HomeMy WebLinkAbout1965 06-15 CC MIN131
National City, California, June 15, 1965
The regular meeting of the City Council of National City was called to order
by Mayor Gautereaux at 7:30 p.m, Council members present: Allen, Colburn,
Hogue, Morgan, Gautereaux. Council members absent: None.
ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Deputy City Clerk Cornelius,
Foster, Gautereaux, Hess, Osburn, Stockman.
The meeting was opened with salute to the Flag led by City Manager Hess
followed with invocation by the Reverend H. Stonier-Hamnett, St. Matthews
Episcopal Church.
MAYOR GAUTEREAUX recognized Yolanda Groenewold Gonzales, an exchange student
from Mexico City, who will be graduated from the National City Junior High
School. Miss Groenewold was presented with a "key to the City" by Mayor
Gautereaux.
MOVED BY COLBURN, seconded by Hogue, the minutes of the regular meeting of
June 8th be approved. Carried by unanimous vote.
RESOLUTION NO. 8937, "RESOLUTION SUPPORTING PROPOSAL FOR AN ADDITION TO TORREY
PINES STATE RESERVE," was read. Moved by Colburn, seconded by Hogue, the
Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen,
Colburn, Hogue, Morgan, Gautereaux. Nays: None.
RESOLUTION NO. 8938, "RESOLUTION REQUESTING ACCESS ROADS ONTO INLAND FREEWAY
INTERCHANGE AT THE INTERSECTION OF ROUTE 54 AND ROUTE 805," was read. Moved
by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the
following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None.
RESOLUTION NO, 8939, "RESOLUTION AUTHORIZING ELUTION OF AN EASEMENT TO SAN
DIEGO AND ARIZONA EASTERN RAILWAY COMPANY," was read. Moved by Alien, seconded
by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit:
Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None.
RESOLUTION NO. 8940, "RESOLUTION IMPLEMENTING RESOLUTION NO, 8871, AUTHORIZING
CITY MANAGER TO EXECUTE JOINT POWER AGREEMENT ESTABLISHING A COOPERATIVE
REGIONAL LIBRARY SYSTEM," was read. Moved by Hogue, seconded by Colburn, the
Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen,
Colburn, Hogue, Morgan, Gautereaux. Nays: None.
ASSISTANT CITY MANAGER OSBURN reported sealed bids for the improvement of
Euclid Avenue, 8th Street to Plaza Boulevard, were opened in the City Clerk's
Bfflee at 3:00 p.m. yesterday; five bids were received as follows.: R. E.
Hazard Contracting Company $37,679.00; Daley Corporation $42,945.00; Ferry
Bros. Construction Company $38,391.00; Griffith Company $42,143.85; Sim J.
Harris Company $47,620.00. The Assistant City Manager stated the City Engineer
recommended the contract be awarded to the R. E, Hazard Contracting Company
and all either bids rejected. Moved by Allen, seconded by Colburn, the City
Engineer's recommendation be approved. Carried by unanimous vote.
RESOLUTION NO. , resolution of award of contract (Euclid Avenue,gthl Street
to Plaza Boulevard, Assessment District No. 142) was presented. Moved by Allen,.
seconded by Colburn, the reading of the Resolution be waived and it be adopted
by reading of the title only. Carried by unanimous vote.
RESOLUTION NO. 8941, "RESOLUTION OF AWARD OP CONTRACT (Euclid Avenue, 8th Street
to Plaza Boulevard, Assessment District No. 142)." Moved by Hogue, seconded by
Allen, the Resolution be adopted. Carried, by the following vote, to -wit:
Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None.
CITY ATTORNEY CARSTENS stated the Council directed him to investigate the
Spring Valley Sanitation District situation in Lincoln Acres; the County Coun-
cil's office advised no hearing has been scheduled on the Resolution of Inten-
tion; no notices were sent out as the hearing is not scheduled. The City
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Attorney stated he was assured all residents in the District who will be
affected will receive notices and will be allowed to appear and be heard
when the hearing is scheduled and held.
