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HomeMy WebLinkAbout1961 12-05 CC MIN180 National City, California, December 5, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m. &clock. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Foster, Gautereaux, Golden, Hergert, Stockman. The meeting was opened with pledge of allegiance to the Flag, followed with invocation by Rev. Wayman of the First Methodist Church. MAYOR HART announced the Council will have a panel tomorrow at the Kiwanis Club, and all Council members are to be ?resent at 12:00 o'clock noon, in the Community Building. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of November 28, 1961, be approved. COUNCILMAN ALLEN stated the min- utes should be amended as the name of the restaurant is "Lydia's", where the Industrial Council held their meeting, and not "L.eiter's." Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. CITY MANAGER BIRD stated Deputy City Attorney Golden will be present at 2:00 p.m.; City Attorney Curran is out of town. COUNCILMAN ALLEN protested the approval of the minutes because the name of the cafe was incorrect. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 16,536.22 Traffic Safety Fund 1,554.31 Park Fund 244.01 Retirement Fund 4,827,31 Harbor Fund 593.34 Trust & Agency Fund 697.86 Special Street Fund 620.95 Drainage Fund 9,517.52 Payroll Fund 52,611.22 TOTAL $ 87,202.74 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, RESOLUTION NO. 8033 was read, authorizing the expenditure of $16,664.94 to W. J. Haas, payment on El Toyon Community Building, from the Capi- tal Outlay Fund. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 1911 IMPROVEMENT ACT on 21st Street between Grove and Newell, was pre- sented. WALTER F. HODGE, 2102 Grove Street, was present and stated he has obtained the signatures of 100g of the property owners on the 12-5-61 181 petition requesting the improvement, and requested the matter go for- ward. CITY MANAGER BIRD recommended the petition be received and referred to the City Engineer for checking as to the authenticity of the signatures and to proceed with the petition if the signatures are correct. Moved by Morgan, seconded by Allen, the recommendation of the City Manager regarding the improvement of 21st Street be aoproved. Carried by unanimous vote. CITY CLERK ALSTON stated the following bids were received for the improvement of 8th Street from Sanitarium Avenue to Plaza Blvd: FERRY BROS. MATERIALS CO., $128,907.40; DALEY CORP.; $124,995.60; SIM J. HARRIS, $127,141.10; V. R. DENNIS CONSTRUCTION CO., $126,336.45; R. E. HAZARD CONTRACTING CO., $114,947.70; KENNETH H. GOLDEN CO., $112,753.08; GRIFFITH COMPANY, $118,033.30. COMMUNICATION FROM LIONS CLUB was read, stating August 1, 1961, City Warrant No. 18674 was issued to National City Lions Club for the City's part of the fireworks display. The warrant has not been received and they request the warrant be cancelled and a new one issued. CITY MANAGER BIRD recommended the communication be referred to the City Attorney for the purpose of preparing the necessary document to cancel the check, and the proper officials, upon a report of the City Attorney be authorized to issue a new check. Approved by unanimous vote. CITY MANAGER BIRD reported he received a copy of Ordinance No. 2300 (New Series) of the County of San Diego, which is an ordinance similar to one adopted at the request of the City Attorney relative to sales tax, and recommended it be filed with the City Clerk. Approved by unanimous vote. COMMUNICATION FROM UNITED STATES CONFERENCE OF MAYORS was read, rela- tive to the possible taxation of income from Municipal bonds held by insurance companies. A recommendation with respect to Presidential action should be forthcoming within the next few days, and suggested City officials who have a concern with preserving the tax exempt sta- tus of local government bonds write to the President of the United States urging he take the necessary executive action to assure the continued tax exempt status of local government obligations. CITY MANAGER BIRD recommended the communication be referred to the City Attorney with the authorization he write, as requested, to the Presi- dent of the United States, setting forth his arguments as to why Muni- cipal bonds should remain tax free. COUNCILMAN ALLEN asked the City Manager if it would be better for the Mayor to sign the letter, or the City Attorney. CITY MANAGER BIRD stated he thought both the signature of the Mayor and the City Attorney; the City Attorney being authorized to draft the document because he is familiar with the legislation. 