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HomeMy WebLinkAbout1966 02-15 CC MIN105 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 15, 1966 The regular meeting of the City Cot lcil was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Alien, 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. F. D. Compton, Sweetwater Assembly of God Church. MOVED BY HOGUE, seconded by Colburn, the minutes of the regular meeting of February 8th be approved. Carried by unanimous vote. RESOLUTION NO. 9069, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION (Wilson Avenue Sewer Construction)," was read. Moved by Colburn, seconded by Alien, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESCLUTION NO. 9070, "RESOLUTION ADOPTING A WORKABLE PROGRAM," was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Councilman Morgan asked what the workable program was. Mayor Gautereaux stated it was a program for the community for Federal projects making it possible to have such projects as the 221D3 project and providing for housing code enforce- ment and building code enforcement. Councilman Morgan stated 221D3 was part of the urban renewal plan, and he didn't think it should be adopted; he read in the newspaper subsidized housing was financed 3% by FHA, and everyone he talked to said that was not true; 221D3 qualified under this program for subsidized housing; if a person could not afford to pay his rent someone would pay it for him; four or five hundred of these units in r:Tiional City would be too many, they should not be in National City. Cr-uncilman Morgan said it was rumored this housing would be under management o*' the Mayor's corporation.. Mayor Gautereaux said it would be under the 1% .1.ding Trades Council of San Diego. Motion carried, by the following c.:a, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. RL:LUTION NO, 9071, "RESOLUTION AMENDING RESOLUTION NO. 8715 (substituting the name David R. Dotson, Deputy City Attorney)," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote,to-wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9072, "RESOLUTION 0? COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Judy Peterson)," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux commended Miss Peterson and presented an award to her. MAYOR GAUTEREAUX commended Victor Hernandez, Nelson Cadava, and Stephen Hovenec, employees of the Department of Public Works, Street Division, for their heroic rescue of 13 year old Mike Guy from an open storm drain channel, on February 6th, and presented a "Key to the City" to each of them. MAYOR GAUTEREAUX presented a certificate to Guy Huffaker, for his services as Recreation Director and Assistant City Manager in the past year. VICE MAYOR ALLEN read a letter from the State Department of Education, and presented an award of merit to Mayor Gautereaux for National Cityts achievements in Civil Defense training through the Adult Education Program. 2/15/66 106 CITY ATTORNEY CARSTENS reported, in regard to Councilman Colburn's request for research on the history of parcel No. 7 in the Olivewood Housing area to determine whether the City had a legal obligation to sell the property to Acme Chevrolet, in reviewing the minutes and correspondence available beginning with an offer which was submitted to the City by Acme, dated April 6, 1965, nothing was found in the minutes which would indicate the offer had been accepted by the City, or there was a contract between the City and Acme Chevrolet. The City Attorney stated there were a number of letters which the City had received from Acme reiterating the offer; but the only indication found of any action by the City Council was in the December 7, 1965, minutes where the Council referred this matter to the Planning Commission to set up hearings for the zoning of this property. The City Attorney stated this information was limited to the minutes in which he found reference to this matter. The City Attorney said in reviewing the Council minutes and Real Estate Committee minutes nothing was found which indicated the Council ever accepted the offer of Acme Chevrolet. City Attorney Carstens said on that basis, there was nothing that would indicate the City had any obligation to sell the property to Acme Chevrolet; the offer was a continuing offer, it was continally open, and ordinarily in a matter of law, acceptance of another offer automatically rejected an offer. The City Attorney stated that unless there was something he had not found it would appear there were two offers made by two different people, and the Council acted on only one of them. The City Attorney stated that if anyone had any information he would be glad to consider it, but on the basis of what he had seen he didn't see any basis of any contract. Councilman Morgan asked about the referral to the Planning Commission for zoning at an earlier time. City Attorney Carstens stated the reference he had was on December 7th. Councilman Morgan stated there was a referral earlier than that, it came to Council twice, the first time it was referred to the Planning Commission