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HomeMy WebLinkAbout1965 01-12 CC MIN249 National City, California, January 12, 1965 The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. Administrative officials present: Bailey, Carstens, Foster, Hess, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Hess followed with invocation by the Rev. Kenneth Huff, First Christian Church. MAYOR GAUTEREAUX awarded a "KEY TO THE CITY" to Police Officers Milke, Hall and Rapoza, and to Firemen Jacobs, Grehsam and Wright for their help in saving the life of thetaby son of Gene A. Spurlock, 1941 E. 17 St. A letter from Chief of Police Cagle commending Police Officer Milke for the apprehension of the armed robber of Newberry Cleaners was read. Vice Mayor Allen stated two of the three police officers were graduates of the National City Police Reserve. MOVED BY ALLEN, seconded by Colburn, the minutes of the regular meeting of January 5th be approved. Carried by unanimous vote. RESOLUTION NO, , resolution granting residential planned development permit pursuant to Ordinance No, 1077 (Hardcastle) 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. 8830, "RESOLUTION GRANTING RESIDENTIAL PLANNED DEVELOPMENT PER- MIT PURSUANT TO ORDINANCE NO. 1077 (Hardcastle)." 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. 8831 "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Laurel Avenue, Norton Avenue and First Street)" was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following.vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. ORDINANCE NO.an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City (Eagles Annexation) was presented for the first reading. Director of Planning Stockman read the Planning Commission's December 9th recommendation to deny the application for zone change. Moved by Hogue, seconded by Alien, the first reading of the Ordinance be waived and it be read by title only. Carried by unanimous vote. ORDINANCE NO., "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY (Eagles Annexation)." MRS, PATRICIA WHITE, 3520 Putter Drive, was present and protested the granting of the zone variance for the Eagles Annexation and the Council's disregard of the recommendations of the Planning Commission. She stated it was spot zoning and also she was not notified of the hearing last week. CITY ATTORNEY CARSTENS stated at the December 22nd meeting the Council referred to him an application for franchise from a community antenna company which is not now doing business in National City. City Attorney Carstens stated the City has a license agreement with another company, Mission Cable Television (known as Area Television Antenna when the agreement was executed) and they have taken certain steps to begin to do business in National City. The City Attorney said the Council requested a recommendation on the application of the second company. City Attorney Carstens stated the question of CATV franchises, licenses and permits is one that has been faced by each of the City Councils in the County; the San'Diego City Council has had this matter before them on a number of occasions and are presently in the process of issuing franchises after going to bid; the County Board of Supervisors is considering licensing instead of going to franchise. City Attorney Carstens suggested no action be taken on the application and recommended policy be established by the Council 1/12/65 250 as to: how these comppanies will be regulated, if at all; and whether or nmt, one company will be allowed an exclusive franchise to operate within the Cftst The City Attorney suggested the City Manager and the City Attorney be directed. to present to th Council recommendations in regard to the problems and, if the Council sees fit, hearings be held to allow each of the television cable companies to set forth their ideas. City Attorney Carstens stated this is not regulated by the Public Utilities Commission. Moved by Morgan, seconded by Colburn, the City Attorney's recommendation be approved, no action be on this and it beturned over to the City Manager and City Attorney for further study. Councilman Morgan stated there should not be. a franchise to one indivi- dual, eliminating private enterprise; there should be competition in the field. Vice Mayor Allen stated.he Council voted for a franchise before and asked what we are going to do with the franchise already granted. City Attorney Carstens stated the agreement was a license agreement, in effect a franchise; there is a provision the license does not become effective until certain things happen and, to his knowledge, these things have not happened._ The City Attorney stated it is the option of the Council to terminate the agreement if they don't happen within 90 days. Vice Mayor Alien asked if it wouldn't be to our advantage at this time, if nothing happened within 90 days to make it effective, to cancel this particular contract. Mayor Gautereaux stated although this is not a utility, it does involve the placing of cable on utility poles. Henry Goldstein, representing Mission Cable TV, was present and stated on February 25th of last year they were granted a license with all the provisions of their other franchises in this area; on April 20th they applied to the .Fan Diego Gas & Electric Company and the Pacific Telephone and Telegraph Company for agreement to do the necessary construction and San Diego Gas & Electric returned the contract to them on April 28th. Mr. Goldstein said on January 5th they were informed by the Public Utilities Commission the con- tract with the P. T. & T. was