12-5-61 182 Moved by Allen, seconded by Raid, the recommendation of the City Mana- ger requesting the City Attorney prepare the document in regard to the taxation of City bonds and it be signed by the City Attorney and the Mayor. Carried by unanimous vote. COMMUNICATION FROM MRS. R. E. MATTHIES was read, regarding denial of the Planning Commission to waiver the requirement of sidewalks at 2239 E. 8th Street. There are no sidewalks on either side of the street for several blocks; and in the future when others install side- walks they will be willing to do the same. Moved by Morgan, seconded by Reid, we concur with the recommendation of the Planning Commission regarding the sidewalks and curbs at 2239 E. 8th Street. Carried by unanimous vote. RESOLUTION NO. 8034 was read, "FINrING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (ATOMIC INVESTMENT COMPANY ANNEXATION)." Moved by Reid, seconded by Morgan, the Resolution be adopted, Carried by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. RESOLUTION NO. 8035 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY REGARDING METROPOLITAN WATER DISTRICT TAXES." Moved by Morgan, sec- onded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8036 was read, "RESOLUTION ACCEPTING FIRE STATION 2." Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8037 was read, approving contract between City of National City and Tarter, Webster & Johnson, Inc, Moved by Alien, sec- onded by Hollingsworth, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO., "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 23rd STREET, "A" AVENUE AND CERTAIN ALLEYS IN THE CITY OF NATIONAL CITY, CALIFORNIA", was presented for the second and final reading. Upon motion of Allen, seconded by Reid, reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1015, "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 23rd STREET, "A" AVENUE AND CERTAIN ALLEYS IN THE CITY OF NATIONAL CITY, CALIFORNIA". Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. ORDINANCE NO. "AN ORDINANCE Aik,ENDING THE REGULATION OF PREPARED FOOD VENDING VEHICLES IN NATIONAL CITY", was presented for the second and final reading. Upon motion of Reid, seconded by Morgan, reading of the Ordinance was waived. The motion was adopted by unanimous vote. 12-5-61 183 ORDINANCE NO. 1016, "AN ORDINANCE AMENDING THE REGULATION OF PREPARED FOOD VENDING VEHICLES IN NATIONAL CITY". Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. ORDINANCE NO., "AN ORDINANCE AriENDING ORDINANCE NO. 962 BY REZON- ING CERTAIN REAL PROPERTIES IN NATIONAL CITY, CALIFORNIA", was pre- sented for the second and final reading. Upon motion of Allen, sec- onded by Reid, reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1017,. "AN ORDINANCE AMENDING ORDINANCE NO. 962 BY REZON- ING CERTAIN REAL PROPERTIES IN NATIONAL CITY, CALIFORNIA". Moved by Reid, seconded by Morgan, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Alien, Hollingsworth, Morgan, Reid, Hart, Nays: None. REPORT FROM CITY ATTORNEY CURRAN was read, requesting authorization to dedicate for street purposes the property purchased from Margaret Noble be rescinded. Attention has been called to the fact by Resolution 7154 adopted January 21, 1958, the property was dedicated for street purposes; and by action of the City Council on March 25, 1958, by adoption of Resolution 7189 the property was given the name of 21st Street. Moved by Morgan, seconded by Reid, the motion 21st Street be dedicated for street purposes be rescinded. Carried by unanimous vote. DEPUTY CITY ATTORNEY GOLDEN reported Attorney Curran stated a resolu- tion for the 1911 Improvement on 21st Street shall be adopted only if there is no protest. CITY MANAGER BIRD recommended the resolution be held in abeyance until the report from the City Engineer as to the legality of the signatures of 100 , of the property owners, as set forth by the petition. Approved by unanimous vote. COMMUNICATION FROM SUZANNE N. CARR, 1314 "J" Avenue, addressed to the Street Department, was read, thanking them for the prompt and courte- ous service she received from the two employees in answer to her call relative to a stopped -up sewer line. Moved by Allen, seconded by Reid, a copy of the letter be put in each of the employees jackets and the derpartment head receive a copy of the letter. Carried by unanimous vote. COMMUNICATION FROM TRAFFIC SAFETY COMMITTEE was read, stating they have heard and read in our local newspaper some members of the Council feel they have outlived their usefulness and are no longer needed; and if this is the opinion of the Council they shall be glad to submit their resignation as a body or as individuals. Moved by Alien, seconded by Morgan, we notify the Committee until such time as they are notified by us we are definitely interested in them, remaining where they are. 12-5-61 184 Carried by unanimous vote. Moved by Allen, seconded by aeid, the :Mayor sign the letter. Carried by unanimous vote. REPORT FROM CITY ENGINEER FOSTER was read, relative to bids received for the improvement of Sth Street from Sanitarium Avenue to Plaza Blvd. It was the recommendation of the City Engineer the contract for the work be awarded to Kenneth H. Golden Company, as low bidder. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the necessary resolution awarding the bid to Kenneth H. Golden Company, in the amount of $112,753.08. Moved by Allen, seconded by Reid, the recommendation of the City Engineer and the City Manager for the City Attorney to be instructed to prepare a resolution to award the bid for E. 8th Street improvement to Kenneth H. Golden Company, be approved. Carried by unanimous vote. CITY MANAGER BIRD stated there has not been a Real Estate Committee meeting set up and asked when the Council wished to have a meeting. COUNCILMAN MORGAN, Chairman of the Real Estate Committee, set the meet- ing for Wednesday, December 6th at 1:45 p.m. COUNCILMAN ALLEN stated any Council member or any other person inter- ested, are welcome to attend the meeting of the Unified San Diego County Civil Defense and Disaster Organization Council, Wednesday, December 6th, at 3:30 p.m. REPORT FROM THE PLANNING COMMISSION was. read, relative to Application for Zone Variance No, Z-17, signed by S. W. Fraser as Lessor and L. E. Hubbard for the Home Federal Savings & Loan Association as Lessee, relative to property on the south side of 8th Street, 94 feet west of Harbison Avenue. Petitioners requested permission to erect and main- tain for a period of one year a real estate directional sign, direct- ing traffic to Rolling Hills Subdivision, The Commission recommended the request be denied. COMi+MUNICATION FROM R. H. NICKEL of HOME FED- ERAL SAVINGS & LOAN ASSOCIATION, was read, appealing the decision of the Planning Commission. Moved by Alien, we go along with the recom- mendation of the Planning Commission in regard to this particular situ- ation. Motion died for lack of a second. CITY CLERK ALSTON set the public hearing on the appeal for January 2, 1962, at 2:00 p.m. Moved by Reid, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting closed at 2:23 p.m. AT MAY R, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK 12-5-61 185 National City, California, December 12, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m. o'clock. Council members present: Alien, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Hergert, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Wayman of the Firth Methodist Church. Moved by Alien, seconded by Reid, the minutes of the regular meeting of December 5, 1961, be approved. Carried by unanimous vote. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and asked if a petition for 1911 Improvement was signed by all the property owners in the area and later, before the petition had been processed, it was lbound four or five of the property owners had sold their property, would the new owners assume responsibility for that 1911 Improvement. ATTORNEY CURRAN stated it all depends how far the proceeding has gone, if the work had been completed and an assessment made, the property owner has to pay the assessment; if the work has not been started, pro- ceedings could be taken to protest. MRS. RICHARDS stated if a petition was presented for a 1911 Act Improvement on 17th Street could it super- sede the petition previously presented for the Improvement of 16th Street. MAYOR HART stated it would require Council action. E. H. ALSDORF, 2105 "J" Avenue, was present and stated he just returned from Texas and noticed signs along the highways which state: "If you drive, don't drink; if you drink, don't drive", and asked the Council' to take action to have such signs posted. Mr. Alsdorf said he is going to take it up with the State and would like to have the Council do the same thing. COUNCILMAN MORGAN stated the City has received an offer for property on National Avenue from 22nd Street to 24th Street, and asked if there is any way it could be advertised for leasing with an option to purchase. We have been offered $1,250.00 a month with an option to purchase if for $300,000.00. ATTORNEY CURRAN stated there is not any problem about leasing the property, but when the time comes for an option to purchase, that is something else. COUNCILMAN MORGAN stated he would like the City Attorney to work out something which would be legal so we can give the gentleman making the offer an answer. COUNCILMAN ALLEN stated he would like to ask the Attorney if there is not quite a difference in an option and a first refusal of a certain figure after a certain number of years; the Attorney to answer it at the time he makes his report relative to Councilman Morgan's inquiry. 