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HomeMy WebLinkAbout1963 04-02 CC MIN350 National City, California, April 2, 1963 The 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, Hess, Stockman and Stratton. The meeting was opened with pledge of allegiance to the flag by City Manager Hess, followed with invocation by Elder Collier of the Paradise Valley Seventh Day Adventist Church. Moved by Hart, seconded by Morgan, the minutes of the regular meeting of March 26, 1963, be approved. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux, Nays: None. Abstaining: Allen. Mayor Gautereaux welcomed Vice Mayor Cecil Allen, who has been absent because of surgery; also the Editor of the Sweetwater Union High School newspaper and Student Mayor, Dennis Morgan. RESOLUTION NO. 8344, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION (National Avenue from 14th Street to 24th Street)", was read. .Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: None. Abstaining: Allen. RESOLUTION NO. 8345, "RESOLUTION AUTHORIZING WRITE-OFF OF UNCOLLECTABLE SANITATION ACCOUNTS", was read. Moved by Morgan,seconded by Hart, the Resolution be adopted. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8346, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (completing acquisition of right of way for Southwest Drainage APW 59G)", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8347, "RESOLUTION OF AWARD OF CONTRACT (PLAZA BOULEVARD STA. 17+01.99 TO WILLIAMS MANOR, UNIT NO. 4)", was read. Moved by Hart, seconded by Colburn, the Resolution be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8348, "RESOLUTION ENDORSING SENATE BILL NO. 344 (USER TAX ON PETROLEUM PRODUCTS)", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted and a copy sent to the Governor in addition to the legislators. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. 4-2-63 351 ORDINANCE NO. , an Ordinance adopting San Diego County Ordinance No. 2443 relating to the preparation and distribution of food, was pre- sented for the second reading. Moved by Allen, seconded by Hart, the Ordinance be adopted by reading of the title only. Carried by unani- mous vote. ORDINANCE NO. 1067, "AN ORDINANCE ADOPTING SAN DIEGO COUNTY ORDINANCE NO. 2443 RELATING TO THE PREPARATION AND DISTRIBUTION OF FOOD". Moved by Allen, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the City Clerk has furnished him with figures from the former city attorney in the cases the City vs Califor- nia Water and Telephone Company and he will be able to conclude the settlement with their attorneys within a short time. CITY ATTORNEY CARSTENS reported receipt of a cancellation notice of a sidewalk license bond for Riley J. Presser, Lemon Grove, and recommended as there is no work in progress, the notice be filed. Ordered filed by unanimous vote. CITY ATTORNEY CARSTENS stated he has received a communication from the Park and Recreation Advisory Board asking the difference between the Board being established by Resolution (as it was) and by Ordinance. The City Attorney stated he would forward a written opinion to the Board. CITY ATTORNEY CARSTENS stated he has communicated with the National City Chamber of Commerce in regard to the proposed change in trucking rates for additional information and with the Public Utilities Commis- sion. Hearings will be held in San Francisco April 16-18, April 29-30, and May 1-3, 1963. When additional information is received, a Resolu- tion will be prepared to send to the Commission before the hearings. VICE MAYOR ALLEN stated he would like a report from the City Attorney on whether or not he thinks his appearance at the hearings would be advantageous. CITY ATTORNEY CARSTENS stated he had communicated with the San Diego Taxpayers Association in regard to the amendment of Section 51, revenue Port bond issue by Unified/Bond Issue and requested it be deferred as it was on the agenda under New Business. CITY ATTORNEY CARSTENS reported receipt of a certificate of insurance for Pace Construction Company and recommended it be filed. Ordered filed by unanimous vote. CITY ATTORNEY CARSTENS stated he had received a certificate of insur- ance for Lee J. Morgan Construction Co., Morgan and Strolz Development 4-2. 