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HomeMy WebLinkAbout1965 10-26 CC MIN259_ MINUTES OF THE REGULAR MEETING OF THE. CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 26, 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: Civil Engineer Onley, Stockman. The meeting was opened with salute Huffaker, followed with invocation Carstens, Foster, Huffaker, Minogue, Assoc. to the Flag led by Administrative Assistant by `lice Mayor Allen. RESOLUTION NO. 9012, "RESOLUTION OF COMP'IDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Lynn Bush)" was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. Mayor Gautereaux presented an award to Lynn Bush and introduced her parents who were present. MOVED BY ALLEN, seconded by Colburn, the minutes of the regular meeting of October lath be approved. Councilman Morgan said he noticed in the minutes the examination for Administrative Assistant to be given on November 15th was a closed examination; there were two people among the City employees who wanted the job and one of them has left on leave for a year or more, he was against a closed examination; it should be open to all to get the best man for the position. Mayor Gautereaux asked if Councilman Morgan wanted to change the minutes. Moved by Hogue, seconded by Morgan, it be discussed under Council Communications, Mayor Gautereaux ruled the motion was out of order. Motion to approve the minutes carried by unanimous vote. CITY ATTORNEY CARSTENS presented a resolution in regard to the Morrison Annexation and stated he wassrequested to investigate whether or not the annex- ation could be approved inasmuch as the Council voted to not .allow the annex- ation. The City Attorney stated in research he found nothing to prevent the Council from adopting a resolution determining no majority protest was made; the only written protest received was conditional; there was no reason the Council could not adopt the resolution and continue to the first reading of the ordinance allowing the annexation. The City Attorney said there was a motion to table the matter until the State Division of Highways advised the Council in regard to the proposed Freeway; a letter was received from the State and also a letter from the Chamber of Commerce. Acting City Manager Foster read a letter from G. L. Richardson, Assistant District Engineer, State Division of Highways, stating there were no precise schedules for Freeways 805 and 54, their programs were being accelerated, and they expected to start acquisition of right-of-way in the next two or three years. Mayor Gautereaux read the letter from the Chamber of Commerce, dated October 26th, and signed by Ralph Finnerty, President, stating the Board of Directors, on recommendation of the City Planning Committee, voted unanimously to endorse the Morrison Annexation and proposed mobile homes park. The City Attorney recommended, before the reading of the resolution, the Council make a motion to approve the ?lanning Commission's recommendation the area be zoned C-2-A and to rescind the previous :notion to deny the zoning. Moved by Allen, seconded by Morgan, the City Attorney's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9013, "RESOLUTION FINDING AND DETERMININING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (MORRISON ANNEXATION)" was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9014, "RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR LEGAL SERVICES," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. 10/26/65 260 CITY ATTORNEY CARSTENS stated he had four resolutions pertaining to a new 1911 Act, Prospect, 16th to 18th Street, Moved by Allen, seconded by Hogue, the m ading of the resolutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. RESOLUTION NO. 9015, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH ?LANS SPECIFICATIONS AND ESTIMATES (.Prospect Street, 16th Street to 18th Street, Assessment District No. 145)." Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 9016, "RESOLUTION ADOPTING MAP SHO?'DING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Prospect Street, 16th Street to 18th Street, Assessment District No. 145)." 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 INTO. 9017, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Prospect Street, 16th Street to 18th Street, Assessment District No. 145." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit:: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: iTone. RESOLUTION NO..9018, "RESOLUTION OF INENTION (".prospect Street, 16th to 18th Street, Assessment District No. 145)." 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. Ordinance No. , an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City, California (Adding Par. Q to Sec. 10 and Sec. 4.32) was presented for the second reading. Moved by Allen, seconded by Colburn, the second reading of the Ordinance be waived and it be adopted by reading of the title. only. Carried by unanimous vote. ORDINANCE NO. 1119, "AN ORDINANCE AME1DING ORDINANCE NO. 962, ZONING ORDINANCE OP THE CITY OF NATIONAL CITY, CALIFORNIA (Adding Par. Q to Sec. 10 and Sec. 4.32)" Moved by Alien, seconded by Morgan, the Ordinance be adopted. Carried, by the following vote, to -wit: Ayes; Allen, Colburn, Hogue, Morgan, Gautereaux- Nays: None. Ordinance No. , an ordinance approving territory designated "Morrison Annexation" presented for the first reading. Moved by first reading of the ordinance be by title the annexation of certain uninhabited to the City of National City, was Allen, seconded by Hogue, the only. Carried by unanimous vote. ORDINANCE NO. __, "AM ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'MORRISON ANNEXATION.'" JOHN MORRISON,3404 