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HomeMy WebLinkAbout1966 01-18 CC MIN74 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 18, 1966 The regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m, Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Huffaker, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Rev. John Brunt, Assistant Pastor, Paradise Valley Sevent# Day Adventist Church. MOVED BY COLBURN, seconded by Hogue, the minutes of the regular meeting of January llth be approved. Carried by unanimous vote. RESOLUTION NO. 9053, "A RESOLUTION OF CONSENT CALLING FOR THE FORMATION OF A SAN DIEGO COUNTY TRANSIT DISTRICT," was read. Moved by Alien, seconded by Colburn, the resolution be adopted. Councilman Morgan asked if all seven cities would be included in the district even if an area voted solidly against it. Mayor Gautereaux stated there would be three voting areas: (1) Chula Vista, Coronado, Imperial Beach, and National City, (2) El Cajon, La Mesa, and unincorporated areas of the County, and (3) City of San Diego (the City of San Diego to vote separately and the other two districts to vote separately), and the proposition would have to be passed by the City of San Diego and one of the other two voting areas in order for the District to be formed; if one of the areas other than San Diego voted againstit, the area would not be in the district but could contract with the District for transit services. Councilman Morgan stated he favored the County of San Diego taking over the bus system. Mayor Gautereaux stated one of the important points to consider was that Federal funding would be available to the district which would result from the election; eligibility for the funds depended on provisions for colAective bargaining and the county might not be entitled to these funds resulting in a tax burden to the people in this area. Carried, by the following vote, to -wit:. Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO. , Resolution establishing library capitol outlay fund , was read. Moved by Colburn, seconded by Hogue, the resolution be adopted. Mayor Gautereaux stated there was a need for -:an addition to the library to house items of historic value, and asked the City Attorney if this fund would be available for that purpose if the Council saw fit to add a museum room to the Library. City Attorney Carstens stated it would come under the Education Code, his impression was there would be no reason why it couldn't be done, but he would have to research. Moved by Colburn, seconded by Hogue, motion be laid over until the City Attorney reported. Carried by unanimous vote. COUNCILMAN MORGAN stated in regard to the 1911 Act improvement which cut off tie driveway at John Gilmore's apartments at 9th and K, his understanding was the Council promised to do something about it. Mayor Gautereaux stated it would pose a problem in litigation between the property owner, the City, the contractor, and engineer on the job; there was a smallness of dollars and cents involved and it should be worked out and corrected. Moved by Morgan, the matter be referred to the City Attorney to see what could be worked out. Motion died for lack of second. "ice Mayor Allen stated if the minutes indicated the Council promised to take care of the situation, something should be done; the owner did protest. John Gilmore, South Bay Plaza Association, was pre- sent and requested the Council to hear Beryl Phelps who was engineer on the job; he stated his tenants were unable to use the driveway. Beryl Phelps, civil engineer, stated no error was made; fill was made; they would pay $75 toward the $475 to have the driveway paved with concrete rather than asphalt; the price to the City would be $400. Moved by Allen, 75 seconded by Colburn, the City Attorney be instructed to report on the legality of the matter, and if a verbal contract was made, a Resolution be prepared for next week and the City install it, Mr. Gilmore, ( in answer to Councilman Colburn's question,) stated the driveway would hold two or three cars; the driveway would never really be good, but would allow a truck to get in; prior to the 1911 Act, they had drainage done and brought the driveway up to what they thought would be the street grade, and had it paved, and when the road was put in it was two or three feet higher. Vice Mayor Alien said in normal instances the owner would pay for improvements of a driveway and asked if Mr. Gilmore was not the main signer of the 1911 Act and if he would not have withdrawn had he not understood the City would correct it. Motion carr7ed by the following vote, to -wit: Ayes: Allen, Colburn, Hogue,; Morgan, Gautereaux. Nays: None. COUNCILMAN HOGUE reported the marriage of his daughter, Carolyn Jeanette, to Howard Craddbck, COUNCILMAN HOGUE presented the names of five people who agreed to serve on a Human Relations Committee. Mrs. Jack W. Meier, 2430 Tolas Court; Mrs. George Quiguley, 625 Harbison; Manuel Ramos, 1820 "0" Avenue; Thomas Mear, 3915 W. 13th Street; Edward Castro, 320 W. 13th Street. Mayor Gautereaux stated material was available to establish guidelines for committee activities, and recommended the five people be appointed. Moved by Allen, seconded by Morgan, the Mayor's recommendation be approved. Councilman Colburn asked 1f they would have guidelines that would be approved by the Council; if Council would have an opportunity to look into any problems that would be brought to the Committee's attention, Councilman Hogue stated they understood, and before the "groundwork" they would like to talk to each of the Councilmen. