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HomeMy WebLinkAbout1964 07-14 CC MIN99 National City, California, July 14, 1964 The meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Her- gert, Hess, Minogue, 0sburn, Stockman. The meeting was opened by pledge of allegiance to the flag by City Man- ager Hess followed with invocation by the Rev. R.D. Richardson, South Bay Bible Community Church. MOVED BY ALLEN, seconded by Hogue, the minutes of the adjourned meeting of June 23rd and the regular meeting of July 7th be approved. Carried by unanimous vote. RESOLUTION NO. 8711, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEED (George wetster)" was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote to - wit: Ayes: en, o urn, ogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8712, "RESOLUTION IMPLEMENTING RESOLUTION NO. 8426, APPOINTING PLANNING DIRECTOR TO TRANSPORTATION TECHNICAL COORDINATING COMMITTEE," was read. Moved by Alien, seconded by Colburn, the Reso- lution be adopted. Carried, by the following vote to -wit: Ayes: Arlen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8713, "RESOLUTION AMENDING RESOLUTION NO. 8122 AND ESTAB- LISHINf NATIONAL CITY PUBLIC FACILITIES" was read. Movcd by Alien, seconded by Colburn the Resolution be ado ted. Carried, by the follow- ing vote to -wit: Ayes: en, o urn, ague, Gautereaux. Nays: Morgan. CITY ATTORNEY CARSTENS reported in regard to San Diego County Board of Supervisors' Resolution #86, "declaring portions of Sweetwater Road lying within the limits of City of National City no longer a County highway," the County is endeavoring to disestablish it as a County highway and hand it back to National City. The City Attorney stated about 2 years ago an Ordinance was adopted by the City Council granting Sweetwater Road to the County and the County accepted it. The City Attorney stated Sec. 1704 of the Streets and Highways Code provides this may be done, oviding any works or improvements in progress have been completed and/there is no work in progress this is a proper action. Mayor Gautereaux inquired if the County does not wish to handle street improvement. City Manager Hess stated it would be an expedient measure for them; the street has been improved but they will not be responsible for painting and maintenance. The City Manager said lighting will be required at Reo Drive; the City will be responsible for lighting this intersection. Mayor Gautereaux asked if there were any way we could prevent this from being given back. Councilman Hogue asked if the traffic light would not be considered an improvement. City Manager Hess stated this is not a traffic light but an illuminated intersection. Councilman Morgan said this will be an eight lane freeway and asked if the County and State would take it back again. City Manager Hess stated we might have to go through the same procedure, adopt an Ordi- nance, then when the work is finished the County can adopt a Resolution giving it back to the City. Moved by Morgan, seconded by Allen, the City Attorney and the City Manager check into the problem and if IT-Is at all possible to keep from assuming the obligation they bring it back on the Agenda at a later time. Carried by unanimous vote. CITY ATTORNEY CARSTENS reported a letter of protest to the on -sale beer license for Sale City, 3200 D Avenue, was filed with the Department of Alcoholic Beverage Control in Sacramento as directed by the City Coun- cil. The ABC will advise us of the protest hearing. CITY ATTORNEY CARSTENS reported a complaint was served by the John A. Brand Company, listing several different causes of action. The total 7/14/1964 100 amount is $4,659. The City Attorney stated the action will require an answer and requested authority to file a responsive pleading. Moved by Allen, seconded by Colburn, the City Attorney's request be granted and he be instructed to carry out the City's interest in the case. Carried unan mous vo e. y e orney Carstenr's'3;"ated John A. Brand has alto filed a claim, an amount of $1,343.06 (included in the previous total) and the Code requires a claim be filed and established with the Council for a period of time before they start a lawsuit. The City Attorney stated the City Engineers office has advised him the amount claimed is not properly due. The City Attorney recommended the Council deny the claim and the City Clerk be directed to so notify the attorneys. Moved by Allen, seconded by Colburn, the City Attorney's recommendation be approved. Carried by unanimous vote. C. R. LEVIS, 2321 "J" Avenue, was present and stated since the 1911 improvement act was first considered on "3" Avenue someone sent in a City crew and removed the oiled surface on the 2300 block of J. Moved by Morgan, seconded by Colburn, the City Manager report on this next week. Carried by unanimous vote. MOVED BY MORGAN, seconded by Gautereaux, a refund of a portion of business license fees be made to the manages oor the NationaiTH te1. My A corney-'"�TErstens asked i ze • n en'£T)n of the motion was that there be an amendment to Ordinance No. 708; the ordinance states there shall be no refund except fees based on gross sales. Councilman Morgan stated this would mean advertising and would be costly. Mayor Gauter- eaux stated if the Ordinance were amended it would provide a means of making refunds under certain hardship situations; in this instance the hotel was vacated because of condemnation by the City. Vice Mayor Allen stated he would continue to fight changing an Ordinance that would give an out to any individual and set a precedent. Councilman Morgan stated he would include in the motion the City Attorney be instructed