Darling Lane, was present and asked under what zoning the annexation would be accomplished. Director of Planning Stoc:pan stated the annexation would be coming in under C-2-A as requested by Mrs. Morrison. Ordinance No. —, an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City, California (establishing C-2-A zoning, Morrison Annexation), was presented for the first reading. Moved by Allen, seconded by Hogue, the first reading of the ordinance be by title only. Carried by unanimous vote. ORDINANCE NO. -, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (establishing C-2-A zoning, Morrison Annexation)." COUNCILMAN MORGAN registered a complaint in regard to the closed examination for Administrative Assistant to the City Manager; there were only two employ- ees of the City who were interested in applying for the position; one of the persons left the City and will not take the examination; the examination shoul be open to all in order that the City may get the best possible man, either inside or outside the City. Moved by Morgan, seconded by Hogue, to open the 10/25/65 251 examination for Administrative Assistant to the City Manager to all, both inside and outside the City, who qualify for the job. Councilman Hogue stated he believed Mr. Huffaker, temporary appointee to the position of Administrative Assistant, would welcome competition. `?ice Mayor Allen stated at the last count there were six applicants for the position; the Civil Service Commission has set the examination and advertised and there was no reason to undo what has been done. Councilman Hogue asked if this was true. Councilman Morgan said if th.e information was given to one Councilman it should have been made available to all; he was not downgrading Mr. Huffaker, but the City should get the beet man. Administrative Assistant Huffaker stated he was told there were six appli- cations filed for the position; he had not handed in his own application yet. Councilman Hogue stated the Civil Service Commission should report how many applications ware filed. Councilman Morgan stated some employees take e•,camin- ations for the experience and do not necessarily intend to compete for the posit- ion. Vice Mayor Allen stated the man Councilman Morgan said was out of the City was here and probably had his application in. Mayor Gautereaux stated in answer to a question of Councilman Colburn the examination was scheduled for November 15th and if open only to City employees was a fringe benefit to the employees Motion failed, by the following vote, to -wit- Ayes: Hogue, Morgan. Nays: Allen, Colburn, Gautereaux. Councilman Hogue requested a report be made by the Civil Serivce Commission on how many people were taking the examination. THE ASSESSMENT T HEARING, 1911 Act Improvement of 9th Street and ;C Avenue, Assessment District No. 143, was held at this time. City Clerk 12inogue reported affidavits of mailing, posting and publishing the assessment notice were on file. The City Clerk read a letter from John Gilmore protesting the cutting off of access to the duplex located at 1004 and 1006 East 9th Street when the new street and sidewalk was installed. Howard Smith, 830 X Avenue, was present and protested the charges for the improvement; he stated the bid was 7% lower than the estimate for the work, but the final assessments were higher than the estimate; he stated he talked to City employees about it and although they were helpful the final answer seemed to be this was what the law allowed; what was legally right was not necessarily morally right; he also stated there was lack of communication and understanding between the City and the people within the assessment district. Pair. Smith also questioned the charge of $20 per assessment for bonds when some of the assessments will not go to bond but will be paid when billed by the contractor. John Stafford, 1126 Bast 8th Street, was present and protested the lack of communications and related how he could not leave his driveway to get to work because it was blocked off by the contractor; although the workmen made it possible for him to get out he was late for work. Mr. Stafford stated someone should have had the courtesy to tell him the drive- way was going to be closed; someone should have the responsibility of seeing to it the contractor notifies the people. i'ir. Stafford stated two four foot reflector posts were installed and his tenants on 9th Street have to drive around them; he thought maybe he should take it up with the Police. Associate Civil Engineer Onley stated the reflector posts were installed because it was the end of a dead end street but Hr. Stafford had a valid point and the Public W.irks Department could remove one of the posts. Councilman Morgan said he would like to have a report on this next week. John Gilmore was present and protested tLil cutting off of the driveway to his duple x making it impossible to get into the property and said T-ir. Onley was out to look over the situation. Associate Civil Engineer Onley stated the plans were prepared by an outside engineer, he did look at the driveway although he did not see it the first time he drove by as there was so much difference in grade, and in the constructions drawings which were passed by the Council,the engineer who prepared the drawings recog- nized a four foot fill over the driveway; it appeared they closed the driveway off in their thinking. Mayor Gautereaux asked if Mr. Onley had any conversation with Mr. Phelps. Mr. Onley said they sent a plan to us which was not acceptable because it would divert the drainage and cause a depression in a sidewalk. Associate Civil Engineer Onley stated he believed there was a way this could be worked