Loading...
HomeMy WebLinkAbout1962 06-12 CC MIN426 National City, California, June 12, 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, Biggs, Carstens, Foster, Gautereaux, Hergert, Kerr, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by Acting City Manager Osburn, followed with invocation by Rev. Wayman of the First Methodist Church. Moved by Allen, seconded by Hart, the minutes of the adjourned meeting of May 22, 1962, held on June 6, 1962, at 1:30 p.m. be approved. Car- ried by unanimous vote. Moved by Hart, seconded by Allen, the minutes of adjourned meeting of June 6, 1962, held at 10:30 p.m. be approved. Carried by unanimous vote. MAYOR GAUTEREAUX presented City Clerk Alston with a 25 year service pin, and stated her service with the City of National City is certainly unique, due to the fact that for a number of years she was an employee of the City, and in 1949 she became an elective official; and extended his congratulations. RESOLUTION NO. 8122 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, CREATING AND ESTABLISHING THE DEPARTMENT OF PUBLIC WORKS AND DESIGNATING THE BUILDING INSPECTOR OF SAID CITY AS DIRECTOR OF PUB- LIC WORKS, AND DESCRIBING THE DUTIES THEREOF." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO. 8123 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE EXECUTION OF UTILITIES AGREEMENT NO. 10294". Moved by Allen, seconded by Colburn, the Resolution be adopted. Car- ried by the following vote to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: None. Councilman Hart abstained from voting. RESOLUTION NO. 8124 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT TO CONDUCT RECRE- ATION CENTERS". Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8125 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING FLOOD PLAN INFORMATION". Moved by Morgan, sec- onded by Hart, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , an ordinance amending Ordinance No. 702 of the City of National City, establishing a curfew in the City of National. City, was presented for the second and final reading, and the title was read 6 /1.2 /62 427 in full. Upon motion of Alien, seconded by Colburn, further reading of the Ordinance was waived. the motion was adopted by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. ORDINANCE NO. 1032, "AN ORDINANCE AMENDING ORDINANCE NO. 702 OF THE CITY OF NATIONAL CITY, ESTABLISHING A CURFEW IN THE CITY OF NATIONAL CITY". Moved by Alien, seconded by Colburn, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. ATTORNEY CARSTENS presented a relocation permit bond on behalf of Nick Macalello, and recommended it be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated a communication was referred to him from The Travelers Insurance Company in regard to a sidewalk license bond of Dewain Davis and Albert Ortiz, and recommended the City Clerk acknow- ledge the cancellation and a copy of the letter be forwarded to Mr. Davis and Mr. Ortiz informing them the bond has been cancelled. Approved by unanimous vote. ATTORNEY CARSTENS reported he has reviewed as to form The Fund Insur- ance Companies' Policy N1-230343 covering the City's automobiles for fire and theft coverage. The policy appears to be in the proper form, and recommended it be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated the Application of the Greyhound Corporation, Western Greyhound Lines Division, for an which was referred to him, appears to be and no action on the part of the City is be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated in regard to the land of Ace Metals which is being condemned by the State, last week the Council authorized the signing of documents which would release any claim of the City to that particular property. Since that time the documents have been executed and in turn the Humphries brothers, who own the property, have consented to sign the document which would in effect guarantee to the City in the event anything would come up in the future and the City was involved, they would personally indemnify the City. ATTORNEY CARSTENS stated with regard in Superior Court entitled "Baker vs Thursday, June 7th, and at that time senting the policemen of the City of weeks' continuance. increase in intrastate fares, for informative purposes only, required, and recommended it to the matter of the law suit now Cagle" appearance was made last the petitioners' Attorney, repre- National City, requested a three There was considerable discussion on the case with the Judge in his chambers; and if the continuance is granted it was anticipated it will be settled without any further Court appearance. ATTORNEY CARSTENS reported the Court has granted an additional three weeks' continuance to allow the petitioners to gather further information. 