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HomeMy WebLinkAbout1963 08-27 CC MIN60 National City, California, August 27, 1963 Regular meeting of the City Council was called to order at 7:33 p.m. by Mayor Gautereaux. Council members present: Alien, Coiburn, riorgan, Gautereaux. Absent: Hart. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Hess, Osburn, Ruehle, Stockman, Stratton. The meeting was opened with salute to the Flan by City Manager Hess, followed with invocation by )ishop Samuel Meeks, Church of Jesus Christ of the Latter Day Saints. Moved by Colburn, seconded by Allen, the MINUTES of the regular meeting of August 20, 1963, be approved. Carried, by the following vote to - wit: Ayes: Allen, Colburn, Gautereaux. Nays: None. Abstaining: Morgan. Absent: Hart. CITY ATTORNEY CA„STLi1S requested the reading of Resolutions be de- ferred until after the hearing scheduled for 3:00 p.m. and the Council considered the application for zone variance under unfinished business. CITY ATTORNEY CARSTENS stated the Director of Planning requested an opinion in regard to the interpretation of Government Code, Sec. 135134, and the Resolution which the Council adopted pursuant to the Code Section; whether or not a petition for annexation for any of the area within the territory which was the subject of the recent election may be accepted by the Council within one year. The Government Code states that no petition shall ire filed for the same territory within one year and it is a question of whether that applies only to inhabited annexations or includes also uninhabited. In 1954 there was an opinion of the ^ttorney General on facts almost identical to ours which says it is proper and all right to go ahead and accept petitions for an un- inhabited annexation, even though there has been an election within the past year. This section applies only to uninhabited annexations. We also checked with other localities in the area and found their opin- ion is the same. However, there is one case on the different section which indicates this may not „e proper; within the last few years there was an actual case in National City where the previous City Attorney ruled it was proper. Un the authority of the Attorney General we could say it is okay. There is no reported decision of any court case which says it is okay. Moved by Allen, seconded by Colburn, to proceed with annexations until we are stopped. (COUNCILMAN HAhT arrived and took his place at the meeting) Mayor Gautereaux asked if there is any recent information from the Attorney General's office. City Attorney Carstens stated it was a 1954 opinion and the Code has been amended since then - to make it appear even more definite that is what the Legislature meant; but there is still some ambiTity and one alternative would be 3/27/63 61 to request a new Attorney General opinion under the present Code sec- tion. Mayor Gautereaux requested it be included in the remotion. Vice Mayor Allen stated he agrees with the Mayor but stated there are less than thirty days left before another piece of legislation takes effect which prevents any and all annexations except through a five man com- mission esta_lished in San Diego County and he thinks we should con- tinue until we are stopped and then worry a=.out an opinion. He stated we would in effect be telling these people to wait another week, and another week and you can't get them through in that time. Mayor Gautereaux said the motion is to continue with annexations _ut at the same time have the City Attorney request an opinion to facilitate the annexations. Vice Mayor Allen stated he +,ould make a separate motion. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: done. Abstaining: Hart. Moved by Allen, seconded by Morgan, the City Attorney ascertain from the Attorney General if there has been any change in this particular field. Carried, by the followin:,; vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Abstaining: Hart. WARtEO MILLER, 305 East 29 Street, was present and inquired what is being done about the Duck Pond landfill as he has not heard anything recently. Mayor Gautereaux stated the City Manager was directed to attempt to negotiate for the purchase of land from those parties who opposed it and would be affected by it and we have not had the report yet. Mr. .filler said he read it would be fifty years :before the fill could be ill on, and if this is true a road could be built with hill- side residences above. CITY MANAGER HESS stated much of the discussion in regard to the Duck Pond has been academic because the Council, those persons who are for it and those against it, were speaking in terms of handling the situation without consultation with the County. e do not know whether they are amenable to continuing the sanitary fill. Two weeks ago the County Joard of Supervisors took it under