Loading...
HomeMy WebLinkAbout1961 09-26 CC MIN95 National. City, California, September 26, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m, o*clock. Council members present: Hollingsworth, Morgan, Reid, Hart. Council members absent: Alien. ADMINISTRATIVE OFFICIALS presents Alston, Bird, Curran, Foster, Gautereaux, Kerr, The meeting was opened with pledge of allegiance to the Flag, followed with invocation by Rev. Hatch of the Central Baptist Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of September 19, 1961, be approved. Carried by unanimous vote. COUNCILMAN ALLEN present. ATTORNEY CURRAN requested peraission to have the adoption of resolu- tions presented after he has given his report. MAYOR HART granted the request.. ORDINANCE NO. "AN ORDINANCE AMENDING ORDINANCE NO. 920 TO PROVIDE FOR REGULATION OF AMBULANCES IN NATIONAL CITY," was presented for the second and final reading, and the title was read in full. Upon motion of Hollingsworth, seconded by Reid, further reading of the Ordinance was waived. The motion was adopted by unanimouS vote. ORDINANCE N3. 1008, "AN ORDINANCE AMENDING ORDINANCE NO. 920 TO PROVIDE FOR REGULATION OF AMBULANCES IN NATIONAL CITY," Moved by Allen, seconded by Morgan}.,, the Ordinance be adopted. Carried, by the following vote to.wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. ORDINANCE NO.�, "AN ORDINANCE AUTHORIZING THE ASSIGNMENT FOR SECURITY PURPOSES ONLY OF LEASE TO NATIONAL FREIGHT TERMINALS," was presented for the second and final reading, and the title was read in full. Upon motion of Hollingsworth, seconded by Morgan, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO, 1009, "AN ORDINANCE AUTH)RIZING THE ASSIGNMENT FOR SECURITY PURPOSES ONLY OF LEASE TO NATIONAL FREIGHT TERMINALS." Moved by Alien, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None, ATTORNEY CURRAN reported Glens Falls Insurance Company has served notice of cancellation of Bond No. 50-93.95 on behalf of W. H. Ledbetter & Son, pursuant to the sidewalk license bonding require. ments, and recommended W. H. Ledbetter & Sons be notified of the 9/26/61 96 cancellation so they can file a new bond if it is desired to do so. Approved by unanimous vote. ATTORNEY CURRAN stated the Public Utilities Commission of the State of California has issued its decision in Case No, 6148; it specifi- cally refers to the situation regarding the handling of a reserve for tax purposes on account of the liberalized depreciation which the San Diego Gas & Electric Company took for a period of years. It concludes Case No. 6148 and the effect, if any, upon the future operations of the San Diego Gas & Electric Company will have to await a determination by the Company as to whether or not it will again use the liberalized depreciation which is available to it under the Fed- eral income tax laws. ATTORNEY CURRAN stated at the last meeting he was authorized to pre- pare a resolution approving a contract with the Division of Highways of the State of California. It has since that time been brought to the attention of the City Attorney certain financial difficulties have been encountered; apparently there was not a meeting of the minds between the City and the State regarding the matter; it is therefore requested the presentation of the resolution be deferred until such time as these difficulties have been solved with the State Division of Highways. Approval granted by unanimous vote. ATTORNEY CURRAN stated after reviewing the record regarding the efforts on the part of National City to meet with the City of San Diego re- garding participation in the Metropolitan sewage project, and the questions which are posed by the enactment of Resolution Nos. 167504 and 167505 of the City of San Diego; the City Attorney feels the problem should be taken up on a Councilman level rather than having inquiries at this time come from the City Manager of the City Attorney. In order to accomplish the purpose the City Attorney proposes a reso- lution be adopted. RESOLUTION NO. 7999 was read, "RESOLUTION OF THE CITY OF' NATIONAL CITY REGARDING SEWAGE DISPOSAL." Moved by Hollingsworth, seconded by Reid, the Resolution be adopted. COUNCILMAN ALLEN stated he did not approve of the one year contract. Carried, by the following vote to -wit. Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Alien. AMENDED RESOLUTION NO. 7964 was read, "RESOLUTION CLOSING A PORTION OF THE ALLEY SOUTH OF TWENTY-THIRD STREET BETWEEN McKINLEY AND CLEVELAND AVENUES IN THE CITY OF NATIONAL CITY, CALIFORNIA." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 9/26/61 97 RESOLUTION NO. 8000 was read, authors;ing the execution of a municipal Corporation Grant Deed conveying certain property to Mamie E. Weisser; and accepting a Grant Deed from Mamie E. Weisser, Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8001 was read, "RESOLUTION APPROVING SALE OF REAL PROPERTY OWNED BY CITY OF NATIONAL CITY0" Moved by Alien, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ATTORNEY CURRAN reported the Mayor and the four other Council members have just been served with a peremptory writ of mandate in Superior Court Action No. 256639, entitled "Beatty vs the City Council of the City of National City." The writ follows the judgment of Judge George A.Lazar, which has previously been reported by the City Attorney and does require the City Council terminate the Lincoln Acres Annexation proceedings, The law has been amended so such determination now could be by resolution, in order to do so there should be an authori- zation for the City Attorney to prepare such a resolution. Authori- zation granted by unanimous vote, MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and stated the four-way boulevard stop which was installed in July at 16th & Palm has proven to be very good for all concerned, COUNCILMAN ALLEN asked the City Manager if he had in his report the appointment of a Coordinator of Civil Defense, and the request for payment. CITY MANAGER BIRD stated the payment has already been made; the appointment of a Coordinator should be a determination of policy, and if it is desired to appoint a Coordinator at the present time he is prepared to suggest for consideration the name of a resident of the City. HEARING ON ZONE CHANGE FOR PARADISE VALLEY HOSPITAL on property at 4th Street and Sanitarium Avenue, They are requesting a zone change from an R-2, Two Family Residence Zone, to a C-2, Limited Commercial Zone, CITY CLERK ALSTON reported the hearing had been duly advertised and she received no written protests; and no one was present in this regard, Moved by Alien, seceded by Reid, the hearing be closed and referred to the Attorney for preparation of an ordinance, in accord- ance with the recommendation of the Planning Commission. Carried by unanimous vote. CITY MANAC;ER BIRD reported he would like to recommend the name of George De Haven, Lieut. Comdr., U. S. Navy, Ret., who is out on physi- cal, and will not be recalled, has volunteered his services to act on behalf of Civil Defense. Approved by unanimous vote. 9/26/61 98 COMMUNICATION FROM JONALD L. FULTS, Secretary of National City 'Minis-. terial Association, was reads stating they officially went on record as being oplosed to the issuance of a license for a beer -bar in con- junction with a teenage dance hall in National City; and will do all they can to encourage their people to attend the public hearing on October loth. The communication was ordered accepted and filed by unanimous vote. COMMUNICATION FROM JAMES DON KELLER, DISTRICT ATTDRNkY, addressed to Police Chief Cagle, was read, relative to a change in Penal Code Section 1557 concerning advancement of money to cover the expenses of State Agents in extradition cases. Communication ordered received and placed on file by unanimous vote. COMMUNICATION FROM HOMER C. LOVELL, Parade Marshall., United Fund of San Diego Countyt addressed to the Mayor, was read, extending an invitation to participate as an honored guest in a community -sponsored parade on Saturday, October 14th at 11:30 a,.m, If the Mayor is unable to be present it is asked a designated representative be named, Area Queens are always welcome and may be included, MAYOR HART stated he would accept the invitation. Moved by Allen, seconded by Hollings- worth, the letter be referred to the Chamber of Commerce and perhaps they can make arrangements to have Miss National City be in the parade with the Mayor. Carried by unanimous vote. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES was presented, relative to proposed amendment to the League Constitution and By -Laws increas- ing League dues. CITY MANAGER BIRD stated it will be presented at the Conference in San Francisco in October. They are actually in- creasing the dues 25%, effective January 1, 1963. Moved by Hollings- worth, seconded by Allen, the members present at the Conference vote in favor of the proposed increase. Carried by unanimous vote, COMMUNICATION FROM COUNTY OF SAN DIEGO was read, stating enclosed are seven copies of the modification of the existing lease between the Ccunty of San Diego and the City of National City for the National J;Istice Court. It is requested five codes be executed and returned to the County, CITY MANAGER BIRD stated the amount of rental has been increased from $170,00 per month to $200.00, and recommended it be referred to the City Attorney for a report on the legality of the :ease, Ap3roved by unanimous vote. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, stating the City of San Diego intends to annex the territory delineated on the attached map. CITY MANAGER BIRD rotated it is relative to the Las A1taras Villa Sites lying adjacent to Valencia Park Unit No, 2. The communication was ordered filed by unanimous vote, 9/26/61 99 COMMUNICATION FROM PHILLIP ACKER, City Clerk, City of San Diego, was read, stating they are enclosing copies of San Diego's Resolution No. 167641, adopted September 14, 1961, consenting to the detachment of certain territory now within the City of San Diego to allow said territory to be annexed to the City of National City. CITY MANAGER BIRD reported it was relative to Ramm's Subdivision. Moved by Alien, seconded by Morgan, the communication and resolution be referred to the City Attorney to continue with the process of acquiring the sub. division. Carried by unanimous vote. COMMUNICATION FROM GOVERNOR BROWF addressed to Mayor Hart, was read, relative to the need for the adoption of adequate emergency prepared- ness measures by all levels of goverment in California because of the present grave international situation. CITY MANAGER BIRD stated we have been notified a State Coordinator will be in ou= area for the specific purpose of replenishing and updating all the blood plasma in storage. It was the Mar_agar's recommendation th3 communication be placed on file and a copy will be transr,:itted to the Liason Cfficer. Approved by unanimous vote. Moved by Allen, the information be disseminated to the various departments for publication on their bulletin boards. Motion died for lack of a second. REQUEST OF JOHN T. WRIGHT for a refund of $25.00 which was deposited in lieu of bond for curb and sidewalk work at 1631 B. 10th Street, was read. The work was inspected and approved by the Engineering Department. CITY MANAGER BIRD recommended the proper officials be authorized to refund the $25.00. Approved by unanimous vote. COMMUNICATION FROM TARTER, WEBSTER & JOHNSON, INC., was read, stating they wish to exercise the first option to extend their lease on Tidelands property for a period of five years, beginning December 15, 1961. The communication was referred by unanimous vote to the Harbor Committee, COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating they are attaching tentative specifications for the positions of Park vupt., Asst. Park Supt., Recreation Director and Recreation Leader for the Council's approval or correction. The specifications for the pLove positions were read. CITY MANAGER BIRD recommended the pro- pcsed specifications be held over for one week to give the Council a chance to study them and comment on same. The Council stated the Swimming Pool was not included. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved, but exclude the one week, it may take longer. Carried by unanimous vote. COUNCILMAN ALLEN stated he would like some comment regarding the two junior ratings by the heads of the departments, as to whether or not they 9/26/61 100 approve of the junior specifications. COMMUNICATION FROM CITY OF LA MIRADA was read, relative to their Resolution No. 61-150 urging tax relief as to fall -out shelters, and requested National City adopt a similar resolution for submission to the agencies concerned. Moved by Allen, seconded by Hollingsworth, the resolution and the letter accompanying it be referred to the new Civil Defense Coordinator for a report. Carried by unanimous vote, COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, recommending Richard Gautereaux, who resigned As a Patrolman, effective September 25, 1961, be placed on the reserve list for the position. COMMUNI- CATION FROM POLICE CHIEF CAGLE was read, recommending Richard Gautereaux be plated on the reserve list for the position of patrolman. Moved by I4oigan, seconded by Reid; the letter be filedt Carried, by the following hole +o..wit: Aye Hollingsworth, Morgan, Reid, Hart. Nays: Allen. COPY OF COMMUNICATION FROM COUNTY BOUNDARY COMMISSION addressed to He J. Cornelius was presented, and attathed tferetd was a report to the County Boundary Commission from Rudolph HediteL, acting Engineer for the Commission, relative to "Sweetwater Annexation Ho• 4" to the City of National City.., Moved by Allen, seconded by Reid, it be re it ferred to the Planning Commission, Carried by unanimous vote, COMMUNICATION FROM J. A. DYSTER, VICE PRESIDENT AND MANAGER, BANK OF AMERICA, was read, thanking the Mayor and City Council for sending their congratulatory letter on his 35th anniversary with the bank. The communication was ordered filed by unanimous vote. CITY CLERK ALSTON stated several weeks ago the Council authorized the Mayor to publish proclamations on P. T. A. Membership Week and Public Works Week, which is the first week in October. Since the Star -News did not publish the proclamation of "Constitution Week" she contacted their office and they stated it is no longer their policy to publish proclamations, Mrs, Alston recommended the notice be rescinded, and letters be sent to the people who wish the proclama- tions published stating the reason why we are unable to publish them. MISS CLARKE of the Star News stated it is the policy of the paper to not publish proclamations, but there was a misunderstanding about one of the proclamations and the Star -News did publish a story about a week in advance of being notified the City wanted it published, and it stated both National City and Chula Vista proclaim this certain occasion; therefore the Star -News did not carry the notice in the following issue as we had expected it would, The paper has no oolicy of denying the City the privilege of having a story of all proclama- tions and will continue to have a story