12/12/61 186 CITY MANAGER BIRD recommended the City Clerk be authorized to turn over the note and trust deed and the necessary papers to the City Manager so he can proceed to get the escrow closed; it is with reference to the note of trust we hold against the Marco Corp. relative to the property on Division Street. It is necessary the documents be forwarded So the escrow can be closed and the City be paid. Moved by Morgan, seconded by Allen, the papers be turned over to the escrow and authorize the necessary ones to sign the reconveyance to continue with the escrow on E1 Toyon Park property. Carried by unanimous vote. APPLICATION FOR TRANSFER OF ON SALE G;NERRAL BEVERAGE LICENSE by Harold F. Dodds, dba Brown Bear Cafe, 29 W. 8th Street, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of the application for transfer. Moved by Allen, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, stating with the increased population in this area and the establishment of additional pawnbrokers and/or second hand dealers, it is becoming very difficult to properly oversee the multitude of merchandise that passes through these dealers. We are presently operating under sections of the Finan- cial Code pertaining to pawnbrokers. These sections are inadequate in relation to pawnbrokers and do not cover second hand dealers at all. It was requested National City adopt an ordinance similar to the word- ing on the papers attached to the communication so we may maintain some authority and control of the above mentioned businesses. CITY MANAGER BIRD suggested, if the Council is in accord with the request of the Chief of Police, as recommended by the City Manager, it be referred to the City Attorney to prepare an ordinance. Moved by Allen, seconded by Reid, the recommendation of the Chief of Police and the City Manager be referred to the City Attorney as to the legality, etc, be approved, and if the Attorney thinks it is legal and operative, he be authorized to prepare an ordinance. Carried by unanimous vote. NOTICE OF MEETINGS OF SAN DL EGO COUNTY WATER AUTkORITY to be held December 14th, and minutes of regular meeting of November 9th of the Water Authority, were presented and ordered filed by unanimous vote. REPORT FROM CITY ENGINEER FOSTER was read, stating the petition received for the 1911 Act Improvement of 21st Street between Grove and Newell is signed by persons interested in 100% of the frontage of the proposed improvement, and recommended the project be authorized. Approved by unanimous vote. CITY MANAGER BIRD asked if a waiver had been granted on any portion of 21st Street between Newell and Grove at the present time by the Planning Commission. CITY PLANNER STOCKMAN stated there 12/12/61 187 was a waiver granted last evening on the most westerly portion of the Hodge property which fronts on 21st Street, and there were no stipula- tions in the waiver. HEARING ON EAGLES ANNEXATION was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in this regard. Moved by Alien, seconded by Morgan, the hearing be closed and referred to the City Attorney to continue with the processing of the annexation. E. H. ALSDORF, 2105 "J" Avenue, was present and stated he thought we had a number of objections to the annexation earlier, and asked if this would have anything to do with the hearing. CITY CLERK ALSTON stated there were no objections which came before the Council, she believed they came before the Planning Commission. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. - REPORT FROM CITY ENGINEER FOSTER was read, stating a petition has been received for the 1911 Act Improvement of North "Q" Avenue, signed by persons interested in 63% of the frontage of the proposed improvement. It was the recommendation of the City Engineer the project be author- ized. CITY MANAGER BIRD concurred in the recommendation of the City Engineer. Moved by Morgan, seconded by Allen, the improvement of North "Q" Avenue be authorized. Carried by unanimous vote. REPORT FROM CITY ENGINEER FOSTER relative to petition for 1911 Act Improvement of 19th Street West from Valle Vista Avenue, was read, stating the petition was signed by persons interested in 60% of the frontage of the proposed improvement. It was recommended the project be authorized, Moved by Morgan, seconded by Allen, we continue with this 1911 Act Improvement. Carried by unanimous vote.. REQUEST OF KENNETH J. OLDAKER for refund of $25.00 deposit for cement work at 1311 Roosevelt Avenue, was read. CITY MANAGER BIRD stated the work was completed and inspected by the Engineering Department, and recommended the proper officials be authorized to make the refund. Approved by unanimous vote. COMMUNICATION FROM NATIONAL CITY DEVELOPMENT COMPANY was read, stating with regard to the Cityts