4 /1 n /Rp 428 DONALD THOMPSON, 366 Sierra Way, Chula Vista, was present in regard to his property at 205 Norton Avenue, National City. Mr. Thompson stated according to the Building Code a $100 permit fee is required to pay for inspection of buildings to be moved within the City of National City, and a $1,200 completion bond is required. Mr. Thompson stated he is placing three units on one piece of property and is requesting a vari- ance for a $100 permit fee and a $1,200 completion bond on the entire project. All the buildings are identical. CHIEF BUILDING INSPECTOR BIGGS was present and stated there is a $100 application fee which is posted when applying to move a building, and after the application is approved there is a building permit fee, and prior to this time there is the posting of a bond. Mr. Biggs stated he discussed the matter with Mr. Bird, and he pointed out the primary purpose for requiring the $100 application fee is to cover the cost involved in inspections, and preparing the report for the Council; and it was Mr. Bird's opinion, and Mr. Biggs stated he agreed with him at the time, these three build- ings are being moved to one property, from one single property to another location, a single lot, and the photographs and the paper work will be approximately the same for three as if there was only one build- ing. The Ordinance does require $100 per building, and we have required $1,200 bond for each building. There will have to be three building permits, separate plumbing permits, electrical permits, and sewer per- mits. Mr. Biggs stated what Mr. Thompson is requesting is consideration of posting one $100 moving application fee in lieu of three and one $1,200 bond in lieu of three. Moved by Alien, seconded by Hart, the request of Mr. Thompson be referred to the City Attorney for clarifi- cation of legality of our Ordinance, also have a written recommendation by the Director ofPublic Works regarding his recommendation on the same subject. Carried by unanimous vote. HEARING ON LISCHEID 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 Allen, seconded by Morgan, the hearing be closed and the annexation proceedings be referred to the City Attorney for continu- ance. Carried by unanimous vote. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated she would like to suggest when the hearing dates on annexations and the readings of our Ordinances are set one of them is set for the evening Council meeting; thereby those persons who cannot attend the afternoon Council meetings can attend the evening meeting and will have a chance to hear at least one. In regard to holding Council meetings in the Library Conference Room, Mrs. Richards said she believed it should be checked into and see/Che Library will be kept open for the evening 6/12/62 429 meetings and the meetings might run longer than the Library is kept open. MAYOR GAUTEREAUX asked if there was any reason, time limit wise, on the setting of the second reading and second hearing, as commented by Mrs. Richards. CITY PLANNER STOCKMAN stated there are time limits set up by the Government Code and it should be taken under consideration by the City Attorney. ATTORNEY CARSTENS stated there may be some par- ticular cases regarding ordinances which would cause a severe incon- venience to parties involved if it was delayed for a period of three weeks. It is a matter he will check. VICE MAYOR ALLEN stated he would like to ask the City Attorney to give a legal interpretation on when, and what, and how should an abstention vote be warranted. ATTORNEY CARSTENS stated there is a provision in parliamentary rules, etc. that allow for an abstention vote, and also rules as to how the vote will and will not be counted. Mr. Carstens said he will make a thorough research and give him authorities for it. MAYOR GAUTEREAUX stated he would like to suggest in the research the Attorney contact the legal staff of the League of California Cities in this regard. There is Court ruling regarding parliamentary procedure. Moved by Morgan, seconded by Hart, the payment of overtime for the policemen which they have for this fiscal year be put on the agenda for the next meeting. Carried by unanimous vote. COUNCILMAN COLBURN read an article from the newspaper stating the City Council in Del Mar made the statement they are going to display more American flags proportionately than any of the other cities in San Diego County on July 4th, and the Council members adopted a resolution urging citizens to display the flag in