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HomeMy WebLinkAbout1963 11-05 CC MIN139 National City, California, November 5, 1963 Regular meeting of the City Council was called to order atj:30 p.m. by Mayor Gautereaux, Council members present: Allen, Morgan, Gautereaux. Council members absent: Colburn, Hart. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Hess, Stockman, Stratton. The meeting was opened with salute to the flag by City Manager Hess, followed with invocation by Councilman Morgan. COUNCILMEN COLBURN and HART arrived and took their places at the meeting, Moved by Allen, seconded by Hart, the minutes of the regular meeting of October 29th be approved. Carried by unanimous vote. RESOLUTION NO. 8501, "RESOLUTION TF.ANKING PARTICIPANTS OF SIXTH ANNUAL NAVY WEEK", was read. Moved by Hart, seconded by Morgan, the names of Mrs. Howard Colburn, and Mrs. Ida Mae Kerr be added and the Resolution adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux, Nays: None. RESOLUTION NO. 8502, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'POMNIER ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO", was read. Moved by Alien, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. Ordinance No. , "an ordinance amending Ordinance No. 7162 of the City of National City providing for evening meetings of the City Council and repealing Ordinance No. 1042", was presented for the first reading and read in full. CITY ATTORNEY CARSTENS stated about six weeks ago the Council requested an opinion on the legality of uninhabited annexations within a year in an area where an annexation election failed. The City Attorney's own opinion was it is legal but he wrote to the State Attorney General for his opinion. The Attorney General has replied and is in concurrence with the City Attorney the uninhabited annexations are legal, CITY ATTORNEY CARSTENS reported he has researched City Ordinances in regard to the use of skate boards; there are a number which pertain to it but none which specifically prohibit it. The relevant problem is public nuisance and noise and where this pertains, it is a violation of ordinance. Moved by Allen, seconded by Colburn, the matter be referred to the City Manager to take up with the Chief of Police when he returns and come to some conclusion in regard to how it can be handled, but an ordinance is not necessary to control children at play; complaints 11-5-63 140 brought in can be discussed diplomatically with,th'e people causing it and the person complaining. Councilman Colburn stated it was all a misunderstanding, and it is legal for the children to use their skate boards but it is illegal to make uncommon noise or Create a nuisance. Councilman Colburn withdrew his second to the motion. Councilman Morgan seconded the motion. Mayor Gaut.ereaux stated the responsibility rests with the parents of the children who use the skate boards. Motion failed to carry by the following vote to -wit: Ayes: Alien, Morgan. Nays: Colburn, Hart, Gautereaux. FRANK HIGDEN, 604 "F" Avenue, representing the National City Lions Club, was present and stated the Lions Club is having a Benefit Variety Show at the Community Building on November 22nd to help pay for the concert organ. Lions Club members Roger Steele, Dale Farris, and Lew Long, were also present and were introduced. HEARING on proposed "Connor Annexation" was held at this time. City Clerk Stratton stated she received no written protests. There was no one present in this regard. Moved by Morgan, seconded by Colburn, the hearing be closed and the annexation be referred to the City Attorney for processing. Carried by unanimous vote. HEARING on proposed "Wise Annexation" was held at this time. City Clerk Stratton stated she received no written protests. There was no one present in this regard. Moved by Morgan, seconded by Alien, the hearing be closed and the annexation be referred to the City Attorney for pro- cessing. Carried by unanimous vote. HEARING on proposed Zone Change No. C-18 (property located between 30th and 32nd Street, between "D" Avenue and southerly extension of "E" Avenue frora R-4, Multiple Residence Zone, to C-2, Limited Commercial Zone.) City Clerk Stratton read a letter of protest to the zone change signed by 22 persons at 12 addresses and aletter from Mrs. Florence Costello in favor of the zone change. Raymond. Plummer, 316 - 30th Street was present and stated he has lived at that address for 47 years and Mr. Robnett who requested the change is a new resident and does not think it is fair to zone the area commercial when there is so much com- mercial zoning in already. Mrs. Jennie Turner, 2701 Highland Avenue, was present and stated she saw no need for additional commercial zone when there are vacancies in the stores in existing commercial zones. and the change would mean higher taxes for the residents. Arthur L. Davie, 225 E. 30th Street, Roy Winters, 3027 "D" Avenue, and