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HomeMy WebLinkAbout1965 08-24 CC MIN201 MINUTES OF THE REGULAR MEETING OP THE CITY COUNCIL OP THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 24, 1965 The regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Minogue, Osburn, Planning Aide Reeves. The meeting was opened with salute to the Flag led by City Manager Osburn, fol- lowed with invocation by Mayor Gautereaux. RESOLUTION NO. 8988, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Nolie Schultz)" was read. Moved by Hogue, seconded by Alien, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux commended Nolie Schultz for her many achievements and presented her with an award. RESOLUTION NO, 8989, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH KOBBIG & KOEBIG, INC." was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO, 8990, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (W,I. and Anita Woolford)" was read. 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, , resolution fixing 1965-66 tax rate, 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. 8991, "RESOLUTION FIXING 1965-66 TAX RATE." 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. 8992, "RESOLUTION FAVORING THE LOWER COLORADO RIVER BASIN PROJECT ACT," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted and copies sent to our congressmen in Washington as well as California law -makers from this area. Carried, by the following vote, to:wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8993, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY CHAMBER OF COMMERCE," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. , resolution directing notice of filing of assessment and time of hearing thereon (Euclid Avenue, 8th Street to Plaza Boulevard, Assessment District No. 142), was presented. Moved by Hogue, seconded by Alien, the reading of the Resolution be waived and it be adopted by reading of the title on only. Carried by unanimous vote, RESOLUTION NO. 8994, "RESOLUTION DIRECTING NOTICE OP PILING OF ASSESSMENT AND TIME OF HEARING THEREON (Euclid Avenue, 8th Street to Plaza Boulevard, Assess- ment District No. 142)." 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. 8/24/65 202 CITY ATTORNEY CARSTENS reported the City Clerk referred the complaint of J.J. Campos to him on August 3rd, based on discussion with the Police Department he recommended the claim be denied and the City Clerk be directed to so inform Mr. Campos. Moved by Allen, seconded by Colburn, the City Attorney's recom- mendation be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated a letter from John W. Kirby in regard to a residential use of property within .M-2 Zone was referred to him. The City Attorney said a new residential structure was being built on the land in question and it was asked if this complied with Ordinance No. 962. The City Attorney stated Section 11, Ordinance No. 962 described non -conforming uses within zones, the wording of the ordinance is ambiguous and although there was a good possibility the building was beyond the intent of the ordinance, it might be advisable to eliminate such problems in the future by amending the ordinance. Moved by Alien, seconded by Hogue, the observations of the City Attorney be approved and the City Attorney instructed to study the ordinance and draw up a new ordinance eliminating ambiguities. Mayor Gautereaux stated tie City Attorney reported the intent of the Ordinance when enacted was not clearly spelled out and a possible violation was called to the Council's attention by Mr. Kirby's letter and he felt it should be referred to the Planning Commission. Vice Mayor Allen stated he investigated the property in question and read the ordinance; in one instance the ordinance would make it appear the people were in violation and in another part it states they may expand; the ordinance shouldbe clairtfied; he did not know how the Council could say the people were wrong unless it went to court and they might win. City Attorney Carstens stated he thought Mr. Gautereaux's observations were well taken and if the Planning Commission would give him some indication of what they would like to have in- cluded it would be helpful. Moved by Hogue, seconded by Morgan, the motion be amended to read "the ordinance be turned over to the Planning Commission for study and recommendations and they consult with the City Attorney and, as neces- sary, the ordinance be re -written." Amended motion carried by unanimous vote, CITY ATTORNEY CARSTENS stated the Mayor requested an opinion on a driveway at the SW corner of 8th