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HomeMy WebLinkAbout1965 12-28 CC MIN55 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 28, 1965 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: Foster, Huffaker, Minogue, Osburn, Stockman, Deputy City Attorney Todd. The meeting was opened with salute to the Flag, followed with invocation by Vice Mayor Allen. 9045* RESOLUTION NO. WA, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Jacqueline Oldham)" was read. Moved by Allen, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux commended Jacqueline for her services as a candy striper at the Paradise Valley Hospital, and her contribution to her school and community and presented her with an award. Moved by Hogue, seconded by Allen, the minutes of the regular meeting of December 21st be approved. Carried by unanimous vote. 9046* RESOLUTION NO. , "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Norman D. and Marjorie T. Stage)" 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. COUNCILMAN HOGUE said the "Guide to Legislative Procedure in California Cities", adopted by the City Council states in Section 7B, item (c), 'Motion to Table: Purpose is to temporarily by-pass the subject. A motion to lay on the table is undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be 'taken from the table' at any time prior to the end of the next regular meeting." Councilman Hogue asked Deputy City Attorney Todd if this meant to take a motion off the "table" it would have to be brought back before the end of the next regular meeting. The Deputy City Attorney said it might be brought up; but if a motion was "tabled" at an earlier date, it would not prevent a new motion from being made. Councilman Hogue asked if a motion to table contained stipulations, could it also be brought before the Council at anytime. The Deputy City Attorney said that if there were stipulations in a tabled motion, the stipulations would have to be met before it was brought up again. Councilman Hogue said he thought the Council was in error last week in bringing a tabled motion off the table. Mayor Gautereaux recommended it be referred to the City Attorney for a study of the minutes for a report next week. Councilman Hogue said he felt it was necessary to determine if a motion was tabled with stipulations; could it be brought off the table before the stipulations were met. Deputy City Attorney Todd said he thought the contingency would rule, his interpre- tation was the stipulations might take it outside the strict terms of motion to table. Moved by Morgan, seconded by Allen, the Mayor's recom- mendation be approved. Mayor Gautereaux said rules of order were guidelines to use in the conducting of Council meetings; to provide orderly handling of meetings and the intent was not to preclude the Council from acting, or not acting. The Mayor recommended the report include what the restrictions of these guidelines to the Council are. Carried by unanimous vote. E. H. Alsdorf, 2105 J Avenue, was present and stated when a motion was tabled there were no stipulations; if a motion requires a stipulation,action should be postponed; he thought the Council some- times acted too quickly on matters. THE BUSINESS LICENSE CLERK'S report in regard to the Maude Erwin Cat Foundation in relation to Ordinance was presented. Moved by Allen, seconded by Colburn, the Business License Clerk's report be approved. 12/28/65 *Corrected January 4, 1966 56 Councilman Hogue asked if this meant the City was stuck with the Cat Foundation. Director of Planning Stockman said Ordinance No. 891 pro- hibits the keeping of more than three cats and the Planning Commission issued a permit for 4 months for the Foundation. Mayor Gautereaux said the Planning Commission had the right to grant permission beyond the three -cat limit for a period of 120 days. Mrs. Stockman said the Planning Commission gave the Foundation the temporary permit to give them time to find a permanent location. The Director of Planning said she inquired as to what requirements the City of San Diego had for non-profit organizations: they require a Financial Report be provided to the City Manager and City Attorney; 80% of the funds accepted have to be used for the project; 20% can be used as operating or administrative expenses. Mayor Gautereaux stated the Council should take immediate action to revise Ordinance 891 which gives the Planning Commission control of the permits. Councilman Morgan asked the Director of Planning if the Planning Commission would grant extension to the foundation. Mrs, Stockman said she could not answer for the Planning Commission but she would not grant extension unless the structure were brought up to standard (connected to the sewer, etc.). Carried by unanimous vote. Moved by Allen, seconded by Morgan, the City Attorneys Director of Planning, and City Manager review Ordinance No. 891, and put the necessary restrictions in it so we will not have this type of organization in the City of National City, and other things in the Ordinance that are decadent oe brought up to date. Councilman Colburn asked if the motion was not discriminatory and would preclude anyone from being in business; for example, if the structure was built to the same specifications as a veterinary's and the zoning was proper could they operate this kind of business. Mayor Gautereaux said the intent of the Council was to preclude the intent to house large numbers of animals. (Deputy City Attorney Todd left the Council Chambers.) Councilman Colburn said he hoped Council would consider changing the motion