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HomeMy WebLinkAbout1961 10-03 CC MIN103 National City, California, October 3, 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, Hatt, Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Gautereaux, Kerr. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Hatch of the Central Baptist Church. COUNCILMAN ALLEN stated he wished to make an apology to Rev, Hatch, as Rev. Pittman asked Mr, Allen if Rev, Hatch had given the invocation at the Council meeting last week and he said Councilman Morgan gave the invocation. Councilman Allen stated after receiving the minutes, he recalled he was absent during the invocation and did not hear Rev. Hatch, Moved by Reid, seconded by Morgan, the minutes of the regular meeting of September 26, 1961, be approved. Carried by unanimous vote. RESOLUTION NO. 8002 was read, "RESOLUTION TERMINATING LINCOLN ACRES ANNEXATION PROCEEDINGS." Moved by Morgan, seconded by Reid, the Reso- lution be adopted. Carried by unanimous vote. ATTORNEY CURRAN reported he has examined the proposed third modifica- tion for lease between the City of National City and the County of San Diego, and there appears to be no legal objections to the form of lease submitted. In the event the lease modification is to be approved by the City Council, authorization to prepare the resolution should be granted. The lease is relative to the Justice Court. The City Attor- ney was authorized by unanimous vote to prepare the resolution. ATTORNEY CURRAN stated there has been before the City Planning Commis- sion and the City Council a question as to the effect of an Opinion written by Superior Judge Anthony Brazil which held the ordinance adopted in Monterey County, restricting entirely the erection of bill- boards, was unconstitutional. There has been an appeal taken from the decision of Judge Brazil. It was anticipated it will take several months for the Appellate Court to finally determine the matter. There- fore, the question of the legality of the proposals which have been discussed in National City to ban billboards will have to await deter- mination by the Appellate Court. The Planning Commission has set a hearing for next Monday on the proposal to carry out the desires of the City Council in the matter. CITY ATTORNEY CURRAN stated the Director of the Department of Employ- ment of the State of California addressed a communication to the City 10-3-61 1J4 Attorney, inviting his attention to the fact the 1961 session of the Legislature enacted a section in the Unemployment Insurance Code which makes it unlawful for any employer to engage in specified discrimina- tory acts against an individual between the ages of 40 and 64 solely on the grounds of age. These amendments to the Unemployment Insurance Code to apply to the City of National City, as an employer. It was the recommendation of the City Attorney the matter be referred to the Civil Service Commission so they can review our present regulations and make certain none of our regulations are in conflict with the new statute of the Legislature. Moved by Allen, seconded by Reid, the recommendation of the City Attorney the new regulations in regard to age limits of persons employed by ths, City be referred to the Civil Service Commission to see if our rul's and regulations and Ordinance 712 conflict with the State law. "Approved by unanimous vote. Moved by Allen, seconded by Hart, as soon as convenient, the City Attorney try to get a ruling on the subject of the age limit for firemen and policemen, due to the fact there is going to be an examination shortly for one or the other and we would want to be sure we did not go against the State law. CITY ATTORNEY CURRAN stated he will make a report at the next meeting or as soon as he can. Approved by unanimous vote. CITY ATTORNEY CURRAN stated with reference to an amendment to Section 11566 of the Business and Professions Code, the amendment now provides that either a bond or a cash deposit should be made by a subdivider when he elects not to immediately set the monuments to determine the boundary lines of the lots in his subdivision. Attorney Curran stated he believed the City Engineer should be apprized of the provisions of the law so the next time we have a subdivision before the City Council the City Engineer can make a recommendation as to the amount of bond or the amount of cash deposit to be required as a condition for per- mitting