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HomeMy WebLinkAbout1962 10-09 CC MIN126 National City, California, October 9, 1962 Regular meeting of the City Council was called to order by Mayor Gautereaux at 1:30 p.m. o'clock. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Cagle, Carstens, Foster, Gautereaux, Hess, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by Rev. Clark of the First Baptist Church. Moved by Colburn, seconded by Allen, the minutes of the regular meet- ing of October 2, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. , was read, "ACCEPTANCE OF IMPROVEMENTS ON SWEET - WATER HEIGHTS SUBDIVISION". Moved by Hart, seconded by Allen., the Resolution be adopted. DIRECTOR OF PLANNING stated it was her under- standing the agreement with Mr. Morris provided he will install a tree in the front on each of the lots, and it has not been done, MAYOR GAUTEREAUX stated since this point has been brought to our attention, if this is one of the things required in the contract, the resolution should be set aside until such time as the City Manager can expedite the matter. COUNCILMAN HART, with the approval of Vice Mayor Allen, withdrew the motion. Moved by Morgan, seconded by Allen, the recommendation of Mayor Gautereaux be approved. Carried by unani- mous vote. RESOLUTION NO. 8201 was read, "RESOLUTION REQUIRING MEMBERS OF THE LIBRARY BOARD, PARK AND RECREATION ADVISORY BOARD AND TRAFFIC SAFETY COMMITTEE TO BE RESIDENTS OF THE CITY OF NATIONAL CITY". Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF NATIONAL CITY AMEND- ING ORDINANCE NO. 712 AND ORDINANCE NO. 729 PROVIDING FOR MEMBERS OF THE CIVIL SERVICE COMMISSION AND THE PLANNING COMMISSION TO BE RESI- DENTS OF THE CITY OF NATIONAL CITY", was presented for the first read- ing and read in full, ORDINANCE NO. , amending Section 41 of Ordinance 708, was presented for the second and final reading. Upon motion of Alien, seconded by Colburn, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1048, "AN ORDINANCE AMENDING SECTION 41 of ORDINANCE 708 OF THE CITY OF NATIONAL CITY, ESTABLISHING LICENSE FEES FOR AMUSEMENT 10-9-62 127 ARCADES". Moved by Colburn, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. ATTORNEY CARSTENS stated a few weeks ago he requested authority from the Council to appear in a Superior Court hearing in the County of San Diego wherein action was brought against the City on behalf of a resident of the City for the death of a minor child. Yesterday we learned of another tragedy in the family and the opposing Counsel has asked for a continuance of the trial; and as soon as the City Attorney learns of the hearing date he will notify the Council. ATTORNEY CARSTENS stated last week we had the first reading of an, amendment to Ordinance 962 in regard to C-2-A zoning and the Council referred to the City Attorney and Director of Planning the question of what is a large stack of lumber. Attorney Carstens stated he has gone into the matter with the Director of Planning and there are a number of other things they feel should be investigated and are not prepared at this time to make a recommendation, and requested the Council authorize them to have their recommendation next week. Approved by unanimous vote. JIM DOWD, representing the Fraternal Order of Eagles, 21 W. 12th Street, was present, and read a resolution adopted by the Eagles relative to establishing "The Better Citizens Suggestion System". The resolution asks that the City Council be encouraged to recognize those partici- pating citizens by making "Suggestion Reading" part of the Council business meeting agenda once each month. Moved by Allen, seconded by Hart, we accept the resolution and refer it to the City Manager for study before we take up all points of it; and also refer it to the City Attorney to see if there is anything which would create a legal situation. Carried by unanimous vote. Mr. Dowd introduced members of the Order of the Eagles who were in the audience. VICE MAYOR ALLEN stated it was his a resolution to create the Library stated they checked the ordinances which established the Library Boar Colburn, such a resolution be drawn understanding there has never been Board. CITY ATTORNEY CARSTENS and resolutions and found nothing d. Moved by Allen, seconded by recognizing the Library Board as such. ATTORNEY CARSTENS stated there is a provision in the California Education Code for the establishment of libraries, which requires there be an ordinance establishing a libre}ry; there is a very old ordinance but it does not deal with what the education code requires; and if it is the intention of the Council the Library Board be established pur- suant to the education code, he would recommend it be done by ordinance. 10/9/62 128 There is also a general government code which does not specifically require an ordinance; however, this would bear further study and investigation by the Council as a whole, or certain members of the Council as a committee. It is something that should be gone into in more detail than just passing a resolution. Vice Mayor Allen with- drew his motion and Councilman Colburn withdrew his second. Moved by Allen, the City Manager study the present ordinance in conjunction with the City Attorney, and if it is lacking a new ordinance be drawn under the Education Code, including the Library, and the Library Board be included in the ordinance. Motion died for lack of a second. Moved by Morgan, seconded by Allen, the matter be referred to the City Mana- ger and City Attorney. Carried by unanimous vote. JOE M. HALL was present, and stated on behalf of the 75th Anniversary Committee and the South Bay Optimist Club of National City, he wished to extend their appreciation for` the cooperation and assistance the City gave in regard to the parade. Mr. Hall said he would like to thank the various