requirement for concrete on City property in the driveway sections, they wish to apply for a variance from the requirement. The Veterans Administration specifications called for 4" of crushed rock base under a lip A.C. drive, and ask approval of the drive in lieu of the city concrete requirements. Moved.by Reid, sec- onded by Allen, the request be denied. Carried by unanimous vote. REPORT FROM THE REAL ESTATE COMMITTEE was read, stating a general dis- cussion was held in regard to city owned lots East of Palm Avenue, and 12/12/61 188 it was the recommendation of the Committee the sale of the City owned lots be laid over until after January 1, 1962; however, if a bid is received prior to that time the sale will be opened. Moved by Allen, seconded by Reid, the recommendation of the Real Estate Committee be approved. Carried by unanimous vote. CITY MANAGER BIRD presented the master copy of the group insurance policy for the City employees and recommended it be filed with the City Clerk. Approved by unanimous vote. ATTORNEY CURRAN stated there was referred to him for his consideration a Utilities Agreement which was submitted by the Division of Highways. Conferences have been held with the local district officials of the Division of Highways and certain changes have been made in collabora- tion with the City Engineer so a revised agreement has been submitted. The City Attorney can approve the form and legality of the revised agreement. In the event the City Council wishes to proceed they should authorize the preparation of a resolution to enter into an agreement. Moved by Morgan, seconded by Allen, the City Attorney be authorized to prepare a resolution with the State with the approval of the City Mana- ger and the City Engineer. Approved by unanimous vote. COUNCILMAN REID asked the City Manager if this met with his approval. CITY MANA- GER BIRD stated it did, it is very favorable to the City of National City. CITY ATTORNEY CURRAN stated in accordance with the motion, he thought the records should state the City Engineer's feelings in regard to the matter. CITY ENGINEER FOSTER stated he has been in touch with the Division of Highways, City Manager and others throughout the negotiating period, and it is his feeling it is in order and the best we can get. ATTORNEY CURRAN reported General Insurance Company of America has served notice of the cancellation of its Policy No. BLP 173640 in which Boul- der, Inc. & Glenn Payne & Edwin G. Fiske individually are insured, and recommended the insured be notified of the cancellation so in the event they desire to file new policies they may do so. We also have a Certi- ficate of Workmen's Compensation Insurance issued by State Compensation Insurance Fund showing Alcorn Fence Company and/or Atlas Fence Company has a valid Workmen's Compensation Insurance Policy, and recommended the Certificate be filed. Approved by unanimous vote. ATTORNEY CURRAN stated at the last meeting the Council authorized the sending of a letter to the President of the United States with refer- ence to a conference he had scheduled in order to determine whether the proposal of the Bureau of Internal Revenue with reference to taxation of income derived from tax exempt securities which are held by life insurance companies should be adopted. The City Attorney feels it 12/12/61 189 would not be apprnpriitC if such a letter was signed both by the Mayor and the it AttOfhey, and will be very happy to assist in the prepara- tion of a draft for the signature of the Mayor so the technical matters can be worked out; and recommended the portion of the motion authoriz- ing both signatures be rescinded, and the Mayor alone be authorized to sign the letter. Approved by unanimous vote. RESOLUTION NO. 8038 was read, "RESOLUTION APPROVING UTILITIES AGREEMENT NO, 8710H. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8039 was read, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (EAGLES ANNEXATION)". Moved by Morgan, sec- onded by Reid:, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. RESOLUTION NO. 8040.was read, ordering payment be stopped on Warrant No. 18614 in the sum of 4500. payable to National City Lions Club, and a new warrant for said sum be issued. Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8041 was read, accepting the bid of Kenneth H. Golden Company in the amount of $112,753.08, for the Improvement of 8th Street from Sanitarium Avenue to Plaza Boulevard. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'ATOMIC INVESTMENT C7MPANY ANNEXATION' TO THE CITY OF NATIONAL CITY", was presented for the first reading and read in full. Moved by Morgan, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 2:28 p.m. ATTEST: MAY O , ITY OF NATIONAL CITY, CALIFORNIA CITY CLERK 12/12/61