the subdivider to delay setting of the monument. H. J. CORNELIUS, 2926 Grove Street, was present and presented a peti- tion, and approved map by the County Boundary Commission, and stated he is requesting annexation to the City of National City of the area outlined on the map. COUNCILMAN MORGAN stated the Boundary Commission has approved the boundaries on the proposed annexation, and asked the City Attorney if the Council could set a public hearing. ATTORNEY CURRAN stated the proper procedure would be to refer the petitions to him for whatever steps necessary are taken, and a resolution prepared for presentation to the Council. Moved by Morgan, seconded by Allen, the report of the City Attorney regarding the annexation be approved. Approved by unanimous vote. 10-3-61 105 COUNCILMAN ALLEN presented George W. DeHaven, our recently appointed Coordinator of Civil Defense, GEt GE DeHAVEN, 113 N. Clain ant Avenue, was present and thanked the Mayor and Council for their confidence in appointing him as Civil Defense Coordinator, and stated he will do everything he can to suit the Council in discharging their legal respon- sibilities to their constituents. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Harbor Fund Trust & Agency Fund Special Street Fund Drainage Fund Park Construction Fund Payroll Fund TOTAL $ 15,435.96 1,484.07 207.75 11,038.77 25.00 571.12 78,079,68 9,695.52 54,076.56 $ 170,614.43 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: Alien, Hollingsworth, Morgan, Reid, Hart. Nays: None. SPECIFICATIONS for positions of Park Supt., Asst. Park Supt., Recrea- tion Director, and Recreation Leader, were presented. Moved by Morgan, seconded by Reid, this be laid over another week. Approved by unani- mous vote. CITY MANAGER BIRD stated at the Council meeting of September 19, 1961, there was a report from the Real Estate Committee authorizing to adver- tise and auction property West of National Avenue, Housing Property, in parcels of two acres or more, with a minimum bid of $40,000.00, and requested the minutes be corrected to read: ":;$40,000.00 per acre." Approved by unanimous vote. CITY MANAGER BIRD stated the Real Estate Committee recommended and sub- sequently approved by City Council, the sale of City owned lots on 16th and 17th Streets, east of Palm Avenue, with a minimum bid to be estab- lished of $3,785.00 per lot for single lots, or $3,285,00 per lot for the whole parcel of eight lots. Subsequently Resolution 8001 was pre- pared by the City Attorney, which set up a procedure for advertising by the City Clerk to hold an auction in November. We have run into some difficulties; Resolution 8001 authorizes the City Manager to expend such sums and take such other steps as he may deem necessary in order to advertise the sale of such property and the City of National City shall receive the highest possible price for the sale of said property. Mr. Bird stated the auction was set up for 2:00 p.m. on the 10th day of November, 1961, in the office of the City Clerk. In going into the matter, it becomes very evident it would be quite difficult 10-3-61 1u6 to determine which would be the highest bid, if any are received; also by previos/acion of the Council it was declared courtesy should be given to realtors, which in essence means they would receive a commis- sion on behalf of their clients if they were successful bidder. We get into a realm of not being able to determine whom the highest bidder would be, and into a realm of indeterminate factors. CITY MANAGER BIRD recommended Resolution 8001 be rescinded; and authorize a resolution be prepared for the sale of the property for sealed bids to be opened before the City Council in regular Council session, with subsequent auction to be held if there is a five percent raise in bids. Also, Council consider the fact of eliminating the differential in the mini- mum bids of a single lot to the eight lots as a whole; further, to con- sider using the same terms and conditions which were successfully used in the sale of the El Toyon property. Mr. B5.rd said he would recom- mend the minimum acceptable bid be the one that is half way between the two that have been authorized by Resolution 8001. Moved by Hollingsworth, seconded by Alien, Resolution 8001 be rescinded. Car- ried by unanimous vote. Moved by Hollingsworth, seconded by Reid, the policy used previously in selling City property be used again and the City Attorney be authorized to