HomeMy WebLinkAbout1965 02-16 CC MIN11
National City, California, February 16, 1965
The regular meeting of the City Council was called to order at 7:30 p.m. by
Mayor Gautereaux. Council members present: Allen, Colburn, Hogue, Morgan,
Gautereaux. Council members absent: Nond.
ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Gautereaux, Hess,
Minogue, Osburn, Stoeko.
The meeting was opened with salute to the Flag led by City Manager Hess
followed with invocation by Elder E. Irvin Lehman, Paradise Valley Seventh
Day Adventist Church.
MOVED BY ALLEN, seconded by Hogue, the minutes of the regular meeting of
February 9th be approved. Carried by unanimous vote.
RESOLUTION NO., a resolution amending property descriptions on Assess..
ment No, 135 (Laurel Avenue, Norton Avenue and First Street),was presented.
Moved by Morgan, seconded by Alien, the reading of the resolution be waived
and it be adopted by reading of the title only. Carried by unanimous vote.
RESOLUTION NO. 8849, "RESOLUTION AMENDING PROPERTY DESCRIPTIONS ON ASSESS..
MENT NO. 135 (Laurel Avenue, Norton Avenue and First Street)." Moved by
Allen, seconded by-Colburn, the Resolution be adopted. Carried, by the
following vote, to. -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None.
RESOLUTION NO. , a resolution granting zone variance pursuant to Ordinance
No. 962 (NW Corner of Division Street and Euclid Avenue),was presented.
Moved by Allen, seconded by Colburn, the reading of the resolution be
waived and it be adopted by read, n of the title only. Carried by unanimous
vote.
RESOLUTION NO. 8850, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO
ORDINANCE NO. 962(NW CORNER OF DIVISION STREET AND EUCLID AVENUE)." Moved
by Allen, seconded by Hogue, the Resolution be adopted. Carried, by the
following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None.
RESOLUTION NO, 8851, "RESOLUTION APPROVING WAGE SCALE, APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISING FOR BIDS FOR CONSTRUCTION OF
CIVIC CENTER," was read. Moved by Morgan, seconded by Hogue, the Resolution
be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn,
Hogue, Morgan, Gautereaux. Nays: None.
RESOLUTION NO. , a resolution amending Resolution 8844 giving notice of
intention to vacate and close portion of 20th Street between Cleveland and
Harrison Avenue and the alley between 19th and 20th Streets,was presented.
Moved by Allen, seconded by Hogue, the reading of the resolution be waived
and it be adopted by reading of the title only. Carried by unanimous vote,
RESOLUTION NO. 8852, "RESOLUTION AMENDING RESOLUTION 8844 GIVING NOTICE OF
INTENTION TO VACATE AND CLOSE PORTION OF 20TH STREET BETWEEN CLEVELAND AND
HARRISON AVENUE AND THE ALLEY BETWEEN 19TH AND 20TH STREETS." Moved by -
Alien, seconded by Hogue, the Resolution be adopted. Carried, by the follow..
ing vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays:
None.
CITY ATTORNEY CARSTENS reported in regard to the City Council's request for
an opinion to the Planning Commission on a question arising from the hearing
on Sweetwater Road Annexation zoning, Ordinance 1077 permitted multiple
dwellings in an R..4..P-D zone and a permit could not be denied solely on the
basis of multiple dwellings. Mayor Gautereaux asked if it would be possible
for anyone to come into "planned development" zoning without the Planning
Commission having the right of approval or rejection. City Attorney Carstens
stated the Planning Department questioned whether or not they could deny a
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permit solely on the basis of multiple dwelling improvement;under Ordinance
1077 both the Planning commission and the Council have the right to pass
judgment on the plan4 architecture, etc., but tile -Ordinance provides that
a person may have a multiple development in an R-4-P-D zone. City Attorney
Carstens stated he understood the question to be: Can the Planning Commission
deny a permit solely on the basis that it is multiple and not single family;
and his answer was "no.". Councilman Morgan asked if the Planning Commission
or the Council would have to give a reason for denying a permit. City Attorney
Carstens stated the Ordinance does not require they be given a reason but -if
a person were denied and chose to 'take it into Court, we might have diffi-
culty explaining our position. Vice Mayor -Allen stated---his-question was:
Are the same usages permitted in the C-2-P-D as in an R..4-.P..D. City Attorney
Carstens stated there are more usages permitted in the C-2 zoning;anything
allowed in R-4 would be allowed in C-2. Vice Mayor Allen stated -he still
did not think it -a good idea to zone one piece of property C-2-P-D and next
to it zone R•.4-P-D; there should be uniformity and if a person wanted a
controlled planned, development in this area, it should conform in zoning
with the property next to it.
