HomeMy WebLinkAbout1961 03-07 CC MIN332
National City, Califcr nia, March 7, 1961
Regular meeting of the City Counofl was called to order by Mayor
Hollingsworth at 3s30 p.m, o'clock. Council members presents Allen,
Hart, Morgan, Reid, Hollingsworth;. Council members absent; None.
ADMINISTRATIVE OFFICIALS presents. Alston, Bird, Curran, Kerr, Osburn,
Roberts, Stockman.
The meeting was opened with pledge of allegiance to the Flag by City
Manager Bird, followed with invocation by Elder Robertson of the
Seventh-Day Adventist Church of Paradise Valley.
Moved by Reid, seconded by Morgan, the minutes of the regular meeting
of February 28, 1961, be approved. COUNCILMAN ALLEN reported the
minutes stated a report made by the City Manager, the Park and Recrea-
tion Advisory Board recommended we close the top story of the Casa de
Salud; the recommendation was by the Supt. of Parks and Recreation,
not by the Park and Recreation Advisory Board, and with that change
he would vote "yes" for approval of the minutes. Carried, all the
Council present voting aye.
RESOLUTION NO. 7879 was read, accepting grant deed and easement from
Clarence E. and ?lora L. Wiloken, and Walter H. and Helen M. Adams.
Moved by Allen, seconded by Reid, the Resolution be adopted. Carried,
all the Council present voting aye.
RESOLUTION NO. 7880 was read, "RESOLUTION AUTHORIZING MAYOR TO SIGN
AGREEMENT FOR SALE OF SIXTY-SIX BUILDINGS ON THE OLIVEWOOD HOUSING
UNITS." Moved by Hart, seconded by Morgan, the resolution be adopted.
Carried, all the Council present voting aye.
RESOLUTION NO. 7881 was read, accepting tax deed from Wilbur W. Easton
as Tax Collector of the County of San Diego, dated February 24, 1961.
Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried,
all the Council present voting aye.
ATTORNEY CURRAN stated at the last meeting we had the first reading on
an ordinance approving the annexation to the City of National City of
"Sweetwater Heights Annexation."`" There was a question posed as to the
authority of the City Council to delete "not to exceed five percent of
the total territory included in this annexation." The law provides the
City Council does have that authority, but the authority would be exer-
cised prior to the time the election is called by the City Council in
the area, the election in this case, pursuant to Ordinance has been
held. Therefore, the five percent deletion clause would not apply to
the Sweetwater Heights at the, present time. Upon motion of Allen,
seconded by Hart, reading of the Ordinance was waived. The motion was
adopted by sous vote.
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ORDINANCE NO. 990, "AN ORDINANCE APPROVING THE ANNEXATION TO THE CITY
OF NATIONAL CITY OF CERTAIN INHABITED TERRITORY DESIGNATED AS "SWEET -
WATER HEIGHTS."" 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.
ATTORNEY CURRAN reported Zenith National Insurance Company has issued
a Certificate of Insurance Blowing Macey L. McMillin has a valid 'Work-
men's Compensation policy in full force and effect, and recommended
the Certificate be filed. Moved by Reid, seconded by Hart, the Certi-
ficate of Insurance be filed, as recommended by the City Attorney.
Carried, all the Council present voting aye.
ATTORNEY CURRAN stated with reference to the Division of Highways Mas-
ter Agreement to supersede the existing agreement which is executed
on a year to year basis, he has perused the new proposed Master Agree-
ment, it appears to be proper in form; therefore, in order to complete
the execution of the budget he recommended he be authorized to prepare
for the next meeting a resolution authorizing the execution of the
Master Agreement and also a resolution which will set out the proposed
budget to be submitted to the Division of Highways for the next fiscal
year. Moved by Hart, seconded by Reid, the recommendation of the City
Attorney relative to the preparation of resolutions be approved. Car-
ried, all the Council present voting aye.
HCX,ARD PHILLIPSON, 2621 Sweetwater Road, was present, and stated he is
opening a miniature bowling establishment in National City and was
advised by the License Clerk to bring the matter before the Council to
determine what their category in relation to a business license will
be. The machines will be put in as a group, not individually. CITY
TREASURER KERR •asked will it be considered a bowling alley or a coin
operated machine. CITY PLANNER STOCKMAN stated as far as the location
is concerned there is no problem relative to zoning. Moved by Hart,
seconded by Reid, the matter be referred to the City Attorney for a
recommendation as to what category it comes under. Carried, all the
Council present voting aye.
HRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and read a com-
munication relative to the proposed increase in auto license fees, in
order to build major streets; however, the property owner would have
the burden of improving their own streets and also pay for the free-
ways and other major streets in our City.
