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HomeMy WebLinkAbout1964 05-12 CC MIN17 National City, California, May 12, 1964 Regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members present: Colburn, Hogue; Morgan, Gautereaux. Council members absent: Alien. ADMINISTRATIVE OFFICIALS present: Carstens, Foster. Gautereaux, Hess; Kerr, Minogue; Osburn Ruehle, Stockman. The meeting was opened with salute to the Flag by City Manager Hess.. followed with invocation by Councilman Morgan. Moved by Colburn, seconded by Hogue, the minutes of the regular meeting of May 5th be approved. Carried by unanimous vote. Absent: Allen. RESOLUTION NO. 8649, "RESOLUTION THANKING THOSE RESPONSIBLE FOR THE 17TH ANNUAL MAYTIME BAND REVIEW" was read. Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn Hogue. Morgan, Gautereaux. Nays: None. Absent: Allen. CITY ATTORNEY CARSTENS stated the next resolution was in regard to a subordination agreement involved in the escrow which closed yesterday or today for land sold to Walton Hinds, Margaret L. Hinds Bobby D. Walton, and Frances D. Walton by the City of National City. RESOLUTION NO. 8650; "RESOLUTION AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT (Hinds and Walton)" was read. Moved by Colburn; seconded by Gautereaux, the Resolution be adopted. Carried by the following vote to -wit: Ayes: Colburn Gautereaux. Nays: Morgan. Abstaining: Hogue. Absent: Allen. CITY MANAGER HESS read a letter from Golden Coast Oil Company in regard to 88/lO0ths of an acre they purchased in Bahia Vista Industrial District. They wish to sell 50 front feet of the 5/12/64 18 land to Burnett Furniture Company; funds to be applied to the note held by the City. The City Manager recommended the sale be approved with the contingency the funds be applied to the note and authority be given to the City Attorney and City Manager to draw up the necessary documents. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried; by the following vote to -wit: Ayes: Colburn, Morgan, Gautereaux.. Abstaining: Hogue. Absent: Allen. RESOLUTION NO. 8651 "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEEDS (Bahia Vista Development Corporation)" was read. Moved by Colburn: seconded by Hogue, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hogue, Morgan, Gautereaux. Nays: None. Absent: Allen. CITY ATTORNEY CARSTENS stated the next resolution authorizes execution of a quitclaim of easement from California Water and Telephone Company to the City of National City and from the City of National City to Walton Hinds Margaret L. Hinds. Bobby D. Walton and Frances D. Walton. Moved by Colburn, seconded by Hogue• the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. Absent: Allen. RESOLUTION NO. 8652, "RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEEDS". Moved by Colburn seconded by Hogue, the Resolution be adopted. Carried by the following vote to -wit: Ayes: Colburn, Hogue Morgans Gautereaux. Nays: None. Absent: Allen. ORDINANCE NO. "an ordinance amending Ordinance No. 827 and adding section No. 77d thereof (Taxicabs)" was presented for the first reading and read in full. CITY ATTORNEY CARSTENS stated the next ordinance 5/12/64+ 19 for first reading amends Ordinance No. 962 Zoning Ordinance by adding Section 4.27 providing (C-2-P-D) Commercial Planning Development Zone for Fritz Annexation and recommended the first reading be by title only. Moved by Colburn seconded by Hogue, the reading of the Ordinance be by title only. Director of Planning Stockman stated drainage easements and deeds are now in her possession and recommended they be accepted and referred to the City Attorney. Motion carried by the following vote to -wit: Ayes: Colburn Hogue, Morgan Gautereaux. Nays: None. Absent: Allen. ORDINANCE NO. "an ordinance amending Ordinance No. 962the zoning ordinance of the City of National City". Moved by Morgan seconded by Hogue the Director of Planning's recommendation in regard to deeds and easements for the Fritz Annexation be approved. Carried by unanimous vote. Absent: Allen. Councilman Colburn asked if a cab is running on a meter while a passenger was inside a building would this be considered loading and unloading. Moved by Colburn seconded by Morgan the City Attorney be authorized to look into this and possibly include it in the ordinance. The City Attorney stated the present wording might be considered ambiguous. CITY ATTORNEY CARSTENS stated in regard