for zoning all the way back to A Avenue between 16th and 30th; the people in the area had no objections to the city -owned land being rezoned, but they did not want their own property rezoned. City Attorney Carstens stated he based his opinion on the minutes he reviewed and would be more than glad to review any additional minutes that might be pertinent; he spent a considerable number of hours going through the minutes trying to pick out any reference t it and if there were earlier references he didn't find them. COUNCILMAN MORGAN stated there were many questions in regard to the pro- p-^d General Plan and the people should be able to vote on it. Moved b+ Morgan, the General Plan be put on the ballot to let the people decide whether or not they want it. Motion died for lack of second. COUNCILMAN MORGAN stated he attended meetings of the Board of Supervisors in regard to transporation. Councilman Morgan stated if the County operated bus service the City could contract for needed bus services; under the MART plan we would have to go to the Agency to get permission to bring buses into areas where needed; Supervisor Boney formed a committee to look into a plan for transportation. Councilman Morgan said the MART plan would form a district and create another taxing agency. Moved by Morgan, the Council support the County's recommendation for a County Transit Plan. Motion died for lack of second. Mayor Gautereaux stated the County did not have a Plan; Supervisor Boney was working with the City of San Diego Task Force Committee and MART trying t.. bring about a long term and short term plan. Councilman Hogue stated if he understood the morning paper there were three different groups interested in transit, and the Council should wait until the groups reached a decision and made a recommendation. VICE MAYOR ALLEN stated there had been some cuestion as to what happened to the Paradise Creek drainage; when the tidelands were turned over to the Port temporary obstructions were put across the creek. Vice Mayor Allen suggested the City Engineer and the Port Engineer might get together to see if the obstructions caused back up and flooding of 24th Street. 2/15/66 107 VICE MAYOR ALLEN stated the Federal Government planned to cut the school impact subsidy (covering school children of military personnel and Civil Service workers) in half; the amount by which National City benefited was comparable to $1.51 per $100 assessed valuation. Moved by Allen, seconded by Morgan, the Council send notice opposing the cutting of this subsidy in areas where there were military personnel to all California legislators. Councilman Morgan said maybe there were things that should be checked and possibly other things to be done besides the resolution and suggested the City Manager make a report and the matter be laid over. Mayor Gautereaux stated there should be some communication from the School Board in regard to the action they would like the Council to take on this matter. Mrs. Edith Sherman, Manager of the Chamber of Commerce, was present, and stated 35 per cent of the students in National City were connected with the Federal Government; the proposal was to cut the impact aid about 50 per cent, the amount cut to be used under the Economic Opportunities Act. Mrs. Sherman stated the Chamber of Commerce adopted a Resolution opposing the cut and she would have a copy for the Council by next week. Motion and second were withdrawn. THE HEARING ON THE CLOSING OF 23RD STREET from Wilson Avenue to the Freeway was held at this time. City Clerk Minogue stated she had the City Engineer's Affidavit of Posting and the Certificate of Publication. The City Clerk stated no written protests were received. No one was present in this regard. Moved by Allen, seconded by Colburn, the Hearing be closed and it be referred to the City Attorney for further processing. Director of Planning Stockman read the Planning Commission's recommendation to approve the closing subject to granting of easements. The Director of Planning stated the easements were granted. Motion carried by unanimous vote. Resolution No. , "Resolution authorizing execution of order to vacate and close portion of 23rd Street between Wilson Avenue and Montgomery Freeway," was presented. Moved by Allen, seconded by Colburn, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9073, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AiD CLOSE PORTION OF 23RD STREET BETWEEN WILSON AVENUE AND MONTGOMERY F EEWAY." Moved by Allen, seconded by Colburn, the Resolution be adopted. C?.:ried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Megan, Gautereaux. Nays: None. MAYOR GAUTEREAUX reported further on the Transit matter: progress was made relative to the MART Committee and to the City of San Diego's Task Force Committee; a report was made by the San Diego Task Force Committee recom- mending to the City of San Diego they purchase the San Diego Transit System and amend their Charter to set up a non-profit structure for this purpose; they, in turn, would enter into contracts with the cities of the Metro- politan area