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HomeMy WebLinkAbout1965 07-13 CC MIN156 National City, California, July 13, 1965 The regular meeting of the City Council was called to order by Mayor Gautereaux4 at 7:30 p.m. COUNCIL MEMBERS PRESENT: Allen, Colburn, Hogue, Morgan* Gautereaux. Absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Gautereaux, Huffaker, Minogue, Osburn, Stockman,* Associate Civil Engineer Newberry. The meeting was opened with salute to the Flag led by City Manager Osbourn* followed with invocation by Councilman Morgan. MOVED BY HOGUE, seconded by Colburn, the minutes of the adjourned meeting of June 22 and the minutes: of the regular meeting of July 6 be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS reported in regard to the escrow for the Fiecuir Construc- tion Company on the corner of 24th Street and Wilson Avenue.* the original escrow provides for a reverter clause in the deed to go to the purchaser if construction does not begin within the given period of time. The City Attorney said he received several calls from Myron Kaminar, attorney representing the Fiedler Construction Company* indicating there were some problems with financing because of the reverter clause in the deed; they requested an alternative method to give the necessary guarantees to the City in exchange for eliminating the reverter clause. City Attorney Carstens stated he received a letter at 5:00 p.m., July 13, from Mr. Kaminar indicating he could represent definitely to the Council the FLec:ler Construction Company has a lease already executed by the Mueller Trucking Co., they already have a commitment for the financing of the construction from First National Bank and also they have spent $35,000,00 to date on improvement of the land. Mr. Carstens stated what they were requesting was the Council eliminate from the deed and from the escrow instructions the requirement for a reverter clause* in effect they were submitting to the Council they have indicated their faith and good intentions. Mayor Gautereaux inquired if they would be willing to give the City a deed that_ could be executed if they did not perform within the specified number of days. City Attorney Carstens stated this was not specifically discussed today but was an alternative discussed previously; they could execute a deed back to the City which would be held and if the condition of construction was not met the deed could be recorded. Councilman Morgan asked if an as rement could be drawn up and recorded just a few minutes before the loan is granted. City Attorney Carstens stated their construction loan would want to record concurrently to prevent any encumbrances. Mayor Gautereaux recommended the City Attorney ask the Ficdlar Company if they would be willing to give the City a deed which could be recorded if they did not perform as the guarantee. City Attorney Carstens stated they did indicate a tentative willingness to do that but it was not discussed today, Moved by Colburn, seconded by Allen, the Mayor's recommendation be approved. Vice Mayor Alien stated the motion should iAslude that the City Attorney be authorized to withdraw the reverter clause f:rm the original deed, City Attorney Carstens stated it could be accomplished by including in the motion that the City Attorney and the City Manager be authorized to amend the escrow. Moved by Colburn, seconded by Allen, the Cit torney's recommendation be included in the motion, Carried by unanimous vats, MAYOR GAUTEREAUX presented a "key to the City" and certificate o.f appreciation for his many services to the City to Frank Anderson; Mr. Anderson is to be transferred to the San Francisco office of Van Waters and Rogers, CCNCILMAN HOGUE Atated last week he referred to a budget item in the ano:^nt - of $850,00 for a tot lot in El Toyon Park; inadvertently he quoted -frog the budget for last year; there is no budgeted item this year. COUNCILMAN MORGAN inquired if the City Manager's report on Fifth Street-wov1& include the "banjo"; he visited the site and it appeared cars would not be able to turn around, City Manager Osburn stated it would be included in the-t report, 7/13/65 157 COUNCILMAN HOGUE inquired if the City Manager., could take a budgeted item, voted by the Council, out of the Budget. Mayor Gautereaux explained items were not carried over from one fiscal year to another if the money was not used within the year for which it was budgeted, Councilman Hogue inquired if it would be possible to reduce the amounts budgeted this year for Council and Department Head Travel and Conference or to send only one policeman to F.B.I. school and have $850.00 fox the tot lot at El Toyon Park. Mayor Gautereaux stated it might be possible to take a positive step to put the amount back in the budget under unapprioriated contingencies. COUNCILMAN MORGAN referred to the City owned land between National and Highland advertised for sale for which three offers were received from Acme Chevrolet, Stanley Dodge, and Webster Pontiac, and stated the City needs the money from the land sales. Moved by Morgan, seconded by Colburn•7 the three land sales in the vicinity of National be authorized to be put into escrow. Councilman Hogue stated it was turned over to Planning and asked the Director of Planning to report on its progress. Director of Planning Stockman reported the Planning