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HomeMy WebLinkAbout1965 07-06 CC ADJ MIN145 National City, California, July 6, 1965 The adjourned meeting of the City Council of National City of June 22, 1965, was called to order by Mayor Gautereaux at 7:30 p.m. COUNCIL MEMBERS PRESENT: Alien, Hogue, Morgan, Gautereaux. Council members absent: Colburn. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Gautereaux, Huffaker, Maley, Minogue Associate Civil Engineer Newberry, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Right Reverend Joseph Rossell, St. Anthony's Catholic Church. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $5,825.00. Moved by Alien, seconded by Hogue, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Alien, Hogue, Gautereaux. Nays: None. Absent: Colburn, Abstaining: Morgan, COUNCILMAN COLBURN arrived and took his place at the meeting. RESOLUTION No. 8952, "RESOLUTION AUTHORIZ ING TRANSFER OF FUNDS (From Special Street Fund to 186.1 Gas Tax Fund $2,400.00)," was read. Moved by Hogue, seconded by Allen, the Resolution be adopted, Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8953, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS (From 186.1 Gas Tax Fund to Special Street Fund $38,708,58)," 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. RESOLUTION NO. 8954, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS (General to Retirement $11,000.00, General to Library $2,108.35, General to Park $4,658.87, General to Traffic Safety Fund $3,000.00)," was read. Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried, by the foll oaring vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8955, "RESOLUTION ADOPTING SALARY SCHEDULES FOR 1965-66," was rear Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. MOVED BY ALLEN, seconded by Colburn, the adjourned meeting of June 22nd be closed. Carried, by unanimous vote. The meeting closed at 7:38 p.m, ATTEST: AL CALIFORN A 6/22/65, 146 National City, California, July 6, 1965 The regular meeting of the City Council of National City was called to order by Mayor Gautereaux at 7:30 p.m. COUNCIL MEMBERS PRESENT: Alien, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Gautereaux, Huffaker, Maley, Minogue, Associata Civil Engineer Newberry, Osburn, Stockman. MOVED BY ALLEN, seconded by Colburn, the minutes of the regular meeting of June 15 (revised) and June 22nd be approved, Carried by unanimous vote, RESOLUTION NO. 8956, "RESOLUTION ADOPTING NEW PRICE LIST FOR LEASE OF JULY 23, 1963, ON.pO RTION OF LAS PALMAS PARK AS AMENDED (Golf Course,)" was read. 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., resolution amending resolution No. 8887, granting residential planned development permit (Hardcastle), was presented. Moved by Allen, sec- onded 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. 8957, "RESOLUTION AMENDING RESOLUTION NO. 8887, GRANTING RESI- DENTIAL PLANNED )•EVELOPMENT PERMIT (Hardcastle)." MOVED by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan, RESOLUTION NO., resolution accepting conveyance of real property for street purposes (Grant Deeds from Robland Company, Edmond E. Herrscher, J. Earl & Eugenia V, Garrett, Frank A. & Waltraud Schaap, John W. & Marilyn Gilmore) 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, 8958, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY FOR STREET PURPOSE.S.(Grant Deeds from Robland Company, Edmond E. Herrscher, J. Earl and Eugenia V, Garrett, Frank A, & Waltraud Schaap, John W. & Marilyn Gilmore)." Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan Gautereaux. Nays: None. Resolution No., resolution authorizing execution of corporation grant deeds (Walter E. Fielder, Inc.) was read. City Attorney Carstens stated the legal descriptions on the deeds did not have the notation "approved by the Engineerinc Department" and suggested the Resolution be adopted and the Mayor authorized to execute the deeds on condition the descriptions were approved by the Engin- eering Department. Moved by Alien, seconded by Colburn, the Resolution be adopted. Councilman Morgan asked what property this was. The City Attorney said he was not sure which of the two pieces of property the resolution concerned and requested Associate Civil Engineer Newberry to identify it. Moved by Hogue, seconded by Gautereaux, it be tabled. Carried, by unanimous vote. ORDINANCE NO., an ordinance amending Ordinance No, 827 of the City of National City (72 hour parking), was presented for the second reading. Moved by Allen, seconded by Morgan, the second reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO, 1117,"AN ORDINANCE AMENDING ORDINANCE NO. 827 OF THE CITY OF NATIONAL CITY (72 hour parking)," Moved by Colburn, seconded by Allen, the Ordinance be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan,. Gautereaux. Nays: None. 7/6/65 147 CITY ATTORNEY CARSTENS reported receipt of a Public Utilities Commission ORDER INSTITUTING INVESTIGATION of underground utilities; he stated the Commis- sion instigated the investigation on its