prepare a resolution incorporating all of the City Manager's points. COUNCILMAN ALLEN suggested in sums of sale less than $50,000.00 the term of 6% be used instead of 5%, COUNCIL. MAN ALLEN stated in his opinion we will have to have a resolution for each sale of property because the amounts we are going to get for them is going to make a difference in the amount of interest. Carried by unanimous vote, HEARING ON ZONE CHANGE OF OLIVEWOOD ANNEXATION was held at this time. The establishment of zoning to be R-4, Multiple Residence Zoning and R-2, Two Family Residence Zoning. CITY CLERK ALSTON reported she received no written protests, and no one was present in this regard. Moved by Allen, seconded by Reid, the hearing be closed and referred to the Attorney for preparation of an ordinance. Carried by unanimous vote. HEARING ON ZONE CHANGE OF TEFFT-SEDLACK ANNEXATION was held at this time. The establishment of zoning to be R-4, Multiple Residence Zon- ing and R-2, Two Family Residence Zoning. CITY CLERK ALSTON reported she received no written protests, and no one was present in this regard. Proved by Allen, seconded by Reid, the hearing on Tefft-Sedlack Annexation be closed, and the City Attorney be authorized to prepare the necessary ordinance. Carried by unanimous vote. HEARING ON ZONE CHANGE from C-4, Wholesale Commercial Zone to an M-3, Limited Industrial Zone, on the City owned property lying both sides 10-3-61 107 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, was held at this time• CITY CLERK ALSTON stated she has received no written protests; and no one was present in this regard. Moved by Morgan, seconded by Reid, the hearing be closed, and referred to the City Attorney for the preparation of an ordinance; a change in Ordinance 962. Carried by unanimous vote. TELEGRAM FROM J. C. WOMACK, STATE HIGHWAY ENGINEER, was read, stating the California Highway Commission requested the City Council of National City be advised of the Commission's intention to consider the adoption of a freeway routing in San Diego County Road XI-SD-280-A, NATC, SD, A, between 0.4 miles east of proposed Route 2•_., and 0.4 miles east of Sweetwater Road. Explanatory letter from the Division of Highways will follow. CITY LAGER BIRD recommended the telegram be filed as proper notice from the State Division, awaiting action of the explanatory let- ter. Approved by unanimous vote, COMMUNICATION FROM CIVIL SERVICE CO+9MISSION was read, recommending an appointment be made to fill the vacancy on the Commission created by the expiration of the term of E1zer Harwell. CITY MANAGER BIRD recom- mended the communication be received and filed, and the Mayor take under consideration the appointment of a Commissioner. Approved by unanimous vote. COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY regarding Grove Terrace Subdivision, was read, stating water service will be available to all lots in the Subdivision, and a copy of the agreement between the Water Company and the subdivider was attached. CITY MANAGER BIRD recom- mended the documents be referred to the City Attorney for the proper procedure. Approved by unanimous vote. NOTICE OF MEETING of Disaster Council to be held at 3:00 p.m., Wednes- day, October 18th, 1961, in the Board of Supervisors' Chambers, was read and ordered filed. COMMUNICATION FROM LAW OFFICES OF FRANK P. DOHERTY, Los Angeles, was presented. CITY MANAGER BIRD stated Mr. Doherty is asking the City of National City for its opinion as to how to best deliver water within the Las Virgenes district which has petitioned the Metropolitan Water District and has now become a member of the Metropolitan Water District. It seems there is no private water companies, mutual water companies, or municipal water companies within the area, and they want to know how we distribute our water, and what recommendations we should make. Moved by Hollingsworth, seconded by Reid, the City Manager be authorized to answer the letter, and it is our recommendation they form a municipal 10.3-61 138 water district, and our advice they do not get in under any private enterprise. Carried by unanimous vote. COMMUNICATION FROM COUNTY TAX COLLECTOR RASMUSSEN was read, stating enclosed is a deed conveying the interest of the State of California for property located on Palm Avenue South of 18th Street, on which the City exercised the option. CITY MANAGER BIRD recommended the deed be referred to the City Attorney to prepare