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HomeMy WebLinkAbout1961 02-21 CC MIN300 National City, California, February 21, 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: ]o..e. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Kerr, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Wayman of the First Methodist Church. CITY CLERK ALSTON stated on page 296 of the Council minutes of Febru- ary 14th, the next to the last paragraph, we have "moved by Hart" and it should be "moved by Allen," and with the correction asked for approval of the minutes. Moved by Reid, seconded by Morgan, the min- utes of the regular meeting of February 14, 1961, with the correction as stated by City Clerk Alston, be approved. Carried, all the Council present voting aye. E. G. STUBBS, Assistant General Freight Agent, Atchison, Topeka and Santa Fe Railway Company, was present, in regard to the Railway's application to the Interstate Commerce Commission for authority to acquire controlling interest in The Western Pacific Railroad, and requested the Council to support them by Resolution in this regard. Moved by Morgan, seconded by Reid, this be laid over for study for one week. Carried, all the Council present voting aye. CANVASS OF BALLOTS OF SWEETWATER HEIGHTS ANNEXATION ELECTION was held at this time. CITY CLERK ALSTON reported there were no absentee bal- lots cast. There were 90 ballots received and 69 ballots cast, yes, 46; no, 23. Moved by Allen, seconded by Reid, it be referred to the City Attorney for preparation of a resolution. Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7874 was read, approving and accepting an amendment to contract between City and William F. Rosser, dated February 21, 1961, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Hart, seconded by Allen, the Resolu- tion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7875 was read, "RESOLUTION DECLARING THAT rROCELDINGS HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF NATIONAL CITY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "OLIVEWOOD ANNEXATION," AND GIVING NOTICE OF THE PROPOSED ANNEXATION." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. 2/21/61 301 ORDINANCE NO. , repealing portion of Ordinance No. 828 providing for the regulation of cats, was presented for the second and final reading. Upon motion of Allen, seconded by Hart, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 987, "AN ORDINANCE REPEALING THAT .PORTION OP ORDINANCE NO. 828 PROVIDING FOR THE REGULATION OF CATS IN NATIONAL CITY." Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ORDINANCE NO. , an ordinance amending National City Sales Tax Ordinance, was presented for the second and final reading, and the title was read in full. Upon motion of Alien, seconded by Reid, fur- ther reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 988, "AN ORDINANCE AMENDING NATIONAL CITY SALES TAX ORDINANCE." Moved by Morgan, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ORDINANCE NO., an ordinance amending Ordinance No. 962 by rezon- ing certain properties in National City, was presented for the second and final reading, and the title was read in full. Upon motion of Allen, seconded by Reid, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 989, "AN ORDINANCE AMENDING ORDINANCE NO. 962 BY REZON- ING CERTAIN PROIERTIES IN NATIONAL CITY." Moved by Hart, seconded by Morgan, the Ordinance be adopted. Carried, by the following vote to - wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN reported Mid -Century Insurance Company has given notice of cancellation of Bond No. 92756884, sidewalk license bond, which shows Lyle Drager dba Drager Construction as principal. The notice states the principal is now out of business; however, we should follow our customary procedure and have the City Clerk notify the prin- cipal the bond has been cancelled so he can file a new bond if he desires. Moved by Allen, seconded by Morgan, the recommendation of the City Attorney in regard to the bond be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he received a copy of a communication from the San Diego County Water Authority calling attention to the fact they are making certain changes in the preparation of the agenda for matters taken up with the Authority; and if any person wants to have a matter 2/21/61 302 placed on the agenda he should notify the General Manager of the Authority prior to the first Friday of the month when action is desired any time during the month. It was recommended by the City Attorney the communication be filed. Moved by Morgan, seconded by Hart, the commu- nication be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Service Contract which the Division of Highways submitted for the performance of certain surveying work and the resetting of marks has been examined. It is not in such a form it can be approved; the office of the District Bngineer has been notified and he has requested the contract be returned so the matter can be taken up with the Division of Highways Attorneys and the City Attorney in an effort to work out a form which will be satisfactory. Moved by Allen, seconded by Reid, the recommendation of the City Attorney be approved, and the form be returned and he be authorized to work out the necessary agreement. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Covenant Running With Land which was pre- sented at the last meeting has been examined, and it is defective inasmuch as it does not have the seal of the Paradise Valley Hospital and also the City Attorney recommends together with the Covenant, the City be given either a resolution of the Board of Directors or other authority in the by-laws which would authorize the Administrator to make an agreement pertaining to this property which would be binding on the owner. Moved by Allen, seconded by Reid, the recommendation of the City Attorney be approved, and the City Manager be authorized to write such correspondence. Carried, all the Council present voting aye. T. W. LARK, owner of property at 616 Highland Avenue, was present and presented a petition with 16 signatures protesting the installation of billboards on Highland Avenue from 8th Street North. It was the gen- eral feeling of those who signed the petition, rather than to fight one permit application at a time