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HomeMy WebLinkAbout1965 03-16 CC MIN33 National City, California, March 16, 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, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Hess, Minogue, Osburn, Stockman, MAYOR GAUTEREAUX welcomed the senior students of Sweetwater Union High School and all others who were present. The meeting was opened with salute to the Flag led by City Manager Hess followed with invocation by Councilman Morgan. MOVED BY HOGUE, seconded by Colburn, the minutes of the regular meeting of March 9th be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated five Resolutions in regard to a 1911 Act for 16th Street and Lanoitan Avenue, Assessment District No. 140, would be presented and suggested they be adopted by reading of the titles only. Moved by Allen, seconded by Colburn, the readingof the Resolutions be waived and they be adopted by reading of the titles only. Carried by unani- mous vote. RESOLUTION NO. 8862, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (16th Street and Lanoitan Avenue, Assessment District No. 140)," Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , a resolution adopting plans and specifications (16th Street And Lanoitan Avenue), was presented. Moved by Allen, seconded by Colburn, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 8863, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (16th Street and Lanoitan Avenue)." Moved by Colburn, seconded by Allen, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO., preliminary determination of legislative body under "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," was presented. Moved by Allen, seconded by Colburn, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 8864, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (16th Street and Lanoitan Avenue)." Moved by Alien, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , a resolution approving Engineer's report and fixing hearing date (16th Street and Lanoitan Avenue) on April 27'th, 8:00 p.m. was presented. Moved by Colburn, seconded by Hogue, the reading of the Resolution be waived and'it be adopted by reading of the title only. City Attorney Carstens said the Notice of Hearing states the estimated cost of the improvement is $173,135.40. Mayor Gautereaux suggested they reconsider the motion to embrace the next two resolutions. Moved by Colburn, seconded by Hogue, the Mayor's suggestion be approved. Carried by unanimous vote. RESOLUTION NO. 8865, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (16th Street and Lanoitan Avenue)." 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. 3/16/65 34 RESOLUTION NO. 8866, "RESOLUTION OF INTENTION (16th Street and Lanoitan Avenue)." Moved by Allen, seconded by Colburn, the Resolution be adopted, Councilman Hogue asked City Engineer Foster if this was just a title, the names of some of the streetswere omitted. City Engineer Foster stated the project included 16th Street from "L" Avenue to Rachael Avenue and Lanoitan Avenue from 16th to 18th Street. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , a resolution directing notice of filing of Assessment and setting time of hearing (Sheryl Lane, Assessment District No. 137/) 8:00 p.m. April 20th, was presented. Moved by Allen, seconded by Colburn, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 8867, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Sheryl Lane, Assessment District No. 137)." 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. COUNCILMAN.MORGAN stated some people in the Lincoln Acres area, annexed to the City two years ago, were disturbed about coming under a 1911 Act in the County. City Manager Hess stated the County is acting as the agent for the City of National City as well as the properties outside of our corporate limits; there are provisions of the 1911 Act which allow joint agreement between municipal corporations and in this case the County is handling the paper work, the engineering, etc. Councilman Morgan asked how many people in National City would be involved in this Assessment District. City Manager Hess stated he did not know but could find out. Councilman Morgan stated the people annexed to the City to get out of the 1911 Act. City Manager Hess stated representatives of the County will meet with the people in Lincoln Acres to answer their questions. Mayor Gautereaux stated if they are in the Assessment District and they are not satisfied with the assessments, they have the right to protest the assessment out; they do have that recourse. Councilman Morgan stated in the County there is need for sewers; the people who annexed to National City felt they were entitled to sewers by coming into National City. MAYOR GAUTERBAUX stated, with approval of the Council, he would proclaim the month of April, 1965, as "Clean -Up Month" and read the proclamation. Moved by Morgan, seconded by Alien, the proclamation be approved. Carried