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HomeMy WebLinkAbout1966 04-05 CC MIN156 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 5, 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, Linn, Osburn, Minogue, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Dr. I. L. Clark, First Baptist Church. Mayor Gautereaux presented a "Key to the City" to Jenelle Kennoyer for her record of achievement and as recipient of the tcp citizenship award, National Girls Clubs, for 1966. Mayor Gautereaux awarded certificates of appreciation for the contribution to Civil Defense Communications for a period of three years, to the following: qilliam Reusite, Daniel Floyd, Vaughn Jyble, Richard Thompson. Mayor Gautereaux awarded certificates for completion of training in explosive reconnaisance and sabotage to Police Lt. Craccolici, Patrolman Devaney, Fire Captain Joyce, Patrolman Crews, and Fire Inspector Hess. Mayor Gautereaux presented "Keys to the City" to Mr. and Mrs. Edward Alsdorf, 2105. J Avenue, in recognition of good citizens who have attended Council Meetings regularly for the last 40 years. Moved by Alien, seconded by Colburn, the minutes of the regular meeting of March 22nd be approved with a correction to the Bills: General Fund $15,776.79, TOTAL $156,348.96." Carried by unanimous vote. RESOLUTION NO. 9098, "RESOLUTION OF COMMENDATION TO JOHN SATE, DIRECTOR OF THE SAND/EGO UNIFIED PORT DISTRICT," was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Allen,Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , resolution opposing proposed constitutional initia- tive to legalize manufacture, sale, purchase, possession and transportation of marijuana, was presented. Moved by Allen, seconded by Morgan, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9094, "RESOLUTION OPPOSING PROPOSED CONSTITUTIONAL INITIA- TIVE TO LEGALIZE MANUFACTURE, SALE, PURCHASE, POSSESSION AND TRANSPORTATION OF MARIJUANA." Moved by Morgan, seconded by Allen, the Resolution be adopted. Councilman Colburn expressed concern the Council was not aware of the full contents of the resolution. Mayor Gautereaux requested the resolution be read. City Attorney Carstens read the resolution. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Councilman Colburn stated resolution may help to encourage stricter regulations and punishment of offenders of our present laws. THE USE DISTRICT HEARING on the proposed zone change from R-1, single family residence, to R-2, two family residence zone, for the area of 175 feet along Cagle, at the easterly extremity to permit the installation of a church was held at this time. City Clerk Minogue stated she had the Certificate of Mailing and the Certificate of Publication. The City Clerk stated she received a petition signed by 40% of the residents within 300 feet of the exterior boundary of the area. The City Clerk read a letter from Oral K. Norton, Pastor, Reorganized Church of the Latter Day Saints, requesting the hearing be continued until April 19th and the request 4/5/66 157 be referred to the Planning Commission for consideration of a conditional use permit. JOSEPH FLORENTINO, 3543 Cagle Street, was present and stated the zoning would create spot zoning; because of dead end streets, dirt roads and children, a traffic hazard would be created; if R-2 zoning was granted other residents will request R-2 zoning. AL O'DAY, 38 Toyon, Chula Vista, Church Building Chairmpan, was present and stated the Church did not want spot zoning, but National City had no conditional use permit clause; the City wanted churches and the congregation could not find suit- able land in R-2 or R-3 zoning. Mr. O'Day stated the traffic should be no problem; there wouldn't be as much traffic to and from their meetings as there would be if a subdivider built homes on the two acres. ROBERT WEST, 3714 Kelly Court, was present and protested the zone change because of spot zoning and increased traffic. KENNETH HOVIS, 1138 Fourth Avenue, Chula Vista, was present and stated the Congregation of the Church was not krge enough to create a traffic hazard; there were 190 people on the church rolls, including children, and of these approximately 50 families were active; probably no more than 30 cars would be on Cagle between 9:00 to 12:30 on Sunday mornings and 8 to 10 cars on Sunday and Wednesday even- ings. Mayor Gautereaux asked the City Attorney (in regard to the request to refer back to the Planning Commission and to continue the hearing) if there was a time limit on continuing a hearing. The City Attorney said they were requesting the ordinance be amended to include conditional use permit; if that was the case, they would have to apply under this proce- dure and continuing of this hearing would not accomplish that; action taken by the Planning Commission would have no bearing; they would still have to make new application; the Council could take action on the zone change either "Aye" or "Nay." Director of Planning Stockman said the hearing could be continued and the matter referred back to the Planning Commission for consideration of amending the Ordinance and they would come back with a recommendation; it would be upgrading of the request for a zone change. Moved by Allen, seconded by Morgan, the hearing be closed and the request of the Pastor be referred back to the Planning Commission. The Mayor said the Council should be guided by the City Attorney; it should be determined as presented at the hearing. Councilman Morgan asked for the Planning Commission's recommendation and said he favored continuing the hearing to April 19th. City Attorney Carstens suggested it be referred back to the Planning Commission and the hearing deferred; there were two