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. VICE MAYOR ALLEN thanked the Mayor for allowing him to represent him at the Pony League banquet at the Plantation. VICE MAYOR ALLEN stated Only one Mayor attended the March of Dimes parade last Sunday, Moved by Allen, seconded by Morgan, a letter of thanks be sent to Mayor Eleanor Anderson of Chula Vista for her participation in the March of Dimes Parade. Carried by unanimous vote, MAYOR GAUTEREAUX requested Council approval of the appointment of George Waters to the Planning Commission vacancy, Moved by Morgan, seconded by Colburn, the appointment be approved. Carried by unanimous vote. MAYOR GAUTEREAUX presented a request by the Senior Citizens to proclaim August 1st, 1966, "Senior Citizens Day" in National City; the Senior Citizens plan to bring senior citizens from all over the County to participate in the event. Moved by Morgan, seconded by Allen, the request be approved. Carried by unanimous vote. THE HEARING ON RESOLUTION NO. 9043, "RESOLUTION OF INTENTION TO VACATE AND CLOSE THE ALLEY RUNNING NORTH AND SOUTH BETWEEN ROOSEVELT AND HOOVER AND BETWEEN 20th and 21ST STREETS", was held at this time. City Clerk Minogue reported the City Engineer's Affidavit of Posting and the Certif- icates of Publication were on file and no written protests were received. Mr. Schrager, Attorney for Mr. Goldberg, was present and stated the closed alley would be improved and would result in tax revenue for the City; an easement was given to the San Diego Gas and Electric Company. Director of Planning Stockman said she understood easements were to be given to both San Diego Gas and Electric and The Pacific Telephone Company and asked if the telephone company requested an easement would the property owners grant it. Mr. Schrager stated the telephone company had not asked for an easement but if they did there would be no objection, Moved by Allen, seconded by Hogud, the hearing be closed and referred to the City Attorney. 1/18/66 76 Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. The Director of Planning reported the Planning Commission recommended the closing of the alley be granted subject to easements being granted to Pacific Telephone & Telegraph Company, and San Diego Gas & Electric Company. Mrs. Stockman recom- mended either the City Attorney put a stipulation in the resolution closing the street, preserving the right-of-way for the Telephone Company, or a clearance be obtained from the Telephone Company they do not require an easement. Moved by Colburn, seconded by Hogue, the recommendation of the Director of Planning be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. MRS. HELEN LAMB, Secretary, South Bay Historical Society, 441 East 7th Street, was present and stated she made application with Building Services for rental of the Community Building for the 4th Annual Antique Show, September 16th and 17th and 18, and requested waiver of the rental fee as they were a non-profit organization. Moved by Allen. seconded by Morgan, the request be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mrs. Lamb stated her appreciation of the presence of Mayor Gautereaux and Vice Mayor Allen at the 2nd Annual Conference of the Historical Society , Hotel Del Coronado. Mayor Gautereaux complimented the Society on the conference. CHAN NOBLE, 2138 J Street, retired Captain N. C. Police Department, was present and spoke in regard to the State Retirement legislation enabling increase of certain retirement' providing that the participating cities made application; it was brought to the attention of the Council, and the City Manager was notified the .situation existed. Mr. Noble stated patrolmenretiring now receive more money than police captains who retired some time ago. Mr. Noble requested that Council take action to determine the feasibility of an increase in retirement for the older employees, as provided by the Retirement system. Mayor Gautereaux introduced Mr. Noble to the members of the Council, and stated the matter was discussed at the last budget session; the legislation was based upon the cost of living increase, and people retiring before this time found themselves in an economic dilemma; if Council concurred these people could have their retirement increased. Mr. Noble stated there were 6 or 8 City employees who retired prior to 1962, Moved by Allen, seconded by Morgan, the City Manager and City Attorney research this and it be considered for the nest budget. City Manager Osburn statedt he would send a follow-up letter to his former letter to the State Retirement System requesting them to perform an acturial survey, Motion carried by unanimous vote. E. H, ALSDORF, 2105 J Street, was present, and reported a near -accident on the corner of 21st and J Streets, and stated the City was requested to put a stop sign on that corner. Mr. Alsdorf presented the Mayor with a cartoon on "stray cats." ROBERT MILES, PRESIDENT, MARMIL DEVELOPMENT COMPANY, 3193 Mt. Miguel Chula Vi sta, was present and inquired what action the Council would take in regard to moving up the priority 6f the