own motion. The City Attorney said the purpose was to conduct state-wide hearings which might require the revision of existing rules and establishment of new rules and rates pertaining to the extension of electric and communication service. City Attorney Carstens stated it would not preclude cities from adopting their own ordinances. The City Attorney reported no dates were set for the hearings and he would keep the Council advised. MOVED BY HOGUE, seconded by Allen, the Resolution in regard to Grant Deeds be removed from the table. Carried by unanimous vote. City Attorney Carstens stated the property under discussion was the soutbeoct corner of Wilson Avenue and 24th Street, the larger portion on the east stde of Wilson, Mayor Gautereaux asked if there was further discussion on the motion. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Councilman Morgan asked if the motion was to bring it back on the floor. Mayor Gautereaux stated it was to adopt the Resolution. Councilman Morgan said he wanted to vote "no" on passing the deeds over; the State says you can sell property without going to bid providing you get a reasonable price; but he believed this was a "gift" of the land, especially on the west side of the Avenue; they should have drained it on the east side instead of the Council's giving them this property without a dime on the west side. City Attorney Carstens stated there were two pieces of property and two separate transactions; the deeds under discussion pertained only to the property on the east side; the motion before the Council was merely to adopt the resolution pertaining to the property on the east side. Councilman Morgan state he could not vote "aye" on the Resolution, he wanted his vote changed. Mayor Gautereaux requested two motions be entertained: one to adopt the resolution by title only and the second to adopt the resolution. Moved by Alien, seconded by Colburn, the reading of the Resolution be waived and it be adopted by readinc7 of the title only. 'Carried b y unanimous vote. RESOLUTION NO. 8959. "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEEDS (Walter E. Fielder, Inc.)." Moved by Colburn, seconded by Alien, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen] Colbuffi, Hogue, eautereaux. Nays: Morgan. COUNCILMAN MORGAN stated when 5th Street was closed at Euclid no public hearing was set and asked if one should have been set. City Attorney Carstens stated the street has not been officially closed, it might be difficult to drive on it, but no action was taken to close it. COUNCILMAN MORGAN said the State Legislature passed a bill to unite the courts in the South Bay area and it is up to the Board of Supervisors to unite our court with South Bay. Councilman Morgan stated he was not in favor of it; he thought the Supervisors should be notified by resolution, the Council does not want the court moved out of National City, new facilities are being built for them and they should stay in National City. Councilman Morgan stated he would like the City Manager to report on this and if it is true, a resolution be adopted opposing it. Moved by Morgan, seconded by Hogue, the Manager report next week. Vice Mayor Allen stated there will be a second Municipal Court in the South Bay area providing the Justice Court is closed The Vice Mayor suggested the Resolution indicate new facilities for a Court were being built in the Civic Center. Mayor Gautereaux stated he discussed the matter with a Municipal Judge and heaAdvised the Board of Supervisors now can combine the South Bay Municipal Court District into the San Diego Municipal Court District and if this happened National City would have the benefit of all of the population and no longer be restricted to the 40,000 population figure the Board of Supervisors set up for National City and thereby have the oppor- tunity of having either a Municipal Court or, possibly, a Superior Court. The Mayor stated the Council should urge the Board of Supervisors to take this action. Moved by Morgan, seconded by Hogue, the Mayor's report be incorporated in the City Manager's report. Carried by unanimous vote. 7, 8/65 148 COUNCILMAN COLBURN stated several months ago the Council passed a motion to proceed with a tree planting program which was laid aside until completion of the 701 program; the 701 program included a recommendation for'five year tree planting program, with specified amounts to be spent each year. Council- man Colburn stated it was referred to the Finance Committee and no action was taken because it required Capital Outlay money and at the time the Committee did not think there would be funds available in the amounts specified. Councilman Colburn urged the Council to start a tree planting program with- out specified money, funds to be spent as the City can afford to spend them and when possible, undertake the complete program. Moved by Colburn, seconded by Morgan, the City Manager be authorized to start a tree planting program without specific monies or a time being set, using monies as they