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HomeMy WebLinkAbout1961 07-25 CC MIN22 National City, California, July 25, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1: O p.m. o'clock. Council members present: Allen, Morgan, Reid, Hart. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Biggs, Bird, Curran, Foster, Gautereaux, Kerr, Osburn, 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 July 18, 1961, be approved. Carried, by unanimous vote. RESOLUTIONT NO. 7962 was read, "RESOLUTION ORDERING TRANSFER OP A PORTION OF SALES TAX TO DRAINAGE FUND." 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. RESOLUTION NO. 7963 was read, "RESOLUTION ORDERING TRANSFER OF A PORTION OF SALES TAX TO SPECIAL STREET FUND." Moved by Morgan, se- conded by Allen, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. ;SOLUTION NO. 7964 was read, "RESOLUTION CLOSING A PORTION OF THE ALLEY SOUTH OF TWENTY-THIRD STREET BETWEEN MoKINLEY AND CLEI LAND AVENUES IN THE CITY OF NATIONAL CITY, CALIFORNIA." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7965 was read, "RESOLUTION APPOINTING SUPLRI TLE7sNT OF PARKS LX-OFFICIO HOUSING DIRECTOR." Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nayss None. Absent: Hollingsworth. RE90 LUTION NO. 7966 was read, approving contract between City and National City Chamber of Commerce. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollings- worth. RESOLUTION NO. 7967 was read, "RESOLUTION FIXING DATE FOR HEARING PROTESTS TO PROPOSED SALE OF REAL PROPERTY." Moved by Allen, se- conded by Morgan, the Resolution be adopted. Carried, by the 7/25/61 23 following vote to -wit: Ayes: Allen, Morgan, Reid, hart. Nays: None. Absent: Hollingsworth. ORDINANCE PO., AN ORDINANCE AMENDING ORDINANCE NO, 962 BY R;-- ZONING CERTAIN ttUAL PROPERTIES IN NATIONAL CITY," was presented for the first reading, and read in full. ORDINANCE NO. "AN ORDINANCE AMENDING NATIONAL CITY SALES TAX ORDINANCE," 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. 1004, "AN ORDINANCE AMENDING NATIONAL CITY SAILS TAX ORDINANCE." Moved by Morgan, 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 State Compensation Insurance Fund has sent official notice there will be a 19% saving on the workmens compensa- tion because of the favorable experience of National City. The notification should be filed with the City Clerk, together with the policy. Approved by unanimous vote. ATTORNEY CURRAN stated the Notice of Mechanic's Lien Right which was filed by Nelslo Corporation has been examined; inasmuch as it is impossible to have a mechanic's lien against public property the document apparently was filed in error by the Corporation, and recom- mended the document be filed and no further action be taken. Ap- proved by unanimous vote. ATTORNEY CURRAN reported he has been furnished by the Metropolitan Water District of Southern California with a copy of the letter which is being sent to the County Auditor of San Diego County, together with the certificates regarding the assessment roll and the levying of the Metropolitan Water District taxes. There will be further com- munications in the next few weeks regarding the matter, so the City Council if it desires, may elect to pay a portion of the Metropolitan Water District tax from the funds which are collected for water se- cured from the Metropolitan Water District during the year. J. W. SUTCLIFFE, 1610 "D" Avenue, was present and stated he has the honor of serving on the Park and Recreation Advisory Board. Mr. Sutcliffe stated he was present as a private citizen in regard to the article which appeared in the newspaper regarding the Advisory Board. Mr. Sutcliffe said the charge of lack of interest and absentism is unfounded. 7/25/61 24 BARI CRAWFORD, of the Crawford Detective Agency, was present regarding a license to operate a new business in National City which would coin- cide with their business, such as an ambulance service; known as Acme Ambulance Service. CITY TREASURER KERR was present and stated she has not had an opportunity to talk to the City Attorney and recommended it be referred to both the City Attorney and herself for a report. Ap- proved by unanimous vote. COUNCILMAN ATJ N stated he attended a meeting of the Civil Defense Organization; represented. Chairman, Mr. David Bird as all ten cities and the County who have joined were Mr. Bird was nominated as the first alternate to the Mitchell of Escondido was the second alternate to Mr. Chairman. All but three cities have sent in the names of their alternates; Councilman Reid a name has been declared. They have not as yet received our letter stating we wish to pay semi- annually, however it was placed on record yesterday at the meeting. COMMUNICATION FROM SENATOR KUCHCL