and K and a ruling on whether or not the property owner was in violation of City ordinances by virtue of action taken by the City Council. The City Attorney read a portion of Ordinance No. 851. The City Attorney stated it does not appear the improvements have altered things in any way; he did not think it could be concluded the property owner was in violation; the ordinance states "shall not be placed" and the driveway may have been there before "K" Avenue; as the driveway was in existence and remained in existence it would not be a violation. The City Attorney stated she could not be forced to move the driveway. Mayor Gautereaux said the home owner has done nothing to change the driveway and violate the ordinance and because of a change in engineering she should not be denied the same access to her property. The Mayor said with additional street improvements there will be other residences in a similar position, there will be cases where there will have to be excep- tions to the rule. Councilman Morgan asked the City Engineer if he had been able to reach an agreement with the property owner. City Engineer Foster stated he had not. CITY ATTORNEY CARSTENS reported he received a letter regarding a dispute bet- w een the architect and subcontractor for the Civic Center Project,.' the contract specified Schlage locks and the sub -contractor wishes to install Falcon locks; the contractor requested arbitration of the matter. The City Attorney stated Mr. Bird, the architect, recommended there be one arbitrator instead of three and Mr. Gordon Myrick act as arbitrator (the contractor is agreeable to this), Mr. Myrick's fee to be $125.00 per day, or $75.00 per half day; a third point was the cost of arbitration could be shared by both parties, by the party who is not maintained, or the arbitrator decide how the cost is to be borne. The City Attorney suggested the Council confirm the appointment of Gordon Myrick as sole arbitrator, confirm the fees, and decide how the cost shall be apportioned. Councilman Morgan asked if the Council could go on record as wanting Schlage locks and no others. City Attorney Carstens stated the contract states any dispute is to be submitted to arbitration. Councilman Morgan stated he thought the locks should be Schlage. Moved by Morgan, seconded by Hogue, the locks not 8/24/65 203 be changed as Schlage locks were specified in the plans. Councilman Hogue stated this might help in the arbitration. Councilman Morgan asked if the contract called for :Schlage locks or equal, or Schlage only. City Attorney Carstens stated undex the terms of the contract they can substitute equal or better. Motion and second were withdrawn. Moved by Alien, seconded by Morgan, the recommendation of the architect be approved in all three instances and that it would be preferable to the Council Schlage locks be used. Councilman Morgan said it seemed if the Council voted they wanted Schlage locks it would end it; there would be no need for arbitration. Councilman Hogue stated if the City paid a charge for arbitration on locks there might be a dispute over something else and the City would have to pay it. Mayor Gautereaux stated the motion did not specify which of the three methods of payment for the arbitration was to be approved. Moved by Hogue, seconded by Morgan, the motion be amended to include "the Council suggests the contractor pay for the arbitration." Amended motion carried by unanimous vote. COUNCILMAN HOGUE stated Ordinance No. 708 dealing with the issuance of licenses for different businesses in the City, specifically Sectia 44 covering street dances, circuses, shows, etc. is delinquent i.n one thing, the City should have control over the issuance of licenses such as these because no one can forsee the atmosphere, the trends, or the temper of the times. Councilman Hogue said at the present time there is a fee of $30.00 and a license may be issued; but sometimes the nature of the times has a bearing on when such events should take place or should not take place; it should be turned over to the City Manager and City Attorney and Section 44 should be amended to provide for thirty days notice or to have Council approval. Moved by Hogue, seconded by Morgan, Ordinance No. 708 be turned over to the City Manager and the City Attorney and the section pertaining to the issuance of licenses for street dances, circuses, and other events of that nature be amended to read "must be approved before the license can be issued," Mayor Gautereaux read Section 44 of Ordinance No. 708. City Manager Osburn reported a parking lot dance was scheduled