are available. Mayor Gautereaux spoke against the motion, if a limited program was to be initiated, the Finance Committee should specify the amount which could be spent. Councilman Colburn said what he intended was to follow the program as laid out, but instead of spending $10,00Q.00 per year, possibly $3,000.00 per year could be spent; and if additional monies were derived from land sales or other sources the complete program could be accomplished. Moved by Hogue, seconded by Allen, it be tabled until next week. Carried by unanimous vote. COUNCILMAN HOGUE stated he would make one more plea to the Council; the Recreation Department ranked fourth in the budget, two new persons were hired to lead the program; the recreation program planned for this summer exceeded any he had seen for National City. Councilman Hogue said he believed the program could best be carried out by the person who developed it but he was appointed temporary administrative assistant. Councilman Hogue suggested Mr. Huffaker be moved back to the Recreation Department until the summer program is completed and someone of equal ability but in a less important position aid Mr. Osburn for the next three months; when the time comes to appoint an Assistant City Manager, permit anyone to compete for the position. Moved by Hogue, seconded by Morgan, this suggestion be made, Motion failed by the following vote, to -wit: Ayes: Hogue, Morgan. Nays: Allen, Colburn, Gautereaux. VICE MAYOR ALLEN requested two reports be made by the City Manager: (1) when it will be possible to complete Plaza Boulevard across the newly annexed Fritz property and (2) what might be done to create a new street to relieve the traffic problems and eliminate speeding on Manchester. GEORGE SCHRADER, 712 "E" Avenue, was present and urged something be done about the smog created by the Navn`ighting school and read a newspaper article about the dangers and cost of smog. Moved by Colburn, seconded by Morgan, the City Manager's office negotiate once again with the defense facility in regard to the burning of oil in the fire school, Moved by Morgan, seconded by Colburn, the motion include a studydf ordinances to see if it is a violation. Moved by Colburn, seconded by Morgan, the motion include a copy of the communication to be sent to the defense facility, keeping in mind. a copy be sent to our Representatives and before the communication be sent we have the report back in regard to the communication sent to the defense facility. Mayor Gautereaux recommended it also be sent to the Air Pollution Control Board as it affects more than this City. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be included in the motion. Vice Mayor Allen stated it was taken to our Congressmen before and referred to the Secretary of the Navy; however, some of the people are not there any longer,.. some of them have more seniority now and our Congressmen and the Under Secretary of the Navy should all receive the communication. Councilman Colburn asked if this would be after the report was received and Vice Mayor Allen agreed Carried by unanimous vote. HOWARD KING, 2226 East 5th Street, was present and stated someone said 5th Street was not closed but they poured a cul-de-sac there today; the cul-de-sac is not in the center of the street; if there was a fire there a fire engine could not get in; also there is an 8 foot fence with a sign saying "closed"., 7/6/65 149 E.H. ALSDORF, 2105 "J" Avenue, was present and stated his understanding of the planting of trees was a person could choose his own trees and if the Direc- tor of Parks agreed it was a proper type and requested the Council to adopt an ordinance forbidding additional liquor licenses in the area between 6 th and 12th Streets and Hoover and B Avenues. PAYROLL AUDITED BY THE FINANCE COMMITTEE was presented: $61,025,67. Moved by Allen, seconded by Colburn, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $14,084.03 Traffic Safety 2,113.44 Park 789.74 Retirement 5,078.28 Special Strf.et 1,514.90 Sewer 795.81 Civic Center 1,154.08 TOTAL $25,530.28 Moved by Colburn, seconded by Alien, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. CITY MANAGER OSBURN stated in regard to the report on sale of flowers on private property by out-of-town individuals, unsightly businesses, and possible amendment of ordinance, a study is being made of the business license ordinance for the preparation of a new ordinance by the end of August and requested permission to include it in the new ordinance. Moved by Hogue, seconded by Allen, the City Manager's request be granted. Mayor Gautereaux asked if the Council would be able to review the changes prior to the presentation of the ordinance and was advised there would be opportunity for review. Carried by unanimous vote. COMMUNICATION FROM THOMAS H. COSBY, General Chairman, Memorial Day Service, expressing appreciation for the assistance of the Council and City employees was presented. Moved by Allen, seconded by Morgan, it be filed. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: Hogue. THE MINUTES OF THE CIVIL SERVICE COMMISSION meeting of June 16th were presented. Ordered filed by unanimous vote. THE RECOMMENDATION OF THE TRAFFIC SAFETY COMMITTEE to install a traffic signal light at the intersection of 8th Street and Euclid Avenue was presented. Moved by Alien, seconded by Colburn, it be referred to the Finance Committee. Mayor Gautereaux inquired if it falls within the priorities of the budget for this fiscal year. City Manager Osburn stated it did., Councilman Colburn withdrew his second. Moved by Morgan, seconded by Hogue, the recommendation be approved. Carried by unanimous vote. ORIGINAL APPLICATION FOR ON -SALE BEER LICENSE by Morris Arkeen, Harold Gilber and Elsa Gilber, dba Side Investment, Inc., 137 East 9th Street)and a communi- cation in this regard from the Chief of Police were presented. Moved by Hogue, seconded by Morgan, the Chief of Police's recommendation be approved and the license application be protested. Councilman Colburn spoke against the motion saying there were not grounds for protesting this type of business, new building should be encouraged. Vice Mayor Allen stated it was not a beer license as such, it was to be a resi'taunt and a good restraunt of this type will lift the downtown area out of adslump. Councilman Morgan said he thought the communication from the Chief of Police should be read into the record, the address listed on the application is non-existent. Morris Arkeen was present and stated the address was given to the property by the City of National City. Councilman Hogue said the Chief of Police stated there should 7/6/65 150 be a hearing to determine the legality of the license. Vice Mayor Allen stated if the application were filed then it would be up to the Alcoholic Beverage Control to determine whether or not it was legal. Councilman Colburn said the Chief of Police reported his thoughts in the communication not facts and on this basis it might be possible to protest every application for license on the grounds it was thought the individual might have committed a felony at some time; any protest we make should be made on the basis of what is good for the City. E.H. Alsdorf, 2105 J Avenue, stated the Chief of Police works in conjunction with the State Alcoholic Beverage Control Board and has given his thoughts in terms of City Ordinances; he is within his province making that kind of recommendation. Vice Mayor Allen asked Director of Planning Stockman how the area is zoned. Director of Planning Stockman stated the area is zoned C-3, General Commercial Vice Mayor Allen asked what the proper zone for a church was. Mrs. Stockman stated a residential zone, churches were prohibited within a commercial zone; in 1954 when the ordinance was adopted, it placed any church within such a zone in "non -conforming" use; the new sanctuary at the First Methodist Church was built under a variance granted by the City. Motion carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Gautereaux. Nays: Allen, Colburn. A COMMUNICATION FROM J. DEECEMA in regard to the Resolution requesting access roads, Inland Freeway, intersections of Routes 54 and 805, was presented. Moved by Morgan, seconded by Hogue, it be filed with the City Manager. Carried by unanimous vote. AN APPLICATION FOR REFUND OF $25.00 PERFORMANCE BOND by D.J. Pearcy, 325 North R Street was presented. Moved by Hogue, seconded by Allen, it be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM 'THE SAN DIEGO COUNTY WATER AUTHORITY in regard to their. exhibit at the County Fair was presented. Moved by Allen, seconded by Morgan, it be filed with the City Manager. Carried by unanimous vote. A COMMUNICATION FROM U.S. ARMY CORPS OF ENGINEERS in regard to dredging an area off Point Loma was presented. Moved by Alien, seconded by Morgan, it be filed with the City Manager. Carried by unanimous vote. A COMMUNICATION PROM CITY ENGINEER FOSTER in regard to acquisition al right-of- way on Lanoitan Avenue, l8th Street to 24th Street, was presented. Vice Mayor Allen suggested until such time as the hearings are held on the 1911 Act on Lanoitan this amount of money be included in the district fund because, once it is accepted, the City will put in its money and can pick this up; there will be no condemnation or purchase until it is known there will be a 1911 Act district. Moved by Allen, seconded by Hogue, an amount to cover the acquisition of right-of-way be included in the district fund and if accepted, the City pay the costs of right-of-way as part of its participation. Councilman Morgan inquired if the City needed the right-of-way to complete its street pattern whether or not a 1911 act went through. City Manager Osburn stated the street is narrow but it is not an absolute necessity unless it were to be improved at this time, Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM AMERIC!