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HomeMy WebLinkAbout1964 06-16 CC MIN6g National City, California, June 16, 1964 Regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Allen, Colburn, Hogue, Gautereaux. Council members absent: Morgan. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Hess, Minogue, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City" Manager Hess, followed with invocation by the Rev. H. Stonier-Hamnett, St. Matthews Episcopal Church. Mayor Gautereaux thanked Father Hamnett and introduced Father Hamnett's daughter, Katherine Money. JOHN GILMORE, President of the Chamber of Commerce, presented City Mana- ger Hess with an engraved desk set in recognition of his outstanding service to the City. MOVED BY COLBL'TR.N, seconded by Hogue, the minutes of the regular meeting of June 9th be approved with the following correction: the spelling of the name in the 5th paragraph on page 64 be changed from Mme. Rinee Miesse to M e. Renee Miesse. Carried by unanimous vote. COUNCILMAN MORGAN arrived and took his place at the meeting. RESOLUTION NO. 8679, "RESOLUTION OF COMMENDATION, MISS MARIANNE ACKER- MP_RCK," 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. RESOLUTION NO. 8680, "RESOLUTION REFLECTING DECLARATION OF POLICY BY THE CITY OF NATIONAL CITY RELATIVE TO CIVIC IMPROVEMENT BETTERMENT," was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. In answer to a question from Councilman Morgan, City Manager Hess stated the adoption of the Resolution was necessary if the Lusk Corporation were to be granted low rate financing from F.H.A. Councilman Morgan said the Resolution includes the continuance of tha 701 Program which he opposed and he is against it. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. RESOLUTION NO. 8681, "RESOLUTION REQUESTING COUNTY OF SAN DIEGO TO EN- FORCE ORDINANCE NOS. 943, 1067, 1083, AND 1098 OF THE CITY OF NATIONAL CITY UNDER THE HEALTH AGREEMENT BETWEEN THE CITY -AND THE COUNTY," 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. RESOLUTION NO. 8682, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESS- MENT AND TIME OF HEARING THEREON ("L" Avenue, "M" Avenue, 6th Street, 7th Street)" was read. Moved by Colburn, seconded by Allen, the Resolu- tion be adopted. Councilman Morgan inquired why 6th Street between "L" and "M" Avenues was not included in the project. City Manager Hess answered it was not included in the petitions for the improvement. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the Ordinance amending Ordinance No. 115 is ready for the first reading hut, as copies were referred to the Traffic Safety Committee and the Planning Commission, the Council might wish to wait until their reports are received. Moved by Allen, seconded by Colburn, the Ordinance be read. City Manager Hess stated as the two Com- mittees have been given the task of reviewing the Ordinance, it would seen: prudent to Tipstt for their reports. Councilman Colburn withdrew his second. Motion died for lack of a second. Moved by Colburn, seconded by Hogue, the Ordinance be tabled until the reports are received. Car- ried by unanimous vote. 6/16/64 70 ORDINANCE NO. , "an Ordinance amending Section 23, pertaining to vicious dogs o iational City, of Ordinance No. 828," was presented for the first reading and read in full. CITY ATTORNEY CARSTENS recommended the second reading of the Ordinance amending Ordinance No. 1067 incorporating amendments to San Diego County Ordinance No. 2443, relating to the preparation of food be by title only, Moved by Morgan, seconded by Colburn, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None. ORDINANCE NO. 1098, "AN ORDINANCE AMENDING ORDINANCE NO. 1067 INCORPOR- ATING AMENDMENTS TO SAN DIEGO COUNTY ORDINANCE NO. 2443." Moved by Colburn, seconded by Alien, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS Mated the certificate of insurance for Lamdon Limited, Investments (Cal -Maid Furniture) referred to him last week appears to be in proper form and the insurance is not required within the escrow agreement, and recommended it be filed with the City Clerk. ordered filed by unanimous vote. CITY ATTORNEY CARSTENS reported the Public Utilities Commission has rendered a decision in the hearings on rates and operations of the Pacl- ic Telephone Company which he attended approximately a year ago. It was the opinion of the City Attorneys from San Diego, San Francisco, and Los Angeles the rates should be reduced. The decision ordered a rate reduction and refunds will be made to telephone subscribers. COUNCILMAN COLBURN asked how much guidance is given to persons circulat- ing petitions for 1911 Act Improvements by the City; does the City attempt to help the individuals to determine the boundaries of the area to be improved. City Manager Hess stated anyone interested in petition- ing for an improvement would be referred to the City Engineer who has a prepared form telling what steps are to be followed. Councilman Colburn