it under private contract, or City, like our sister City of San Diego and hide it on the tax bill, and the City of Chula Vista issues a franchise for a few dollars and they do not have any of the billing, collecting or responsibility. 0r you can do as we do, contract the trash and garbage collection but we do the billing, and collecting, but we also get all the complaints, but in that way we do have a control. It was stated in the article the City Manager and others were interested in entering, suppcsedly, into a trash contract for the City; Mrs. Hollingsworth stated she is violently opposed to this, it would require an outlay of $100,000.00 for the equipment. MRS. HOLLINGSWORTH stated we were losing money on the trash contract and took it up with the Finance Committee and thought if we could raise our price from $1.00 to $1.25 perhaps we would at least pay our way on the contract, and Councilman Allen refused to go along. Next year when the contract has expired, she would advo- cate the City go into a five year contract in order to give a person the chance to amortize the expense of equipment. COUNCILMAN ALLEN stated he has always objected to the trash ordinance as it is now, the ordinance definitely states a person cannot remove any of their own trash, yet we allow certain individuals who have big businesses, etc., have a waiver. When the matter was brought up at the Finance Committee to increase the price he said he thought it should be put up to a vote of the people. AMENDMENT TO CIVIL SERVICE ORDINANCE was presented. Moved by Hollings -- worth, seconded by Reid, it be laid over until the next meeting. Carried, by unanimous vote. AMENDMENT TO TRAILER PARK ORDINANCE was presented. VICE MAYOR HOLLINGSWORTH stated there is a paragraph which states: "That two sides of the awning may be closed with drop curtains. Drop curtains shall be made of canvas material." Moved by Hollingsworth, seconded by Morgan, "canvas" be taken out, since it is spelled out in the 6/27/61 502 paragraph above that drop curtains shall be made of approved material. CITY PLANNER STOCKMAN stated Section 3, Sub -Section (7) Paragraph 3 can be deleted entirely because it is incorporated in the paragraph above. In discussing it with the trailer people the awning is the roof which comes out along side the trailer, the area under it would them be considered a drop curtain, and is the reason for the wording in Section 3, Sub -.Section (7) Paragraph 2, which states: "That area under the awning may be closed on only two sides and said side panels shall be constructed of either aluminum, enaueled, metal, laminated plastic, canvas, or other materials approved by the Fire Chief and Chief Building Inspector of the City of National City, and the open side shall face on the trailer park street." It was thinking that wording would be inserted into Section 3, Sub -Section (7) Paragraph 2, and Paragraph 3 be deleted entirely. VICE MAYOR HOLLINGSWORTH, with the approval of Council Morgan, withdrew their motion. Moved by Hollingsworth, seconded by Morgan, the City Attorney be authorized to prepare the ordinance, as amended. Carried by unanimous vote. CITY MANAGER BIRD stated the report of the City Attorney, which he assumed was correct,vas that the hearing on Prospect Street was con- tinued, however the City Clerk, by official records, stated specifi- cally the hearing was not continued. We had a motion at the last meeting the hearing be closed and referred to the City Attorney to continue with the total project of four blocks. The report of the City Attorney was that this was a continued hearing and it was en- tirely up to the City Council to proceed or not proceed with the project of the four blocks in its entirety. Mr. Bird said he thought the matter should be continued until we have the City Attorney pre- sent. Moved by Reid, seconded by Morgan, it be held over until our next meeting. MR. MITCHELL, 2138 E. 18th Street, was present and stated the City has already notified the San Diego Gas & Electric Company to proceed. CITY MANAGER BIRD stated it is general procedure and something which has been set up for a number of years coopera- tively between Utility Companies whereby they are given plans well in advance for the purpose of laying out their work, if the project goes through, so they may move those utilities where necessary, re- place them, or di; whatever they in their planning have set forth in any given year of their operation. It is absolutely necessary the City cooperate with the utilities so we do not have a conflict. Motion carried by unanimous vote, COMMUNICATION FROM ORA HEDGISTH was read, stating her reason for signing the petition to be excluded from the proposed improvement of Prospect was because of the cost. Communication ordered filed by unanimous vote. 6/27/61 7 503 LILLIAN PLETCHER, 1924 Prospect Street, was present, and stated there was no racial prejudice mentioned at all when she and Mrs. Moore circulated a petition requesting the improvement and thought the articles which have been in the paper were completely unnecessary. PAUL W. PETTET, 1825 Prospect Street, was present, and stated the ob- jections to the proposed improvement have nothing to do with racial trouble. MRS. CECIL, 1919 Prospect Street, was present, and stated when Eugenia Clarke called her, she said "our editor feels that property owners on Prospect Street have a point, and they should be heard. The City Council is pretty high handed sometimes and they will sneak through