to allow people who comply with strict regulations on the building of such a shelter to house animals if they are willing to go to this expense. (Councilman Morgan left the Council Chambers.) Vice Mayor Allen said his motion stated the Ordinance be brought up to dater he would include the people who study the Ordinance if they saw fit to include Councilman Colburn's suggestion. (Councilman Morgan returned and took his place at the meeting.) Mayor Gautereaux said it would be too time consuming; it would be better to make such a study after the Ordinance was revised. E. H. Alsdori=, 2105 J Avenue, spoke against permitting the Foundation for cats within the City Limits. Motion carried, by the following vote, to -wit: Ayes_: `Allen* Colburn, Hogue, Morgan, Gautereaux. Nays: None. Moved by Hogue, seconded by Allen, the Council recommend the Planning Commission deny any 4-month,, extension to the Cat Foundation. Carried by unanimous vote. AN APPLICATION for person -to -person transfer of on -sale general beverage license by Arnold Lawerence and L, Cecile De Haan, dba 21 Club, 21 05 National Avenue, was presented. Moved by Allen, seconded by;lburn, the application be filed. Carried, by the following vote, to -wits' Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. A COMMUNICATION FROM SUPERVISOR HENRY A. HONEY in regard to the area known as the "Duck Pond" was presented. Ordered filed by unanimous vote. A COMMUNICATION FROM F. J, MOREY, Assistant Chief Administrative Officer, County of San Diego, in regard to a meeting ( The meeting will be held - at 1:50 p.m., Board: of Supervisors Chambers, County Administration Center, January 10, 1966.) to consider the undertaking of a program to :avoid flood control problems was presented. The City Manager recommended the City Engineer and City Manager attend the meeting, Moved by Hogue,. seconded by Morgan, the City Manager's recommendation be approved. Carried by unanimous vote. Mayor Gautereaux said he hoped members, of the Council would attend also. A COMMUNICATION FROM THE CITY CLERK OF EL CAJON in regard to the resolution requesting the Board of Supervisors to establish a crime laboratory was presented. Ordered filed by unanimous vote. 12/28/6S 57 A PROPOSAL FROM FREELAND/BIRD ASSOCIATES to perform professional services necessary for the design layout, furniture selection, and preparation of contract documents necessary to receive competitive bids for the interior furnishings and equipping of the new Civic Center, compensation on an hourly basis in the amount of 2.5 times actual labor for personnel and $15 an hour for the principal's time, was presented. City Manager Osburn stated they are willing for the use of City Staff and recommended approval of the proposal. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Councilman Hogue asked what the total estimated cost would be. City Manager Osburn stated he believed it would be kept under 5% of the bid price. Carried by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM SECRETARY OF PARR AND RECREATION ADVISORY BOARD recommending the Director of Planning and the Director of Parks and Recreation be authorized to conduct a feasibility study in conjunction with the Senior Citizen's facility was presented. Moved by Allen, seconded by Colburn, the recommendation be approved. Bob Worthy, 1223 Manchester, a member of PRAB,was present,and stated the gymnasium was to have been included in the recommendation; DRAB wanted Staff to study the whole City for the best location. Councilman Morgan said he would go on record opposing the facility any place except Kimball Park. Bob Worthy said PRAB wanted to determine the best location for the future as well as the present; they were interested in where people would be living 10 years from now4 they want to know if' it would be better to separate the two facilites; or to put them together. Councilman Morgan asked if closeness to the bus would be considered. Councilman Colburn asked if the maker of the motion would consider including the gymnasium in the study if this was the Board's desire. Included in the motion and second. Carried by unanimous vote. A REQUEST FROM THE SAN DINGO COUNTY HEART ASSOCIATION for permission to solicit funds during the month of February and the City Treasurer's recommendation the request be granted were presented. Moved by Allen, seconded by Colburn, the City Treasurer's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN presented the minutes of the South Bay Irrigation District meeting of December 7th and the minutes of the San Diego County Water Authority Board meeting of November 30th and recommended they be filed with the City Manager. Moved by Morgan, seconded by Allen, the minutes be filed with the City Manager. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a Christmas card adOressed to the Council from Albert Clarke, former Councilman. CITY MANAGER OSBURN reported he was notified of a meeting of Alcoholic Beverage Control Procedures January 27th and 28th in Sacramento; they recommended if the Council wanted to send someone to testify at this meeting arrangements should be made now. Mayor Gautereaux recommended the City Manager be sent to the meeting; if the members of the Council wished to make a p'resen'tation:,. they discuss it with the City Manager. Moved by Allen, the City Manager, City Attorney and Chief of Police attend the theeting. Motion failed for lack of second. The City Manager read a letter from the Alcoholic Beverage Control Board stating the meeting will be a legislative review of the ABC procedures, the hearings will