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HomeMy WebLinkAbout1960 08-23 CC MIN61 National City, California, August 23, 1960 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 a1iegian3e to the Flag, followed with invocation by Rev. Rossell of St. Anthony's Church. Moved by Morgan, seconded by Reid, the minutes of the regular meeting of August 16, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION N0. 7799 was read, accepting a grant deed from James P. and Mary G. Jenkins. Moved by Hart, seconded by Morgan, the Resolu- tion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7800 was read, "RESOLUTION AUTHORIZING EMPLOYMENT OF SPECIAL BOND COUNSEL." Moved by Allen, seconded by Reid, the Resolu- tion be adopted. Carried, all the Council present voting aye. ORDINANCE NO. , an ordinance determining amount of revenue neces- sary from property taxes, was presented for the second and final reading. Upon motion of Alien, seconded by Hart, the reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 974, "ORDINANCE DETERMINING AMOUNT OP REVENUE NECESSARY FROM PROPERTY TAXES FOR SUPPORT OF ITS DEPARTMENTS AND TO PAY BONDED INDEBTEDNESS OF CITY OF NATIONAL CITY, CALIFORNIA, FOR FISCAL YEAR 1960-61." 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. CITY ATTORNEY CURRAN stated we have an ordinance to be adopted which authorized the assignment and execution of a lease to the Sullivan Hardwood Lumber Company. The records of the City Council indicate the authorization by the Harbor Committee and by the City Council in this matter as being the Western Lumber Company; however, the record will show the Sullivan Hardwood Lumber Company is the controlling company for Western, and the existing leases are with Sullivan, it is one and the same transaction. ORDINANC?E NO. 975, "AN ORDINANCE AUTHORIZING THE ASSIGNMENT AND EXECU- TION (}"F A LEASE FOR PARCELS NO. 4-B, 6-A and 6-B OF NATIONAL CITY TIDE- LANlM," was presented for the second and final reading, and read in full. Moved by Allen, seconded by Reid, the Ordinance be adopted. 8/23/60 62 Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN stated the documents presented to the Council which had been signed by Mrs. Davis C. Danielsen, 2127 E. 8th Street, was referred to as an easement. The Council authorized the preparation of a resolution of acceptance, which has been examined. The form of this document is such it cannot be construed to be an easement; it does accomplish the purpose for which it was drafted, which was to authorize the City to go on the property and temporarily use the same and make certain temporary improvements. It is the opinion of the City Attorney the document does give the City the rights it requested, and recommended the authorization to accept it as an easement be rescinded, and the document which might better be called a permit or license be given a document number by the City Clerk and be filed. Moved by Allen, seconded by Reid, the recommendation of the City Attor- ney in regard to rescinding the motion to accept.the document as an easement be approved, and his recommendation of giving it a document number and filed by the City Clerk be approved. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN reported the Attorney for L. M. Pepper, dba Pep's Kerosene Service, has submitted a proposed lease in accordance with the recommendation and action of the Harbor Committee. The Attorney suggested Mr. Pepper would like to have the option of renewing beyond the end of the twenty-five year term as now provided under the author- ization given by the City Council and the Harbor Committee. This is a matter of policy and it should be decided by the Harbor Committee, and it was the City Attorney's recommendation the request, through the Attorney for L. M. Pepper, that further option beyond twenty-five years be put on the agenda for the next Harbor Committee meeting. Moved by Morgan, seconded by Hart, the City Attorney's recommendation regarding the lease of L. M. Pepper be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he has examined the three contracts submitted by the three architects, each are different. It is obviously in the interest of the City to have a uniform contract with each of the architects, and it would appear it would be to the advantage of the City to have the City Attorney draft an agreement for submission to the three architects, and it was his recommendation this be done. Moved by Morgan, seconded by Allen, the City Attorney prepare the agreements, as recommended. Carried, all the Council present voting aye 6/23/60 63 ATTORNEY CURRAN reported the Metropolitan Water District of Southern California has passed its resolution fixing the tax rate. Discussion has been held by the Council, however, no authority as yet has been granted by the Council for the preparation of a resolution; and in the event the Council wishes this resolution adopted they should at this time make a motion to that effect. Moved by Hart, seconded by Reid, the City Attorney be authorized to prepare the resolution. Carried, all the Council present voting aye. ATTORNEY CURRAN, at the request of Mayor Hollingsworth, explained the procedure the Council goes through to make the payment to The Metropolitan Water District each year. COUNCILMAN MORGAN stated if National City