by unanimous vote. JOE ROBNETT, 408 E. 30th Street, was present and stated he requested final inspection on his building and was refused as he had not put up a bond for the sidewalks and curbs;waiver of the installation of the sidewalks was: approved by the Council February 16th. Mr. Robnett said he talked to the City Engineer about the bond and the Engineer was to have called him to give him additional information; the call was not received and the newspaper stated waiver of curbs and sidewalks was granted so Mr. Robnett thought the bond was not required. Mr. Robnett presented Mayor Gautereaux with a letter from his insurance agent regarding the bond requested.. Mayor Gautereaux stated there was a misunderstanding on his part, the sidewalks and curbs were waived with the requirement a bond would be posted for the amount of the work waived. City Engineer Foster stated Mr. Robnett indicated he was going to put in the curbs but wanted a waiver for the sidewalks; neither curbs nor sidewalks were put in. Mr. Poster stated Mr. Robnett did come to his office for information regarding the bond and as the minutes of the Council meeting were not completed at that time, he told Mr. Robnett he would call him but forgot to do so. City Manager Hess stated the letter from the insurance agent said the bond would be issued pending acceptance of the application by the Company in fulfillment of all the underwriting requirements but the letter was not to be construed as binding upon either the Company or the agent and indicated only that application was filed for a bond. City Manager Hess stated if it was the intent of the Council to authorize or direct a final inspection, it should be contingent on one of two things: that Mr. Robnett will obtain the bond and if he is unable to do so, he will install the curbs and gutters. Mr. Robnett stated if he is unable to secure the bond, he will 3/16/65 35 put up ' $500.00 cash in lieu of bond. Moved by Morgan, seconded by Colburn, the City Manager's Auggestion and Mr. Robnett's offer to put up $500.00 be approved and he be given final inspection so he can move in. Vice Mayor Alien stated Mr. Robnett promised to put the curbs in but this has not been done. Mayor Gautereaux stated Mr. Robnett's bond should cover both of these improve- ments. City Engineer Foster stated he informed Mr. Robnett without the curbs and sidewalks the bond should be $528.00 and there should be an agreement signed by Mr. Robnett that the work will be done within one year. Moved by Horgan, seconded by Colburn, to include in the motion "a limit of one year to put in the sidewalks and curbs." Councilman Colburn said he understood Mr. Robnett would be willing to put up the $500.00 in lieu of the insurance bond and when the insurance bond came in, he would be refunded the $500.00; if something happened in that ten day period, we would be stuck without the bond or the curbs and sidewalks. Councilman Morgan stated if we did get the $500.00 and he came in with the bond, he would be willing to return the- $500.00 and accept the bond. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: Hogue. Mayor Gautereaux instructed Mr. Robnett to meet with the City Attorney relative to the agreement. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General $ 24,129.86 Traffic Safety 1,025.87 Park 296.02 Retirement 5,207.84 Gas Tax (186.1) 1,989.57 Special Street 7,543.53 Drainage 2„490,00 Sewer 55.89 Total $ 42,738.58 MOVED BY HOGUE, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes:- Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported in regard to oversized driveway at 2451 "D" Avenue, Hans Jendrossek had indicated it will not be necessary for him to have an oversized driveway; he can live within the 30 foot limitations imposed and by re -designing has alleviated the problem. SAN DIEGO COUNTY BOARD OF SUPERVISORS' RESOLUTION NO. 38, requesting the Planning Commission to submit application and negotiate for a Federal Urban Planning Assistance Grant and authorize matching funds, was presented. Vice Mayor Alien stated he would like a recommendation from the City Manager as it does not seem to be what we indicated to the Board of Supervisors. City Manager Hess quoted from the second paragraph of Resolution 38: 'The Majority of cities in San Diego County have by Resolution requested the Board of Supervisors of the County of San Diego to proceed with such a County -wide master plan and have pledged their full cooperation to the County in the preparation of such a plan.' City Manager Hess said that is not exactly the intention of the City of National City's Resolution concerning the County's "Master Flan"; we urged the County to enter into a Master Flan dealing with Parks; one of the elements of the law was if the County did not have a Master Plan for Parks, none of the cities within the County could apply for any of the available State funds for acquisition of park lands, monuments,etc.