COUNCILMAN ALLEN stated on March 4th, Councilman Reid and himself
attended the meeting with the Board of Supervisors in regard to Civil
Defense, and it was the consensus of the representatives from various
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cities they would like to have a resolution passed by April lst and
the resolution would be based on the fact eight cities, of which one
must be San Diego, be in agreement) to sign the contract.
HDARING ON TEFFTT-SEDLACK ANNEXATION was held at this time, CITY CLERK
ALSTON reported she received no written protests, and no one was pres-
ent in this regard. Moved by Hart, seconded by Allen, the hearing be
closed, and referred to the City Attorney. Carried, all the Council
present voting aye.
COUNCILMAN ALLEN stated with reference to Civil Defense, we were asked
to adopt a resolution which would state we were interested in complying
with the contract. Moved by Allen, a resolution be prepared and it
would state we would go along with this contract approved by the City
Attorney, provided eight cities, including the City of San Diego,
accepts it in San Diego County. Motion died for lack of a second.
Moved by Hart, seconded by Reid, it be referred to the City Attorney
and the Finance Committee. Carried, all the Council present voting aye.
COUNCILMAN ALLEN stated he has received about four calls in regard to
the Southerly sign which says: "the City limits of National City" and
it appears to be 40 feet South, and it has been requested it be moved
and placed where it belongs. At 29th and National Avenue a light pole
was hit by a car on Saturday night, and the light is still out. Mr.
Allen stated last Saturday in the 1900 Block on E. 8th Street, on the
South side of the street water was standing quite deep and was very
muddy, and on the North side of the Street the water was clear and not
so deep so he drove around and found out the new cut on Paradise Drive,
the Westerly cut, mud and water was running into Paradise Drive and
then into 8th Street.
BILLS AUDITED BY THE FINANCE O0 MITT E presented:
General Fund $ 17,682.15
Traffic Safety Fund 1,516.37
Park Fund 280,76
Harbor Fund 1,633.69
Trust & Agency Fund 25.00
Drainage Fund 2,537.20
Payroll 52,942.13
TOTAL $ 76,617.30
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 NO. 7882 was read, authorizing the payment of 61,439.50 to
L. L. BUTTERFIELD, INC. for final payment for Coolidge Avenue Sewer
South of 24th Street; $960.00 to JOHNSON ANDERSON, ARCHI'T'ECTS, payment
on completion of prelimiraries for El Toyon Community Bldg., from the
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Capital Outlay Fund. Moved by Hart, seconded by Morgan, the Resolution
be adopted. Carried, all the Council present voting aye.
H;,TJST OF NATIONAL PEEIGHT TERMINALS was presented. CITY MANAGER BIRD
stated it was a letter signed by Arno Mueller, President, relative to
"Parcel 12A Tentative Tidelands Parcel on Drawing No. 269B wherein Mr.
Mueller sets forth his desire; actually his request was to the effect
the City approve in principle an assignment of the Corporation's lease
to the proposed lender for security purposes only. The assignment to
be the Palomar Mortgage Company. Mr. Bird stated he believes it is a
matter of Council policy, whether or not they wish to so do. Moved by
Allen, seconded by Morgan, the request of National Freight Terminals
in regard to the assignment be approved. Carried, all the Council
present voting aye. MR. IL1ULTJ R and his Attorney, Mr. Crabtree, were
present and thanked the Council for the action taken.
CITY MANAGER BIRD reported the request of Mr. Alsdorf in regard to tum-
bleweeds in Kimball Park is being taken care of. The Park Maintenance
Division are removing all of the tumbleweeds from the Park.
CITY MANAGES BIRD stated in regard to the request of Martha Clark rela-
tive to trash cans, he received a report from the Sanitation Division
setting forth the locations of the trash cans along National Avenue.
It was found there are litter cans placed about every two blocks along
National Avenue and it seems to be an effective placement program.
COMMUNICATION FROM PRESIDENT JOHI F. KEU DY was read, urging the City
to make every effort to accelerate essential building and expenditure
programs that will help reinvigorate our economy.
CITY MANAGER BIRD reported he has the plans for the sewer extension on
"D" Avenue, and recommended the plans and specifications be approved
and the City Clerk be authorized to advertise for bids upon adequate
copies of plans being prepared by the City Engineer's Office. Moved
by Hart, seconded by Morgan, the recommendation of the City Manager be
accepted in regard to approving the plans and specifications for the
sewer extension on "D" Avenue, and the City Clerk be authorized to
advertise for bids. Carried, all the Council present voting aye.