had a right to the water why did we have to deannex land that could not be served by water, if the agreements stated we served all of National City. ATTOR- NEY CURRAN stated this possibly refers to land that was above an ele- vation of 165 feet. COUNCILMAN AL LEN said this was property in the area of Euclid and Logan Avenues. COUNCILMAN MORGAN stated the City are the ones that should receive the water and yet it did not serve the land we had annexed at that time, and questioned the reason. Mr. Morgan said he would like to have that question answered. ATTORNEY CURRAN stated a partial answer is that the records of the City of National City reveal there have been several controversaries between the California Water & Telephone Company and the City of National City, and at the present time there is a proceeding before the Public Util- ities Commission of California thereby the California Water & Tele- phone Company was attempting to have contracts declared valid which were entered into regarding the service of water to subdivisions in National City. In this matter briefs have been submitted, the City Attorney has presented a brief on behalf of National City; the posi- tion of the City Attorney in that proceeding is the allegation made by the Water Company it did not have to serve the residents of National City are not well founded as a matter of law; he contends in his brief the Company is obligated to serve all of the land which is included within the City limits of the City of National City, whether or not that land is above or below the 165 foot elevation or arty other. That matter has not been decided by the Public Utilities Commission as yet. The thing that brought this to a head is that the Company, several years ago, had been refusing to serve new customers if they were above the 165 foot elevation, and that was finally resolved by a series of contracts. As a result of the decision of the Supreme Court of Cali- fornia the validity of those contracts has been put in question and the company has submitted those contracts to the Public Utilities Commis- sion in an effort to have them declared legal. COUNCILMAN MORGAN said he would like the City Attorney or City Manager to check into this and 8/23/60 64 see if this property in question was above the 165 foot elevation; it is his belief it was below the 165 feet. Mr. Morgan said he would .like this discussed further at the next meeting after we have obtained some answers to these questions. VICE MAYOR HART stated he wished an opinion from the City Attorney, whether or not he, as a builder, would be allowed to sell to City employees. ATTORNEY CURRAN stated the question legally would be phrased as to whether or not there would be any possible interest in a public contract, and it is fairly obvious the contract here involved is not a public contract but a private contract; therefore, there would appear to be no objection on the part of any Councilman to enter into private contract with some person involving his regular line of business simply because they were City employees; that is particularly true today where practically every City employee is under Civil Ser- vice there is no possible question as to some of the situations that could arise, and did arise, many years ago at various levels of Gov- ernment where you had a patronage system; so it would appear under the present conditions and the present law, there is no objection to a member of the Council entering into an agreement to build a home Aien that is his line of business. COUNCILMAN ALLEN asked if that would also apply to a person selling homes. ATTORNEY CURRAN said it would, there is no distinction. HEARING ON ZONE CHANGES was held at this time. Item (a) is for cer- tain property located near the Southeast corner of 24th Street and La Siesta Way, CITY CLERK ALSTON stated she received no written protest on any of the zone changes. CITY PLANNER STOCKMAN stated this is the Hobson Annexation, and it is to establish the zoning for R-2, Two Family Residence Zone. Moved by Allen, seconded by Morgan, the hear- ing be closed. Item (b) Certain property located near the Southwest corner of the intersection of 24th Street and Orange Avenue. CIT CLERK ALSTON stated she received no written protest. CITY PLANNER STOCKMAN stated this is the Hynum Annexation and is to be established as R-4, Multiple >smily Residence Zone. Moved by Hart, seconded by Morgan, the hearing be closed. Carried, all the Council present vot- ing aye. Item (c) Certain property located near the Southeast corner of 8th Street and "R" Avenue. CITY PLANNER STOCKMAN stated it is for a zone change requested by Vito and Jean Dalfio; they are requesting the zoning be changed from R-4, Multiple Family Residence to C-2, Limited Commercial Zone. The Planning Commission recommended denial. CITY CLERK ALSTON stated she received no written protest. EVE BISBERG 1826 E. 8th Street, was present, and stated she was in accord with the recommendation of the Planning Commission. Moved by Allen, seconded 8/23/60 65 by Hart, the hearing be closed, and the recommendation of the Planning Commission be upheld. Carried, all the Council present voting aye. Item (d) Certain property located near Palm and "N" Avenues and 15th Street. CITY CLERK ALSTON stated she had no written protests. RICHARD