CITY ATTORNEY CARSTENS stated the Council requested he investigate the
possibility of taking immediate action in regard to the property purchased by
Canteen Service, particularly the one acre not subject to trust deed. The
City Attorney stated the six months extension which was granted to Canteen
Service has another three months to .:un and i.t appears with the litigation
involved it will be impossible for them to begin construction before the
termination date in September; it would appear they would be unable to
conform to the conditions of the sale. City Attorney Carstens said he could not
categorically state National City would prevail in court but there are grounds
to justify taking action now to get the property back as soon as possible
(failure of consideration, anticipatory breach, or other legal theory) and in
the event National City did not prevail on those particular theories; by the
time the three month period ended the lawsuit would be filed and could
be amended if Canteen Service did not have construction started. The City
Attorney stated it would be feasible to initiate a lawsuit now. Moved by
Allen, seconded by Morgan, the City Attorneyts recommendation be approved and
he be instructed to proceed. Mayor Gautereaux asked if the pri.nczpaIs were
contacted in regard to their feelings and if they still desired to develop
the property if the present litigation were resolved in their benefit. City
Attorney Carstens stated he talked to the attorney for Canteen Service and
got the impression he felt the litigation in which they are involved at present
would not be completed by the September deadline and because of the circum-
stances Canteen Service had to locate elsewhere and they have no intention of
locating in National City. The City Attorney advised the Council the fact 'hey
will not locate i n National City is sufficient grounds to initiate a lawsuit
now because of the basis on which the Council granted the extension of time.
Councilman Hogue asked if there was a possibility of getting the entire
property back. City Attorney Carstens said there was a possibility; the action
taken by the Council last Meek concerned the four acres subject to trust
deed and as Canteen Service has not made payments on the trust deed, they may
be taken back by trust deed.foreclosure; what was under discussion at the
present was the one acre not subject to trust deed. Motion carried, by the
following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None.
CITY ATTORNEY CARSTENS s1Aed. the Council requestei an opinion as to whether
or not there is a violation of City Ordinances in the case of a businessman
parking his cars on the street up to 120 hours and tying up the entire
block; Ordinance No. 827 and its amendments set forth the basic parking
regulations for the City of National City and unless there are signs posted
designating shorter periods of time, 120 hours is the legal maximum a car
may be parked. The City Attorney said with the few facts available to him,
he found no violation. Councilman Hogue suggested action be initiated to
eliminate the problem. Assistant City Manager Osburn read a letter from
Police Chief Cagle which referred to California Vehicle Code 22652, paragraph
(a) which provides for the removal of vehicles abandoned for a period of 72
or more consecutive hours and which recommended Ordinance No. 827 be amended
to conform with the State law and allow the Police Department to remove
abandoned vehicles from the streets in a shorter period. Moved by Alien,
seconded by Colburn, the recommendation of the Chief of Police be approved
and it be referred to the City Attorney to amend the Ordinance. Mayor
Gautereaux stated the important thing was the intent and if the intent
was to take advantage of the law by moving vehicles a few feet for another
72 or 120 hours possibly the Police could build up a case and establish
intent; if this was done effectively it would give the City Attorney or
District Attorney an opportunity to review such a case and take it to court
for de-ci.cion. City Attorney Carstens stated if it could be shown a car spec-
ifically identified by license number was parked for more than 120 hours and
moved a few feet and the same car was still in the vicinity 120 hours
later, in his opinion there was a violation. City Manager Hess stated he did
not feel there was a problem; this was not a downtown street and there was not
much traffic; also residents were not being deprived of parking spaces.
Councilman Morgan stated he received complaints. Motion carried by unanimous
vote.
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133
CITY ATTORNEY CARSTENS stated some weeks ago the Council adopted Resolution
No. 8870, authorizing the Mayor to sign a Joint Agreement between the City
of Chula Vista and the City of National City whereby National City would be
allowed to use the Pound facilities in Chula Vista; the Council of Chula Vista
took exception to the language recommended by us in one of the paragraphs
and they have suggested, through their City Attorney, we substitute a new
Paragraph 7 in the Joint Agreement. City Attorney Carstens stated he reviewed
the new Paragraph 7 and it fully protects the City of National City. City
Attorney Carstens stated the City Attorney of Chula Vista felt the original
paragraph was too broad and suggested the following language: "Chula Vista
shall not be responsible to any residents of National City or to the. City of
National City because of the destruction of any animal delivered to and
accepted by the Pound facilities pursuant to this Agreement. The City of
National City agrees to hold harmless the City of Chula Vista from any claims
arising from damage or injury to animals belonging to residents of the City
of National City and any animals delivered to the Chula Vista Pound facilities
residents or employees of the City of National City." City Attorney Carstens
suggested the change be approved and a Resolution prepared to allow the
paragraph to be changed. Moved by Morgan, seconded by Allen, the City
Attorney's recommendation be approved. Carried by unanimous vote.
the Fiedler
CITY ATTORNEY CARSTENS stated / escrow (property at 24th and Wilson Avenue)
was due to close at the end of last week but due to realignment problems
on Wilson Avenue did not. The City Manager stated the realignment would mean
a difference of a few feet. The City Attorney said when the realignment was
resolved the escrow would close.
budget
COUNCILMAN MORGAN read the motions to approve the budgets and the/votes for
the years 1958 through 1964.