approved; a letter was forwarded to City Manager Hess outlining what had been done, what further steps were intended and sub* mitting the contracts to him, and informing him they were ready to go ahead. Motion carried by unanimous vote. CITY ATTORNEY CARSTENS stated in regard to the zone variance for a Mobile Home Park granted last week, such variances are ordinarily adopted by resolution, and suggested that, prior to adopting the resolution, copies be prepared and put in the hands of each Council Member, the City Engineer and the Director of Planning. Moved by Morgan, seconded by Colburn, the City Attorney's suggestion be approved. Carried by unanimous vote. COUNCILMAN MORGAN asked the City Manager for information in regard to the shuffleboard court being built for the Senior Citizens, 4itt'was started and seems to have slowed down. City Manager Hess stated he would bring back a report. COUNCILMAN MORGAN inquired about the progress on the concession stand for the Little League in Las Palmas Park and was advised by City Manager Hess it is third on the priority list. Councilman Morgan asked if the Council would grant an extension of time for its completion if it were'necessary because of the delay in starting. COUNCILMAN CoLBURN stated the Real Estate Committee at their meeting last Fri- day recommended the offer of Scrap Disposal,. Inc.- be rejected; the Star -News commented one of the reasons was we recently rejected an offer of $10,000.00 per acre and therefore an offer of $5,000.00 per acre would be ridiculous. Councilman Colburn asked if we were offered $10,000.00 an acre. Mayor Gautereaux stated we were offered $10,000.00 an acre on an option that was rejected. Councilman Colburn stated the ground is in the condition of a slough; there are no contractors who will make a commitment without extensive engineering study and it has been estimated it will take approximately 30,000 yards of fill. Councilman Colburn stated if we sold the land for $10,000.00 an acre, another $30,000 would have to be invested, which would bring the price considerably higher than more desirable land sold for less money. Councilman Colburn stated he was, approached by different people at different times and he encouraged everyone who questioned him about the property to sub- mit an offer.. Councilman Colburn stated he believed the property should be sold and if the City continues to hold it, it is speculation, and if the City goes into the extensive engineering study, it is gambling with the City's 1112l65 251 money. Councilman Morgan stated when the freeway opens, the land will be more valuable and we should not consider selling the land now as it is the only 5 acres we have. VICE MAYOR ALLEN complimented the City Manager fox complying with the Resolu- tion adopted a year ago and having the pictures of the four Presidents on the walls. City Manager Hess stated it was the result of the efforts of Mr. B. J. Gautereaux. MAYOR GAUTEREAUX reported the receipt of a communication from the National City Girls Club, inviting all City officials to attend the annual installation din- ner meeting of their Club on Wednesday, January 20th, at the King's Inn, and expressing their deep appreciation for the support and interest shown by the City officials, with particular thanks to Mr. B. J. Gautereaux and his Depart- ment for beginning work on the retaining wall. RICHARD BEALE, 3509 Putter Drive, was present in regard to the zone change Granted the Eagles Annexation, and stated the minutes of the last meeting stated the City Clerk reported no written protests were received but they had filed written protests with the City Planning Commission, the Council acted without having the Planning Commission recommendation read, and suggested the Council back up and take another look, as they acted without considering all the in- formation. E. H. ALSDORF, 2105 "J" Avenue, was present and stated the billboard at 21st and Highland is still there, something should be done about tumbleweeds, the City should get out of the real estate business, the Duck Pond should be filled, and the City should make some arrangement to get back the property on "A" between 14th and 16th for an outlet from the Park. BOB WORTHY, President, National City Jaycees, was present and requested the Mayor to proclaim the week of January 17-23 "JAYCEE WEEK." Moved by Morgan, seconded by Hogue, the Proclamation be approved. Carried by unanimous vote. Mayor Gautereaux read the Proclamation that the week of January 17-23, 1965, be designated "JAYCEE WEEK." PATRICIA WHITE, 3520 Putter Drive, asked if the Council could grant the zone change for the Eagles Annexation, legally and morally, and adopt the authoriz- ing Ordinance without the proper notification of residents within 300 feet. Mayor Gautereaux advised her we are required to notify owners of record and her name was not on the Tax Assessor's roll; the Ordinance would have the final reading next week at which time a final decision would be made by the Council. CITY MANAGER HESS reported in regard to the boundaries and dirt problem at loth and Paradise Drive and stated the Public Works Department cleaned and graded the area but it has rained since and the dirt has been washed down again. The City Manager said because of the topography and the obvious drainage problems, the best way to alleviate the situation is by a 1911 Act Improvement District. Councilman Morgan stated the dirt should be removed from the street, the grading was done on the right instead of the left side. Mr. Cruz, resident of the area, was present and stated they can wait