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HomeMy WebLinkAbout1963 09-03 CC MIN70 National City, California, September 3, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Vice Mayor Allen. Council members present: Allen, Colburn, Hart, Morgan. Absent: Gautereaux. ADMINISTRATIVE OFFICIALS present: Foster, Hess, Osburn, Stockman, Stratton, Deputy City Attorney Todd. The meeting was opened with salute to the Flag by City Manager Hess, followed with invocation by E. H. Alsdorf. CITY CLERK STRATTON requested the minutes be corrected by adding the names of Mr. and Mrs. Don Burdge, 824 Edgerton Way, on the Human Rela- tions Committee. Moved by Morgan, seconded by Colburn, the minutes of the regular meeting of August 27, 1963, be approved as corrected. Car- ried by unanimous vote. Absent: Gautereaux. RESOLUTION NO. 8445, "RESOLUTION URGING THE ADOPTION OF THE TIJUANA RIVER BED AS THE LOCATION FOR PROPOSED FLOOD CONTROL CHANNEL", was read. Moved by Colburn, seconded by Hart, the Resolution be adopted. Councilman Morgan asked if the channel would cost the people of National City any- thing. It was decided the channel would be a federal project. Carried, by the following vote to -wit: Ayes! Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. RESOLUTION NO. 8446, "RESOLUTION PLEDGING SUPPORT AND ASSISTANCE TO UNIFIED PORT DISTRICT IN INVESTIGATING FREIGHT RATES IN SAN DIEGO AREA FOR THE PURPOSE OF EQUALIZING THEY: WITH OTHER MAJOR PORT CITIES ON THE PACIFIC COAST", was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. DEPUTY CITY ATTORNEY TODD stated with the permission of the Council he would read another resolution when received during the meeting and would proceed with the first reading of two ordinances. Permission was granted. Ordinance No. , "an ordinance amending Ordinance No. 962, Zoning Ordinance of the City of National City, California", was presented for the first reading and read in full. Ordinance No. , "an ordinance establishing conditions for removal of appointive officers who are not in the competitive service" was pre- sented for the first reading and read in full. Councilman Morgan stated he has seen some bad ordinances come through the Council, but this is the worst ordinance ever presented to this Council. He stated it takes eight months to relieve the City Manager and City Attorney around elec- tion time. Vice Mayor Alien stated this is the first reading and is not for discussion until the second reading and there will be an opportunity to then discuss and vote on the ordinance. 9/3/63 71 RESOLUTION NO. 8447, "ACCEPTING THE IMPOSITION OF ADDITIONAL HIGHWAY USERS TAXES AND FEES PURSUANT TO CHAPTER 1852, STATUTES OF 1963", was read. Moved by Colburn, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. DEPUTY CITY ATTORNEY TODD stated a resolution thanking those who parti- cipated in the recent Pony League tournaments was prepared and would be read next week. He requested the Council to add names of individuals and organizations who participated so it will be complete when presented for adoption next week. The following names were added: Al Coupee of KOGO and all news media, Stan Biggs and all Public Works employees, Park and Recreation Advisory Board, City Manager's office, Rehan Richter, individuals who housed the boys from the visiting teams. Moved by Hart, seconded by Colburn, the payroll be read separately from the other bills. Vice Mayor Alien asked the City Manager his opinion on splitting the bills. City Manager Hess replied it is a matter of policy. Vice Mayor Allen stated he was not for doing it; the bills and payroll have always been considered together and he sees no reason for separat- ing them. Councilman Hart stated he has been on the Council long enough to know it can be done, that he has never wanted it done prior to this time. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Allen. Absent: Gautereaux. The hearing on the closing of "Q" Avenue from 7th to 8th Street and the alley running east -west between 7th, 8th, "Q" and "R" was held at this time. City Clerk Stratton stated she has received no written protests and asked if there was anyone present in the audience in this regard. E. H. Alsdorf, 2105 "J" Avenue, was present and stated he is against closing any streets or alleys; the area is subject to floods and the streets should be kept open. Moved by Colburn, seconded by Hart, as no one else approached the microphone, the hearings be closed and the proper officials be instructed to continue. Carried, by the following vote to - wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. COUNCILMAN HART thanked City Manager Hess for getting the police ambu- lance into service. City Manager Hess stated credit should be given to the city shop people who did considerable research and worked hard along with Chief Cagle examining ambulances throughout the United States. Moved by Hart, seconded by Morgan, a letter of appreciation be written by the City Manager to the Chief of Police and the Garage and anyone who had anything to do with it. Carried by unanimous vote. Absent: Gautereaux. 