out with the City's Engineering Department and Byri Phelps. Mayor Gautereaux asked if this would be satisfactory to Mr. Gilmore. Mr. Gilmore stated it would be. Councilman Morgan stated the driveway was steep to start with and asked if T%:r. Gilmore expected it to be flattened more now than it was before installation of improvements. Mr. Gilmore stated that he did not expect that but it would have to be brought up to a useable angle. Councilman Hogue 10/25/65 262 Mr. Onley implied the Council bought plans prepared by another engineer and he was sure they were bought only on the recommend atiorof the Cityts Engineering Department. Councilman Hogue asked Mr. Gilmore if he had been aware of the plans. Mr. Gilmore replied he was not, he was not able to read specifications. Councilman Hogue stated he thought this wee what 1-ir. Smith was talking about and perhaps these people should be consulted. Councilman Morgan stated on street improvements we.should be sure people can use their driveways and the inspector on the job should see it was carried out. :rice Mayor Allen stated everyone realized there was not one street improvement where there has not been something amiss and we have always worked with the people and settled it. Roved by Hogue, seconded by Colburn, the hearing be closed. Councilman Morgan asked in regard to the one thousand dollars for inspection if the time recorde were kept in detail. City Engineer Foster stated everyone in the Engineering Department turns in a time card every day, with figures to the nearest half hour. Motion carried by unanimous vote. RESOLUTION NO. , resolution confirming assessment (9th Street and X Avenue, Assessment District No. 143) was presented. Lived by Hogue, seconded by Allen, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9019, "RESOLUTICII CONFIRMING ASSESSMENT (9th Street and :C Avenue, Assessment District No. 143)." Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Horgan, Gautereaux. Nays. None. MOVED 3Y MORGAN, seconded by Alien, the City Engineer, .7ohn Gilmore, Mr. Smith, Mr. Stafford, and Syr1 Phelps get together and work out the problems. Carried by unanimous vote. VICE MAYOR ALLEN stated the minutes indicated Mr. Meech's resignation from the Manning Commission was caused by his moving out of the City;this was not the case, Mr. Meech accepted a job out of town and is only in town on week- ends. Moved by Allen, seconded by Hogue, a certificate of appreciation be issued to i.r. Meech. Carried by unanimous vote. COUNCILP,AN HOGU3 reported the City Engineer furnished him with a copy of the breakdown of costs on the improvement of 9th and N and he had some queotions in that regard; he was to have seen Hr. Onley but could not. Councilman Hog'..e stated he was amazed to find different engineers were employed: Phelps to draw the plans and Associated Engineers to survey and lay out the grades, .end the City's own Engineering Department. Councilman Hogue asked if this was not the job of our own Engineering Department and were outside engineers always hired. Mayor Gautereaux stated when the petition for this improvement was brought before the Council our own Engineering Department was not'a-ailable to wokeon it iimuediately because of priorities and an outside firm was hired. E s:uncilman Hogue stated the bid for the construction of the improvements was 75'' lower than the estimate yet when the final cost was determined it wa.s beyond the estimated cost; there was a breakdown in communications and he would 1.i!:e tc see a better effort made to advise these people before the point of no return was reached; the Council was blamed for this; every effort should be made to forsee such mistakes and get the information to the ;people before the time whin nothing can be done. Mayor Gautereaux stated the Council would recall when Mrs. Laudmeyer's driveway problem was under discussion he pointed out tc the Council that Mr. Stafford would lose his driveway. Vice Mayor Allen asked the City Engineer how many of the last five 1911 Act Improvements, including 9th and ::, were overestimated. City Engineer Foster stated the cost of con- struction in every case was below the estimated cost; what caused the bills to be high on this 1911 Act was the outside engineering services; but if it had not been done this way it would have been a year or more before it could have been done. MOVED BY HOGUE, seconded by Morgan, a 1911 Act Improvement be instigated by the Council on Granger Avenue from 18th Street to 24th Street. at Granger 3r.'High School. Moved by Morgan, seconded by Hogue, the motion also include imauove- ment be made in front of the school and down 24th Street to Lanoitan Avenue and down the north side 20th Street to Lanoitan. Carriedlby unanimous vote. 10/26/65 A63 COUNCILMAN HOGU stated the policy of the City was if you had curbs you were eligible for a coat of asphalt across your street. roved by Hogue, seconded by Morgan, the City Manager prepare a prog._am to be included in next year's budget for the surfacing of Streets in the areas which have curbs west of National Avenue. :rice Mayor Alien stated the policy of the City was not exactly as stated by i•Ir. Hogue; the policy was to surface those streets with previous 1911 Act Improvements and which have curbs for the entire length; and that was why some streets on the west side were not covered. Councilman Hogue stated he discussed this problem with the City Manager and he was told if the people would put in the curbs on this street that the policy was and has been that they would blacktop these streets, whether they did it on a 1511 Act or whether they did it themselves. trice Mayor Allen said Councilman Houe was getting