the necessary resolution for acceptance. Approved by unanimous vote. COMMUNICATION FROM HOWARD P. ELLIS, Chairman, Navy Days Display Commit- tee, was read, requesting permission be granted Salute The Navy Week Committee to haw "Welcome Navy" signs during the week of Oct. 22 through 28. One sign to be on the City Hall building, and one at an advantageious point in the Kimball Park area. It is further requested City crews be used to place the signs. Signs may be picked up at Tele - fix Company, 835 E. 8th Street on the 19th or 20th of October. Moved by Allen, seconded by Morgan, the request be approved. Carried by unanimous vote. COMMUNICATION FROM FIRE CHIEF BAILEY was read, requesting the Mayor to proclaim the week of October 8 through 14th as Fire Prevention Week. Moved by Allen, the Mayor be directed to proclaim Fire Prevention Week, and the National City Star -News and The Independent be requested to place the proclamation in their newspaper. Motion died for lack of a second. Moved by Morgan, seconded by Reid, the Mayor be authorized to proclaim the week of October 8 through 14th as Fire Prevention Week. Carried by unanimous vote. REPORT FROM TRAFFIC SAFETY COMMITTEE was read, stating a letter from Wylie H. Darnell was considered and a motion made recommending a "No Thru Street" sign be placed on the Northeast corner of 20th and Valle Vista Streets. Approved by unanimous vote. REPORT FROM TRAFFIC SAFETY COMMITTEE was read, recommending the request of Thomas G. Bost for a crosswalk painted across E. 8th Street at the West side of "V" Avenue, be granted. CITY MANAGER BIRD stated it will have to be a white cross walk if authorized by the Council. The recom- mendation of the Traffic Safety Committee was approved by unanimous vote. REPORT FROM TRAFFIC SAFETY COMMITTEE was read, relative to the remov- ing of the "Stop Sign" on "L" Avenue at Plaza Blvd.; a three day count was made by the Traffic Department, and the report was as follows: The count showed 13,687 cars on "L" Avenue and 14,564 on Plaza Blvd. which indicated the present location of the sign is most practical from a safety standpoint. 10-3-61 139 REPORT FROM TRAFFIC SAFETY COMMITTEE was read, stating a report was made by Sgt. J. N. Webb regarding accidents occurring at the intersec- tion of 13th Street and Roosevelt Avenue due to drivers not seeing the small stop sign at this corner. The Committee recommended the present stop sign located on the Southwest corner of 13th Street be replaced by a large stop sign. The recommendation of the Traffic Safety Commit- tee was approved by unanimous vote. REPORT FROM THE TRAFFIC SAFETY COMMITTEE stated a motion was made the Committee write a letter to the City Manager requesting opinion regard- ing their status and usefulness concerning the work they have been doing and are doing regarding traffic safety problems in National City. CITY MANAGER BIRD asked if the Council wished to give him any directive as to their thinking on the Committee's usefulness or their continua- tion, or any other matter of policy. VICE MAYOR HOLLINGSWORTH stated she would prefer the Council wait until the City Manager received the letter from the Committee. COUNCILMAN MORGAN stated the Council referred the question of 15 min- ute parking at loth and National Avenue to the Traffic Safety Committee and according to their report it was not discussed. Mr, Morgan said he would like to see it placed on their agenda for the next meeting. VICE MAYOR HOLLINGSWORTH stated she talked to the Chairman of the Traffic Safety Committee and he does not think it is going to be very practical because we rarely have any parking problem in the day time, and he said none of the signs are effective after 6:00 p.m., and it is after that time when it is difficult to park because of the bowling alley. CITY MANAGER BIRD stated it is his interpretation to the effect wherever you have any special loading zone, passenger zones, or green 15 minute zones, they are controlled ordinarily by the type of signs which are put up in conjunction therewith; in other words, if you want to make it 15 minute narking until 1:00 a.m., you can do so, just the same as we have done with "No Parking" between the hours of 4:00 and 6:00 a.m. for sweeping purposes. Moved by Morgan, seconded by Reid, it be referred back to the Traffic Safety Committee to make sure it is on their next agenda. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Vice Mayor Hollingsworth abstained from voting. COMMUNICATION FROM J. C. NIGH, 1934 "N" Ave., was read, requesting refund of cash deposit of $25.00 which was deposited in lieu of bond for sidewalk and curb work. The work has been inspected and approved by the Engineering Department. CITY MANAGER BIRD recommended the proper officials be authorized to refund the $25.00 from the Trust & Agency Fund. Approved by unanimous vote. 10-3-61 110 RESOLUTION NO. 8003 was read, authorizing the following transfer be made: From HARBOR FUND to GENERAL FUND, the following amounts: Labor $333.12; Equipment Rental, $47.08; Material $202.22; total $582.42. Said amount for labor, equipment rental and material costs for 13th Street Sewer Main and Manhole Replacement. Moved by Hollingsworth, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. COMMUNICATION FROM GEORGE E. BURNS, Sr. Deputy Inspector, Building Department, was read, stating the final inspection was made on Fire Station #2 on September 1, 1961, by Deputy Inspector John Wesley. Cer- tificates of Compliance and Occupancy are attached hereto. COMMUNICA- TION FROM WILLIAM F. ROSSER, Architect, stating they have checked out the Fire Station #2 building and found it has been built in accordance with the plans, specifications and change orders except for the photo- electric eye door announcer, buzzer, chime and door bell, which are on order and will be furnished and installed within 30 days. It is recom- mended the City accept the building and file a notice of completion. CITY MANAGER BIRD recommended the City Attorney be authorized to pre- pare the proper resolution of acceptance and in the resolution the City Clerk be authorized to file a notice of completion. Approved by unani- mous vote. COMMUNICATION FROM CHARLES C. DAIL, Mayor, City of San Diego, was read, inviting Mayor Hart, and as many people from National City who wish to accompany him, to attend open house at Civic Center either Saturday or Sunday, October 7 and 8. The open house will be called "Cross Section San Diego." MAYOR HART stated he would like to go on Saturday at 10:00 a.m., leaving the City Hall at 9:40 a.m., and would be very happy to take anybody who wished to go. CITY MANAGER BIRD stated he had an application from the Compton Lumber Company for an oversize driveway, which is located on Highland Avenue in approximately the 3100 block. The application has been approved by the Engineering Department, and Mr. Bird recommended the request be granted. Moved by Alien, seconded by Reid, the recommendation of the City Manager in regard to the Compton Lumber Company's oversize drive- way be approved. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. CITY MANAGER BIRD stated at the request of certain Council members, investigating the finishing of the El Toyon Community Building, rela- tive to the ultimate floor covering in the main auditorium, he asked the Architect and the Contractor to supply additional figures which would be an extra on the job. COMMUNICATION FROM JOHNSON & ANDERSON, 10-3-61 1 111 Architects, was read, setting forth two types of coverings; neither material is recommended as a dancing surface. COMMUNICATION FROM J.J. HAAS, Contractor, was read, submitting cost for adding the floor cover- ing. VICE MAYOR HOLLINGSWORTH stated a great many of the rentals in the Community Building will want to use it for dancing, and thought possibly we should explore the possibilities of some other types of material, other than those specified in the communication, which would be satisfactory to use as a dancing surface. Moved by Hollingsworth, seconded by Reid, the City Manager explore it further to see if there is another type of material that could be used. COUNCILMAN REID ques- tioned whether it would hold up the schedule on the building, CITY MANAGER BIRD stated he will have to inquire of the contractor whether or not it is going to materially effect his schedule; if it will hold Mr. x<Haas* construction up, he will be in contact with each member of the Council and so advise them. Carried, by the following vote to -wit: Ayes: Hollingsworth, Reid, Hart. Nays: Alien, Morgan. CITY MANAGER BIRD reported Mr. Blom, Asst. City Manager of San Diego, has been in communication with him regarding the sewer contract. Mr. Eird stated he has been sent a copy of the contract proposed for the City of National City. The only changes in the contract from the ori- ginal submitted in 1960 is to merely add a