Commission report came before the City Council recommending zoning changes but the Council did not direct the Planning Commission to proceed with the changes. Moved by Morgan, seconded by Colburn, to include in the motion the Planning Commission be directed to proceed with the zoning changes. Vice Mayor Allen stated the sales were contingent on the zone changes .end the first part of the motion could not be accomplished until the Planning Commission accomplished the changes. Councilman Morgan stated it could be a contingency of the escrow, Mayor Gautereaux stated he favored the sale of the property but he was concerned with how soon they proposed to build and what they planned to build on the property. Director of Planning Stockman stated the communication she saw indicated they planned to extend their automobile agencies to the property in the back; it was the recommendation of the Planning Commission an ordinance be prepared that the plans would have to be approved by the City Council upon recom- mendation of the Planning Commission and deed restrictions stipulate the City Council approve the plans, Mayor Gautereaux stated it was obvious from the size of the parcels and the agencies aiItg the offers it would be impossible for them to utilize all of the property in auto storage and auto accessory type buildings and he was sure they had in mind things other than expansion of their own facilities and he had no objection to this providing the land is put to use. In answer to Vice Mayor Alien's question* Director of Planning Stockman stated the Council did not authorize her to hold public hearings necessary for the zone changes. Vice Mayor Allen stated this was the reason why the motion to go into escrow was not proper; also it was possible someone else might offer the City a better deal if they knew it was going to be zoned. Councilman Morgan stated he talked to Webster and Stanley and what they want to do is to get another new car agency in there, Moved by Hogue, seconded by Alien, it be tabled until the public hearings have been performed by Planning and until the people who are purchasing the land bring to us a plan of what they intend to use the land for ayor Gautereaux suggested the motion include the City Manager be authorized to bring these people in and sit down and talk to them. Moved by Hogue, seconded by Allen, the Mayor's recommendation be included in the motion. Mayor Gautereaux stated it would be foolish to start the hearingsuntil it was known what needed to be accommodated. Carried by unanimous vote. MOVED BY COLBURN, seconded by Hogue, the item in regard to the tree planting. uo exam be brought back to the floor. Mayor Gautereaux suggested the coznrunicat t t_oi Mrs. Ramon Yahnke in regard to City maintenance of a tree nursery (listed under new business) also be considered. Motion carried by unanimous vote. Councilman Colburn stated the motion was tabled last week because it did not specify the amount of money or a definite street and sugested one of the five streets (in the report) which are 100% graded and ready for planting and in price range the City could afford this year be named, Councilman Colburn stated one of the Streets is Cleveland Avenue at an estimated cost of $2,700 and the City Manager mentioned in conversation it might be possible to generate approximately $3,000.00. Moved by Colburn, seconded by Morgan, the City Manager report on the amount of money which might be generated if a street was chosen to be planted under the program, Councilman Colburn stated he mentioned Cleveland Avenue because it was a frontage road. Ey`a 3/bS 158 Vice Mayor Allen stated McKinley not Cleveland was the frontage road. Council- man Colburn suggested Euclid Avenue might be planted. Vice Mayor Alien asked if the City Engineer could advise the Council as to Euclid Avenue. Associate Civil Engineer Newberry said the only section of Euclid Avenue with parkways capable of handling trees is from Division to Fourth and that section is planted,: Councilman Hogue stated he thought with the improvement of streets sufficient width was to be provided for trees. Councilman Morgan inquired if the trees removed from 16th Street during the 1911 Act Improvement were to be replaced, and if it were possible to provide for tree planting under the 1911 Act. City Manager Osburn stated for some time the City has had a tree planting program, planting approximately 100 to 150 trees a year; in some instances diseased trees are removed and replaced with new trees of the proper type fax the parkway at no cost to the property owner; in new areas people are charged for the trees and given instruction as to the basic care And in some instances the City waters and keeps up the trees. The City Manager continued the trees removed from 16th Street were probably in the City's right-of-way if they were removed; to plant new trees under a 1911 Act the petition would have to call for it. Associate Civil Engineer Newberry stated most of the streets are 60' and when a 40' travel -way is built the parkways can be only 30"; on an 80' right-of-way, with four lanes there is no room for parkways, only sidewalks; Euclid from Division to Fourth was 94', almost unheard of in National City. Councilman Hogue stated it wasn't practical to plant trees in that case. Mayor Gautereaux said it was not only impractical but impossible. Associate