into a different area and that is where the people bought oil at one time and they would come out and grade this and them put this four inches of oil and earth back in the road. Councilman Hogue said this was not what he was talking about, he was talking about putting asphalt in. Vice Mayor Allen said streets which had nothing on them were not considered under the policy because he was here when the policy was made. Mayor Gautereaux said in effect Mr. Hogue was making a new policy. Councilman Hogue said that was what the City Manager told aim. Mayor Gautereaux stated it was a good aeproach but he had one question: did he expect it to be done immediately. Councilman Hogue stated he did not, a program should be set up over a period of time, but start now and let the City Manager decide how much we would be capable of covering to give these people a decent street in the area where they do have sidewalks and curbing. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Plays: None. COUNCILMN MORGAN stated if at the time of the hearings for the improvement of Granger there was a majority protest for a portion of the work he would not vote for that portion; he would not force people to do something against their will. MRS. ',^Ili.1 TH ATTAWAY, 2032 East loth Street, was present and asked in reference to Paradise Drive and Plaza Boulevard if a reflector could be installed before the change from daylight saving to standard time so she would know where to turn and requested some blacktop be placed there. Mrs. Attaway also stated coming out of Paradise Drive on the left the tumbleweeds have been permitted to erow so high the oncoming traffic can not be seen. Moved by Hogue, seconded bar Alien, it be referred to the Traffic Safety Committee. Mayor Gautereaux spokeagainst the motion because the things Mrs. Attaway point out were the resoonsibi1ity of the City Manager. Notion and second were withdrawn. Moved by Morgan, seconded by Hogue, it be referred to the City Manager. Carried by unanimous vote. MRS. J. R. ::NIGHT, 1431 L Avenue, was present and asked the results of the City Attorney's research on the legality of closing M Avenue. City Attorney Carstens stated he planned to report next week after he checked some other matters; basically, what the record shows was what actually happened; in reviewing the files he found the Manning Commission report to the Council December 1, 1064, xeeommended M Avenue be closed if L Avenue could be widened to a thoroughfare and a variance be granted subject to certain conditions: L Avenue he made into a full thoroughfare. The City Attorney stated it did not require dedication or that it be made a full thoroughfare but it was merely an observation but recommended that it could be made into a full thoroughfare. The City Attorney stated on December 8, 1964, the Resolution was adopted giving notice of intention to vacate, on January 5, 1965, there was a hearing on the matter and a Resolution was adopted authorizing an order to be signed vacating M Avenue; the motion to adopt was made by Horgan, seconded by Colburn, all councilmen approved it with the exception of Vice Mayor Allen who abstained. The City Attorney stated on the 10th of January, two weeks later, Resolution No. 8035 was adopted granting the zone variance, motion by Colburn, seconded by Hogue, and approved by all councilmen except Allen who abstained. The City Attorney stated the variance contains a number of conditions; none of the conditions has anything to do with the closing of M Avenue, that was a separate matter. The City Attorney said as he read the record, all he could say was what he saw in the record, there was no condition placed by the :?fanning Commission or by the Council on the closing of M Avenue. Mrs. :.night said on page 245 of the minutes 10/26/55 464 it says "Moved by Morgan, seconded by Colburn, we go along with the recommendat- ion of the City engineer, Tire Department and Planning Commission" and if you read the recommendation of the Planning Commission it says the closing of thSs street "hinges" and then it goes on and says "if" and it was her understanding with Mr. Boyer that night that nothing would be done here, because it couldn't be acne unless the other was done. Mrs. xnight said then Mr. Morgan made the motion; she was interested in this; it entailed 42,000 square feet. Mrs. might said she talked to some of the councilmen and even now this was what their intent was. Councilman Morgan stated his intention when he made the motion in January was to close M Avenue when L Street came through thee. Councilman Colburn said this was his intention also in seconding and. voting for the resolution to vacate and inquired if he could ask Mr. Gilmore the intention of his corporation, or the position it was in, regarding the mobile home site and L Avenue. John Gilmore stated he really could not say; they had been involved for better than a year and it might take another year. Council- man Colburn asked if the corporation intended to open L Avenue. John Gilmore said he could not answer, it had been given a lot of thought and they were working with the City Manager on it; but he could not answer now. Mayor Gautereaux stated the opening of L Avenue was a condition of the variance. Councilman Colburn said they might change their mind on the mobile trailer park and the property remain as it is and in later years it might be sold without the variance and they would have gained additional land from the clos- ing of the street; the street would not have been closed had they asked for the closing only. Councilman Hogue said he had gone back and read the mitt' tea and he agreed with Councilman Morgan and Colburn; it was his