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HomeMy WebLinkAbout1961 09-12 CC MINNational City, California, September 12, 1961 Regular meeting of the City Council was called to order r Yayor Hart at 1:30 p.m. o'clock. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Gautereaux, Kerr, Osburn. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Councilman Morgan. Moved by Allen, seconded by Reid, t.;e minutes of the regular meeting of September 5, 1961, be approved. Carried by unanimous vote. RESOLUTION NO. 7996 was read, "RESOLTTI)N AP ROVING CHANGE IN WORK TO BE PERFORMED PURSUANT TO RESOLUTION OF INTENTION NO. 7928 (Prospect Street between 18th Street and 22nd Street)". Moved by Allen, sec- onded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 7997 was read, accelting easement from Ralph and Mildred L. Shrader. Moved by Hollingsworth, seconded by Morgan, the Resolu- tion be adopted. Carried by unanimous vote. MAYOR HART requested permission to appoint Buford E. Ellis, 2345 "N" Avenue, to fill the unexpired term of E. L. Vaden on the Planning Com- mission. Approved by unanimous vote. IAYOR HART declared a recess and requested Vice Mayor Hollingsworth to take the chair. The meeting was called to order by Vice Mayor Hollingsworth. Council members present: Allen, Morgan, Reid, Hollingsworth. Council members absent: Hart. ATTORNEY CURRAN stated yesterday the trial of the action of "Beatty vs National City" was held in Superior Court before the Honorable George A. Lazar. The Court ruled that protests by a aroperty owner in annexa- tion proceedings have been favored by the Legislature, and a property 3wner can change his mind as many times as he desires with reference to the question vI ether or not he wishes to protest the proposed annexa� tion of his property to a city. As ao lied to the case of "Beatty vs National City", this ruling of the Court meant at the time of the hear- ing before the City Council of National City regarding the proposed Lincoln Acres Annexation, a majority protest against the holding of an election had been made, and all proceedings to call an election should be cancelled. ATTORNEY CURRAN reported the Attorney for National Freight Terminals has advised the City Attorney the financing agent in examining the Papers by which an assignment for security purposes only was authorized 9/12/61 by the City Council of National City has determined in order to pro- tect the rights of the financing institution a request should be made, and has been made, the authorization for the consenting to an assign- ment be by action of the City Council through an ordinance rather than through a resolution. it will take authorization of the Council to prepare such an ordinance, if the Council is agreeable. Approval granted by unanimous vote to prepare an ordinance. HENRY W. SINTAY, Secretary -Treasurer of the Sweetwater Valley Junior Football League, was present, and stated he wished to appeal to the Council to try to do something for their league in the nacure of pro- viding a field for the boys to play their games. They would need a field four hours a week. VICE MAYOR HOLLINGSWORTH asked the City Attor- ney if someone was hurt on City Property, even though these people are well covered by insurance, is the City also liable. ATTORNEY CURRAN stated it is possible; how frequently such a condition would exist would be problematical. Moved by Allen, seconded by Reid, it be referred to the City Manager, Park and Recreation Superintendents to get together with Mr. Sintay to see if something can be worked out. Carried, by the following vote to -wit: Ayes: Allen, Reid, Hollings- worth. Nays: None. Councilman Morgan abstained from voting. Absent: Hart. JOS. COLAINNI, JR., 2772 Wilma Street, Lincoln Acres, was present and stated he wished to thank National City for all they have tried to do for Lincoln Acres. COUNCILMAN ALLEN stated he has been asked by some of the employees of the Bank of America to make an announcement. John Dyster will be with the Bank of America in National City 35 years on September 14th, and it has been requested everyone stop by and say "hello" to Mr. Dyster and congratulate him. It was suggested the Mayor write a letter on behalf of the Council and City employees so he would have it by that date. Moved by Allen, seconded by Hollingsworth, a letter be written to Mr. Dyster, including in it the fact that of the many business peo- ple and executives of businesses in National City, when their homes got into the area of possible commercial usage, instead of moving to Bonita, Chula Vista or some other place outside the City's limits, Mr. Dyster did build his new home in a residential section in National City. Approved by unanimous vote. PROPOSED ORDINANCE REZONING CERTAIN REAL PROPERTIES which was laid over for further study, was presented. Moved by Morgan, seconded by Reid, it be laid over until next week. Approved by unanimous vote. COMMUNICATION FROM MAYORS OF AMERICA UNITY PROGRAM, addressed to Mayor Hollingsworth, was read, stating the replica of the Mayors of America 9/12/61 81 Unity Scroll presented to President Kennedy on May 25th in Washington, is awarded to her by the Co-chairman of the Committee with their sin- cere appreciation for her participation in the endeavor. CITY MANAGER BIRD stated there was a resolution attached, and since it was action taken by Mayor Hollingsworth, the scroll is a presentation to