the property owners would appreciate it if an Ordinance was considered to permanently prohibit such bill- boards. CITY PLANNER STOCKMAN stated Ordinance 962 permits in a C-3, 0-3-A, C-3-C, C-3-B Zone billboards provided, however, any billboard may not be erected except after obtaining a special use permit from the Planning Commission. This is then true each billboard to be placed in any of these zones must receive approval from the Planning Commission. When adopting the Ordinance it was placed in there to give some type of control over how the billboards would be arranged, where they would be located, because they were having so much difficulty in National City of billboards being placed against signs for which our own local merchants had payed $3,000. and $4,000. Mrs. Stockman said she has received two petitions, which state the undersigned are opposed to the 2/21/61 303 granting of permits for erection of advertising billboards, other than those pertaining to the business actually conducted on the location of said billboard, of property on Highland Avenue North of 8th Street. They asked the Planning Commission to consider the enactment of an ordinance to permanently prohibit erection of such billboards. CITY PLANNER STOCKMAN stated these petitions and request to place a bill- board at the Northwest corner of 5th and Highland has been taken to the Planning Commission twice; at both times, although there were a different number of Commissioners present, it has ended in a 2-2 vote, a 3-3 vote, and it is, therefore, the request of these people the Council direct some type of action be taken by the Planning Commission. It is necessary to have the approval of the Planning Commission to place a billboard in a Commercial Zone; not in a Manufacturing Zone. Moved by Morgan, we go on record not having these billboards on High- land Avenue, and let the Planning Commission study the other streets in the City. MAYOR HOLLINGSWORTH stated we should have an ordinance that is not discriminatory in one area. COUNCILMAN MORGAN said he would include the entire City, and change his motion. Moved by Morgan, seconded by Hart, an ordinance be prepared amending Ordinance 962, stating no advertising signs of this nature will be erected in other than an M Zone. E. H. ALSDORP, 2105 "J" Avenue, was present, and stated if the Ordinance is amended why do you have to come to the Plan- ning Commission to get permission to place the signs; that should be taken into consideration in the change. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH reported the Traffic Safety Committee stated they would like a member appointed from National Avenue, and with the approval of the Council she would like to appoint Louis Sothras, who has the bowling alley at 10th and National Avenue, and he signified a willingness to serve. Moved by Morgan, seconded by Reid, the Mayor be authorized to appoint Louis Sothras as a member of the Traffic Safety Committee. Carried, all the Council present voting aye. COUNCILMAN ALLEN announced the San Diego Industrial Development Coun- cil will have their dinner this evening at 7:00 at the Little Chalet, 1033 "B" Avenue, Coronado. COUNCILMAN ALLEN stated the City Manager has handed the Council a let- ter from Assistant Staff Counsel of the State Lands Commission. CITY MANAGI( BIRD stated this will come up under his report. COUNCILMAN MORGAN asked the City Manager if the City pays $4.00 a month on the water hydrants the Macao Corp. installed in the subdivision where the park will be in the future. CITY MANAG:'R BIRD said the 2/21/61 r 304 hydrants in the area and not used are not being charged for water at the present time. They were put in by Macao Corp. under contract and in conformity with the Fire Department location. Only those hydrants in the occupied area are being charged. COUNCILMAN ALLZ recognized former Postmaster Cosby who was in the audience. BILLS AUDITED BY THE FINANCL COMMITTLE presented: General Fund $ 24,182.53 Traffic Safety 4,197.54 Park Fund 448.89 Retirement Fund 4,697.85 Harbor Fund 240.79 Trust & Agency Fund 559.94 Drainage Fund 8,321.38 Park Construction Fund 291.58 Payroll Fund 50,280.53 TOTAL $ 93,221.03 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: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. RESOLUTION ITO. 7876 was read, authorizing the payment of $23.40 to FLOYD LIME COMPANY for two red lights on Car #57 for the Fire Dept., from the Capital Outlay Fund. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. COMMUNICATION VROM ROBERTA RALPH, Assistant Staff Counsel, State Lands Commission, regarding leasing legislatively granted tidelands and sub- merged lands to private interests, was read. CITY MANAGLR BIRD stated following receipt of the letter, we have ordered a study for purposes of protection and bringing up to date our various segments of the tide- lands, which is being carried forward at the present time to see which grants were given to us in 1917 and in 1923. CITY MANAGER BIRD stated this morning While he was in a meeting with the County Counsel at Civic Center, his assistant took a telephone call from the Western Lumber Company, and the inquiry was specifically, would the City of National City allow Western Lumber Company to sublease to the National Steel Shipbuilding Corp., San Diego, for the purpose of building a 90,000 square foot building on the Southwest corner of 24th and Tidelands Avenue, which is under lease to Western and Sullivan at the present time. They wish to build the building and sublease it to National Shipbuilding for the purpose of building a new Government ship. They would employ 400 to 500 people and is a half million dollar installa- tion. Western and Sullivan in their projected plans do not propose to use the area they have under lease for two to five years, and want to sublease the land and building, which they will build, to National 2/21/61 305 Steel Shipbuilding Corp. There is a time element involved and they want an answer by 5 p.m. tonight, and are willing to accept an oral answer. This is necessary so National Steel Can proceed and prepare plans and specifications for bidding on a new land ship, a ship which will travel over land for the U. S. Army. Moved by Allen, as soon as this meeting is over this be taken under discussion and not