to cha a the ordinance to permit refunds in the case of con a na ons w th the approval or tine Council; seconded by Gautereaux. wed, by the following vote to -wit: Ayes: Colburn, Hogue, Morgan, Gautereaux. Nays: Allen. ASSESSMENT HEARING on 1911 Act Improvement of "L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue West to Sunny Vale, 7th Street from Palm Avenue West to Termination, Alleys in Block 15, Pepper Plat, Map 1515 was held at this time. Anthony Previte, 1117 Palm Avenue, was present and stated the assessment on his property was $847.62 and this is too much; he claimed at least $10,000 damage was done to his property as he was on street level and is now about six feet above street level. Mr. Previto Abated it would cost him at least $1,000 to put in a side- walk and wall. City Manager Hess stated notice was given of a protest hearing prior to the ordering of work and, due to a chanso in grade, there was an additional protest hearing; there was not a majority pro - teat and the work proceeded. A letter of protest from William Barton, 2917 "N" Avenue, owner of property in the assessment district was read. John Cordova, 1407 "MST" Avenue, was present and stated he was dissatis- fied with the grade, portions of his driveway are inaccessible, side- walks were not installed. City Engineer Foster stated in his opinion the work is almost entirely on private property and is above and be- yond the scope of the improvement. The City Engineer also stated side- walks were not planned throughout the assessment district, but plans and specifications were on file in his office and with the City Clerk for reference. City Manager Hess stated many homes in the area were built when there was no established grade. The City Manager further stated when the work was in progress the City Engineer and the City Manager visited the area and talked to Mr. Cordova and his neighbors; they indicated they were primarilly concerned with ingress and egress to their garages and ''he driveways were cut in such a manner to permit this; it was the City Manager's understanding they were satisfied. Moved by Allen, seconded by Colburn, the hearing be closed and referred to the City Attorney. Councilman Hogue stated grade seems to be a big problem and since a lot of our streets do not have an established grade, grades should be established for all streets; also any kind of statement 7/1.4/1964 101 which might be misleading should be omitted from our communications in regard to 1911 improvements. Motion carried by unanimous vote. Moved by Morgan, seconded by Colburn, the City Engineer continue to work with the eople in the assessment district to See Tf he problems can be wor!out. City Engngi"n`ecr1+bster stated die ayoblems may no£ be the City's responsibility. Carried by unanimous vote. RESOLUTION NO. 8714, "RESOLUTION CONFIRMING ASSESSMENT ("L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue West to Sunny Vale, 7th Street from Palm Avenue West to termination, Alleys in Block 15, Pepper Plat, Map 1515)" was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote to -wit: Ayesen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. COUNCILMAN COLBURN stated it would be to the advantage of every citizen when preparing to purchase property or a home on an unfinished street to take into consideration what the cost of improvement might be and that the grade might be changed. MOVED BY ALLEN, seconded by Colburn, the contract with Mr. Carstens, r firm be accepted for a period of one yeaan tie, basis that II: looks as though we will. have more than one at of iiey at any time we will iwant them to cover all the things than need to be done by the City, and sloes leave us with the opportunities that someone else can do things it won't be necessary o send-6hr attorney or efGe into a contra VITM7Wirrarldditional pay. touneilman Morgan stated the City'Af or- ney's budget last year was $16,804; this year it is over $20,000; also in the contract any 1911 Act under $25,000 will be billed at $500. City Attorney Carstens stated this fee is less than established minimumfees in this area; O'Melveny and Myers' fee is twice that. Mayor Gautereaux stated the contract is to the City's advantage; there will be consider- able saving under the contract. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. CITY MANAGER HESS reported in regard to the hiring of youths to work in El Toyon Park, this was left to the discretion of the City Manager and the Director of Parks. The Director of Parks and the City Manager went to El Toyon Park and the problem is not one of weeds between 1st and 4th Streets and "U" and Euclid Avenues; the problem is the unsight- ly condition of the area. The City Manager stated he suggested to the Director of Parks the answer to the problem might be to turf the area with a complete irrigating system, landscaping it in such a way so as not to preclude future development when it comes under the scope of the 701 consultant. The Director of Parks made sketches of the area and the Chairman of the Park and Recreation Advisory Board called a meeting of the Board to review it prior to tonight's Council meeting. The City Manager read the recommendation of the Park and Recreation Advisory Board to propose: thatMr. Gautereaux present a new plan, including the following aspects: (1) Consider closing that portion of th.e two streets 2nd and 3rd, east of the fire hydrants, (2) developing a circular road by the linking of the two streets, 2nd and 3rd, (3) making the best pos- sible use of the existing utilities (water mains and sewer), and 0.) consider the possibilities of parallel parking on one side. The City Manager stated