understanding it would be closed if they dedicated L across to :plaza; M Avenue would remain as it was until they matched us and dedicated L. John Gilmore said they have every intention of giving a street from south to north, whether it was L or N Avenue; they, too, needed access; now the City seemed to want N Avenue; it was a problem and they were st$11 working on it; they intended to dedicate but where or how they did not know. I.1r. Gilmore said he would like to comment on the City Engineer's remark about outside engineers; he come to the administrat- ion and they told him it would take a year or more before the 1911 Act improve- ment of 9th and is could begin and suggested going to an outside engineer which they said would cost about the same as the City Engineer; the City administratoz told him this; 'ere again is lack of communication. "Dice Mayor Allen said he was not guilty in the street closing as he abstained all the way through. Howard Smith said maybe everyone else knew about the higher cost of the out- side engineer but he was one of the three people he knew were not told; they did not have much communication with anybody. CLAR3NCE STEWART, Carnation Cab Company, was present and stated he sought re -consideration of his application to operate taxi -Cabs in iational City. Mr. Stewart stated he serviced Imperial Beach; they have a program of round trips to church on Sunday for a one-way fare and they would contribute the same public service in National City if permitted to operate. Ir. Stewart stated his drivers are carefully screened and are well trained. Mr. Stewa':t stated he has suffered some small financial loss as a result of the Council7s denying the permit: the application fee added insurance costa, and radio eruipment ordered when he believed the permit would be granted. Mr. Stewart stated he knew there were problems in National City with the taxicabs and this was largely due to the fact that there was not a good taxicab ordinance. Mr. Stewart said he ordered and was forced to accept $3,000 worth of radio equipment which he could not use because when he came in and to make application for his license the clerk led him to believe it was all right. Moved by Hogue," econded by Morgan, we allow this gentlemen to have permits to operate five taxicabs and we rescind the motion to deny the five cabs and then we can chop it off before someone else comes in; we chopped this off in the middle of this man's deal. 'Dice Mayor Alien stated the receipt for the request for a permit was not the same as the granting of a permit; there were other steps to be taken before the actual granting of the license; until the City had a good taxicab ordinance to control taxicabs he would not favor endangering lives by having additional cabs; five additional taxis would create additional problems. Councilman ISorgandtated he thought the City Attorney ruled there was nothing the Council coul.dd about this and the Council voted to issue these licenses. City Attorney Carstens said the Council would recall it was an insurance policy the Council approved, the application was brought back at a later time and it was denied. City Attorney Carstens said ordinance No. 920 provides the Council 10/26/65 255 with the right to deny or revoke any licenses. Councilman Colburn stated the insurance was not approved because the amounts were not proper, then the next week the City Manager reported the insurance company made an error which had been corrected, the issuance of the license came up at that time and it was :Mated they could not be denied, and then the next week it was brought to the Council's attention they had the right to deny or revoke and. the request was denied. Councilman Colburn stated he was sympathetic, he could not invest that kind of money; he would encourage the Council to hold over until the City Manager made a recommendation on hoer taxicabs could be controlled. and lee would encourage F. Stewart to hold off until the problem is taken care of and the door was open to him again. 7ice Mayor Allen reminded the Council the motion to deny the five permits to Carnation Cab also denied another cab company a permit for an additional cab. Moved by Colburn, seconded by Hogue, the item be tabled until a report was received neet week from the City Manager and the City Aherney on the application of the Carnation Cab ccmpanee. Carries: by unanimous vote. ACTING CITY MANAGER FOSTER stated in regard to possible fire and health ha2ards at 2105 J Avenue a report was receives~ i'eom 'Jayne Moore, Sanitarian, County Health Department, stating there was rubbish accumulated in the back yard and two compost piles, both were dry but should be removed to prevent possible rodent harborage and fly breeding; a report from Fire Chief Bailey indicated a possible fire hazard did exist and the owner was given thirty days to correct. ACTING CITY If,NAGER FOSTER reported in regard to the chuckhole in front of 1411 East 16th Street, the break in the pavement was repaired. ACTII'IG CITY MANAGER FOSTER reported in regard to the five questions asked by Councilman Morgan at the last meeting. Mr. Foster read a report fromAkfire Chief stating the area of National to B, 29th to 3Oth, was inspected, a fire hazard did exist and the property owners were given official written nctiee to clean the area. The Acting City Manager stated the cut was inspected and was fund not to be too steep, however, the owner was directed to erect a fence at the top of the cut. A report from Acting Chief of Police Owen stating an investigation was made over the past several days regarding illegal parking and work being done to cars on public streets or City property in the vicinity of