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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 2/16/65 12 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