petitioned 1911 Act Improvement on "Q" Street. City Clerk Minogue read Mr. Miles letter requesting the Council to move the improvement of "Q" Street from priority position No, 7 to the top because they were in position to develop immediately the easterly portion thereby establishing a higher tax base for the City, Mr. Miles stated the Engineering Department informed him a minimum amount of work would complete the preliminary work. Moved by Allen, seconded by Morgan, the Engineering Department be requested to expedite this 1911 Act. City Engineer Foster stated the Engineering Department had a lot of work in process and scheduled but they would do whatever Council requested. Councilman Morgan inquired whether outside engineers could be hired. City Engineer Foster stated Marmil Company hired outside help up to this point, but it was better for the City to distribute the a sessmedts Councilman Hogue 1/18/66 77 spoke against the motion_ stating there were other petitions ahead of this and Mr. Miles would object if other improvements were undertaken before his. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: Hogue. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $18,094.57 Traffic Safety 2,746.20 Park 314.53 Retirement 10,851.35 Bond Fund 9A 75,208,54 Special Street 273.55 Drainage 60.00 Sewer 9,281.80 Civic Center 633.50 TOTAL $117,464.04 MOVED BY COLBURN, seconded by Allen, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM THE CITY OF ORANGE enclosing their Resolution expressing support and devotion to the members of the Armed Forces of this country fighting in Viet Nam and requesting the City Council adopt a similar resolution was presented. Mpyor Gautereaux stated Council had already set forth their position relative to this matter and recommended it be filed. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved, Carried by unanimous vote. COUNCILMAN COLBURN suggested the matter of the Westcott proposal to the Real Estate Committee be considered at this time as Mr, Westcott was present. Moved by Hogue, seconded by Alien, the item be considered at this time. Carried by unanimous vote. Moved by Colburn, seconded by Hogue, the Council approve the Real Estate Committee's recommendation in regard to the sale of land on the NW corner of 30th and National to Mr. Westcott. (Real Estate Committee minutes stated: "Motion by Allen, seconded by Reid, that the committee recommend to the Council that this $30,000.00 offer from Mr. Westcott be accepted subject to the usual escrow procedures. Motion carried by unanimous vote.") City Manager Osburn suggested the Council authorize the City Attorney and the City Manager to open escrow under the terms and conditions set forth in the minutes of the January 17th meeting of the Real Estate Committee and includ the stipulation that if Mr, Westcott does not perform within a year this property revert to the City in the same manner as included in other escrows, Moved by Hogue, seconded by Allen, Mr. Osburns recommendation be included in the motion. Mayor Gautereaux requested Councilman Hogue tore - state the amended motion. Councilman Hogue stated the motion was: "Mr. Osburn's recommendation be referred to the City Attorney and City Manager to draw up the contract as stated in the minutes and certain requirements pertaining to the length of time before building begins and the final instructionsbe brought back to Council for approval." The City Manager said he thought the basic thing was that Mr. Westcott intended to be in there within one year. Vice Mayor Allen asked if he was to assume that, due to the fact that Mr. Westcott's offer stated he probably would not be able to start construction on the greatest part of the property until 1967, escrow would not close until 1967. Mayor Gautereaux stated there was no reason for the escrow to be left open, if the conditions of the escrow were not fulfilled the land would revert,back to the City. P.C. Westcott, who was present, stated the showroom and the forward portion of the property (blacktop, lights, neon signs to identify the business) would be completed within the year and he would be in there on January 1, 1967; but the service and parts departments in the rear will not be finished for some time as he had three years left on his lease. Mr, Westcott displayed the architect's drawing of the proposed building. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. 78 THE MINUTES OF THE REGULAR MEETING OF THE LIBRARY BOARD OF TRUSTEES on January 5, 1966, were presented. Moved by Allen, seconded by Colburn, the minutes be filed. Carried by unanimous vote. A COMMUNICATION FROM MRS. BEATRICE EVANSON in regard to the beautification of Harbor Drive was presented. Ordered filed by unanimous vot'. A COMMUNICATION FROM CITY MANAGER OSBURN requesting an extension of the emergency appointment of administrative Assistant Charles G. Huffaker until an employment list is established, was presented. Moved by Allen, seconded by Colburn, the extension be approved, Carried by unanimous vote. A COMMUNICATION FROM THE EXECUTIVE OFFICER, Local Agency Formation Commission, in regard to Paradise Hills de -annexation from San Diego and annexation to the City of National City was presented. Vice Mayor Allen stated, the Commission requested the City Councils . of. San Diego and indicate their feeling to the