COUNCILMAN MORGAN requested advertising for bids for the Civic Center be
in all the papers. City Manager Hess stated it would go in the local paper
plus the Union Tribune, Moved by Morgan, seconded by Colburn,we advertise
also in the Transcript. Mayor Gautereaux stated there are two publications
and suggested it be placed in the Construction publication. Councilman
Morgan suggested leaving it to the discretion of the City Manager. Carried
by unanimous vote.
COUNCILMAN HOGUE stated he reported to the Council in regard to the
Commission to study feasibility of purchasing the Water Company (South Bay
Irrigation District, National City and Chula Vista) and received no indi-
cation of the Council's intentions. Councilman Hogue stated we should
indicate our opinions to the Commission; he felt we oughtto go along with
the Commission's recommendation. Moved by Hogue, seconded by Gautereaux,
permission be given to inform the Commission that we are interested in
forming a new Water District and are interested in the purchase of the
Water Company. Vice Mayor Allen stated one of the recommendations made was
for a single Water District, however, he discussed it with people in
National City both those interested in purchasing the Water Company and
those not interested; both groups would not vote to purchase the Water
Company under any terms except a Joint Powers Agreement and he felt this
was the only way we could do anything toward trying to work out our end of
it. Councilman Morgan stated that turning authority over to one person
who would be elected by National City when we have five over the Water
Company now is not fair to the people of National City; we would have one
vote and there would be five on the Board and we could lose control of our
water. Mayor Gautereaux stated the important thing is to determine the
feasibility of public or private ownership and he felt the future of the
people with their water is to have a public entity; as far as approaching
a District is concerned, a District entity would not necessarily jeopardize
the rights of the people or the representation of National City in this
District. Mayor Gautereaux stated if we voted a District, we would be able
to control the format or the District structure, what would constitute the
Board of Directors, how they would be elected, etc., and it would behoove
us to make sure we had proper representation. The Mayor stated it is time
we give guidance to Councilman Hogue as the Council's representative to the -
Commission his recommendation is it would be feasible and most easily accom-
plished by formation of a Municipal District; there has not been sufficient
thought given to the subject nor has there been a sampling as to whether or
not the people would object to it, support it or deny it; whether it is
under a Joint Powers or a District is really immaterial; the formation of
a District would make it easier for the Irrigation District to give us
what they have now, in effect turning the rights of the water back to the
people of Chula Vista and giving them an opportunity to be part of a District. Vice Mayor Alien stated the people were 2 to 1 against the pur-
chase of the Water Company three or four years ago; and,, in discussing this
now, they give the same answer, the only way they would vote for it would
be as Joint Powers. Councilman Morgan stated people are tired of creating
more taxing authority; this Board would have taxing power and he felt no
2/16/65
13
more taxing power should be turned over to anyone. Motion carried by the
following vote, to -wit: Ayes: Colburn, Hogue, Gautereaux. Nays: Allen,
Morgan, Mayor Gautereaux stated in carrying this back to the Commission
the minority opinion that public acceptance would be stronger under a Joint
Powers Act than under a'District should be expressed.
MOVED BY ALLEN, seconded by Morgan, a Resolution of thanks be sent to --
Congressman Van Deerlin for his efforts to help us Iet the final arrange-
ments made for starting the Civic Center,, Carried by unanimous vote.
MAYOR GAUTEREAUX stated Mr. J. C. Penney, founder of the J. C. Penney Stores,
will be in National City tomorrow and, with the Council's permission, he
would proclaim tomorrow t1J. C. PENNEY DAY" and present Mr. Penney with a
"key to the City," Moved by Morgan, seconded by Allen, the Proclamation be
approved. Carried by unanimous vote,
HELEN LAMB, Antique Show Chairman, South Bay Historical Society, was present
and requested a waiver of rental fee for the Community Building for September
17-18-19th, 1965; she stated the building reservations have been made and.
the service fees as established last year are agreeable, Moved by Allen,
seconded by Morgan, the request be granted, Carried, by the following vote,
to..wit: Ayes: Allen, Colburn, Hogue„ Morgan, Gautereaux. Nays: None,
BILLS AUDITED BY THE FINANCE COMMITTEE were presented:
General Fund $ 33,032.27
Traffic Safety 2,796.38
Park 2,077.63
Retirement 5,160,87
Sewer 11,451.81
Gas Tax (186.1) 19,536.91
Special Street 8,028.69
Drainage 1,950.00
TOTAL $ 84,034.56
MOVED BY COLBURN, seconded by Hogue, the bills be approved --and warrants
ordered drawn for same, Carried, by the following vote, to -wit: Ayes:
Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None.