to the State age limit for billiard parlors and pool halls; there is no State law per se. Morris Arkeen requested the Council to lower the age limit to 14 years and said State law set 14 as the age limit. City Attorney Carstens stated it is a matter of local jurisdiction. City Attorney Carstens stated San Diego's age limit in billiard parlors is 16 years. City Manager Hess stated he wrote a letter to the Alcoholic Beverage Control Department outlining the City Council's previous objection to the opening between the Haufbrau and billiard parlor; Mr. Arkeen pointed 5/12/64 20 there was out and indicated/a misunderstanding as the license was for the Haufbrau Restaurant only; and asked them for clarification. To date, no reply has been received. Mayor Gautereaux recommended action be deferred until the billiard parlor is completed and in operation. CITY ATTORNEY CARSTENS reported receipt of a notice of hearing of application filed by the New California Water and Telephone Company to take over operations of the present California Company Water and Telephone/at Los Angeles on May 20 1964. and stated he has requested additional information. CITY ATTORNEY CARSTENS reported receipt of a bulletin from the League of California Cities ..:stating because of the Federal income tax reduction, the utility companies have applied for rate deductions. CITY ATTORNEY CARSTENS reported in regard to the hearing (Geideck vs Minogue) at which the Council authorized him to appear on behalf of the City Clerk, it was his opinion the Court orders asked for were premature. The Court denied Geideck. There will be no further action for two weeks. There may be further hearings. COUNCILMAN HOGUE stated he would like to see the personnel of the Recreation Department wear uniforms to enable citizens to locate a worker quickly in case of emergency, as well as to add to the prestige of the city. Councilman Hogue stated his opinion the Director and personnel of the Recreation Department wear a uniform during working hours with a decal to be worn on the caps or hats and on the breast of the shirt or jacket. As the Police and Fire Department have to furnish their own uniforms, no clothing allowance should be made to Recreation Department. Councilman Hogue suggested any Recreation employee out of uniform while on duty be subject to 5/12/64 21 discipline or fine. Councilman Hogue stated a meeting could be called with City Manager Hess and Director of Recreation Hergert to determine color, type, etc. of the uniforms. Moved by Hogue, seconded by Colburn the uniforms be made mandatory for the Recreation Department by June 15th. Mayor Gautereaux stated he felt this should be referred to the Park and Recreation Advisory Board. Mayor Gautereaux stated discipline might be in conflict with City Ordinance. Councilman Colburn withdrew his second_ Motion died for lack of second. Moved by Morgan seconded by Colburn, it be referred to the City Manager and the Park and Recreation Advisory Board for a recommendation to the Council, and Councilman Hogue be invited to the meeting. Carried by unanimous vote. Absent: Allen. A MEMORANDUM FROM CITY MANAGER HESS regarding Ordinance No (Section 10E) Moved by Morgan to leave the a second. Councilman is doing a good job and curbs the individual was presented. Ordinance as it is. Died for lack of Morgan stated the Planning Commission they refuse a waiver of sidewalks appear before the Council. Councilman Hogue stated it is not fair for one person to be made to install sidewalks and curbs and another be granted a waiver pending a 1911 Act. Councilman not Morgan stated where the grade has/been established the City Engineer recommends a waiver and this is what has guided the Planning Commission. Mayor Gautereaux stated the Council has consistently refused to grant waivers and where the Planning Commission grants a waiver without Council approval it could be dangerous. The Mayor further stated as an elected official he would like to have the right to vote on such matters. Moved by Hogue, seconded by Colburn,the Ordinance be amended. Director of Planning Stockman stated it would be in order to refer all such items to the Planning Commission and to hold the necessary public hearings. Moved by Hogue, seconded by Colburn, 5/12/64 962 if and may 22 the Director of Planning's recommendation be included in the motion. City Engineer Foster stated where drainage problems exist it would be