Commission. Moved by Allen, seconded by Hogue, Council go on record as being willing to accept Paradise Hilts providing the City Council of San Diego approves it. Bob Worthy, 1223 Manchester, was present, and stated the City of San Diego deviated from the usual procedure by going on record as opposing the de -annexation of Parade Hills at the hearing of the Local Agency Formation Commission. Mayor Gautereaux asked Mr. Worthy if he knew the feelings of the people in Paradise Hills. Mr. Worthy said no petitions have been circulated; he thought it was fifty-fifty. Councilman Morgan asked if San Diego City Council would have to approve the de -annexation by a 4/5 vote. Mr. Worthy stated petitions should have been presented to the City of San Diego asking for an election before The San Diego Council voted on it, Mayor Gautereaux stated the Local Agency Formation Commission was created by legislature to handle the responsibility of boundaries and orderly annexations of unincorporated areas; and had the Commission been established many years ago Paradise Hills would not be part of San Diego but part of National City; also the 22 square miles at the border would not have been annexed to San Diego. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM THE DIVISION OF HIGHWAYS outlining their interpretat- ion of Chapter 1450 of the 1965 Statutes which added Section 74.5 to the Streets and Highways Code, was presented. Ordered filed with the City Manager by unanimous vote. A COMMUNICATION FROM IDA MAE KERR, Board of Directors, Girls Club, requesting the use of 9 folding tables on January 24th was presented. Moved by Morgan, seconded by Allen, the request be granted. Carried by 'the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN reported receipt of a Certificate of Insurance for John Hansen Housemovers, renewal of insurance for Boys' Club of National City, and Certificate of Insurance for Yellow Cab, which were reviewed by his office and the City Attorney and recommended they be filed. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of the San Diego County Water Authority's Operational Report for the month of December and recommended it be filed. Ordered filed by unanimous vote. THE CITY MANAGER reported the American Legion, Kenneth L. Blanchard Post 255, requested permission for members to distritute to the public, at no cost, American Flag lapel emblems and wallet cards of the "Operation Show your Colors." on January 22nd, Moved by Morgan, seconded by Allen, the request be granted. Carried by unanimous vote. CITY MANAGER OSBURN presented the minutes of the Real Mate Committee meeting, and stated the minutes were received late in the afternoon and he.had not had time to go over them. Moved by Alien, seconded by Morgan, 79 the remaining items in the minutes be postponed. Councilman Hogue stated one of the items pertained to a suggestion the Council make a trip to Alameda or Vallejo to see apartments similar to those proposed for National City. Moved by Allen, seconded by Colburn, the motion include interested members nf' the Council be authorized to take a trip to Alameda at City expense for the purpose of viewing the completed development. Councilman Morgan stated there were some items to be clarified before the Council makes the trip: the buyer to agree to delete parcel No. 7 as it is already sold; to delete parcel No. 14y (business property that size, 125' x 290' should sell for more than $19,000.00) or to raise,,offer to at least $23,000.00 to the City; to permit anyone to rent the apartments. Mayor Gautereaux stated the Council had the opportunity to accept or reject the proposal, and placing the suggested stipulations was not the perogative of the Council at this time; it was good judgment. the Council inspect the development completed by the developer, who made a fantastic offer to the City. Vice Mayor Allen stated,nothing should be a "must" on one Councilman's say so; it takes three Councilmen to make anything a "must". Councilman Morgan stated there were questions asked of the developers at the Real Estate Meeting, and they had no answers, Councilman Colburn said there were a few questions he had that he did not expect them to be. able to answer at that time because they were giving Council a proposal to accept or reject; the developers spent a lot of time and money on the project; if the Council inspected the apartments a counter proposal could be made, and the questions answered before accepting the proposal. Councilman Colburn suggested the proposed recreation area be controlled by the City. Mayor Gautereaux said the existing recreational facilities could be viewed at the completed project in Alameda and they could also learn the requirements set up by FHA. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. Moved by Allen, seconded by Colburn, the City. Manager make the arrange- ments for transportation to Alameda. Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. Councilman Hogue stated another proposal was made for a shopping center complex and asked if a feasibility report should be made. Councilman Colburn stated the General Plan recommended more housing in this area; if a survey was made it might be repeating work already done. Mayor Gautereaux stated the proposed shopping. center would provide only basic neighborhood needs and he would not recommend a survey be made until the Council made a decision of the other larger, offer. CITY CLERK MINOGUE reported receipt of a petition for curbs, sidewalks, grading and paving of 20th Street between the center line of "K" Avenue and the center line of "L" Avenue and the grading and pa.adng of the alley in Block 1 of Wilbur Addition (between "K" Avenue and "L" Avenue from 20th Street to 21st Street), together with the required drainage construction (City to contribute drainage), to be under a 1911 Act, signed by 13 property owners in the area. Moved by Morgan, seconded by Colburn it be referred to the City Engineer for further processing as a 1911 Act. Vice Mayor Allen stated the block of 20th Street between "K" and "L" was included in the streets given to the City Attorney to instigate a 1911 Act Improvement. Mayor Gautereaux ruled the motion out of order. Motion and second were withdrawn. Moved by Colburn, seconded by Allen, this petition be forwarded to the proper authorities to be included in the previous action of the Council. Councilman Morgan stated he would like a report from the City Manager on whether or not this actually was included in the previous action. Councilman Colburn stated the alley might not be included; a report should be brought back and the alley could be included with the, rest of the project. Vice Mayor Allen stated the alley should be left out of the motion because it was one of the biggest drainage problems the City had. Moticn carried by unanimous vote CITY CLERK MINOGUE reported receipt of the fully executed Joint Resolution (National City Resolution No. 9037), "in the matter of determining and declaring the public necessity of acquiring rights of way for public sewer pipelines and appurtenances and all structures incidental thereto, located in the Lincoln Acres area of the City of National City and in the 1/18/66 80 unincorporated area of the County of San Diego and authorizing the San Diego County Counsel to institute condemnation proceedings to acquire said rights of way," adopted by the County Board of Supervisors on January llth and said copies would be on file in her office. DIRECTOR: OF PLANNING STOCKMdAN read a communication in regard to the Flood Control Channel proposed for Sweetwater Valley, in which B. H. Hoffmaster, San Diego County Flood Control Engineer was quoted as stating once the channel route was approved it would behoove the Council to protect the right-of-way within the channel; the land use should be given consideration so the cost of land would not increase and the County and City would not have to pay more for it; the State could not reimburse the County and City for the full cost where the value has been increased by useage. Mrs. Stockman asked the Council what policy it would establish in regard to , issuing building permits for constructicn. Mayor Gautereaux recommended the Council adopt a clear cut policy that the City would do nothing to interfere with the Flood Control Channel. Moved by Alien, seconded by Hogue, the Council adopt a policy of issuing no future permits in the Flood Control Channel and Freeway rights of way as recommended by the Flood Control. Engineer and the Freeway Engineer. Councilman Colburn asked when a zone has been established and a permit is being requested would this create a hardship on a person making such a request. Mayor Gautereaux stated before Council votes on the matter an inquiry should be sent to the State Division of Highways as to what the position would be of the landowners who want to develop their property if they have the right to negotiate with the State. Councilman Morgan suggested a report be sent from the State. The Director of Planning said she was more concerned over the Flood Control than the Highway Department and recommended a study be made in that regard. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. DIRECTOR OF PLANNING STOCKMAN presented a report on the Governor's Conference on California Beauty, held January 11-12, which she attended, and recommended the City Council approve Governor Brown's 4-point program by adoption of a resolution; the recommendations of the various panels to the Governor be forwarded to the Planning Commission and Park and Recre- ation Advisory Board for study and appropriate action; the recommendations and Governor's program be forwarded to the Chamber of Commerce, Junior Chamber of Commerce and Altrusa Club for study. The Mayor suggested the Council move in favor of the recommendation. Moved by Colburn, seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUY. stated in regard to the matter of the airport property, the principals involved wish to annex to the City of National City; the City Manager and Mayor have been working with these people; and he hoped the Council would concur to accept the annexation. Moved by Morgan, seconded by Allen,:the Mayor's recommendation be approved. The Mayor recommended City Manager Osburn be authorized to continue working with these people. Moved by Morgan, seconded by Allen, the recommendation be included in the motion. Vice Mayor Allen stated he hoped a record of this unanimous vote could be sent to the Local Agency Formation Com- mission. Carried.by unanimous vote. MOVED BY MORGAN, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:55 p.m. M YOR, C OF Ntj.TIGNAL CITY, CALIFORNIA 1/18/66