CITY ENGINEER FOSTER reported in regard to request for waiver of sidewalks
by Joe A. Robnett, 408 E. 30th Street, an inspection was made of the premises
at the SE corner of 30th Street and "D" Avenue; the original recommendation
was there was no engineering reason why curbs and sidewalks could not be
installed. City Engineer Foster stated the lot, 80 feet deep and 52 feet
wide, is a corner lot which will require curbs and sidewalks on both sides..
The City Engineer stated the cost of sidewalks, curbs and two driveways
was estimated to be $800.00. City Engineer Foster recommended if the
Council wishes to postpone all, or any, of this installation, Mr. Robnett
be required to put up a bond for the installation he wishes waived. Moved
by Morgan, seconded by Colburn, the City Engineer's recommendation be
approved. Vice Mayor Allen requested the recommendation of the Planning
Commission be read. Director of Planning Stockman read the Planning
Commission% recommendation to deny the request for waiver. Councilman Hogue
stated we are setting precedent and asked if people applying for building
permits were not told they have to install curbs and sidewalks. Mayor
Gautereaux stated they were but in building and developing there can be
many unforeseen expenses; the City becomes the benefactor by virtue of the
fact that an improvement has been made and assessed valuation of the
property increased. The Mayor stated if someone needs a waiver for a
period of time and is willing to post a bond, it is reasonable and the
Council should reflect a spirit of cooperation and permit the person to do
part of the work and post a bond to guarantee the balance of the work.
Motion carried by the following vote,to-wit: Ayes: Colburn, Morgan,Gautereaux4
Nays: Allen, Hogue. Moved by Colburn, seconded by Hogue, the proper authorit r
be instructed to contact Mr. Robnett and allow him a waiver of sidewalks �f
only if he will put up a bond "`in the amount of the cost of the sidewalks
and that he will have these in; within a year, Carried, by the following vote,
2/16/65
14
to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None.
Mr. Robnett was present and was instructed to contact the City Manager
for information in regard to the bond.
MIIrtUTES of the Library Board of Trustees'
presented. Ordered filed by unanimous von
MINUTSS of the Park and Recreation Advisory fir
were presented. Ordered filed by nanimous vote.
COMMUNICATION from Barney Melillo, Secretary, Park
Board, requesting listing for the Chairman of PRAB
presented. Moved by Allen, seconded by Hogue, the
Carried by unanimous vote.
COMMUNICATION from John W. Gilmore, Manager, South Bay Plaza Shopping Center,
requesting waiver of bond and fees for free Kiddies' circus,was presented.
Moved by Allen, seconded by Morgan, the requestbe granted. Director of
Planning Stockman read the Planning Commission's recommendation of February
loth to grant the request subject to certain stipulations. Moved by Hogue,
seconded by Colburn, the motion be amended to includethe stipulations of
ended Motion Carried by•unanimous vote. Motion
the Planning Commission. Am
eting of February 3rd were
eeting of Pebrnary 4th
and Recreation Advisory
on the Agenda, was
request be granted.
carried by=the*foTlowin Vbte-, to.iwittA'yee: Allen; Colburn, Hogges,Morgan,
Gautereaux. Nays: None.
APPLICATION FOR TRANSFER OF ON..SALE GENERAL license by Harold F. Dodds, dba
The Westerner, 22 West 7th Street, was presented. Moved by Allen,seconded
by Colburn, the application be filed, Carried, by the following vote,to-wit:
Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan.
COMMUNICATION from C. Osburn, Assistant City Manager, in regard to increase
in employee group insurance premiums, was presented. Moved by Allen,seconded
by Morgan, the increase in Employee Group Insurance premiums be approved.
Councilman Colburn asked the City Manager if this is cause for possible
notification to other insurance companies. City Manager Hess stated the
Employees' Association is undertaking a study of other insurance carriers;
however, in the interim we still need the coverage. Motion carried by
the following vote,to-wit: Ayes: Allen, Colburn, Hogue, Morgan,Gautereaux.