COUNCILMAN MORGAN inquired about the disposition of the plans and specifications
for the Civic Center totalling $3,500.00. City Manager Hess stated he would
consult the architect and report.
COUNCILMAN MORGAN,using the blackboard, explained how he thought the drainage
at 24th and Wilson should have been handled, without giving 1.2 acres at the
SW corner to Walter E. Fiedler, Inc.
VICE MAYOR ALLEN announced he attended adult school graduation in the absence
of the Mayor and National City was the only city represented by an elected
official.
SILLS AUDITED BY THE FINANCE COMMITTEE
General Fund
Traffic Safety
Park
Trust & Agency
Special Street
Sewer
Civic Center
Total
were presented.
$ 21,160.86
3,938.54
1,666.80
25.00
26,803.81
1.283.63
24,508.11
$ 79,386.75
MOVED BY ALLEN, seconded by Colburn, the bills be approved and warrants
ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen
Colburn, Hogue, Gautereaux. Nays: Morgan
ASSISTANT CITY MANAGER OSBURN stated in regard to the policy for replacing
prior improvements (such as blacktop) at the completion of a 1911 Act
Improvement, Ordinance No. 734, Section 3, sets forth the material require-
ments shall be on file in the office of the City Engineer, Section 18a
sets forth the material shall be Portland Cement Concrete, Portland Cement
driveways constructed in accordance with Drawing 6-sB are imperative
because they do not allow moisture to soak the subgrade of the street from
the curb cut and cause weakening and failure of the pavement. Moved by Alien,
seconded by Colburn, the report be accepted. Motion carried, by the following
vote, to -wit: Ayes: Allen, Coeburn, Rogue, Gautereaux. Nays: Morgan
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6/15/65
1g4
E.H. ALSDORF, 2105 "J" Avenue,was.pre€ent ard stated he did not have side-
walks or auto entrance to his garage, the blacktop in question was put in
before the curbs were put in; there is nothing between the curbing now and
the property line. Carried, by the following vote, to -wit: Ayes: Aileen,
Colburn, Hogue, Gautereaux, Nays: Morgan*
ASSISTANT CITY MANAGER OSBURN requested additional time to prepare the report
(on the research of business licenses and whether or not there is discrimination
against small businesses or if individuals are paying a fair amount)due to the
complexity of the subject. Moved by Morgan, seconded by Alien, the request
be granted. Carried by unanimous vote.
MAYOR GAUTERSAUX inquired about the report on the displaying of used merchan-
dise and other items on streets and said he would like the report next week
if possible, Councilman Morgan suggested the City Manager be given ample time
to study the problems and place them on the Agenda when the reports are ready.
CITY MANAGER HESS reported in regard to the trip to Washington, Pennsylvania,
a couple of years ago, ell trips taken by members of the City Council have
been authorized by the City Council, approved and the bills have been paid.
Councilman Hogue stated it was not conceivable for anyone to predict the
outcome of any type of trip , it is difficult to measure the value of any
trip; something good comes out of every trip. Councilman Morgan outlined
the cost of the Washington, Pennsylvania,trip,
THE MINUTES OF THE LIBRARY BOARD OP TRUSTEES' meeting of June 2nd were
presented. Ordered filed by unanimous vote.
A COMMUNICATION FROM WALTER FUJIMOTO, FREELAND & BIRD, in regard to the air
conditioning design criteria for the Civic Center and Emergency Operating
Center, was presented, Moved by Allen, seconded by Morgan, it be filed.
Moved by Hogue, seconded by Colburn, the motion be amended to file with the
City Man.acer. Carried, by the following vote, to -wit: Ayes: Allen, Hogue, Colbuz
Morgan, Gautereaux, Nays: None.
A COMMUNICATION FROM THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION in
regard to pay increases was presented. Moved by Allen, seconded by Colburn,
it be referred to the Finance Committee. Carried, by the following vote,
to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None.
A COMMUNICATION FROM THE NATIONAL CITY FIREMEN'S RELIEF ASSOCIATION in regard
to pay increases and allowance of two merit pay steps for the rate of "Fireman"
was presented. Moved by Allen, seconded by Colburn, it be referred to the
rinance Committee, Councilman Colburn stated representatives of all employees'
a$socia't on are invited to Finance Committee meetings. Carried, by the following
vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None.