her. CITY MANAGER BIRD requested approval and authorization for the City Clerk to advertise for five four -door sedans, and one four -door sta- tion wagon, for replacement of the patrol cars in the Police Depart- ment. Approval granted by unanimous vote. CITY MANAGER BIRD stated with reference to Ramm's Subdivision, it will be on the agenda of the City Council of the City of San Diego on Thurs- day, September 14th. NOTICE OF MEETING OF SAN DIEGO COUNTY WATER AUTHORITY WATER PROBLEMS AND POLICY COMMITTEE to be held September 14, 1961; also a copy of the minutes of the adjourned meeting of the Board of Directors of the San Diego County Water Authority; and the minutes of the regular meeting of August 17th, were presented, and ordered filed by unanimous vote. MINUTES OF MEETING OF SOUTH BAY IRRIGATION DISTRICT BOARD OF DIRECTORS for September 5th, were presented and ordered filed by unanimous vote. CITY MANAGER BIRD presented a Covenant Running With Land, signed by Arthur R. Ferguson, and recommended it be referred to the City Attorney for preparation of a resolution of acceptance. Approved by unanimous vote. COMMUNICATION FROM COUNTY TAX COLLECTOR RASMUSSEN, relative to Option & Agreement No. 6458 was read, stating the agreement will expire on October 7, 1961, if a deed to the property has not been requested by that date. A letter requesting a deed to the property should be writ- ten to the Tax Collector's Office, stating the use for which the prop- erty is being taken, that is, if you have a bonafide purchaser for the property or are taking it for public use. The purchase price for the property is $300.00. CITY MANAGER BIRD stated the property is Palm Avenue, lying South of 18th Street, and has sidewalks and curbs. Mr. Bird stated the question of policy in the matter is, do we exercise the option, pay the $300. to the County of San Diego and take back our por- tion of back taxes, or do we allow the County to go ahead and sue and create a nuisance value which could place us into Court because the access to the four abutting properties would be wiped out Moved by Allen, seconded by Reid, we pay the $300. COUNCILMAN MORGAN questioned the price of $300. and said he would like to check into it. COUNCIL- MAN REID withdrew his second to the motion. Motion died for lack of a second. Moved by Morgan, seconded by Reid, the matter be laid over a 9/12/61 week so Councilman Morgan can check into it and bring back a report. Carried, by the following vote to -wit: Ayes: Morgan, Reid, Hollings- worth. Nays: Allen. Absent: Hart. CITY MANAGER BIRD stated on August 11, 1961, we received a letter from an E. M. Abernathy, which stated he would like to acquire the portion of land adjacent to their property on Olive Avenue. The land is now a portion of Plaza Blvd. not used as such. The property is not large enough to build on, Mr. Bird stated he had a map prepared by the City Engineer's office showing the portion in question. It is located at the corner of Olive Avenue, which is in Susan Manor Subdivision. There are two questions which arise; one is, if it is not necessary for pub- lic use, and it was not a part of the original subdivision which Lot 12 is in, a street closing procedure would not, in his opinion, revert the property to the abutting property of another subdivision; the next question is if it is declared surplus, then we would have the necessary procedure to declare it such and place it for sale which could or could not through a nuisance value go to some other higher bidder rather than to the abutting property, Lot 12. The suggestion made was to explore the possibilities of leasing the property on a long term lease. Moved by Morgan, seconded by Reid, the City Attorney check possibilities for a lease only, and hold it in the City's name. Motion lost, by the following vote to -wit: Ayes: Morgan, Reid. Nays: Allen, Hollings- worth. Absent: Hart. CITY ENGINEER FOSTER stated the property under discussion is dedicated as a portion of Plaza Blvd. and the Council would have to determine they do not want it as a street and close it, then they could either lease it or sell it, or do nothing with it. Moved by Morgan, seconded by Reid, this part of the street be closed. Motion lost by the following vote to -wit: Ayes: Morgan, Reid. Nays: Allen, Hollingsworth. Absent: Hart. LETTER FROM BURGESS FAMILY thanking the City for their expression of sympathy, was read. The letter was ordered filed by unanimous vote. CITY MANAGER BIRD read RESOLUTION NO. 167504 OF THE CITY OF SAN DIEGO, stating the City of San Diego applies to the City of National City for permission to construct, operate and maintain an interceptor sewer or sewers, as shown on City of San Diego Sewage Collection, Treatment and Disposal System Proposed Interceptor Route Drawings Nos. 9986-5•D and 9986-6-D. CITY MANAGER BIRD stated in relation to the request, he had a telephone conversation with Mr, Blom, Acting City Manager, City of San Diego, and he stated the drawings referred to would have to be sub- mitted to the City of National City, but as there are some changes to be made the drawings would be submitted to us within the next ten days. It was the City Manager's recommendation the Resolution be referred to 9/12/61 83 the City Attorney and the City Engineer be authorized to accept the corrected drawings in lieu of those mentioned in the Resolution, and make a report on same. Approved by unanimous vote. CITY