served by transit on a per mile cost basis. The Mayor said if the City of San Diego did acquire this system, it would only accommodate the first probelm of transit on the short range of bus transit; the Legislature provided an Enabling Act by which a District could be set up for Metropolitan San Diego and this, in its terms, was supposed to be the solution for long range transit in an area of mass rapid transportation. The Mayor continued there was an area where a consolidation of opinion should be brought into focus and a comprehensive plan developed to be submitted to the electorate, possibly in June and possibly another in November. Mayor Gautereaux said Supervisor Boney responded to the call of being mediator between the two agencies; the County does not have a plan, only a pending bill which would enable the County to set up a Transit Authority under the Mills Bill; the County did not intend to get into the transit business unless all other methods failed. The Mayor stated the groups were working together to bring about a solution to serve the people best and to which the cities and their representative bodies can agree. 2/15/66 T 108 E. H. ALSDORF, 2105 J Avenue, was present, and said there was a need for public transportation; he read in the newspaper El Cajon had gone along with Mr. Honey's plan; he would like to see something done. ELMER NIEDERFRANK, 714 F Avenue, Past Chairman, Chamber of Commerce City Beautification Committee, was present and stated the Committee desired to provide the entrances to the City with appropriate welcome signs, the Committee designed and ordered 20 signs which were being erected by City crews. Mr. Niederfrank presented one of the signs to Mayor Gautereaux. Mayor Gautereaux recommended the Council recognize the Committee for their outstanding job. Moved by Morgan, seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. $213,593.63** BILLS AUDITED BY THE FINANCE COMMITTEE in the amount of $$BtXWQ : (General Fund, $11,609.91; Traffic Safety $136.60; Park, $376.91; Sewer, $99,602.12; Civic Center, $216.00; Bond Fund 9A, $90,769.27; Retirement, $10,882.82), were presented. Moved by Allen, seconded by Colburn, 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. CITY MANAGER OSBURN reported, in regard to standby ambulances under Ordinance 1122, there could be a need for more than three ambulances in the City at one time, and recommended ambulances for each company be licensed at $50.00 for the first ambulance, and each additional ambu- lance be licensed at $4.00. Moved by Hogue, seconded by Colburn, the City Manager's recommendation be approved. Councilman Hogue questioned the meaning of "standby" ambulances. The City Manager stated it meant bringing in an ambulance from out of the City when needed in addition to the one on their premises. Vice Mayor Alien suggested a limitation be set. Councilman Colburn stated the City Manager's recommendation would require each company to pay a $50.00 fee; the $4.00 fee would allow the ambulance companies to bring in vehicles closest to the City in case of an emergency and would also eliminate problems when the regular ambulance was under repair. Mayor Gautereaux suggested the Council arbitrarily limit the number of standby ambulances to three and any ambulances over that number be charged the regular license fee. Council- man Morgan stated in an emergency it would benefit the people of National City to have no limit on the number of ambulances. Don Freeman, Attorney fc:- Acme Ambulance Service, was present, and stated the problem would never be one of too many ambulances in the City, but whether or not there would be enough in case of an emergency; the cost of the vehicles and personnel would tend to limit the total; the Ordinance was regulatory rather than for the purpose of revenue; other business* fees were based on their gross and this would be fair to ambulances. Mayor Gautereaux said if there was a necessity for more than two standby ambulances, the operator would not be engaging in standby business but would be in business and the City would be entitled to the full fee. Councilman Morgan inquired if the ambulance companies would object to the $50.00 fee plus $4.00 for each additional ambulance. City Manager Osburn stated whether they agreed or not $50.00 was the amount set and other cities charged the same rate. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mr. Freeman referred to his letter of January 27th to the City Council in regard to the City's policy of dispatching police ambulances, and asked if the Council con- sidered the matter. The City Manager said he would prefer to lay it over. Moved by Hogue, seconded by Morgan, the item be laid over. Councilman Colburn asked if it was the intention of the City Manager to bring a report on the use of the Police ambulance. The Mayor said it would be on the method of dispatching to emergency responses. Councilman Colburn asked if the City Manager would also report on the police ambulance usage, its life expectancy, etc. Motion Carried by unanimous vote. THE MINUTES OF THE LIBRARY BOARD OF TRUSTEES' meeting of February 2nd were presented. Ordered filed by unanimous vote. **Corrected March 1, 1966 I. Minogue 2/15/66 1 109 A COMMUNICATION FROM THE CHAIRMAN, LIBRARY BOARD OF TRUSTEES, expressing appreciation for the establishment of the Library Capital Outlay Fund, was presented. Ordered filed by unanimous vote. THE MINUTES OF THE PARK AND RECREATION ADVISORY BOARD meeting of February 3rd were presented. Ordered filed by unanimous vote. A COMMUNICATION FROM GOVERNOR BROWN'S OFFICE in appreciation of the Resolution endorsing the Governor's 4-point beautification program, was presented. Ordered filed by unanimous vote. A Cct4MUNICATION FROM J. DEKEMA, DISTRICT ENGINEER, DIVISION OF HIGHWAYS announcing a public hearing (Wednesday, March 9) for the purpose of discussing and explaining the proposed widening of Interestate 5 between 0.2 miles south of Sycamore Street, San Diego, and 0.2 miles north of the south city limits of National City, was presented. Moved by Colburn, seconded by Hogue, the communication be filed. Councilman Morgan stated he noticed it did not come to 24th Street, and asked the number of lanes in the improved road. Mayor Gautereaux stated he did not think it was intended to have eight lanes between 24th Street and where the proposed widening would start, but it was a question that should be asked at the hearing. Councilman Morgan suggested the City Manager check into this. Mayor Gautereaux stated it would be requested. Motion carried by unani- mous vote. A COMMUNICATION FROM JOHN GEORGE RONIS, ATTORNEY AT LAW, in regard to general alcoholic beverage licenses in the area of downtown National City, was presented. Ordered filed by unanimous vote. A COMMUNICATION FROM THE CHIEF ADMINISTRATIVE OFFICER, COUNTY OF SAN DIEGO, in regard to preparation of draft legislation for a type of flood control district, was presented. Moved by Morgan, seconded by Alien, the communication be filed. Mayor Gautereaux stated the County Agency offered to be the focal point to bring about a flood control district for the County; the City should have interest in participation in the District because with an integrated program for flood control the City would be qualified for State and Federal assistance. Councilman Morgan stated according to the County plan National City's drainage problem would not qualify for flood control assistance and National City would noT benefit by participating in the plan. Mayor Gautereaux stated City Engineer Foster represented the City two years ago in a total drainage study, and the Council should direct the City Engineer and the City Manager to talk with the County staff relative to whether or not we would benefit from being a part of this program. Councilman Hogue asked if participation would mean taxes from the metropolitan area would be used for flood control throughout the County. The Mayor stated it would if the program was county -wide; it was important to evaluate the benefits to the City; there was at least four million dollars worth of additional drainage work to be done in National City. Councilman Morgan said the County did not recognize drainage as flood control. City Engineer Foster stated the proposal was for the County to set up the Flood Control District for the entire County and bear the administrative costs; the taxes would be divided into districts by drainage areas; it would be worth investi- gating further. Councilman Colburn suggested the Council request the City Manager's office to secure additional information as to whether or not National City's problem would be considered drainage only, or if it would come under flood control. Vice Mayor Allen withdrew his second. Moved by Hogue, seconded by Allen, the matter be tabled until next week. Carried by unanimous vote. THE ARCHITECT'S PROGRESS REPORT for the month of January, 1966 (Civic Center and EOC), was presented. Ordered filed by unanimous vote. A COMMUNICATION FROM FREELAND/BIRD & ASSOCIATES requesting a master station for electric door opener, 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. 2/15/66 110 A COMMUNICATION FROM FREELAND/BIRD & ASSOCIATES requesting facilities in the Council Chambers' P. A. system to accommodate the use of recorders and an additional microphone input, was presented. Moved by Alien, seconded by Morgan, the request be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None A COMMUNICATION FROM THE EXECUTIVE OFFICER TO THE LOCAL AGENCY FORMATION COMMISSION in regard to the San Diego Transit District, was presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported a section in Ordinance 1122 would not permit licensing of any person either convicted of a felony or who was released from prison in the last two years, and recommended it be changed to provide for exemption by the Council on the recommendation of the Chief of Police and the City Manager. Moved by Morgan, seconded by Colburn, the Ordinance be amended by an emergency ordinance. City Attorney Carstens stated it was a personal emergency, not a City emergency; he would caution against an emergency ordinance