separate problems. Councilman Hogue said the hearing should be closed and the re- commendation of the Planning Commission approved. Director of Planning Stockman said the Planning Commission recommended denial of the request; one of the reasons was the increased traffic; she could not say the Plan- ning Commission would think differently in regard to a conditional use permit. Mayor Gautereaux said the petition represented only 40a protests and only two people appeared; he was not sure there would not be better access into the area at a later time; he would be one of the first to recommend overriding the Planning Commission's recommendation; he was against the closing of the hearing and recommended it be continued to the 19th of April. Councilman Morgan said that was his thinking, too. Councilman Colburn asked if churches could only go in R-2 zones and if all churches were in R-2 zones. The Mayor said in the future they could be only built in R-2 or R-4 zones. Motion and second withdrawn. Moved by Hogue, seconded by Colburn, the hearing be closed and the recommendation of the Manning Commission be approved. Councilman Morgan said he would like to follow the Mayor's recommendation and continue the hearing to the 19th of April. Councilman Colburn said some of the protests were valid; the traffic could create a problem; he was sympathetic but if the motion carried and the zoning was denied, as recommended by the Planning Commission, the'next step would be to look into thejchanging of the ordinance to allow churches in R-1 zones. Mayor Gautereaux requested the Planning Commission's recommendation be read. The Director of Planning read the :lanning Com- mission's recommendation to deny the zone change, Mayor Gautereaux called the Council's attention to a map on display; he said the area to the east was virtually undeveloped and the two acres could act as a buffer and lend dignity to a future subdivision to the east; it would be only a short time until there would be different access to the property. Councilman Hogue said he wanted to uphold the Ordinance and the ?lanning Commission and would 4/5/60 158 like the applicants to make new application for conditional use permit; it would accomplish the same thing. Motion failed by the following vote to -wit: Ayes: Colburn, Hogue. Nays: Allen, Morgan, Gautereaux. Moved byNbrgan, seconded by Gautereaux, the hearing be continued until the 19th of April. City Attorney Carstens said it would be possible to close the hearing and defer action until two weeks from now. Mayor Gautereaux recommended that the City Attorneys recommendation be approved. Councilman Morgan said he would not want the hearing closed be-. cause he wanted people to have the opportunity to appear and be heard. Motion carried by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan and Gautereaux. Nays: None. RESOLUTION NO. 9095, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (WILLIAM MONROE AND MINNIE FRANCES SHAW)," was read. Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 90;6, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (ANGEL VALDIVIA AND ESPERANZA DE VALDIVIA)," was read. City Attorney Carstens stated this settlement was made in the amount of $32.50. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. acquisition of by Morgan, the reading of the , resolution amending Resolution 8276 surplus property, was presented. Moved by reading of the resolution be waived and it title only. Carried by unanimous vote. pertaining to Alien, seconded be adopted by RESOLUTION NO. 9097, "RESOLUTION AMENDING RESOLUTION 8276 PERTAINING TO ACQUISITION OF SURPLUS PROPERTY." Moved by Morgan, seconded by Allen, the Resolution be adopted. Motion carried by the following vote, to - wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None. RESOLUTION NO. , resolution scheduling hearing for adoption of Municipal Code and Directing publication of notice thereof, 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 unan- imous vote. RESOLUTION NO. 9098, "RESOLUTION SCHEDULING HEARING FOR ADOPTION OF MUNICIPAL CODE AND DIRECTING PUBLICATION OF NOTICE THEREOF." Moved by Allen, seconded by Colburn, the Resolution be adopted. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9099, "RESOLUTION URGING THE COMPLETION OF COMMUNITY ANTENNA TELEVISION SYSTEM," was presented. Moved by Allen, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Councilman Colburn asked that the Resolution be read. Motion and second were withdrawn. City Attorney Carstens read the resolution. Moved by Colburn, seconded by Hogue, the Resolution be adopted. `'AtidnicblulPhanrequested copies be sent to the cities in San Diego County. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , resolution amending resolution 9003 and setting new bid opening date (1911 Act Improvement Lanoitan Avenue), was pre- sented. Moved by Hogue, seconded by Allen, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9100, "RESOLUTION AMENDING RESOLUTION 9003 AND SETTING NEW BID OPENING DATE (1911 ACT IMPROVEMENT OF LANOITAN AVENUE)." Moved by Hogue, seconded by Colburn, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 4/5/66 159 RESOLUTION NO. , resolution rescinding resolution 9004 and adopting wage scale (1911 Act Improvement of Lanoitan Avenue), was presented. Moved by Hogue, seconded by Morgan, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unan- imous vote. RESOLUTION NO..9101, "RESOLUTION RESCINDING RESOLUTION 9004 AND ADOPTING WAGE SCALE (1911 ACT IMPROVEMENT OF LANOITAN AVENUE)." 