Mrs. Carl A. Mosier, 230 E. 30th Street, were also present and protested the so ne change. Joe Robnett, 408 E. 30th Street, was present and stated he was not the only one who requested the zone change, and that he plans to erect a nice building for his business. The Planning Commission's 11-5-63 141 recommendation to grant the zone change was read. Director of Planning Stockman requested the Council give serious consideration to the street pattern in the area: 30th Street is not extended through, ending at "B" Avenue, 31st Street is only half a dedicated street forty feet wide, "D"Avenue dead ends at the Swap Meet and does not extend through to Chula Vista. Moved by Allen, seconded by Hart, the hearing be closed and the recommendation of the Planning Commission be approved. Mayor Gautereaux inquired if the Director of Planning had something in mind in regard to the street pattern of the area. Director of Planning Stockman stated there is congestion at the Swap Meet on Saturdays and Sundays on the dead end street. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan. Nays: Colburn, Gautereaux. Mrs. Consuelo Rubio, 1729 Cleveland Avenue, representing the Dedication Committee for the Casa de Salud, was present and distributed invitations to the dedication ceremony of the new Casa on November 23rd to members of the Council. Mayor Gautereaux stated the occasion is one we have all looked forward to and thanked Mr. Ramirez and all those who have helped on the committee for dedication. Councilman Morgan stated he inspected the building and found the inner wall inside the bathrooms did not reach the floor and asked the City Manager to give it considera- tion. Moved by Allen, seconded by Morgan, our City Engineer be authorized to discuss with the Chula Vista City Engineer the possibility of extending "D" Avenue to join Fifth Avenue in Chula Vista. Carried by unanimous vote. COUNCILMAAN MORGAN stated a letter was sent to the City Attorney and to the City Manager asking how much taxis pay to the City and have not received a reply. City Manager Hess stated other information was also requested in the letter and it has been referred to the Traffic Safety Committee. COUNCILMAN COLBURN stated 24th and 30th Streets intersections on High- land Avenue have left turn lanes painted on them and asked if a study could be made to determine whether or not other busy intersections on Highland should be so marked. Councilman Colburn requested the City Manager to report on left turn markings. MAYOR GAUTEREAUX reported he attended a Conference on Civil Defense in Sacramento last week. The Conference was called by the Governor and covered revised operational procedures in the event of disaster. PAYROLL audited by the Finance Committee in the amount of $58,456.17, was presented. Moved by Colburn, seconded by Allen, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 11a5-63 142 BILLS audited by the Finance Committee were presented: General Fund Traffic Safety Park Retirement Trust and Agency Special Street Drainage Sewer Total Moved by Colburn, seconded by Allen, ordered drawn for same. Carried, by $ 15,783.31 6,714.12 954.76 5,169.95 25.00 1,356.30 6,713,21 1,192.18 $ 37,908.83 the bills be approved and warrants the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8503, "RESOLUTION AUTHORIZING EXPENDITURE FROM CAPITAL OUTLAY FUND" (Bay City Electric ;forks for emergency generator, Fire Dept., $2,075.84; O'Quinn's Lawn Equipment for lawn edger, $96.88) was read. Moved by Colburn, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. COUNCILMAN COLBURN stated the drainage in the 1400 block of Harbison Avenue was on the agenda at his request, he inspected the area since the last Council meeting and would like to move the City Manager's recommendation be approved. is in view of the fact this feel we have adequate funds that area, and at that time City Manager Hess stated his recommendation is on private property at such time as we available to handle the drainage project in only we endeavor to acquire easements across the property so the City may install the necessary drainage, Moved by Colburn, seconded by Hart, the City Manager's recommendation be approved. Councilman Hart stated he also inspected the drainage, and thinks there is no problem except there should be a fence to keep children from fall- ing in. Vice Mayor Allen stated this is not exactly the way he under- stood the motion last week, and if that motion. Councilman Morgan stated as he it was to be put in next year's budget, was the intent, he favors the understood the motion last week he does not favor going on record as wanting something, because then we start planning it; he would rather wait until the money is available. City Manager Hess stated a drainage priority list is in preparation, copies of the ten- tative list will be distributed to each member of the Council today; a suggested priority number has been given to each drainage project des- cribed. The project on Harbison may be number one or it may be number fifteen in your estimation and it would be presumptuous to state it will be in next year's budget. Councilman Hart withdrew his second. Mayor Gautereaux stated there are two basic problems: (1) when we may be able to accomplish the needed drainage, and (2) accepting the rights of way so the drainage may be accomplished when its priority matures. 