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HomeMy WebLinkAbout1965 05-18 CC MIN101 National City, California, May 18, 1965 The regular meeting of the City Council of National City was called to order by Vice Mayor Alien at 7:30 p.m. Council members present: Allen, Hogue, Morgan. Council members absent: Colburn, Gautereaux. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Gautereaux, Hess, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Hess followed with invocation by the Reverend 0, B. Booker, Ni sionary Church of God in Christ. MOVED BY HOGUE, seconded by Morgan, the minutes of the regular meeting of May llth be approved with two additions to Page 99$ "Rrt of the Director of Public Housing was presented and ordered filed by unanimous vote. The City Treastfrerts report for the month ending. April 30, 1965, was presented and ordered filed by unanimous vote." Carried by unanimous vote. Absent: Colburn, Gautereaux. VICE MAYOR ALLEN suggested, as two Council members were absent and the Mayor appointed all Councilmen to the Finance Committee, Councilmen Hogue and Morgan check and sign the warrant register. MOVED BY ALLEN, the two hearings (Use District Hearing, Proposed Ordinance Change to establish Residential Planned Unit Development Zoning, and Use District Hearing, Establishment of C-2-P-D Commercial Planned Development Zone for Sweetwater Road Annexation, 3300-3400 Block Sweetwater Road' scheduled for 8:00 p.m. be placed on the Agenda for next week. Councilman Morgan stated if people came for the hearings, they should be heard. Vice Mayor Allen stated there should be a full Council present for the hearings and recommended the two hearings be continued. City Attorney Carstens stated if the motion made by Vice Mayor Allen carried, the continuance of the hearings would haveto be announced at 8:00 p.m. Moved by Morgan, seconded by Hogue, the matter be deferred until 8:00 p.m. Carried by unanimous vote. Absent: Colburn, Gautereaux. RESOLUTION NO. 8914, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING ASSEMBLY BILL 1615 (cigarette tax)," was read. Moved by Hogue, seconded by Morgan, the Resolution be adopted, Carried, by the follow- ing vote, to -wit: Ayel.: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. RESOLUTION NO. 8915, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING ASSEMBLY BILL 2024 (bail forfeitures)," was read. Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen, Nays: None. Absent: Colburn, Gautereaux, CITY MANAGER HESS requested permission to inform the Chairman of the Assembly Committee by telegram of the adoption of Resolution No. 8914. Moved by Hogue, seconded by Morgan, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None, Absent: Colburn, Gautereaux. RESOLUTION NO. 8916, "RESOLUTION ACCEPTING GRANT DEED FOR PUBLIC TEAM TRACK (Lydie R. Hewitt)," was read. Moved by Hogue, seconded by Morgan, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Alien, Nays: None. Absent: Colburn, Gautereaux. RESOLUTION NO. , resolution adopting map showing exterior boundaries of Assessment District (9th Street and "K" Avenue, Assessment District No. 143)„ 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 unanimous vote. Absent: Colburn, Gautereaux. 102 RESOLUTION NO. 8917, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (9th Street and "C." Avenue, Assessment District No. 143)." Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Alien. Nays: None. Absent: Colburn, Gautereaux. RESOLUTION NO. , resolution adopting plans and specifications (9th Street and "K" Avenue, Assessment District No. 143), 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 unanimous vote. Absent: Colburn, Gautereaux. RESOLUTION NO. 8918, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (9th Street and "C" Avenue, Assessment District No. 143)." Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. RESOLUTION NO. , resolution of intention (9th Street and "K" Avenue, Assessment District No. 143), was.presehted Moved by Morgan, seconded by Hogue, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote.' Absent: Colburn, Gautereaux. RESOLUTION NO. 8919, "RESOLUTION OF INTENTION (9th Street and "K" Avenue, Assessment District No. 143)." Moved by Hogue, seconded by Morgan, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan,? l.en. Nays: None. Absent: Colburn, Gautereaux. CITY ATTORNEY CARSTENS reported in regard to the case of the City of National City vs. Capital Lands Corporation, an answer to the complaint filed by the City and cross -complaint filed in the action were received at 5:30 p.m.today and suggested the Council adjourn for an executive session later in the evening. Vice Mayor Allen stated there would be an executive session before the close