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. CITY ATTORNEY CARSTENS presented five resolutions for five separate 1911 Acts, initiated by the City on its own motion. Moved by Colburn, seconded by Hogue, the reading of the five resolutions be waived and they be adopted by title only. Carried by unanimous vote. RESOLUTION NO. 9102, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (8TH STREET, 'L' AVENUE TO HARBOR DRIVE)." Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, -Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9103, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES ('L' AVENUE, 18TH STREET TO 24TH STREET, 20TH STREET, HIGHLAND AVENUE TO 'L' AVENUE, 24TH STREET, HIGHLAND AVENUE TO 'L'• AVENUE)." 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. RESOLUTION 9104, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (PLAZA BOULEVARD, HARBISON AVENUE TO OLIVE STREET)." Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , resolution directing engineer to furnish plans, specifications and estimates (Granger Avenue, 18th Street to 24th Street, 24th Street Granger Avenue to Lanoitan Avenue, 20th Street Granger Avenue to Lanoitan Avenue), Councilman Hogue asked if Van Ness was included. Vice Mayor Allen stated his original motion included 20th Street, Rachael to Lanoitan Avenue; Granger Avenue from 18th Street to 24th Street; 20th Street from Orange to east of the City limits; and from Lanoitan to the east of the City limits. Vice Mayor Allen said Councilman Colburn asked him to include 24th Street west to Lanoitan Avenue. Mayor Gautereaux recommended the item be laid over. Moved by Colburn, seconded by Hogue, the Resolution be laid over. Councilman Colburn asked that Van Ness be included. Councilman Hogue stated the Resolution could include 20th Street from Lanoitan down to Rachael, Granger from 18th Street to 24th Street, Van Ness from 20th Street to 24th Street and complete 24th Street. City Engineer Foster said they would have to get completely new reports, revise final plans and the district maps; there would be debt limitation hearings and these might well be protested out after a lot of work was done on them. Mayor Gautereaux stated that the motion on the floor was to table this matter until next meeting and to include Mr. Alien's original motion.Moved by Hogue, seconded by Colburn, the resolution be amendecl...to include Van Ness.as-well as Mr,. Alien's original motion. Carried by unanimous vote. Motion to lay over, carried by unanimous vote. RESOLUTION NO. 9105, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (COOLIDGE AVENUE, 24TH STREET TO 30TH STREET)." Moved by Colburn, seconded by Morgan, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 4/5/66 160 RESOLUTION NO. 9106, "RESOLUTION ENCOURAGING FAVORABLE ACTION OF THE SAN DIEGO UNIFIED PORT DISTRICT APPLICATION FOR FEDERAL FUNDS," was read. Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: byes: Allen, Colburn, Hogue, Morgan Gautereaux. Nays: None. ORDINANCE NO. , an ordinance amending Ordinance No. 962, Zoning Ordinance of the City of National City (International Horizons, Inc. and Kerch), was presented for the second reading. Moved by Colburn, seconded by Hogue, the reading of the Ordinance be waived and it be adopted by the reading of the title only. Carried by unanimous vote. ORDINANCE NO. 1127, "AN ORDINANCE AMENDIN;S ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY (INTERNATIONAL HORIZONS, INC. AND KERCH)." Moved by Colburn, seconded by Hogue, the Ordinance be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan. Nays: None. Abstaining: Gautereaux. CITY ATTORNEY CARSTENS stated at the last Council Meeting Mrs. Minogue mentioned she had received a request by Alco Fence Company for a recon- veyance of the trust deed which the City holds on the property which Plco Fence purchased; a check for payment in full of the outstanding amount on the second trust deed has been received. The City Attorney said he asked the City Treasurer not to deposit the check and it is in that office, undeposited. The City Attorney reminded the Council he was in- structed to file suit to get the property back from Alco Fence, inasmuch as they had not constructed upon the property. City Attorney Carstens said as there was a lawsuit pending and he assumed the Council was still of the intention to regain the property, he took the liberty of suggesting that the check not be deposited; if the check were deposited, it would affect our legal position; he thought the check should be returned to Alco Fence with an explanation to them. Moved by Morgan, seconded by Allen, the City Attorney's recommendation be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated he was instructed to carry out the Council's wishes on the Cal Maid property in regard to the sale to Roger Ring; during the meeting there was discussion and tie Council acted to increase the subordination; the minutes indicated the present trust deed was subordinated to $100,000, whereas, in fact, there was $70,000 subordinated. The City Attorney suggested the Council confirm the $120,000 subordination, merely recognizing the fact it was initially $70,000 instead of $100,000. Moved by Hogue, seconded by Allen, the motion made last week be voided because of the error in information. Carried by unanimous vote. Moved by Allen, the transaction be consummated and the City Attorney be directed to consum- mate the transaction with the new found figures. Mayor Gautereaux explained that the Council granted a $120,000 subordination, nothing has changed in those figures, but Mr. Carstens was pointing out the inaccuracy of the informationof the amount of the existing subordination, and suggesting the Council identify and confirm that Mr. Carstens made the information clear and the transaction be authorized relative to approval of the $120,000. Vice Mayor Allen withdrew his motion. City