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HomeMy WebLinkAbout1963 12-03 CC MIN170 National City, California, December 3, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Osburn, Stockman, Stratton. The meeting was opened with salute to the flag by City Manager Hess, followed with invocation by the Rev. Fay Brice, Holiness Gospel Chapel. Moved by Colburn, seconded by Hart, the minutes of the regular meeting of November 26th be approved with the following correction: Page 167, paragraph 4, in regard to Seventh Street Storm Drain, "...monies in the account be transferred to the Drainage Fund...", not General Fund as stated in the minutes. Carried by unanimous vote. RESOLUTION NO. 8250, "A RESOLUTION AUTHORIZING CLOSING OF BANK ACCOUNT AND TRANSFER OF FUNDS, PUBLIC WORKS PROJECT AP"w-CALIF-60G", was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS requested the resolution in regard to the 1911 Act which he was asked to prepare ;last week be deferred until the con- clusion of his report. Moved by Allen, seconded by Colburn, the request be granted. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated there are three ordinances for first reading, all containing lengthy legal descriptions, and each approving an annexation. Moved by Allen, seconded by Hart, the reading of the ordinances be waived and they be given the first reading by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Ordinance No. , "an ordinance approving the annexation of certain uninhabited territory designated 'Prospect Street Annexation' to the City of National City". Ordinance No. , "an ordinance approving the annexation of certain uninhabited territory designated '24th Street Annexation' to the City of National City". Ordinance No. , "an ordinance approving the annexation of gextain uninhabited territory designated 'Sweetwater Road Annexa tion' to the City of National City". CITY ATTORNEY CARSTENS stated there are two ordinances for second read- ing, the first provides for the sale of bicycles in possession of the Police Department at the end of three instead of six months. Moved by 12-3-63 171 Colburn, seconded by Allen, the reading of the ordinance be waived and it be adopted by the reading of the title only. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1082, "AN ORDINANCE AMENDING ORDINANCE NO. 743 TO PROVIDE FOR THE CARE, RESTITUTION, SALE OR DESTRUCTION OF UNCLAIMED PROPERTY IN THE POSSESSION OF THE POLICE DEPARTMENT OF THE CITY OF NATIONAL CITY". Moved by Allen, seconded by Colburn, the Ordinance be adopted. Carried, by the follo„=ing vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the second ordinance pertains to the amendments to Ordinance No. 1067, incorporating changes to the San Diego County health ordinance. Moved by Colburn, seconded by Allen, the second 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, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1083, "AN ORDINANCE AMENDING ORDINANCE NO. 1067, INCOR- PORATING AMENDMENTS TO SAN DIEGO COUNTY ORDINANCE NO. 2443". Moved by Colburn, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated in regard to his opinion on the petition requesting a re -hearing on the 1911 Act Improvement of 12th Street, "D" to "E" Avenue, and "E" Avenue northerly, he has given to each Coun- cil member a letter stating his opinion, but he would summarize his opinion. Basically, petition protested on five grounds: (1) Two people had not received notice; and under the Code, so long as notice is mailed and an affidavit is filed by the City Clerk stating the notices have been mailed, the proceedings are not invalidated if they are not received by the property owners. (2) A person received notice and his property is not in the law this does not constitute a receive notice; is the same as considered; the wording of the assessment district; under applicable defect. {3) Robert E. Stein did not No. 1. (4) Only written protests were notices is taken verbatim from the Streets and Highways Code and this cannot be the basis of an objection. (5) The discussion under No. 4 answers the point raised in the peti- tion. The Council may by a 4/5 vote overrule a 100% protest. City Attorney Carstens stated there is no provision in the law for postpon- ing the advertising for bids; therefore, he did not prepare the Reso- lution which the Council directed last week because it would have no legal effect. Moved by Hart, seconded by Morgan, the 1911 Act for the improvement of 12th Street be abandoned. Mayor Gautereaux ruled the 12-3-63 172 motion out of order as the City Attorney