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HomeMy WebLinkAbout1961 01-10 CC MIN234 National City, California, January 10, 1961 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Hart, Morgan, Reid, Hollingsworth. Council members absent. None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Kerr, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Fults of the Lincoln Acres Community Churoh. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of January 3, 1961, be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported State Compensation Insurance Fund has issued a certificate showing Harry A. De Menga has a valid workmen'"s compen- sation policy in effect, and recommended the certificate be filed. Moved by Hart, seconded by Morgan, the certificate be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Swett & Crawford has issued a certificate of insurance that Tarter, Webster & Johnson, Inc. has excess third party property damage insurance coverage, and recommended the certificate be filed. Moved by Reid, seconded by Morgan, the certificate be file Carried, all the Council present voting aye. ATTORNEY CURRAN stated the lease agreement for the Identi-Kit equip- ment has been examined by him and he finds it is not satisfactory and has prepared a memorandum with recommended changes for the City Mana- ger, and until such time as we can work out an amendment to the agree- ment no resolution approving this agreement to be adopted. ATTORNEY CURRAN stated the decision of the Public Utilities Commission in Application No. 41117 of the California Water & Telephone Company for approval to carry out the terms of certain contract and for auth- ority to supplement its main extension rule determines the contract they had commenced prior to the date of the opinion shall be approved. In this matter the City Attorney and also the Attorney for the South. Bay Irrigation District feels a petition for re -hearing should be filed before the Public Utilities Commission and if a re -hearing is not granted, if it is then appropriate authorization be given to file for relief from the Court in this matter. These agreements are the agree- ments by which the subdividers contributed more than a million and one half dollars to the California Water & Telephone Company for the con- struction of facilities. It is a matter which has long been of vital 1/10/61 235 interest; the fact this opinion had not been rendered was one of the reasons the South Bay Irrigation District did not want to place the proposal on the ballot in November. Accordingly, the City Attorney recommends the matter not be dropped and that he be authorized to file a petition for re -hearing, and if no re -hearing is granted, to seek relief from the Court in this matter. Moved by Hart, seconded by Reid, the recommendation of the City Attorney be approved in regard to the matter concerning the water. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH asked if the people on the Public Utilities Commission are appointed for a certain length of term, or do they serve indefinitely; are they appointed by the Governor, or is there some way we could control the length of time they serve. ATTORNEY CURRAN stated the appointments are for a period of six years and are made by the Governor subject to confirmation by the State Senate. As of this month two of the appointees and two members of the Commission active in this matter have terms which are expiring. The Governor has already publicly made it clear neither of the two present incumbents will be appointed, and has appointed an Attorney in Corona to take the place of one of the Commissioners and the fifth spot is yet to be determined. For the first time in approximately two years Southern California will again have representation on this Commission. The present Commission is composed exclusively of persons who reside in Northern California, The Governor has also made it clear the fifth appointee will also come from Southern California. COUNCILMAN MORGAN stated the Governor did appoint an assistant attorney of San Diego this morning. ATTORNEY CURRAN stated that would be Frederick Holoboff, and is encouraging news for this area because of the fact Mr. Holoboff has appeared in these proceedings and he worked closely with him and has great respect for Mr. Holoboff's mind and his technical knowledge in these matters and it is very encouraging to have somebody who will understand these problems. FRANK S. HOBBS, dba as Scotty's Kiddie Rides, was present, and requested consideration of a reduction in the license fees charged him for his business. The present fee is $75.00 per year; City of San Diego charges $50.00; Chula Vista and Imperial Beach $25.00. Moved by Hart, seconded by Morgan, this be referred to the Finance Committee for study. Carried, all the Council present voting aye. THELMA McKAY, 1137 E. Third Street, was present and asked if the Coun- cil looked with favor in regard to amending the Cat Ordinance. MAYOR HOLLINGSWORTH stated there are several petitions which will be pre- sented later in the meeting by the City Manager. 