challenging other cities in a patriotic display. Moved by Colburn, seconded by Morgan, we authorize the City Clerk to communicate with Del Mar and get a copy of their resolution so we can challenge them and make up a resolution of our own, and get our civic groups and citizens and see if we cannot beat them. Carried by unanimous vote. VICE MAYOR ALLEN stated he would like to have all the Veterans organizations receive a copy of this same resolution. COMMUNICATION FROM CITY PLANNER regarding Federal Aid for planning a new City Hall was presented. Moved by Hart, seconded by Morgan, it be held over until after the budget. CITY PLANNER STOCKMAN stated the last statement of her reports explains it. Motion died, by the follow- ing vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded by Colburn, we instruct the City Planner to continue with the program she has outlined. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. Moved by Allen, seconded by Colburn, the Mayor, as soon as A /i 7 /A7 430 possible, decide what type of a committee he wants and appoint members to the committee, whether they be all Council members, members of the Civil Service Commission, the Planning Commission, and citizens at large, so we can get together and try to arrive at some conclusion and select a site, and go from there. Carried, by the following vote to - wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. COMMUNICATION FROM BOARD OF SUPERVISORS regarding Port Authority elec- tion was presented. Moved by Morgan, seconded by Hart, we lay this item over until the Mayors meet and see if they would recommend a study on their own. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Allen, Gautereaux. Discussion regarding holding Council meetings in the Library Conference Room was held. Moved by Hart, seconded by Allen, we remain in the same building we are and hold our meetings in the Judge's Chambers unless the Chambers are being used for Court. Carried by unanimous vote. COMMUNICATION FROM HOUSING DIRECTOR GAUTEREAUX regarding phase out, two story buildings, was presented. Moved by Alien, seconded by Morgan, the reoort of the Housing Director be approved. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Hart, Morgan, Gautereaux. Nays: Colburn. Moved by Colburn, seconded by Gautereaux, we authorize the Housing Director to rent the duplexes for at least one more year, and at that time we can decide on the phasing out of the rest of the duplexes. After further discussion, Councilman Colburn, with the approval of Mayor Gautereaux, withdrew their motion. Moved by Colburn, seconded by Morgan, we make an appropriate notice the present City Coun- cil has no intention of phasing out the duplexes unless it is sold as a packaged deal with the particular prooerty thereon. Carried by unani- mous vote. REQUEST OF LESLIE S. SIMPSON for refund of $25.00 performance bond was presented. Moved by Morgan, seconded by Hart, the refund be approved. Carried by unanimous vote. APPLICATION OF 13 CLUB, 641 W. 13th Street, for person to person trans- fer of beer license, was presented. Moved by Allen, seconded by Hart, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan, COMMUNICATION FROM SAN DIEGO COUNTY TRAFFIC SAFETY COUNCIL regarding appropriation from the City's 1962-63 budget, was presented. ACTING CITY MANAGER OSBURN stated we have contributed $400 each year for the past two years to the Traffic Safety Council. Moved by Morgan, sec- onded by Allen, we provide $400 in the budget for the Traffic Safety Council. 6/12/62 431 REPORT FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL giving decision on Harold F. Dodds, 21 West 7th Street, was presented, and ordered filed by unanimous vote. COMMUNICATION FROM ROBERT BELL regarding automobile agency in C-3-A Zone was presented. ROBERT BELL was present and stated he is inclined to resent the title "automobile agency" as it is definitely not an automobile agency, it is a motorcycle agency and it has been clarified legally by an attorney and. the City Attorney in his first legal opinion, it is not an automobile agency; and it has been completely approved by the Planning Commission. Mr. Bell stated he has lost the lease that was involved, and he has no personal economic gain in it as it now stands. The only interest he has is to clarify his position and more or less a protective position of the Planning Commission who authorized this completely, subject to legal verification of the first opinion of the City Attorney it was not an automobile agency. VICE MAYOR ALLEN excused. MAYOR GAUTEREAUX stated he would recommend the communication from Mr. Bell be filed and