Nays: None.
CITY --MANAGER HESS reported receipt of a request from the Altrusa Club for
a no -fee permit for a rummage sale March 5th and 6th, 1965, proceeds to be
used for charitable and civic projects, and suggested their request be
granted. Moved by Hogue, seconded by Allen, the request for a no -foe
permit be granted. Carried, by the following vote, to -wit: Ayes: Allen,
Colburn, Hogue, Morgan, Gautereaux. Nays: None.
CITY MANAGER HESS reported receipt of two reports from the San Diego County
Water Authority dated January 31st and February 16th, 1965, concerning
administrative matters, and suggested they be filed. Ordered filed by
unanimous vote.
CITY MANAGER HESS reported he received a communication from the City of -
Coronado, acknowledging receipt of Resolution 8846 regarding the elimin-
ation of requirement for installation of smog control devices, and suggested
this be filed, Ordered filed by unanimous vote.
CITY MANAGER HESS reported receipt of a request from the Chairman of the
Maytime Band Review for use of Kimball Park Community Building for the
majorette contest April 17, 1905, on a no -fee basis; the City Manager
suggested this be granted and, also, that they have use of the Kimball
Park Bow/ after the Maytime Band Review, May 1, 1965. Moved by Morgan,
seconded -by Colburn, the request be granted. Carried, by the following
vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None.
CITY MANAGER HESS reminded all present of the U. S. Army Corps of Engineers
meeting in regard to the proposed Sweetwater Valley Flood Control Channel
this Thursday at 10:30 a.m.in the County Board of Supervisors' Chambers.
Vice Mayor Allen stated that he and City Engineer Foster were designated
to attend the meeting.
2/16/65
15
CITY MANAGER.I{ESS reported receipt of a communication from C. L: Foster,
Manager, U., S. National Bank, stating the National City Kiwanis Club, in
cooperation with the Citizens' Committee and the International Christian
Leadership Foundation, wished to reserve the Kimball Park Community
Building on a no -fee basis, Wednesday, March 24th, 1965, for the first
Annual Mayor's Prayer Breakfast. The City Manager suggested the request
be granted. Moved by Morgan, seconded by Colburn, the request be granted.
Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue,
Morgan, Gautereaux. Nays: None.
CITY MANAGER HESS stated the following individuals are eligible for step
increases, which were approved by their Department Heads: Mary E. Drake
to Step B, Benny McLaughlin to Step D, Helen Mueller to Step B, Jerroldene
Vogt to Step E, Charles Palomino to Step B, Clarence Wright to Step B,
Pauline Westbrook to. Step E, Frank Higgins to Step D, Lillie Cornelius to
Step E and Leonard Wonder to Step C. The City Manager recommended the
step increases be granted. Moved by Allen, seconded by Colburn, the step
increases be granted. Carried, by the following vote, to -wit: Ayes: Allen,
Colburn, Hogue, Morgan, Gautereaux. Nays: None.
CITY MANAGER HESS stated in regard to the purchase of the Geissert property
at 5th and Euclid (development of Euclid Avenue), utilizing 186.1 gas tax
money, the escrow was closed and we have been refunded.$11.63 by the Bank
of America. The City Manager suggested the $11.63 be deposited in the
186.1 Gas Tax Fund and the signed copy of the escrow receipt be returned
to the Bank of America. Moved by Allen, seconded by Colburn, the City
Manager's recommendation be approved and the Mayor be authorized to sign.
Carried by unanimous vote.
CITY CLERK MINOGUE read a communication from City Engineer Foster,
recommending the petitioned improvement of 9th Street and "K" Avenue be
authorized, street improvement plans be prepared by private engineering
for approval by the City, the City Engineer prepare the specifications,
estimates and costs of work and that any necessary right-of-way be properly
dedicated for public use. Moved by Morgan, seconded by Allen, the City
Engineer's recommendation be approved and the matter referred to the,
proper authorities to proceed with the 1911 Act. Carried by unanimous vote.
CITY CLERK MINOGUE reported she received a communication from Senator
Kuchel, acknowledging receipt of the Resolution urging construction of
an animal..proof fence in San Diego County along the International Border,
which will be on file in her office.
CITY CLERK MINOGUE reported receipt of the Annual Report of Financial
Transactions concerning Streets and --Roads of Cities and Counties of
California for the fiscal year 1963-64, which will be on file in her
office.