A Avenue from 28th to 3Oth Street and 2°2th Street from National to A Avenue and at nc time was there any illegal parking observed or anycr observed working on automobiles on any public street or City property, was read, Acting City Manager Foster said he contacted the escrow holder and found some papers had not been furnished; all papers were now in the hands of the escrow holders and escrow should close soon. MAYOR GAUTERAUx stated in regard to the Human. Relations Committee it was inactive for some time; members have left the City; only one member remained, The Mayor stated. the Committee was almost inoperative from the time it was put into effect and he would have to hear an expression of interest to re-form the Committee and appoint people to serve. AN APPLICATION FOR REFUND OF $25.00 performance bond by Leo Pairis, 1531 Bata Street, was presented. Moved by Allen, seconded by Morgan, it be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. THE MINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE COPMMISSION of October 20th were presented. Vice Mayor Allen stated he received a letter from the Chairman of the Civil Service Commission in regard to the City Attorney's opinion the City Clerk could appoint anyone to serve as Deputy (which resulted from the City Clerk's request to appoint an Acting Deputy City Clerk.) The Vice Mayor stated Ordinance will verify all people were put under Civil Service. Moved by Allen, seconded by Hogue, the clarification of the Ordinance and the Civil Service position of the Deputy City Clerk be sent to the Chairman of the Civil Service Commission through the Administrative office. Councilman Morgan asked if the motion was being made so the Clerk could appoint a Deouty City Clerk or to change the ordinance so she could. Mayor Gautereaux stated it was not the intent; the Council approved the appointment of a Deputy pending the time when an examination could be given by the Civil Service Commission for the permanent appointment and establishment of a list for hiring of a Civil 10/26/65 266 Service employee to that position pursuant to the Ordinance and the Civil Service rules and regulations. The City Clerk stated her intention was to hire a Deputy City Cleri. through Civil Service; the title of the position was changed from Chief Deputy City Clerk to Deputy City Clerk when the salary and lob classification was made several years ago and the new title conflicts with the terminology in the State Code. City Attorney Carstens stated one of the problems was the same title was used for Civil Service purposes for job classifi- cation as the Government Code provides for an appointee of the City Clerk; the Government provides that a Deputy City Clerk may be appointed by the City Clerk and will serve at her pleasure; the Deputy City Clerk has authority to administer oath and ether certain things; he merely pointed out that under the Government Code's definition of Deputy City Clerk, the Civil Service classification could not tie Mrs. Minoguets hands and prevent her from un-appointing someone from administering oaths, etc.,; it does rot :jean she can remove a person from a job without the proper administrative procedures for Civil Service; we are talking about two things: job classification and a title. Vice Mayor Allen stated it would be wise to have the City Clerk submit a request to the Civil Service Commission and the Attorney for a job title change which will actually be an amendment to the Ordinance; if that was done it might clarify the situation. Motion carried by unanimous vote. The minutes were ordered filed by unanimous vote. THE MINUTES OF THE REGULAR MEETING OF THE PARK AND RECREATION ADVISORY BOARD of October 7th were presented. Ordered filed by unanimous vote. ACTING CITY MANAGER FOSTER stated Gene W. Seltzer of the Automobile Club of Southern California came to the office and presented to the City of National City an award for pedestrian safety for 1964 for four years; the judging was on the basis of pedestrian casualty record, legislation enforcement, traffic engineering, organization of pedestrian safety program, school traffic safety, and the dissemination of pedestrian safety information to the public. Mayor Gautereaux said on accepting the plaque inscribed for the four years of achievement he would say it was a compliment to the Police Department, the Traffic Safety Committee, the entire staff of the City, and the citizens of the community. ACTING CITY MANAGER FOSTER stated he had a copy of a letter from City Manager Osburn to John Bate in regard to the resolution requested by Mrs. Evensor. The Acting City Manager said the letter was not received in time for him to write an answer but he did talk to him on the telephone; Mr. Bate said the matter (public park in San Diego) was under study, he was not completely in agreement with the resolution as proposed, but he would not object to having the Council adopt a resolution requesting they do some landscaping of the area commensurate with their requirements, etc. Mr. Foster recommended it be referred to the City Attorney for the preparation of a resolution, if that was what the Council desired. Moved by Alien, seconded by Co/burn, the recommendation of the City Manager be approved. Carried by unanimous vote. ACTING CITY MANAGER FOSTER said he had the minutes of the Real Estate Committee meeting of October 22nd, the first part of the meeting had to do with Granger Music Hall and did not require any action at this time by the Council. Council- man Morgan said the Committee recommended the Mayor appoint a citizens committee to study the problem and financing and the Committee include Director of Planning Stockman and Director