•N LEGION POST #255 requesting permission to sell tickets to a Dinner -Dance July 3rd, profits to support the American Legion Junior Baseball Team, was pros ented. Moved by Morgan, seconded by Hogue, it be granted and filed with the City Manager. Vice Mayor Alien stated this was July 6th and the permission was requested for July 3rd, the proper motion would be to ratify the City Manager's action in granting permission. Moved by Morgan, seconded by Hogue, to include the Vice Mayor's suggestion in the motion. Carried by unanimous vote. A COMMUNICATION FROM ASSEMBLYMAN E. RICHARD BARNES acknowledging receipt of Resolutions Nos. 8914, 8515, and 8923, was presented. Moved by Hogue, seconded by Allen, it be received as informati ai. Carried by unanimous vote. 7/6/65 151 THE RECOMMENDATION OF THE PARK AND RECREATION ADVISORY BOARD to defer planting of El Toyon Park was presented. Vice Mayor Allen inquired when the planting was scheduled. City Manager Osburn stated the first priority was the Pony League Field, after that the planting of El Toyon Park, Mayor Gautereaus stated he would speak strongly against the recommendation, the Council resp- onded to citizens requests by putting in the green area out there, part of it has been planted and as there were monies available to do the work and it was scheduled, the project should be completed. The Mayor said the newspaper reported the request to defer the planting was made because of other recreat- ional facilities which may come from the master plan and be approved; he wished all the recreational facilities were planned and they might be done as quickly as money was available for them; but until such time as they can be accomp- lished, the people of the City were entitled to the green area. Moved by Colburn, seconded by Morgan, the recommendation of the Park and Recreation Advisory Board be approved. Councilman Morgan said the members of PRAB were waiting for the members of the Council to sit down and discuss this with them and he would be happy to do it. Councilman Colburn said he attended the PRAB meeting where the recommendation was made and the members did not know when the turfing was to begin they were afraid if money were spend on it there might be reluctance to put in other developments and there might be other projects of more importance than turf. Councilman Colburn stated if the motion on the floor carried, he would move that a meeting of the PRAB, Council and interested Department Heads be set up through the City Manager's office to see if every- one was in agreement. Councilman Hogue asked if there was a pre -plan for th0 park as to type of buildings, or type of park; the Council was pressured by the people through Councilman Morgan to put in the turf. City Manager Osburn stated there were preliminary plans made for El Toyon but he could not say how extensive they were without research. Councilman Hogue stated he did not want to meet with PRAB and listen to them argue about it, their recommendation was not unanimous; they should come to an agreement themselves and submit a plan. Vice Mayor Allen asked the Director of Planning if any plans for the park were made after we exchanged property with the State because of the Free, - way; he knew she had prepared plans for the original park. Director of Planning Stockman stated the only plans she knew of were the plans presented by Director of Parks Gautereaux the night he showed the planting of the area and recent plans she drafted for the Park and Recreation Advisory Board which they are discussing at present. Vice Mayer Allen inquired if they were asking for any buildings in addition to the Community Building already in the Park. The Director of Planning said they were asking for a utility building, a tot lot, tennis courts, lawn bowling, handball and horseshoes. City Manager Osburn, in answer to Vice Mayor Alien's question, stated none of these items was in the Capital Outlay Budget for this year. Councilman Colburn stated the PRAB did not understand why the turf was required, although they requested it they did not know how it was brought to their attention to be requested; they would like to find the best use of the park; possibly some areas could be left without turf. Councilman Hogue asked Councilman Morgan if he believed the people in the area still want a green park or ifthey now want tennis courts, etc. Councilman Morgan said they want something to do when they are in the park but they do want large areas of green and trees, he did not think the people changed their minds; he thought the original plans showed tennis courts and tot lots, etc. Moved by Hogue, seconded by Allen, it be tabled until a pre -plan for the area is presented. Carried, by the following.. vote, to -wit: Ayes: Allen, Hogue, Morgan, Gautereaux. Nays: Colburn,C ounc3l Hogue stated there was $850.00 in this year's budget for El Toyon tot lot. Mayor Gautereaux asked the Diredtor of Parks to report on when the planting was to be accomplished. Director of Parks Gautereaux stated due to the condition of the territory it will be five weeks before the stolons can be planted and every day counts; there is much work to be done before the planting can be