anything they can if they can do it quietly. If you can get public opinion behind you sometimes they will back down." Mrs. Cecil said that is almost word for word what Miss Clarke said to her, and also asked Mrs. Cecil if there was one problem on Pros- pect Street or several, and Mrs. Cecil said several. Mrs. Cecil said Miss Clarke asked her if it was her opinion it was the colored lady. Mayor Hart stated the people should call the editor of the paper if they Lave a grievance with the paper. COMMUNICATION FROM BUILDING CODE BOARD OP APPEALS was read, recom- mending that Upson Primed All Weather panels be approved as a satis- factory exterior wall covering for one story residential buildings provided the installation recommendations of the International Con- ference of Building Officials, the manufacturer, and the National City Building Department be strictly complied with, and additional 2" x 4" horizontal backing be provided at 24" intervals. It is also recommended 1 5/8" x 1/2" continuous batten strips be nailed over all stud supports, and all vertical butt joints be thoroughly and effectively calked with an approved calking compound. Moved by Hollingsworth, seconded by Reid, our Building Code Ordinance be amended to upgrade housing in the City of National City, and speci- fically to protect future home owners in the City; Section 2205 in Exterior wall coverings is the Section to be amended. Carried, by the following vote to -wit: LLyes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. CITY MANAGER BIRD presented a copy of the minutes of Building Code Board of Appeals as of June 23rd, and recommended it be received and placed on file. The minutes were ordered filed by unanimous vote. CITY MANAGER BIRD announced Saturday, July lst, has been designated as "National City Day" at the County Fair, and the Recreation Depart- ment is staging two shows, one at 2:00 p.m. and another at 5:00 p.m. NOTICE OP MECHANIC'S LIED by Nelslo Corporation against the City of National City for some material which was delivered to one of our 6/27/61 504 tenants on the tidelands; and recommended it be referred to the City Attorney. Referral ordered by unanimous vote. COMMUNICATION FROM SAN DIEGO TRANSIT SYSTEM was read, stating they are enclosing application for authority to adjust or increase certain of its fares. CITY MANAGER BIRD recommended the application be referred to the City Attorney. The application was ordered re- ferred to the City Attorney by unanimous vote. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION stated the City of Chula Vista intends to annex territory known as "Hilltop Drive Annexation." CITY MANAGER BIRD recommended the communication be filed. Communication ordered filed by unanimous vote. COMMUNICATION FROM AZTEC OIL COMPANY was read, requesting permission to make improvements to the parkways at the present location of theit station on the Southeast corner of National Avenue and 16th Street. It is proposed to asphalt the dirt areas between the sidewalk and the curb line. Moved by Allen, seconded by Morgan, the request of the Aztec Oil Company be approved. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. CITY MANAGER BIRD stated he has been presented with a resolution, and it is the thinking of a number of our Navy people, retired admirals and their association action should be taken; and are re- questing the City of National City to adopt the resolution.. RESOLUTION NO. 7951 was read, resolving that the San Diego Council of the Navy League of the United States requests that the Navy, in an appropriate marker on North Island, officially designate San Diego as the Birthplace of Naval Aviation. Moved by Hollingsworth, se- conded by Morgan, the Resolution be adopted, Carried, all the Council present voting aye. Moved by Allen, seconded by Reid, a copy of the Resolution be sent to the National City Chamber of Commerce. Carried by unanimous vote. COPY OF COMMUNICATION FROM SHERIDAN HEGLAND, ASSEMBLYMAN, addressed to the Director of the Department of alcoholic Beverage Control, was read, stating all of the Assemblymen from San Diego County opposed the passage of a bill which will result in issuance of additional liquor licenses throughout the State, including San Diego County. Assemblyman Hegland, at the request of Mayor Hart, called the Depart- ment's attention to the situation in National City, and stated the City Council does not have any controls. The City of National City has a population of 32,771 and there are in operation 75 liquor licenses; the ratio is 1 to every 436.9 residents. There is concern many of the additional 25 licenses shortly to be issued by the 6/27/61 505 Department of Alcoholic Beverage Control will wind up in National .City; and requested appropriate action be taken. Moved by Allen, seconded by Reid, the communication be acknowledged and thank Assemblyman Hegland for his efforts. Carried by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present and stated there is to be a hearing at 620 Ash Street, San Diego, 10:00 a.m. on July 6th, relative to the protest he made of the license, if granted, to the Midget Market at 24th and Highland. Mr. Alsdorf said he would like to have some backing. COMMUNICATION FROM IRMA BEAUCHAMP, General Office Clerk, submitting her resignation to become effective as of June 26, 1961, and re- quested her name be placed on the Reserve List of the Civil Service for future employment within the allowed 18 month period, was read. Moved by Morgan, seconded by Reid, the resignation be accepted. Carried by unanimous vote. Moved by Allen, seconded by Hollings- worth, Mrs. Beauchamp be placed on the Reserve List for 18 months. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth,. Morgan, Reid, Hart. Nays: None. RESOLUTION NO. 7952 was read, authorizing the transfer from the HARBOR to the GENERAL FUND the following amounts: Labor, $522.00; Equipment, $67.40; Rental of P.H., $387.00, total $976.40. Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM MARJORIE MOSS was read relative to the antique show and other local events held the past week end. Observance of National Oity's 93rd birthday was very gratifying, and much learned from the experience to benefit future celebrations. VICE MAYOR HOLLINGSWORTH stated she hopes this will be continued every year to celebrate National City's birthday. VICE MAYOR HOLLINGSWORTH stated Mrs. Mordhurst was very badly hurt setting up the show and Friday fell off a ladder. Moved by Hollingsworth, seconded by Allen, the Mayor send Mrs. Mordhurst and her committee a letter of thanks. Carried by unanimous vote. COMMUNICATION FROM ASSEMBLYMAN JAMES R. MILLS was read, relative to SB 1031, and ordered filed by unanimous vote. REPORT FROM THE PLANNING COMMISSION was read, recommending the City Planner classification be changed to Director of Planning for Hazel Irene Stockman; there will be no change in salary with the classi- fication change. CITY PLANNER STOCKMAN stated this was a motion made by the Planning Commission at no request from her. If the Council is in acc rd with this thinking it will necessitate the 6/27/61 506 changing of Ordinance No. 962. Moved by A/len, we do not approve the recommendation of the Planning Commission. CITY PLR STOCKMAN stated all department heads of planning departments throughout the County have the title of Director of Planning or Planning Consultant, she being the only City Planner. Motion died for lack of a second. Moved by Hollingsworth, seconded by Morgan, the recommendation of the Planning Commission be approved. Motion lost, by the following vote to -wit: Ayes: Hollingsworth, Morgan. Nays: Allen, Reid, Hart. Moved by Allen, seconded by Hollingsworth, the recommendation of the Ylanning Commission be referred to the City Manager to report to the Council, what and, if any, ordinances have to be changed in order to change the title. Carried, by the following vote to -wit; Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. REPORT FROM THE PLANNING COMMISSION was read, recommending approval of the Revised Tentative Map of Sweetwater Heights Subdivision, sub- ject to certain requirements set forth in the report. CL{..RENCE MORRIS, subdivider, was present, and stated all the requirements of the Planning Commission will be carried out. Moved by Allen, se- conded by Reid, the Tentive Map of Sweetwater Heights Subdivision be approved. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. REPORT FROM THE PLANNING COMMISSION was read, recommending approval of the Final Map of Sweetwater Heights Subdivision, subject to certain requirements enumerated in the report. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission in regard to the Final Map of Sweetwater Heights Subdivision be approved. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. CITY PLANNER STOCKMAN stated she has a Covenant Running With Land signed by Jesus B. and Mary Sandoval relative to the West side of Orange Avenue North of 18th Street, and recommended it be accepted by the Council and referred to the City attorney for the necessary resolution. Moved by Allen, seconded by Reid, the recommendation of the City Planner be approved. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. Moved by Morgan, seconded by Reid, the meeting be adjourned until 1:15 p.m., July llth. Carried, all the Council present voting aye. The meeting adjourned at 3:20 p.m. MAYOR CLAUDE L. H.'.RT asked permission of each Councilman to reopen the meeting, which was unanimously granted. 6/27/61 507 COUNCIL N PRESZNT: Allen, Hollingsworth, Morgan, Reid, Hart. Councilmen absent: None. CITY MANAGER BIRD reported the question was raised by Albert Boyer, Attorney, and Clarence Morris, Subdivider, regarding the appointment of a City Engineer, and the adoption of a Resolution, in order to proceed with their subdivision. CITY MANAGER BIRD requested authorization to appoint Harold C. as City Engineer, effective July 16, 1961; salary: $1,000.00 month; also, he be appointed Acting Engineer as of this date purpose of signing the subdivision map of Sweetwater Heights division. Moved by Morgan, seconded by Reid, that Hardol C. be appointed City Engineer, effective July 16, per month; and he be appointed Acting Engineer as Carried, per recommendation of the City Manager. vote to -wit: NAYS: None. CITY MANAGER BIRD recommended that the City Clerk be authorized to advertise for bids on the third phase of the drainage program. Moved by Morgan, seconded by Reid, the City Clerk be authorized to advertise for bids on the third phase of the drainage program. Carried, by the following vote to -wit: AYES: Allen, Hollingsworth, Morgan, Reid, Hart. NAYS: None. Moved by Morgan, seconded by Reid, the meeting be adjourned to July 11, 1961, at 1:15 p.m. Carried by unanimous vote. 1961, Foster, per for the Sub - Foster salary $1000.00 ATTEST: 1 G T dt RK of this date, as by the following AYES: Allen, Hollingsworth, Morgan, Reid, Hart. MAYO , CfTY OP NATIONAL" ITY, CALIFORNIA 6/27/61