impractical to put in curbs; if the Council does not desire his recommendations. then it should be in the ordinance. Carried_by the following vote to -wit: Ayes: Colburn, Hogue, Gautereaux. Nays: Morgan. Absent:- Allen. A MEMORANDUM FROM CITY MANAGER HESS regarding utilization of proceeds from land sales was presented. Moved by Morgan half of the proceeds of all land sales to go into a Special Street Fund. Motion died for lack of second. A COMMUNICATION FROM CITY LIBRARIAN BAEDER regarding reappointments to the Library Board was presented. Moved by Hogue, seconded by Colburn,this be referred to Mayor Gautereaux and filed. Carried by unanimous vote. Absent: Allen. A COMMUNICATION FROM BUILDING INSPECTOR BURNS regarding request from Walter Hodge to move building was presented. City Manager the Hess recommendedin view of/fact we have not received a report from the Planning Department, this be held until next week. Moved by Colburn seconded by Morgan the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Allen. A COMMUNICATION FROM CITY MANAGER HESS enclosing the Texaco, Inc. request for an oversize sign at 13th Street and Harbor was presented. Drive/ Moved by Morgan, seconded by Colburn the request be granted. Councilman Hogue inquired if it were to be the policy to grant permission for all oversize signs. K. E. Steel. Texaco, Inc. 3065 Rosecrans, was present and stated the sign would be 56 feet from the ground and the name Texaco would be spelled out by letters on panels 4 feet 6 inches by 5 feet six inches, and would be 38 feet across; and the sign is being 5/12/64 23 requested to replace an oversize neon sign presently at the same location. E. H. Alsdorf, 2105 "J" Avenue, was present and stated the sign was too large. J. D. Mann 130 East 28th Street was present and stated he did not like to see signs cluttering up the freeway. Mayor Gautereaux stated he was in favor of the motion; as there are so few off ramps a sign giving attention to a gas station and which can be seen from a distance is important. Motion carried, by the following vote to -wit: Ayes: Colburn, Morgan Gautereaux. Nays: Hogue. Absent: Allen. A REQUEST FOR REFUND OF $25.00 performance bond by Morris Street Kuehn, 2335 East 4th/was presented. Moved by Morgan seconded by Colburn, the request be approved and warrant ordered drawn for same. Carried, by the following vote to -wit: Ayes: Colburn, Hogue; Morgan, Gautereaux. Nays: None. Absent: Allen. AN APPLICATION FOR PERSON TO PERSON ON -SALE BEER LICENSE for Barbara E. and Richard R. Grove; dba Grove Cafe, 524 Highland was presented. Moved by Colburn. seconded by Gautereaux'it be filed. Carried, by the following vote to -wit: Ayes: Colburn Hogue Gautereaux. Nays: None. Abstaining: Morgan. Absent: Alien. COUNCILMAN KILE MORGAN, Chairman of the Real Estate Committee, called a meeting of the Real Estate Committee for 3:15 p.m. Friday, May 15th. Mayor Gautereaux stated, with approval of the Council, he would appoint Councilman Hogue to the Real Estate Committee to fill a vacancy. Moved by Morgan seconded by Colburn; the appointment be approved. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS stated the Mayor of Tijuana requested the loan of the City's bleachers for their soccer championship to 5/12/64 24 be held in Tijuana May 19th through 31st. No local events are scheduled necessitating the use of these bleachers on these dates. As they agree to pick up the bleachers, and return them in good repair the City Manager recommended they be granted use of the bleachers. Moved by Morgan seconded by Colburn the vote. recommendation be granted. Carried by unanimous /. Absent: Alle CITY MANAGER HESS presented the escrow receipt (No. 470-161) from the Bank of America for the Granz (Capital Lands Corporation) purchase of the Northwest corner of 30th and National and recommended it be filed with the City Clerk. Moved by Colburn, seconded by Hogue, it be filed. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS presented the result of bids for municipal blanket fidelity and performancm bond for all employees of the City of National City. The three bids are as follows: Traveler's 7rsurance $752.702.1fl Agricultural Insurance Company 692 80 Firemen's Fund and recommended the low bid of Agricultural Insurance Company be accepted. Moved by Colburn, seconded by Hogue, the recommendation be approved. Carried by the following vote to -wit: Ayes: Colburn, Hogue, Morgan GautereaUx. Nays: None. Absent: Allen. CITY MANAGER HESS presented Escrow No. 20-18 Castle Rambler, and recommended it be filed with the City Clerk Moved by Colburn, seconded by Hogue it be filed with the City Clerk. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS presented a Certificate of Insurance for the American Electrical Contracting Company for installation of a traffic signal at Euclid and Division Streets. City Manager Hess recommended the Certificate of Insurance be referred to 5/12/64 25 the City Attorney and if approved filed with the City Clerk. Moved by Colburn, seconded by Hogue, this recommendation be approved. Carried; by unanimous vote. Absent: Allen. CITY MANAGER HESS reported receipt of a cancellation of insurance for City Cab Company effective May 17. 1964. The owners of City Cab Company have been notified by letter of the cancellation notice and of the requirements necessary to operate and unless they are met they will be out of business. City Manager Hess recommended the cancellation notice be filed with the City Clerk.. Moved by Colburn, seconded by Hogue the recommendation be approved. Carried, by unanimous vote. Absent: Allen. CITY MANAGER HESS requested Council permission to grant authority to the City Clerk to advertise for bids on 2000 tons or more of Stock Plant Mix - MC3 - 3/8 inch rock maximum (street preparation). Moved by Morgan; seconded by Colburn, this request be granted. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS stated during the recent Conference at Balboa Park the Civil Defense rescue truck was placed on display and requested ratification. Moved by Hogue, seconded by Colburn ratification be granted. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS stated a Certificate of Insurance was received from V. R. Dennis Construction Company and recommended it be referred to City Attorney Carstens for approval and by the City Clerk. filed/ Moved by Morganseconded by Colburn, this recommendation be approved. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS presented a letter from Webster Pontiac in 5/12/64 26 which Mr. Webster offered $1,660 "A" Avenue between 26th and 27th installments beginning January 1 and paved prior to opening of dealership. Moved by Hogue, seconded by Colburn, the offer be accepted. City Manager Hess stated the matter of closing "A" Avenue from an 80 to a 60 foot right of way is scheduled to come before the Planning Commission on Wednesday, May 13th and recommended no action be taken until the Planning Commission reviews the situation. Mayor Gautereaux spoke against the motion and recommended it be referred to the suggested action be Real Estate Committee. for a 10 foot strip of land on Streets to be paid in 36 equal 1965, Streets to be graded Councilman Morgan taken on the motion contingent on the Planning Commission's decision. E. M. Stanley. 1146 National Avenue, was present and stated although "A" Avenue from 24th to 26th Street was a dedicated 80 foot street, the improvements are on a 60 foot street basis. Mr. Stanley further stated Mr. Webster is. dependent on the decision on the 10 foot strip in determining whether or not to proceed with his architect; and recommended the Council take action on the motion contingent on the Planning Commission's decision. Councilman Hogue asked if the amount of $1,660 was equal on a square foot basis to the amount paid for the rest of the land. City Manager Hess said he believed this was so but that when the original agreement was made, Mr. Webster indicated he was willing to put in curbs and gutters. The City Manager stated the City has paved half the three streets surrounding the property and a more realistic figure would be for Mr. Webster to pave the other half of the streets. The City Manager stated another point to consider is that "A" Avenue from 26th to 27th Street has never been dedicated and the City still has control over it. Councilman Morgan stated he did not think the matter of blacktop should enter into this sale. J. D Mann, 130 East 28th Street, stated he lives in the general area and he is concerned with its appearance and asked what the set back 5/12/64 27 would be. Director of Planning Stockman stated Mr. Webster would be permitted to build to the property line. Councilman Colburn stated if the apartment development is approved by F.H.A. and the Lusk Corporation builds cooperative apartments will it require an 80 foot travel