consideration and referred it to on of their a dropriate department heads, but to date tie have not received their report anddo not know exactly to what degree the County will participate. Vice Mayor Allen said homes are being built on fill and it does' nt take any fifteen years; many are built on within weeks. VICE MAYOR ALLEN stated in Mayor Gautereaux's name and on behalf of the City he presented a certificate to Miss Annetta James for services rendered to the City and she wished to express how surprised and pleased she was to receive it. Moved by Allen, seconded by Morgan, the City Manager direct a letter to the Chief of Police complimenting i ESERVE OFFICERS on their work 8/27/63 62 and the amount of hours they put in and the manner in which they con- ducted the entire baseball tournament, parking and crowd control. Carried by unanimous vote. VICE MAYOR ALLEN stated he received a telephone call that the TECATE REa CROSS is very much in need of an old refrigerator to keep medical supplies and requested the press give it some notice, and anyone interested can contact the City Manager. The Tecate Red Cross also needs any type of metal utensils that can be used to hold hot water for operating periods, instruments, etc. VICE MAYON; ALLEM stated the Les •Shons,a girls club, is going to have a car wash at Palrn and Plaza, August 31st, donation )9. MAYOR GALT .i:EAUX noted two former employees, Hr. and Mrs. Paul Jussey, in the audience and welcomed then. MAYOR GAI TEREAUX stated the City has just finished the two Oony League Tournaments in which we hosted the reional and divisional tournaments in the City and from which much fine ;:•ubl i ci ty has come a out in bring- ing an enhancement of the posture of our community. There were many visitors to our City who have seen our City and who have visited with us during the Tournament play. .`e are real happy to have had a part in sending off the City of Canoga as the Western States Champion to Washington, Pennsylvenia, to play in the World Series. Mayor Gautereaux stated the City can He proed in the facilities that we have, the num er of compliments received during the tournament 11 outside guests, tournament directors and people of our own community that are interested in this field of endeavor. MAYOR G, .I.TOREAUX stated he would iike to congratulate Mr. Horgan, his colleague on the Council, the Tournament Director, for the tremendous job he did in handing this and Lehind him the most capable one, Hrs. Morgan, and ;_arney Melillo, the assistant to Mr. Horgan, firs. +del t i lo, our city employees, our Park and Recreation Advisory aoard, the fine people who housed these youngsters for the period of time they were in the City. Moved y Gautereaux, seconded by Hart, a Resolution ee aJopted acknowledging and congratulating these people who did such an outstanding job on behalf of the City of flational City. Councilman Horgan stated he woulel like to see the names of other people who helped included. Mayor Gautereaux stated he would esk that Councilman Morgan assist in the preparation of the `resolution to include all who should ;:e named. Carried Py unanimous vote. MAYOR GAtTEREAVX stated he has received names of individuals who have indicate they would like to serve on committees and with the ap,. roval of the Council, he would like to appoint Kay Jurado,247 East 5th St., to serve on the 'Advisory Committee for Youth Employment. Moved by 3/27/63 63 Allen, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. Mayor Gautereaux stated with the approval of the Council he would like to appoint to the Tri-City (Sister City) Project Committee: Mr. and Cars. 3ud Murphy, 1619 C Avenue; Jean Murphy, 1623 C Avenue; Mrs..Jerry Oliver, 2>05 N .venue; Mrs. 3eulah Xander, 1345 East l6th Street; and Mr. and Mrs. Manuel Jurado, 247 East 5th Street. Moved by Colburn, seconded by Allen, the Mayor's re- commendation approved. Carried by unanimous vote. Mayor Gautereaux recommended the appointment to the ~Advisory Committee on ;Human Relations the following: Rev. Raymond Keeble, 421 „achael; Mrs. 'euiah Xander, 1345 E. 1Gth Street; Mrs. Jean Murphy, 1623 C Avenue; Mr. and Mrs. 3ud Murphy, 1619 C Avenue; ter. and Mrs.ApA:,,r•AJWIll.tqllorplikA e v 'Edgerton Wa Mr. and sirs. Manuel Jurado, 247 East 5th Street/. Moved by Colburn, seconded by Allen, the Mayor's recommendation .e approved. Councilman Morgan stated he believes the Committee will create more problems than it will cure. Carried, by the following vote to -wit: Ayes: Alien, Col urn, Gautereaux. Hays: Hart, Morgan. CITY CLERK STRAATTON stated she has the Affidavit of Publication of Notice of Filing Assessment on Plaza z3oulevard. Moved €y Allen, se- conded by Colburn, the notice be accepted and filed. Carried by unanimous vote. COUNCILM/f elORGAN stated the Port Commissioner is present and he would like to state