J. DONOVAN, Attorney, 615 National Avenue, was present, and stated he represented several property owners in the area under consideration, namely the Richards, Clarks, and Normans, and urged the Council to return the Graham Bonamo Subdivision area, as it is commonly known, to the R-1 Zone, as is now proposed. The Planning Commission recommended the area be changed to R-1. Moved by Morgan, seconded by Hollings- worth, the recommendation of the Planning Commission be approved. Car- ried, by the following vote to -wit: Ayes: Hart, Morgan, Hollings- worth. Nays: Allen, Reid. Item (e) Certain property located between "C" and "B" Avenues, 30th and 32nd Streets. CITY CLERK ALSTON stated she received no written protests in this regard. W. L. JONES was present and stated he resides on 30th Street, and stated he wished to know what this is to be rezoned. CITY PLANNER STOCKMAN stated this is the Sweetwater Unit No. 1 Annexation, beginning with the property between 30th and 32nd Street it was the Planning Commission's recom- mendation that be R-4, Multiple Family Residence in conformity with the zoning to the North; then a small buffer zone of C-2, Limited Com- mercial Zoning where the Haworth Dairy was; going then to the area of the Sweetwater Valley it was to be M-2, Light Manufacturing. Mr. Jones is in the proposed R-4 area. MR. JONES stated he was under the impression this was to be zoned other than R-4, and he favors the R-4 zoning. Moved by Morgan, seconded by Allen, the hearing be closed. Carried, all the Council present voting aye. Moved by Morgan, sec- onded by Allen, the recommendation of the Planning Commission in regard to the zoning be approved. Carried, all the Council present voting aye. Moved by Morgan, seconded by Hart, this be referred to the City Attorney for the preparation of an ordinance. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollings- worth. Nays: None. EDWARD CHURCH, 1846 E. 8th Street, was present, in regard to the con- dition on E. 8th Street, and questioned what is going to be done in regard to the dust bowl, grade level, curbing, paving, etc. MAYOR HOLLINGSWORTH stated she understands there is to be a meeting this afternoon of truck drivers and at this time they hope to meet a set- tlement; there have been one or two firms that have been able to operate during the strike and they are so busy they cannot take on any more customers. EVE BISBERG, 1826 E. 8th Street, was present in regard to the improve- 8-23-60 66 ment of 8th Street; also that a year ago she appeared in behelf of Mrs. Mae Lewis and read a complaint to the Council requesting there be parking accommodations for a club in that area, and explaining the conditions caused by the club. BOB SMITH, a member of B. & W. Home Service, San Diego, was present and requested an exclusive permit or a license to do lettering of home numbers. Moved by Allen, seconded by Hart, this request be referred to the Finance Committee for study, and report to the Coun- cil. MAYOR HOLLINGSWORTH asked Mr. Smith if he had some kind of a proposition to leave with the Council. MR. SMITH said he did not have at this time but he could submit one later. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH asked that Mr. Smith leave his proposition with the City Manager. HERSHEL MOYER, 1148 Third Street, Chula Vista, was present, and stated he also wanted a license to paint house numbers on the curbs. Moved by Morgan, seconded by Hart, this also be referred to the Finance Com- mittee. MAYOR HOLLINGSWORTH asked that Mr. Moyer submit his proposi- tion to the City Manager. Carried, all the Council present voting aye. WHITEY LANDELLS of the Chula Vista Harbor Committee, also represent- ing the San Diego Industrial Improvement Development Committee, was present. Mr. Landells stated at a meeting Councilman Allen and he attended last Friday evening, the Port Authority was discussed. We are trying to get up a lot of interest in this, because we are all trying to develop the Bay. The question arises why the Bay should be developed if we have no business, or no place for business to go to or come from, but the questions will all be answered if we have a Port Authority that will be responsible to the Navy, the Federal Govern- ment, the Army Engineers for these cities. The Port Authority is one of the most wonderful ways a small group can get together and really handle big business. What we would like to do now is to get it started, nothing has been set, nothing has been "jelled", no one has tried to say what kind of a xort Authority we will have, how it will be done, how we will appoint or elect people. We would like to get all the cities together and would like to have Sheridan Hegland speak to a representative group of each city and explain that a Port Auth- ority is, and the benefits. After this has been done, we would like to ask each City to come up with some criteria of what they will expect of a Port Authority. We have a survey that shows it can be done, we have people who are interested in having it done. VICE MAYOR HART suggested Mr. Hegland b►e invited to give a talk on this at a meeting of the League of California Cities. COUNCILMAN AIJAN said he stated at the meeting in his oginion there had to be an individual 8/23/60 67 representation from each City and an equal representation