1/10/61 236 MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated her opinion in regard to old buildings versus new buildings. The matter of the cat problem was also presented, and wondered if it would not be possible to create a disposal unit. Mrs. Richards also favored rabies shots for oats, and licensing of same. K. R. GOLDMIAN, 1055 E. Division Street, was present, and stated we have to have some control on cats but did not believe they should be licensed the same as dogs. He also thought the rabies shots were unnecessary. HEARING ON ZONE CHANGE at 24th Street and "F" Avenue from an R-4 Mul- tiple Family Residence to C-3-C General Commercial Zone, was held at this time. CITY CLERK ALSTON reported she received no written pro- tests, and no one was present objecting to the zone change. Moved by Hart, seconded by Allen, the hearing be closed and referred to the City Attorney for preparation of a resolution. Carried, all the Coun- cil present voting aye. M. M. SIVRICH, 1131 "A" Avenue, was present, and stated he would be willing to buy a license for his cat, but protested having to put a collar on it. MAYE NITSCHE, 1137 E. First Street, was present, and stated she would like to know about the oat traps; she had several of her oats disap- pear and she called the round, and the Police and nobody knows where the cats are. MAYOR HOLLINGSWORTH stated we have had innumerable com- plaints about stray cats; we do have a cat trap we loan Out for a deposit where people can catch the cats, but there have been very few cats picked up. ELIZABETH CUNNINGHAM, 333 W. 13th Street, was present, and stated she knows that cats do have rabies but not as often as dogs; and where she worked at one time there were several people who came in for the Pas- teur treatment as they had been bitten by rabied oats. COUNCILMAN MORGAN stated the License Clerk has been sending out let- ters to persons who have a state license saying they must take out a license in National City because they are in business. There are a lot of people in National City who have a state license who are not in business. Moved by Morgan, seconded by Hart, the City Attorney and City Manager check into the ordinance and see if it could not be, cleared up to take care of these people. Carried, by the followig vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. COMMUNICATION FROM POST R AND KLEISER was read, requesting permission to rebuild nine existing structures which are located on the east side 1/10/61 237 of Montgomery Freeway extending from the south of 12th Street to the north of the bridge, which is just beyond 24th Street. DANIEL W. HALE, Manager Public Relations Department, Foster and Kleiser, was present and stated there are 10 signs, there is one poster panel on the west side still remaining, but it is not included in their request; they are only asking for permission to rebuild nine. Moved by Morgan, sec- onded by Alen, Poster and Kleiser Company be permitted to remodel these signs. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO GAS & ELECTRIC COMPANY was read, relative to the request of the an Diego and Arizona Eastern Railway Company for the vacation of an alley located in Block 233, City Plat. The San Diego Gas & Electric Company maintains and operates electric power pole line facilities within the alley proposed vacated; however, arrangements have been made with the property owner providing for these existing electric facilities. Therefore, they are withdrawing their protest of December 1, 1960. CITY MANAGER BIRD recommended this be referred to the Planning Department. CITY PLANNER STOCKMAN stated she received a copy of the letter and it was taken under consideration and will be presented under the Commission's report later in the meeting. Moved by Allen, seconded by Hart, the communication just presented be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD presented three petitions regarding eats. They are in answer to the appeal in the letter in the Star -News by Mrs. Thelma McKay. There are a total of 48 signatures on the petitions of City residents. Moved by Hart, seconded by Alien, the Mayor be authorized to select a committee to work over the cat ordinance and also to get expert advice from some veterinarians, perhaps some to serve on the committee, and some lay citizens in National City to also work on the committee, and see if they can present an ordinance that will work satisfactorily. Carried, all the Council present voting aye. CITY TREASuEER KfRR asked if she is to sell licenses without the cats hav- ing had rabies shots, or hold up 9 s0%sling the licenses. Moved by Allen, seconded by Hart, the rabies/be eliminated for a period of 60 days from today. Carried, all the Council present voting aye. CITY MANAGER BIRD stated at a previous Council meeting there was referred to a committee for a report regarding trailer licenses, and asked the CityaPlanner, a member of the committee, to make the report. CITY PLANNER STOCKMAN reported the matter has been discussed by the City Manager, City Treasurer, Building Inspector, and City Planner, and they have come up with a rough draft and recommended it be for- warded to the City Attorney for final preparation for presentation to the City Council. Moved by Allen, seconded by Reid, the recommendation 1/10/61 238 of the City Planner in regard to referring the draft to the City Attor- ney to present to us as an ordinance in regard to the change in trailer fees be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he wished to report in the matter of monies advanced by the City in 1946 and 1947 in the amount of $726,046.54, which was the contract on the various sewer extensions, and at which time we set forth a sewer fee of $170.00 as a service charge for the reclaiming of this money rather than going to a bond issue; as of December 31, 1960, the $170.00 fee on the new system has returned to us $601,486.00. There is a balance which we will retrieve of $124,560.54. The $170.00 charge was figured out by the City Engineer and himself and they figured they would retrieve this entire three quarters of a million dollars in fifteen years. Our first collection was October 10, 1948, of $170.00, so it appears we will come very close to retrieving the money. Mr. Bird said he did not believe the Council should at the present time attempt to increase the cost to the property owner being served, if we begin to lose a considerable amount of money, then a study should show it and we will take it before the Council for an increase in rate. MAYOR HOLLINGSWORTH stated this money has come back out of the ground into the Capital Outlay Fund, not the General Pund of the City, and we have managed to build a beautiful library and also a fine fire station and it was all done at no cost to the citizens