when the dedication for the bulk loader was held at the Tenth Street Terminal and the students were present, he would not like to think the taxpayers were paying for the drinks that were served. HEARIiNG O!H? THE ASSESSMENT OF PLAZA 3OULEVA:D (Plaza :3oulevard Sta. 17+01.99 to ''i l i lams Manor, Unit No. 4) was held at this time. City Clerk Stratton reported she has received no written protests and asked if there was anyone present in the audience in this regard. Moved by Allen, seconded by Colburn, as no one approached the microphone, the hearing be closed and it be referred to the City Attorney for comple- tion of this 1)11 :ect. Carried by unanimous vote. RESOLUTION HU. 8443, "RESOLUTION CO'FFIRMING ASSESSMENT (Plaza Boulevard Sta. 17+01.99 to Williams Manor, Unit do. 4)" was read. Moved by Morgan, seconded by Colburn, the Resoiution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Co h urn, Hart, Morgan, Gautereaux. Nays: !done. HEA,'Ifla OP! THE L.O.ia:CHANGE REeU STEO 3Y THE NATIONAL SCHOOL DISTRICT was held at this time. City Clerk Stratton reported she has received no written protests and asked if there was anyone present in the audi- ence in this regard. Councilman Morgan inquired what change was in- volved. Director of Manning Stockman stated at the northwest corner 3/27/63 64 of Eighteenth and Highland they are selling off 150 feet; 125 feet is zoned to C-3A and they are merely asking for additional C-3A zoning on the most westerly 25 feet. Moved by Allen, seconded by Hart, as no one approached the microphone, the hearing closed and the variance be granted. Carried by unanimous vote. APPLICATION FOR ZONE VARIANCE ii0. Z-25 si ned by Kendrick, 'Maurer 5. Smith, Inc. on behalf of James 1hite Oi1 Company was presented. Direc- tor of Planning Stockman rea the Planning Commission recommendation to allow the variance for a sign not to exceed 150 square feet in aggre- gate area subject to the four conditions listed in their communication of July 26th. Proved by Allen, seconded by Colburn, the Planning' Commission's recommendation be approved. Carried by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. The City Engineer's report on FIRE HYDRANTS Ai:R) POtili_R POLES OW HIGHLAND AVENUE was presented. Moved by Alien, seconded ey Hart, the report be approved and filed. Councilman Morgan stated there is a ten foot set- back requirement on Highland Avenue for new construction and he be- lieves the Planning Commission should study the situation and come up with a proposal to force the grade the pedestrians walk on. Councilman Hart stated he is not in favor of residents on Highland Avenue going to the added expense of widening the sidewalks. Mayor Gautereaux stated Councilman Morgan's idea has merit L'ut is not relevant to the motion. Carried by unanimous vote. Moved by Morgan, seconded by Allen, the problem of grading of sidewalks in relation to the set back required on Highland Avenue <Je referred to the Planning Commission for a recommendation. Carried, by the follow- ing vote to -wit: Ayes: Alien, Morgan, Gautereaux. Nays: Colburn, Hart. RESOLUTION NO. 8444, "RESOLUTION GRANTING LO L VARIANCE PURSUANT TO OF: rLi'ANCES NO. 962 AND 981 (James White Oil Co. - Fourth and Palm)," was read. Moved by Colburn, seconded by Alien, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Mays: Hart, Morgan. CITY MANAEk HESS stated in regard to YOUTH EMPL..iYMENT FOR \ ELU AJAT£- MFNT the Youth Employment Service was contacted and five teen agers have been employed under irect suPervision of a temporary employee under the Director of Parks. The program will lest until school starts and will be continued if there should be a potentiality of carrying it out after school has started; it will ;e worked out with the school officials and the Youth Employment Service. Moved by Allen, seconded by Colburn, the City Manager's report be approved. Carried by unanimous vote. 8/23/63 65 PORT COMMISSION'iL RUEHLE left the Chamber. CITY MANAGER HESS reported in regard to the PROPOS_J SIGN FOR THE GOLF PRO S::OP IN L:' S P/ LM ,S PARK the proposal has not been received from G-M-U, Inc. developer, and recommended the item be held over until it is. Moved by Morgan, seconded by Allen, the City Manager's recommenda- tion be approved. Carried by unanimous vote. AN APPLICATION FOR R .FUNO OF` $25.00 PERFORMANCE ..ONO by Alex Gonzalez, 223 `est 10th Street, was presented. Moved by Allen, seconded by Colburn, the request be approved and the necessary officers issue the warrant. Carried, by the Fotlowine vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. THE PMli HUTES OF THE CIVIL S .RVICL COMMISSION MEETING of August 2l st were presented. Moved by Allen, seconded by Colburn, the minutes be accep- ted and filed, and also the recommendation of the Civil Service Com- mission to adopt the new Civil Service Ordinance