- City Manager Hess stated Resolution No. 38 has to do with a total Master Plan of the County, similar to the 701 program, and could take 15 to 18 months; it would undoubtedly embrace the area in which we.•are interested but during the interim none of the cities within the County could.avail themselves of the State money. The City Manager suggested we call the County's attention to the fact that our Resolution stipulated only a Master Plan concerning Parks and not an overall Master Plan of the County as set forth in Resolution No. 38, Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Mayor Gautereaux stated he favored the motion to a degree but not in its entirety; it was necessary to have a plan relative to this State issue, because of this it was found San Diego County-wasLackinga General Elan 3/16/65 36 accepted pursuant to law. The Mayor stated the important thing was San Diego County does need a General Plan; what they are asking here is right except the County was approaching the General Plan of a regional nature and there, should be some type of framework set up within a resolution to show they are going to take into consideration what we as a city within the County have to offer relative to these areas they will be working on in developing a General Plan for the County. Mayor Gautereaux said we should support a General Plan for the County of San Diego and urge that they get the available monies necessary to undertake a General Plan; but,before we support it, we should have some type of framework on which what we have already set forth in our City is going to be acceptable by the County and used as part of their planningm Vice Mayor Allen asked if it could be included in the letter from the City Manager. Motion carried, by the following vote, to -wit: Ayes: Allen,Colburn, Hogue, Morgan, Gautereaux. Nays: None. Moved by Allen, seconded by Colburn, the City Manager be instructed to qualify the Mayor's statements in regard to an overall County Plan that would tie in with our own Plan and that it be included in the same correspondence clarifying our stand. Councilman Hogue suggested City Manager Hess indicate in his letter to the County we would be interested in expediting the Park aspect of the plan as quickly as possible. Councilman Morgan stated he was not sure whether we are going by our own City Plan or the County's Plan; if we have a Plan, we should follow our own Plan instead of waiting on the County. Mayor Gautereaux said the motion was to ask the County to live by our Plan. Vice Mayor Alien stated no one is going to get anything until the County has a Plan as far as Parks are concerned. Councilman Morgan said they came back with Urban Renewal. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. APPLICATION FOR REFUND OF $25.00 PERFORMANCE BOND by Edward B. Brentlinger, 1723 Delta, was presented. Moved by Colburn, seconded by Hogue, the refund be granted and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COPY OF A COMMUNICATION FROM THE CALIFORNIA ROADSIDE COUNCIL to the Chamber of Commerce's City Beautiful Committee in regard to clean-up campaign and support of freeway billboard ordinance was presented. Moved by Hogue, seconded by Colburn, the communication be filed. City Manager Hess suggested the Planning Consultant, Mr. Baruth, be advised of this by Mrs. Stockman. Moved by Hogue, seconded by Morgan, to include in motion. Carried by unani- mous vote. THE MINUTES OF THE PARK AND RECREATION ADVISORY BOARD meeting of March 4th were presented. Moved by Hogue, seconded by Colburn, the Minutes be filed. Carried by unanimous vote. Moved by Allen, seconded by Hogue, Mr. Wilson and Mr. Brattmiller be issued certificates for their service to the City. Carried by unanimous vote. Moved by Morgan, the PRAB recommendation to dedicate city -owned land between 13th and 15th on "D " Avenue as park land be approved. Motion died for lack of second. Councilman Morgan stated the PRAB recommendation to acquire property at the northwest corner of I2th and "B" Avenue for parking for the Community Building should be approved. The Mayor stated the recommendation to purchase this property would be embraced in the General Plan. Moved by Hogue, seconded by Colburn, it be referred to the Planning Commission. Carried by unanimous vote. A COMMUNICATION FROM THE SECRETARY OF THE PARK AND RECREATION ADVISORY BOARD, recommending the amended Citizen Advisory Committee's recommendations in regard to General Plan for Park and Recreation be approved, was presented., Councilman Morgan stated again they recommended the land between 13tWan: 15th be dedicated for park purposes before it is sold. Moved by Hogue, seconded by Colburn, it be referred to the Planning Commission. Carried by unanimous vote. A COMMUNICATION FROM CHAIRMAN, PARK AND RECREATION ADVISORY BOARD in regard to Senior Citizen facility was presented. City Clerk Minogue reported receipt of a petition signed by 177 persors for a Senior