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HomeMy WebLinkAbout1965 03-09 CC MINv 26 National City, California, March 9, 1965 The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Morgan, Gautereaux. Council members absent: Hogue. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Gautereaux, Hess, Minogue, Stockman, Assistant City Attorney Todd. MAYOR GAUTEREAUX welcomed the senior students of Sweetwater Union High School who were present. The meeting was opened with salute to the Flag led by City Manager Hess followed with invocation by Bishop Samuel M. Meeks, Church of Jesus Christ of the Latter Day Saints. Moved by Colburn, seconded by Gautereaux, the minutes of the regular meeting of March 2nd be approved. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 8858, "RESOLUTION ACCEPTING WORK AND AUTHORIZING" FILING NOTICE OF COMPLETION (Installation of Traffic Signal on Plaza Boulevard at Palm Avenue)" was read.. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. RESOLUTION NO. 8859, "RESOLUTION APPROVING PORTION OF STATE HIGHWAY ROUTE 54 BETWEEN ROUTE 5 NEAR SWEETWATER.RIVER AND 0.4 MILE EAST OF ROUTE 805," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted.. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. RESOLUTION NO.. 8860, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE FREEWAY AGREEMENT ON ROAD 11-SD-805, IN THE CITY OF NATIONAL CITY," was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. City Engineer Foster explained an agreement was executed by the City of National City and approved by the State of California March 17, 1964 and called for an interchange near Division providing for northbound traffic on to the Freeway and southbound traffic off the Freeway. The City Engineer stated the new agreement incorporates minor revisions: Route 280 is now 54 and there will be a full interchange just north of the city limits... Vice Mayor Allen stated we have gotten more from the Division of Highways than Councilman Morgan asked for; we now have a complete interchange instead of just the on and off ramp. City Engineer Foster stated the route has not been located finally but will be a block or two north of Division Street. Mayor Gautereaux stated the original plans for an interchange at Palm and Division had the contingency of improving Division Street from Highland to Palm Avenue and as the interchange has been moved from this location asked if it were still a contingency to improve Division Street. City Engineer Foster said Division Street will have to be improved. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. Councilman Morgan asked the City Engineer to see if it is possible the State would install a side road from 16th to Plaza so people in the area could get on the Freeway. Mayor Gautereaux stated the Chair would ask the City Manager to proceed with the State of California. RESOLUTION NO. 8861, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION QUITCLAIM DEED (Alotta%" was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. City Manager Hess stated the Deed was in conjunction with the 1911 Act Improvement District in the vicinity of Laurel, it was a slope easement and colours, organ d u'terreaux Carried, Nays: None. Ao n : o-wit: Ayes: Allen, Goa Y en Hogue. ASSISTANT CITY ATTORNEY TODD reported Mrs. Ellen Raeder, Librarian, requested a legal opinion on the expenditure of funds by the Library Board of Trustees and stated the City Attorney's office is checking the legal points but the re- port is not complete. 3/9/65 27 ASSISTANT CITY ATTORNEY TODD stated the City has been in litigation with John A. Brand as a result of work he did for the City of National City some time ago; the matter is pending for trial. Mr. Todd said investigation disclosed when the contract was awarded by the City and when the work was being done in the area where Mr. Brand was to do the work, there were many old sewer lines from Housing, etc. and there was confusion then as to the existence of some of these lines and whether they were inert or in use. Mr. Todd continued no one had com- plete knowledge at the time the work was being done and as a result it appeared Mr.- Brand did sustain financial loss in the performance of the contract. Assist- ant City Attorney Todd stated Mr. Brand brought action in Municipal Court against the City of National City and the City of San Diego for a sum just under $5,000. Mr. Todd stated the recommendation of the City Attorney, because of the uncer- tainties, was it might be best for the City to seek a compromise to the claim rather than proceed with the trial. Mr. Todd said if this was the feeling of the Council, he would request the City Attorney be authorized, on behalf of the City of National City, to negotiate for compromise not to exceed $1,000.00. Moved by Colburn, seconded by Alien, the request be granted. Vice Mayor Allen inquired if this would leave us open to other contractors who might come in and make claims. City Manager Hess stated in this situation there was no direct bearing on the Metropolitan Sewer; it was a specific contract with Mr. Brand relative to the metering