9/3/63 72 COUNCILMAN MORGAN stated he has discussed this with the City Manager and was informed money is short for drainage. He reported that/928 Second Street, as a result of apartments built at Fourth and "J", a drainage problem was created and when it rains there is going to be a real prob- lem. Yf nothing is done, there will be a lawsuit. Moved by Morgan, seconded by Hart, the City Manager study the problem and see how we can get around the drainage problem before it rains. Carried by unanimous vote. Absent: Gautereaux. VICE MAYOR ALLEN read a letter from the American Public Works Association addressed to the Mayor, recommending the week of September 8, 1963, be designated National Public Works Week. Moved by Colburn,, seconded by Hart, the Mayor be authorized to proclaim National Public Works Week. Carried by unanimous vote. Absnet: Gautereaux. Vice Mayor Allen pro- claimed the week of September 8 through 14, 1963, National Public Works Week. VICE MAYOR ALLEN stated he acted as a judge of costumes at the Girls Club on Saturday morning with Mr. and Mrs. Hess and Mrs. Colburn. The event was colorful and he stated the press should cover it next time and get some pictures. COUNCILMAN MORGAN distributed scenes and maps of British Columbia sent to him by the team from Victoria when they returned home from the Pony League tournament. The payroll audited by the Finance Committee was presented: $61,486.11. Moved by Colburn1 seconded by Morgan the payroll be approved for payment and warrants ordered drawn for same. Carried, by the following vote to - wit: Ayes: Colburn, Hart, Morgan, Allen. Nays: None. Absent: Gautereaux. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 6,269.96 Traffic Safety 7,795.75 Park 148.20 Retirement 5,151.33 Trust and Agency 25.00 Special Street 600.00 Sewer Service 110.85 Total $20,101.09 Moved by Colburn, seconded by Alien, the bills be approved and warrants be drawn on same. Motion failed by the following vote to -wit: Ayes: Colburn, Allen. Nays: Hart, Morgan. Absent: Gautereaux. Vice Mayor Alien stated as the vote was a tie it would be on the agenda for next week. Vice Mayor Alien asked if there were any pressing bills. City Clerk Stratton stated a capital outlay payment should be made to John A. Brand. Moved by Morgan, seconded by Hart, the Capital Outlay payment be 9/3/63 73 approved and warrants ordered drawn, Vice Mayor Alien asked about the Retirement payment. City Manager Hess stated it could be paid next time; it is an obligation but not a pressing bill. City Clerk Stratton stated there are two items on the Capital Outlay, one for John A. Brand for the metering stations and one for Montgomery Ward for a refrigerator for Casa de Salud for $217.36 and inquired if the Council wished to pay both or wanted a new Resolution. Councilman Morgan stated he thought if he with- drew his motion he could straighten out the problem of the bills. Coun- cilman Hart withdrew his second. Moved by Morgan, seconded by Colburn, all the bills be approved for payment and warrants ordered drawn for same except the bill for the City Attorney, Vice Mayor Allen stated the motion is made and seconded to pay all the bills except the one for the City Attorney to attend the A.M.A. Convention. Councilman Morgan stated the Vice Mayor is putting words in his mouth; he stated all the money that goes to the City Attorney and did not specify what it was. Vice Mayor Allen said there was only one amount of money going to the City Attorney; he happens to be on the Finance Committee and checked them and that is why he specified the item. Councilman Morgan said there was a bill for $600 and another one for Houston to the A.M.A. Convention for $379,14, included in one warrant. Motion carried by the following vote to -wit: Ayes: Colburn, Morgan, Alien, Nays: Hart. Absent: Gautereaux. RESOLUTION NO. 8448, ''AUTHORIZING PAYMENT FROM CAPITAL OUTLAY FUND" (John A. Brand, $7,878.06, Metering Stations 1 and 2 and appurtenances; and Montgomery Ward, $217.36 for refrigerator at Casa de Salud) was read, Moved by Colburn, seconded by Allen, the Resolution be adopted. Carried,, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Alien. Nays: None. Absent: Gautereaux. CITY MANAGER HESS reported in regard to the proposed sign for the golf pro shop in Las Palmas Park he has not received a proposal from G-M-U, Inc. He stated there has been discussion relative to the sign and locale but no definite proposal has been received. City Manager Hess recommended it be laid over until such time as a definite proposal is received from Mr. Gaulding and it be brought back as a composite report from his office, the Director of Paris and the Building Inspector. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Gautereaux. Item No. 2 on the agenda under Referrals was the Librarian's report on the preservation of old documents in the City Clerk's vault. As no report was received, City Manager Hess recommended it be laid over until a report from Mrs. Baeder is received by the City Manager. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Gautereaux. 