of the meeting. COUNCILMAN MORGAN stated he was informed Stanley Dodge-Simca, Inc. did not put up a bond for waiver of sidewalks and curbs on 29th Street between National Avenue and "A" as directed by the Council. City Manager Hess stated the bond was on file with the City Clerk. COUNCILMAN MORGAN inquired about the lawsuit over the property at 24th Street and Coolidge Avenue and asked if two parties were suing each other; he understood Mr. Grant was suing Canteen Service for part of the property. City Attorney Carstens stated the City of National City is not a part of this action but might be made part later; the plaintiffs in the action, Capital Lands Corporation and Edward Granz, principal, assert they have certain rights to a portion of that five acres; Canteen Service is the de- fendant in the action. The City Attorney stated he did not know the exact basis for the claim; he understood they claim some type of oral agreement was entered into. City Attorney Carstens stated Capital Lands Corporation has a restraining order to prevent proceeding with construction on the property; a hearing was scheduled,,but the City Attorney's understanding was the matter will not come to a head for a couple of months. COUNCILMAN MORGAN stated there were two accidents on Manchester Street and the people in the area are -up in arms. He proposed the speed limit be reduced from 25 mph to 15 mph or San Diego put in a street. City Manager Hess stated it has been a problem for the past several years, especially the alleged excessive speed, and he would make available a recent report from the Police Department on a one week test on Manchester indicating no excess- ive speeding in the area, City Manager Hess suggested this item be referred to the Traffic Safety Committee for consideration of reduction of speed in the area. Moved by Morgan, seconded by Hogue, it be referred to the Traffic Safety Committee for study to reduce the speed limit to 15 miles per hour on Manchester. Carried by'unanimous vote. Absent: Colburn, Gautereaux. VICE MAYOR ALLEN stated that Councilman Colburn was in Room 123, Bay General Hospital, Chula Vista; where he underwent surgery. 5/18/65 103 VICE MAYOR ALLEN suggesto:d the 4tWo hearings scheduled for 8:00 p.m., (Use District Hearing,Proposed Ordinance Change to establish Residential Planned Unit Development Zoning and Use District Hearing,Establishment C-2-P-D Commercial Planned Development Zone for Sweetwater Road Annexation, 3300-3400 Block Sweetwater Road) be continued until next week; two members of the Council were absent and all Council members should be in attendance for the hearings. Moved by Morgan, seconded by Hogue, the Vice Mayor's recommen- dation be approved and the hearings be continued to 8:00 p.m. next week. Carried by unanimous vote. Absent: Colburn, Gautereaux. VICE MAYOR ALLEN announced the official groundbreaking ceremonies for the Civic Center would be at 10:30 a.m., Friday, May 21, 1965, at the site. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General $ 14,067.72 Traffic Safety 912.96 Park 720.54 Retirement 5,281.57 Trust & Agency 50.00 Special Street 1,081.24 Sewer 564.97 Total $ 22,679.00 MOVED BY HOGUE, seconded by Morgan, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. RESOLUTION NO. 8920, "RESOLUTION AUTHORIZING PAYMENT FROM CAPITAL OUTLAY FUND (22 sections portable bleachers $15,533.78)," was read. Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. CITY MANAGER HESS reported in regard to the possibility of installing a banked shuffleboard court in Kimball Park and whether or not the lines on the exist- ing straight shuffleboard court are "regulation," it can not be installed now and there is no such thing as "regulation" width of lines (it varies from one state to another) and the lines on the court in Kimball Park are of the same width as those generally used in the San Diego area. CITY MANAGER HESS reported in regard to deletions from the original plans for the Civic Center, each Council member was provided with copy of a communication from Mr. Bird, architect, relative to the deletions and suggestions concerning those items which may be included at a future date. The City Manager suggested Mr. Bird's communication be reviewed by the Council and the matter be placed on the Agenda for next week. Moved by Morgan, seconded by Hogue, the City Manager's suggestion be approved. Carried by unanimous vote. Absent: Colburn, Gautereaux. CITY MANAGER HESS reported he met with Mr. Peltier, Castle -Rambler, concern- ing start of construction, completion date, amount involved and whether or not a Grant Deed would be given to the City in the event he did not comply. The City Manager stated Mr. Peltier and Rodney Smith, architect, hoped to