for a 1911 Act, but the City should clean the street now; it is dangerous; when the City fixed the street they worked on the other side and it is the East side of the street that needs attention. Mayor Gautereaux stated it would be given attention. CITY MANAGER HESS reported in regard to recommendations made by the student representatives of the Downtown. Area Committee he met with Kathy Kerch, and after an hour's conference, it was decided she would take the message back to the various Civics classes at Sweetwater High School and they would propose a firm program to be brought before the Council; it is anticipated this will take three or four weeks. CITY CLERK MINOGUE reported sealed bids for the construction of a traffic signal at the intersection of Plaza Boulevard, Palm Avenue and 12th Street were opened in her office yesterday at 3:00 p.m. and the results were as 1/12/65 252 follows: American Electric Contracting Corp. $7`600.00; Ets Hokin & Galvan Electric Co. $7,175.00; and SteidY and Mitchell, Inc. $8,332.00. City Manager Hess reported the City Engineer kettosnmended the low bid of Ets Hokin & Galvan Electric Co. be accepted and all di1Yet bids *ejected; the City -Manager stated he concurred and suggested, if the Council is in accord; the City Attorney read the necessary Resolution. Moved by Allen, seconded by Colburn; the recom- mendation of the Citzr Manager and City Engineer be approved. Councilman Morgan stated he wished to make one more attempt to salvage this before we go ahead with the light. Councilman Morgan displayed a map and explained if 3 feet were taken off of 12th Street all the way to "R" Avenue and 12 feet were taken along Palm, where the people who travel on Palm have to get off the main line of traffic to turn, there could be two lanes of traffic 12 feet wide and 8 feet of parking on the North side. Councilman Morgan stated if the residents of the area on the south side of the road want parking, they would have to dedicate it and, if not, we would have two lanes all the way through. Council- man Morgan stated he felt we could go ahead with this 5-way light without purchasing expensive property; we can pave the 3 feet with our own crews and install a 5-way light and make everyone happy; he suggested all bids be re- jected and we go ahead with something on this order. Councilman Colburn stated he agreed with Councilman Morgan except for one thing: the additional traffic light for the use of the few cars that would travel each day. Councilman Colburn said the street could be widened or used at the same width and if there was no parking from Palm Avenue East on both sides of the street for a short distance, it would still allow a two way street; and the four-way light would be effective if the people who travel West on 12th were not allowed to make a left turn. Councilman Colburn stated the curb could be cut back on Palm Avenue so that right turns could be made from Palm travelling north on Palm and East on 12th. He stated this could be done and he was still in favor of a 4-way light. Councilman Morgan said the high point in the area is between loth and llth; people can turn on llth, but over the base of the hill on Palm they can't see the cars until they are right on them and we would be creating a hazard. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO. 8832, "RESOLUTION OF AWARD OF CONTRACT (Installation of Traffic Signals on Plaza Boulevard at Palm Avenue)" was read. Moved by Allen, seconded by Hogue, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. COMMUNICATION from Assemblyman E. Richard Barnes in regard to National City Resolution No. 8807 was presented. Ordered filed by unanimous vote. COMMUNICATION from City Manager Hess commending individual employees of the Park, Housing and Building Departments for the installation of Christmas decorations was presented. Moved by Allen, seconded by Hogue, the letter be read and filed. Carried by unanimous vote. The letter was read. CITY MANAGER HESS reported receipt of a report from the San Diego County Water Authority indicating the amount of water on hand and suggested it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of a communication from the San Diego County Water Authority indicating a meeting concerning water problems and policies will be held at 3:30 p.m., January 14th, at their headquarters, 2750 Fourth Avenue, San Diego. Ordered filed by unanimous vote. CITY MANAGER HESS stated in regard to the Real Estate Committee meeting of January 8th, a communication from Attorney George Benedict, on behalf of Scrap Disposal, Inc., was read. The communication offered $5,000.00 per acre for the five acres at 24th and Wilson, stated they employ fifty individuals with a monthly payroll of $50,000.00, and indicated the property would be used as a new steel sales yard engaging in -retail sales of steel, generating addition- al sales tax revenue for the City. The Real Estate Committee voted Mr. Benedict be notified his client's offer was rejected as the amount offered was not sufficient. Moved by Allen, seconded by Morgan, the minutes of the Real Estate Committee be approved and filed. Councilman Morgan requested meetings of the Real Estate Committee beheld when Mr. Hogue can attend. Motion carried by unanimous vote. 1/12/65 253 CITY MANAGER HESS reported receipt of Automobile Liability and Physical Damage policy for the Diamond Cab Company, which had been approved by the City Attorney and suggested it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS stated in regard to the property at the corner of 5th and Euclid, acquired