63 352 Co. and Lee J. Morgan as an individual, for the contract for razing Casa de Salud. Moved by Hart, seconded by Colburn, the certificate be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Abstaining: Morgan. HEARING on the vacation and closing of a portion of "J" Avenue between Eighteenth and Twentieth Streets was held. City Clerk Stratton read letters of protest from E. H. Alsdorf, 2105 e'Jf Avenue, and R. L. B. Smith, 541 "L" Avenue. E. H. Alsdorf was present and stated by closing the portion of "J" Avenue, the Council is working against the master plan for the development of National City. Mrs. Robert Richards, 1411 E. 16th Street, was present and stated the Council was adding insult to injury by closing the portion of "J" Avenue. Director of Planning Stockman read the Planning Commission's recommendation of February 13th to close a portion of "Jtt Avenue. Moved by Allen, seconded by Colburn, the hearing be closed and the protests be overridden and it be referred to the City Attorney to prepare resolutions conforming to the recommen- dations of the Planning Commission and the Director of Planning. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Allen, seconded by Colburn, the petitioner be ordered to pay the cost of closing a portion of fJ.r Avenue and deposit $50 with the City. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Morgan, seconded by Allen, the reading of the Ordinance be deferred until such time as the building permit or a firm commitment is received. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated in regard to the communication received from the Employees Association, recommending when holidays fall on Saturday the preceding Friday be a day off, would require Ordinance No. 835 be amended. It was agreed by the Council when a holiday was on Saturday the preceding Friday would be observed and if the holiday was on Sunday, it would be observed on Monday. Moved by Morgan, sec- onded by Hart, the matter be referred to the City Attorney and the City Manager for their recommendations to the Council. Carried by unanimous vote. COUNCILMAN MORGAN stated the Director of Public Works and city employees are working very hard on the Public Works Building, building with used material. He said he would like to see they do not go too far, and in the future would like to have a new building in keeping with other businesses coming into the area. VICE MAYOR ALLEN thanked everyone for the cards and letters sent to him in the hospital. 4-2-63 353 COUNCILMAN HART stated last weeks paper had made it sound as though he was in favor of spending a lot of money for Civil Defense; he is not. VICE MAYOR ALLEN stated the cost of Civil Defense to the City is not what has been quoted in the papers. National City budgeted in 1961-62 $4,335 for expenditures for Civil Defense, actual expenses of $4,239 were made. During the present period $17,012 was budgeted. As of February 28th, only $8,135.60 had actually been spent. At this rate, the total for the year will be $12,203.40, of which approximately one- half will be met by matching funds. Other smaller cities are spending considerably more. Headlines such as the papers are printing frighten people. VICE MAYOR ALLEN said he is available to any organization any- where, anytime for talks on Civil Defense. Councilman Morgan stated although $4,335 was budgeted in 1961-62 we got most of that back ($2,500) from Unified Civil Defense and it still costs the taxpayer. Colburn COUNCILMAN SICIMAN stated he was in the majority vote for drainage for Second Avenue in the 3100 block, and wanted to rescind his vote. Moved by Colburn, seconded by Gautereaux, the City of National City does not put the drainage in in the 3100 block of Second Avenue at this time. Robert Stout, 3133 E. 2nd Street, was present and stated prior to the building of a sub -division in San Diego there was adequate drainage in the area. The rain water now runs down the roads and floods the area around their homes. He showed pictures of the flooding as a result of a .03 rainfall. He further stated he had been told the City of National City approved the plans for the San Diego subdivision. Councilman Colburn stated there is a 1911 Ace Improvement planned for this area and he feels this is when the problem should be met. Councilman Morgan stated it is up to the City of National City to see that the City of San Diego does something about the problem. Mayor Gautereaux stated the motion should not be as stated, but should be to reconsider the matter and withdrew his second. VICE MAYOR ALLEN said it would be costly to the City to install the proper pipe, and he would like to see the National City City Engineer and the San Diego City Engineer get together and have a recommendation from both cities for installa- tion of proper drainage and both cities to bear the cost. Moved by Colburn, seconded by Gautereaux, to reconsider the motion made last week to see what is needed for drainage at 3133 E. 2nd Street. Mayor Gautereaux stated this is too great a problem to be resolved quickly and asked if Mr. Stout had any recommendation to make to the Council. Mr. Stout said the problem was not of the residents making and was created by the subdivision and the diverting of water into the area. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaua Nays: Hart, Morgan. City Engineer Foster stated although there is 4-2-63 T 354 now a concentration of water he does not believe there has actually been a diversion of water. Mr. Stout stated there is now a 30 inch main under Division Street which carries water into the area. Moved by Morgan, seconded by Gautereaux, it be referred to the City Engineer, the City Manager and the City Attorney. Carried by unanimous vote. VICE MAYOR ALLEN said he had heard some people are circulating the rumor it would cost $10 a month more to install drainage along with the 1911 Act Improvement of East 16th Street and this is not the case. It will cost $10 to $15 per fifty foot lot per year more on the charges for the 1911 Act. Mrs. Richards said this would be expensive for those people with large frontage. VICE MAYOR ALLEN inquired what has been done toward settling the Mari- posa Street Annexation. Director of Planning Stockman stated petitions have been circulated but no meeting has been called between the prop- erty owners and the California Water and Telephone Company. MAYOR GAUTEREAUX stated an item on Flood Control had been brought up several weeks ago and was a tie vote and he would like to see it brought back to the floor. City Engineer Foster said the chairman of the Flood Control Committee was then preparing a report to be brought to the Board of Supervisors and asked for support of the Flood Control District. The committee appeared before the Board last week, but probably still need support. Moved by Colburn, seconded by Gautereaux, the Flood Control proposal be reconsidered. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 9,662.11 Traffic Safety 1,381.58 Park 310.52 Retirement 5,045.29 Harbor 7.24 Special Street 479.01 Drainage .75 Payroll 58,654.71 Total $ 75,541.21 Moved by Colburn, seconded by Allen, the bills be approved for payment and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8349, "AUTHORIZING EXPENDITURE FROM CAPITAL OUTLAY FUND (The Hedman Co., $39.13 and Pacific Clay Products, $849.23)", was read. Moved by Colburn, seconded by Allen, the Resolution be adopted. Car- ried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. 4-2-63 355 CITY MANAGER HESS reported he and the City Engineer made an inspection of the area 16th to 18th Street between West Avenue and Hoover Avenue where Don E. Norman proposed installation of a culvert. City Engineer Foster stated the grades in the area are critical and the ultimate solution will involve pumping. At this time the proper elevations have not been determined and cannot be determined until a complete design of the drainage system has been done. Open ditch drainage in the area is estimated to cost $60,000; a covered structure in the same area would cost five or six time more. It is difficult to make a competent estimate of the proposal. City Manager Hess recommended, based on Mr. Foster's report, it be laid over until further surveys can be made. Moved by Hart, seconded by Morgan, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated Director of Public Works Biggs has written to Assemblyman Donovan in regard to AB 1364 and recommended the matter be laid over until next meeting. Moved by Morgan, seconded by Hart, the recommendation be approved. Carried by unanimous vote. CITY CLERK STRATTON read the bids for library shelving: Long Cabinet Company, $1,202.34 inc. tax; M & F Cabinet Co. $1,741.00 inc. tax, Tweed & Gambrell Planing Mill, $2,238.00 plus tax; American Bar Construc- tion..Co., $2,054.47, inc. tax; and Azter Cabinet Co., $1,672.32 inc. tax, CITY MANAGER HESS recommended prior to awarding of the bid the bids be submitted to the Director of Public Housing for review and recommendation. Moved by Hart, seconded by Morgan, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported both bidders for Police and Fire Radio sub- mitted bids on equipment they had available and did not meet all speci- fications. He requested authority be given to him to advertise for new bids. Moved by Morgan, seconded by Colburn, the request be granted. Carried by unanimous vote. A communication from the County Board of Supervisors regarding the appointment of an advisory committee to study the advisability of adopting an ordinance to control lot grading in connection with land development was presented. Moved by Allen, seconded by Colburn, the Mayor be authorized to make an appointment to the committee. Carried by unanimous vote. The minutes of the regular meeting of the Board of Directors of the South Bay Irrigation District on March 5, 1963, were presented and ordered filed by unanimous vote. A request from the United Missionary Army for a free business license and the City Treasurer's report recommending it be denied was presented. 