accomplished. Director of Parks Gatuereaux stated there were plans which showed hard surface, parking lots, picnic areas, etc., but it was nec- essary to change the streets going in; the location of the various pieces of equipment that may be deemed necessary to go into the park has not been determined; it was requested consideration be given to planning of the park under the 701 program. Mayor Gautereaux introduced the new Director of Parks and Recreation, Mr. Maley. Councilman Morgan stated he thought the Council should meet with PRAB. Moved by Hogue, seconded by Alien, Mr. Morgan be appointed to represent the Council and meet with ERAB. Councilman Colburn 7/6/65 152 stated the motion was made on impulse; the entire Council was invited to go to the meeting. Moved by Hogue, seconded by Allen, the motion be amended to include Mr. Colburn. Carried, by the following vote, to -wit: Ayes: Allen, Hogue, Gautereaux, Nays: Colburn. Abstaining: Morgan. Moved by Allen, seconded by Hogue, the Park Superintendent continue with the plans originally formulated for this park and continue with the planting until he is ordered to stop. Councilman Colburn stated this could refer to any number of plans submitted in the past. Vice Mayor Allen stated the intent of the motion was to continue the planting as planned, time is important; if it was determined there should be a tot lot in some area the planting could be stopped or the turf could be dug up. Mayor Gautereaux requested the motion be re -stated. Vice Mayor Allen witktlrew the motion for re -stating. Moved by Allen, seconded by Hogue, the Park Superintendent continue with the planting of El Toyon Park in all areas as had been planned until such time as he is ordered to stop or desist from planting. Mayor Gautereaux stated there was no money available this fiscal year for capital outlay in El Toyon Park, he would be happy to sit down and talk to PRAB about future capital improvements, but they tied it to a reques to circumvent previous council action; he was happy to sit down at any time with any group and discuss anything provided it is not tied to something else. Vice Mayor Allen stated he was not against talking to anyone. Council- man Colburn stated it will be 5 weeks before the planting is started, there woul be plenty of time to meet with PRAB before,then. E.H. Alsdorf stated the next meeting of PRAB is the first Thursday at 7:30 p.m, which would be after the planting was started. Motion carried, by the fol loivingvote, to -wit: Ayes: Alien, Hogue, Gautereaux. Nays: Colburn, Morgan. CITY MANAGER OSBURN stated his first action as City Manager would be to re- appoint all the present City employees subject to appointment by the City Manager. Moved by Allen, seconded by Gautereaux, the appointments of the City Manager be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereauk. Nays: Morgan. CITY MANAGER OSBURN presented the minutes of the regular meeting of the San Dieg County Water Authority Board of Directors meeting of June loth and announcement of scheduled meetings. Ordered filed by unanimous vote. CITY MANAGER OSBURN presented the minutes of the regular meeting of the Board of Directors of the South Bay Irrigation District of June 1st. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from the National City Pony League for 10 folding tables and 100 chairs for use at a dance July loth at the Olivewood Women's Club, profits to go into the Pony League General Fund, at a fee of $1.00, and recommended it be approved. Moved by Alien, seconded by Colburn, it be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereauux, Nays: None. CITY MANAGER OSBURN reported receipt of a certificate of insurance for the R. E. Hazard Contracting Company (improvement of Euclid Avenue, 8th Street to Plaza Boulevard) and said it was reviewed by the City Manager and the City Attorney and appears to be in order. Ordered filed by unanimous vote. CITY MANAGER OSBORN reported Jeanne Young and Earl Carter were eligible for step increases which were approved by t heir Department Heads and the City Manager. Moved by Allen, seconded by Hogue, the step increases be granted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN reported receipt of the Auditor's report for the fiscal year ended June 30, 1964. Ordered filed by unanimous vote. 7/6/65 153 CITY MANAGER OSBURN reported receipt of a League of California Cities' Legislative Bulletin which advised AB 1615 (cigarette tax enabling act) was on the Governor's desk for signature and urged all interested City officials to requesovernor to approve it. Moved by Alien, seconded by Hogue, a wire be sent requesting the Governor to approve AB 1615. Councilman Colburn spoke against sending the wire as he believed the tax to be discriminatory. Carried, by the following vote, to -wit: Ayes: Allen, Hogue, Morgan, Gautereaux,- Nays: Caburn CITY CLERK MINOGUE reported receipt of the Legislative Bulletin theCity Manager mentioned, which recommended interested City officials write the Governor in regard to approval