for the improvement of Euclid between 4th and 8th, two con- ditions set forth by the Council for escrow were fire insurance would be carried by the resident and liability insurance. Both policies have been re- ceived and approved by the City Attorney and the City Manager suggested they be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported in regard to a 1911 Act Improvement proposed by Charles Ketch between 8th and Plaza (Euclid Avenue extended Southerly) Mr. Kerch contacted the Engineering office and the City Manager's office; the City Manager forwarded a letter to Mr. Kerch on October:l6, 1964, stating the Engineering and Managing staff reviewed the proposed opening and construction of Euclid Avenue. The City Manager stated Mr. Kerchconcurred with the recommendations in the letter and requested they be .presented to the Council for formal action. They axe as follows: The job will be undertaken using a 1911 Act procedure, the following items will be assessed to the Improvement District: Grading, Curbs, Sidewalks, Paving (2" concrete paving 37 ' wide) and incidentals, etc. which were estimated to total $31,290.00. The City Manager stated it was further suggested to Mr. Kerch the following items be paid by the City: as this is a road where additional heavy paving will be required, the City pay $6,650.00, the City install the storm drains and neces- sary structures at the intersection of Euclid and 8th, and the center strip be left open, in the same manner as Plaza Boulevard, and the expense incurred by the City at a later date. The City Manager stated further the City would pave the center portion after all utilities were installed; gas, electricity, water and sewer are deemed to be expenses charged to the property benefitted, which must be borne prior to paving of the center of the street. The City Manager stated the estimated construction period will be September to October, 1965. City Manager Hess suggested, in view of the correspondence and recom- mendations made to Mr. Kerch, the matter now be referred to the Engineering Staff as well as the City Attorney, Moved by Morgan, seconded by Colburn, the City Manager's suggestion be approved. Carried by unanimous vote. RESOLUTION NO. 8833, "RESOLUTION OF TRANSFER OF FUNDS (General to Special Street Fund $85,000.00 and General to Drainage Fund $4O,OOO.00)" was read. 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. CITY MANAGER HESS reported receipt of an application from the City of Hope to conduct their annual campaign on "Hope Sunday", June 6, 1965. The City Manager stated this is a house to house solicitation and permission has been granted in the past on a no -fee basis and suggested it be granted this year. Moved by Morgan, seconded by Alien, the suggestion be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANNER HESS reported receipt of a request from the Camp Fire Girls for their annual peanut sale from January 15.•21, 1965, on a no -fee basis. Moved by Allen, seconded by Morgan, the request be granted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of a request for oversize driveways at the NE corner of 8th and Highland, plans for which will be on file in the City Engineer's office, and suggested the Council review them so action may be taken next week. Moved by Morgan, seconded by Colburn, the City Manager's suggestion be approved. Carried by unanimous vote. CITY MANAGER HESS stated we have had several contacts from individuals in the trucking business concerning Resolution 7664, dated Jan. 19, 1960. City Mana- ger Hess stated he believed the intent of the Resolution was to protect the streets; unattached truck trailers resting on dolly wheels make depressions 1/12/65 254 in the streets. City Manager Hess stated the truckers now indicate they have devices which will preclude impressions being made in the street, and sug- gested authorization be granted the City Attorney and the City Manager to re- draft the Resolution, to allow disengaged trailers to be parked on a street providing there is adequate protection; however, should the old fashioned dolly wheels still be on the trailer, it be hooked to a tractor. Moved by Morgan, seconded by Hogue, -.the City Manager's recommendation be approved. Vice Mayor Allen stated he hesitated to repeal the Resolution until the new method has been tried; once the Resolution was adopted trailers that had been parked for a long time on our streets were moved. Councilman Morgan asked if we could have two Resolutions in the same motion. City Manager Hess stated he did not see how we could establish a trial period as we would be in violation of our own Ordinance. Mayor Gautereaux suggested if the Council has any other observations relative to the motion on the floor they be discussed with City Manager Hess. Motion carried by unanimous vote. City Engineer Foster reported receipt of a letter from the Division of Highways advising bids for the construction of the southerly extension of Interstate 5 would be opened February 4th, MOVED BY ALLEN, seconded by Colburn, the Director of Housing>'s Operations' Financial Report for November, 1964, be approved and filed. Carried by unani mous vote. MOVED BY ALLEN, seconded by Hogue, the letter from the County Board of Super- visors requesting National City adopt a resolution recommending the erection of an animal -proof fence alone the International Border be placed on the Agenda for next week. Carried by unanimous vote. MOVED BY MORGAN, seconded by Allen, the meeting be closed. Carried by unani- mous vote. The meeting closed at 9:03 p.m. ATTEST: CITY CLERK 1/12/65