and its rules with the corrections as corrected by the Civil Service Commission and the other ordinance accompanying it in the sane folder in regard to appointed employees, and that it be referred to the City Attorney to draw up the ordinance with the correcti xis as recommended ..y the Civil Service Com- mission. Councilman Morgan stated he believes the proposed ordinance places too much authority in the hands of the City Manager and takes it away from the Council, also he objects to the length of time after an election before action can ee taken to remove either the City Mana- ger or Attorney. Carried by the following vote to -wit: Ayes: Allen, Col urn, Gautereaux. Nays: Hart, Morgan. CITY MANAGER HESS reported the DIRECTOR OF RECRLATIOU has invited the Mayor and mem.:ers of the City Council to attend the end of the summer Aqua Varieties display at Las Palmas Pool, Friday, August 30, 1963, at u �:30 p.m. The City Manager reportee a comeunication was received from COUNCIL Or L,ATIN-AMERICAN CLU S concerning their coronation ball to be held on August 31, 1963, at the Caribbean Room of El Cortez Hotel, 9:00 p.m. to 1:00 a.m„ donati.lis $1.50 CITY MANAGER HESS reported a survey i.)y the Director of Pu l is 'Yorks and the City Engin:er in regard to re -coating certain streets in the City and a slurry seal has been suggested. There are about thirty-seven blocks involved or 700,000 square feet; these are relatively new streets where the sub -base is concrete and some cracks have developed. efore inclement weather, with moisture seepage into the cracks, it is recommended authority be ,ranted to the City Manager's office to go to bid for 700,000 square feet of slurry seal to be opp 1 i ed sometime U/27/63 66 during the month of October. Moved by Morgan, seconded by Hart, the City Manager's recommendation :..e approved. Carried by unanimous vote. CITY MANAGEk HESS recommended a meeting of the FINANCE COMMITTEE be held prior to the next Council meeting. Councilman Colburn, Chairman of the Committee, set the time of the meeting for 4:00 p.m., Wednesday, August 23, 1963. CITY MANAGER HESS recommended a meeting of the REAL ESTATE COMMITTEE be called to discuss an inquiry from Charles Anderson who is interested in purchasing city lots 13 throu.h 20 in the vicinity of 'Nest Avenue. Councilman Morgan, Chairman of the Real Estate Committee, set the time for the meeting at 10:00 a.m., Friday, August 30, 1963. CITY MANAGE ; HESS stated a suggestion fro.:i one of the boxes maintained by the Eagles Club has been forwarded to him; it is from H. L. Scott, 1602 Gamma Street, National City, recommending a traffic light be in- stalled at the corner of Fourth and Palm. City Manager Mess recommended it be referred to the Traffic Safety Committee. Moved ::y Allen, se- cowded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. PORT CO HISSIOi LR ..l.EHLL returned. CITY MANma k HESS reported two resolutions ;prepared by the National City Chamber of Commerce: (1) The San Diego Unified Port District assume the responsiaility of investigating the freight rates to the San Diego area and make every effort to equalize these freight rates with other major port cities of the Pacific Coast and (2) the International Joun- dary and Water Commission, the Army Corps. of Engineers adopt the Tijuana River bed as the location for the proposed flood control channel. The City Manager recommended the City of rational City pre- pare similar nsesolutions to be forwarded to the proper authorities. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. Vice Mayor Allen stated he would like to have the name of the Rivers and Harbors Congress included :.s a recipient of our resolution. Mayor Gautereaux said the request wou l d ;_:e granted. CITY MANAGL:. HESS stated Live employees are eligible for step increases, under the Wage purvey adopted by the Council, and their department heads have recommended the increase be granted: Erminia Valdez, secretary, to Step C; Pauline `:estbrook, secretary, to Step a; Maude Smith, secre- tary, to Step C; Patrolman Raymond Duke to Step E; Clerk -Matron Carol <'ove to Step D. City Manager Hess recommended the step increases Pe approved. Moved ey Allen, seconded by Hart, the step increases be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 3/27 /6 3 67 CITY IWAGeR HESS stated insurance policy AW 467505 which cancels seve- ral other pot i ci es has �,aeen reviewed .,y the City Managers office and the City fttorney. . City Manager ,-less recommended that policy AW 467505 e accepted and filed and the City Clerk cancel the existing ,oticies replaced by the nee policy. The cancellation is necessary to allow the City to receive a su:stantial refund on the above policies; the new policy will save money on annual premiums and will be easier to a'minister and has the same coverage. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved and the City Clerk be so instructed. Carried ''ey unanimous vote. CITY MANAGE:, HESS reported ceri tificates of insurance for workmens' compensation, genet -el liability and excess liability for earl E. Crawford dba rice Ambulance Service, 1104 Roosevelt Avenue, have been rec.ived and reviewed by the City Manager's office as well as the City Attorney and ineicate the iesured has the coverage needed under Ordi- nance Ho. 1003 and recommended they be filed with the City Clerk* Moved by Morgan, seconded by Colburn, the City *Manager's recommendation e approved. Car ied by unanimous vote. CITY CLERK SikATTON stated she has the affidavit of posting and the affidavit of mailing notices for filing the assessment of F Avenue (from luth to 17th Street). Ordered filed y unanimous vote. CITY CLERK ST:ATTOO reported receipt of a copy of a letter from the County Boundary Commission to Mrs. Myrtle L. Wise, 2420 Sweetwater Road, in regard to "Wise Annexation". The 'oundary Description and Sketch mentioned in the letter were not enclosed. Moved by Allen, seconded by Morgan, the letter be referred to the ')irector of Planning for a report. Carried by unanimous vote. CITY CLERK ST;:-.TT0i reported recei3t of a copy of a letter from the County 3oundary Commission to Mr. and Mrs. John !'nthony Conner, Sr., 2363 Grove Street, relative to "Conner Annexation". Moved by Allen, seconded b Morgan, it be referred to the Director of Planning for a report. Carried by unanimous vote. CITY CLERK STRATTON reported receipt of resolutions from the Cities of Oceanside, San ,iarcos and Vista, appointing representatives to serve on the Transportation Policy Coordinating Committee and the Transporta- tion Technical Coordinating Committee. Ordered filed by unanimous vote. CITY J.!GIHEER FOSTER reported work is progressing satisfactorily on Highland Avenue, where Hazard Construction Company is working and on tiatienal avenue, where the Griffith Company is working; they have com- pleted the location of the sever requested by Mr. Fitzpatrick. He re- ported he could also see soee proeress in the sewer pump stations t'"is week. 3/27/63 63 DIR CTOR OF PLANNING STOCKi`4AN stated she has two petitions for unin- habited annexation: (1) the "Conner Annexation" and (2) the "Wise Annexation," and recommended the petitions be received and referred to the Planning Commission for a report. Moved by Morgan, seconded by Colburn, the Director of Planning's recommendation be approved. Carried by unanimous vote. t1lI.ECT041 fir' PLANING STOCKMAN stated on July 16th the Planning Com- mission rec mMended the alley ::ounded by 27th .and 29th Street and National and A Avenue e closed, subject to working out a relocation of:the existing sewer in the area. At that time the City Council did goaltdOtiwith Planning Commission's recommendation; however, they did lay it over for the relocation of the sewer. The sewer has ::;een sat- isfactorily relocated and the Director of Planning recomended it be referred to the City Attorney for the necessary Resolution setting up a protest hearing. Moved by Morgan, seconded by Allen, the rirector of Planning's recommendation :e approved. Carried by unanimous vote. PORT CO,ii;SSIONLU RuEHLE reported he had left the Council Chamuer to place a telephone call to verify what he ielieved to be fact and can state definitely the cocktail party Councilman Morgan referred to was sponsored y private industry, not taxpayers money. He requested anyone who might have any questions regarding the Port District to call him. Mr. Ruehle reported the lengths of the terms of Cormnission- ers was determined by a drawing at the 3oard meeting this afternoon and the National City Commissioner drew a two year term, which will expire the end of Dccemner 1964. Two year terms were drawn by San Diego and National City; for year terms were drawn by Imperial 3each, Chula Vista and Coronado. The Port District would like to hold hear- ings in National City and Chula Vista as they develop their master plan. The Engineering Department of the Port District is now com- pieting a report with all cost estimates for the first phase of the National City Terminal at the foot of 24th Street. As soon as it is released the copies will be brought here. ANTHONY ZITNICK, 1603 Lanoitan Avenue,was present and inquired what happened to his request for refund of a $25.00 performance bond. Mayor Gautereaux stated it has not been processed yet but will come before the Council next week. COUNCILMAN HART inquired when the POLICE AMJULANCE will be in opera- tion. City Manager Hess reported the new vehicle is in the City Garage being fitted with accessories required by State Law and will be in operaticn.within a few days. 3/2 7/63 69 Moved by Colburn, seconded by Morgan, the meeting closed. The meetingclosed at 3:45 p.m. Arit.ST: 8/27/63