stations at 23rd and 6th Streets only. The City Mana- ger stated when we hooked up to the Metropolitan Sewer, we were required to install metering stations; the contract was let to Mr. Brand who was some 500 below the next lowest bidder and when the work was undertaken, they encountered difficulties and suffered financial loss because they entered a live line which was thought to be inert. City Manager Hess stated the City Engineer and the City Manager concurred it would be prudent to try to negotiate in an amount not to exceed $1,000.00. Councilman Morgan stated we should authorize the City Attorney to negotiate and bring back a report; possibly it could be settled for $500.00. Vice Mayor Alien stated the Council should go along with the maximum. of $1,000.00. Assistant City Attorney Todd said he hoped to have authority to settle the case. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn,. Gautereaux. Nays: Morgan. Absent: Hogue. ASSISTANT CITY ATTORNEY TODD stated last week the Council requested preparation of an ordinance zoning Sweetwater Road Annexation C-2-P-D. Mr. Todd stated it must be referred to the Planning Commission for a public hearing and he would recommend, therefore, the proposed ordinance be referred to the Planning Com- mission. Moved by Allen, seconded by Morgan, the recommendation be approved. Carried by unanimous vote. Absent: Hogue, MAYOR GAUTEREAUX stated, with approval of the Council, he would proclaim the week of March 14-21, 1965, "DeMolay Week." Moved by Allen, seconded by Morgan, the proclamation be approved. Mayor Gautereaux read the proclamation. Carried by unanimous vote. Absent: Hogue. Vice Mayor Alien stated Judge Joe Schell once said "during all the years he had been on the bench he never knowingly had a member of DeMolay before him." HEARING ON THE VACATION AND CLOSING OF PORTION OF 20TH STREET between Cleveland and Harrison Avenue and the alley between 19th and 20th Streets was held at this time. City Clerk Minogue stated she had the City Engineer's Affidavit of Posting and the Affidavit of Publication of Resolution No, 8852. City Clerk Minogue read two letters of protest: J. W. Burriss, National Refinery, 800 W. 20th Street, and A. L. Johnston, 1910 Cleveland Avenue. A. J. Stubbs, Santa Fe Railway, was present and read a portion of his letter of protest to the National City Planning Commission, stating they own Blocks 277 and 06.0 and Lots 19 and 20 in Block 276 and the closing of 20th Street and the alley would deny them access to their property.. Mr. Stubbs stated the property isbeing held for industrial development and 60,000 square feet south of 20th.Street is now under submission to an industry. R. J. Speigel, President, Bradston Rattan Products, 840 W. 19th Street, was present and stated they were in the position of having outgrown their present accommodations. Mr. Speigel said they occupy a 25,000 square foot building and need approximately 37,500 square feet in the immediate future; they talked to Mr. Stubbs of Santa Fe in regard to working out something on their property but due to the bad freight situation, they were not able to use the railroad. Mr. Speigel stated if the street were not closed and the land around the present building site could not be made available to them, they 3/9/65 28 would probably be ahead of the game financially to move to Los Angeles, in which case they would walk away from an approximate $44,000 investment. Mr. Speigel stated they do have a freight problem, it cost approximately $52,000 more in freight charges during the year 1964 than it would have cost if they were located in the Los Angeles area. Mr. Speigel stated they have 73 employees in the National City plant with an annual payroll of $360,000 and if they are forced to move, it will mean about a quarter of a million dollars less in pay- roll will be funneled into the South Bay area. Mr. Speigel stated it was sug- gested in regard to National Refinery, 21st Street be opened so trucks could be serviced by entering from 19th to 20th Street instead of from 21st to 20th Street. J. W. Burriss, owner of National Refinery, was present, made an oral protest and submitted petitions bearing signatures of 59 persons opposed to the closing.. Mayor Gautereaux stated the record would show the petitions re- ceived and referred to the City Clerk. Arthur Filson, Bonita, was present and stated he owns property on Cleveland Avenue between 19th and 20th Streets and they have problems with parking now; if the street is closed and more employeeG come in, there will be no place for them to park. Stanford Mason, Moor -Fite, Inc. (fire extinguishers), 2024 Cleveland Avenue, was present and stated they use the alley daily as they have a Navy Air Force contract and this is the only way in and out. Mr. A. J. Johnston, 1910 Cleveland Avenue, was present and stated he wished to add to his letter of protest read previously. Moved by Allen, seconded by Morgan, the hearing be closed. Carried by unanimous vote. Absent: Hogue. Vice Mayor Alien requested the recommendation of the Planning Commission be read. Director of Planning Stockman read the Planning