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HomeMy WebLinkAbout1963 05-28 CC MIN420 National City, California, May 28, 1963 Regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members oresent: Allen, Colburn, Morgan, Gautereaux, Absent: Hart, ADMINISTRATIVE OFFICIALS present: Carstens, Foster, B. 3. Gautereaux, Hergert, Hess, Osburn, Stockman, Stratton. The meeting was opened with salute to the Flag by City Manager Hess, followed with invocation by Bishop Samuel Meeks of the Church of the Latter Day Saints. COUNCIL IAN HART arrived. Moved by Allen, seconded by Colburn, the minutes of the regular meeting of May 21, 1963, be approved. Carried by unanimous vote. RESOLUTION NO. 8392, "RESOLUTION ESTABLISHING CIVIC CENTER FUND", was read. Moved by Colburn, seconded by Allen, the Resolution be adopted. COUNCILMEN HART and MORGAN stated they were against the motion as part of the money from sale of city -owned property should be used for street improvement. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO. 8393, "RESOLUTION TRANSFERRING FUNDS TO SEWER SERVICE REVENUE FUND", was read. Moved by Allen, seconded by Colburn, the Resolution be adooted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO. 8394, "RESOLUTE N AMENDING RESOLUTION NO. 8270 PER DIEM WAGE SCALE", was read. Moved by Morgan, seconded by Allen, the Resolu- tion be adooted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8395, "RESOLUTION OPPOSING CALIFORNIA AS,EoBLY BILL 2571", was read. Moved by Morgan, seconded by Alien, the Resolution be adopted. Carried, by the following vote to-vit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8396, "RESOLUTION SUPPORTING CALIFORNIA ASSEMBLY BILL 661" was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8397, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AND SUBv.ITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHPAY FUND TO CITIES", 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. 5-2f-63 421 ORDINANCE NO. , an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City, California, was presented for the second and final reading. Moved by Allen, seconded by Hart, the reading of the ordinance be waived and the ordinance adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO. 1070, teAN ORDINANCE Al:'ENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA". 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 reported he attended the pre-trial hearing, Baker vs Cagle, in regard to overtime pay for police in lieu of compen- sating time off. The judge agreed to render an opinion if briefs are submitted by each side; the opinion will probably be given in about two weeks. At that time, the police will probably submit a firm offer for settlement. CITY ATTORNEY CARSTENS stated he has not received an answer from the contractor's attorney in regard to the distillate oil allegedly taken from housing units and sold by the contractor demolishing the buildings and asked what action the Council desired to take. Mayor Gautereaux stated the City should be compensated for the oil taken. Moved by Alien, seconded by Colburn, it be deferred for one week with the pos- sibility of the two attorneys getting together and if nothing else hap-! pens other action be taken. Carried by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Abstaining: Morgan. Moved by Alien, seconded by Hart, the City Manager report how many tanks of oil were emptied by Mr. Pepper for the contractor. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Abstaining: Morgan. CONTINUED HEARING ON THE PROPOSED ANNEXATION OF LOWER SWEETWATER LOCAL FIRE DISTRICT NO. 1 was held at this time. CITY CLERK STRATTON read written protests from Ralph J. and Alice A. Combs, Charles D. and Maud A. Lazear, and B. Bill Murad. City Clerk Stratton reported receipt of twelve petitions signed by 339 property owners within the proposed annexation requesting the City Council to hold an election. City Clerk Stratton stated she received fourteen petitions of protest as she entered the Council Chambers and has not had an opportunity to verify the petitions and suggested to the Council the hearing be closed and the petitions referred to the proper officials to check and make a report to the Council next Tuesday. MAYOR GAUTEREAUX invited anyone present who wished to speak in regard to the proposed annexation to come forward and stated 8:00 p.,::., was the deadline for filing written 5-28-63 422 protests and none could be accepted now. DIRECTOR OF PLANNING STOCKMAN stated she has seen the grant deed and verified the property in the name of K. and Y. Yuyetti and S. S. Yuyetti and so recorded at the County Assessor's office is now in the hands of Perry and Ruth Asherton and Norman G. and Beulah B. Lundquin and they have the right to protest if so desired. Mrs. Florence Allen, 3131 Alta Drive, was present and stated she had two petitions and one letter which were not turned in on time and asked if they would be accepted. Mayor Gautereaux stated they could not be as 8:00 p.m. was the deadline. John Bowlin, 2727 Prospect Street, was present and inquired if the decision was to be a closed decision or if persons protesting would have a chance to be heard. Mayor Gautereaux stated when the petitions are verified it will be made public. Moved by Colburn, seconded by Allen, the hearing be closed and the recommendation of the City Clerk be approved and referred to the Director of Planning, City Clerk, and the City Attorney. Carried by unanimous vote. Mrs. Robert Richards, 1411 E. 16th Street, was