APPLICATION FOR EXCAVATION PERMIT of South Bay Plaza Syndicate, was
presented. CITY MANAGER BIRD stated it is for excavation work to be
made on property which will be "L" Avenue West and South of what would
be Plaza Blvd., extending into "L" Avenue. Moved by Hart, seconded by
Reid, the excavation permit be approved, and a $5,000.00 bond be pre-
sented to the City in accordance with our Ordinance. Carried, all the
Council present voting aye.
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336
CITY MANAGER BIRD asked Council consideration for the City Engineer
be authorized to immediately prepare plans for the paving of Plaza
Blvd. from Palm Avenue, including the intersection at Palm Avenue, and
West to the present Easterly line of Plaza Blvd. as paved just due last
of "L" Avenue; also the City Clerk be authorized to advertise for bids
and the bids when received will be held until the abutting property
owners, which are two, place in Trust and Agency, with the City rTreas-
ruer, the proportionate snare Which will then be able to be figured,
the amount of money they will have to put up before the contract is
awarded. Moved by Morgan., seconded by Hart, the recommendation of the
City Manager relative to Plaza Blvd., that the City Engineer prepare
plans and the City Clerk advertise for bids, be approved. Carried,
all the Council present voting aye.
CITY MANAGER BIRD stated in reference to cor fissions to realtors, for
selling or leasing of City property, which was referred to the City
Attorney and the City Manager; it is the opinion of the City Manager
this is a policy matter. The City Council will have to state and
declare you are or are not going to pay a commission; if you are going
to pay a commission a criteria can be established by the City Attorney
and the City Manager for the Council's approval as to the fees which
will be paid. If a commission is not to be paid, then the matter is
one which will have to be approached from some other angle. Moved by
Hart, seconded by Morgan, the matter be referred to the Finance Com-
mittee. MAYOR HOLLINGSWORTH asked Councilman Allen to find out about
what the going prices are, etc. so we have the information available
before the meeting of the Finance Committee. Carried, all the Council
present voting aye.
CITY MANAGER BIRD stated going on the assumption, as evidenced by the
Finance Committee at one of its previous meetings, the acreage on the
West side of National Avenue would not be sold and have shown various
interested clients, in parcels from 2* to 4 acres. We have three bona
fide offers at the present time, which were withdrawn when a question
was asked by these people for their clients. The clients names were
not given. These real estate men have clients who are desirous of
having certain parcels of the land; and they were told it was not for
sale, but for lease. The offers can be revived if in the Finance Com-
mittee meeting the policy is determined as to whether or not you are
going to pay on a certain criteria. Mr. Bird said he thought it is
imperative action of this type be taken; also there should be a:defin-
ite police at the Finance Committee meeting, subsequently approved by
Council. Moved by Hart, seconded by Morgan, this matter be referred
to the Finance Committee. Carried, all the Council present voting aye.
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CITY MANAGER BIRD said he would like to recommend for the Council's
consideration the Housing Department be authorized to call for bids
for the sale of the nine units laying between 22nd & 24th Streets on
the East side of National avenue; they are single story duplexes and
are vacant, Moved by Morgan, seconded by Reid, the Housing Department
be authorized to advertise the nine units between 22nd and 24th and
?:rational and "A" Avenue, for sale, Carried, all the Council present
voting aye.
CITY MANAGER BIRD reported we have 239 units of the two story buildings
in the Housing. At the present time 88 of them are vacant; there are
also 12 vacancies in the duplex units. Mr. Bird said he thought it
was time to consider the removal of a portion of these two story units
in the same method we are doing. We are also going to have to review
the upkeep and pay load which we are now under. There are 17 employees
in the Housing Division and a large percentage of the employees were
necessary beeause of the operation of the units on the West side of
National Avenue; which means we are going to have to cut down a percen-
tage of employees, and at the same time we are going to have to take a
look at the other departments which are replacing help and asking for
additional help to ascertain whether we have an availability for the
present Housing employees be transferred to other departments. We
will have to determine what is their seniority rights, which has not
as yet been established; and also looking at the Civil Service Rules
and Regulations in regard to maintaining lists, In other words, these
employees since 1954, which the Council saw fit to place under Civil
Service, have certain rights and they should be able to be transferred,
where we have room for them, because their seniority extends to Septem-
ber, 1954; and also we must consider how much notice of termination we
are going to have to give these people. Moved by Morgan, seconded by
Reid, we refer this whole package to the Finance Committee. Carried,
all the Council present voting eye.
MAYOR HOLLINGSWORTH, Chairman o:r the Finance Committee, requested the
Committee meet tomorrow at 1:30 p.m. in the City Manager's Office.