MANAGER BIRD read RESOLUTION NO. 167505 OF THE CITY OF SAN DIEGO, giving notice to the City of National City the contract between the City of National City and the City of San Diego providing for the transportation, treatment and disposal of sewage, and supplements and amendments thereto, is hereby terminated upon two years' notice as pro- vided in the contract. CITY MANAGER BIRD recommended the document be referred to the City Attorney, and San Diego Resolution 167504 and 167505 be documented by the City Clerk. Approved by unanimous vote. COMMUNICATION FROM THE SALVATION ARMY, addressed to the Chief of Police was read, requesting permission to place their Christmas kettles at the following locations: National City Post Office; Bank of America on 8th Street; and J. C. Penney's at the South Bay Plaza, REPORT FROM CHIEF OF POLICE CAGLE was read, recommending the request be granted. Approved by unanimous vote. COMMUNICATION FROM LOWER SWEETWATER LOCAL FIRE DISTRICT was read, stat- ing when the City of National City annexed Sweetwater Road and right- of-way, a fire hydrant located on the south right-of-way of Sweetwater Road approximately in the 3000 block was included. Chief Bailey has been contacted and the hydrant is not needed for the property which National City annexed. It is requested the Lower Sweetwater Local Fire District be granted permission to maintain the hydrant at its present location, CITY MANAGER BIRD recommended the request be granted, by letter, as there is no cost to the City of National City. Approved by unanimous vote. COMMUNICATION FROM NINTH DISTRICT, INC., California Congress of Parents and Teachers, was read, stating the annual P,T.A. membership enroll- ment campaign will be conducted from October 2 through October 6, and asking the Mayor to honor them with an official proclamation in recog- nition of the very fine privilege offered to all interested adults. The Mayor was authorized by unanimous vote. VICE MAYOR HOLLINGSW)RTH recognized ex -mayor Matthews. COMMUNICATION FROM NATIONAL CITY KIWANIS CLUB was read, requesting the Mayor proclaim October 1-7 as National Public Works Week. COMMUNICA- TION FROM AMERICAN PUBLIC WORKS ASSOCIATION was presented, making the same request as the Kiwanis Club. It was the recommendation of the City Manager the Mayor be authorized to make the proclamation. Approved by unanimous vote, 9/12/61 84 REPORT FROM CITY ENGINEER FOSTER was read, recommending the contract for the Improvement of Prospect Street from 18th Street to 22nd Street, be awarded to R. E. Hazard Construction Company, as low bidder. CITY MANAGER BIRD recommended the report be accepted and the City Attorney be authorized to prepare the necessary resolution of award. Approved by unanimous vote. MINUTES OF MEETING OF PARK & RECREATION ADVISORY BOARD of September 7, 1961, were presented and ordered filed by unanimous vote. CITY MANAGER BIRD stated he wished to call a Real Estate Committee meeting for 10:00 a.m., Thursday, September 14th, CITY CLERK ALSTON presented the Affidavit of Publication of Resolution No. 7986, proposing to change work to be performed pursuant to Resolu- tion of Intention No. 7928 on Prospect Street. The affidavit was ordered filed by unanimous vote. CITY CLERK ALSTON announced the meeting of the County Division of the League of California Cities in Chula Vista, Friday, September 15th. CITY ENGINEER FOSTER reported late this morning he received some revised maps from the County Public Works Department in reference to the Spring Valley Sewer Outfall; however, he has not had a chance to check them. REPORT FROM THE PLANNING COMMISSION was read, relative to their recom- mendation on the proposed amendment to the Zoning Ordinance. Estab- lishment of zoning on the Olivewood Annexation, Tefft-Sedlack Annexa- tion as R-4, Multiple Residence Zoning and R-2, Two Family Residence Zoning. Zone Change from a C-4, Wholesale Commercial Zone to an M-3 Limited Industrial Zone, on City owned property lying both sides of 30th Street west of National Avenue. Also amendment to the Zoning Ordinance regulating the restrictions placed on the permitted uses in the M-3, Limited Industrial Zone. Resolution No. 27 (N.S.) of the Planning Commission read, recommending adoption by the Council the amendment to the Zoning Ordinance. The Commission voted to adopt the Ordinance and Resolution No. 27 (N.S.). Moved by Alien, seconded by Morgan, the recommendation of the Planning Commission be approved, and a hearing set for October 3rd. Carried by unanimous vote. RESOLUTION NO. 7998 was read, "RESOLUTION OF AWARD OF CONTRACT (Pros- pect Street between 18th Street and 22nd Street)", Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hart. ATTORNEY CURRAN stated there was referred to him the resolutions of the City of San Diego with reference to sewers. It is the recommendation 9/12/61 85 of the City Attorney between now and the next meeting t:.e i:anayer and the City Attorney, if they can do so, secure information for pre- sentation to the Council at the next meeting on what basis the City could secure some technical assistance in this problem from a consult. i.ng engineer. Moved by Alien, seconded by Morgan, the recommendation of the City Attorney be approved. Carried by unanimous Note. Moved by Reid, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:35 p.m. AL1,;/v VICE MAYOR, CITY OF NATI L CIT1Cf,` LIFORNIA A'EST : CITY CLERK 9/12/61