of Ab 1615 (cigarette tax) and AB 1150 (dedic- ation of park lands) and as the Council was on record as approving 1i)t:1 bills by adoption of Resolutions, she mailed certified copies of the two resolutions to the Governor on June 30th. Moved by Allen, seconded by Morgan, the City Clerk's action be ratified. Carried, by the following vote, to -wit: Ayes: Allen, Hogue, Morgan, Gautereaux. Nays: None. Abstaining: Cb lburn. CITY CLERK MINOGUE read a petition from residents of the 2200 and 2300 blocks 6f East 5th Street in regard to the blocking off of the east end of 5th Street and the lowering of Euclid Avenue, requesting steps be installed from the east end of the 2300 block of 5th Street to the Lev'"el of Euclid Avenue, a sidewalk be laid along the west side of Euclid Avenue from 4th to 7th Streets, and V Street be graded and paved from 5th to 8th Streets. Mayor Gautereaux recom- mended the petition be referred to the City Manager. Moved by Morgan, seconded by Hogue, the Mayor's recommendation be approved. Carried by unanimous vote; ASSOCIATE CIVIL ENGINEER NEWBERRY reported rws-;;ipt of a communication from the Division of Highways in regard to a plan for directional signs diverting traffic to National Avenue, National City, to alleviate the problem of traffic being diverted to National Avenue, San Diego, and asked if the Council approved. Councilman Morgan inquired if the Chamber of Commerce approved the plan. Mr. Newberry stated he did not know if they had seen the plan but he thought the signs the State planned to put up were about the best they could do. Moved by Morgan, seconded by Allen, the Council approve the plan subject to approval by the Chamber of Commerce Committee. Councilman Colburn said State policy is not to identify cities on signs on the freeway although they do identify the city limits; our business men had the problem of people turning off Freeway 5 at National Avenue in San Diego; the Chamber of Commerce could not do anything but accept this; he would like to see this approved immediately so we could be in touch with the City of San Diego through the City Manager's office in regard to the sign Mr. Newberry mentioned and hope they could be persuaded through resolution, or whatever it would take to help us with our problem, Moved by Morgan, seconded by Alien, to include in the motion the City Manager get in tour with the City of San Diego and tell them we are in favor of the States recom- mendation and our Chamber is in the very near future. Edith Sherman, Manager, National City Chamber of Commerce, was present and said the Board of Directors of the Chamber heard about the plan and concurred it was the best thing that could be done. Mayor Gautereaux congratulated Mrs. Sherman and her Committee on the appearance of the new National City sign on the Freeway. Councilman Hogue stated the Chamber also had a booth at the County Fair which won a prize. Motion carried by unanimous vote. ASSOCIATE CIVIL ENGINEER NEWBERRY reported in regard to an offer of dedication of East 24th Street adjacent to the Golf Course, it was not possible to make a topographic survey of the area; the survey crew was busy with construction work and probably would not be able to make the survey within the next two or three weeks; he would not make a firm recommendation without a survey. THE REPORT OF THE DIRECTOR OF PUBLIC HOUSING for the period ending May Si, 1965, was presented. Moved by Hogue, seconded by Morgan, it be accepted and filed. Councilman Colburn said he noticed a vacancy of 46 units on the report and askec if the Director of Housing would care to comment. Director of Public Housing Gautereaux said the vacancy factor was about 16% and the prime reason was the public announcements the property is for sale. Motion carried by unanimous vote. 7/6/65 154 DIRhc.1UR OF PLANNING STOCKMAN read the Planning Commission's June 14th recom- mendation to grant a variance (Zone Variance 2-37) to Merle and Velda Ward, 2704 East 14th Street, for a rear yard setback from 25 to 17 feet to construct an ad- ditional room. Moved by Allen, seconded by Hogue, the Planning Commission's recommendation be, approved. Carried by unanimous vote. RESOLUTION NO._, resolution granting zone variance pursuant to Ordinance No. 96: (Merle and Velda Ward) 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. 