departments of the City; Police Dept., Park Depart- ment for their reviewing stand, and various others who helped make their parade a success, and in return give a plaque to each of the Councilmen, in appreciation for their efforts in making it a success. MAYOR GAUTEREAUX thanked Mr. Hall for the job he did as Chairman of the parade. HEARING on Zone Change from R-4, Multiple Residence Zone to C-2, Limited Commercial Zone (S. side of 18th St. between "I" and "J" Avenues), was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in this regard. Moved by Allen, seconded by Hart, the hearing be closed, and referred to the City Attorney. Carried by unanimous vote. HEARING on establishment of zoning on Cypress Annexation was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in this regard. Moved by Hart, seconded by Morgan, the hearing be closed, and referred to the City Attorney. Carried by unanimous vote. MAYOR GAUTEREAUX stated there is a vacancy on the Park and Recreation Advisory Board, and he has had the following names submitted to him for consideration: Mrs. Byron E. Reid, 1924 "O" Avenue; Bill Morgan, 2206 "L" Avenue; Barney Melillo; and William 0•Quinn. MAYOR GAUTEREAUX stated he had no specific choice of the names and asked the Council how they would like to proceed in making a selection of the people to be considered. Moved by Morgan, seconded by Allen, the appointment be laid over until next week so the Mayor will have time to consider making an appointment. Carried by unanimous vote. 10-9-62 129 PETITION objecting to Gem Amusement Machines being licensed, was pre- sented. REPORT OF CITY MANAGER HESS was read, stating an extensive review of Police Department records reveals there have been no reports of altercations or undesirable practices at this establishment; And no indication the establishment encourages loitering, profanity, or a pool hall atmosphere. ATTORNEY CARSTENS stated he was directed to make a report as to whether there were any legal grounds for refusing a license. On the basis of the ordinance there are. Ways in which a license for this establishment or any other establishment licensed under our ordinance can lose their license. Also if someone is applying for a license who is unfit, would be grounds for denial. Moved by Allen, seconded by Colburn., the petition be filed. Carried by unanimous vote, COMMUNICATION FROM COUNTY BOUNDARY COMMISSION relative to Bonita Vil- lage Annexation to Chula Vista, was presented, and ordered filed by unanimous vote, REPORT OF HOUSING DIRECTOR GAUTEREAUX was:accepted and ordered filed by unanimous vote. RESIGNATION of Fireman Raymond A, Neal, Jr., was presented. Moved by Allen; seconded by Morgan, the resignation be accepted with regrets and a certificate issued; and his request to be on the reserve.list referred to the Civil Service Commission. Carried by unanimous vote. MINUTES of October 3rd meeting of Library Board of Trustees were accepted and ordered filed by unanimous vote. REPORT OF HEARING on Plaza Boulevard Improvement, was presented. MAYOR GAUTEREAUX stated we have a report which was prepared by the City Manager and City Engineer relative to the hearing held, and they con- tinued the hearing, and in the continuance felt there were certain points on which they would like Councilmatic action on determining what our policy would be by which they could be guided in the con- clusion of their hearing. Moved by Allen, seconded by Colburn, the observations as outlined by the City Manager and City Engineer be approved in regard to the 1911 Act. Carried by unanimous vote. CITY MANAGER HESS stated at the hearing on the Improvement of Plaza Boule- vard a number of inquiries were made, many of which involve policy. 1. (Query) Matter of assessments against property having no "access rights". Moved by Morgan, seconded by Hart, we carry through with proposition (a) under observation on the report. Carried by the fol- lowing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan. Nays: Gautereaux. 2. (Query) High cost per front foot on property assessed. Moved by Morgan, seconded by Colburn, we continue with the plan and 10-9-62 130 assessments the City Engineer has submitted, Carried by unanimous vote. 3. (Query) Availability of sewer. Moved by Morgan, seconded by Hart, the report be approved. COUNCILMAN HART asked if that means they will pay the regular $245. fee to hook up after the sewer main is installed. CITY MANAGER HESS stated it would depend upon whether or not the Council are willing to install the necessary mains apart from the ordinary hook up fees. Mr. Hess asked if the City is going to assume the cost of putting in the sewer mains, and if this is the case then is the Council going to require the people who want the hook ups be required to pay for the normal hook up charges. COUNCILMAN HART stated in the past the sewer was put in by the City and the people paid $245. for the hook up fees. MAYOR GAUTEREAUX stated he thought the motion should include the City will put in the sewer main. Coun- cilman Morgan, with the approval of Councilman Hart, amended their motion to include the City will put in the mains; and the City Manager make a study on all connections in National City and see where we stand on it. Councilman Morgan, with the approval of Councilman Hart, with- drew the portion of the motion requesting the City Manager to make a study of all hook ups in National City. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Alien. Moved by Morgan, seconded by Gautereaux, the City Manager be authorized to study the sewer hook ups in the entire City of National City, and the costs. Carried by unanimous vote. 4. (Query) Availability of water. Moved by Allen, seconded by Hart, the recommendation be accepted. Carried by unanimous vote. CITY MANAGER HESS recommended authority be granted to him to advise the people at the hearing on the llth the. City will work closely with California Water & Telephone Company to make certain the necessary installations are made, as. requested and/or required. Moved by Morgan, seconded by Allen, the recommendation of the City Manager be approved. VICE MAYOR ALLEN questioned the availability of gas and electricity, and stated he would like that included in the motion. Councilman Morgan included it in the motion. Carried by unanimous vote, 6 (Query) Cost of Right-of-way. How savings in R/W costs will affect assessments. Moved by Allen, seconded by Morgan, the observation be approved. Carried by unanimous vote. 7, (Query) How are assessments handled where R/W acquisitions are necessary. Moved by Morgan, seconded by Colburn, the observation be approved. Carried by unanimous vote. 8. (Query) Why State Gas Tax funds are not used for project. Moved by Colburn, seconded by Morgan, we accept the observation. Carried by unanimous vote. APPLICATION FOR EXCAVATION PERMIT signed by F. M. Bratcher for an excavation to take place at property located in the 2300 block on E. 10-9-62 131 12th Street; property owned by Charles Kerch, was presented. CITY MANAGER HESS recommended the permit be authorized providing Mr. Bratcher conforms with the recommendations as set forth by the City Engineer. Approved by unanimous vote. HARRY LA DOU, Chairman, Joint City and County War Against Litter.Com- mittee, was present, and stated he wished to thank the Council and the people of National City for the cooperation given the :joint City and County War Against Litter Committee in its efforts over the past three years. MAYOR GAUTEREAUX stated it is the intent of the City and the Council to cooperate in every way we possibly can. Moved by Morgan, seconded by Hart, we authorize the City Manager to study our litter ordinance and see if it is up to date. Carried by unanimous vote. CITY MANAGER HESS stated the South Bay Shopping Center has commended our Police Department for the recent seminar they conducted relative to shoplifting; especially commending the work of Lieut. James Crowell, :and Sgt. Milton Hunter. Moved by Allen, seconded by Colburn, a copy be sent to the Chief of Police and a copy placed in each officer's jacket. Carried by unanimous vote. COMMUNICATION FROM CAPTAIN PELLING, Commanding Officer, U. S. Naval Station, relative to the condition which exists in the area adjacent to the Navy Housing, was read, setting forth the action which will be taken to remedy the conditions reported by the City. CITY MANAGER HESS stated the matter is also being studied by the City Manager of San Diego. CITY MANAGER HESS stated there will be a meeting of the Harbor Committee Friday, October 12 at 10:00 p.m., in the City Manager's office. CITY MANAGER HESS reported he received a communication from the National City Junior Chamber of Commerce stating they would like to initiate a program whereby American Flags could be displayed along National Avenue, etc. They would like Council approval to install the flags. Mr. Hess stated he discussed it with the Director of Public Works and received from him recommendations, which were read. CITY MANAGER HESS stated he would recommend in favor of their proposal and it be done in accordance with the recommendations of the Director of Public Works. Moved by Morgan, seconded by Allen, the recommendation of the City Manager be approved. Carried by unanimous vote. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY relative to committee meetings scheduled for October llth, was presented, and ordered filed by unanimous vote. 10-9-62 132 CITY MANAGER HESS reported the receipt of an endorsement for an insur- ance policy issued by Swett & Crawford which is in connection with the San Diego Gas & Electric Company's tidelands lease, and recommended it be referred to the City Attorney for his opinion as to whether or not it is in conformity with the existing provisions of the lease. Approved by unanimous vote. CITY MANAGER HESS stated inadvertently when a resolution was prepared two weeks ago commending various individuals for their participation in the 75th Anniversary Celebration, the Building Department was omitted and asked it be made a part of the record the employees of our Building Department played a very great role in this regard and con- tributed much to the overall success of the 75th Anniversary. Moved by Morgan, seconded by Allen, the request of the City Manager be approved. Carried by unanimous vote. MINUTES of regular meeting of the Board of Directors of the South Bay Irrigaition District, held September 4th, were presented, and ordered filed by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated she received a petition for annexation of territory known as "Shelby Drive Annexation" and recom- mended it be accepted by the Council and referred to the Planning Com- mission for a report. Moved by Hart, seconded by Morgan, the recom- mendation of the Director of Planning be approved. Carried by unani- mous vote. RESOLUTION NO. 8202 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED HEREIN AND DESIGNATED 'MONTGOMERY ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE': FOR HEARING OF.PROTESTS THERETO". Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. MAYOR GAUTEREAUX stated one point he overlooked in commenting to Mr. Hall when he made the presentations, was to thank himpersonally, after we had thanked him by resolution; and since we have members of the Eagles present he wished to thank them personally for being in atten- dance today on the resolution and petition presented and for the job they did in helping with our 75th Anniversary in handling the out- standing event, our dance,. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:15 p.m. ATTEST: CITY CLERK R, CITY •F Ir CITY, IFORNIA 10-9-62