present and stated the use of funds from the sale of city -owned property is wrong and the funds should be used for improvement of streets. Roy Smith, 910 "N" Avenue, representing the National City Home Protec- tive League, Inc. was present and read a report on the general devel- opment plan for National City with specific reference to Public Law 560, Section 701, Urban Planning and Assistance Act of 1954. COUNCILMAN MORGAN stated in regard to the contract for sewer onWilson Avenue the City was supposed to get the dirt not needed as fill dirt. He said he had asked one of the workers on the site about the dirt and was told he could purchase some if he desired and asked if the City is getting its share of the dirt under the terms of the contract. City Manager Hess reported he has been in contact with the contractor, C.K.F.11e. and they and their sub -contractors are hauling the dirt to an area southwest of 24th and Coolidge and some has gone in behind the Public Works Building. He also stated C.K.F.M. has had to purchase some fill dirt to use on the project. City Engineer Foster stated his department has been watching it closely and feels the dirt is going where it belongs. Mayor Gautereaux stated perhaps the contractor should be watched but his feeling is the City is getting everything to which it is entitled and the contractor has been extremely cooperative in all way COUNCILMAN MORGAN stated used lumber is still being -used on improve- ments to the Public Works Building and he thinks it is destroying the value of the building. Mayor Gautereaux stated it was in the best interest of the people to use the material. 5-28-63 423 MAYOR GAUT REAUX announced Dr. Leiffer, San Diego State University, has reserved seat tickets for the Councilmen who wish to attend the gradu- ation, June 6th, at which time President Kennedy will be the speaker. MAYOR GAUTi3REAUX reported the primary objective of the committee to select a site for the civic center has been accomplished. He stated he met with the committee yesterday and thanked them for the job accom- plished and indicated he would like to have any of them serve on a new 10 to 15 member committee, a citizens advisory committee for obtaining a civic center. Mr. Finnerty, Mrs. Johnson, and Mr. Comacho stated they would be willing to serve on the new committee and Mayor Gautereaux requested permission to establish the committee. Moved by Allen, sec- onded by Colburn, the Mayor's request be granted and a committee formed to work on the civic center and to get people out to the meetings. Carried by unanimous vote. CITY MANTAGPR HESS reported in regard to cleaning of rocks and trash from the city -owned lot near First and Melrose, this particular piece of land was designated as a nursery site some time ago, and with the advent of the new proposed golf at Las Palmas Park, nursery stock will be moved to that location and recommended the land be reserved for use as a nursery. Moved by Hart, seconded by Morgan, the land be reserved for a nursery and until it is used for such, the children be allowed to play on it. Carried by unanimous vote. A communication from the United States Committee for the United Nations in regard to the appointment of a committee for UN Day was presented and ordered filed by unanimous vote. A communication from C. Lloyd Loftus, Mayor, City of El Cajon, in regard to the tax policy for the next fiscal year was presented. Moved by Allen, seconded by Morgan, the letter be acknowledged by Mayor Gautereaux and filed. Carried by unanimous vote. MINUTES of the Real Estate Committee meeting of May 17, 1963, were pre- sented and ordered filed by unanimous vote. A request for refund of $25 performance bond by H. H. Hunter, 2504 "D" Avenue, was presented. Moved by Allen, seconded by Colburn, the request be approved and warrant ordered drawn. Carried by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. A copy of a communication from the Automobile Club of Southern Califor- nia to Noel Porter, President, League of California Cities and S. Wesley Break, President, County Supervisors Association in regard to S:3 344 was presented and ordered filed by unanimous vote. 5-28-63 424 MINUTES of the Civil Service Commission meeting of May l5th were pre- sented and ordered filed by unanimous vote. CITY MANAGER HESS announced a meeting of the Finance Committee will be held May 29th at 3:00 p.m. CITY MANAGER tant Qsburn, ment for the day an offer for a week's posal. City agreement be HESS reported City Attorney Carstens, Administrative Assis- Mr. Gaulding and himself met in regard to a lease agree - proposed golf course in Las Palmas Park. However, the same from another developer was received along with a request period to ascertain the feasibility of submitting a pro - Manager Hess recommended the tentative contract and lease held over for one week until the second proposal is received. Moved by Morgan, seconded by Colburn, the City Manager's recom mendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated four employees are eligible for step increases as of June 1st and all have been approved by the department heads and are as follows: Merrill Stamper, Robert Montijo, Ione Minogue and Fred Baker. Moved by Allen, seconded by Colburn, the step increases be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS presented a telegram dated May 27th, addressed to the City Council to his attention from Robert C. Cozzens, Chairman, Board of Supervisors, asking the Council to re -state their support of SE 344 with telegrams to all County Assemblymen and Senator Schrade. Moved by Allen, seconded by Gautereaux, the request be approved and telegrams be sent to all the Assemblymen and Senator Schrade. Carried by unanimous vote. CITY MANAGER HESS read a letter of invitation to the Second Annual Luau of the S. D. County Unit of Judges, Marshals and Constables, to be held Saturday, July 27th at the home of Janes Chenewith, 2328 E. 6th Street, and a request for use of city -owned tables and chairs on a rent free basis. City Manager Hess recommended the tables and chairs be rented tg the group for a $1.00 fee on condition they pick up and return them. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. C0UNCILMAN COLBURN dis- tributed free tickets to the luau to the councilmen who will attend. CITY MANAGER HESS reported he has received a request from David Jones, 2036 Sweetwater Road, to connect a commercial building at 2038 Sweetwater Road to the National City sewer. The City Manager recommended this be handled the same as the request from. Slepko and the hook-up be permitted on the basis of a double fee. Moved by Allen, seconded by Hart, the City Manager's recommendation be approved. Carried by unanimous vote. 5-28-63 425 CITY MANAGER HESS read a letter from Virl Nuttall, Chairman, Maytime Band Review, conveying the thanks of the Committee and the Chamber of Commerce to the Mayor and City Council for their support. Mayor Gautereaux recommended a resolution be adopted officially thanking the Committee and the Chamber for the Maytime Band Review. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS read a communication from John Bates, San Diego Uni- fied Port District, dated May 17th, in regard to the land north of 19th Street which has been researched by the Port District as to whether or not it would come under their authority or remain under National City, and their attorney's legal opinion. City Manager Hess recommended the communication be referred to the City Attorney for his opinion and if in his opinion the Port District Attorney's opinion is correct, based on the suit between National City and the U. S. Navy, we will take action. Moved by Morgan, seconded by Colburn, the City Manager's request be approved and a copy of the communication from John Bates be given to each member of the Council. Carried by unanimous vote. CITY CLERK STRATTON read a communication from Assemblyman Richard J. Donovan in regard to Resolution 8374, "Opposing Enabling Legislation for Public Ownership of Transit System at the Present Time." Ordered filed by unanimous vote. A communication from Senator Jack Schrade in regard to SB 344 was read by City Clerk Stratton and ordered filed by unanimous vote. CITY CLERK STRATTON read a communication from Assemblyman Hale Ashcraft acknowledging receipt of Resolution No. 8374 which was ordered filed by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the recommendation of the Planning Commission for zoning between "A" and "C" Avenues south of 24th Street and the city -owned land between Highland and "A" Avenues between 21st and 24th Streets. Mayor Gautereaux stated the Planning Commission has missed the point; what the Council wanted was for the Planning Commission to make an over-all plan without consideration of any particular request made by one businessman. Moved by Alien, seconded by Colburn, it be referred back to the Planning Commission for complete zoning and land use proposal for the entire portions of that property east of National Avenue which is Part of the old Olivewood Housing that is city -owned. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. DIRECTOR OF PLANNING STOCKMAN reported she had checked with the San Diego Planning Department in regard to oversized driveways and off-street 5-28-63 426 parking. National City Ordinance is more restrictive than San Diego and they have requested copies of our ordinance for their guidance. Director of Planning Stockman recommended we continue to operate under the present ordinance with closer scrutiny of applications for over- sized driveways before approval by City Council and the Planning Commis- sion consider better restrictions on multiple usage in National City requiring more open space, with better provision for off-street parking. Moved by Morgan, seconded by Colburn, the Director of Planning's recom- mendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated she would prepare a report to be on the agenda next week in regard to the General Plan for National City for consideration by the Council. She further stated it is not Public Law 701, as submitted in the N. C. Home Protective League report, but is Section 701 of the Housing Act of 1954. Roy Smith, 910 ”N» Avenue, stated an error was made in typing the report of the Home Protective League; it should read $2.10 x 40,000. E. H. Alsdorf, 2105 "J" Avenue, was present, and stated he heard the remodeled Abalee Theater, to open soon as the Paris Theater, is to be a burlesque theater, and he would like to register a protest. Moved by Morgan, seconded by Colburn, the City Manager be authorized to investi- gate the anticipated use of the theater and report to the Council next week. Mrs. Mary Hill, 2747 Melrose, was present and thanked the Council. Frank Schnell, 1428 McKinley, was present in regard to the sale of land west of the new freeway. It was determined the land in question is owned by the State and not by the City. Moved by Morgan, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:27 p.m. ATTEST: 41, CITY CLERK 5-28-63