Citizen facility between 13th and 15th east of "D" Avenue. Moved by Hogue, seconded by Colburn, it be referred to the Planning Commission to be included in the 701 Plan. Director of Planning Stockman stated it was a separate item and could not be included, 3/16/65 37 in the General Plan; action could be taken on it. Vice Mayor Allen stated it would be impossible to take any action on it as there are no funds available. Mayor Gautereaux stated he favored the property being set aside for this specific purpose, the eventual location of a Senior Citizens' facility on the site and, also, a civic auditorium -gymnasium. The Mayor stated since we had preliminary discussions with the architects interviewed relative to Senior Citizen programming, he hoped direct action could be taken to acquire funds to proceed with it and he hoped it could be done by selecting the architect and seeing what would be available in a planning grant or HHFA matching funds. Mayor Gautereaux suggested some action be taken relative to this recommendation. Councilman Colburn withdrew his second to the motion. Motion died for lack of second. Moved by Morgan, seconded by Allen, the Mayor's recommendation be approved. Councilman Hogue stated it was indicated the Senior Citizens did not want their facility to be adjacent to any children's recreation area and this should be taken into consideration if the intention is to use the location on "D" Avenue for a combination municipal auditorium -gymnasium as well, Mayor Gautereaux stated we have obligations to -the Senior Citizens and to the children and it is possible an architect will come up with a development study to accommodate both. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Vice Mayor Allen asked the Mayor if he was prepared to recommend any of the architects interviewed. Mayor Gautereaux stated he had no recommendation and suggested the matter be referred to the City Manager and placed on the Agenda for next week. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. MINUTES OF THE LIBRARY BOARD OF TRUSTEES' special meeting of March loth were presented. Ordered filed by unanimous vote. A COMMUNICATION FROM CITY LIBRARIAN BAEDER in regard to Library Board of Trustees' request to draft a resolution allowing the National City Public Library to accept State and Federal aid and to become part of the Serra Regional Library System was presented. Moved by Alien, seconded by Colburn, the City Librarian's request be approved. Councilman Morgan asked the City Manager if this would increase taxes. City Manager Hess stated the Public Library Act has three basic facets which concern us at this time: First, the new cataloging system for reference books throughout the entire system (if a person required reference material in National City under the system suggested here, if the National City Library did not have this particular material, the source would be on our records and we could send to Carlsbad, San Diego or one of the other cities in the system and they would forward the book or excerpts from it), the money is to be allocated on a per capita basis, contributions by Federal Government and State being the same, 8 plus cents per capita, and the money would be used solely for this purpose; Second, $2,000.00 would be immediately available to the National City Library for the acquisition of new reference books and third, it makes National City eligible for Federal matching funds for additions to our existing structure. City Manager Hess stated he saw no need for additional taxes by virtue of this agreement; it is not binding and we may withdraw at any time it is deemed advisable by the governing body. Motion carried by unanimous vote. Students from Sweetwater Union High School were given permission to leave the Council Chambers at this time. COUNCILMAN HOGUE stated the Serra Regional Library System plan suggested a minimum of $3.82 tax per capita for each member city and at the present time ours is $2.69, and asked if this could mean an anticipated increase of $1.13 per person in National City, or approximately a 100 per $100.00 assessed valuation increase in taxes. City Manager Hess stated it depended on what phase he was talking about; in the whole,plan we have been assured that it does not indicate a tax increase by involvement in the plan; should there be a tax imposed, we have the prerogative to withdraw from the program; we haven't lost anything but have gained materially it is not prejudicial or inimical to the present tax structure. CITY MANAGER HESS.reported receipt of a communication from the Sentinel Savings & Loan. Association dated March 16, 1965, advising they are forwarding a soil test report to us and requesting their $5,000.00 deposit returned as they did not find the land suitable and will not exercise their option. 