Attorney Carstens stated he brought this up because the bank or lending institution will request the City to sign the subordination agreement for $120,000, and the Council should be aware of the amount. City Attorney Carstens suggested the motion be amended to have the Council authorize a subordination of $120,000 from $70,004 instead of the $100,000 as was represented last week. Moved by Allen, seconded by Colburn, the City Attorney's recommendation be approved. Councilman Hogue asked if this meant adding $50,000 and if something happens that they were to renege or default and we had to foreclose and take this back, would we be adding $50,000 to the amount of money to get that property back. The City Attorney answered that we would get the property back with- out payment, but there would be $50,000 more in the first trust deed that is outstanding.. Mayor Gautereaux stated the City has approximately $27,000 outstanding in their trust deed; the property has been appraised conserva- tively at $208,000 and a lender will loan approximately 60% of the appaised value. Vice Mayor Pilen stated there was a third trust deed on the property which was more or less of a guarantee this man will not chance the City's 4/5/66 161 foreclosing and kicking his third trust deed off. Councilman Hogue stated that he called three real estate agents today and explained all this to them and they told him, "Bail out, Bill,"; after hearing that he was "bailing out." Councilman Colburn stated if the present occupant failed and was in default of his payments, the City had the opportunity of stepping in and taking the property back, but at that time could either pay off the indebtedness, make payments, sell, or lease it to some other person and still make the payments. Mayor Gautereaux stated Mr. Ring was not about to let the City take back this property for a mere $27,000. Mr. Colburn stated he did not feel we were stuck with paying this money, unless the City took it back and couldn't find someone to sell or lease it to. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hogue, Morgan. CITY ATTORNEY CARSTENS reported receipt of a letter from Assemblyman Donovan touching on AB 121; a section of which added to the government code to enable general law cities with elected mayors (such as National City) to provide for additional compensation for the Mayor; the Bill was passed by the Assembly and was before the Senate now for approval; it appeared the Mayor will be able to receive additional compensation four years from now. COUNCILMAN COLBURN requested the Council support an amendment to the Civil Service Ordinance covering temporary employees who take competitive exaii- inations to fill a vacant position under Civil Service. Moved by Colburn, seconded by Morgan, the City Attorney study the Ordinance with a view to amending it to allow employees hired on a temporary basis to be placed on permanent status, if approved by the Department Headl City Manager, Civil Service Commission and the Council. Carried by unanimous vote. COUNCILMAN MORGAN stated a wholesale business would like to buy property on Highland Avenue, between Second and Third, and asked City Attorney Carstens if the Council could, with the approval of the Planning Commission, re -zone this, or would it be spot zoning and in conflict with Ordinance. City Attorney Carstens said he hesitated to give an opinion on it as he wa.s not familiar with the territory and the zoning of the surroundings; it was within the province of the Planning Commission to determine whether or not it was spot zoning and they would consult with the City Attorney if there was any particular problem. Moved by Morgan, the City Attorney report on this question next meeting. City Attorney Carstens asked if actual application had been made to the Planning Commission on this matter and Councilman Morgan replied that an application would be on file if this business could get zoning approval. The Mayor ruled Councilman Morgan out of order. Mayor Gautereaux stated zoning required certain steps and if Council acted prematurely they could be challenged as to a prejudicial position; these people should come in, make proper application, go through the proper zoning procedures and if the Planning Commission needs legal counsel, they should ask for it. Councilman Morgan stated any member of Council had a right to ask the City Attorney for any ruling desired; he was not overriding the Planning Commission; he wanted to know if the zoning was legal. Mayor Gautereaux suggested he communicate with the City Attorney. COUNCILMAN MORGAN stated he checked on the matter of the Lincoln Acres sewers; most people were going to have from $850 to $1200 worth of bonds on their property plus the cost of $200 to $4500 to hook up. Mayor Gautereaux asked Mr. Osburn how the report the Council authorized him to make as to the possibility of relief the Council might grant was progress- ing. City Manager Osburn stated the only cost known now is per acre feet and the balance will not be known until the assessments were known. Councilman Morgan asked if Council intended to pay a portion of the bonded indebtedness against these properties, or the hook-up charge. Vice Mayor Allen stated possibly the monies saved by closing the two pumping stations could be used to help; the figures would have to be known before the City Manager could study and make a recommendation. 4/5/66 162 MAYOR GAUTEREAUX reported there were two vacancies on the Park and Recrea- tion Advisory Board: Mrs. Kitigawa and Mr. Melillo. The Mayer said he would appoint, with the Council's approval: Wilford Escalante and Fred Coppens. Moved by Morgan and seconded by Alien, the Mayor's recommendation be approved. Councilman Hogue stated he thought the policy was to delay these appointments one week. Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux also requested certificates ofappreciation for Mr. Melillo and Mrs. Kitigawa. Moved by Morgan, seconded by Alien, the request be granted. Carried by unanimous vote. MAYOR GAUTEREAUX recognized candidates present in the audience: Mrs. Jessie Hobbs, B. J. Gautereaux, Henry L. Mounteer, Bobby J. Worthy. and Barney Melillo. MAYOR GAUTEREAUX stated, with the Council's approval, he would proclaim the Week of April 3 - 9, 1966, as "Chamber of Commerce Week" in National City. Moved by Allen, seconded by Morgan, the Mayor proclaim "Chamber of Commerce Week." Carried by unanimous vote. MAYOR GAUTEREAUX stated, with the Council's approval, he would proclaim the Week of April 17 - 23, 1966, as "National Library Week." Moved by Allen, seconded by Morgan, the Mayor proclaim "National Library Week." Carried by unanimous vote. MAYOR GAUTEREAUX reported receipt of a request from the National Director of Public Information the Week of April 11 - 17, 1966, be proclaimed as "Sub- marine Week." Moved by Allen, seconded by Morgan, the Mayor proclaim "Sub- marine Week." Carried by unanimous vote. Moved by Allen, seconded by Colburn, a copy of the proclamation be sent to Submarine Flotilla One. Carried by unanimous vote. were MAYOR GAUTEREAUX reported hs atd s�uncilman Hogue/representatives on the South BayWater Committee wingto the / regardpreliminary feasibility study prepared by Leeds, Hill and Jewett on municipal ownership of General Tele- phone and California Water and Telephone. The Mayor said the committee approved the report with a few minor changes and it was unanimously adopted by the committee by each of the member agencies and authorization for printing was given to Leeds, Hill and Jewett. Mayor Gautereaux asked for concurrence of the Council, moved by Allen, seconded by Morgan, the preliminary report be approved as recommended. Carried by unanimous vote. MRS. CLARA PAYSINGER, 1334 K Avenue, was present and submitted a "petition" dated April 5, 1966, signed by Clara E. Paysinger only, requesting the Council to direct the City Clerk to adhere tc the election laws for ser- vicemen and not restrain him or apply other absent voter restrictions to the war voter nor exclude him from those entitled privileges that benefit every absent voter. She then requested that the City Attorng read the "petition" into the record. The Mayor asked the City Clerk/read the letter. Moved by Allen, seconded by Morgan, the City Clerk read the letter. Carried by unanimous ite•Ar eylerk Minogue read the complaint. Councilman Morgan asked/Ct o arstens the last date a serviceman's ballot can be received to be counted in the election returns; Carstens reported that it was 5:00 p.m. the day. before the election. Mrs. Paysinger asked that the City Attorney look. this information up in the'gar Voters Rights. City Attorney Carstens said there should be no further problem, as the City Clerk had done her best to rectify the mistake. TOM LEONARD, 2740 Lincoln Court, was present and suggested, in regard to the sewer district in the Lincoln Acresarea and the assessment against property owners, the Council authorize the payment for the installation. Moved by Allen, seconded by Colburn, a copy of Mr. Leonard's request be sent to the Finance Committee for review. Councilman Colburn asked if the City had not authorized the County to include these properties for this sewer district would the County have come in and created a district. Mayor Gautereaux stated in effect that is what did happen. Councilman Colburn stated particular emphasis should be placed on the protest of the large figures involved and the residents should protest the whole .thing out and let the County residents remain on septic tanks and the National City residents start working again towards the creation of sewers. Mayor Gautereaux said those particular hearings were held and that was not the 4/5/66 163 result; it was not protested out- and'that is why it is proceeding. Moved by Allen, Seconded by Colburn, the motion be amended to read that a copy of Mr. Leonard's request be sentAo the City Manager for review at Budget time. Carried by a unanimous vote. WAYNE BROWN, 1146 Delta Street, representing National City ?'olice Depart- ment, was present and read a letter regarding pay for Police Officers. Mr. Brown said there were figures available justifying the request for salary increase and he would make these figures available to the Council at their convenience. Moved by Morgan, seconded by Allen, these figures be turned over to the Finance Committee. Carried by unanimous vote. MR. GROBE, 35 East Fifth Street, was present and asked what could be done to open a closed 10 foot alley ctiay behind his home. City Engineer Foster stated he would report later in the meeting and Mayor Gautereaux deferred the matter until that time. MAYOR GAUTEREAUX called a recess. The meeting recessed at 9:52 p.m. MAYOR GAUTEREAUX called the meeting back to order at 10:12 p.m.. Council members present: Allen, Colburn, Hogue, Morgan, Gaatereaux. Council members absent: None. MR. FRANZ NEFF, Valley Farm Dairy, 2010 Sweetwater Road, was present to protest inclusion in the Lincoln Acres Sewer District as he was already hooked up to the City sewer. HELEN LAMB, 441 East Seventh Street, South Bay Historical Society, was present and expressed appreciation for the cooperation given the Society in the conservation of historical documents, data and artifacts within the City of National City. Mrs. Lamb stated that the Society was having a membership drive presently; the dues were $2.00 per year for an individ- ual, $5.00 per year for companies. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $64,129.21 was presented. Moved by Allen, seconded by Colburn, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit; ryes: Allen4,1/Co1burn, 'Hogue;. ?torgan, Gautereaux, Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE Were presented: General Fund $ 13,654.38 Trust and Agency 1,893.89 Park 840.59 Retirement 5,621.03 Trust and Agency 50.00 Special Street 678.82 Drainage 438.77 Sewer 964.44 Civic Center 616.01 TOTAL $ 24,757.93 Moved by Alien, 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. MOVED BY COLBURN, seconded by Hogue, to permit the South Bay Historical Society to go through the present City Hall and go over the existing fur- nishings before they are sold, and check the value of the furnishings fcr anything that might prove worthy of restoration or be included in the Society's antique history of the City. Carried by unanimous vote. CITY ENG]N EER FOSTER reported in regard to the possibility of using Gas Tax Funds to improve Coolidge Avenue if continued south into the industrial area. City Engineer Foster stated Coolidge Avenue was not included in the select system of streets as apprcved'by the Highway Commission and therefore 4/5/66 164 was not eligible for Gas Tax expenditures; the City could apply to the Highway Commission to include this street, but it would take four to five months. Vice Mayor Allen asked if this was one of the 1911 Act resolu- tions adopted tonight." Mayor-Gautereaux said it was, but Mr. Morgan requested the report because of possible extension into the new industrial area that is being annexed; and recommended the Council consider attention be given to this particular street in the select system. Moved by Colburn, that Coolidge Avenue be included on theselect system available for gas tax monies. The City Engineer said the City had more streets to improve than there was money. Motion died for lack of second. CITY MANAGER OSBURNsaid in regards to the requested report on details of proposed sale of land to Webster Pontiac, he had not completed his research and requested permission to give it at the next meeting. Moved by Hogue, seconded by Colburn, the City Manager's request be approved. Carried by unanimous vote. A communication from T. M. Heggland, Chief Administrative Officer, County of San Diego, in regard to amendment to Flood Control District (AB 101) to eliminate 20 tax rate was presented. Ordered filed by unanimous vote. A Communication from Imperial Constant Communication, Imperial Beach, requesting support of Council in their request for certificate of conveni- ence and necessity for operating a radio common carrier system was pre- sented. City Manager Osburn stated he did not see any direct benefit to the City of National City but the Council might want to support the City of Imperial Beach. Moved by Allen, seconded by Colburn, to support Imperial Beach in their request for certificate of convenience and necess- ity for operating a radio common carrier system. Carried by unanimous vote. THE CITY CLERK reported the result of opening of sealed bids for the con- struction of "A" venue 12th Street to 14th Streetiand stated she had the Certificate of Posting the Advertisement for Bids and the Certificate of Publication; four bids were received, with the results a.s follows: Griffith Company, $25,256.24; R. E. Hazard Contracting Company, $25,825.91; Sim J. Harris Company, $28,133.00; V. R. Dennis Company, $38,842.95. City Manager Osburn recommended the contract be awarded to the low bidder, the Griffith Company, and all other bids rejected. Moved by Hogue, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Moved by Alien, 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. 9107, "RESOLUTION OF AWARD OF CONTRACT, "A" AVENUE CONSTRUC- TION, 12TH STREET TO 14TH STREET, SPECIFICATIONS NO. 712." Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Pyes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A communication from the Lions Club of National City requesting permission to hold their annual 4th of July celebration July 3rd and 4th within the general area of the Bowl and easterly portion of Kimball Park, and for participation in the cost of fireworks was presented. Moved by Mcrgan, seconded by Colburn, the request be granted. Councilman Hogue stated last year the area was much too crowded and suggested the Lions Club expand the area of the booths. Mayor Gautereaux stated before the Council approved the request, safety and congestion should be 1.0a ondition. Moved by Hogue, seconded by Gautereaux, the motion be/to znc de the City Manager meet with the Lions Club and discuss the problem of congestion to see if it might not be eliminated. Carried by unanimous vote. A communication from John W. Gilmore, South Bay 'plaza Shopping Center, requesting approval of a free Kiddies Circus as a sales promotion, April 6 - 8, 1966, was presented. Moved by Hogue, seconded by Colburn, the r west for approval of a free Kiddies Circus as a sales promotion, Ppril 6 - 8, 1966 be granted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 4/5/66 165 A communication from Walter Hahn, Jr., Assistant City Manager, City of San Diego, in regard to the scheduling of improvement of Paradise Valley Road, was presented. Moved by Allen, seconded by Colburn, the communica- tion be filed and the City Manager be instructed to keep the Council informed of any changes in•the statistics. Carried by unanimous vote. A communication from Senior Class President and Secretary, Sweetwater Union High School, requesting the use of Kimball Community Building, Ppril 23rd for a senior breakfast, was presented. Moved by Hogue, seconded