Commission's recommendation of January 13, 1965, the street and alley remain open and the request be denied. Moved by Allen, seconded by Morgan, the Planning Commission's recommendation be approved. Councilman Morgan inquired if this was the same property where we granted a ramp over the alley. City Manager Hess stated a conveyor belt was approved. Councilman Colburn asked Mr. Speigel about the conveyor belt. Mr. Speigel said the conveyor belt didn't prove to be practical, they had to provide too much height and couldn't get the products into the building across the alley. In answer to Mayor Gautereaux's question, Mr. Speigel said his lease expires in 1975. Mayor Gautereaux spoke in favor of the motion and stated the railroad company indicated they want to utilize an area of 60,000 square feet to bring in additional business; having seen what they have done in the past with their properties, this will be an asset to the com- munity; he appreciated Mr. Speigel's position with his expanding industry and hoped he would not entertain the thought of leaving the area. Mayor Gautereaux stated he hoped Mr. Speigel might be a proud property owner in National City some day and hoped we might be able to accommodate him. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. Mayor Gautereaux stated the closing of the street and alley were denied. Students from Sweetwater Union High School were given permission to leave the Council Chambers at this time. LOUIS SOTHRAS, 1237 "J" Avenue, was present and asked the Council to clarify City Ordinance No. 773, Section 38, which requires every person conducting, managing and carrying on the business of a bowling alley to pay a license fee of $100.00 per annum, and in addition pay the sum of $5.00 per quarter for each and every alley therein. Mr. Sothras stated in 1952 when he was first con- fronted with this basic fee of $100.00 he was told it was because he operated the only bowling alley in National City; in 1957 the Plaza Bowl came into being and it, too, is being assessed this $100.00 fee. Mr. Sothras stated in his case the quarterly fee totals $150.00 annually and the Plaza Bowl's fee for their 32 alleys is $720.00...and a like sum is also paid to the Federal Govern- ment. Mr. Sothras said he did not understand why the additional fee of $100.00 should be charged, he felt the bowling business is being discriminated against as he knew of no other local business being charged a "so-called basic fee," in this amount. Mr. Sothras requested the matter be reviewed and Ordinance No. 773 be revised to omit the $100.00 fee. Moved by Allen, seconded by Morgan, the matter of the clarification of the Ordinance be referred to the City Attorney and a repast -be made by "the City Manager on the other portion of the request. Carried by unanimous vote. Absent: Hogue. PAYROLL AUDITED BY THE FINANCE COMMITTEE: $58,399.53. Moved by Allen, seconded by Colburn, the payroll be approved and warrants ordered drawn for same. 3/9/65 29 Carried, by the following vote, to -wit: Ayes-: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. CITY MANAGER HESS stated in regard to the request for oversized driveway at 2451 "D" Avenue, the plot plan indicates a 30 foot driveway serving the off- street parking area for four apartments; the proposed development eliminates all on -street parking (2 spaces), necessitating visitors to park on adjacent street frontage, placing a burden on the people who abut the subject property. The City Manager stated by re -designing the development, off-street parking could be made available with a smaller driveway width to maintain at least one on - street parking space. The City Manager said he concurred with the City Engin- eer and the City Planner and recommended denial of the variance for the over- sized driveway, Moved by Allen, seconded by Morgan, the staff recommendation be approved. Hans Jendrossek, 2016 Lanoitan, developer of the property at 2451 "D" Avenue, was present and stated he is purchasing the adjoining property with a 90 foot frontage, to be developed with 8 or more units; there is an alley adjoining the other property and there will be off-street parking in the area. Mr. Jendrossek stated although the properties could be sold separately later, they were designed with a single swimming pool for all 12 units. Vice Mayor Allen suggested the motion carry and Mr. Jendrossek come back with plans for both properties showing the on and off-street parking. Carried by unani- mous vote. Absent: Hogue. Director of Planning Stockman asked if this authorized her to issue the building permits. Mayor Gautereaux recommended the City Manager contact Mr. Jendrossek and the matter be brought before the Council next week. Moved by Morgan, seconded by Allen, the Mayor's recommenda- tion be approved. Carried by unanimous vote. Absent: Hogue. CITY MANAGER HESS stated in regard to his scheduled report on the School of Cosmetology, Mrs. Williams requested it be held in abeyance for another week to enable her to complete additional research. CITY MANAGER HESS stated in regard to the intentions of the prospective pur- chaser