deal specifically with rules and regulations leading to the issuance of license, enforement problem and license renewal; if the City intended to testify the Board should be notified as soon as possible to be included on the agenda. Moved by Morgan, seconded by Hogue, the Mayor's recom- mendation be approved. Vice Mayor Allen said he included the other two people in the motion because the Chief of Police is usually the only one permitted to testify, and there would be legal ramifications. Council- man Morgan stated if the City Manager notified them he would be at the meeting they would let him testify; he stated he was going to write a letter for the City Manager to take to Sacramento. Councilman Hogue asked if it would be possible for the City Manager and Chief of Police to prepare 12/28/6S 58 a report on the hearing for the Council to study and discuss sohe would know the feelings of the Council. Mayor Gautereaux stated there was not sufficient time before the meeting for such a report and recommended each Councilman sit down with the City Manager and the ABC Act to discuss it. E. H. Alsdorf stated the Interim Committee met at Vacation Village and it was said they would like the thoughts of City Managers and Chiefs of Police, Moved by Hogue, seconded by Gautereaux, the motion be amended • to include the Chief of Police. Vice Mayor Allen stated the Council did sen resolutions to the Alcoholic Beverage Control and a saturated area was established and there were fewer licenses due to this fact. Councilman Colburn inquired if the City Manager planned to speak against the issuance of new license on a per capita basis and asked if these hearings were for information only and that nothing would be settled. Mayor Gautereaux said it would depend upon the feelings of the Council; the Chief of Police would state facts in regard to particular Police problems. Motion carried by unanimous vote. CITY CLERK MINOGUE Reported receipt of a copy of an application before the Public Utilities Commission for Certificate of Convenience and Necessity to construct a new radio-telephonUtility by the Imperial Constant Communication.and:'said copies wer*W erred to the City Manager and City Attorney. sion CITY CLERK MINOGUE requested/topermuissa se me consolidation of precincts for the Municipal Election in April as used by the County Registrar for the general election; a total of 28 precincts; the polls be open from 7:00 a.m to 7:00 p.m.; the rate of pay for workers be same as the County 021.00 and $18.00). The City Clerk stated the National School District Board of Trustees were considering a tax over -ride Election in April and would want to consolidate with the Municipal Election. City Clerk Minogue requested authorization to work with the School District on the details of the consolidation; the School District to participate in the cost. Mayor Gautereaux asked if there had been such a consolidation in the past, The City Clerk said not to her knowledge; the City would have the full cost of the election if there was no consolidation; however, because part of the District was outside the City limits there might be added precincts which would add to the cost. Mayor Gautereaux recom- mended the requests be approved. Moved by Hogue, seconded by Colburn, the Mayor's recommendation be approved. Carried, by the following vote, to - wit: Ayes: Allan, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ENGINEER FOSTER reported, in regard to the 1911 Act Improvement on Lanoitan Avenue, 18th to 24th Streets.; it appeared the cost of rights - of -way would be $3,910.32; two property owners asked for free assessment, the City to build a wall, drive and fence; a third property owner asked for the same thing plus assessment on two parcels of property. The City Engineer recommended it be referred to the City Attorney for condemnation. Moved by Hogue, seconded by Colburn, the recommendation of the City Engineer be approved. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to the 1911 Act Improvement on Prospect Street, 22nd to 24th Streets, the paving was completed or would be completed at the end of the day. THE CITY ENGINEER reported in regard to the 1911 Act Improvement on Prospect Street, 16th to 18th Street, the gas Company has almost completed their work and the Water Company has completed their work; the Telephone Company has a few poles to move, but the Contractor should be able to start by next week. DIRECTOR OF PLANNING STOCKMAN stated Resolution No. 9027 granted a commercial planned development permit to Contanina Convalescent Hospital and stipulated construction of the 99 bed convalescent hospital commence prior to January 31st. The Director of Planning stated the architects have requested a thirty day extension of time to February 15th to start construction on the SE corner of 24th and Wow the plans must be reviewed by the Department of Health, Bureau of Hospitals, Mrs. Stockman reported 12/28/65 *24th and B Ave - Corrected January 4, 1966 59 the Planning Commissionrecommended the extension be given. Moved by Allen, seconded by Morgan, the Planning Commission's recommendation be approved. Carried by unanimous vote. COUNCILMAN HOGUE inquired if the motion for a feasibility study on the Senior Citizens facility included the gymnasium. Mayor Gautereaux said it would include a study of the auditorium -gymnasium by the Director of Parks and Recreation and the Director of Planning. MOVED BY MORGAN, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:02 p.m. ATTEST: CITY CLERK pal- e- � YOR, CIT ?DF NATT NAL CITY, CALIFZrRNIA 12/28/65