COMMUNICATION FROM STONE & YOUN'GBERG, dated January 24, 1961, addressed
to City Engineer Roberts, was read, relative to National City Assess-
ment Proceedings, Hoover Avenue from 13th Street to 18th Street. It
is requested a check in the amount of $13,633.15 representing the cash
allocation be sent to them. CITY MANAGER BIRD stated the City has not
sent this cheek; we owe V. R. Dennis, via Stone & Youngberg this amount
of money. The assessment roll :has been sent and the City should take
the appropriate action authorizing the proper officials to draw a war-
rant in favor of Stone & Youngboerg for the $13,633.15. Moved by Allen,
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seconded by Reid, the recommendation of the City Manager in regard to
_paying our bill for the improvement of Hoover Avenue be approved, and
the 3:ecessary officials be authorized to draw the warrant, Carried,
by the following vote to -wit: Ayee: Allen, Hart, Morgan, Reid,
Hollingsworth. Nays: None.
REQUEST OF W. F. O'QUINN for refund of $25.00 which was deposited in
lieu of bond for sidewalk installation. It was inspected and approved
by the Engineering Department, and is the recommendation of the City
Manager for the proper officials be authorized to draw a warrant for
$25.00 on the Trust & Agency Fund in favor of W. F. O'Quinn, Moved by
Alien, seconded by Morgan, the recommendation of the City Manager in
regard to refunding the $25.00 to Mr, O'Quinn be approved. Carried,
by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid,
Hollingsworth. Nays: None,
CITY MANAGER BIRD presented the minutes of the regular meeting of the
Board of Directors of San Diego County Water Authority of February 9,
1961; also notice from the County Water Authority of the meeting of
the Water Problems Committee on March 9th. It was the Manager's
recommendation the documents be received and placed on file. Moved by
Hart, seconded by Reid, the recommendation of the City Manager be
approved. Carried, all the Council present voting aye.
COMMUNICATION FROM SHERIDAN HEGLAND addressed to City Clerk Alston was
read, thanking her for alerting him to AB 485 and AB 486, These bills
were amended to the satisfaction of the League of Cities. If still in
opposition, please telephone or telegraph. CITY MANAGER BIRD stated
AB 485 and AB 486 had to do with incidental expenses wherein public
utilities would become a part of the incidental expenses on any 1911
improvement district act. These bills have been amended by the author.
It was the recommendation of the City Manager it be referred to the
City Attorney for an interpretation of the amendment. Moved by Reid,
seconded by Morgan, the recommendation of the City Manager be approved.
Carried, all the Council present voting aye.
COMMUNICATION FROM SECURITY TITLE INSURANCE COMPANY was read stating
the City of National City owns an easement for access purposes over
the East 30 feet of a row of lets in National Award Homes Unit No. 1.
The easement was originally reserved by the City by a deed to National
City Development Company recorded March 30, 1959, and was to provide
access to a well site adjacent to the subdivision. It is their under-
standing the easement is no longer needed by the City as the well site
can now be reached on Clairmont Avenue, a street dedicated to public
use. It is the request of National City Development Company action be
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taken to eliminate from the property the burden of this unused ease-
ment. The action will in no way affect the 10 foot utility easement
adjacent to the boundary of the subdivision as dedicated to public use.
CITY MANAGER BIRD recommended the request be referred to the City Attor-
ney and the City Engineer to check the legal description. Moved by
Hart, seconded by Morgan, the recommendation of the City Manager be
approved. COUNCILMAN ATJ N stated it is his understanding a charge of
$5.00 is necessary to make it a legal transaction, and requested this
information be reported on by the City Attorney. Carried, all the
Council present voting aye.
APrLICATION FOR TRANSFER OF OFF SALT; BEER & WINE BEVERAGE LICENSL by
Royal N. and Eliner M. Johnson, Speedee Mart #19, 1540 E. 8th Street,
was presented. RLjORT FROM CHIEF POLICE CAGLE stated investigation
reveals no grounds for protest of the application. Moved by Allen,
seconded by Reid, the application be filed. Carried, all the Council
present voting aye.
COMMUNICATION FROM DIVISION OF HIGHWAYS was read, relative to service
contracts for the resetting of certain survey points in the City of
National City. The proposed contracts have been reviewed from a legal
standpoint and are again forwarding them with an attachment, which it
is believed will answer Mr. Curran's objections to the type of contract.
If the contracts prove satisfactory it is requested they be returned
for processing. No work should be undertaken until an approved copy
is received. CITY MANAGR BIRD recommended the contract be referred
to the City Attorney. Moved by Allen, seconded by Reid, the contract
from the Division of Highways be referred to the City Attorney. Car-
ried, all the Council present voting aye.