have to hold up the other business of the City Council. Motion died for lack of a second. MAYOR HOLLINGSWORTH asked the City Attorney if he was prepared to give an answer on the letter and request. ATTORDk;Y CURRAN stated as far as the letters are concerned, what Pr. Stevens set forth in his letter is nothing more than we in the City administration have studied the matter over a number of years, knew all the time. The communication from the State Lands Commission invokes a matter into contention which, as far as the City Attorney knows, has never arisen. The only times, to his knowledge, the City of National City has entered into negotiations to lease tidelands was in a situation where the City received the title to the tidelands and subject to the trust. The matter of the obligation of the trust has caused litigation, particu- larly to the City of Long Beach and the principles imposed under the trust are very well known, and from time to time the administrative officials who had to prepare the leases had in mind the problem whether or not more than 75% of the tidelands had been leased; whether there was any available. Mr. Curran said as far as he can see to try to decide right now a question you do not have is impossible; with this possible exception. It is not only in this telephone call, but in the previous communication regarding the rarker lease, in the attempt of the 'Mueller Trucking Company to secure an assignment of its lease for the purposes of security so it can build a building, the problem arises as to whether or not the City of National City is going to entertain any application for either an assignment of the lease or a sublease, and as a matter of policy, to date the City has not done so. When the sccasion arose that some lessee decided he no longer wanted his lease, he surrendered the lease and there were negotiations for a new tenant. The law provides, as pointed out in the letter from Mr. Stevens, under certain circumstances there can be subleases and there can be assign- ments, and this is something which was worked out in detail with the Attorneys for Western Lumber at the time the ordinance granting them a portion of the tidelands they now have from National City. The only possible question, which Attorney Curran stated he sees which can be before the Council, is whether or not the City Council is going to maintain the policy of saying there will be no assignment and there will be no subleases, or whether the Council is going to adopt a new policy. MAYOR HOLLINGSbORTH stated she did not think our overall policy 2/21/61 306 should be changed, but in this particular case she would want to con- sider it a little; Western Lumber does not want to give up this land and wants to build this building now rather than wait four or five years. It is only a temporary situation, and under those circumstances it might pay us to revise our policy in a case of this sort; but she would not stand still for any change of policy which would mean we would lease our land in good faith and have somebody else speculate on it. MAYOR HOLLINGSWORTH asked if it is the feeling of the Council you would like to seriously consider a temporary agreement or change of policy in regard to the Western Lumber Company and still keep our own policy which we have had in the past, so we will be able to give an answer for the City Manager to give to Western Lumber Company, that we may be interested. CITY MANAGER BIRD stated National Shipbuilding Corp. is in hopes of getting this contract, they had no place to build the proposed ship; therefore, they placed a stipulation of 5:00 o'clock tonight because they will have to put an entire crew of engineers and estimators to meet the deadline of March 14th. They are not assured of getting it but are hopeful, and on that basis they are willing to take an oral statement. Mr. Bird asked if it is the thinking of the Council he tell National Steel before 5:00 p.m. this afternoon a sub- lease situation can be worked out and they could go ahead and submit their bid. Moved by Hart, seconded by Morgan, the City Manager's recommendation in regard to the sublease be approved. COtPCILMkN ALLEN asked the City Attorney where the Council would be if the motion is approved, what time limit he would suggest it would be possible for the Council to find out if we could proceed, considering the Stevens' report and the communication which confronts us. ATTORTY CURRAN stated the wording of the motion is what bothers him; the City Manager posed a question rather than made a recommendation. The point is whether or not the Council at this time wish to go on record it would look favorably toward negotiations which would permit a sublease in the event the contract was awarded for this specific purpose. VICE MAYOR HART, with the approval of his second, withdrew the motion. Moved by Hart, seconded by Morgan, the City Manager be permitted to notify Wes- tern Lumber Company that in the event National Steel is successful in securing a contract for the building of the land beat, the City of National City will enter into negotiations for the purpose of looking forward to enabling Western Lumber Company to permit a portion of the land they have under lease to be used as a building site upon which the manufacture of the land boat could be built. Carried, all the Council present voting aye. 2/21/61 307 CITY MANAGER BIRD stated he received a telephone call from San Fran- cisco yesterday from Mr. Stone informing him the specific proposition will be forthcoming within the next two weeks; their engineers have now been able to complete the proposed plans on the 66 acres South of the creek. However, Mr. Stone will be in Washington, D. C. with the General of the Army Engineer Corps two weeks hence, and at that time he asked permission of the Manager to go into the present Bay develop- ment which was submitted two years ago to the Army Engineers. Mr. Bird said he gave him permission, on an unofficial basis to discuss the matter at the Washington level, at no expense to the City nor com- mitment of the City. CITY MANAGER BIRD reported he has been in communication with the State Division of Highways, Mr. Reynolds, who is in charge of acquisition, in regard to El Toyon Park. Mr. Reynolds and the National Development Company are holding