from each City. Mr. Allen stated he also said he thought we would have to show the people, in case we needed a bond election to go along with the sums the Government might contribute to develop this Bay for the Port Authority, and we may have to go to the other cities that would use it in other counties. Mr. Allen said when we get sufficient information he would like Mr. Morgan and Mr. Reid, who are on the Harbor Committee to attend the meeting. MR. LANDELLS stated there will be a meeting September 14th at which Sheridan Hegland will be the speaker, and the City will be notified of the place of the meeting. COUNCILMAN ALLEN stated there are three members of the Council including himself who are on the City's Harbor Committee and he asked the other two if they volunteer as being active members on this committee. Mr. Morgan and Mr. Reid both said they would attend th.; meeting. COUNCILMAN ALLEN stated he has received a number of complaints about oats, and he would like to impress on each member of the Council to come up with some kind of a recommendation at the next meeting of the Council. MAYOR HOLLINGSWORTH stated she thought cats should be lic- ensed the same as dogs and have rabies vaccinations. It will require cooperation of our citizens in order to catch the stray cats. The matter presents a number of problems. MAYOR HOLLINGSWORTH asked the Council members to think the problem over and explore it thoroughly. CITY MANAGER BIRD requested authorization for the City Attorney to prepare the annual contract for advertising and promotion with the Chamber of Commerce. Moved by Hart, seconded by Morgan, the City Attorney be authorized to prepare the annual contract with the Chamber of Commerce. Carried, all the Council present voting aye. COMMUNICATION PROM SAN DIEGO COUNTY WATER AUTHORITY was read, trans- mitting a copy of Res. No. 627 adopted by the Board of Directors on August 18, 1960, levying a tax upon the taxable property within said Authority. If the City desires to pay any portion of the tax, the Authority should be so advised before August 27th. A copy of the certificate of J. C. Perrigo, Auditor and Controller of the County of San Diego was also enclosed, certifying to the assessed valuatioins of all property within the Water Authority. CITY MANAGER BIRD recom- mended that, as in the past, the City not participate in any part in the County Water Authority, and this be received and placed on file by the City Clerk and answered by the City Clerk. Moved by Hart, sec- onded by Morgan, the City Manager's recommendation be approved. Car- ried, all the Council present voting aye. COMMUNICATION FROM MRS. GERTRUDE C.kIE, 1322 Manchester Street, was read, asking the Council to help h.er continue to raise her children /)- /6n 68 to make good citizens by cleaning out the stands and drug stores with the immoral material we have today facing our children. COUNCILMAN ALLEN stated the City Council of San Diego is making every effort to go along with a group of citizens uh o are behind this sort of thing, and the Postmaster of San Diego is definitely behind the move to eliminate this kind of material. Mr. Allen said when he has the oppor- tunity he will discuss this with 'Postmaster Wright of National City and report back to the Council. VICE MAYOR HART asked if Mr. Allen was going to talk with Mr. Wright, and Mr. Allen said Vice Mayor Hart could and he would also help in any way he could. E. H. ALSDORF, 2105 "J" Avenue, was present, and stated the post office can only control that which comes through the mail, and he would ask the Council to do something about it locally. MAYOR HOLLINGSWORTH stated the Council has no control whatsoever over the post office. Mrs. Hollingsworth said she thinks this is out of the premises of the City Council, we should have a coordinating council; and representatives of every ser- vice organization in the City and the Churches all get together on a coordinating council and do a public relations job to every home and citizen in the City. We should bring it to the attention of all ser- vice clubs and get something going from that angle rather than from the Council. E. H. ALSDORF stated either a committee or perhaps the Library Board would be a good group to have to start on this thing. Moved by Allen, seconded by Reid, the Council take this into consid- eration and on our own check for our own informatiGn, and whatever reports we think are necessary bring them up at another Council meet- ing, and the letter be acknowledged stating we are going to see what, if anything, the Council can do. Carried, all the Council present voting aye. REPORT FROM SUPT. PARKS & RECREATION GAUTEREAUX regarding the building condition of Casa de Salud, was read. In the opinion of Mr. Gautereaux that to develop this building to meet State Code and to provide a fac- ility that would fulfill the requirements of public recreation build- ing with the gym on the upper floor as it now exists would cost in the neighborhood of $43,000 to $48,000, and in so doing, there would still be within the structure the main timbers that have technically served out their life; while in comparison a new building of masonry construction could be built at this location in one-story covering the entire lot for around $70,000 to $75,000. It was recommended