by Colburn, that the request be granted. Carried by the following vote, to -wit: Pyes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: Nc ne . A communication from Pnderson Borthwick, San Diego Committee for Vital Water, in regard to propositions "V" and "W", June 7th primary election, was presented. Mayor Gautereaux recommended that a resolution be adopted by the Council in support of propositions "V" and "W". Moved by Alien, seconded by Hogue, the Mayor's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN presented partial payment No. 11, Civic Center, in the amount of $89,768.68 for the Month of March; approved by the rrchitect and the Contractor and recommended it be paid. Moved by Colburn, seconded by ''ilen, that the payment be made. Carried, by the following vote, to - wit: Pyes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN presented Change Crder No. 5, Civic Center, consisting of ten items; total amount, $1,455.79; and recommended it be approved. Moved by Allen, seconded by Colburn, the Change Order be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from Mrs. Guerrini, Chairman of the Park and Recreation Advisory Board, requesting that two members of the Park and Recreation Advisory Board and the Director of Planning be allowed to visit two cities to see beautification projects now in progress and to learn the route to follow for matching funds; the cities to be visited are Fairfield and San Rafael; estimated cost of the trip is $200.00. The City Manager recommended it be approved. Moved by Hogue, seconded by Allen, the City Manager's recommendation be approved. Mayor Gautereaux stated the San Diego Unified `wort District was thinking of beautification of our tidelands and one of the Port Commissioners was going on this tour; the Port Commission was interested in beautifying the industrial tidelands in all of the cities within the Port District. Mayor Gautereaux recommended those concerned with beautification of our City contact the staff of the San Diego Unified Fort District as to their plans for our tidelands and cooperate with them. Director of planning Stockman reported that she would meet with Mr. Reupsch of the Port District on Friday and would bring back detailed plans to the Park and Recreation Advisory Board. Motion carried, the following vote, to -wit: Pyes: Pile, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN reported receipt of a letter from Mrs. Guerrini, Chairman of the Park a.nd Recreation Advisory Board, addressed to the Mayor and City Council, recommending the portion of El Toyon Park planted with trees received from Kiwanis be referred to as "Kiwanis Grove." Moved by Allen, seconded by Morgan, the recommendation be approved. Carried by unanimous vote. COUNCILMAN HOGUE asked how far along the dedication of the mall honoring Hamilton Stewart was. City Manager Osburn said a fountain was planned and it is in progress. CITY MANAGER OSBURN reported receipt of communication from the Park and Recreation Advisory Board stating that in cooperation with the Kiwanis Club and Chamber of Commerce they would like to have the dedication of the Kiwanis trees in El Toyon Park on April 13, 1966 at 2:00 p.m. Moved by Morgan, seconded by Alien, the request be granted. Carried by unan- imous vote. 4/5/66 166 CITY MANAGER OSBURN presented the minutes of the South Bay Irrigation District meeting of March 8, 1966, and recommended they be filed. Ordered filed by unanimous vote. CITY MANAGER OSBURN presented the application of "A" Cab Company for the licensing of three additional vehicles and the certificate of insurance which was approved by the Manager's Office and the City Attorney. Moved by Colburn, seconded by Alien, the licensing of three additional vehicles for the "A" Cab Company be approved. Carried by unanimous vote. CITY MANAGER OSBURN presented a Certificate of Insurance from the Wilshire Insurance Company covering Bernard S. Mills and Thomas G. Bemis, approved by theA,City Attorney and City Manager's Office; and recommend it be filed. Ordeefiled by unanimous vote. CITY MANAGER OSBURN reported receipt of a communication from the San Diego County 'rater Authority showing the amounts of water in storage and the average monthly water delivery and recommend it be filed. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of a communication from the San Diego Local Agency Formation Commission in regard to the proposed formation of the "San Diego County Transit District" (copies of which were referred to the Mayor and to the City Manager); a communication from Joseph Rindone, District Superintendent, Sweetwater Union High School District, regarding Resolution No. 9074, urging continuance of impact aid to schools; a commun- ication from the Division of Highways, enclosing the Budget Proposal for Engineering Funds for the 1966-67 Fiscal Year; a copy of the State Compen- sation Insurance Fund 1965 Annual Report and Financial Statement; a commun- ication from the United States Conference of Mayors in regard to the 1966 Annual Conference of Mayors,. June 11-15; and Hydrology Report, 1964-65 Season, San Diego County Department of Special Districts; all of which wouldbe on file in her office. CITY ENGGINEER FOSTER reported on the alley about which Mr. Grobe inquired. The City Engineer displayed a map showing the area of National Avenue, Fourth, Fifth, and Lantana Drive. The City Engineer said there were two subdivisions on this property; one of them dedicated the whole alley and the other dedicated half.of the alley; the people who own lots 16 and 17 have been occupying the entire alley for some time; the Grobe's are unable to use the alley back of their property because it's fenced off. The City