supplement changing the figures in the contract in eleven different exhibits, Further, through other sources, Mr. Bird said he has been informed that the City Council of the City of San Diego received the resolution of the City of National City approved by Council asking specific questions, etc, The action, or lack of action, according to the source of information, was to the effect the administrative staff of the City of San Diego informed the City Council in session this morning to the effect a new contract had been sent to the City of National City. Technically whether it is a new contract or whether it is the old contract, or is merely a supple- ment and made necessary by the unfortunate error which occurred in the estimates in the original Metropolitan system, Mr. Bird said he did not know. REPORT FROM THE PLANNING COMMISSION Was read relative to the Tentative Map of Coles Manor Subdivision. The Planning Commission recommended approval of the Tentative Map subject to certain conditions set forth in the report. Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission in regard to the Tentative Subdivision Map be approved, and referred to the City Attorney for the necessary procedure. Carried by unanimous vote. REPORT FROM THE PLANNING COMMISSION recommending establishment of zona ing on the Sweetwater Heights Annexation as R-4, Multiple Residence 10-3-61 112 Zoning, C-2, Limited Commercial Zoning, R-1, Single Family Residence .Zoning, was read. Moved by Morgan, seconded by Reid, the recommenda- tion of the Planning Commission be approved and a hearing be set for November 7, 1961. Approved by unanimous vote. REPORT PROM THE PLANNING COMMISSION was read, relative to Atomic Invest- ment Annexation. The Commission recommended approval of the proposed annexation. Moved by Morgan, seconded by Reid, it be referred to the City Attorney for the next step in the annexation. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. REPORT FROM THE PLANNING COMMISSION was read, stating communication was received from Frank R. Martinez, requesting withdrawal of the petition for property located on the South side of Sweetwater Road, comprising of approximately 15 1/3 acres. The Commission recommended no further action be taken on the annexation. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission in regard to withdrawal of the Martinez annexation be approved. Carried by unani- mous vote. REPORT FROM THE PLANNING COMMISSION was read, stating a communication was received from Frank R. Martinez, relative to the withdrawal of the petition for the annexation of approximately 3 acres of that certain property located on the South side of Sweetwater Road which is adjacent to the Bagels Lodge property. The Commission recommended a new letter, map and legal description be submitted by the City Planner to the County Boundary Commission with the deletion of the Martinez property which is adjacent to the Eagles Lodge property. CITY MANAGER BIRD stated 22 post cards have been received from persons favoring the annexation, Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission be approved. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. PHIL McCLURE, 3333 E. 8th Street, Engineer of the California Water & Telephone Company, was present and stated the request of Councilman Morgan is not a simple matter to make a report. Mr. McClure stated he has gone over all the maps which have been furnished by the State Highway Commission and he cannot find anything that is adequate to even begin to estimate what would be required in regard to a water system for sprinkling the freeways. The company is allowed to make crossings, but as to maintaining a line within the boundaries of the State Highway, unless there has been some ruling which he knows nothing of, they have not been permitted to do it up to the present time. COUN- CILMAN MORGAN asked if the Water Company would put in the lines if the State would maintain them. MR. McCLURE stated it will take some 10-1-61 113 additional investigation; the matter has been taken up with their San Francisco office and there has been a number of questions asked by them, which Mr. McClure said he is unable to answer until he has con- ferred further with the State Highway. Moved by Morgan, seconded by Reid, the meeting be closed, Carried by unanimous vote. Meeting closed at 3:15 p.m. ATTEST: CITY CLERK 2 MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 10-3-61