is making his report and the matter is scheduled on the agenda under referrals. COUNCILMAN MORGAN stated there is a drainage problem in the Arnold Estates area at 937 Manchester; the water runs over the back yards of several properties. Moved by Morgan, seconded by Hart, the City Mana- ger make a report on it next week. Carried by unanimous vote. PAYROLL, audited by the Finance Committee, in the amount of $58,071.19 was presented. Moved by Colburn, seconded by Allen, the payroll be approved and warrants be drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. BILLS, audited by the Finance Committee, were presented: General Fund $ 11,406.86 Traffic Safety 1,279.92 Park 297.97 Retirement 5,011.07 Gas Tax 43,766.31 Special Street 76,415.76 Park Construction 49.27 Sewer Service 240.50 Total $138,467.66 Moved by Colburn, seconded by Alien, the bills be approved and warrants be drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Colburn, seconded by Alien, to proceed with the 1911 Act Improvement on 12th Street. Mayor Gautereaux ruled the motion is pro- ceed is not necessary, as the project will proceed unless the Council votes to abandon the project. Motion and second were withdrawn. Moved by Hart, seconded by Morgan, the 1911 Act Improvement on 12th Street be abandoned. Motion failed, by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. APPLICATION for person to person transfer (adding spouse) of on -sale beer license for Dorothy and Phillip Griffin, dba Roundup Cafe, 330 Highland Avenue, was presented. Moved by Allen, seconded by Colburn, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Abstaining: Morgan. CITY MANAGER HESS stated he received a request for a no -fee permit from Mrs. Eugene Bradley, associated with the candy -stripers organization at the Paradise Valley Hospital, to solicit funds to purchase mater- ials to be used by patients at the Hospital for creative therapy and recommended the request be granted. Moved by Morgan, seconded by Col - burn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 12-3-63 173 CITY MANAGER HESS stated he received a request for a no -fee permit to solicit for items such as clothing, furniture, etc., to repare for re- sale at their shop in San Diego, from the American Veterans of World War II in Korea and suggested the request be granted. Moved by Colburn, seconded by Alien, the request be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY CLERK STRATTON stated she has the affidavit of publication of Resolution of Intention, and affidavits of mailing notice of hearing on the debt limitation act and the notice of adoption of Resolution of Intention, for 1911 Act Improvement of "L" Avenue from 4th to 6th Street, "M" Avenue from 4th to 8th Street, 6th Street from Palm Avenue west to Sunnyvale, 7th Street from Palm Avenue west to termination, alleys in Block 15, Pepper Plat. Ordered filed by unanimous vote. Moved by Morgan, seconded by Allen, the meeting be adjourned for the City Manager's and City Engineer's Hearing on 1911 Act Improvement. Meeting adjourned at 2:00 p.m. CITY MANAGER'S AND CITY ENGINEER'S HEARING on the 1911 Act Improvement of "L" Avenue from 4th to 6th Street, "MT+ Avenue from 4th to 8th Street 6th Street from Palm Avenue west to Sunnyvale, 7th Street from Palm Avenue west to termination, alleys in Block 15, Pepper Plat, Map 1515 was held at this time. Mayor Gautereaux called the meeting to order at 2:58 p,m. Council mem- bers present: Allen, Colburn, Morgan, Gautereaux. Absent: Hart. CITY MANAGER HESS stated the report on the City Manager's and City Engineer's report will be submitted to the Council next week and recom- mended the Hearing on the Resolution of Intention No. 8499 be held over until next week. Moved by Morgan, seconded by Colburn, the City Mana- ger's recommendation be approved. CITY CLERK STRATTON inquired what time the hearing would be scheduled as there are other hearings sched- uled for 2:00 p.m. next week. CITY ATTORNEY CARSTENS stated the hear- ings could all be listed on the agenda for 2:00 p.m. and they would be held in the order listed. Motion carried by unanimous vote. COUNCILMAN HART returned to the Council Chamber. CITY MANAGER HESS reported final inspection of the Casa de Salud and the Chief Building Inspector and Director of Public Works recommended an inspection report be filed and a notice of completion be filed. Moved by Allen, seconded by Colburn, the. recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a communication from the Chamber of Commerce listing the Christmas program scheduled for