8960, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO* 962 (Merle and Velda Ward)." Moved by Colburn, seconded by Allen, the Resolutior be adopted. Carried, by the following vote. to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommendation of June 28th to issue a Commercial Planned Development Permit for the Fraternal Order of Eagles, Aerie 2712, 3145 Sweetwater Road, subject to 22 stipulations.. Moved by Hogue, seconded by Allen, the Planning Commission's recommendation be approved. John Bohling, 3430 Randy Lane, Chula Vista, representing the Eagles was present and stated one of the stipulations was that all distribution and communication utilities and facilities within the boundaries of the planned commercial development were to be placed underground unless shown it was un- reasonable or impractical because of circumstances, unique to the particular case. Mr. BdIling stated due to a drainage ditch 5 feet below the lowest grade level of Sweetwater Road it would be impractical. Mr. Bohling said another stipulation (No.16) stated the area between the 20 foot wide earth access road and proposed hall, north and south were to be landscaped and stipulation (no.18) stated the services of a competent, qualified landscape architect shall be req- uired in all the landscaping. Mr. Bohling stated they were willing to landscape the property but failed to see why they had to hire a landacape architect and incur the additional expense; this money could be spent on additional trees and plants. Mx. Bohling requested they not be held to "hire a landscape architect,." Mayor Gautereaux asked if he had a rendering of the landscaping. Director of Planning Stockman said if the Council decided to eliminate the landscape archite she would agree providing the landscape plans were submitted to the Planning Commission prior to the development. Councilman Morgan stated Mr. Bohling could bring in the detailed plans on the underground facilities at the same time. Mr. Bohling stated underground facilities would be impractical because of the drain- age ditch. Director of Planning Stockman stated after the grading plan was completed it could be determined whether or not it was impractical. Vice Mayor Allen stated he just learned of two large concrete drains under Sweetwater Road and he could not see how anyone could be made to put anything underground in the area. Mr. Bohling stated they submitted a grading plan and it shows a 15 foot ditch for drainage. Mayor Gautereaux asked if the Commission took this into consideration. Councilman Colburn said it appeared the circumstances were uniqu and asked if it would be possible to have a portion only underground. Director of Planning Stockman stated the feeder line going into the property could be above ground but around the development they could be placed underground. Mayor Gautereaux suggested it be tabled and referred back to the Planning Commission and they re -consider these items. Moved by Colburn, seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated in rebard to the request for dedication of 10 feet on 24th Street, the people in the area were concerned about opening up 23rd Street west of Newell Avenue to open the lands there; the south of 24th Street was dedicated under subdivision map as 30 feet with a cul-de-sac. Mrs, Stockman continued it is possible to get another 16 feet making 24th Street a 46 foot right-of-way. Mrs. Stockman went to a chart on the board and said work- ing with the Police Department, Fire Department and Engineering Department, the plan as outlined would best serve emergency equipment and if the Council was in accord to open Q Avenue between 23rd and 24th Streets as a 60 foot right-of-way, 23rd Street as a 46C:right-of-way, she could proceed along those lines and work with the property owners unless the Engineering survey finds the 16 foot is not feasible in which case it could 7/6/65 155 drop back to a 10 foot dedication as recommended by the property owner. Moved by Morgan, seconded by Colburn, the Director of Planning's recommendation be approved. Vice Mayor Allen asked if the property owners would give the land or if it would have to be wired by condem4ion. Mrs, Stockman said the owners on 23rd Street indicated their willingness to dedicate 23rd Street; the only property owner on 24th Street made the request. Caxried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read a petition for annexation in accordance with the Annexation of Uninhabited Territory Act of 1939 signed by Mary Frances Morrison and recommended the petition be received and referred to the Planning Commission for a report. Mooed by Morgan, seconded by Allen, the Director of Planning's recommendation be approved. Carried by unanimous vote. In answer to Mayor Gautereaux's question, Mrs, Stockman stated the annexation was approximately 14 acres west of Darling Lane and south of Sweetwater Road. COUNCILMAN HOGUE stated he attended the Lion's Club Forth of July celebration in Kimball and the crowds were so large he would suggest the council consider the possiblity of allowing the Lion's Club t o extend out to the ball field in the future. C.L. FOSTER, 1071 Carlsbad, Spring Valley, Manager, U.S. National Bank, was present and stated he was concerned over the Councii's action in regard to the application for on -sale beer license by Side Investment, Inc. Mr. Foster stated there was need for re -development of the area and a good restaunt and new building would be an asset. Mr. Foster said the Council should seriously consider allowing the resraunt to be built. MOVED BY HOGUE, seconded by Morgan, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:16 p.m. ATTEST: (T-.71;1- --'Mhycr, City of -National City, California I