Engineer said four or five years ago it was requested this alley be closed and at that time it was determined because of drainage and because the utility companies had poles in the area, not to entertain any further ideas of closing it. City Engineer Foster asked how far the staff should go and what action should be taken. MR. GROBE stated he was told the alley was dedicated and petition to close it was denied; he should have access to the back of his property. Moved by Morgan, seconded by Allen, the City Manager be authorized to get a title report a.nd turn the title report over to_the City Attorney for recommendation. City Engineer Foster stated you cannot pass through the entire alleyway because to the rear of lots 9, 10 and 11 it is paved and then it drops off rather steeply; he didn't know if the alley was ever open to public travel but it did appear there is at least a 10 foot alley there. Councilman Hogue stated that the Grobe's wanted only to build a fence and hoped that the Council could expedite the matter. Carried by unanimous vote. CITY ENGINEER FOSTER stated he wanted to bring up the matterof the South- land Subdivision Tentative Map; the City Engineer's office made recommen- dations at the time it went to the 'Tanning Commission, but since then they have looked into it further and have a further recommendation: that Coolidge Avenue as it extends south from 30th be 80 feet wide and from the point that 33rd goes east to National from Coolidge, that that also be an 80 feet wide street; the owner has agreed itwould be proper. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission recommended approval of the annexation of the National City Airport Annexation subject to the area being deleted from the Lower Sweetwater Local Fire District. 4/5/66 167 Moved by Allen, seconded by Morgan, the recommendation of the'City Planning Commission be approved and be referred to the City rttorney for further process. Mayor Gautereaux recognized Mr. McCrary, Southland, who was present in the audience, and said the City could be grateful to Mr. McCrary who was chiefly responsible for encouraging the present owners to buy this property, develop it and annex it to the City of National City. Mr. McCrary said he would not have been able to get as far as he did on the project with- out Council's support. Motion was'carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported in regard to the Tentative Subdivision Map, Southland Industrial Subdivision (area located between the Railroad property adjacent to Interstate 5 Freeway and north of the proposed Sweet- water Channel; Owner and Developer - Southland Industrial Park, Southland Savings and Lean Association of Pacific Beach; engineer - Edwards, Craig, Bartels and Bulthuis, of San Diego) the Planning Commission recommended approval of the tentative subdivision known as Unit No. 1 according to the map presented for Southland Industrial Subdivision located on the National City Airport property; and that the cul-de-sac accomoda.te large trucks turning around, to be accomplished with an 80 feet right-of-way. The Director of Planning recommended the Council approve the tentative sub- diviSion map, so we can proceed with the preparation of the final map. Moved by Allen, seconded by Colburn, to approve the recommendation df,the Planning Commission and the Director of Planning. Councilman Hogue asked: if they planned to tnprove the right-of-way of the freeway or flood channel. Dis- cussion foilbwed. Mr. McCrary stated, in reference to the proposed channel, they have voluntarily agreed to work around that for a reasonable length of time to see where the money is appropriated; this being a joint deal between the Army Engineers and the Highway Department, one couldn't go without the other; until the money was allocated for the flood channel, in his opinion, it was just conversation; this could come any time, but they are willing to work around it without fill, recognizing the proposed channel area monies wouldcome from the local authorities for acquisition of the land, but money for the improvements would have to come from the Army Engineers; they made no commitment as far as the right-of-way is concerned of the proposed freeway. Councilman Hogue asked if Mr. McCrary would be opposed to the Council's sending the map to the State Highway Department.(kbirector of Planning stated it was submitted to the State Department of Highways. Mr. McCrary stated it would be inconsistent to spend $4,000 a day down there and not be able to use the property. Councilman Hogue stated he wanted to be sure they would not come back later and say that the City permitted an increase in the value of the property. Director of Planning Stockman said it could be worked out in the details of the final map. Mr. McCrary stated they were going to proceed with their engineering working in con- junction with the City Engineering Department; past experience with the State is any restrictions they would put on this land without condemnation of property would be a depression of property. Motion carried by the following vote to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: Hogue. DIRECTOR OF PLANNING STOCKMAN stated that she had an application for zone variance, #Z-29, by Standard Oil Company at 8th and Palm Avenue, requesting removal of the existing sign of 25 feet for installation of a larger sign. Mrs. Stockman said the Planning Commission recommended approval. Moved by Allen, seconded by Colburn,the recommendation be approved and referred to the City Attorney. Carried by unanimous vote. MOVED BY ALLEN, seconded by Morgan, the meeting be closed. Carried by unanimous vote. The Meeting closed at 11:40 p.m. ATTEST: CITY CLER:.