presentation 12-3-63 174 in front of the Library and recommended it be filed. Ordered filed by unanimous vote. CITY MANAGER HESS presented the minutes of the regular meeting of the Board of Directors of South Bay Irrigation District on November 5th. Ordered filed by unanimous vote. CITY MANAGER HESS stated he has been requested by a realtor to hold a Real Estate Committee meeting on Friday, December 6th at 10:00 a.m. The meeting will involve a large piece of city property to be purchased and recommended the meeting be held at this time and all attend. Chair- man Kile Morgan set the meeting as requested. CITY MANAGER HESS stated the City Council and all City employees have been invited to attend the Museum of American Treasures, 1516 Fourth Street, Sunday, December 8th, from 2:00 to 4:00 p.m. by Beta Sigma Phi to honor Mr. Hans Lindeman, owner. CITY MANAGER HESS stated prior to passage of Ordinance No. 1076 several department heads who previously had not been covered under Civil Ser- vice came under its jurisdiction, and sections covering annual leave. There are now several employees who have accumulated leave, some of it up to 55 days, if under the new ordinance, there is not action taken this could very well get out of hand and could cause the same kind of situation we had with the police officers regarding back pay. City Manager Hess suggested this be left to his discretion to dispose of this accumulated leave, either in time off or cash reimbursement to the employees involved. Moved by Hart, seconded by Alien, the City Mana- ger's recommendation be approved. Councilman Morgan asked if the City Manager would bring this back to the Council as a recommendation or if he would carry it out. City Manager Hess stated he would like to have the Council's blessing to carry on as fit in each instance; the point is, an individual has 20 or 30 days accumulated leave, if he were to take the leave we would have to pay him anyway, and he would be away from his job. Some department heads cannot be spared for these long periods of time plus the fact this leave was accumulated prior to Civil Service status. Now that he is under Civil Service, he is still accum- ulating leave and this could be very cumbersome; we might have one department head away from his job for more than a month or two. City Manager Hess stated he would like it to be within his discretion to dispose of it either by taking the actual leave, or if judgment dic- tates, payment of cash for the actual amount, which they have earned and are entitled to. There has been precedence in the past, by virtue of the fact that other employees who have terminated by retirement or resignation have received pay for periods from 10 to 75 days, cash set- tlement; none under consideration exceed 75 days. Mayor Gautereaux 12-3-63 175 inquired if it involved paying of cash, would it come back to the Coun- cil under Warrants and Bills to be approved. City Manager Hess stated it would come back along with the bills for approval. Vice Mayor Allen asked if it would be included in salaries. City Manager Hess stated it would be identified as to its purpose; the Council could exercise their discretion on approval when it is presented. Vice Mayor Allen asked if in most instances it would be time off instead of cash. City Mana- ger Hess stated this would be true except for two. Councilman Colburn asked if this problem would be allowed to build up again. City Manager Hess stated under Civil Service, leave must be used and not accumulated, he is trying to preclude the problem. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. COUNCILMAN HART left the Council Chamber. CITY MANAGER HESS stated F. E. McCormick, 15542 Highway 80, El Cajon, has offered to remove the vacant school building located on 30th Street, acquired recently and used for storage purposes. The building is no longer used for storage and there have been several fires and a great deal of vandalism. He offers to raze the building to the concrete slab and remove all debris caused by razing. Mr. McCormick has manufac- turer's and contractor's insurance and would guarantee the razing in a safe, orderly manner. City Manager Hess stated he has checked with the Director of Public Works and the Director of Housing and they advised removal of the building by the City would cost more in time than the amount of salvage involved. The City Manager recommended the offer be accepted and the City Attorney and City Manager work out an agreement with Mr. McCormick to insure the building is removed and he furnishes proper insurance and performance bond. Moved by Colburn, seconded by Allen, the City Manager's recommendation be approved. Councilman Morgan inquired how much money was offered. City Manager Hess stated zero dollars. Councilman Hart returned. Mayor Gautereaux recommended a nominal fee be established to satisfy the requirements of the law and included in the motion. Councilman Colburn included the recommendation in his motion, included in second by Allen. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Abstaining: Hart. CITY MANAGER HESS stated a communication from the National City -Chula Vista Board of Realtors recommending immediate steps toward the connec- tion of "D" Avenue in National City and Fifth Avenue in Chula Vista was received. City Manager Hess stated, although the Council has directed the City Engineer to talk to the Chula Vista Engineer, in view of the proposed freeway and flood control channel in Sweetwater Valley, it could have an adverse effect and recommended the letter be filed. 12-3-63 176 Moved by Morgan, seconded by Allen, the communication be filed. Vice Mayor Alien said he did not understand the viewpoint of damaging the location of the freeway or channel; if it is not dedicated prior to the freeway or channel, it would then be up to us to go under or over the freeway or channel whereas if it were dedicated prior, it would be taken into consideration in the planning of the freeway or channel. Councilman Colburn stated it is going to be difficult to get the cities to agree on off -ramps, etc. from the freeway. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY CLERK STRATTON stated she was served with a summons from U. S. National Sank and referred it to the insurance carrier and the City Attorney and asked to have her action ratified. Moved by Morgan, sec- onded by Allen, the City Clerk's action be ratified. Mayor Gautereaux inquired as to the nature of the summons; the City Clerk stated it was in regard to taxes on safe deposit boxes. Carried by unanimous vote. CITY CLERK STRATTON presented the affidavit of publication of Resolu- tion No. 8502 (Pommier Annexation) in the Independent. Ordered filed by unanimous vote. CITY CLERK STRATTON reported receipt of two communications from the Local Agency Formation Commission: a notice of a hearing December 16th at 1:30 p.m. on the "Fritz Annexation" to the City of National City and a notice of the "East Oxford Street" Annexation to the City of Chula Vista. Moved by Allen, seconded by Morgan, someone from the Planning Department attend the hearing for National City and the Chula Vista annexation be referred to the City Engineer. Carried by unani- mous vote. CITY ENGINEER FOSTER reported in regard to the streets on which the federal government has requested the City of National City to file a disclaimer, we find we have sewers, storm drains, etc. that need pro- tection and recommended the request for disclaimer be denied. Moved by Colburn, seconded by Morgan, the City Engineer's recommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER reported in regard to connecting "D" Avenue with Fifth Avenue in Chula Vista, he has been in touch with the Engineering Department in Chula Vista and their informal opinion is that they do not want Fifth Avenue through as they have contemplated closing it in the vicinity of the new shopping area. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommen- dation to accept the proposed "Proctor Annexation". The Director of Planning recommended the Planning Commission report be accepted and 12-3-63 177 held until the hearing. Moved by Morgan, seconded by Colburn, the Director of Planning's recommendation be approved. Mayor Gautereaux stated the Director of Planning stated the cost of sewers in the pro- posed annexation would be $9,000 with an assessed property valuation of $4,000 and asked how that compares with other annexations. The Director of Planning stated she could not answer the question but would furnish the information on forthcoming annexations if it was desired. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan. Nays: Gautereaux. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission defines principle business is taking damaged nature and separating the usable from salvage "salvage" as an activity, whose or discarded merchandise of any the unusable. It would, therefore, be her interpretation, would pertain to any material saved from ruin. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. The meeting closed at 3:27 p.m. ATTEST: CITY CLERK ,YOR, CITY OrATIONAL CITY Ltr_e,,> CALIFORNIA 12-3-63