way. Councilman Colburn withdrew his second. Councilman Morgan seconded the motion. Director of planning Stockman stated it would eventually come back to the Council as a Planning Commission recommendation; and if the recommendation was to close a portion of the streets it would require a public hearing. Motion failed by the following vote to -wit: Ayes: Hogue, Morgan. Nays: Colburn Gautereaux. Absent: Allen. CITY CLERK MINOGUE reported the San Diego City Manager's office called and invited the Mayor and Councilmen to the Mariachi Concert at 8:15 p.m.. Balboa Park Bowl followed by a reception at Balboa Park Club at 10:00 p.m. May 13th. The Mkayor of Tijuana will be present. This was sponsored jointly by the San Diego County Chapter of the League of California Cities and the City of San Diego. The City Clerk asked those who planned to attend to advise her in order that reservations might be made. DIRECTOR OF PLANNING STOCKMAN stated on March 19th the Council authorized the City Attorney and the Director of Planning to work with the Local Agency Formation Commission in regard to the annexation of the San Diego Gas and Electric Company's sub -station located south of 30th Street and west of Highland Avenue and requested permission to sign the applications to the Local Agency Formation Commission. Moved by Colburn seconded by Morgan, the request be approved. Carried by unanimous vote. Absent: Allen. THE CITY TREASURER'S REPORT for the period ending April 30th was 5/12/64 28 presented and ordered filed by unanimous vote. Absent: Allen. MAYOR GAUTEREAUX stated a resolution in support of the construction of the Trans -Bay Bridge was tabled last week for consideration today. He stated he would like to have the official position of the Council on this matter to present at the State Toll Bridge Authority hearing on May 14th. Councilman Morgan stated San Diego has not taken a stand on this and Coronado voted against it; and stated he is not in favor of it at this time. Moved by Hogue, seconded by Colburn; the Resolution be read. Mayor Gautereaux spoke of the economic advantages to be gained through construction of the bridge and stated it would mean additional uses for North Island. Motion carried, by the following vote to -wit: Ayes: Colburn, Hogue; Gautereaux. Nays: Morgan. Absent: Allen. RESOLUTION NO. 8653, "RESOLUTION ENDORSING THE CONSTRUCTION OF A TRANS -BAY BRIDGE IN THE BAY OF SAN DIEGO" was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn; Hogue; Gautereau1. Nays: Morgan. Absent: Allen. E. M. STANLEY, 1146 National Avenue stated the majority of the Council members expressed willingness to clear up the land sale situation so Mr. Webster can proceed with his project and stated a simple motion to approve the sale of the 10 foot strip subject to approval of the Planning Commission would be all that was necessary. Moved by Hogue, seconded by Morgan; the City of National City sell to Webster Pontiac the strip of land designated in Mr. Webster's letter for $1,660 pending the action of Planning Commission whether this be an 80 foot or 60 foot street. Carried, by the following vote to -wit: Ayes: Colburn, Hogue; Morgan, Gautereaux. Nays: None. Absent: Allen. 5/12/64 29 DIRECTOR OF PLANNING STOCKMAN stated in regard to annexation of the San Diego Gas and Electric Company sub -station she requested the Council to authorize the City Attorney and the Director of Planning to "sign applications" for the Local Agency Agency Formation Commission and she should have requested authority "to sign and file" applications to the Local Agency Formation Commission and the Boundary Commission. Moved by Colburn, seconded by Morgan, the amended request be approved. Carried by unanimous vote. Absent: Allen, DON ANDERS 615 Rachael; of the SOCIABLrPS, stated he had read in the Star News Chula Vista would not let the youth of National City attend their dances but Chula Vista youths could come here. City Manager Hess stated Chula Vista was forced to do this because they suffered from acts of vandalism. Chula Vista City Manager Ross has stated he is willing to re-evaluate the policy and a meeting has been arranged with Chula Vista City officials and our Park and Recreation Advisory Board; Director of Parks and Recreation Director. Moved by Morgans seconded by Hogue the meeting be closed. Carried by unanimous vote. Absence: Allen. The meeting closed at 9.45 p.m. ti, CIT aF ATTEST: C , c 5/12/64