9/3/63 74 DIRECTOR OF PLANNING STOCKMAN recommended the Planning Commission's report on the grading of sidewalks on Highland Avenue (in relation to set -back) be laid over as considerable research needs to be accomplished and that it come back to the Council through a regular Planning Commission report. Moved by Hart, seconded by Morgan, the Director of Planning's recommen- dation be approved. Carried by unanimous vote. Absent: Gautereaux. DIRECTOR OF PLANNING STOCKMAN reported in regard to the "Connor Annexa- tion" which lies north of Sweetwater Road at 2868 Grove Street, the petition presented was signed by 100'%o of the property owners, the terri- tory can be annexed under the Uninhabited Territory Act of 1939, and it is the recommendation of the Planning Commission the Council accept the annexation. Moved by Colburn, seconded by Morgan, the Planning Commis- sion's recommendation be approved and it be referred to the City Attorney for the necessary resolutions. Carried by unanimous vote. Absent: Gautereaux. DIRECTOR OF PLANNING STOCKMAN reported in regard to the "Wise Annexation" which lies south of Sweetwater Road opposite Orange Street and is located at 2420 Sweetwater Road, the petition is signed by 100% of the property owners, and may be annexed under the Uninhabited Annexation Act of 1939, and it is the recommendation of the Planning Commission the Council accept the annexation. Moved by Hart, seconded by Colburn, the Planning Commission's recommendation be accepted and it be referred to the City Attorney for the necessary resolutions. Carried by unanimous vote. Absent: Gautereaux. A communication from the National City Chamber of Commerce recommending National Avenue be designated "Interstate 5 Business Loop", was pre- sented. Moved by Colburn, seconded by Morgan, the Chamber of Commerce's recommendation be approved. Carried by unanimous vote. Absent: Gautereaux. An application for a person to person transfer of off -sale beer and wine license in the names of Joseph E. and Mary Ledgerwood dba Schurr Market, 422 Highland Avenue, was presented. Moved by Colburn, seconded by Hart, the application be filed. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Allen. Nays: None. Absent: Gautereaux. Abstaining: Morgan. CITY MANAGER HESS reported receipt of a communication from the San Diego Gas & Electric Company requesting approval of a temporary installation of one pole and the stringing of three #4 B.S. 4000 volt wires on City property on the north side of Sweetwater Road west of Grove Street to furnish electric service to a pump for the G-M-U, Inc. in Las Palmas Park and recommended the request be approved and authority be given to him to advise the San Diego Gas and Electric Company and the original 9/3/63 75 communication be filed with the City Clerk. Moved by Hart, seconded by Morgan, the City Manager's recommendation be approved. Carried by unani, mous vote. Absent: Gautereaux. CITY MANAGER HESS reported in regard to the refrigerator Vice Mayor Allen} stated was needed by the Tecate Red Cross, he received quite a few calls and Tecate officials will be here tomorrow t.. pick up a refrigerator donated by Mrs, George M. Kolerich, 5959 Albemarle, San Diego. CITY MANAGER HESS read three communications addressed to Councilman Morgan expressing thanks and appreciation for the Pony League Tournament and stated it was for informational purposes only and the communications were to be returned to Mr. Morgan.. They were from: Norman P. McConnell, President Pony League, Victoria, B. C.; Mr, and Mrs. E. 0. Kaiser, 1004 E. Fourth Street, National City; and Mr. and Mrs. Kaiser to the coach at Anaheim. CITY MANAGER HESS reported a request for refund of $25 performance bond for Anthony Zitnick, 1508 Lanoitan, National City, and for refund of a building permit of $7.50 was received. The work is to be performed by a contractor. The City Manager recommended the $25 performance bond be refunded to him but not the $7.50 permit fee. Moved by Colburn, sec- onded by Hart, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Allen, Nays: None. Absent: Gautereaux. CITY MANAGER HESS reported Mr. Wilson of the Kiwanis in a communication to Recreation Director Hergert requested the use of the Las Palmas Pool Saturday, September 28, 1963, at $100 for five hours (10:00 to 12:00 a.m. Kid'and 1:00 to 4:00 p.m. forrThedCIuba/provides supervision for the locker roans, lobbies, and pool deck. The pool provides guard service and holds swim races for all ages. The pool is available to all children on this day without charge. The Director of Recreation and the City Manager both recommend the Kiwanis Club be allowed the use of the pool. Moved by Morgan, seconded by Hart, the recommendation be approved. Carried by unanimous vote. Absent: Gautereaux. CITY MANAGER HESS reported Irrigation District to the Board of Directors adopted receipt of a communication from City Council, stating on August a resolution No. 177 citing the construction of the east branch of the California aqueduct pietion of construction by 1972. City Manager Hess stated the South Bay 6, 1963, the urgency of and the com- if the Council is in accord with the resolution, he recommended it be referred to the City Attorney for preparation of a National City Resolution along the same lines. Moved by Colburn, seconded by Hart, the City Manager's recommendation be approved. Carried