A REQUEST FROM MRS, P.G. SELVIG for a handicap business license permit to
operate an artificial flower shop was presented. Assistant City Manager
Osburn suggested it be referred to the City Attorney,. Moved by Morgan,
seconded by Colburn, the Assistant Cit Man er's recommendation be a roved.
Carried by unanimous vote.
A COMMUNICATION FROM THE CHAMBER OF COMMERCE in regard to their budget was pres-
ented. Moved by Alien, seconded by Morgan, it be filed with the City Manager*
Carried by unanimous vote.
ASSISTANT CITY MANAGER OSBURN requested a Finance Committee meeting be called for
Friday, June 18th, at 4:00 p.m, in the City Manager's office, Councilman Colburn
said he would call the meeting.
ASSISTANT CITY MANAGER OSBURN read a letter from Jack Dembo, withdrawing his
request for the closing of the alley from 15th Street to 16th Street between
National Avenue and "A" Avenue, asking the alley be left open and suggesting the
matter be reffered to the Traffic Safety Committee for consideration of stop
signs at the corner of 15th Street and pith Street as a control for the fast
traffic in the alley*
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135
The Arnistant City Manager suggested the matte be referred to the City
Attorney. Moved by Colburn, seconded by Hogue, the recommendation be approved.
Director of Planning Stockman stated the Planning Commission recommended that
the alley not be closed. Carried by unanimous vote.
ASSISTANT CITY MANAGER OSBURN reported receipt of a communication from the
U*S. Army Engineer Division, South Pacific Corps of Engineers, who are doing some
work in the San Diego area (Ocean Beach, Sunset Cliffs), and recommended it
be filed. Ordered filed by unanimous vote.
ASSISTANT CITY MANAGER OSBURN reported receipt of a communication from the
American Field Service, stating the National City Chapter would be host to ten
students from various countries at a pool party fox the students and their
"foster families" on Wednesday, June 23rd, at 7:30 p.m. at the home of Mrs.
T. McCartney, 1221 "K" Avenue, and the City Council was invited*
ASSISTANT CITY MANAGER OSBURN said the City Manager's office granted a no -fee
permit to Mrs. Rachel T. Eddleman, 1240 Harding Avenue, for a rummage sale
on June 16th at the VFW Hall, 102 East 16th Street, and requested Council
ratification. Moved by Allen, seconded by Colburn, the ezzatjemstuat
mproyed. Carried, by the following vote, to -wit: Ayes: Allen, Colburn,
Hogue, Morgan, Gautereaux. Nays: None.
ASSISTANT CITY MANAGER OSBURN stated each Councilman received a copy of the
minutes of the Finance Committee's June 4th meeting, and suggested the minutes
be filed. Ordered filed by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's June 14th
recommendation to grant a Commercial Planned Development Sign Permit to
enlarge the identification sign on the south side of the existing T.G.&Y
sign erected on the canopy of the building in the National City Plaza Shopping
Center, Euclid Avenue and Division Atreet, subject to certain restrictions.
Moved by Allen, seconded by Colburn,'Planning Commission's recommendation be
approved. Carried by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's June 14th
recommendation in regard to application for permission to construct an
identification sign for Thrifty Drug Store to be placed within the boundary
:lines of the National City Plaza Shopping Center, Euclid Avenue and Division
Street, to grant a commercial Planned Development Sign Permit to install and
maintain one 60 foot tower identification sign subject to the same type of
restrictions* Moved by Morgan, seconded by Colburn, the Planning Commission's
recommendation be approved. Carried by unanimous vote. Vice Mayor
Allen asked the Planning Commission to review our sign ordinances because with
the freeway going in and other businesses there will be requests from time to
time for higher and bigger signs. Director of Planning Stockman stated there
will be an all over sign ordinance prepared under the General Plan prog::am.
DIRECTOR OF PLANNING STOCKMAN stated at the request of the City Council con-
sideration was given to the extension of wholesale zoning east of National
Avenue to "B" Avenue to enlarge the automobile row, also the use of city -
owned lands between 22nd street and 23 Street west of Highland Avenue, and
it was recommended by the Planning Commission on June 14th that Highland
Avenue not be considered for car sales lots and they would look favorably
upon the extension of the wholesale zoning east of National Avenue to "B"
Avenue subject to certain restrictions; it was also recommended the Council
consider the opening of "B" Avenue between 22nd and 24th as an 80 foot right,.
of -way prior to the sale of the land. Director of Planning Stockman re -
mended, if the Council was in accord, a zoning change be initiated from an
R-4 Multiple Residence to a wholesale zoning to "B" Avenue and refer it to
the Planning Commission foe the necessary hearings. Moved by Morgan, the
Planning Commission's recommendation be approved except "B" Avenue from
22nd Street to 24th Street be a 60 foot right-of-way. Motion died for lack
of second.