11-5-63 143 Moved by Gautereaux, seconded by Colburn, the drainage rights of way be accepted and we.make an arrangement to protect the right of way against future accidents by fencing it and then the drainage that would come at a future time be determined by the priority that is set up in respect to all of the drainage within the City. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY MANAGER HESS read a communication from the Director of Public Works in regard to the alleged use of the street sweeper on private property, which stated at a meeting on November 4th the operators of street sweepers all said the use of the sweepers was not on private property with the exception of the sweeping of the semi -circle driveway of Sweet- water High School which has been swept on two occasions; private contrac- tors use similar equipment, painted the same color orange as City owned equipment and it is probably the privately owned equipment which was seen sweeping private property. CITY MANAGER HESS reported in regard to the original black top on East Second Street in the vicinity of the new storm drain and referred to a memorandum from the Engineering Department dated September 25th, which preceded the inquiry, and states in part ".,.oil mix surfacing on this street was in poor condition prior to the beginning of the work; we will doubtless receive complaints regarding it.,.t9. A memorandum from the Engineering Department as a result of last week's inquiry stated since no paved street existed, Pace Construction has no responsibility for the condition of the travelled way; there has never been a surface on this street for which the City should be responsible for maintenance. City Manager Hess further stated the street has been patched and he feels the job has been completed. Councilman Morgan asked if it were possible to drive through on black top as you could before the drain went in. City Manager Hess stated there never was any true black top in the area. Councilman Morgan said it might not have been true black top butthe road was surfaced to the degree where there was no mud. Moved by Morgan, seconded by Hart, City crews get the dirt off the road down to the black top. Motion failed, by the following vote to -wit: Ayes: Hart,. Morgan. Nays: Alien, Colburn, Gautereaux City Manager Hess stated there is a 1911 Act pending in the area.Moved by Allen, seconded by Colburn, the City Manager's report be accepted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart Gautereaux. Nays: Morgan. COUNCILMAN COLBURN reported on the San Diego Mass Transit Committee meeting, October 30th, and stated the Committee believed a study of community need for transportation and the scope and type is needed. 11-5-63 144 He further stated National City's participation would be 3% of the cost as National City comprises 3% of the system; the study is to be done by an outside firm. Chula Vista only wants a study within their own city limits and only want to participate in a study that would connect them with San Diego. Studies made by San Diego in the past which are on file will be made available. Moved by Colburn, seconded by Allen, we go along with the Committee's recommendation to participate in the transit study if they have one and a resolution to that effect be pre- pared. Mayor Gautereaux inquired if the Committee had estimated the anticipated cost of the study. Councilman Colburn stated they had not because it depended on San Diego's participation. The Resolution would not commit us to the study but will show that we are interested in it. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. Request for refund of $25 performance bond by Margaret Bullis, 2820 "D" Avenue, was presented. Moved by Allen, seconded by Morgan, it be approved and a warrant be drawn for same. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. Request for refund of $25 performance bond by Jack E. Alvord, 7287 University Avenue, La Mesa, was presented. Moved by Allen, seconded by Morgan, it be approved and a warrant be drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported the October 25th edition of "Chevron", a publication of the Marine Recruit Depot, has a picture of the Vice Mayor and two City hostesses, Mrs. Reid and Mrs. Baker, and recommended it be forwarded to the Chamber of Commerce as they have a scrap book for Navy Week. Moved by Morgan, seconded by Allen, the City Manager's recommen- dation be approved. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a letter dated November 4th from William E. Wightman, Paradise Valley Church, requesting a permit be granted to Paradise Valley Church for the annual campaign, using sound cars. City Manager Hess recommended they be granted the same authority as last year. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported receipt of an invitation to a meeting of the San Diego Unified Port District on December 17th, at 3:30 p.m., for the discussion of a master plan for the Bay of San Diego, and stated it would be in conflict with a Council meeting. Mayor Gautereaux stated the Council could try to keep the meeting short on the 17th so they could all attend the Port District meeting. Moved by Allen, seconded by Morgan, it be filed and that it appear on the agenda as a reminder. 11-5-63 145 City Manager Hess stated the communication was addressed to him, not to the City Clerk, and he objected to its being filed, Vice Mayor Allen, with the approval of his second, omitted filing from the motion. Car- ried by unanimous vote. Mayor Gautereaux asked if the Planning Director could be included. CITY MANAGER HESS stated the fire prevention ordinance needs review and suggested the City Attorney, Fire Chief and City Manager make recommen- dations to the Council in this regard. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unani- mous vote. CITY MANAGER HESS stated the tentative drainage priority list has been prepared and provided one to each Councilman and requested they make their comments and return all copies by the end of the month so the final copy may be prepared. CITY MANAGER HESS stated there are 1911 Acts on file dating back to 1956 embracing some 48 blocks of paving within the corporate limits of Nationa] City, and asked Council consideration of retaining an outside condul- tant. The advantages of an outside consultant are: to expedite mat- ters with accomplishment as economically feasible; without outside con- sultant it would be necessary to hire additional temporary help, current space available would not make this permissible to work in conjunction with our Engineering Dept.; a consultant could devote his full time to the project without the responsibility of handling other engineering affairs. The City Engineer and the City Manager concur it would be a great advantage to the entire municipality and greater productivity could be realized. He would prepare the debt limitation report, the setting of assessments and other phases of 1911 Acts. Cities such as La Mesa, El Cajon, Escondido, San Diego and the County of San Diego have utilized services such as outlined. City Manager Hess requested permission to contact outside consultants, interview them with the City Engineer, and bring back a report and recommendation as to the feasib- ility of such endeavor. Moved by Morgan, seconded by Allen, to approve the City Manager's request and that he bring back the cost to the Coun- cil. Carried by unanimous vote. CITY MANAGER HESS stated a communication was received from the National City Garden Club requesting permission to use the Community Building next June for three days (Friday through Sunday) and requested assis- tance in financing trophies as in the past. In April, 1962,:the City participated by paying for trophies and awards in the amount of $165. City Manager Hess suggested in view of past Council action, the request be granted. Moved by Hart, seconded by Colburn, the Garden Club's request be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. • 11-5-63 146 CITY MANAGER I-IESS stated the National City Hostesses requested he con- vey to the Council their' thanks for the Key to the City which was pre- sented to MrS. Navy. Moved by Alien, seconded by Gautereaux, the City Attorney give. his opinion as to whether or not the participation in furnishing of trophies could be considered a "gift". Carried by unanimous vote. CITY CLERK STRATTON read copies of two letters from the County Boundary Commission in regard to "Ridgeway Drive Annexation" and "Wright Annexa- tion". Moved by Allen, seconded by Morgan, they be referred to the Director of Planning for a report. Carried by unanimous vote. CITY CLERK STRATTON reported receipt of a communication from the Board of Supervisors in regard to a meeting on November 4th to appoint the fifth member of the Local Agency Formation Commission. Ordered filed by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented a petition requesting annexation to the City of National City of uninhabited territory to be known as the "Ridgeway Drive Annexation" and recommended it be referred to the Plan- ning Commission for a report. Moved by Morgan, seconded by Alien, the Director of Planning's recommendation be approved. Carried by unanimous vote. Moved by Colburn, seconded by Morgan, the meeting be closed. harried by unanimous vote. The meeting closed at 3:26 p.m. • ATTEST: 7 OR, CI OF ,NATIONAL CITY, CM IFORNIA CITY CLERK 11-5-63