the points that are pointed out as to the ordinance and clarification of ordinance be referred to our City Attorney and it be brought back to the Council with a report as to verification of ordinance. VICE MAYOR ALLEN present. Moved by approved. Hart, in actually would be Hart, seconded by Morgan, the recommendation of the Mayor be Carried by unanimous vote. Moved by Allen, seconded by any instance where the ordinance has caused confusion and causes injury to people we do change it so the interpretation any vehicle that is registered under the Department of Motor Vehicles. COUNCILMAN MORGAN stated he thought we should wait until we received the Attorney's report. Councilman Hart withdrew his second to the motion. Motion died for lack of a second. COMMUNICATION FROM CITY ENGINEER FOSTER regarding "D" Avenue Storm Drain at 28th Street was presented. Moved by Morgan, seconded by Allen, we pay the bill and file a notice of completion, as recommended by the City Engineer. MAYOR GAUTEREAUX stated it would be proper to refer the communication to the City Attorney. Councilman Morgan stated he would change his motion to: refer it to the City Attorney and file a notice of completion. Motion seconded by Hart. Carried by unanimous vote, COMMUNICATION FROM CITY ENGINEER FOSTER regarding 8th Street, Sanitar- ium Avenue to Plaza Blvd., was presented. Councilman Morgan stated there is a resolution attached to the report regarding the "D" Avenue drainage and asked if it could not be adopted. MAYOR GAUTEREAUX stated 6/12/62 432 there is a resolution attached to the two communications from the City Engineer and they have evidently been referred to the City Attorney and a resolution prepared, and asked if the resolution could be adopted at this time. ATTORNEY CARSTENS stated the resolutions were not referred to him or prepared by him; however, if the Council wishes to approve the resolution he sees no reason why they could not. Moved by Morgan, seconded by Hart, we adopt the resolution on the "D" Avenue drainage, and file a notice of completion. COUNCILMAN MORGAN, with the approval of Councilman Hart, ,withdrew their motion. Moved by Morgan, seconded by Allen, we refer both the resolution for the "D" Avenue drainage and the 8th Street improvement to the City Attorney for his recommendation at the end of the meeting. Carried by unanimous vote. REPORT FROM OLIVEWOOD HOUSING for the month of April, 1962, was pre- sented. Moved by Alien, seconded by Morgan, the report of the Housing Director be accepted. Carried by unanimous vote. Moved by Morgan, seconded by Allen, we accept the 8th Street improve- ment and a Notice of Completion be filed. Carried by unanimous vote. RESOLUTION NO. 8126 was read, accepting "D" Avenue Storm Drain at 28th Street, and authorizing the filing of a Notice of Completion. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unani- mous vote. RESOLUTION NO. 8127 was read, accepting the improvement of 8th Street, Sanitarium Avenue to Plaza Boulevard. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. REPORT FROM CAPTAIN HARROLD, FIRE MARSHAL, relative to the proper pro- cedure for clearing of weed covered lots in the City of National City, was read. A copy of an official notification was attached to the report. The report was ordered filed by unanimous vote. REPORT OF CITY TREASURER for period ending May 31, 1962, was presented and ordered filed by unanimous vote. ANNUAL RATING ENDORSEMENT FROM STATE COMPENSATION INSURANCE FUND was presented. ACTING CITY MANAGER OSBURN recommended the endorsement be filed and made a part of our continuous policy. Approved by unani- mous vote. REPORT FROM REAL ESTATE COMMITTEE of their meeting held June llth was read, stating a letter from Real Estate Broker Janette Thornburg was read, stating she had a client interested in a portion of the R-4 lot on E. 26th Street, and requested a price or starting bid on same. Dur- ing the discussion Mr. Charles Green arrived and his proposal regarding a land swap between the City and the Masonic Lodge was heard. The 6/12/62 433 Masonic Lodge is interested in building a new temple in National City and now owns some property across'the street from the Community Build- ing which is inadequate for their needs. They own 175 ft. on 12th Street and 290 ft. on "B" Avenue. Mr. Green said he would propose a site on 24th and "D" Avenue in the olivewood Housing area for the swap. The Committee stated consideration would be given to the swap at the next meeting when a definite offer is made and a full committee is present. The discussion was resumed in regard to the R-4 lot on E. 26th Street. It was the recommendation