of ?arks and Recreation Maley. Mayor Gautereaux stated he would be happy to do this if there were people interested. Councilman Morgan stated Altrusa Club of National City and the South Bay Historical Society were interested and Mrs. Thornburgh was very interested. Councilman Hogue stated Mr. Patterson, who presented Mr. Granger, was more or less promised the Committee would try to expedite this so Mr. Granger would know for sure if the City was interested, three momths was mentioned as a reasonable time within which to give him an answer. Councilman Morgan stated there was also discussion since the meeting that Granger Hall need not be located on its present site; there was some talk that maybe when the 18 acres sell the building could be moved to another location owned by the City, and this should be explored. Vice Mayor Allen stated one person called him and spoke against the City's purchasing Granger Hall because of the cost of repairing the building and organ and the cost of moving the building, if it was structurally sound and could be moved. Councilman Morgan stated the City Manager said there are many projects going 10/26/65 267 at the present and unless there was a Federal or State Grant it would be almc:t impossible. Mayor Gautereaux stated he would take it under consideration. ACTING CITY MANAGER FOSTER stated in the second portion of the Real Estate Ccmm ttee meeting consideration was given to Mr. Webster's offer to purchase lots: and 14, (Drawing 188L) contingent on parcel 3 being re -zoned for commercial building; the Real :state Committee recomme , •rd +oc 3 b old to Webster on a C-^ ',00e change at the listed price, but exclude the sale of Lot 14. Moved by Morgan, seconded b • Colburn, it be refe -rad to the ?tanning Commission for further processing of the zone change. -JIce Mayor Allen said he was rot against selling the proroerty to these people Lr,d the price seemed fair but he would not vc;":c :Tor it witil he knew what they were doing to put on it; there were many pec,p .p living in the area and they knew what they wanted to look out on. Director oc _'`.annir:g Stockman man said she tried to contact i4r. Webs ter but he was out of town ar'L his r.=..'_e4; manager could not :3al;c:! any commitment; he would like to have it laid over until next week; he will meet with the City Manager and the Director cf Manning to make up a report for t .e Council. Mrs. Stockman said under the new zoning, as a C-4 zone abuttinn or residential property, the plan and useane would have to be approved by th ' 'City Council upon recommendation of the Planning Commission; there would have to be landscaping, etc. Moved by Colburn, seconded by Morgan, it be tabled until next week. Moved by Hogue, seconded by Morgan, the motion include: Acme's retest which is almost identical Carried by unanimous vote. F,cved by Colburn, seconded by Allen, the minutes be accepted and filed. Carried by unanimous vote. ACTING CITY MANAGER FOSTER reported receipt of a letter from Virginia Gregory, 5228, Leonard Street, requesting permission to solicit in the City for aid to the families in the La Cresta area, recently burned. Mr. Foster stated she appeared to be sincere in her efforts, however, it was unusual for one person to do something like this; if the Council felt they wanted to let her do it o. time limit should:be set. Moved by Morgan, seconded by Allen, it be on the Agenda for next week and the lady notified to appear in person and explain what the letter does not explain. Carried by unanimous vote. ACTING CITY MANAGER FOSTER read a letter from Mrs. John Harris, Jr., in apprec- iation of the Navy Barbecue. Councilman Colburn requested the letter be referred to the Committee. ACTING CITY MANAGER FOSTER presented a communication from the Lionts Club requesting the use of the Community Building, Thursday, October 21st for a Variety Show and stated the City Manager had given such permission and wished ratification of his action. Moved by Morgan, seconded by Allen, the City Manager's action be ratified. Carried, by the following vote, to -wit- Ayes: Allen, Colburn, Hogue, Morgan, Gautereav•x. Nays: None. ACTING CITY MANAGER FOSTER reported receipt of a communication signed by Judith Ann Peterson requesting permission for Les Cherettes and Su-Ettes of Sweetwater Union High School to solicit door to door for UNICEF from 10:00 a.m. to 12:00 noon Saturday, October 30th. Moved by Allen, seconded by Colburn, the request be approved and the City Treasurer be advised. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. ACTING CITY MANAGER FOSTER reported receipt of a request from C. H. Luster, Contractor, for a refund of building permit for addition to and remodelling of 1325 Harding Avenue as the owner of the house decided not to have the work done. Mr. Foster read the recommendation of Chief Building Inspector Biggs the fee be refunded with the exception of the plan checking fee in accordance with Section 303 of the Building Code, (a total refund of $1:.00) and permit No. A-3908 be cancelled. Mr. Foster stated he agreed with Mr. Biggs in the matter. Moved by Horgan, seconded by Colburn, the recommendation of the Building Inspector be approved. Moved by Morgan, the motion be amended to $38.00. Amendment died for lack of second. Motion failed by the following vote, to -wit: Ayes: Allen, Hogue. Nays: Colburn, Morgan, Gautereaux. Moved by Morgan, seconded by Colburn, the refund of $38.00 be approved and warrant ordered drawn for same. Moved by Hogue, seconded by Colburn, to amend the motion as follows: from nor on in situations of this nature we will refund these people all their money back and change the ordinance where if you don't build you can have your money back. 10/26/65 268 Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: I?one. ACTING CITY MANAGER FOSTER presented a certificate of insurance for Clarence A. Davis, dba "A" Cab Co., reviewed by the City Manager and City Attorney and re c^ n: ended it be filed. Ordered filed by unamo ACTIIT.3 CITY MANAGER i .;_3T3R presented a ce t „-a L n:; __1.