relative to H. R. 1148 and S 581 was read and ordered filed by unanimous vote. CONTINUED HEARING ON PROPOSED LINCOLN AC±±S ANNEXATION was held at this time. CITY CLERK ALSTON stated since the time of the hearing which started July llth she has received several communications in this regard. COMMUNICATION FROM MRS. VITO CURIA was read stating she wished to cancel out her "no" vote for a "yes"; she is now for the annexation. COMMUNICATION FROM VITO CURIA stated he wished to have his "no" cancelled for a "yes" on tion. COMMUNICATION FROM LAUAA W. requesting their names be removed CATION FROM FRANK A. HYNUM stated the petitions signed for the annexa- AND MILLARD B. PHILLIPS was read from the second petition. COI+M NI - he requested his name be removed from the opposition petition. COMMUNICATION FROM LAURLNCG W. AND JEAN LEAVITT requested their names be deleted from the petition against annexation. COMMUNICATION FROM DONNA L. BEATTY was read, requesting her name be removed from the petition she signed which was brought to her home in May by the "Citizens for Annexation." COWIN- ICA.TION i'xOM GEORGE W. and CORALYN A. THOMAS was read asking their names be removed from the opposition list as they would like to be neutral. COMMUNICATION FROM CLARENCE E. DAVEY was read requesting his name be added to the petition in favor of annexation. COMMUNICATION FROM HELL_:N D. ERICKSON was read stating she is in favor of the Lincoln Acres Annexation. REPORT OF CITY PLANNER STOCKMAN stated petitions relative to the Lincoln Acres Annexation to the City of National City have been checked by the City Planner against the records of the County Assessor of ")an Diego County, as follows; Petitions signed by 7/25/61 25 697 people opposing said annexation, of which one is represented by an "xn, and is not individually witnessed, and 32 signatures need to be verified as to legal ownership other than those shown by the records of the County Assessor. Petitions signed by 408 people favoring said annexation, of which 5 need to be verified as to legal ownership other than that shown by the records of the San Diego County Assessor. The total 1Lnd valuation of the entire annexation, as shown on the record of the San Diego County Assessor is S788,240.00. The petitions received opposing the annexation represents $399,930.00, and includes the valua- tion of people who signed petitions favoring and opposing the annexa- tion; also taking into consideration it includes valuation signed upon the original request of the annexation of this property to the City of National City and that it be submitted to a vote of the people within the area as to whether it be annexed. Taking into consideration only the two petitions required by the California State Government Code, a petition requesting annexation and a petition opposing the annexation, the petitions opposing the annexation then would fall below the required 50% of the land valuation to protest out further proceedings, ETHEL JERDO, 2705 Wilma Street, was present and stated she has more petitions to present for the carrying on of the annexation to a vote of the people. ATTORNEY CHARLLS PRONCL, 435 Bank of America Building, San Diego, representing the opponents of the annexation, was present. In deter- mining whether or not there are owners of 50% who signed in opposition, all of those who have filed in protest should be counted and considered. If it is so close the few who could not be identified on the roll as assessed owners, then before it is determined there is not 50%, they request an opportunity to produce evidence those people do own property and come within the statutes. JOS PH COLAIM, JR., 2772 Wilma Street, Lincoln Acres, was present and stated they have over 60% in favor of not annexing to National City right now, but trying to bring this to a vote to give everyone an opportunity to express themselves; and cannot understand why the opposition so opposed to having the people of Lin- coln Acres express their own views. The opposition has presented petitions indicating it is a continuation of the annexation proceedings to national City so the people sign it. Pit. COOK, 2756 Ridgeway Drive, was present and stated he was approached by a lady with a petition ask- ing him if he would care to sign it, and Mr. Cook said he was told it was to bring the matter to vote to see if the people in Lincoln Acres would like to be annexed to National City and told him he did not have to sign it if he did not want to, but it would be advisable if he signed it. Mr. Cook said he signed it and found out he was wrong. JOANNE SH2PARD, 2532 Ridgeway Drive, was present, and stated in her opinion the passing of petitions both for and against has been an indication, 7/25/61 26 or an election