on each proclamation issued 9/26/61 101 and she will advise the publisher it would be better for each City to have separate stories so people of each City read their own pro- claiation, CITY CLERK ALSTON stated it is her understanding the Star -News does not publish the proclamations themselves, they write stories. MISS CLARKE stated that was correct; but she will person ally request her publisher to change the policy and publish the cbii piete proclamations; she has no authority to say it will be done/ but will make the request. COUNCILMAN MORGAN asked the City Attbrr1ey if it is as legal to use one paper as another for our legals; for instance publish them in the Independent instead of the Star -News. ATTORNEY CURRAN stated the problem of publication of legals has been of concern to the City Attorney for some time; and the reason at the present time within the boundaries of National City there is not any newspaper being printed. The matter becomes particularly acute with reference to ordinances and certain resolutions which as a matter of epf law must be published if there is a newspaper printed in the City limits. In order to preclude any technical objections to actions of of the City Council a few years back when the matter of the discon- tinuance of the printing in National City of the Star -News was brought to the attention of the City Attorney he advised the City Clerk, and it is his understanding ever since that time the City Clerk has followed the procedure of posting every ordinance. This means if the City Council elected to do so it would not have to pub- lish ordinances and certain other matters are published; there are certain other legal publications which may be printed in newspapers which are published outside the City, and in that event it would be up to the Council to determine which newspaper should be selected for publications. Moved by Allen, seconded by Morgan, we rescind the motions that directed the Mayor to proclaim the two proclamations. Carried by unanimous vote. CITY ENGINEER FOSTER stated sometime ago representatives of the State Division of Highways contacted his office in regard to relocation of sewers in the area for the relocation of Highway 101; which is the matter the City attorney referred to and requested be held over until some of the difficulties could be resolved. Last week we went to the Highway Dept. with preliminary plans for the work we thought should be done to get our sewers out of the way of the highway, and a repre- sentative of the Highway Dept, agreed with them but we do not have his final approval of the change in sewers. The estimated cost of the movement of the sewers is in the neighborhood of $50,000.00 which the State has agreed to pay; however, just as recently as last week they brought up the fact'.the City is to pay for any betterment,' that is, increase in sizes or extended relocation outside the right 9/26/61 192 of way. Apparently this does not apply in our instances, at least we did not find any places where this would be necessary; but the critical thing is they said they should be abed credit for depre- ciation on abandoned sewers to be replaced. his area most of the sewers being abandoned have been in for approximately 40 years, which is the normal life of a sewer, so they are somewhere near 100% depreciated. In the operation we are abandoning a total of 8,406 lineal feet of sewer of various sizes, and we are only installing 4,280 prelineal feet; the matter of depreciation has to be determined. CITY ENGINEER FOSTER also reported the ten foot diameter pipe is being delivered for Paradise Creek drainage. CITY MANAGER BIRD stated it is necessary we have a meeting of both the Finance Committee and the Real Estate Committee; and set the meeting for Wednesday, Sept. 27th at 10:00 a.m. VICE MAYOR HOLLINGSWORTH questioned the status of Cole's Manor Sub. division. CITY MANAGER BIRD stated he has been informed they are filing a new map, as requested by the Planning Commission. The Com- mission accepted the tentative map and recommended a few changes. COUNCILMAN MORGAN stated he would like to ask Mr. McClure if it would be possible for the Water Company to arrange to put in a sprinkler system whereby we would be able to landscape the freeway in National City, Mr, Morgan said he would appreciate Mr, McClure bringing in a report whether it could be done by his company, PHIL McCLURE, Engi- neer, California Water & Telephone Company, 3333 E. 8th Street, was present, and stated he could not hear Mr, Morgan very well and asked Mr, Morgan to write him a note as to what he wished to find out and he would make every effort to get the information„ COUNCILMAN ALLEN stated he would like to ask the City Attorney if he would bring in a report whether or not it is necessary to be a char- tered City to have a municipal ':ourt. CITY ATTORNEY CURRAN stated it is not necessary to become a chartered city. Moved by Reid, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:10 pom. ATTEST: CITY CLERK `-4' &t,/ MAY O,CTY OF NATIONAL CITY, eIFORNIA 9f26/41