3/16/65 38 City Manager.Hess suggested in viow 61 the agreement between the City and Sentinel Savings, authorizati6A be granted for repayment of the $5,000.00 deposit and the engineering report concerning the soil test be filed with the City Engineer. Moved by Morgan, seconded by Hogue, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue„ Morgan, Gautereaux. Nays: None. CITY MANAGER HESS announced Charles G. Huffaker joined the staff on Monday as Recreation Supervisor and was appointed by the City Manager as pro tem Park and Recreation Director to act as titular head of the three divisions under this Department until such time as a Park and Recreation Director is chosen. The City Manager asked for ratification of his action. Moved by Allen, seconded by Colburn, the action of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a notice from the Firemen's Fund Insurance Company of cancellation of insurance for the Boys' Club. Mr. Hess said he checked with Mr. Sutcliffe, Director of the Boys' Club, and was assured this was in error and the policy was still in effect. The City Manager suggested the communication be filed. Ordered filed by unanimous vote. CITY MANAGER HESS requested Councilman Morgan, Chairman, Real Estate Committee, call a meeting Friday at 4:00 p.m. in his office to discuss an offer to purchase property located at the southwest corner of 29th Street and "Aft Avenue. Councilman Morgan stated the meeting would; be called. CITY MANAGER HESS referred to a communication dated March 8th from Justine. Jimenez, advising the storm drain trench across his property at 2304 "J" Avenue settled and caused a portion of his driveway to collapse. The City Manager reported the City's forces removed the broken concrete and recompacted the trench; Mr. Jimenez offered to do the repair work for $25,00 and release the City from all responsibility. City Manager Hess stated this is not a result of the 1911 Act Assessment District in that area but is an outgrowth of the Southwest Drainage installed two years ago and the contractor who per- formed the work is no longer in business. The City Manager suggested because of the injuries sustained by this individual and the circumstances, the City draft a check in the amount of $25.00 payable to this individual. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. City Manager Hess stated we will have a legal document releasing us from all claims in addition to this demand, Mayor Gautereaux asked if an inspection would be made to make sure the work is completed. City Manager Hess stated that is the stipulation, Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None. CITY MANAGER HESS reported receipt of an insurance policy for V, R. Dennis Construction Company relative to their hot mix furnished to the City on a contract basis, stating it had been approved by his office and the City Attorney and suggested it be filed. Ordered filed by unanimous vote, CITY MANAGER HESS reported receipt of a letter from Gary Herter, 4201 Bonita Road, Bonita, student at Southwestern College, requesting the use of the Civic Center model and charts on March 23, 1965, and suggested the Council grant permission, Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved, Carried by unanimous vote. CITY MANAGER HESS reported receipt of a letter from Chief Cagle indicating the resignation of Patrolman Walter W. Brown, an officer of the Police Department since January 1, 1957, effective May 2, 1965, Mr. Brown accepted a position with the State Highway Patrol and he wishes to be retained on the eligibility list. City Manager Hess suggested the resignation be accepted and a recommendation made to the Civil Service Commission that he be placed on the list. Moved by Colburn, seconded by Alien, the City Manager's recom- mendations be approved* Vice Mayor Allen suggested a certificate be issued to Mr. Brown. Carried by unanimous vote,. CITY MANAGER HESS reported receipt of a request from the Ladies' Auxiliary, Order of Eagles, Aerie No, 2712, to hold a rummage sale on March 22, 1965, for charity work on a no -fee basis, and -suggested the permit be granted. Moved by Alien, seconded by Hogue, a no..feejDermit be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None, 3/16/65 CITY MANAGER HESS reported receipt of a communication from Lloyd H. Lobel, Attorney -at -Law, relative to property purchased by Canteen Service, requesting an extension of the 180 day building stipulation; under the terms of a pre- liminary injunction issued by Superior Court, Canteen Service has been restrained since January 6, 1965, from constructing their building at 24th and Coolidge Avenue and there may be a further delay. City Manager Hess reported the letter requested a 6 months extension of the condition of the Grant Deed which required start of construction not later than March 17,1965, City Manager Hess recommended, in view of the fact that the pending litigation is not between Canteen Service and National City, the injunction has tied their hands and they could not comply, they be given a 90-day extension. Councilman Colburn asked if 