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HomeMy WebLinkAbout1961 09-05 CC MIN69 National City, California, September 5, 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. AD IVISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Gautereaux, 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. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of August 22, 1961, be approved. Carried by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Harbor Fund Trust & Agency Fund Drainage Fund Park Construction Fund Payroll Fund $ 54,770.36 2,690.83 403.75 79,908.26 756.10 2,491.00 11,808.49 110.310.96 TOTAL . $263,139,75 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, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. VICE MAYOR HOLLINGSWRTH present. REPORT FROM SUET. OF PARKS & FORLSTRY GAUTLRI UK was read, relative to the possibility of locating a historical transportation museum within the area of property owned by the City, lying north of 30th Street, and requested he be given more time in which to give the matter further study and consideration before making a final report. The request was approved by unanimous vote. ATTORVEY CURRAN stated in regard to the negotiations between the City of San Diego and the City of National City for participation in the Metropolitan Sewer Project, on May 9th of this year the City Attorney reported he had received a communication from the then Assistant City Attorney of San Diego, stating he would be gone on vacation for the balance of the month of May and nothing further would be done with reference to negotiations until he returned in June. Since that time the difficulties which the City of San Diego has encountered with ref- erence to the Metropolitan Sewer Projeot are a matter of public knowl- edge. Among other things they include the death of the City Attorney, 9/5/61 70 Jean F. DuPaul; the receipt of bids which exoeeded the City of San Diego's estimate by several million dollars, the necessity of drasti- cally reducing the capacity of the proposed facility and re -designing major portions of the sewer works. Under these circumstances the City Attorney of National City did not want to embarrass the former Assis- tant City Attorney, who is now the City Attorney of San Diego, regard- ing the failure to communicate further in the matter. Last week, dur- ing which time the City Attorney took advantage of the fact there would be no meeting and took a few days out of the office, the Deputy City Attorney of National City received a telephone call from the press, indicating there would be something on the agenda of the City of San Diego Council this week regarding further negotiations. When anything officially is received from the City of San Diego regarding the matter the City Attorney will report further. ATTORNEY CURRAN stated with reference to the status of the proposed Ramm's Annexation to the City of National City; the City Council, on June 6, 1961, received a communication from the City of San Diego which stated the City of San Diego was willing to proceed to give its consent to the deannexation of the area from the City of San Diego provided they had a letter of assurance from National City regarding certain sewer and water matters. The City Manager at that time recommended he be authorized to answer the communication to the effect the arrangement was satisfactory to the City of National City; and the recommendation was approved. To date there has been no further communication, to the knowledge of the City Attorney, regarding the matter, from the City of San Diego. ATTORNEY CURRAN reported in regard to Superior Court action entitled "Beatty vs National City", which is the mandamus action brought to determine the validity of the proceedings to annex to National City the area known as Lincoln Acres. The matter has now been set for hearing on September 8th, at which time the entire record of the proceedings which were had before the City Council in the matter will be subject to Court review. ATTORNEY CURRAN stated with reference to the decision and order of the Public Utilities Commission in regard to the application of the San Diego Gas & Electric Company for an increase in its gas rates; the order does grant a very substantial increase in the gas rates; however, there are certain highly technical features which have been resolved favor- ably to the position which was ta.ken by the Cities of San Diego County in the matter, which involves the treatment of taxes, and as to what facilities and what items are to "be considered as a part of the rate 9/5/61 71 base and as to the rate of return allowed to the San Diego Gas & Bleo- trio Company in its gas department. In 1958 the Public Utilities Com- mission allowed the company to charge rates which were estimated to bring a rate of return of 6.5 percent to the company in the gas depart- ment. The opinion and order of the Public Utilities Commission reduces the authorized rate of return to 6.3 percent. ATTORNyY CURRAN reported regarding the