of City property in the vicinity of 19th and Roosevelt, he conferred with Cliff Reed, Sr., realtor, and Charles M. Davis, Jr., principal, and was advised the business would not involve automotive parts, auto wrecking or salvage; the business would consist of the sale of new and used steel (such as channel iron, angle iron, pipe, etc.), but they would have a wholesale and re- tail business. City Manager Hess said the salvage operation to obtain the material would not be done in National City; the product brought here would be vendable, as is, from their lot; they indicated the users of their products would be comprised of contractors and people who build trailers and have uses for odd lot and odd shaped iron fixtures; most of the merchandise would be stored outside in neat racks; they are interested in displaying their wares and would like to have exposure from Roosevelt Avenue. The City Manager stated should a fence be required by the Council as a stipulation to the sale, they would be willing to fence in other portions but would like to have Roosevelt reserved so their items could be viewed; they indicated a cement block wall to mask the area could not be constructed in the area because of the soil conditions amount of fill required and the time necessary for compaction. City Manager Hess stated they estimate their operation may employ a total of 5 or 6 persons and may generate some $2,000.00 a year in sales tax to the City. Director of Planning Stockman said in answer to Councilman Colburn's question this was industrial park and ordinance would require a fence. Moved by Alien, seconded by Colburn, the recommendation of the Real Estate Committee be approved. Mayor Gautereaux read the recommendation to accept the offer for Lots 13, 14, 15, 16, 17, 18 and 19 of Block 46 and that portion of closed street adjacent to Lot 13, also the triangular parcel abutting the west boundary of these lots in the vicinity of 19th Street and Roosevelt Avenue behind the Welding Shop for $9,000.00, less 10% commission, or $8,100.00 net to the City, $2900.00 cash to be delivered to the First National Bank, National City, as escrow holder, within 30 days and the balance of $6,000.00 to be paid at $200.00 or more per month including 6% interest until paid with the understanding the City will retain what is necessary for drainage, the purchaser will participate in a 1911 Act if and when it comes, and construction will begin within 180 days after close of escrow. Councilman Morgan stated this is a giveaway of the property. Vice Mayor Alien stated there are no water or sewer lines on the property and we are selling only a portion of the lots, the remainder will be in the drain- age ditch. Motion carried, by the following vote to -wit: Ayes: Alien, Colburn, 3/9/65 30 Gautereaux. Nays: Morgan, Absent: Hogue, Moved by Allen, seconded by Colburn, the City Attorney and City Manager be. authorized to enter into escrow. Carried, by the following vote, to -wit: -Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Absent: Hogue, COMMUNICATION FROM J. B. HANAUER & COMPANY in regard to the Civic Center bond sale calendar was presented. Moved by Allen, it be referred to the Mayor and City Manager to follow up and report on steps to be taken in regard to the bond sale, Mayor Gautereaux stated it was the City Manager's recommendation to follow the schedule set forth. Moved by Alien, seconded by Morgan, the City Manager's recommendation be approved,Carried by unanimous vote.Absent: 1-logue. COMMUNICATION FROM THE MANAGER OF NATIONAL CITY MUNICIPAL GOLF COURSE request- ing approval of formation of Men's Club and Ladies' Club with a reduction of green fees for members was presented. Moved by Morgan, seconded by Colburn, the manager's request be approved. City Manager Hess suggested the program be endorsed by the City Council as the contract specifies any adjustments to be made would require Council approval. The City Manager suggested any changes that might be authorized be referred to the City Attorney and the City Manager and brought to the Council for ultimate approval. City Manager Hess stated the Golf Course Management is working on the possibility of special rates for high school students and suggested it be included in the motion. Moved by Morgan,seconded by Colburn, it be included in the motion. Carried by unanimous vote. Absent: Hogue. APPLICATION FOR PERSON -TO -PERSON TRANSFER of On -Sale General license by Harold F. Dodds, dba Harold's Club, 29 W. 8th Street, was presented. Moved by Allen. seconded by Colburn, the application be filed. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: None. Abstaining: Morgan. Absent: Hogue, ORIGINAL APPLICATION FOR ON -SALE BEER license by Jack and Hazel Bailey and Carrol C, and Frances L, Shull, dba Odie's, 105 W. 18th Street,was presented. Moved by Allen, seconded by Morgan, the recommendation of the Chief of Police to deny be approved and it be referred to the City Attorney for protest. Carried, by the following vote, to -wit: Ayes: Aliens Morgan, Gautereaux. Nays: Colburn. Absent: Hogue, MINUTES OF THE LIBRARY BOARD OF TRUSTEES' Ordered filed by unanimous vote, Absent: A COMMUNICATION FROM MRS. CONSUELO RUBIO, expressing thanks to the City Council and Ordered filed by unanimous vote. Absent: meeting of March 3rd were presented. Hogue. Chairman, Tecate Sister City Committee, Vice Mayor Allen was presented. Hogue. CITY MANAGER HESS reported the following employees are eligible for step increases April 1, 1965: Ida Toni Love to Step 20-D and Leonard Young to Step 18-E; the step increases have been approved by their respective supervisors and Mr, Hess suggested the step increases be approved. Moved by Morgan, seconded -by Colburn, the step increases be approved, Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue, CITY MANAGER HESS stated a Finance Committee meeting was held Marro lst, they were proceeding along lines as indicated concerning a review of the functional requests relative to the General Fund and Special Fund and he would ask the Finance Committee Chairman to consider a meeting the latter part of next week, CITY MANAGER HESS reported receipt of a request from the San Diego Chapter, Women's Auxiliary, Loma Linda University School of Medicine, a group of San Diego physicians' wives and others, to raise money for overseas Mission doctors, for a no -fee permit to hold a rummage sale March 21, 1965, at the San Diego Academy. City Manager Hess suggested the no -fee permit be issued. Moved by Alien,, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan,Gautereaux. Nays: None, Absent: Hogue, 3/9/65 31 CITY MANAGER HESS reported receipt of a communication from the Port Commissioner in regard to Councilman Moryan's inquiry about longshoremen from. the Los Angeles area working in this area. The communicat-on stated there was a two day period (about February 27th and 28th) when approximately 20 registered A -men from'.Los Angeles worked in the area in accord with their rights under the existing coast contract; the situation probably resulted from the delay of ships at Los Angeles incident to the Gulf ports strike. Councilman Morgan stated the com- munication was in conflict with his information and he would check into it. Mayor Gautereaux recommended the report be accepted and filed. Moved by Allen, seconded by Colburn, the report be accepted and filed. Carried, by the follow- ing vote, to -wit: Ayes: Alien, Colburn, Gautereaux, Nays: Morgan, Absent: Hogue. CITY MANAGER HESS reported receipt of three communications from the San Diego County Water Authority dated February llth, March 2nd and March 5th, 1965, and suggested they be filed with the City Clerk, Ordered filed by unanimous vote. Absent: Hogue, CITY MANAGER HESS reported receipt of a request from the South Bay Optimist Club for a waiver of license fee to hold a circus March 28, 1965, at the South Bay Plaza Shopping Center to raise money for youth work and suggested the request be granted subject to the Planning Commission's stipulations. Moved by Colburn, seconded by Allen, the no -fee permit be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. CITY MANAGER HESS reported receipt of a certificate of insurance for the V. R. Dennis Construction Company and suggested it be referred to the City Attorney. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote, Absent: Hogue. CITY MANAGER HESS reported receipt of a communication from the Lusk Corporation indicating they are unable to exercise their option. Moved by Allen,seconded by Gautereaux, we let everybody know the property is for sale, Carried by unanimous vote. Absent: Hogue. CITY MANAGER HESS reported the South Bay Pop Warner Football Association will hold a fund raising dance and city officials are invited; the date of the dance will be announced later. CITY MANAGER HESS requested the City Council enter into Executive Session for the purpose of discussing personnel. Moved by Colburn, seconded by Allen, the request be approved. Carried by unanimous vote, Absent: Hogue. CITY ENGINEER FOSTER reported the new street lights are on between 18th and 30th Streets on Highland Avenue. MOVED BY ALLEN, seconded by Morgan, the Director of Housing's Operations Financial Report fox the month of February, 1965, be approved, Carried by unanimous vote. Absent: Hogue. MOVED BY ALLEN, seconded by Morgan, the meeting adjourn to Executive Session. Carried by unanimous vote. Absent: Hogue. The meeting adjourned at 9:19 p.m. The adjourned meeting was called to order by Mayor Gautereaux at 9:49 p.m. Council members present: Allen, Colburn, Morgan, Gautereaux. Council members absent: Hogue. CITY MANAGER HESS reported the results of the Executive Session: as a - suggestion and recommendation from the Civil Service Commission and a recom- mepdation from the City Managers office, we suggest the position of Park and Recreation Director be re -advertised. Moved by Morgan, seconded by Colburn, the suggestion and recommendation be approved, Carried by unanimous vote. Absent: Hogue. 3/9/65 32 MOVED EY MORGAN, seconded by Colburn, the Meeting be closed, Carried by unanimous vote, Absent: Hogue. The meeting closed at 9:51 p.m. `MAYOR, CITY OP NATIONAL C�l1`Y, CAt.,IOORNIA ATTEST: ? (City Clerk 3/9/65