Civil. Engineer Newberry stated on 16th street the sidewalk will be against the curb, leaving 5' behind it which more or less becomes part of the front yard, which would allow for planting almost any kind of tree partly on private property and partly on City property. Director of Parks Gautereaux reported the trees under discussion on 16th Street are in the vicinity of Earle Drive and where there is 5' between the sidewalk and property line, trees could be planted just inside the 5' line where the planting could be controlled. The Director of Parks also reported on the present tree planting program and the species of trees whict could be planted in 30" parkways and the 5' strips. Director of Parks Gautereau' stated new trees would be planted in the area questioned by Councilman Morgan. Councilman Hogue inquired if trees could be planted as indicated in the report Councilman Colbuxn discussed. Director of Parks Gautereaux said this was so and one street which could be planted immediately was Roosevelt Avenue coming south from Main Street. Mayor Gautereaux asked about 8th Street and Councilman Colburr stated it was 70% ready and would require an expenditure of about $12,000. Councilman Colburn stated he was not recommending any one street to be improved but merely that the City Manager's office specify an amount of money that could be generated for tree planting if requested. Mayor Gautereaux asked if the communication from Mrs. Yahnke could be included in the report for the purpose of evaluation. Moved by Colburn, seconded by Morgan, the communication be included in the motion, Carried by unanimous vote. VICE MAYOR ALLEN stated he has been working for several months as Chairman of the Chamber of Commerce Military Affairs Committee and there was one man who helped immensely. Moved by Allen, seconded by Gautereaux, Captain George Whiting of the Naval Station be presented with a certificate of appreciation from the Council for his cooperation. Carried by unanimous vote. MAYOR GAUTEREAUX reported he was notified by the San Diego County Water Authoritt the term of Charles Kerch, National City's representative to the Authority, has expired. The Mayor stated with the approval of the Council, in view of the City' position in regard to water, he would like to serve as the City's representative. Moved by Allen, seconded by Hogue, the Mayor be appointed National ( ty's representative to the San 0Agoo County Water Authority. Carried, by the followfi.t vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. COL. FOSTER, 1071 Carlsbad, Spring Valley, representing the National City Chambe> of Commerce was present and read a resolution adopted by the Chambers Board of Directors petitioning the Bureau of Yards and Docks, Department of the Navy, to transfer title of 10 acres of land west off and adjacent to Fort Rosecrans National Cemetery to the Quartermaster, United States Engineers for annexation to Fort Rosecrans National Cemetery. 7/13/65 159 Mr. Foster requested the City Council adopt a similar resolution. Moved by Morgan, seconded by Hogue, the City Attorney be authorized to prepare a similar resolution. Carried by unanimous vote. C.L. FOSTER also stated the Council acted to protest the application for an on - sale beer license by Side investment, Inc. last week and reviewed some of the circumstances leading to the moving of the proposed restaurant building from 8th to 9th Street as a result of previous protest and displayed a rendering of the proposed building. Mr. Poster read a resolution adopted by the Chamber of Commerce's Board of Directors urging the City of National City to support, assist and encourage Side Investment Company to construct a Bavarian Cafe at 137 East 9th Street and requesting the Council draft a resolution to the Alcoholic Beverage Control Board urging approval of the application. Moved by Allen, seconded by Colburn, it be referred to the City Attorney for drafting of a resolution as recommended by the Chamber of Commerce. Councilman Colburn inquired if this would cancel the Council's action to protest the license. Councilman Hogue stated he was not against the development of property and might have voted for it had he known: it was outside the 300' limit; he would like the applicant to bring in a set of plans showing where the building is going to be, the nature of it, etc., and if it is outside the 300' and the Chief of Police has nothing against it, he would be for it. Vice Mayor Allen inquired if the Planning Commission could contrbl the building of the restaurant. Director of Planning Stockman stated as this was a permissable use under the zoning ordinance there would be no control requiring Council action, possibly the resolution could be so worded that the protest would be withdrawn only if the on -sale license is issued to a restaurant structure. City Attorney Carstens stated a resolution was unique so far as the ABC is concerned, ordinarily a protest or withdrawal of protest would be by letter; it might be more effective to write a letter withdrawing the protest. The City Attorney stated if the Council wished to withdraw the protest he would suggest his office write a lette withdrawing the protest. City Attorney Carstens stated he believed there were motions of the ABC Act which provide for the issuing of a license on condition; if the Council wishes to