a meeting in the Division of Highways' office this afternoon on the preliminary purpose of coming up with acquisition of 14 to 15 acres abutting El Toyon Park which the State will then present to us for acceptance and a trade. The money has been made available by, and approved by the State Highway Commission setting forth a cer- tain amount of funds for acquisition of these lands and others along the 241 freeway. Moved by Allen, seconded by Hart, a copy, if it has not already been done, be sent to the Chairman of the Park and Recrea- tion Advisory Board. MAYOR HOLLINGSWORTH stated it is her understand- ing the minutes are mailed to the Chairman of each Committee so he automatically gets it, so there is no point of the motion. VICE MAYOR HART withdrew his second to the motion. Motion died for lack of a second. COI MMIMTION FROM NATIONAL CITY TRAFFIC SAFi,TY COMMITTBz was read, stating it has been brought to the attention of the Committee there have been instances in which it has been alleged the Traffic Safety Committee has shown favoritism to one or more individuals regarding various requests which come before the Committee. The committee has never in the past, nor will it in the future, show favoritism or dis- crimination to any individual or group of individuals regarding any requests brought before the Committee for traffic safety recommenda- tions. All recommendations investigated in the past were made in the best interest of traffic safety. In the future all recommendations will be made in the best possible interest of traffic safety and with the full cooperation and advice from the Police and Engineering Departments or private individuals who might be able to offer their advice or sug- gestions. Moved by Allen, seconded by Hart, a letter be sent to the Chairman and members of the Traffic Safety Committee that the Mayor 2/21/61 308 and Council members have the utmost confidence in their integrity and in their performance of the job given them. Carried, all the Council present voting aye. COMMUNTICATION ADDRESSED TO MAYOR HOLLINGSWORTH FROM MAYOR McA:LLIST`R OF CITY OF CHULA VISTA was read, stating the cities of San Diego Bay held a meeting in the San Diego Country Club on February 8th to dis- cuss the need of a Cooperative effort in studying and making recommen- dations as to the future use and organization of San Diego Bay. The recommendation was made, and passed, the Mayor of each city select two people from their city to sit in on a committee to discuss the possi- bilities of San Diego Bay unifications. It is requested the selection be made and submitted by March 1, 1961, so arrangements can be made for our first meeting during the early part of March. MAYOR HOLLINGS- WORTH stated she attended this meeting, and Mr. Bate of the San Diego Harbor Commission and also 0. D. Arnold, the President, were present, and it was thoroughly discussed and felt, after listening to Mr. Bate, there was definitely a need of all the cities being in agreement, especially when Mr. Bate goes east to Washington, D. C. to see the Army Engineers in order to get any improvements for the Bay. He did not want anybody in politics on the Committee and he thought it should be a lay committee and would have to be people who would give a lot of time, not at meetings, but a lot of study of past history of San Diego Bay. Mrs. Hollingsworth stated she has two people whom she believes would be very good, one is Alfred Fessman, who has worked with Mr. Bate and the other is James Rusk, Who is the retired Supt. of the Elemen- tary Schools in National City. Moved by Morgan, seconded by Hart, we accept the Mayor's recommendation on this committee. Carried, all the Council present voting aye. COMMUNICATION FROM RAYMOND M. GILMOiiE was read, relative to the proposed sewage contract. Moved by Allen, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. COMMUNICITION FROM STATE CONTROLLER was read, relative to the revised estimated, apportionments to be paid incorporated cities during the fis- cal year ending June 30, 1961, based on April 1, 1960, U. S. Census. CITY MANAGER BIRD stated the amount set up for National City is over $1,000. higher than the original estimate. It was the Manager's recommendation the communication be received and placed on file with the City Clerk. Moved by Hart, seconded by Morgan, the communication be received and placed on file with the City Clerk. Carried, all the Council present voting aye. 2/21/61 309 APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Steve G. Nettleton, Midget Market #6, 2421 National Avenue, was pre- sented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of the application. Moved by Hart, seconded by Reid, the application be filed. Carried, all the Council present voting aye. COMMUNICATION FROM JAMLS W. TAYLOR, Chairman, Institute on Government, addressed to Mayor Hollingsworth, was read, stating San Diego's Thir- teenth Annual Institute on Government, sponsored by San Diego State College and several government employee groups in this area, will be held Thursday, March 30, 1961, at San Diego State College. Support of the project is requested. CITY MANAGER BIRD stated in the past we have had a number of our employees delegated by the Department Heads, and some of the Department Heads have attended the Institute; and recommended the policy be continued, and where we have those employees who are delegated by Department Heads, or those employees who wish to attend the Institute, with the permission of the Department Heads, same be continued as in the past. Moved by Reid, seconded by Morgan, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. NOTIOF, OF MELTING OF LEGAL AND CLAIMS COMMITTEE OF SAN DIEGO COUNTY WATER AUTIORITY February 24, 1961, was presented and ordered filed, CITY MANAGER BIRD reported he is in receipt of the final plans for Fire Station No. 2, and recommended no action be taken upon acceptance of these plans. The other original set has been sent to the Building and Fire Departments for comment and report, and action be taken next week. Moved by Allen, seconded by Reid, the recommendation of the City Mana- ger be approved. Carried, all the Council present voting -aye. REQUEST OF SADIE B. KINYON, 2004 Valle Vista, for a refund of $25.00 cash bond for sidewalk work, and it has been inspected and approved February 20th by the Engineering Inspector, and approved by City Engineer Roberts. CITY MANGER BIRD recommended the proper officials be designated to refund the $25.00 from the Turst & Agency Fund to Sadie B. Kinyon. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to bond refund be approved. Carried, by the following vote to -wit: Ayes; Allen, Hart, Morgan, Reid, Hollings- worth. Nays: None. COMMUNICATION FROM PARK AND RECREATION ADVISORY BOARD was read, stating at their meeting of February 15th it was moved and seconded they reaf- firm their stand taken at the special meeting held February lst. They recommended the City Council take all steps necessary for acquisition 2/21/61 310 of additional land necessary for adequate parking and additional play - field activity area before accepting the plans for a building. The motion carried. Also a motion was made and carried they reaffirm their belief the City Hall should not be in park property, it should be located elsewhere. It was also recommended the City Council pro- vide a secretary and recording machine so complete records of the minutes can be made into typewritten form, one copy for the Park and Recreation Advisory Board, one for the City Council, and one, if per- missible, to the National City News. A motion was made and carried .< they cancel their regular scheduled meetings and call a meeting on the 3rd Monday of each month at the City Hall Council Chambers, for the purpose of giving the public the opportunity to attend the meetings; and if at the end of three months the attendance does not warrant it, they will go back to their regular scheduled meetings. The Board also recommended they be allowed to send a delegation to the Recreation Con- ference in Los Angeles. CITY MANAGER BIRD stated a copy of the minutes was received for filing. Moved by Allen, seconded by Hart, the request of the Park and Recreation Advisory Board regarding a secretary be referred to the Finance Committee. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, stating the request of Mr. Frazer and other business men in the vicinity of 18th Street and National Avenue for removal of the white island to cement blocks was discussed, and recommended compliance with the request in order southbound traffic could enter the business places on the east side of National Avenue if they so desired. It was also recommended the situ- ation be closely watched with a traffic counter installed in order to determine how many cars were crossing in the area. If it should prove to be a traffic hazard, the Committee would then recommend the white lines be repainted as they presently exist. Moved by Allen, seconded by Hart, the recommendation of the Traffic Safety Committee in regard to the trial and the elimination at the present time of the painted island at 18th and National be approved. Carried, all the Council present voting aye. RETORT F.k OM THE TRAFFIC SAFETY COMMITTEE was read, stating a letter from Orange Empire requested stop signs at the corner of W. 19th and Haffly Streets. The Police Department, having found it advisable to do so in the interest of traffic safety, had already recommended the installation of the stop signs. CITY MANAGER BIRD stated those stop signs were installed. REPORT FROM TRAFFIC SAFETY COMMITTEE was read, stating a letter was received from Mrs. E. Coburn Vandever, requesting flood lights in front 2/21/61 311 of the Boys Club. Since street lights are now installed at 14th, 15th and 16th Streets, it was determined it would be up to the Boys Club to install any additional lighting, and the Committee, in a letter to Mrs. Vandever, suggested parents parking across the street from the Boys Club to pick up their children at night, urge them to use the cross- walks where the lights are installed in order to prevent a traffic safety hazard. The possible future installation of traffic signals at 4th and Palm Avenue and 10th and "D" Avenue was discussed by the Com- mittee upon the recommendation of Don Newberry of the Engineering Department. It was decided the present 4-way stop at 4th and Palm and the 2-way stop at 10th and "D" was sufficient at the present time, with the recommendation another traffic count be taken in 90 to 120 days in order to determine if the situation has changed. CITY I}AMkG ii BIRD stated that traffic count will be taken. Letter from Mrs. Cunningham, W. 13th Street, regarding cars parked on 28th Street east of Highland on the south side of the street, causing hazard to pedestrians was discussed. Most of the Committee members, Chief Cagle and Don Newberry were all familiar with the situation, and since there are no sidewalks or curbs in this particular area, a motion was made and adopted a let- ter be sent to Mrs. Cunningham advising her of the situation and sug- gesting the best possible solution would be the installation of curbs and sidewalks under the 1911 Act by property owners, thus enabling the Police Dept. to enforce parking regulations in the area. Chief Cagle informed the Traffic Safety Committee the Council had presented a request to round the corners at the intersection of 18th Street and Cleveland Avenue because large equipment was having difficulty in mak- ing turns. It was suggested it be turned over to the Engineering Department for further study, feasibility and cost, and placed on the March agenda. Chief Cagle also recommended stop signs be installed at Granger on the east and west sides of 20th Street; also at 22nd Street and Roosevelt Avenue; also recommended a stop sign be installed on Sanitarium south of 4th Street where it approaches over the hill. Moved by Allen, we accept the recommendations of the Traffic Safety Committee in its entirety in regard to the other recommendations they made. VICE MAYOR HART stated he did not understand the report rela- tive to the stop sign on Sanitarium. CITY MANAGLR BIRD stated he thought there was a typographical error in the report. Motion died for lack of a second. Moved by Hart, it be held over until we find out how they really want the stop sign. Motion died for lack of a secs. ond. Moved by Alien, seconded by Morgan, with the exception of the last item the recommendations of the Traffic Safety Committee be approved, and the last item be referred back to them for correction. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Hollingsworth. Nays: Reid. 2/21/61 312 NOTICE FROM U. S. ARMY ENGINEERS was presented relative to the appli- cation by the City of San Diego for a permit to install one 114-inch- diameter reinforced concrete pipe outfall sewer, to extend into the Pacific Ocean to a seaward terminus in a water depth of more than 200 feet, at a location approximately 13,000 feet west of Point Loma. CITY MANAGER BIRD recommended the notice be received and placed on file. Moved by Hart, seconded by Morgan, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we have five notices of filing assessment and of hearing; 28th Street Between National Avenue and "B" Avenue and "B" Avenue Between 27th Street and 28th Street. Mr. Bird said this is for City owned property. Assessment No. 1, S1,621.72; Assessment No. 2, $1,612.76; Assessment No. 20, $682.88; Assessment No. 21, $1,035.07; Assessment No. 22, $1,612.76; and Assessment No. 23, $1,621.71. It was the Manager's recommendation the proper officials be authorized to pay these assessments prior to going to bond. Moved by Allen, sec- onded by Hart, the recommendation of the City Manager in regard to paying the assessments prior to going to bond, by the City officials empowered to so do, be approved. Carried, by the following vote to - wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. REPORT OP CITY TREASURER for period ending January 31, 1961, was pre- sented and it was the Manager's recommendation it be received and placed on file. Moved by Hart, seconded by Morgan, the report of the City Treasurer be received and placed on file. Carried, all the Coun- cil present voting aye. COMMUNICATION FROM DIVISION OF HIGHWAYS was presented. City Manager Bird stated the communication is in two parts; we have been notified previously the Division of Highways was going to change their proce- dures whereby they wished the cities to enter into a master agreement and then they would submit the individual agreements under the master agreement. The master agreement which is proposed, Mr. Bird said he would like to recommend, be referred to the City Attorney for a report on the contract. Moved by Bart, seconded by Morgan, the recommendation of the City Manager the agreement be referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM THE HARBOR CONMITTL; was read, stating Mr. Williams was informed he would be required to clear his type of operation with the City Planning Commission. The Committee feels, due to the amount of dredging that would necessarily have to be accomplished, and the amount of money to be expended, they would look favorably on a temporary lease of approximately 90 days. A bond to require the clean up of the area 2/21/61 313 at the end of the lease would be required. Mr. Parker of the Parker Truck Company was present, and Mr. Allen explained the status and general conditions of the proposed Parker lease. A motion was made and passed by the Committee the City Manager make recommendations on the marker lease at the Council meeting of February 21st. The Commit- tee recommended the City Manager and City Attorney be authorized to make an investigation and report to the Council as to the feasibility of advertising, leasing and possible transactions by realtors of all the City owned property in the Bahia Vista Industrial Park. Moved by Allen., seconded by Hart, we accept the recommendations of the Harbor Committee. Carried, all the Council present voting aye. CITY MANAGER BIRD stated on January 24th a motion was made which authorized the City .attorney and City Manager to negotiate with Parker Truck Company; also for the City Manager to inquire of Sullivan Lumber Company as to the reel. quishment of t elease. The motion also set forth the lease with Pa er 4as t'ido"the same basis as the Pepper lease only one cent lower per square foot in each instance; therefore, there was no necessity for negotiation because the facts had already been set forth by the Committee. RE.eORT FROM ADMINISTRATIVE ASSISTANT OSBURN was read, stating under the present lease Parcel 4 B will accrue to the City in the next 25 years the following amount. The income is projected at the highest terms possible under the existing and proposed leases. The existing lease will return to the City in the 25 year period, $143,331.49; the proposed i'arker lease will return to the City in the same time $198,892,85, or in other words the prospective Parker lease would produce $55,561.36 additional revenue to the City during the terms of that lease. CITY MANAGER BIRD stated from an economical stand- point he had no alternative than to recommend to the City Council they consider the Parker lease. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Hart, Morgan, Reid. Nays: Hollingsworth. COMMUNICATION ADDRESSED TO MAYOR HOLLINGSWORTH FROM MAYOR DAIL, CITY OF SAN DIEGO, was read, stating in order to establish the Advisory Board as provided under Section 17 of the Sewage Disposal Agreement, and to fulfill this responsibility of the City, he has named City Councilman Justin C. Evenson as a member from the City. The first meeting is scheduled for Tuesday, February 14, 1961, at noon, in the San Diego Club. It is requested the City of National City name their representative and direct him to be present at the meeting so the organization of the board can be accomplished and such other matters appropriate to the meeting can be discussed. MAYOR HOLLINGSWORTH 2/21/61 314 stated she received the letter last Friday or Saturday so she called Admiwistrative Assistant Osburn and asked him to represent the City. Mrs. Hollingsworth stated she understands from the report Mr. Osburn gave her following this committee meeting, they intend to charter some buses and ask all the Councilmen and staff people to take a tour of the complete deal. CITY MANAGER BIRD stated we have had a problem presented and that is the question of responsibility of elderly people and others who are picked up on an emergency by the Police Department and delivered to the iaradise Valley Sanitarium. The problem was discussed several weeks ago by Chief Cagle and himself, and Chief Cagle subsequently had a meeting with the Paradise Valley authorities. The result is we have directed a letter to the City Attorney asking various questions, and asked the City Attorney be authorized to give us the opinion on the questions herein contained. It has to do with the City's responsibility. The Sanitarium has been at a loss of S400 to 6500 a month and their attorneys contend it possibly could be a liability against the City. Moved by Morgan, seconded by Allen_, we approve the recommendation of the City Manager and have the City Attorney give us a legal opinion. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the minutes of the South Bay Irrigation District and recommended they be received and placed on file. Moved by Hart, seconded by Reid, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUThORITY addressed to City Clerk Alston was read, stating they are enclosing a certified copy of the Authority's Statement of Change of Boundaries for the year 1960, and thanked her for the promptness in forwarding copies of all changes occurring within your City throughout the year. It is this thoughtful- ness that permits us to keep our records up to date, in anticipation of the preparation of our annual certificate. CITY MANAGER BIRD recommended the communication, along with the Boundary changes be received by the City Clerk and placed on file. Moved by Reid, seconded by Morgan, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION addressed to City Planner Stockman was read, stating the Boundary Commission at their regular meeting on February 14th, approved, as definite and certain, the boun- dary description of the proposed annexation to the City of National City of territory known as Eighth Street Annexation. 2/21/61 315 CITY MANAGER BIRD stated he has a copy of a resolution from the City of E1 Cajon which is a resolution objecting to Assembly Bill No. 127. Moved by Allen, seconded by Reid, the resolution be filed. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he is in receipt of a complete Legislative Digest as of January 27th from the berate; there are a total of 627 Bills as of February 10, 1961; also in receipt of the Legislative Digest including February 10th of the Assembly Bills which have been presented, which totals 1520, a number of the bills effect cities. The State League Bulletin brings our attention to AB 354; this bill would add a section to the Labor Code to authorize cities to make an annual publication of the schedule of prevailing wage rates required to be paid under city public works contracts. The Labor Code presently requires the schedule of prevailing wages paid on city public works contracts be published as a part of each notice inviting bids. These schedules of prevailing wage rates are quite lengthy and result in substantial publication costs under the present law. Because the pre- vailing wage rates change infrequently, the present publication require- ment results in repetitious publications of the same schedule of wages. This needless expense results in no useful notice to either bidders or the public in general. There will be strong newspaper opposition to this measure. Favorable action will depend entirely on even stronger municipal support. CITY MANAGER BIRD stated this is a bill which has been up three different times before the Legislature. MAYOR HOLLINGS- WORTH stated she would recommend the City Manager write to the Chair- man of this Committee giving our support. We only have one Assembly- man from this District and he should also be notified. Moved by Morgan, seconded by Reid, a telegram be sent to Chairman Elliott and to Assemblyman Mills, supporting AB 354, and a cony be sent to all the Assemblymen in San Diego. Carried, all the Council present voting aye. CITY MAPTAG k BIRD stated AB 485 and 486 has been set for hearing on February 23rd by the Assembly Committee on Municipal and County Govern- ment. These bills amend the Improvement Act of 1911 and the Street Improvement Act of 1913, respectively, to authorize the cost of relo- cating or altering any public utility facilities as an incidental expense to be included in the costs payable by property owners in an improvement district as a part of their costs of improvement. The effect of these bills will be to transfer the costs now payable by privately -owned public utilities which now have the legal duty to relo- cate at their own expense, to the expense of the property cr-ner. Moved by Morgan, seconded by Hart, we oppose the bill, and a telegram be sent to the Chairman, Mr. Bradley, and to Assemblyman Hegland, with copies to our other delegation. Carried, all the Council present voting aye. 2/21/61 316 CITY MANAGER BIRD stated there are a number of bills which have not yet been set for hearing which do effect cities. The time will be short, and we will attempt to go through this digest as rapidly as possible to see how they effect the cities. CITY MANAGER BIRD reported there is a Legislative Bulletin that has been received in relation to an in lieu tax, and a copy of a proposed bill in its entirety has been sent. This has to do with the bill which followed the SCR 62 which will increase the in lieu tax from two to three percent and to apportion these new monies to cities and coun- ties on the criteria which has been established in a previous bill by Collier's Committee. MAYOR HOLLINGSWORTH stated Mrs. Richards, who is in the audience, asked about the bill several weeks :.go; and in the newspaper it indicated Mr. Bird favored it; however, he was only giving it to the State Highways Committee of the Chamber of Commerce. Mrs. Hollingsworth stated she attended a Mayors' meeting last week and there are some pros and cons, they did not seem to think her answer of 'setting a definite date when it would be repealed would mean anything. How- ever, there was something said at the meeting which, Mayor Hollings- worth said, concerns her a great deal; in the group that met together in San Diego, the County Road Commissioner stated in case this bill did not go through, and nothing is put on the gas tax, such as adding another cent, eventually the County of San Diego would possible have to raise the property tax to forty cents a hundred dollars assessed additional valuation to what they now have in order to correct the deficiencies of the streets in the County. Mrs. Hollingsworth stated she alerted the Secretary of the Chamber of Commerce, and they are