of how the property owners feel about the annexation, and if there had been no opposition this would have been worse as this is the only opportunity for persons who own property who live outside the voting precinct to express their own opinion. MR. MoD :ILLS, 4400 Hilltop Drive, was present, and stated about nine months ago he came in for information about getting into National City; they have a piece of vacant land off 24th Street in Lincoln Acres Annex No. 3 and National City has helped him 100%, he got the zoning he wanted and he knows others have a lot to gain if they are annexed to National City, and thought it would be fair if put to the vote of the people. MRS. J;RDO, 2705 Wilma Street, was present and stated on March 18th she received a telephone call from some gentleman who stated he wished to warn her he is opposed to what she is doing and he had U0,000.00 and would spend it all as he was going to defeat this election. MR. COLAINNI stated at the meeting of July llth the City Attorney was to make a report as to the legality of persons signing both the petitions for and against the opposition, and asked for the decision. ATTOPI? Y CURRAY stated there are no eases at the present time which clearly rule on the point. The position of the City Attorney at this time is not because of that reason alone, that is a question of law, not a question of fact; the City Council today has the job of determining a question of facts. The City Council has to determine 'Whether or not there has been a protest made by more than 50% of the owners of the property as defined in the appropriate code sections. There are several elements in the record in the case that indicate there is question so the problem is when it appears to be as close as indicated by the report by the City Planner in which direction should the overbalance lay. One of the principles of law that would apply in the case is as a whole the law would tend to favor an election rather than to have an election made impossible when there is a reasonable question; therefore, it is the City Attorney's opinion in view of the entire records the City Council has today, the City Council could find either way on the question as to whether or not there has been a 50% petition. ATTOR:IBY PROV BNCI stated they wished to get some further facts and asked Mrs. Stockman the valuation of those who signed both petitions. ATTORKY PROVENCL stated they have been given no notice and do not know which signatures are in question and evidently the City Planner does not know the value of those so at this particular time you could not rule on those. There should be no serious question but what a person can sign the opposition petition and the code says if you find people owning 50% in value have signed in opposition that ends it, and the records show they have signed, and you cannot add something else to the 7/25,/61 2? statutes. The code gives 10 additional days if the Council makes a determination the signatures are sufficient in which to get supplemen- tal. COUNCILMAN ALLiJ stated he would like to know how many of the people in opposition Attorney Provence represents. ATTORNEY kROVVNCE stated it was hard to answer, he has talked with two people, Albert Duncan and Joanne Sheppard, and Mr. Duncan stated he represented others. Attorney Provence stated Mr. DeGraff has not talked to him. MAYOR HART stated it seemed to him the fair thing for the people to have a chance to vote. PETER DeGR/FF, 665 Del Mar, Chula Vista, was present and stated he owned two pieces of property in the proposed annexation, so he is one of the persons involved, but he has not made any promises or any assurances he will pay any part of the bill; he does not know how much money there has been spent. Mr. DeGraff stated he has signed a protest petition; also he has not talked to Mr. Provence about the matter. MRS. H. B. FIRI`LRI, 2941 Shelby Dr., was present and stated she had a neighbor who lived across the street and was contacted, as were a great many other people, who were in favor of the annexation and signed the petition to bring it to the vote of the people and was later contacted by the opposition and told they had 85% of the land value, and she told them if they had 85% they did not need her signa- ture. BEN E. BOWMAN, 2445 Van Ness Ave., asked if it is true if the question does not come to the vote of the people it will be another year before it can be brought up again. MAYOR HART stated that was correct. Moved by Allen, seconded by Morgan, the hearing be closed. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. Moved by Allen, seconded by Morgan, the Council at this time, on the figures of the City Planner, declare the opposition has less than 50% and give them the ten days that is allowed by statute and set an election date to put this to a vote. ATTORNEY CURRiN stated he gave his opinion on the basis of the entire record, not simply on the basis of the Planner's report. COUi- CILNAN Ai 1LEN, with the approval of COUNCILMAN MORGAN, stated they would change it to state the entire record as given in the City Attorney's report. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. CITY iLii:ONLR STOCL- AIAi! asked the City Attorney if it is not correct these people do have a right,. within a given time established by the Council, to bring in verification of ownership of the property owners she could not verify. ATTORI Y CURRAN stated there is the ten days in which additional signa- tures can be brought in; and along the line the Planner is suggesting you could use tat as the cut-off date for submission of any evidence the opponents wanted with reference to the proceedings. ATTORP?EY PROVENCE asked how they were going to aibmit evidence to verify the 7/25/61 28 signatures. ATTORNEY CURRAN stated he thought the evidence should be submitted the same as the protests were, to the City Clerk and it then becomes the job of the proper City officials to determine whether or not that satisfies the requirements of the law, together with the report there are additional protests received, or a report there are no additional protests received, would be made to the City Council. It might well be there would be orders made for a further hearing at that time, but with reference to continuing the hearing, Attorney Curran stated he did not think that would be the proper procedure; he thought the hearing was properly closed and that starts the time running so the ten days additional would secure the additional signatures. MAYOR HART declared a recess. The meeting was called to order by Mayor Hart. Council members present: Allen, Morgan, Reid, Hart. Council members absent: Hollingsworth. CITY MANAGER BIRD stated he has a request and a contract document from the Atchison, Topeka and Santa Fe Railway Company in relation to a pipe line or drainage construction at 13th Street and Tidelands Avenue; it has been approved by the City Attorney and recommended he be authorized to prepare the necessary resolution authorizing the Mayor to enter into the agreement with the Santa Fe. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to a resolution authoriz- ing the Mayor to enter into an agreement with the banta Fe Railway be approved. Carried, by the following vote to -wit. Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent Hollingswort CITY MANAGER BIRD stated he has the lease agreement on the equipment we are renting, Identi-Kit which is used in the Police Department; the contract has been reviewed by the City Attorney and recommended the Attorney be authorized to prepare the necessary resolution authorizing the Mayor to sign said agreement. Approved by unanimous vote. CITY MANAGER BIRD stated he has a grant deed from the Pluidgenics Cor- poration for Plaza Blvd. east of Palm Avenue, which was referred to the , ity Attorney and the Attorney found the Corporation's endorsement was missing on the deed; it now has been notarized, and recommended the City Attorney be authorized to prepare the reaDlution for the Mayor to sign the acceptance of the deed. Approved by unanimous vote. CITY NANAGLR BIRD reported he has a grant deed which has been made nec- essary by the #2 phase of drainage. It is an extension of 14th Street East of "R" Avenue; also a construction and slope easement, and recom- mended the City Attorney be authorized to prepare the resolution of acceptance of the easement and the grant deed. kpproved by unanimous vote. 7/25/61 29 COMMUNICATION FROM W. A. SCROGGS was read stating a I-lobile-Homes Sales Company is interested in leasing some property with a frontage on National Avenue. CITY ?TANAGER BIRD recommended the request be referred to the Real Estate Committee. Approved by unanimous vote. CITY MANAGER BIRD recommended the City Attorney be authorized to pre-, pare a resolution naming the City Engineer and granting to the City Engineer, Harold Foster, the authority to sign permits and make appli- cations therefor to the County of San Diego for construction work, sewer extensions, street pavings, etc. which may become necessary as we cross into County areas. Recommendation approved by unanimous vote. APILICATION FOR OFF BALL GENERAL BEVERAGE LICLNSE by Leslie L. Thompson, 110 National Avenue, was presented. RETORT FROM POLICE OHL P C GL:L was read, stating investigation reveals no grounds for protest of the appli- cation. Moved by Reid, the application be filed. Motion died for lack of a second. Moved by Allen, it be referred to the Attorney to protest. Motion