for last Friday at Alpha Beta, proceeds for retarded children; the $30.00 fee was paid but it was discovered only Friday a bond was not posted as required by Ordin- ance No. 708. The City Manager said tickets were on sale for a month or so and because of tensions in the area they were allowed to hold the dance rather than cancel it at that late date. The City Manager stated Ordinance No, 708 is being re -written at this time and could include anything the Council might recommend. Motion carried by unanimous vote. VICE MAYOR ALLEN stated Ordinance No. 828 (animal regulation) was obsolete in many phases. Moved by Allen, seconded by Colburn, Ordinance No. 828 be referred to the City Attorney for clairifi.cation of the entire ordinance and amendment where necessary, Moved by Morgan, seconded by Hogue, the motion be tabled until next week. Motion failed, by the following vote, to -wit: Ayes: Hogue, Morgan. Nays: Alien, Colburn, Gautereaux. Mayor Gautereaux stated he intended to vote "aye" and requested a roll call. Motion to table carried, by the following vote, to -wit: Ayes: Hogue, Morgan, Gautereaux. Nays: Allen, Colburn VICE MAYOR ALLEN stated he would like a resolution drawn thanking Mr. and Mrs. Ike Alien of the Plaza Bowl for their hospitality at the Pony League reception. Moved by Allen, seconded by Morgan, a resolution be drawn thanking Mr. and Mrs. Allen.. Mayor Gautereaux stated it would be in order to wait until the end of the Series and include the names of all those who participated. Second was withdrawn. Mayor Gautereaux and Vice Mayor Alien requested Councilman Morgan keep a list of all who participate so a resolution may be prepared at the end of the Series. J.W. KIRBY, 115 East 18th Street, was present and stated in regard to the resid- ence being built within the M-2 Zone, it was his interpretation of Ordinance No. 962 new single family residences were in violation. Mr. Kirby stated he under- stood from the City Attorney's report and the action of the Council the Ordinancc may be interpreted several ways and asked if the house is completed and the Ordinance is interpreted so the house is considered to be in violation what could be done, Mr. Kirby stated the value of his property was small and would not be materially affected by one house across the street, but it might be that 8/24/65 204 20 years from now it would be difficult to develop a larger area because the house might be in the middle of it. City Attorney Carstens stated there were two problems, (first) the interpretation of the existing ordinance, the Planning Commission's, or someone's interpretation apparently was it was not in violat- ion as a building permit was issued, The City Attorney stated he could not say arbitrarilly they were wrong; it was not unreasonable to interpret,t that way. The City Attorney said the second problem was what to do about eia rification of the ordinance; if it was the Planning Commission's feeling no future resi- dences should be built there, the ordinance should be amended. The City Attorney stated he thought a court would act in favor of the person building the house under the circumstances. Vice Mayor Allen related the history of Ordinance No. 962 and explained the ordinance was worded to allow repairs and expansion to existing homes west of National Avenue. Mr. Kirby stated the building of a single family residence within the zone was not in keeping with the General Plan. EDWARD MUSE,(City Cab)6104 Nelson, San Diego, was present and requested he be granted a license to operate in National City. City Manager Osburn stated he received a certificate of insurance for City Cab and it did not comply with ordinance requirements, the certificate was received too late to contact the insurance carrier. Mayor Gautereaux suggested Mr. Muse contact Mr. Osburn the next day. PAYROLL AUDITED BY THE FINANCE COMMITTEE was presented: $62,622.40. Moved by Alien, seconded by Coiburn, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Alien, Coiburn, Hogue, Morgan, Gautereaux. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety TOTAL $4,500.00 5,362.80 $9,862.80 Moved by Colburn, seconded by Allen, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Coiburn, Hogue, Gautereaux, Nays: None. Abstaining: Morgan. CITY MANAGER OSBURN reported in regard to the application for person to person transfer of on -sale beer license by Elmer A. and Jaunetha J. Lazin, dba Al's Cafe, 2100 National Avenue, a letter was received from Acting Police Chief Owen stating the application was withdrawn, Moved by Alien, seconded by Morgan, the letter be filed. Carried by unanimous vote, CITY MANAGER OSBURN reported in regard to the cost of a three day AAU Meet at the Municipal Pool August 26-29, based on the Meet held in July it was felt the City would net about $85.00, Moved by Allen, seconded by Morgan, the report be accepted. Carried, by unanimous vote. CITY CLERK MINOGUE reported sealed bids for the installation of traffic signals on Euclid Avenue, 4th Street and 8th Street, SS Project No. 92, were opened in her office at 3:00 p.m. August 23rd, as follows: Ets Hokin and Galvan, $10,220.00; American Electric, $13,200.00; and General Maintenance Inc. $13,485.79. The City Manager read the City Engineer's recommendation the bid of Ets Hokin and Galvan be accepted and all other bids rejected, Moved by Alien, seconded by Colburn, the City Engineer's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Alien, Coiburn, Hogue, Morgan, Gautereaux, Nays: None, RESOLUTION NO, 8995, "RESOLUTION OF AWARD OF CONTRACT (Installation of Traffic Signals on Euclid Avenue at 4th Street and 8th Street) was read. Moved by Morgan, seconded by Coiburn, the Resolution be adopted, Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 8/24/65 205 APPLICATION FOR PREMISES TO PREMISES TRANSFER of alto holic beverage club license by the Eagles Lodge, 3120 Sweetwater Road, was presented. Moved by Allen, seconded by Colburn, it be filed. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. MINUTES OF THE CIVIL SERVICE COMMISSION meeting of August 18th were presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported Helen Mueller was eligible for a step increase which was approved by her department head and the City Manager. Moved by Allen, seconded by Colburn, the step increase be granted. Carried by unanimous vote. CITY MANAGER OSBURN reported the Chief of Police requested permission to go to bid for ten police vehicles on October 4th. Moved by Allen, seconded by Colburn, the request be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of the operations report for the month of July from the San Diego County Water Authority. Moved by Allen, seconded by Colburn, it be filed with the City Manager. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a certificate of insurance for Allen J. Riggs, Jr. and Vella U. Riggs, all owned or non -owned vehicles, building raising or moving, etc., grading of land-N.O.C., etc, Contractors permanent yards, etc. and said it was approved by the City Attorney and the City Manager and recommended it be filed by the City Cleric, Ordered filed by unanimous vote CITY ENGINEER FOSTER requested permission to go to bid for application of "SLURRY SEAL" coat to 80 blocks of City Streets (Approximately 750 tons) on September 13th. Moved by Colburn, seconded by Hogue, the City Engineer's request be approved. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to the request for oversized driveway by Mr. Durf by the plat was received late that afternoon and suggested it be held for recommendations of the Engineering and Planning Departments. Moved by Colburn, seconded by Alien, the City Engineer's recommendation be approved, Carried by unanimous vote. VICE MAYOR ALLEN stated a copy of the qualifications for the Administrative Assistant was attached to the Civil Service Minutes and the educational qualifications require graduation from college with a major in public administrations business administration, political science, or a related field. Vice Mayor Allen stated there might be qualified men of experience who did not have the educational requirements and suggested a certain number of years of experience in lieu of education be added. Moved by Gautereaux, secended by Allen, the Vice Mayor's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen,, Colburn, Mosiyen., Gautereaux. Nays: Hogue. Abstaining: Morgan. s CITY ATTORNEY CARSTENS reported receipt of a copy of the proposed code for National City. The City Attorney stated once the Code was approved by the Council it would be adopted and suggested the Council review the proposed code so necessary changes could be taken care of without numerous changes to ordinances. City Manager Osburn stated there were three copies available at present and he would have additional copies prepared so that each department head and each Councilman would have a copy for study.. MAYOR GAUTEREAUX announced there would be no meeting next week as it would be the fifth Tuesday. Moved by Morgan, seconded by Colburn, the meeting be closed. unanimous vote. The meeting closed at9:i0 ,m. °ATTEST./ CITY CLERK *As corrected 9/7/65. IM Carried by t NAL/CITY, CALIFORNIA