having David Spear, County Road Commissioner, at a meeting on Thursday of this week, and are going to hear from him about the statement. Mrs. Hollingsworth said she did not know when the bill is coming up for hearing, but everybody should consider very carefully as to which is the better way. No one wants any more taxes, but the street deficien- cies are such in the State of California there is going to have to be an increase on property tax, it would be better to spread it over everybody like they do on sales tax. CITY MANAGER BIRD stated it is necessary to have a Finance Committee meeting. MAYOR HOLLINGSWORTH, Chairman of the Finance Committee, ached the members to meet on Friday, February 24th at 10130 a.m. in the City Manager's office. COUNCILMAN ALIEN asked that the City Council be informed of the status of the Mueller lease and when the time limit is up, and what is happen- ing to the Mueller situation. If Mueller is not going to be able to do something with the property, we have other people interested who would definitely like to have it; and a report be made on same. 2/21/61 317 COUNCILMAN ALLLEN stated on the strength of the letter from the State Lands Commission, will it not be necessary for the Harbor Committee to meet and make some type of arrangements to have an ordinance prepared that would permit this particular situation if we are going to us it; would it not tie in with the information which is to be released before 5:00 p.m. MAYOR HOLLINGSWORTH stated she thought we had ample time when, and if, National Steel Shipbuilding Company let us know whether or not they have the contract. COUNCILMAN ALLa stated this should be in order if anything comes from the Stone situation. CITY MANAGER BIRD stated the City Attorney has a copy of the letter from the State Lands Commission; he has presented to the Council the question of policy. In the decision of ordering the City Manager to orally communicate with Sullivan in the immediate matter before 5:00 p.m. you stated firmly your policies. This was a special condition, and you wish to continue on the policy which has been established. If the policy which has been established is to be continued then there is no necessity of an ordi- nance which has been mentioned by Chairman Allen of the Harbor Commit- tee. If the policy is going to be changed, then there will of neces- sity have to be an ordinance prepared to take care of the situation; either in the individual leases as they arrive, or as an over-all situation. MAYOR HOLLIK WORTH stated she believed other members of the Council felt, as she did, it is not a change in policy; each time we had anything come up like this it would be considered individually, and would not be an over-all ordinance. CITY CLERK ALSTON reported Richard Donovan, Attorney for the former employee, Warren Yancey, who lost_;be cheek in question, telephoned her this morning and statedhe finally received the letter containing the check which was postmarked January 4th. Mrs. Alston recommended it would be in order for the Council to rescind their referral of the matter to the City Attorney. Moved by Hart, seconded by Reid, the matter be eliminated, it not be referred to the Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she has the Message to the California Leg- islature by Governor Brown, which will be on file in her office. It was sent by compliments of Senator Hugo Fisher. CITY CLERK ALSTON reported she received the Annual Report for 1960 from the San Diego County Water Authority, which will be on file in her office. CITY MANAG.,R BIRD stated he spent an hour yesterday with Housing Direc- tor Gautereaux, and if his progreess continues, he will probably be back on the job in two to three vweeks. 2/21/61 318 REPORT FROM THE PLANNING COMMISSION was read, recommending the property on "D" Avenue between 13th and 14th Streets be set aside for off street parking in conjunction with Kimball Park until such time as the new location for the City Hall has been determined, and due consideration be given to the entire area, 13th to 15th Street, to be used for a Civic Center. Moved by Reid, seconded by Morgan, the report be filed. Carried, by the following vote to -wits Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Zone Change No. C-1 signed by Doo Yen and Marjorie Ong relative to the property at 1104 Palm Avenue. Petitioners are requesting a zone change from an R-4, Multiple Residence Zone to a 0-2, Limited Commer- cial Zone. The Commission recommended the Zone Change be granted sub- ject to the property owners entering into a Declaration of Restrictions with the City. It was also recommended the Council not take final action on this Application for Zone Change until the property owners have executed the Declaration of Restrictions. Moved by Allen, sec- onded by Morgan, this be set for a public hearing on March 14th. Car- ried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, relative to grant deed received signed by Edith and Ralph Mitchell relative to a portion of the northerly half of 17th Street from Lanoitan to Rachael Avenue. The Commission recommended acceptance of the deed and ten foot ease- ment. Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission be approved and referred to the Attorney. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending approval of the final map of Grove Terrace Subdivision. Moved by Hart, seconded by Allen, the recommendation of the Planning Commission be approved, and referred to the City Attorney for a resolution. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated with reference to the Eighth Street Annexation, the matter was presented to the Planning Commission at their regular meeting of January 24th and approval was recommended. It is, therefore, the recommendation of the City klanner the Boundary Commission report be approved and referred to the City Attorney for the necessary resolution. Moved b5 Allen, seconded by Reid, the recommendation of the City PlanneI in regard to the Eighth Street Annexation, and referring to the City Attorney for the necessary legal matters, be approved. Carried, all the Council present voting aye. 2/21/61 319 Moved by Moagan, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:28 p.m. MAYOR, CITY OF NATION CITY, CALIPOR] IL ATTLBT: STY CLERIC 2/21/61