stated he meant is guidance given to the citizen in the area to be in- corporated; tonight we heard that 6th Street between "L" and "M" Avenues was omitted from an assessment district and would appear to have been logical to have been included; last week we heard about hilly and level areas in another assessment district which might better have been in separate districts. City Engineer Foster stated his department encour- ages the individual to take in as much as they can and to eliminate areas they think will not carry; it is a matter of discretion. Councilman Colburn asked if it were fact that the larger the district, the lower the cost to the individual. City Engineer Foster stated some of the costs such as legal advertising and sale of bonds would be the same whether the district were large or small and generally smaller districts would run higher for the individual property owners; where level and hilly areas are combined in a district, some persons will be helped and some will be hurt. Councilman Morgan stated when the contractors bid on 1911 Act Improvements they make their bids in accordance with the terms they receive from the banks. COUNCILMAN MORGAN asked when the work on the traffic signal at Division and Euclid would be started. City Engineer Foster stated the work has begun. COUNCILMAN MORGAN stated he has inspected El Toyon Park west of Euclid and there are deep holes and high weeds. Moved by Morgan, seconded by Colburn, the City Manager send in a blade to clean up the area and fill the holes. Carried by unanimous vote. MOLD BY ALLEN, seconded by Hogue, the ordinance regarding Hotel -Motel occupancy tax be brought back for action and the first reading be by title only. Councilman Morgan stated the reading of the ordinance was 6/16/64 71 tabled until the report from San Diego indicating whether or not a majority of the cities favored the ordinance was received. City Manager Hess stated other cities are considering the ordinance tonight; to date a majority of the cities have not adopted the model ordinance. Vice Mayor Allen stated he requested the first reading only, no action would be taken tonight. City Manager Hess stated he expected to receive the information by the end of the week. Mayor Gautereaux ruled the motion out of order as the City Attorney does not have a copy of the ordinance at the meeting. Motion and second were withdrawn. Moved by Allen, seconded by Hogue, it be put on the Agenda for next week. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. E. H. ALSDORF, 2105 "J" Avenue, was present and stated he was against the ordinance in regard to hotel -motel occupancy tax. DAVID SHAPIRO, 2511 "B" Avenue, was present and asked the status of the apartments to be built by the Lusk Corporation. City Manager Hess stated the Council tonight adopted a Resolution of policy necessary be- fore the F.H.A. will grant the loan to the Lusk Corporation, they have a tentative commitment from F.H.A. until the 27th of this month. The only area where negotiations are bogged down is the number of units per acre. The Lusk Corporation has every intention of continuing with the program. R. R. MOORE, 1624 McKinley Avenue, was present and stated he would like to have something done about the smelter in his area; there is excessive snbke and the clinkers are piled in such a way as to rake it difficult for him to get his car out of the garage. Moved by Allen, seconded by Hogue, it be referred to the City Manager for a report. Carried by unanimous vote. Mr. Moore also stated he was at the Senior Citizens meeting and was asked to report there are 126 Charter Members. The Senior Citizens will need four sets of new disks and about a dozen and a half new cues, the present ones are too light. Councilman Hogue inquired if any money was available from the fund donated by the Pony League for the Senior Citizens. City Manager Hess stated he is not sure there is money left there, but he will call it to the attention of the Recreation Director. Mr. Moore stated there is a Senior Citizens meet- ing this Friday and everyone is invited. HILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $17,815.71 Traffic Safety 2,767.70 Park 1,264.58 Trust and Agency 25.00 Special Street 2,750.68 Park Construction 190.69 Sewer Service 85.06 T OTAL $24,899.42 Moved by Allen, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8683, "RESOLUTION AUTHORIZING PAYMENT FROM CAPITAL OUTLAY FUND (Desk, chairs, files, etc. for Casa de Salud $372.43)" was read. 