of the Committee the price start at $9,300 for the 100' x 1351 and additional land, if they are interested in same, to be charged at the equivalent rate. A communica- tion was read from a real estate broker representing Marvin Finch, offering to purchase from the owner, 11 acres plus in Bahia Vista Indus- trial Center, being 235.12 ft. on National Avenue and 290.18 feet deep, for the price of $30,000. He will deposit $1,000 and the $29,000 will be delivered to escrow holder within 120 days, subject to the buyer getting adequate financing. The offer is subject to the two existing buildings remaining on the land and the buyer being allowed to remodel them and use them in his business, which is selling building materials. The Committee voted to put this on the agenda for their next meeting. The Committee authorized Acting City Manager Osburn to write them a letter and find out what they have in mind doing with the property. COUNCILMAN MORGAN, Chairman of the Real Estate Committee, stated there is one item the Council could take action on. Mr. Morgan stated after the meeting they looked at the building which is to be moved off of what was the Navy housing in this area, and before any action is taken he would like to have all the Coundil look at the building to be moved to the property on City owned land, and the item be on the agenda next week. COUNCILMAN HART stated we have a housing which we are phasing out and this would be bringing in another housing project. Moved by Morgan, seconded by Hart, the one item setting the price on the lot 100' x 1351 on next week's agenda so the other members of the Council can view the buildings that are to be moved on the property. Carried by unanimous vote. Moved by Morgan, seconded by Allen, the report of the Real Estate Committee be filed. Carried by unanimous vote. ACTING CITY MANAGER OSBURN read a communication addressed to persons interested in the development and improvement of San Diego County High- ways, stating annually California State Chamber of. Commerce Officials, members of the State Highway Commission and their engineers travel throughout California for the purpose of reviewing the status of high- way and freeway development. This year their San Diego meeting will be hosted by the San Diego Chamber of Commerce and the San Diego County Highway Development Association in the San Diego Hotel at 12:00 noon on 6/12/62 434 June 19th. Moved by Allen, seconded by Hart, the communication be referred to the Mayor. Carried by unanimous vote. COMMUNICATION FROM CITY OF DEL MAR was read, transmitting a copy of their Resolution 180 adopted on June 4, 1962, which proclaims the per- iod from June 29, 1962, to July 8, 1962, as San Diego County Fair Week. It was requested a similar resolution be presented to the National City's City Council for their review. The City of Del Mar would appre- ciate the support of National City in proclaiming the above mentioned period as San Diego County Fair Week. Moved by Allen, seconded by Hart, the Mayor be authorized to proclaim the above mentioned period as San Diego County Fair Week. Carried by unanimous vote. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY was read, relative to committee meetings scheduled for June 14, 1962. CITY CLERK ALSTON reported the meeting of the League of California Cities will be June 15th at the El Cortez Hotel, and the City of'Ocean.- side will be the host city. CITY CLERK ALSTON stated at the adjourned meeting of the Council last Wednesday evening, William Lambert was appointed asa member of the Civil Service Commission; however, there are two vacancies on the Com- mission and it was not stated which vacancy he is to fill, as both expire at a different time.. Also he is not listed in the telephone book and wish to know his address. MAYOR GAUTEREAUX stated his busi- ness address is 224 W. 24th Street, and his home address is the 300 Block S. Belmont Street, National City; and he be appointed to fill the Sr. term. CITY ENGINEER FOSTER stated he had a report which he did not have ready in time for the agenda; and presented the Council members with a copy for consideration at a later date. The subject of it is the opening of 24th Street East of Palm Avenue. MAYOR GAUTEREAUX stated we would have an adjourned meeting to an execu- tive session and report back to the Council ChamberS on the conclusion of the executive session for the adjournment of our regular meeting. Moved by Morgan, seconded by Allen, we adjourn for the executive ses- sion at 3:30 p.m. Carried by unanimous vote. Meeting adjourned at 2:53 p.m. ATTEST: R, CITY OF NAT L CITY, CALIFORNIA CITY CLERK 6/12/62