the next regular meeting of the PRAB will be August 7th. The City Manager read a communication from B. J. Gautereaux stating the estimated area for turfing will be approximately 10 3/4 acres, the plantings must be in the ground no later than September 15th, prep- arations for the planting and seeding will require about 11 weeks, and it will require the coordinated efforts of Engineering, Public Works, and Park Departments, plus the use of various types of equipment. The City Manager suggested the Council look at the diagram of the easterly portion of El Toyon Park and consider taking action on the matter. Moved by Morgan, seconded by Colburn, the Park Sunerintendentts recommendation and items 1 through 4 of the Park anti RWreation Advis- ory Board recommen•ation be approved. Vice Mayor Allen stated the re- commenua ono t e ran ecreation Advisory Board was to have a new plan presented at their next meeting and this would be too late; also the City Manager had recommended looking at a diannam and he would 7/14/1964 ib2 like to see this before voting. Councilman Morgan stated the grading could be started now. Charles Ellis, 24 North 11TH Avenue, was present and said the development of the park to the present has been piece- meal and he favors a meeting of the people in the area with someone in authority; he will volunteer the services of the Boy Scouts and Cub Scouts to distribute notices of such a meting. Vice Mayor Allen stated this kind of planned development would come under the 701 program, all we are concerned with now is getting the turf in and it should be started immediately. Mayor Gautereaux asked Mfr. Ellis if he felt a meeting held by the Park and Recreation Advisory Board would satisfy the desires of the people. Mr. Ellis stated either that or a meeting held by any body designated by the Council. Councilman Hogue stated it was his understanding that items 1,2,3,and 4 of PRAB react mendation were included in the motion, not the paragraph preceding it. Councilman Morgan stated this was true. City Manager iiess stated these points were meant to be a guide to the Director of Parks to bring back his recommendation; before these four points plus the Director of Parks' recommendation can be adopted there would have to be something tangible to go by; we are not considering closing a portion of two streets, we are either doing it or not doing it. City Manager Hess recommended the Director of Parks present the plan presented to the PRAB last night with all ramifications and observations as to grading and turfing; full comprehensive planning in the entire area will take time, but nothing in regard to turfing as outlined will be inimical to the final devel- opment of the Park; and prior to the grading, or turfing, or installa- tion of an irrigation system there should be an expression from the Council as to the manner in which to proceed. Councilman Hogue sugges- ted changing the wording of the four points included in the motion as follows: "(i) Close that portion of the two streets, 2nd and 3rd, east of the fire hydrants, (2) develop a circular road by the linking of the two streets 2nd and 3rd,(3) make the best possible use of the existing utilities (water mains and sewer)" and(4) to remain as previously sta- ted. Moved by Morgan, seconded by Colburn, this change in wordinbe included in the motion. Carried, by the following vote to-w t yes: en, o urn, Hogue, Morgan. Nays: Gautereaux. Director of Plan- ning Stockman recommended the street closings be referred to the City Attorney for the necessary resolutions. Moved by Morgan, seconded by Hogue, the Director of Planning's recommendation be approved. Mayor Gautereaux stated until he saw a py.an or some sort he would not be able to vote for it. Mayor Gautereaux requested the Director of Parks to display the plots. Director of Parks Gautereaux displayed a diagram showing the entire park area and explained the embankments, all of which can be traversed by foot and on which power mowers can be used, will be seeded; the existing bank against the back of 4th Street pro- perties is planted in iceplant and no work is intended there at pre- sent; how parallel parking may be developed and the overall terrain. Motion carried, by the following vote to -wit: Ayes: Allen, (" lbi:n, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported in regard to the feasibility of locating the senior citizens building in Kimball Park. The City Manager stated the senior citizens favored the site of the old swimming pool. The Director of Planning, Director of Parks and the City Manager believe the site would be suitable for building but before a comprehensive plan can be made and a recommendation rendered it would be advisable to have the Executive Committee of the Senior Citizens Group meet with the Park and Recreation Advisory Board and appropriate action taken in the planning of the facilities desired. The City Manager suggested he be authorized to request the Chairman of the PRAB to call a meeting with the Executive Committee of the Senior Citizens to discuss the matter. Moved by Morgan, seconded by Allen, the City Manner's recom- mendation be approved. Councilman Hogue asked if this would be to Teclae the kind of building to be erected. City Manager Hess stated they would consider not only the building but the entire scope of the project so we will know exactly what is going in and where it will go. Mayor Gautereaux inquired if an existing Ordinance would prevent the erecting of public buildings within Kimball Park. Vice Mayor Allen 7/14/64 103 stated this was true with the exception of recreational facilities. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. MINUTES OF LIBRARY BOARD OF TRUSTEES meeting of July 1st were presented. Moved by Allen, seconded by Colburn, they be filed. Councilman Hogue stated he was told the Tarzan books were romoved- rom the shelves of the Library and asked if it were true. Mayor Gautereaux ruled this be referred to the Librarian. Motion carried by unanimous vote. COMMUNICATION FROM NATIONAL CITY JUNIOR CHAMBER OF COMMERCE inviting members of the City Council and City Officials to attend the official selection of Miss National City was presented and ordered filed by unanimous vote. COMMUNICATION FROM PARK AND RECREATION ADVISORY BOARD recommending tie Senior Citizens Center and El Toyon Park completion be on priority list was presented and ordered filed by unanimous vote. MINUTES OF PARK AND RECREATION ADVISORY BOARD meeting of July 2nd were presented and ordered filed by unanimous vote. COMMUNICATION FROM CITY MANAGER HESS in regard to the 0livewood Housing purchase by the Lusk Corporation was read and ordered filed by unanimous vote. CITY MANAGER HESS reported the receipt of escrow papers pertaining to the recent land sale to Walton and Hinds and suggested they be referred to the City Clerk to be held, not filed, as there is a note involved which will have to be returned. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported he was contacted last week by Mr. J. L. Beasley, American Legion Post #255, who requested a no -fee permit to sell tickets for a benefit dinner to offset costs of American Legion baseball. As there was not adequate time to contact the Council, the City Manager authorized the no -fee permit. The City Manager requested ratification of his actions. Moved by Morgan, seconded by Allen, the City Manager's actions be ratified. Carried, by the following vote to-w't: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported Cline's TV' & Appliances, 1815 Highland Avenue, requested a 100 foot driveway on 19th Street at Highland Avenue for drive-in television service and loading. The City Manager suggested it be referred to the City Engineer and Director of Planning for a re- port next week and in the interim there will be an opportunity to re- view this in their offices. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated copies of the 1964-65 tentative operating bud- get have been given to each member of the Council; &long with a cater letter and a supplementary letter correcting arithmetic errors. Moved. by Allen, seconded by Colburn, the tentative budget be approved as corrected by the accompanying letter on arithmetic errors. Councilman Morgan stated -there are several items he did not favor: the Mayor's oar; legal secretary for the Mayor; too much in the Mayor's budget for travel and conference; Civil Defense should be eliminated; $20,494 for the City Attorney's office plus over $2,300 in extra pay last year, plus 1911 Acts at the rate of 2% is out of line; the $8,000 for the 701 plan; Fire Station No. 2 should be operated by the Port District; these and other expenses should be eliminated; the ewer paid employees should receive a pay raise this year and the hig/paid employees received raises last year. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. THE CITY CLERK reported Mr. James Doughty, Division of Local Government Fiscal Affairs, State Controller's office, is at present working in her 7/14/1964 io4 office preparing the Annual Street Report and is available for consul- tation. DIRECTOR OF PLANNING STOCKMAN read the recommendation of the Planning Commission that the proposed amendment to Ori inane No. 115 should read as follows: "Section 4. The City Council by resolution, after considering the recommendation of the Planning Commission, may grant permission to post not withstanding the provisions of Section 1, such sign or signs as it may determine to be reasonable and proper upon written application to the City Clerk, filed by the person, organi- zation or other entity desiring to post such sign or signs" and should be adopted. The Director of Planning recommended it be referred to the City Attorney for further processing. MovedobybMorgan, seconded by Colburn, the Director of Planning s Vice Mayor Allen stated it was his understanding Traffic Safety has not approved it. City Attorney Carstens stated he was holding tie reading of the Ordinance until he received the recommendation of the Traffic Safety Committee, and, if the Council desires,"recommendation of the Traffic Safety Committee" may also be added to Section 4. Motion carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission rret recommenda- tion 43rd Street be renamed North Highland Avenue, renamed North Palm Avenue, Euclid Avenue north of Division be renamed North Euclid Avenue, with the house numbers to be changed starting with 00 north of Division Street and increasing as the streets go north; and all streets north of Division Street in new developments carry the same name as the corresponding street on the south side of Division Street, carrying the name North before the street name and the numbers start at 00 north of Division and increase as the street goes north. Moved by Allen, seconded by Colburn, the recommendation be approved. Carried by unanimous vote. MOVED BY ALLEN, seconded by Gautereaux, Mr. Hess direct a letter to Mrs. Howard S. Colburn, Jr. who was in the hospital for minor surgery. Carried by unanimous vote. MAYOR GAUTEREAUX thanked the Park and Recreation Advisory Board and the Director of Parks for the extra effort expended in going into the program of El Toyon Park. MOVED BY MORGAN, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:40 p.m. ATTEST: _ t, ITY CLERK 7/14/64