have the plans prepared for the Planning Commission meeting of June 9, 1965; the building would cost approximately $60,000.00 to $80,000.00 and would contain facilities for new and used car sales; it would take approximately five months after groundbreaking to complete the construction and would not contain their service facilities, only their sales facilities; they will not enter into a grant deed agreement with the City, which would amount to a forfeiture. Nice Mayor Allen stated these people have done nothing toward carrying out their agreement for start of construction and will not give a grant deed; they should be treated the same as the man on the opposite corner. Vice Mayor, Allen stated the Chair would entertain a motion to instruct the City Attorney to start proceedings. Councilman Morgan said this was not the same situation; Castle -Rambler will have their plans completed and this is exactlywhat we want on that land; it is completely out of order and he would not go along with it. Moved by Hogue, seconded by Allen, the extension be denied and, if necessary,, referred to the City Attorney. Councilman 5/18/65 104 Hogue stated he did not believe what this man intends to build on this corner is compatible to the two new agencies in the area: Stanley Dodge-Simca, Inc. and Webster Pontiac. Councilman Hogue said if this man was sincere, the land may be available to him again. Motion carried by the following vote, to -wit: Ayes: Hogue, Allen. Nays: Morgan. Absent: Colburn, Gautereaux. CITY CLERK MINOGUE reported the results of the opening of sealed bids at 3:00 p.m. yesterday afternoon for the improvement of 30th Street from Coolidge Avenue to the Railroad; five bids were received as follows: Daley Corporation $23,503.14; V. R. Dennis Construction Company $25,810.96; Griffith Company $23,751.95; Sim J. Harris Company $26,139.86; R. E. Hazard Contracting Company $24,669.30; City Manager Hess recommended the contract be awarded to the Daley Corporation, low bidder, and all other bids rejected. Moved by 1organ, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Colburn, Gautereaux. RESOLUTION NO. 8921, "RESOLUTION OF AWARD OF CONTRACT (Improvement of 30th Street Paving, Coolidge Avenue to Railroad)," was read. Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux.. on COUNCILMAN MORGAN stated he heard/a news broadcast this evening that the Government is working on a program for matching funds; if we have this gas tax money, we can get matching money. City Manager Hess stated he did not believe State money could be matched with State money. Councilman Morgan said it might be a Federal program. City Manager Hess stated he would look into it. CITY CLERK MINOGUE reported the results of the opening of sealed bids at 3:00 p.m. yesterday afternoon for stock plant mix; three bids were received as follows: Daley Corporation $6.25 per ton with no indication of whether or not tax was included; V. R. Dennis Construction Company $5.95 per ton, plus tax; Griffith Company $6.60 per ton, including tax. City Manager Hess suggested stock plant mix be purchased from V. R. Dennis Construction Company, low bidder. Moved by Morgan, seconded by Hogue, the City Manager's recommen- dation be approved. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. AN APPLICATION for refund of $25.00 performance bond by Joan A. Pugsley, 2525 "M" Avenue, was presented. Moved by Morgan, seconded by Hogue, the request be granted and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. AN APPLICATION for refund of $25.00 performance bond by Andy Johnston, 1930 Cleveland Avenue, was presented. Moved by Hogue, seconded by Morgan, the request be granted and warrant ordered drawn for same. Carried, 'by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. THE MINUTES OF THE LIBRARY BOARD OF TRUSTEES' meeting of May 5th were presented. Ordered filed by unanimous vote. Absent: Colburn, Gautereaux. THE MINUTES OF THE PARK AND RECREATION ADVISORY BOARD'S meeting of May 6th were presented. Ordered filed by unanimous vote. Absent: Colburn, Gautereaux. CITY MANAGER HESS reported St. Mary's School Guild requested the use of a portion of Kimball Park, adjacent to "D" Avenue, Sunday, May 23rd, for a picnic. The City Manager suggested permission be granted to the Superintendent of Parks to reserve this area for them. Moved by Morgan, seconded by Hogue, permission be granted. Carried by unanimous vote. Absent:Colburn, Gautereaux. CITY MANAGER HESS stated when Legislative Bulletins are received, they are analyzed and the Council is provided with a statement for reviewandpreparation of a resolution. City Manager Hess stated a Bulletin was received today which requires immediate action; Assembly Bill 2317 in regard to a 56 hour week for firemen will be heard on May 20th. The City Manager stated two other Bills of this nature have been heard by the Assembly and defeated; the current Bill should be opposed by the Council if for no reason other than it declares 5/13/65 105 fire protection is a matter of statewide concern and not a municipal affair. City Manager Hess said he did not concur with their reasoning, it appeared to be one more step to usurp the powers of local government by the State, and urged the Council to grant him authority to wire the Committee opposing Assembly Bill 2317. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Morgan, Allen. Nays: Hogue. Absent: Colburn, Gautereaux. CITY MANAGER HESS reported receipt of a Certificate of Workmen's compensation insurance for Raymond A. Whitwer, contractor for the Civic Center, which was reviewed by his office and the City Attorney, and suggested it be filed. Ordered filed by unanimous vote. Absent: Colburn, Gautereaux. CITY MANAGER HESS recommended, without a full Council, his report on business license procedures (copies of which were distributed to the Council members) be laid over and;.placed on next week's Agenda► Moved by Hogue, seconded by Morgan, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Colburn, Gautereaux. CITY MANAGER HESS presented the San Diego County Water Authority minutes of the Board of Directors' meeting of April 8th and communications dated April 30th and May 7th, and suggested they be filed. Ordered filed by unanimous vote. Absent: Colburn, Gautereaux. CITY CLERIC MINOGUE stated last week Councilman Hogue moved the Council adopt the "Guide to Legislative Procedures"; as there were no copies available, she wrote to the League of California Cities for copies; they will be distri- buted when received and the item placed on the Agenda. CITY CLERK MINOGUE presented a letter from the National City Lions Club expressing their thanks for the City's contribution toward the success of their second Easter Sunrise Service on April 18th. DIRECTOR OF PLANNING STOCKMAN presented a report of the Planning Commission (copies of which were distributed to the Council members) relative to the request for the closing of 23rd Street between Wilson Avenue and Montgomery Freeway and recommended the report be received, referred to the City Attorney for the necessary resolution and the report considered at the time of the public hearing. Moved by Hogue, seconded by Morgan, the Director of Planning's recommendation be approved. Carried by unanimous vote. Absent; Colburn, Gautereaux. DIRECTOR OF PLANNING STOCKMAN stated she had placed in the Councilmen's mail folders copy of a draft of the surety bond prepared for Red-E-Crete and asked if Council considered it met the requirements. City Manager Hess stated there were certain ambiguities set forth in the minutes and there were no clear-cut guide lines for the bond. Vice Mayor Alien stated a motion of confirmation would be entertained. Moved by Morgan, seconded by Hogue, the draft of the surety bond prepared for Red-E-Crete be approved. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. COUNCILMAN HOGUE stated "Reports," some have not City Manager Hess stated Council through the City present; they are listed will not be overlooked.. with the individuals and in regard to the Department Heads listed under attended Council meetings since he was elected. their reports were actually transmitted to the Manager's report and it is not necessary they be in order that possible last minute, pressing business Vice Mayor Alien suggested the City Manager check report if there should be deletions in the list. The meeting adjourned at 8:36 p.m. to executive session. The meeting was called to order by Vice Mayor Allen at 8:55 p.m. Council members present: Hogue, Morgan, Allen. Council members absent: Colburn, Gautereaux. 5/18/65 106 CITY ATTORNEY CARSTENS stated there Was discussion in executive session regarding the action of the City of National City vs. Capital Lands Corpor- ation (Superior Court 291122) and as a result of the discusssioh requested Council authorization to file answers to the cross -complaint filed in this action on,behalf of certain City efliployees as well as on behalf of the City. Moved by Morgan, seconded by Hogue, the City Attorney's recommendation and request be,approved.. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. MOVED BY MORGAN, seconded by Hogue, the Council adjourn until 1:30 p.m., Tuesday, May 25, 1965, Council Chamber, for the Civic Center bond opening. Carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Allen. Nays: None. Absent: Colburn, Gautereaux. The meeting adjourned at 8:57 p..m.' VICE MAYOR,CITY OF NATIONAL CITY,CALIFORNIA ATTEST: tY CICLERK 5/18/65