CITY MANAGER BIRD stated there are a number of Bills which have come
through from Legislative Department of the League of California Cities;
one requires immediate action be taken, SB 208 which would repeal all
of the statutory requirements for the filing of a claim with the
employee or the employing public agency when suit is brought against
a public employee. It is requested if you are in accord with the
League recommendation a prompt notice against SB 208 would of neces-
sity be required. Moved by Alien, seconded by Reid, the City go on
record, and the City Clerk be authorized to take whatever action is
necessary, whether by telegram or letter, to get the opposition to the
Bill to our representatives prior to coming on the floor. Carried,
all the Council present voting aye.
CITY MANAGER BIRD stated AB 427 would amend the Fair Employment Prac-
tices Act to add a prohibition against discriminating against qualified
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persons solely on the ground they are older than the limit prescribed
by the employer. Since the Government Code presently prohibits cities
with civil service or merit systems from discriminating against pro:p-
pective employees on the basis of age, but excepts the police and fire
services, the effect of this bill will be to prohibit cities from
establishing maximum age limits for policemen or firemen. Moved by
Allen, seconded by Reid, the City go on record, and the City Clerk be
authorized to take whatever action necessary, whether by telegram or
letter, to get the opposition to this Bill to our representatives prior
to coming on the floor. Carried, all the Council present voting aye.
CITY MANAGER BIRD stated there are other important Bills which are
coming up for hearing; AB 1214 has to do with City initiation of
inhabited annexations. AB 143 which is weed and rubbish burning - City
fire liability; which would add a section to the Government Code pro-
viding that a "local agency" (which would include cities) which author-
izes its employees to burn weeds and rubbish on vacant land shall be
liable for damage to other property caused by negligence of its
employees in burning the weeds and rubbish. AB 1640 could, or could
not, have something to do ultimately with the City of National City;
it has to do with succession to County parks upon incorporation. This
Bill proposes all property owned or held in trust by a county for park,
amusement or recreational purposes, and which is included within a city
by annexation or incorporation shall remain under ownership and control
of the county unless the board of supervisors shall convey it to the
city. The Bill will be heard March 21st. Mr. Bird stated he is think-
ing of the annexation which is proposed at the present time, the Lin-
coln Acres Fire Department Station is on county park land. COUNCILMAN
ALL'N said he did not think we would have any problem with Lincoln
Acres. CITY MANAGER BIRD stated in looking at it as a local problem
rather than a state wide problem, our relationship with the Board of
Supervisors and all of our neighboring cities has been on the highest
level, and he has no doubt but their integrity would be to remain that
way.
CITY MANAGER BIRD stated the highly controversial AB 127 will be amended
by agreement of the author to meet the objections voiced at the Commit-
tee hearing by the League and supported by other interested representa-
tives of local government. The precise nature of these amendments will
be described in a later bulletin after the bill has been amended.
AB 127 is the Bill wherein any litigation, etc. against the city which
might litigate against City interests under the proposed AB 127 would
be open to the public.
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CITY CLERK ALSTON presented the Affidavit of Posting Notice of Filing
Assessment on 28th Street; also Affidavit of Mailing Notice of Hearing
on the Assessment, and Affidavit of Posting of Resolution 7860 on
Tefft-Sedlack Annexation. Moved by Allen, seconded by Reid, the Affi-
davits be filed. Carried, all the Council present voting aye.
CITY CLERK ALSTON presented the Affidavit of Publication of Resolution
7869 on Ramm's Subdivision. Moved by Hart, seconded by Reid, the Affi-
davit be filed. Carried, all the Council present voting aye.
COMMUNICATION FROM SENATOR FISHER addressed to City Clerk Alston was
read, acknowledging her letter of February 17th with recommendations
of the City Council in regard to Senate Bill No. 203. Moved by Morgan,
seconded by Hart, the letter be filed. Carried, all the Council pres-
ent voting aye.
MAYOR HOLLINGSWORTH stated she would like to refer back to the letter
from President Kennedy; she had occasion to write to the President
about another matter and it seems very unusual she put in at the bot-
tom of her letter National City was speeding up all contracts for
drainage, street improvements, building one recreation building and
improving another one, and building a fire station, and doing it with
our own resources in order to relieve the unemployment in this area.
Moved by Morgan, seconded by Hart, the meeting be closed. Carried,
all the Council present voting aye. Meeting closed at 3:18 p.m.
ATTEST:
CITY CLERK
MAYOR, CI ' TP.NAL
, CJLLIF01LNIA
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