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. CITY MANAGER HESS reported in regard to the possible addition of 2nd Street drainage to the 1st Street Drainage Construction, the 2nd Street drainage is No. 10 on the priority list. The City Manager stated to do this drainage now would be a departure from the priority list and funds are not available; full amount to be expended in 1964-65 for drainage 6/16/64 72 will be $75,000 to be transferred from the General Fund plus the Binds remaining at the end of this fiscal year, about $30,000. CITY MANAGER HESS reported in regard to the "S" on 22nd Street between "J" and "K" Avenues, a portion of the travel way is not in straight, parallel lines and is due to the fact a property owner had some private property in the right of way. The Public Works Department has contacted the property owner who is willing to cooperate and the street will be graded and straightened as it should be. CITY MANAGER HESS reported in regard to the 1911 Act Improvement of "J" Avenue from 18th to 24th Street, "K" Avenue from 22nd to 24th Street, 21st Street from Highland to "L" Avenue, and 23rd Street from "I" to "L" Avenue, $58,158.58 Special Street Fund has been set up in the pro- posed 1964-65 budget for projects. This improvement would fall into this category. The City Engineer has been requested to review this project with the possibility of the City contributing 20% of the total cost of the project. If this is done, individuals with corner lots would receive the greatest benefit by virtue of splitting the assessment by benefit rather than by front foot, as now required by law. The 20% participation by the City would amount to some $25,000. City Attorney Carstens stated if the Countil desires to proceed with the project, the matter should be referred back to his office for preparation of the necessary documents to get the matter moving. Moved by Allen, seconded by Colburn, the recommendations of the City Manager and City Attorney be approved and it be referred to the City Attorney's office. Councilman Morgan asked if this would set up hearings and was told it would. Coun- cilman Morgan stated this did not pass and it should be automatically dead, and he believes the law reads it shall be abandoned and new petitions brought in. City Attorney Carstens stated the references made are true to an extent; he has consulted with bonding attorneys and they are of the opinion this can be re -instituted by going back to the hearing stage. Mrs. Myrtle Knight, 2308 "L" Avenue, was present and stated this was first voted on in early November, 1963, and never received the necessary 4/5 vote and this project should have been dead as of December 10, 1963. She stated she turned in a petition signed by more than 55% of the property owners protesting the project; nine letters were re- ceived by the City Clerk in April requesting names be withdrawn from the original petition for the improvement; and the law says "shall be abandoned." Councilman Hogue asked who brought this project back up again. Mayor Gautereaux stated Mrs. Hite brought it up at the last meeting. Councilman Hogue asked if the disinterested people could be split off from the project. Vice Mayor Alien stated we should stop all the bickering and follow the City Attorney's recommendation; he believed the figures presented by the City Manager in the first place and does not believe there ever has been a majority protest. Mrs. Knight stated she understood the City Attorney to say last week new petitions would have to be inaugurated. City Attorney Carstens stated this was one of the alternatives, but it can also go back to the hearing state. Moved by Hogue, seconded by Morgan, the motion on the floor be amended, the method to be re -petitioning the property owners affected to see if 55% or 75% against the project is rJeht. Vice Mayor Allen stated this pro- ject has only been pending since 1957 and this would take another two years. Mayor eautereaux stated the City may participate 20% and this might make a difference in whether or not people would favor the project at the hearing. Vice Mayor Allen stated under the original motion either one of two things would happen: the project would proceed or would be abandoned. If the act were abandoned, it would then be possible for the people to re -petition in smaller districts. Mrs. Knight stated she doubted whether anyone in the district knows the cost. Amended motion failed to carry, by the following vote to -wit: Ayes: Hogue, Morgan. Nays: Allen, Colburn, Gautereaux. Original motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hogue, Morgan. REPORT OF POLICE CHIEF CAGLE in regard to the application for "premises - to -premises" transfer of on -sale beer license for Western Steak House, 704-6 National Avenue, was presented and stated this is the license pur- 6/16/64 73 chased by Mr. Dodds from Clyde and Robert Bonamo the early part of December, 1962, on which a protest hearing was held with reference to its being used at 605 Roosevelt Avenue. The protest was over -ruled by the hearing officer and Mr. Dodds was permitted to establish the license as a conditional license at 605 Roosevelt Avenue. The license was never used at 605 Roosevelt and in February, 1964, Mr. Dodds applied to use the license in conjunction with his restaurant at 706 National Avenue. In May, 1964, Mr. Dodds sold the license and the Western Steak House at 704-6 National Avenue. The license is still conditional and is issued on the condition it is operated as a bona -fide eating place. Moved by Allen, seconded by Hogue, the report be accepted. E. H. Alsdorf, 2105 "J" Avenue stated he visited the restaurant in question and he is against the beer license there. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. CITY MANAGER HESS reported in regard to the time schedule for the fire- works display on July 4th, he has been in touch with Mr. Higden of the Lions Club who assured him they have every intention of beginning the display promptly at 10:00 p.m. CITY MANAGER HESS stated plans for an oversize driveway for C. R. Lohss, 1028 East 6th Street, have been on file in the Planning Department for inspection by members of the Council. Director of Planning Stockman stated Mr. Lohss has submitted plans for a 24 foot and a 14 foot drive- way (this is in accord with the Engineering and Planning Departments) and recommended it be approved. Moved by Allen, seconded by Morgan, the recommendation be approved. Carried by unanimous vote. THE MINUTES OF THE REAL ESTATE COMMITTEE meeting of May 28th were pre- sented. Moved by Allen, seconded by Colburn, the recommendation of the Real Estate Committee be approved. City Manager Hess stated under Section II of the minutes in regard to the property to be sold to Fritz Nachant, he would suggest the motion be amended to include the City Attorney and City Manager be instructed to enter escrow negotiations. Moved by Allen, seconded by Colburn, the amendment be included in the motion. Carried by unanimous vote. THE MINUTES OF THE FINANCE COMMITTEE MEETING of June 3rd were presented. Moved by Allen, seconded by Colburn, the recommendations and the minutes be approved and filed. Councilman Morgan stated he is not sure what is being recommended here, he has not seen the budget and can't vote on this; also he is not in favor of the Mayor and Deputy Civil Defense Director having a car. Vice Mayor Allen stated all the Council is in- vited to the Finance Committee meetings. E. H. Alsdorf stated if this has to do with the budget, the audience should have some knowledge of the budget. Mayor Gautereaux stated the Finance Committee meetings are open to the public; the recommendations discussed tonight are only pre- liminary steps in preparing the budget. Mr. Alsdorf asked when the next meeting would be. Mayor Gautereaux stated the newspapers would carry the time and place. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. THE MINUTES OF THE PARK AND RECREATION ADVISORY BOARD meeting of June 4th were presented. Moved by Morgan, seconded by Hogue, the minutes be put on the Agenda for next week along with the matter of the teen age dances. Vice Mayor Allen stated there was no reason to bring the minutes back. Councilman Morgan stated he had another question: the land that is up for sale -- will it provide recreation only for the persons living in the apartments? Mayor Gautereaux stated this is a Committee Report covering a 5 year plan. Councilman Hogue withdrew his second. Motion died for lack of a second. Moved by Allen, seconded by Hogue, the minutes be filed. Carried by unanimous vote. THE MINUTES OF THE FINANCE COMMITTEE meeting of June •5th were presented. Moved by Colburn, seconded by Allen, they be approved and filed. Vice Mayor Allen stated at this meeting there was discussion of the possi- bility of hiring a full time City Attorney and it was decided our present City Attorney should have first priority; he would like the motion to 6/16/64 74 include the calling of a closed session of the Council with the City Attorney and the City Manager in attendance. Councilman Colburn stated he would include this in the motion, seconded by Allen. City Manager Hess said it was just a matter of the Council meeting in executive session and discussing• the matter with the CiV Attorney and the only thing to be determined is the time and place. Mayor Gautereaux stated it could be done at the next regular Council meeting, the Council could adjourn to executive session. Carried, by the following vote to - wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. THE MINUTES OF THE FINANCE COMMITTEE meeting of June gth were presented. Moved by Colburn, seconded by Allen, they be approved and filed. Coun- cilman Morgan asked about the payment of back vacation to Assistant City Manager Osburn and stated all employees should be paid for back vacation at the rate of pay under which the vacation was earned. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. APPLICATION FOR PERSON -TO -PERSON TRANSFER OF OFF -SALE BEER AND WINE license for Clara M. and Jeremiah F. Criswell, dba Criswell's Market, 3106 East 16th Street, was presented. Moved by Colburn, seconded by Allen, it be filed. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. ORIGINAL APPLICATION FOR ON -SALE BEER LICENSE for Mary J. and Victor J. Easter, dba Mary J. Cafe, 1930 Cleveland Avenue, was presented. Moved by Colburn, seconded by Allen, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. APPLICATION FOR PERSON -TO -PERSON TRANSFER OF OFF -SALE GENERAL BEVERAGE license for J. Cagnass, Dix K. Brow, Robert and Isabella Pattison, dba Len's Liquor Store, 740 National Avenue, was presented. Moved by Col - burn, seconded by Allen, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. COMMUNICATION FROM MICHAEL DUNN to the Library Board of Trustees in re- gard to his resignation from the Library was presented. Moved by Colburn seconded by Alien, the communication be filed. Moved by Colburn, seconded by Allen, the motion be amended to include the presentation of a certificate to Michael Dunn. Carried by unanimous vote. CITY MANAGER HESS stated he received a certificate of insurance from the Kenneth H. Golden Company and recommended it be referred to the City Attorney and if approved be filed by the City Clerk. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a cancellation of insurance for Billy I. Gentry, contractor at the Casa de Salud, and as the contract has been completed recommended it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of cancellation of a sidewalk license bond for H. B. Greer (the Engineering Department reported he was not working in National City) and recommended it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS stated he has recommendations from various department heads to grant step increases to their personnel as follows: Earl Carter to Step C, Jean Young to Step B, Kenneth Crews to Step E, and Robert Dunn to Step C. The City Manager concurs in the recommendations and suggests they be approved. Moved by Colburn, seconded by Hogue, the increases be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS requested Council permission to hire six youths for a 6/16/64 75 Weed Abatement program such as we had last year, to begin July 1, 1964. Moved by Allen, seconded by Hogue, the permission be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of a communication from the Division of Bay Toll Crossings acknowledging receipt of Resolution No. 8653. Ordered filed by unanimous vote. CITY MANAGER HESS reported he received a proposal from Freeland and Bird pertaining to the manner in which they suggest the Council proceed in regard to the development of a new Civic Center and suggested the Council consider it at this time. Moved by Morgan, it be placed on the Agenda for next week. Motion died for lack of a second. Moved by Hogue, seconded by Colburn, a special meeting of the City Council be held June 22nd to discuss the Civic Center and the contract. Vice Mayor Allen recommended the proposal be accepted now instead of waiting to meet with them. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. REPORT OF THE CITY TREASURER for the period ending May 31st was presented. Moved by Alien, seconded by Colburn, it be accepted and filed. Carried by unanimous vote. MR. CALFAGNA, Cal -Maid Furniture, 240 West 30 Street, was present and requested approval of an oversize driveway. City Manager Hess suggested he take his plans to the City Engineer's office so they may be brought before the Council. CITY ATTORNEY CARSTENS stated one of our policemen has been served with a summons for actions arising out of the course of duty; government code provides he may request the City Attorney to defend him and such request has been made. The City Attorney's opinion was necessary requirements have not been adhered to by the plaintiff and the action may be dismissed summarily. The City Attorney requested Council permission to defend this employee. Moved by Colburn, seconded by Hogue, the permission be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. MOVED BY COLBURN, seconded by Allen, an executive session be held at, the close of the next regular Council meeting. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. COUNCILMAN MORGAN stated he would like the Finance Committee to consider a raise for the custodians, they never get a step increase and received very little salary raise last year; ah(Lhe inquired if the Committee was considering an increase for the Police. Mayor Gautereaux invited Council- man Morgan to attend the Finance Committee meetings. MOVED BY COLBURN, seconded by Hogue, the meeting be closed. Carried, by unanimous vote. The meeting closed at 9:35 p.m. ATTEST: CITY CLERK CJ Written notice has been served more than three hours prior to the Special Meeting held at 7:30 p.m. o'clock, June 22, 1964, =-A_u� r_- IONE" MINOGUE, City Cerk We the duly elected and qualified Councilmen of the City of National City, California, do hereby consent to the holding of a Special Council Meeting on June 22,1964, at the hour of 7:30 p.m. o'clock, in the Council Chambers, National City, California, for the purpose of: Considering a new Civic Center and the proposal made in this regard by Freeland and Bird, architects and engineers Dated this 19th day of June, 1964. _.l / / MAYOBJ COI OILMAN 6) "A/1C\ OUNC ILMAW COUNCILMAN