of National City and no bond issue, and we are still continuing to make sewer extensions whereby the money will con- tinue to come in. It was a very wise Council in the 1940's who deserve this credit. CITY MANAGER BIRD stated he has a matter which has been presented by the Chief of Police in a communication to him, and it has to deal with the question of the California Highway Patrol assuming jurisdiction of that part of U. S. Highway 101 for policing of same from Division Street and 30th Street. Chief Cagle has set forth a number of factors to substantiate his recommendation. Copies of the letter have been made for the Council's study; no action is wished to be taken on it until the Council has made a study of it and at that time the Council can make whatever decision they feel is justifiable in the request of the Chief of Police. CITY MANAGR BIRD stated he has a copy of a letter which has been sent to the Planning Commission and it has to do with a fence, also with the material of fence construction, and recommended it be referred to the Building Department and.the Planning Department for a report on which is alleged, not only in this communication, but those factors on which they are asking guidance. Moved by Reid, seconded by Morgan, 1/10/61 239 the communication be referred to the Building Department and Planning Department, as recommended by the City Manager. Carried, all the Council present voting aye. CITY MANAGER BIRD asked Mayor Hollingsworth, Chairman of the Finance Committee, if she proposed to have a meeting of the Committee in the near future. MAYOR HOLLINGSWORTH stated she would call a Finance Com- mittee meeting at the first opportunity the City Manager is free to attend. CITY CLERK ALSTON presented the Affidavit of Publication of Ordinance No. 982 in regard to "Sweetwater Annexation Unit #2", and the Affidavit of Publication of Ordinance No. 983 in regard to Special Election per- taining to the annexation of "Sweetwater Heights." Moved by Allen, seconded by Reid, the Affidavits be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the annual report from the Board of Admin- istration of State Employees' Retirement System to the Governor and Legislature; also the annual report concerning streets and roads for the fiscal year 1959-60; which will be on file in her office. Moved by Allen, seconded by Morgan, the reports be filed. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the follow- ing names for consideration to fill the vacancy on the Commission effective January 21, 1961, created by the expiration of term of Com- missioner Gibbs: reappointment of Mr. Gibbs. Mr. Gibbs was appointed May 17, 1960, to fill the unexpired terra of Commissioner James; George Buell; Alvin Clancy; enA George Wright. MAYOR HOLLINGSWORTH stated she would make the appointment next week. REPORT FROM THE PLANKING COMMISSION was read relative to Tefft-Sedlaek Annexation, Lots 435 and 437 of Lincoln Acres Annex No. 3. The County Boundary Commission approved as definite and certain the boundary description of the proposed annexation. Previously there had been two separate annexation proceedings, but upon recommendation of the County Boundary Commission the two lots were combined as one annexa- tion with the inclusion of the south half of 24th Street. The Commis- sion recommended approval of the annexation. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission in regard to Tefft-Sedlaek Annexation be approved, and referred to the Attorney to continue the procedure of annexation. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, relative to the estab- lishment of zoning on Hudson Annexation. After public hearings, the 1/10/61 240 Commission recommended the zoning as set forth in the proposed amend- ment be approved. Moved by Allen, seconded by Reid, the recommenda- tion of the City Planning Commission be approved and a public hearing be set for February 7th. Carried, all the Council present voting aye. Resolution No. 24 (N.S.) of the Planning Commission recommended the adoption by the Council of the attached amendment to the zoning ordi- nance, which pertains to Hudson Annexation zoning. Moved by Alien, seconded by Reid, this be attached to the public hearing of the annexa- tion. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION relative to the request of the San Diego and Arizona Eastern Railway Company for the closing of an alley located in Block 233, City Plat, was read. The Commission recommended the alley be vacated as requested. Moved by Allen, seconded by Reid, the recommendation of the City Planning Commission in regard to closing the alley be approved, and referred to the Attorney for a resolution. Carried, all the Council present voting aye. REPORT FROM THE r'LANNING COMMISSION was read, stating a petition was received, signed by four property owners requesting the closing of the alley between 22nd and 23rd Streets in the block between "L" and "K" Avenues. Letter received from Walter E. and Alice U. Sorensen, 2230 "L" Avenue, protested the closing of the alley. It was the general opinion of the Planning Commission the closing of the alley would not be good planning for future development of the area which is an R-2, Two Family Residence Zone; therefore, they recommended denial of the request for the closing. Moved by Hart, seconded by Morgan, the rec- ommendation of the Planning Commission be approved. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated she had a Covenant Running With Land and a 10 foot easement for the North side of 16th Street West of Lanoitan Avenue, and recommended they be accepted and referred to the City Attorney for the necessary resolution. Moved by Hart, seconded by Morgan, the recommendation of the City Planner be approved. Carried, all the Council present voting aye. Moved by Morgan, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:03 p.m. ATTEST:. A, Vie MAYOR, CIAF NA'isIONAL C CALIFORNIA CITY CLERK 1/10/61