'We did not allow this request, would the property revert back to the City. City Manager Hess stated we do not automatically get the property back; there are certain procedures to take: we can say we would like to have the property back and will refund their money and they could agree to consummate the transaction but, if they are not willing to negotiate, we would have to take further action that might end in litigation. Councilman Colburn asked if action on the requested extension could be postponed for one week. City Manager Hess stated they should have started construction the 17th or 18th; by postponing it, you delay action and grant them stay of execution. Moved by Colburn, seconded by Morgan, the item be tabled until the next regular meeting. Mayor Gautereaux asked if the delay would not put it in jeopardy. The City Attorney stated he did not think so; withholding or deferring action on their request does not in any way jeopardize our position. Carried by unanimous vote. CITY MANAGER HESS stated in regard to property purchased by E. M. Granz, northwest corner of 30th and National, on March 10, 1964, in the amount of $27,011.05, it was stipulated he would begin building within 180 days and it was specifically set forth in the escrow instructions (construction should have begun by May 11, 1964); subsequently, Mr, Granz requested a 4-month extension, which the City Manager recommended against, but Council granted the additional 4 months. City Manager Hess stated the 4-month period expired March llth and we still do not have a comprehensive plan from Mr. Granz nor has he begun construction as called for. The City Manager suggested that since he has not performed, authority be granted the City Attorney and City Manager to take the necessary steps to obtain clear title on behalf of the City. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITYTIANAGER_ HESS reported receipt of a communication from Wayne P. Lill,. Associated Engineers, stating the adjoining owners recently installed a curb on the west side of Highland Avenue from Sweetwater Bridge to the south city limits and requesting the City construct pavement between the newly installed curb and the adjoining pavement in general agreement with the procedures used in the widening of Highland Avenue through National City. Mr, Lill also requested the City install mercury vapor lights along this section of street. City Manager Hess stated this is not the way Highland Avenue was widened throughout the rest of National City; it was accomplished by 1911 Act in two increments and it was done on a 50-50 basis. The City Manager4said we have a responsibility in this regard; the job is not of tremendous magnitude, an estimated cost of $3,800.00 in round figures, and suggested a counter offer be made to Mr. Lill and Mr. Hodge, the principal, the City share the cost on a 50-50 basis for the development from the existing travelway to the curb. Moved by Alien, seconded by Colburn, the City Manager's recommendation be approved, In answer to Councilman Morgan's question, City Manager Hess stated this will be a permanent street, the contract will go to bid and the job performed by an outside contracting company. Mayor Gautereaux stated it appears a substantial improvement has been made and he did not see where this comes under the type of approach of a 1911 Act; the owner made the improvement of sidewalks and curbs and substantial upgrading to the area of business; if he is not willing to go along with a compromise, the City has the responsi- bility of taking out the burm they own in the street and putting in a decent street. Councilman Hogue stated this land was annexed by the City of Chula Vista. Director of Planning Stockman stated this matter was brought to the Council previously, both National City and Chula Vista annexed this piece of street; Chula Vista annexed it first and it is believed their annexation would prevail over our annexation. Motion and second withdrawn. Moved by Allen, 3/16/65 40 seconded by Hogue, the matter be referred to the City Planner for clarifi- cation of the ownership of this piece of street, Carried by unanimous vote. Councilman Morgan suggested the City Manager talk to the City Manager of Chula Vista and see if this thing can be worked out and perhaps some day we can get this street. CITY MANAGER HESS reported receipt of a request for an oversized driveway by Hubert Hubbard, 413 "D" Avenue, which was pressing as they are building now. The City Manager stated the property is zoned R-4, there are two existing residences and a third under construction, there are two existing offstreet parking spaces, the proposed driveway is to be used for offstreet parking for the new construction, City Manager Hess stated the plan was reviewed by the Director of Planning, City Engineer and the City Manager and they con- curred he should be allowed to have this additional driveway. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote, MR, H, S. HAUGHTON, representing. Walter E. Fiedler, Inc., was present and stated he had a check for $1,000.00 and wished to reiterate his original offer for the property at 24th and Wilson, a minimum of five acres at $11,000.00 per acre, Mayor Gautereaux recommended the offer be resubmitted to the Real Estate Committee. Moved by Morgan, seconded by Colburn, the matter be placed on the Agenda for the Real Estate Committee meeting Friday at 4:00 p.m. Carried by unanimous vote. CITY CLERK MINOGUE read a letter from Congressman Van Deerlin thanking the City Council for the Resolution of Appreciation and said it would be on file in her office. CITY CLERIC MINOGUE reported receipt of the San Diego County Water Authority report on the Timing of Construction and Sizing of the Second Barrel of the Second San Diego Aqueduct and Proposed Operation of the San Diego County Water System 1965-1985. The report will be on file in her office. CITY CLERK MINOGUE reported she is receiving Legislative Bulletins from the League of California Cities and they will be available for review in her office. CITY ENGINEER FOSTER stated the advertising for Euclid Avenue from 4th to 8th Streets for bids on April 12, 1965, has been set up. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommendation of March 10th (copy of which was furnished to each Council member) on approval of upgrading the zoning requirements of the 0. D. Arnold Estate Subdivision and a revision in the requirements of signs permissible in C-2 Planned Development zones, She recommended the report be received and referred to the City Clerk for the setting of a public hearing on April 6th. Moved by Morgan, seconded by Colburn, the City Planner's recommendation be a proved, Councilman Colburn said Section 7-(1) states homes were not to exceed i.1/2 stories in height above street level and it is possible some homes could have two stories without blocking anyone's view; some homes could have 1/2 story added onto the present structure that would block someone's view, Councilman Colburn stated in the O. D. Arnold Estate Subdivision there are some vacant lots, and asked if there is some way of including in the proposed ordinance that a person could build a 2-story home if it did not block the view of any neighbor. City Attorney Carstens stated it was possible but you would have the problem where one person felt it interfered and another person might disagree; if you have 1,.1/2 stories,, you can adhere to it. The City Attorney stated from a legal point of view he would recommend against it because of the difficulty of enforcing it. Councilman Colburn asked if it would be possible to allow a variance if someone wished to construct a 2..story building where there were no protests. Director of Planning Stockman stated a Conditional Use Permit could be allowed if it were shown it would not be hindering views of adjoining property.Mayor Gautereaux asked if this should not be limited to deed restrictions, Director of Planning Stockman stated it was the feeling of citizens working on the General Plan that deed restrictions and ordinances should coincide. Motion carried by unanimous vote. 3/16/65 41 THE TREASURERtS REPORT for the month of February, 1965, was presented. Moved by Morgan, seconded by Allen, the report be accepted and filed. Carried by unanimous vote. COUNCILMAN HOGUE asked if land sold by the City could be sold by the purchaser during the period of time they have to begin construction. City Manager Hess stated if he was referring to Alco Fence, they had been contacted and they indicated they have no intention of selling and they plan to build here; there was no time stipulation for construction in their case because of engineering work on fill and compaction, Mayor Gautereaux suggested it be referred to the City Attorney for a report next week. City Manager Hess stated there is nothing to stop them from selling after they have built any- way so they can speculate later. Moved by Morgan, seconded by Hogue, the City Attorney report next week, Carried by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present and thanked the Council for cleaning up the park; stated there should be an exit from the Park onto 16th Street. Mr. Alsdorf said the City put a No Stop at his entrance to lots on "IC" between 21st and 22nd; it was not legally right to keep him from entering his front or back yard, City Manager Hess stated the encroachment is on next week's Agenda along with staff reports. Mr. Alsdorf said there is no law that can keep him from going in his front yard; the City has chosen to build a wall which runs about 3 feet from the property line and he can't cross that line, which is not proper or legal, Mr. Alsdorf asked that this be straightened out. MOVED BY MORGAN, seconded by Allen, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:26 p.m. ATTEST: � �„52---- MAYOR, CITY'OF NATIONAL CITY, CALIFORNIA I 1 � City Clerk (/ , 3/16/65