-oce :tor ._ e. R. E. Haze, d Contracting C^..n .any, reviewed by t ea City Parsager an'_x the (. itr Attorney, and. reended it be filed. Ordered 3 by una , nc,s vote. _.F .,`' izitiC= reported receipt of petition signed by 60% o:' the owners ... -^, .t :i! 'i et sue$Avenue, a of.i22 a._ �. for ._l Act Impravemen'? � .. lth Street, �+ of R .",ven�._., <._"d read the CJ. ;.y En„tneer's recommendation :.1e project be authorized, the job be ii,cl_ -eethers in the area, th.a. :he prepare plane, ep_,cificatien and e estimates s and that necessary right-o: M.*,4'aj be secured prior to presenting the final eati n.ate to the City Council and bought to the Council for further action. Moved by Allen, eeconded by Colburn.. the City Engineer's re'co smendatiaa be appeoeed. With the aid of a chart, C' t„ e:ngineer Foster showed the 7th Street Storm Drain, eeeimated cost of $40,033 and showed where the improvement district would be and the route of the new freeway. Councilman Morgan said it also showed the area. of V Avenue where he requested surfacing before the 1911 Act Improvement can be constructed before ti-e rains come and pipe installation to run across to carry off the rains. Motion carried by unanimous vote. Council- man Morgan requested the temporary arrangement to be made in the area of V Street. Mayor Gautereaux suggested he meet with the City Engineer and City Manager and work out some kind of arrangement that could be administratively handled. Moved by Morgan, seconded by Allen, the Mayor's recommendation be approved. Councilman Colburn said he hoped the City Manager would take into consideration the number of people who would use V Street and the cost of the temporary installation. Councilman Morgan stated the drainage is budgeted this year and it was only a matter of getting started. Carried by unanimous vote. CITY CLER :MINOGUE reported receipt of three letters of protest to the improve- ment of Prospect Street, 16th to 18th Street, and said they would be held until the hearing on the Resolution of Intention. CITY CLE2N MINOGU3 reported receipt of the Financial Statement of the County of San Diego, fiscal year ending June 30, 1965, and The Annual Financial Report of the City of San Diego Sewerage Utility, fiscal year ending June 30, 1;65, both of which would be on file in her office. CITY CLERK MINOGUE read a communication from the Division of Highways acknow- ledging Resolution No. 9001, requesting full cloverleaf type interchange at the intersection of Plaza Boulevard and Freeway 805, and stating the problem is being reviewed and the Division is confident a satisfactory solution will be attained and said the letter would be on file in her office. DIR3CTOR OF PLANNING STOC:MMJ reported a petition for the "Richardson Annexat- ion", known as 225 East 31st Street, National City, signed by 1005 of the property owners, there was one registered voter within the annexation permit- ting the area to be annexed under the Uninhabited Territory Act of 1939. Mrs. Stockman said the annexation was approved by thitocal Agency Formation Commission subject to withdrawalfrom the Lower Sweetwater Fire .Protection District. The Director of Planning said the City Engineering Department indicated it would be possible to connect the property to the sewer system installed in the alley adjacent. The Planning Commission recommended the annexation be approved subject to the withdrawalfrom the fire protection district. Moved by Allen, seconded by Colburn, it be approved and forwarded to the City Attorney for further processing. Councilman Hogue asked if we would have to buy 31st Street which is within the boundaries of the annexation. Director of Planning stated it was a dedicated street. Carried by unanimous vote. DIRECTOR OF PLANNING STCC_;MAN stated the Planning Commission report on J. W. 'lirbyts complaint in regard to the interpretation of Ordinance No. 962 (non- conforming useage) was complete. Mrs. Stockman stated the report was lengthy and recommended it be studied by the City Council and brought back next week. Moved by Morgan, seconded by Colburn, the Director of Planning's recommendation 10/26/65 259 be aonroOed. Carried by unanimous vote. COUNCILMAN MORGAN stated he worked on the L Avenue problem and it will be hard to cet a full width street to the top of the hill and suggested it be considered as a bridge with no parking allowed; the street would have sidewalks on both and two way traffic with a twelve foot right-of-way in each lane. Council-! mani.?.organ stated it was the width that was stalling the L Avenue dedication. Mayo : Gautereaux stated there was a detailed report before the Council Wh?n the problem was being considered and it stressed a 60 foot street was waned by- the Planning Commission and management and that was where the decision rested. Councilman Morgan said he would have to do more work on it as he made the motion but he did not see why it had to be a 60 foot street. Mayor Gautereaux stated his recollection was the Engineering report was 40 feet could be obtained with no problem. Councilman Morgan stated he thought there was enough dedication now to get a walk way and two twelve foot traffic lanes. Moved by Morgan, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:36 p.m. ATTEST: CITY CLERK P YOR, CT Y Q,i-NAT, 0NACITY, CA IPORT•?IA