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6/15/65
136
Moved by Colburn, seconded by Morgan, the Planningrecommendation
..be approved,.deleting _the portion of the o enin of "BPt Avenue_between22nd_
and 24th Streets. Councilman Colburn suggested more study be gi.vern_the
opening of "B" Avenue before it is approved. Vice Mayor Allen asked if app-
roving the extension of commercial zoning to "B" Avenue to use the block
behind them for paint shops, body shops, etc. Director of Planning Stockman
stated that would be the portion that would be worke3 out into the new
zoning hearings requiring restrictions.. Councilman Colburn asked if we could
request or demand of purchasers of properties on "B" Avenue if the type of
business going in there had an excessive noise, they be required to install
a certain type of building to block off a certain amount of sound. The
Director of Planning stated it is the intent of the Planning Commission to
work this type of control into the zoning along with the landscaping and
hedge that would keep out the sound; it was hoped by the Planning Commission
to make it stronger, that the Council would place deed restrictions to this
effect to control the structure that would go in there. Mayor Gautereaux
requested the motion be re -stated. "The Planning Commission's recommendation
be approved, deleting the portion of the opening of "B" Avenue between
22nd and 24th Streets.tr Motion carried by the following vote, to-wtt: Ayes:
Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None.
DIRECTOR OF PLANNING STOCKMAN stated in regard to the property on Highland
Avenue it was hoped by the Planning Commission that a large contract of
commercial development could be established on the City -owned land; however,
the particular requests that were received by the City Council are within
the zoning established 125 feet west of Highland Avenue and could be used
as presently zoned and, outside of the automobile sales, no further action
would be required by the Planning Commission.
CITY ATTORNEY CARSTENS presented two resolutions granting planned development
sign permits. Moved by Allen, seconded by Colburn the reading of the two
resolutions be waived and they be adopted by reading of the title only.
Carried by unanimous vote.
RESOLUTION NO. 8942 "RESOLUTION GRANTING COMMERCIAL PLANNED DEVELOPMENT SIGN
PERMIT PURSUANT TO ORDINANCES NO. 1077 and 1112 (T.G.&Y.)." Moved by
Colburn, seconded by Allen, the_Resolution_be adopted. Carried, by the
following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None.
RESOLUTWO NO, 8943, "RESOLUTION GRANTING COMMERCIAL PLANNED DEVELOPMENT
SIGN PERMIT PURSUANT TO ORDINANCES NO. 1077 AND 1112 (Thrifty Drug Store)."
Moved by Hogue, seconded by Allen, the Resolution be adopted. Carried, by
the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's June 14th report
regarding application for Zone Variance Z-37 and recommended it be received
and returned to the City Council on July 6th for final action. Moved by
Allen, seconded by Colburn, the Director of Planning's recomi ndation be
approved. Carried by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN reported receipt of a Notice of Hearing on
the Morrison Annexation to the City of National City, to be held before the
San Diego Local Agency Formation Commission at 2:00 p.m., June 21, 1965.
The Director of Planning stated the annexation is south of Sweetwater Road
and cast of Edgemere Road. Mayor Gautereaux asked if there was any indication
as to what the action might be on the outcome of this annexation. Director
of Planning Stockman stated we have a report from Mr. Robert L. Small,
Executive Officer, to the Local Agency Formation Commission, recommending
they approve the proposed Morrison Annexation to the City of National City
on the condition that upon completion of annexation proceedings this area
be withdrawn from the Lower Sweetwater Fire Protection District.
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137
MOVED BY ALLEN, seconded by Colhurn, the City Treasurer's report for the
month of May be approvr.d and filed. Carried by unanimous vote.
COUNCILMAN MORGAN announced the opening of his pancake house at 700 "E" Street,
Chula Vista, and extended an invitation to the Council members and the
people in the audience to drop by after the meeting for refreshments or
dinner as his 'guest. Mayor Gautereaux extended congratulations
to Councilman Morgan.
MOVED BY MORGAN, seconded by Allen, *he meeting be closed. Carried by
unanimous vote. The meeting closed at 9:10 p.m.
ATTEST:
CITY CLERK
Revised
d'
M YDR, CITY/OF NAT +►NAL CITY, CALIFORNIA
6/15/65