as it could be challenged and set aside; the best protection for the individual would be to adopt it as a normal ordinance. Councilman Colburn withdrew his second. Moved by Hogue, seconded by Allen, the Ordinance be amended as recommended by the City Manager. Councilman Morgan asked the City Attorney if the individual involved would be able to work while the Ordinance was being amended. City Attorney Carstens stated technically the man could not be granted a permit until the Ordinance was amended. Mayor Gautereaux stated when the Ordinance was amended there would have to be a recommendation from the Chief of Police and the City Manager before the Council had the discretion to make a decision; it would be dangerous for the Council to try to do anything until the Ordinance amendment was in effect. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN stated Ordinance No. 1122 was taken out of the regular business license Ordinance amendments in order to be put into effect by the first of the year, and the penalty clause was omitted. The City Manager recommended a penalty clause be added. Moved by Morgan, seconded by Allen, the Cif Manager's recommendation be approved. Vice Mayor Allen asked the City Manager what effect the Ordinance had on the number of licenses issued to Yellow Cab. City Manager Osburn stated he believed there were only 20 Yellow Cab licenses issued at this time. Motion carried by unanimous vote. CITY MANAGER OSBURN presented a step increase for Leonard Wonder, approved by his Department Head, and the City Manager, and recommended it be approved. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN presented the request of Saint Matthew's Episcopal Church to hold a rummage sale February 18th from 9:00 to 4:30 p.m. in the Church Parish Hall, and recommended the inquest be granted. Moved by Alien, seconded by Morgan, t!?e City Maraoerts recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN reported, in regard to the request for an overwidth driveway at 2830 National Avenue, it had been approved by Engineering and Planning Departments, and recommended approval be granted. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. THE CITY MANAGER stated he was directed to report in regard to the inclusion of an alley between 20th and 21st Street in the proposed 1911 Act improvement, and would like to make the report at the next meeting. Moved by Morgan, seconded by Hogue, the City Manager's request be approved. Carried by unanimous vote. 2/15/66 111 CITY CLERK MINOGUE announced there would be a carnival in Ensenada Sat- urday through Tuesday, February 19-22, and urged all to attend. CITY ENGINEER FOSTER reported (in regard to resurfacing Euclid Avenue from the north City limits to Division Street), to overlay the entire area would cost approximately $4,000.00; to repair only the worst parts would cost approximately 1/3 of that amount; the cost of painting white lines would be negligible. Mayor Gautereaux stated because Euclid Avenue was a major point of entry into the City, it would complement the image of the community if it was repaired. Councilman Colburn inquired if the improvement would require Council action or if the Street Department could just go ahead and do it. Moved by Colburn, seconded by Alien, the City Manager's office be instructed to start necessary procedures to do the repair on the 1/3 cost of the total improvement recommended by the City Engineer. Vice Mayor Alien said he would like a report from the City Manager before the work was started if there would be sufficient money in the Special Street Fund to do the complete job. Included in motion and second. City Engineer Foster said there were different con- ditions of improvement in different areas; the total improvement would be best if there were sufficient funds. Cauncilman Colburn suggested before the improvement was completed (since the north end of the street would go from four lanes in National City to two lanes in San Diego) it go through the Traffic Safety Committee to make sure proper line markings to narrow traffic were included. The City Engineer stated, in answer to Councilman Morgan's question, he did not know when the City of San Diego planned to improve Euclid Avenue; he would endeavor to learn their time schedule on the improvement; the northbound lane would have to be narrowed to prevent a serious pile up of cars. Motion carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's report dated February 14th on the Comprehensive General Plan and Map and recom- mended the report be received, the City Clerk set the necessary public hearing and the report be taken under consideration at that time. Moved by Hogue, seconded by Colburn, the Director of Planning's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUX announced as next Tuesday was Washington's Birthday there would be no Council meeting; the next regular meeting would be March 1st. MOVED BY HOGUE, seconded by Allen, the reeting be closed. Carried by unanimous vote. The meeting closed at 9:08 p.m. OF NATIO L C TY, CALIFORNIA ATTEST: /CITY CLERK /d Li 2/15/66