4-2-63 356 Moved by Morgan, seconded by Alien, the City Treasurer's recommendation be approved. Carried by unanimous vote. A communication from Mrs. Wendell L. Miller requesting a street light and street marker on the north end of North Drexel Street was presented. Moved by Morgan, seconded -by Hart, the City Manager and the Director of Public Works be authorized to inspect and make a report back to the Council-. Carried by unanimous vote. A communication from the National City Kiwanis Club opposing the relaxa- tion of the present fireworks ordinance was presented. Moved by Allen, seconded by Hart, to back them in their request. Carried by unanimous vote. A request from T. S. Runcorn for a refund of $25 performance bond was presented. Moved by Colburn., seconded by Hart, to approve the refund and order'warrant drawn for same. Carried, by the following vote to - wit: Ayes.: Alien.,•Colburn, Hart, Morgan., Gautereaux. Nays: None. A communication from the Foodmaker regarding the drain on the northeast corner -of 16th and National was presented. Moved:by Allen, seconded by Colburn, it be referred to the City 'Engineer and the City Manager. Carried by unanimous vote. A copy of a communication to Assemblyman Nicholas C. Petris from the National City Chamber of Commerce opposing AB 1015 and supporting SB 442 was presented and ordered filed by unanimous vote. A communication from the San Diego Taxpayers Association to the San Diego Unified Port District regarding revenue bond issue was presented. Moved by Morgan., seconded by Hart, to concur with the San Diego Tax- payers Association and the City Attorney get a copy of the bill and have it referred to each Councilman for the preparation of a resolution. The City Attorney read a communication from John Leppert, Chairman of the' San Diego Taxpayers Association stating they have modified their position on the revision of Section 51. Carried by unanimous vote-. CITY MANAGER HESS stated he had received another communication from the same interested person in regard to the purchase of the 1/3 acre at the corner of Fourth and Palm in which he increased his offer which still does not meet the $50,000 minimum price set by the Council. The City Manager suggested going to bid on the property. Moved by Morgan, seconded by Hart., to go along with the City Manager's recommendation and set a minimum price of $50,000 on the 1/3 acre, a minimum price of $90,000 on the entire 1.4 acre corner. Motion lost by the following vote: Ayes: Hart., Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded by Colburn, to accept the present written offer of $49,500 as the minimum bid and accept the terms of the offer and that 4-2-63 357 we go to auction on a date set by the City Clerk with the legal descrip- tion and the advertising drawn by the City Attorney and approval of the City Manager, and in the case of a person wanting the entire amount of the property, we set a minimum figure of $90,000. The offer of $49,500 is not a bid. This is an offer acceptable to the City as a minimum bid and it will be put to auction. Anyone else will have the privilege of purchasing this property by paying 10% more than the minimum offer set and in the case of bid on the full amount of the property rather than on the corner only, this be considered top bid. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. Moved by Allen, seconded by Colburn, the date of the auction be April 16# and will be the first item on the agenda before Referrals and that it be advertised in the National City Star -News on April 7th and llth and in the San Diego paper on the first available date, preferably a Sunday, and the City Manager be authorized to work with the City Attorney on the wording of the notice. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS stated he has received a communication from the Chief of Police requesting the ninety day temporary appointment of Robert Dunne as an animal control officer be extended for an additional ninety days due to the rabies quarantine, Moved by Morgan, seconded by Colburn, the ninety day extension be granted. Carried by unanimous vote. Moved by Allen, seconded by Gautereaux, the Civil Service Com- mission be instructed by the City Manager to hold an examination for humane officer so there will be a list for humane officers available. Mrs. Richards inquired if this would mean service after 4:30 and on Saturdays. City Manager Hess stated that is available now and has been except for a short time when the humane officer was hospitalized. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER HESS stated the crosswalk in front of the Post Office terminates in a driveway of La Vista Apartments. Moved by Colburn, seconded by Gautereaux, the matter of placing the crosswalk be referred to the Traffic Safety Committee for recommendation. Carried by unanimous vote, CITY MANAGER HESS stated in regard to the painting of city owned vehi- cles, it would be his recommendation to continue using Omaha Orange and Caterpillar Yellow, because of the safety factor, and new equipment be painted Caterpillar Yellow. Moved by Colburn, seconded by Alien, to approve the City Manager's recommendation. Carried by unanimous vote. 4-2-63 358 CITY MANAGER HESS reported Ed Reid, Band Director of National City Junior High School, has advised him calendars are to be sold as a fund raising activity. The calendars will list dates important to National City and Council meetings can be listed at a cost of $13.00. Moved by Colburn, seconded by Allen, the City Manager be given authority to make the expenditure. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of a communication from the League of California Cities enclosing a comprehensive booklet, "Federal Aids to Local Governments" which will be maintained in his office. CITY MANAGER HESS stated in regard to the 200 bed emergency OCD hospi- tal, there is no available space in City owned buildings for storage, but Deputy Director of Civil Defense DeHaven has been in contact with Mr. Colvin of the National School District and there is space in the Kimball School basement. City Manager Hess recommended the Council give him authority to determine whether or not they will grant the City permission to use the space and to contact the California Disaster Office to see if the space is acceptable to them for storing the emer- gency hospital. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated he has received a liability policy from the California Wood Products Corporation and recommended it be referred to the City Attorney. Moved by Hart, seconded by Morgan, the City Mana- ger's recommendation be approved. Carried by unanimous vote. CITY CLERK STRATTON reported she had received detailed information from the former city attorney in regard to the costs to the City in the suits against the California Water and Telephone Company and has turned the information over to the City Attorney. CITY CLERK STRATTON read a communication from Senator Clair Engle, acknowledging receipt of the Resolution commending Captain Felling, USN. Ordered filed by unanimous vote. CITY CLERK STRATTON read a communication from Senator Thomas Kuchel acknowledging receipt of the Resolution commending Captain Felling, USN. Ordered filed by unanimous vote. CITY CLERK STRATTON read a communication from Assemblyman James R. Mills acknowledging receipt of Resolution No. 8326 which was ordered filed by unanimous vote. CITY ENGINEER FOSTER reported traffic signals on Highland, Eighth, Fourth and Eighteenth Streets have been synchronized and there may be a few minor adjustments needed but the system appears to be working well. 4-2-63 359 DIRECTOR OF PLANNING STOCKMAN stated in regard to the report made at the last Council meeting on the Division of the State into Regional Planning Districts, the Planning Commission authorized the Director of Planning to advise the State Committee to defer the division until addi- tional studies can be made by local groups. No recommendation was made to the Council, DIRECTOR OF PLANNING STOCKMAN read a report on petitions requesting a continuation of the Sanitary Landfill between National Avenue and "D" Avenue, between 27th Street and 30th Street. The petition is signed by 53.3% of the property owners and since this is a policy matter, the City Council must decide whether this is a sufficient majority to com- mence action to continue the landfill and recommended the petition to the San Diego County Board of Supervisors be forwarded to them with the Council's action. Moved by Morgan, seconded by Colburn, to con- tinue the landfill, to refer the legal problem to the City Attorney, and the drainage problem to the City Bngineer, drainage to be paid by the County. Carried by unanimous vote. Moved by Morgan, seconded by Hart, to close the meeting. The meeting closed at 4:45 p.m. ATTEST: CITY CLERK R, CITY OF NATI'ONAL CITY, CALIFORNIA 4-2-63