CITY ENGINEER FOSTER reported approval by the State of the project on
Euclid Avenue between 4th and 8th Streets is near and requested authority
be given to advertise as soon as it is received, Moved by Colburn,seconded
by Hogue, the City Engineer's request be approved. Carried by unanimous
vote.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommendation
of February l0th to grant Albert and Ruth Hardcastle permission to care for
four ambulatory patients in their home at 541 "V" Avenue under certain
conditions. Moved by Alien, seconded by Morgan, the Planning Commission's
recommendation be approved, and Planned Development Permit be issued.
Carried by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN stated the Planning Commission is studying a
new conception of zoning, which would permit planned unit development for
single family residences; the Sweetwater Road Annexation could be placed
into the proposed R»1-SP, which would permit the developer to cluster his
homes. wit stated it would require a 10,000 square foot building site for
each homelthe developer would be permitted to cluster his homes on 6,000
square foot building sites with the balance of 4,000 square feet being
2/16/65
16
preserved in an open landscaped area.. The Director of Planning stated a -
public hearing has been set for February 24th, at which time they will con-
sider this zoning.- councilman Hogue asked why we don't work out the same
situation with C-2-P-D to limit what can be put in there; and asked if it
would be possible to apply this to other zonings. Director of Planning
Stockman stated it is the idea -of the Planning Commission in regard to the
Bag -lest -Annexation zoned C-2..P-D that anything to the west should go into
a C-2-P-D. Vice Mayor Allen asked if Mr. Patten's property was west of
the Eagles and was advised it was east and the reason for Mr. Patten's
request for this particular zoning is that the property is on an incline.
Mayor Gautereaux stated he favored this approach and the study on this.
zoning; due to the topography of National City,with view lots of the rolling
hills, there is probably a greater need than any place in the South Bay to
be able to take advantage of irregular shaped lots resulting from.a slope.
Vice Mayor Allen asked Mr. Patten, who was in the audience, if he would
rather have this type zoning than what he originally requested. Mr. Patten
stated -he would take whatever zoning he is given and that under the R-4-P-D
or C-2-P..D--the City has complete control of any development; if the area
is zoned R-1-S, he will see what can be developed and if it doesn't work,
he will probably come back and ask for another zoning. Councilman Morgan
said they should wait for the Planning Commission hearing and then decide
what to do. Director of Planning Stockman stated, with the development of
the General Plan, it was her belief a floating planned development zoning
could be created to be used in any zone, whether it be commercial, indus-
trial or residential, and be subject to planned development in any zone.
Mayor Gautereaux asked if there would be sufficient time for the Council
to consider some type of model ordinance which could be considered prior
to the time of the hearing to clarify this to the Council. Mayor Gautereaux
recommended we have a model ordinance prior to the time of the hearing on
Wednesday, February 24th. Moved by Morgan, seconded by Colburn, the Mayor's
recommendation be approved. Carried by unanimous vote.
VICE MAYOR ALLEN stated after all the opposition and arguments and the
hard work by all the Committees, bond drives, etc., he can't get it off his
mind we have finally succeeded in putting to bid a new Civic Center.
MAYOR GAUTEREAUX stated in regard to the problem of alleviating traffic
on Manchester Street and giving access to the Bayview Bills housing in
the Paradise Hills area, taking traffic off a desirable, residential street,
there has been considerable work done onthis program and reports of the
City Manager and City Engineer embrace the City of San Diego as to a joint
project as to how it can be approached and accomplished. Mayor Gautereaux
asked the City Manager if this project has been taken to the staff of the
City of San Diego, and this be considered something that we may attempt to
accomplish in the very near future if it is feasible.
MAYOR GAUTEREAUX stated in regard to the continued requests for filling the
Duck Pond and putting 30th Street through or the way by which we can put
through 30th Street, it embraces the cooperation of the County of San Diego.
The Mayor said he discussed this with one of the County Board of Supervisors
who stated he would look into this project and possibly work with us toward
a joint procedure with the County to fill the Duck Pond and put through
30th Street into the industrial area. Mayor Gautereaux suggested the City
Manager and his staff proceed with this project. Moved by Morgan, seconded
by Colburn, the Mayor's recommendation be approved. Carried by unanimous
vote.
MOVED BY MORGAN, seconded by Colburn, the meeting be closed. Carried by
unanimous vote. The meeting closed at 8:57 p.m.
MA OR, CITY OF(NATIiAL CITY, CALIFO
ATTEST:
City Clerk (
2/16/65