the matter of recreation facilities for this particular section of the City be referred to the Park and Recreation Advisory Board for their study, considering the possibility of expansion within Kimball Park, thereby meeting the needs of the western section of the City and a 8/23/60 69 feasibility report from this Board covering these phases be forthcom- ing in the very near future. Moved by Hart, seconded by Reid, this be referred to the Finance Committee. MAYOR HOLLINGSWORTH stated she did not think the Finance Committee could take any action until we had a report from the Park and Recreation Advisory Board. CITY MANAGER BIRD recommended the matter of the recreation facilities for this section of the City be referred to the Park and Recreation advisory Board. We want to know whether, in the opinion of the Advisory Board, there is sufficient need, or will be sufficient need in that area twenty or thirty years from now. VICE MAYOR HART, with the approval of Council- man Reid, withdrew their motion. Moved by Morgan, seconded by Hart, this be referred to the Park and Recreation Advisory Board. Carried, all the Council present voting aye. RETORT FROM PARK AND RECREATION ADVISORY BOARD was read, stating at the regular meeting of the Board august 17th there were not sufficient members present to constitute a quorum. The members present did dis- cuss at some length matters of importance to the people of the City of National City and pertinent to the duties of this Board. APPLICATION FOR TRANSFER OF OFF SAIL BEER & WINE BEVERAGE LICENSE by Flora L. Dressler, Handy Pantry #9, 1536 Highland Avenue, was presented. REPORT FROM POLICE CHIEF was read, stating investigation discloses no grounds for protest. Moved by Hart, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Hart, Reid, Hollingsworth. Nays: Allen, Mor4an. APPLICATION FOR TRANSFER OF ON SAP,E BEER BEVERAGE LICENSE by Leo Zanier, The Corral, 21 W. 8th Street, was presented. REPORT FROM POLICE CHIEF stated investigation disclosed no grounds for protest. Moved by Reid, seconded by Hart, the application be filed. Carried, by the following vote to -wit: Ayes: Hart, Reid, Hollingsworth. Nays: Allen, Morgan. E. H. ALSDORF stated he is glad to see that some of the Council members vote "no" on some of these applications. CITY MANAGER BIRD stated in the matter of the question of annexation which was brought up by Councilman Allen, we will have to prepare the legal description of that portioQ of the Housing so it can be referred to the City Attorney for making the uninhabited annexation of City property. CITY CTRYIK ALSTON reported/ehe ha:s the Affidavit of Mailing Notices on Hudson Annexation. Moved by Allen, seconded by Reid, the Affidavit be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the affidavit of Mailing Notices on the hearing Oh Housing. Moved by Allen, seconded by Reid, the affidavit 8/23/60 70 be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of the hearing regarding Olivewood Housing from the National City Star -News and also the Affi- davit of Publication of the hearing regarding Olivewood Housing from the San Diego Union. Moved by Allen, seconded by Reid, the Affidavits be filed. Carried, all the Council present voting aye. ACTING CITY ENGINEER ROBERTS reported the 8th Street job had to be closed down at noon yesterday due to the fact the contractor could not get any concrete for pouring curbs and gutters. As soon as the strike is over work will be continued; in the meantime the water truck will be on the job to control the dust nuisance and also adequate barri- cades will be maintained where needed. REPORT FROM THE PLANNING COMMISSION was read, recommending approval of the tentative subdivision map for Coles Manor, a twenty lot subdi- vision located on Plaza Boulevard approximately 994 feet west of Har- bison Avenue, subject to certain restrictions enumerated in the report. Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission be approved. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN reported she has a construction easement and covenant running with land signed by John H. and Sumika Balentine rela- tive to the property at 1614 Prospect Street, and recommended it be referred to the City Attorney to prepare a resolution of acceptance. Moved by Hart, seconded by Reid, the recommendation of the City Planner be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7801 was read, "RESOLUTION PROVIDING FOR THE PAYMENT BY CITY OF NATIONAL CITY OF FIFTY PERCENT OF THE TAXES LEVIED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA." Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, all the Coun- cil present voting aye. COUNCILMAN ALLEN excused. RESOLUTION NO. 7802 was read, "RESOLUTION FIXING 1960-1961 TAX RATE." The tax rate is set,at $1.50 per one hundred dollars assessed valua- tion. Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: None. Absent: Allen. RESOLUTION NO. 7803 was read, approving contract between City of National City and National City Chamber of Commerce. Moved by Reid, seconded by Hart, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: None. Absent: Allen. 8/23/60 71 Moved by Hart, seconded by Reid, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:00 p.m. ATTEST:._ 2 MAYOR, CITY OF NA ZONAL CITY CLERK TY. CALIFORNIA 8/23/60