requirements of the law relative to the Housing Code. Attorney Curran stated he thought it should be olearly understood by the City Council it is not mandatory as a matter of law the City of National City adopt any Housing Code. This is because the Legislature of the State of California at its recently con- cluded session adopted a Housing Code which applies everywhere in the State, be it in the confines of a city or in unincorporated territory. The question which any city and any county has to determine is whether or not, as a matter of policy, it desires to take certain steps to enter into the administration and enforcement of the act through its own officials, or whether it wants to be governed by the law which has been established by the Legislature. It is a question of policy which is going to take some time for the Council to think over because of the fact certain information should be compiled as to the cost which is involved in the event the City takes certain action to enter into the picture in contrast to the amount of fees that might reasonably be anti- cipated could be requested for performing the service. In any event such an ordinance would not become effective until 30 days after adop- tion; it seems clear the City Council could not act so any action on its part would become effective prior to the effective date of the law adopted by the Legislature which does make the Housing Code a part of our State law. It is something the Council should further consider; the City Attorney has discussed certain features with the Building Inspector since the meeting which was held in Los Angeles with the State officials in the matter. It is something which will require further consideration by the Building Inspector, the City Manager and the City Attorney. ATTORNEY CURRAN stated with reference to the desire of the City Council to make it possible for the operation of the automatic device bowling games which are now being operated, to continue to operate in business but on the payment of a different license fee than is now provided for a regulation type bowling alley. The City .Attorney feels this can be accomplished and it is a matter if the City Council, either at this time, or later, wishes to authorize the preparation of an ordinance to accomplish the purpose, it should specify the fee which would be requires in order to operate such a bowling game. At this time it might be 9/5/61 72 appropriate for the Council to either consider the problem or place it on the agenda for some future date. Approved by unanimous vote to be placed on the agenda within the next two weeks. ATTORNEY CURRAN stated The Home Indemnity Company has issued a Continu- ation Certificate that Bond No. N 25 67 80 in the amount of p2,500.00 on behalf of Fischer Auction Company has been extended until August 31, 1962, and recommended it be filed. Ordered filed by unanimous vote. ATTORNEY CURRAN reported F. San Martin & San has filed a Notice of Insur- ance Binder which has been followed through with a Certificate of Insur- ance, showing P. San Partin & Son carry public liability and property damage insurance as required by the contract which the firm has with the City, and recommended the Binder and Certificate be filed as one docu- ment. Approved by unanimous vote. COMMUNICATION FROM DIVISION OF HIGHWAYS was read, enclosing three copies of the proposed freeway agreement with the City of National City, cover- ing the proposed construction to full freeway standards on their Road XI-SD-2-NatC, between the south city limits of National City and the north oity limits of National City, for City Council approval. CITY MANAGER BIRD stated there are three copies of the agreement which does away with the agreement in toto for which the City has already signed, which is known as the cross-town freeway. We thought it advisable to request the Division of Highways to consider a 4-lane off onto 24th Street west of Coolidge Avenue. At a meeting with. Mx. Dekema and his assistant, Mr. Settle, in the City Manager's office, the City Manager tentatively pledge the City would pick up one half of the cost, and tentatively requested, and received approval from the State, one-half of the cost would be borne out of a new contract with the State of our proportionate gas tax funds, thereby not costing the City a penny. The agreement has to do with the interchange, it does not Change any other part of the freeway. CITY MANAGER BIRD recommended the original copy of the freeway agreement be referred to the City Attorney, the other two copies remain here and be discussed at a future date with the Coun- cil. Approved by unanimous vote. HEARING ON 1911 IMPROVEMENT ACT ON PROSPECT STREET BETWEEN 18TH STREET AND 24TH STREET was held at this time. CITY CLERK ALSTON reported she received no written protests. MRS. awn, 1919 Prospect Street, was present and questioned what was proposed to be done. CITY ENGINEER FOSTER explained the change of grade as proposed. Moved by Allen, sec- onded by Horgan, the hearing be closed and referred to the City Attorney for the procedure necessary to proceed with the work. Approved by unanimous vote. 9/5/61 73 Moved by Morgan, seconded by Allen, we have a five minute recess. Car- ried by unanimous vote. The meeting was called to order by Mayor Hart. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. CITY MANAGER BIRD stated there was a communication on August 15th rela- tive to an allegation there was a business being oonducted at 2024 E. 20th Street; to -wit: a photography business, on a commercial basis. It was referred to the Planning Department, Building Department, and License Department, for report. COMMUNICATION FROM PAUL J. COHEN, 2024 E. 20th Street, was read, stating he does not have a commercial photo- graphy business or any other business; it is his hobby, which be has had for many years and shared with friends. CITY MANAGER BIRD stated he had a oopy of the report of the inspections made by the various departments, and all state emphatically there is no business being con- ducted at the above mentioned location. It was the recommendation of the City Manager the letter of complaint be answered, with copies of the documents and reports sent to him. Approved by unanimous vote. CITY MANAGER BIRD stated with reference to the proposed Rammis Subdivi- sion mentioned in the City Attorneys report, he is at logs to know what action is necessary now. ATTORNEY CUR1AN stated it is very certain there is no further action on the part of anybody in National City, City Manager or anybody else, required; it is simply the City of San Diego has not acted and unless they do act there is nothing that National City can do. CITY MANAGER BIRD asked Mr. McClure, Engineer of the Cali- fornia Water & Telephone Company, if they have heard anything further in regard to the matter. PHIL McCLUEE, 3333 E. 8th Street, was present and stated he has made a number of inquiries and they have worked out the details of switching over from the San Diego water system to their own, but as far as the actual proceedings are concerned, he has been unable to find out anything. Moved by Allen, seconded by Morgan, the City Manager be authorized to follow up on this particular situation, whether it be by letter or phone. Approved by unanimous vote. MINUTES OF THE BOARD OF DIRECTORS OF THE SOUTH BAY IRRIGATION DISTRICT of their meeting August 1, 1961, were presented and ordered filed by unanimous vote. COMMUNICATION FROM GALAL KERNAHAN, Coordinator, Region VI, California Disaster Office, was read, urging every San Diego County special dis- trict official to attend a meeting at San Diego State College, Septem- ber 8, 1961, at 7:30 p.m. Governor Brown will make an address on the role of "Special Districts in Emergencies." 9/5/61 74 COMMUNICATION FROM T. M. HEGGLAND, in and for D. W. BIRD, Chairman of the Board of Supervisors, was read, stating a Disaster Council meeting is scheduled for 2:00 p.m., Wednesday, September 6th in the Board of Supervisors' Chambers. CITY MANAGER BIRD recommended the document be referred to our representatives, Councilmen Allen and Reid. CITY MANAGER BIRD requested the City Clerk be authorized to send a let- ter of sympathy on behalf of the City Council to Mrs. Wayne Burgess, whose husband was in the employ of the City of National City since 1954. Approved by unanimous vote. COMMUNICATION FROM MACCO CORPORATION, addressed to City Engineer Foster., was read, stating they are enclosing a copy of his letter of August 16th acknowledging and authorizing the transfer of the balance of the inspec- tion fund remaining on National Award Homes Unit No. 1 to apply towards the deficit now existing in the City's records for National Award Homes Unit No. 2. They have requested their surety to provide the bond in the amount of 01,200.00 and will be forwarded to the City within the next few days. CITY MANAGER BIRD stated the bond has been received, and recommended the action of transfer be authorized from National Award Homes Unit No. 1 to National Award Homes Unit No. 2, and the bond referred to the City Attorney for checking. Approved by unanimous vote. CITY MANAGER BIRD reported he is in receipt of seven letters, all iden- tical, protesting the favoring of requests of Frank Martinez and the Eagles Lodge for a re -zoning of their property, which is adjacent to their property. The communications were from the following: ARTHUR L. BARR, M.D. and LUCILLE P. BARR; ANNIE M. & J. O. RIVERA; WILLIE B. BRACHKIN; MABEL & RALPH CHAVEZ; VIRGINIA & IGNACIO FRANCO; ALGID M. LUCERO; and JULIA E. & FLOYD R. SCIDMORE. CITY MANAGER BIRD recommended the communications be received and referred to the Planning Commission. Moved by Alien, seconded by Hart, the communications be filed. COUN- OILMAN'ALLLN stated these communications should be presented at the time of zoning, not at this time. Our only interest now is annexation. MAYOR HART withdrew his second to the motion. Motion died for lack of a second. Moved by Allen, seconded by Reid, it be referred to the Council at a public hearing. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. REPORT FROM CITY ENGINEER FOSTER was read, stating the improvements installed within Williams Manor #7 Subdivision have been inspected and approved by the Engineering Department, and recommended they be accepted by the City. There was a balance due the City in the amount of $285.77; and City Manager Bird stated he had the oheck for that amount, and recom- mended the City kttorney be authorized to prepare the necessary 9/5/61 75 resolution accepting Williams Manor #7 Subdivision. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved, and the City Attorney be authorized to prepare the resolution of accep- tance. Carried, by the following vote to -wit: Ayes; Allen, Morgan, Reid, Hart. Nays: Hollingsworth. NOTICE OF MEETING OF SAN DIEGO COUNTY WATER AUTHORITY FINANCE COMM/TEA to be held September 8, 1961; also a copy of the minutes of the adjourned meeting of the Board of Directors of the South Bay Irrigation District as of August 24th, were presented, and ordered filed by unanimous vote. ANNUAL REPORT OF THE DEPARTMENT OF PUBLIC HEALTH, covering the fiscal year 1960-61 was presented, and ordered filed by unanimous vote. REPORT FROM BUILDING INSPECTOR relative to the public hearings conducted by the California State Division of Housing relating to 1961 legislation was read. CITY MANAGER BIRD recommended the report be plaoed on file and the directive ordering the Building Inspector to prepare an ordi- nance be held in abeyance. Moved by Allen, seconded by Reid, the recom- mendation of the City Manager in regard to directing the Building Inspee- tor.to hold in abeyance the previous directive from the City Council in bringing up the City ordi nanoe to take care of the State Housing Auth- ority's bill, past the September 15th date. Carried by unanimous vote. COMMUNICATION FROM LAURENCE N. HOFFMAN of James P. Jenkins Realty Com- pany, was read, stating the Richfield Oil Corporation has authorized his re -submission of the lease offer for the property at the Northeast cor- ner of 24th and National Avenue. Also Richfield offers to purchase the parcel for $40,000. The suggested terms were set forth in the communi- oation. The communication was ordered referred to the Real Estate Com- mittee of the City Council by unanimous vote. NOTICE FROM U. S. ARMY ENGINEERS relative to application of U. S. Naval Station for a permit to relocate fleet mooring buoy number 38 and also a notice for permit to relocate fleet mooring buoy number 25, both in San Diego Bay. The notices were ordered filed by unanimous vote. COMMUNICATION FROM MARIAN M. TICE, CHILDRNT' S LIBRARIAN, was read, thanking Mayor Hart for participating in the presentation of the "Book Worm Certificates" and pins to the children who earned them. The use of the Community Building for the puppet show was also appreciated; also wish to thank Clarence Tormondsen for his assistance and the policeman who was in attendance. Moved by Allen, the communication be aoknow- ledged with thanks and a copy be sent to the Chief of Police and a copy placed in Mr. Tormondsen's civil service file. Motion died for lack of a second. Moved by Hollingsworth, seconded by T•Iorgan, the communication 9/5/61 76 be filed. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen, ±PORT FROM CITY ENGINEER FOSTER was read, recommending Tidelands Avenue 30-Inch Storm Drain be accepted by the City and a Notice of Completion filed. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the necessary resolution aocepting the work. Approved by unanimous vote. CITY TANAGER BIRD stated he has an easement which has been before the Council previously and was referred to the City Attorney for acceptance but there was an error in the signature, and has now been corrected, and recommended it now be referred to the City Attorney for preparation of a resolution of acceptance. Approved by unanimous vote. COMMUNICATION FROM THE CHAMBER OP COMMERCE was read, stating attached is a resolution adopted by the Board of Directors of the National City Chamber of Commerce on August 22, 1961, supporting the proposed trans - bay crossing to Coronado. CITY MANAGER BIRD recommended the communica- tion and resolution be received and placed on file. Moved by Allen, we go on record as being in favor of a trans -bay crossing. Motion died for lack of a second. Moved by Reid, seconded by Morgan, the communi- cation and resolution be filed. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Alien. PROCLAMATION FROM REGENT OF SAN MIGUEL CHAPTER D. A. R. was presented, asking the Mayor to proclaim September 17 through 23 as Constitution Week, The Mayor was authorized by unanimous vote. COMMUNICATION PROM L. D. MoDONALD was read, requesting refund of his cash bond in the amount of $25.00 for installation of a sidewalk. The request was approved by the Engineering Department. CITY MANAGER BIRD recommended the proper officials be authorized to draw the necessary warrant from the Trust & Agency Fund to return the $25.00. Approved by unanimous vote. COMMUNICATION FROM C. P. ALTAN was read, thanking Patrolman Hill, Sgt. Hunter and Patrolman Devaney for the courtesy and assistance rendered in getting him to the Navy Dispensary. Their quick action could have resulted in saving his life. CITY MANAGER BIRD recommended the communi- cation be reoeived, placed on file and a copy sent to the Chief of Police. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: None, Councilman Allen abstained from voting. 9/5/61 77 REPORT PROM CITY ENGINEER FOSTER was read, relative to Public Utilities Commission, Case No. 7173. The Subject case sets hearing dates to set up priorities for the allocation of S5,000,000 for railroad grade cros- sings and separations for the year 1962. In National City, the rail- road crossings having heavy traffic are taken care of by the existing and proposed freeways. It was the Bngineer's recommendation the City of National City take no further action. Report ordered filed by unanimous vote. REPORT OF THE CITY TREASURER for period ending June 30, 1961, and report for period ending July 31, 1961, were presented and ordered filed by unanimous vote. ACCIDENT PREVENTION SERVICE REPORT of State Compensation Insurance Fund was presented, and ordered filed by unanimous vote. REPORT FROM CITY ENGINEER AND CITY PLANNER was read, relative to Sweet- water River Channel, as proposed. CITY MANAGER BIRD said he believed the City Council, meeting as a committee should review it and if the Council from a policy determination are in accord with the thinking presented, we can then call a subsequent meeting with representatives of the Flood Control Division of the County, property owners and the City of Chula Vista, at a future date. Moved by Morgan, seconded by Hollingsworth, we approve the recommendation of the City i Tanager and have him set up a committee meeting at which time the Council could study the matter and make a recommendation. Carried by unanimous vote. CITY CLERK ALSTON presented the Annual Street Report and the Annual Report of Financial Transactions to the State Controller for the fiscal year ended June 30, 1961. Mrs. Alston stated the original reports have been filed with the State Controller and were checked by the City's auditors. It was the recommendation of the City Clerk the copies be filed in her office. Approved by unanimous vote. HOUSING DIRECTOR GAUT REA'UX stated the reports presented to the Council today are not fully complete because of the vacancy and rental record. ,sof today there is a total of 78 vacancies. Within the last four weeks five conversions were completed. Family rentals are again in demand, and collections have improved. REPORT FROM PLANNING COMMISSION was read, stating they received a let- ter of resignation from Commissioner E. lit Vaden, and recommended it be accepted. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission be approved, and the resignation be accepted with regrets. Carried by unanimous vote. 9/5/61 78 &,PORT FROM PLANNING COMMISSION was read relative to Application for Zone Change No. 0-6, signed by Paradise Valley Sanitarium and Hospital requesting a zone change from Ra-2, Two Family Residence Zone, to 0-2, Limited Commercial Zone, for property located at the Southeast corner of 4th Street and Sanitarium Avenue. The Commission recommended the request be granted for the 0-2 Zoning, subject to a 20 foot dedication for the widening of Sanitarium Avenue from Fourth Street to Eighth Street. CITY CLERK ALSTON stated the hearing can be set for September 26th. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission be approved and the hearing set for September 26th. Approved by unanimous vote. REPORT FROM THE PLANNING COMMISSION stated Resolution No. 28 U.S.), recommending the adoption by the Council an amendment to the Zoning Ordinance, was read. Moved by Allen, seconded by Reid, it be put on the agenda for the next meeting. Carried by unanimous vote. CITY PLANNER STOCKMAN stated with regard to the alleged zoning violation as submitted by Mr. Smith against Mr. Cohen on E. 20th Street; Ordinance No. 962 places the enforcement of zoning with the Planning Commission and was referred to the Commission for their consideration on August 28th, at which time a committee was appointed; they will make a field trip and report back to the Planning Commission on September llth; their report and action will be submitted to the Council at its next meeting. RESOLUTION NO. 7994 was read, accepting work by Pace Construction Com- pany for construction of Tidelands Avenue 30-inch Storm Drain. Moved by Hollingsworth, seconded by Morgan, the Resolution be adopted. Car- ried by unanimous vote. RESOLUTION NO. 7995 was read, accepting the improvements in Williams Manor #7 Subdivision. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. Moved by Reid, seconded by Morgan, the meeting be closed. Carried by unanimous vote.. Meeting closed at 3:38 p.m. eL MAYO , ITYOF NATIOATA CITY, CALII'ORNIA ATTEST: CITY CL' 9/5/61