have the license issued to a restaurant or in conjunc- tion with the serving of food this could be done; if they wished to protest the issuing of an open license but would not protest it on condition it was limited to a bona -fide eating place, that would be the condition; conditions could to be put on by the ABC. Councilman Hogue asked if a letter could be sent ABC requesting them to table the item until the Council reviewed the plans. City Attorney Carstens stated it would be some time before they scheduled the hearing; if the plans were shown within a short time, there would be time to determine whether or not to protest or withdraw the protest; ABC would not table it at the City's request, the City will either protest or not protest. Councilman Hogue asked the City Manager if th address on 9th Street would be far enough away from the Church to be considered a legal area. The Ci Manager stated he did not know. Vice Mayor Allen stated this was the ABC's perogativw. City Attorney Carstens stated there are no specific, definite standards, the Act provides'within the immediate vicinity" and it was a matter of interpretation what was immediate,, there is considerable leeway. Bob Worthy, 1223 Manchester Street, representing the National City Jaycees, was present and stated he was appointed by the Jaycees to appear before the Council and ask them to re -consider the protest to this bona -fide restaurant. Motion and second were withdrawn. Vice Mayor Allen reviewed the background of the attempts to obtain a license for the xest aurant. Moved by Allen, seconded by, Colburn, the protest to the issuance of the license be withdrawn and on the presentation of plans by these people, approved by the Council we issue a permit and let them build. E.H. Alsdorf, 2105 "J" Avenue, was present and stated if the City wished to withdraw their protest it could be accomplished by not being represented at the hearing and stated he was against the Council's with- dral of protest. Motion failed, by the following vote, to -wit: Ayes: lien, Colb`xrn, jays: Hogue, Morgan, Gautereaux. Moved by Hogu e the ABC be asked to hold up the hearing until the plans are presented to the Council and the Council is shown what type of building will be put up and where it will be. Mayor Gautereaux stated Mr. Carstens said this could be done by doing nothing and Mr. Foster can have the applicant at the next meeting. Councilman Hogue said if he could be shown it was to be on 9th Street and away from the area where it could be protested, he would be for it. 7/13/65 160 A COMMUNICATION FROM THE SAN DIEGO COUNTY CHAPTER, National Cystic Fibrosis Research Foundation, requesting a "no -fee" permit to conduct a fund raising campaign in National City during the months of July and August, 1965, was presented. Moved by Allen, seconded by Hogue, the request be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A PUBLIC UTILITIES COMMISSION NOTICE OP PUBLIC HEARING, in the matter of the application of San Diego Transit System for authority to increase fares, to be held Monday, July 26, 1965, 10;0O a.m., Room B-109, State Building, 1350 Front Street, San Diego, was presented. Moved by Allen, seconded by Gautereaux, the City Attorney be instructed to appear on behalf of the City to protest. Mayor Gautereaux reported he attended the hearing held today by Governor Brown realitive to whether or not he should sign the transit enabling bill. Mayor Gautereaux stated under the present ownership it was necessary to raise the fares of school children and curtail routes. The Mayor stated the Governor has not sighed the bill, there are thirty days during which he may either sign or veto the bill• the Governor stated there is a responsibility to provide mass transit and it would appear a districor authority might be the way to provide it; and this legislation does provide for a district. Vice Mayor Allen stated the Governor requested the people of the area write to him expressing their personal views on transit within the next ten days to help him hake a decision. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION FROM RAYMOND HEMKE, in regard to his retirement effective July 30, 1965, was presented. Moved by Allen, seconded by Hogue, the retirement be accepted and a certificate of service be given to Mr. Henke. Cdrried by unanimous vote. CITY MANAGER OSBURN reported the Santa Fe Railroad requested an oversized driveway near 24th Street and Tidelands Avenue, plans were available for review, and action was to be taken at the next Council meeting. CITY MANAGER OSBURN reported receipt of the architect's report for the month of June and construction of the Civic Center as of June 30, 1965, is ahead of the CPM schedule and progressing smoothly; the EOC concrete work is approx- imately 60% completed and by the end of July the concrete roof and waterproofing of the EOC will be completed. CITY MANAGER OSBURN reported he had Civic Center progress payment No. 2 in the amount of $71,149088, approved by the architect, and recommended it be paid to Raymond Whitwer, General Contractor. Moved by Hogue, seconded by Colburn, the payment be approved and warrant ordered drawn for same. Councilman Morgan asked if the bonding company is notified when these payments are made. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux, Nays: None. CITY MANAGER OSBURN stated Gene Horton and Blanche Harrah were elrigible for step increases, approved by their Department Heads and the City Manager. Moved by Hogue, seconded by Allen, the step increases be approved„ Carried by unanimous vote. CITY MANAGER OSBURN reported the Nat -Par Colt League requested the use of ten, folding tables and 100 folding chairs at a dance, July 17, Olivewood Women's Club, for a foe of $1.00, and recommended it be approved. Moved by Morgan, seconded by Hogue, it be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN presented the report of the San Diego County Water Authority operations for the month of June, 1965. Ordered filed by unnmious vot CITY MANAGER OSBURN presented five City Manager and the City Attorney Pacific Video Cable, Walton Jeeps, the Griffith Co. Ordered filed by certificates of insurance reviewed by the and which appeared to be in proper order; Hazard Contracting Co. (two), and unanimous vote. 7/13/65 161 MINUTES OF THE REGULAR METING OF THE PARK AND RECREATION ADVISORY BOARD, July 1, 1965, were presented. Ordered filed by unanimous vote. CITY'MANAGER O!RURN stated in regard to the chairs to be installed in the 'Council Chamber and the Court Room in the new Civic Center, two chairs are on display in the City Manager's office; bids were received for the chairs. The City Manager said one chair has a painted back and the other a plastic back; the plastic back will save an estimated amount in maintenance the first five years to make up the $624.00 difference in cost over the chairs with the painted backs. Moved by Alien, seconded by Colburn, the more expensive chairs be purchased, Carried, by the following vote, to -wit: Ayes: Allen, Colburn Hogue, Morgan, Gautereaux. Nays: None. ASSOCIATE CIVIL ENGINEER NEWBERRY reported curbs were installed on Euclid from 4th to 8th Streets, the rough grading was completed on Euclid from 8th to Plaza; the curbs were installed on 30th from Coolidge to the Railroad, the storm drains were 60% complete on 16th Street, and the utility companies see working on the 9th and K 1911 Act Project. Councilman Hogue said he appreciated the Engineer's reports. DIRECTOR OF PLANNING STOCKMAN stated in regard to the referral back to the Planning Commission of the recommendation to grant a planned commercial development permit to the Eagles on Sweetwater Road, taking under consideration conditions Nos. 16, 17, 18, 19, the Planning Commission made the following recommendations: No. 16 may be restricted, that is taken care of by the Eagles under their plan. No. 17, in regard to the distribution and communication utilities and facilities within the boundaries of the planned commercial development shall be underground except due to the northerly 30' of the area becoming inundated periodically, aerial facilities from existing poles of Sweetwater Road to the proposed building shall be permitted; this would permit the Eagles to use the poles on Sweetwater Road, extend electricity and telephony wires from those poles to the structure; any other utilities would be under- ground, outside lighting, etc. No. 18, requiring the hiring of a competent qualified landscape architect to do the landscaping plans bad been withdrawn and they now recommended complete plans fox landscaping shall be approved by the City Council upon recommendation of the Planning Commission prior to installation. No. 19, it was now recommended the word outside be incorporated, to require only that outside sound system, public system, music system, be turned off at 8:00 p.m. Mrs. Stockman stated this was worked out with the Eagles and she believed they were in accord and recommended the planned commercial development permit be iissued subject to the F.revious recom- mendation and the corrections as noted. Moved by Allen, seconded by Hogue, the recommendation of the Planner and Planning Commission b e approved. Councilman Morgan inquired if a bond would be required for the waiver of curbs and sidewalks. Director of Planning Stockman stated the waiver was recommended with no requirement for bond; the drainage and grading at the present time were such they could not be required; one of the conditions was they be installed at the expense of the Eagles when the grading, etc* is established. Councilman Colburn inquired about the connections for the underground utilities, would there be a box or unit above the ground. Director of Planning Stockman stated there would have to be a provision made for the utility companies to turn off service in case of emergency. Councilman Morgan asked if an agree ment could be drawn up requiring installation of curbs and sidewalks when grading is completed or the City make the installation and charge the invidivual instead of requiring bonds; City Attorney stated this type of agreement has has been used in the past, the purpose of the bond was to protect the City in the event the individual is no longer around when it is time to put in the sidewalks. Motion carried, by the following vote, to -wit: Ayes: Allen, Colbur: Hogue, Morgan, Gautereaux. Nays: None. JOHN EOHLING, 3430 Randy Lane, Chula Vista, representing the Eagles, was present and thanked the Council, Planning office and Engineering Department fox their Cooperation and consideration. 7/13/65 162 MOVED BY MORGAN. seconded by Ailen, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:28 p.m. ATTEST: 7/13/65