by unanimous vote, Absent: 9/3/63 76 Gautereaux. City Manager Hess stated with approval of the Council he would pass the letter and the accompanying resolution along to the City Attorney for preparation of the appropriate resolution. City Manager Hess stated he also has a copy of the minutes of the regular meeting of the South Bay Irrigation District of August 6, 1963, and recommended it be filed with the City Clerk. Ordered filed by unanimous vote, Absent: Gautereaux. CITY MANAGER HESS stated in view of the tremendous response to the suc- cess of the Divisional and Regional Pony League Tournaments in National City, he would recommend the City Council give consideration to the preparation of a Resolution commending Mr. and Mrs. Kile Morgan indepen- dent of the other resolution for their participation in this regard. Moved by Hart, seconded by Colburn, a resolution commending Mr. and Mrs. Kile Morgan be prepared. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Allen. Nays: None. Absent: Gautereaux, Abstaining: Morgan. CITY CLERK STRATTON read a communication addressed to the City Council, regarding the appointment of counsel, in accordance with Section 2001 of the Government Code, requesting John F. O'Laughlin be appointed her attorney to defend her and reasonable fees and costs incident to the matter be paid. Moved by Morgan, seconded by Hart, the City Clerk be instructed to hire the attorney and that he be paid. Vice Mayor Allen stated he did not think we should pay for an attorney who is a city attorney of another city; he thinks the attorney should be from some firm or organization, but not a city attorney from another city. He further stated he does not favor this recommendation and is speaking against the motion. Councilman Morgan stated the City Clerk has a right to hire the attorney she thinks best that she should not go out on the sidewalk to try to find one. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Allen. Absent: Gautereaux. CITY CLERK STRATTON stated she has a copy of the court action filed by Richard E. Gautereaux and Lillie Cornelius against the City of National City dated July 26, 1963, and wondered if the City Attorney or City Manager wanted to report this to the Council and have it legally filed. City Manager Hess stated when this matter first came up relative to paying the police officials for overtime accrued in the past, it was the Council's decision when new partiesthrtezed in action to the suit, this would be processed as the rest of them. City Clerk Stratton said it is a court order against the City and should be filed, no action is neces- sary; but it should be brought to the attention of the Council. Vice Mayor Alien stated he thought it should be filed with the attorney. Deputy City Attorney Todd stated it should be filed by the City Clerk, 9/3/63 77 Moved by Colburn, seconded by Hart, it be filed. Carried by unanimous vote. Absent: Gautereaux. DIREcrOR OF PLANNING STOCKMAN read the recommendation of the Planning Commission at their regular meeting of August 28, 1963, in regard to the application for Zone Change No. C-17 by the Metropolitan Shopping Square at the proposed intersection of Euclid Avenue, from an R-2 to a C-2 Limited Commercial Zone. The Planning Commission recommends to the City Council the adoption of the ordinance amending Ordinance No. 962 and establishing the new zonings of R-4-P-D and C-2-P-D. Moved by Hart., sec- onded by Morgan, a public hearing be held at 8:00 p.m.., September 24th. Carried, by the following vote to -wit: Ayes: Colburn, H art, Morgan, Allen. Nays: None. Absent: Gautereaux. Director of Planning Stockman stated the Planning Commission recommended the ordinance establishing the zoning on the Kerch property be approved as shown on Map No. C-34A-PC on file in the City Clerk's office as document No. 33172. Moved by Hart, seconded by Colburn, a public hearing be held after 8:00 p.m. on Septem- ber 24th. Carried by unanimous vote. Absent: Gautereaux. Director of Planning Stockman stated it was also the thinking of the Planning Com, mission C-2-P-D Zoning be authorized for the Klein property at the north- west corner of Division Street and Euclid, and if this meets with the approval of the Council, former Council action could be rescinded and it could be included in the ordinance to be adopted for the Kerch property. She stated she would distribute copies of the proposed ordinance. DIRECTOR OF PLANNING STOCKMAN read the recommendation of the City Plan- ning Commission in regard to the application for Zone Variance No. Z-26 by Les Street Auto Wrecking for the property north of 24th Street, east of Wilson Avenue, which had been laid over for fifteen days. The Planning Commission recommended the Zone Variance be granted subject to nine stated restrictions. Moved by Colburn, seconded by Hart, the recommenda- tion of the Planning Commission be accepted and referred to the City Attorney for necessary resolutions. Carried by unanimous vote. Absent: Gautereaux. Moved by Hart, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Absent: Gautereaux. The meeting closed at 2:50 p.m. VICE MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK 9/3/63