died for lack of a second. Moved by Morgan, seconded by Reid, it be laid over until the next meeting. Carried by unanimous vote. NOTICE PROM PUBLIC UTILITIES COMMISSION relative to hearing on applica- tion of the San Diego Transit System for authority to increase rates has been set for August 16, 1961, was read. loved by Allen, seconded by Morgan, the City Attorney be instructed to attend the hearing for National City's interest. Carried by unanimous vote. COtMICATION FROM VICE MAYOR TIELMA N. HOLLINGSWORTH relative to the editorial in the National City Star News of July 2Qth, assailing our City Planner, was read. Mrs. Hollingsworth stated she Lows the City Planner is trying to prepare an ordinance that is fair to all. RESOLUTION NO. 7968 was read, "RESOLUTION AUTHORIZING EXECUTION OF QUIT- CLAD! DDED." Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Bart. Nays: None. Absent; Hollingsworth. AIL -PORT PE.OM GRIEF BUILDING INSPb0TOR BIGGS was read, stating Gov. Brown signed into law AB 787 on July 20th. This legislation has established a new commission known as the State Housing Commission, and will be applicable to all unincorporated areas in California. A special meet- ing of the San Diego area chapter of the I. C. B. 0. has been scheduled for July 26th; the chief inspector of each political jurisdiction within the County will be present to discuss the impact of the bill, if any, upon local building departments. CITY MANAGER BIRD stated we may have to pass an enabling ordinance whereby the City of National City will be required to do these inspections; if we do not do so then the State will step in and do certain particular inspections and charge the City of 7/25/61 30 National City for them, so we will wait until we get the report of the meeting of July 26th. CITY MANAGI.Ii BIRD stated Vice Mayor Hollingsworth requested a report on the advertising contract relative to our trash receptacles on the street: and also on the benches we have at the bus stops. C. S. Johnson has the sidewalk display company and his lease was renewed September 26, 1960, for five years. This lease has a 60 day cancellation notice; the City Council can terminate on five day's notice if Johnson fails or refuses to perform any part of the contract. It does not contain what Vice Mayor Hollingsworth was requesting; namely the control of advertis- ing as to political and religious advertising. We are working with Mr. Johnson to include and limit his contract so it will carry the same wording as the California Bench Company contract. The Council can object to any writing material used on the benches. COMMUNICATION PROM CHAIRMAN, CIVIL SRVICE COMMISSION was read, stating they have reviewed the request of Building Inspector Biggs for the classification of Cecil Bentley be changed from Jr. Clerk to Secretary, with no increase in salary, and find Mrs. Bentley's dr:ties meet the qualifications of Secretary, and therefore recommend her classification be changed to Secretary. Approved by unanimous vote. NOTICE FROM ARMY ENGINEERS relative to application of U. S. Naval Sta- tion for a permit to install one submarine power cable, one submarine telephone cable, and one submarine water line in an Diego Bay, was presented and ordered filed by unanimous vote. COMMUNICATION FROM EL7iR HARWELL, Chairman, Civil Service Commission, was read, submitting job specifications for -the position of Assistant Librarian (Reference). It was the recommendation of the City Manager it be added to the classification of the competitive service. Job specifications for Mechanic and Mechanic's Helper were also presented. Approved by unanimous vote. RESOLUTION NO. 7969 was read, authorizing the transfer of ` 1,135.48 from the Harbor Fund to the General Fund. 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: Hol- lingsworth. CaLUNIC',TION FROM C7,A 1DL G. MARLOUJE was read, requesting a 70 foot wide driveway for off-street parking at 10th and Palm. CITY UTAIGER BIRD stated it was explored by the Manager's Office and Planning Department, and is their recommendation the request be granted. Approved by unani- mous vote. 7/25/61 31 CITY ENGINEER FOSTER reported the Griffith Company is paving Tidelands Avenue and expect it will be completed this week. MAYOR HART recognized Councilman Peter DeGraff of Chula Vista. RESOLUTION NO. 7970 was read, "RSOLUTION AUTHORIZING EXECUTION OP AGB LMENT POR LicnpSB TO US1 SANTA Pn RAILWAY LAND." Loved by Morgan, seconded by. Reid, the Resolution be adopted. Carried, b? the following vote to --wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. Moved by Morgan, seconded by Allen, the meeting be closed. iieeting closed at 4:18 p.m. r' o , CfTY OP NATIOEAL CITY, .LI 'ORi'?IA AT LIT: CITY TOM 7/25/61