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HomeMy WebLinkAbout1964 05-26 CC MIN43 National City, California, May 26, 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: Allen. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Hergert, Hess, Kerr, Minogue,.Osburn, Stockman. The meeting was opened with salute to the Flag by City Manager Hess. followed with invocation by the Rev. Kenneth Huff, First Christian Church. Moved by Colburn, seconded by Hogue, the MINUTES of the regular meeting of May 19th be approved. Carried by unanimous vote. Absent: Allen. MAYOR GAUTEREAUX presented a service pin to Police Sergeant Delbert Cronk in recognition of his twenty years of dedicated service. MAYOR GAUTEREAUX presented the MYRA Award for the month of May to Dorothea Pargoff in recognition of her outstanding achievements. RESOLUTION NO. 8658, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Dorothea Pargoff)" was read. Moved by Colburn, seconded by Morgan, 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 grants a zone variance for lot 10. block 1, Parson's subdivision, to allow the operation and maintenance of a wholesale grocery warehouse, subject to four restrictions and recommended it be adopted by reading of the title only. 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. 8659, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDIN- ANCE NO. 962 (WHOLESALE GROCERY WAREHOUSE)". 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. 5/26/64 44 CITY ATTORNEY CARSTENS stated the next three Resolutions give notice of intention to vacate and close portions of streets, set the hearings for June 23rd, and are identical except for the legal descriptions, and recommended they be adopted by reading of the title only. Moved by Morgan, seconded by Colburn, the reading of the three Resolutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. Absent: Allen. RESOLUTION NO. 8660, "A RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 'A* AVENUE BETWEEN 24TH AND 26TH STREETS AND 27TH AND 29TH STREETS". 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. RESOLUTION NO. 8661, "A RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 26TH STREET BETWEEN NATIONAL AVENUE AND 'A' AVENUE". 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. RESOLUTION NO. 8662, "A RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF 27TH STREET BETWEEN NATIONAL AVENUE AND 'A' Avenue". 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: Alien. RESOLUTION NO. 8663, "RESOLUTION DEDICATING STREET (WILSON AVENUE)" was read. Moved by Colburn, seconded by Morgan; the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn; Hogue, Morgan, Gautereaux. Nays: None. Absent: Allen. RESOLUTION NO. 8664, "RESOLUTION DEDICATING STREET (30TH STREET) 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: Alien. CITY ATTORNEY CARSTENS reported in regard to the definition of "salvage" 5/26/64 45 requested by the Council due to the application for zone variance by James Cheneweth, the provisions of Ordinance No. 981 amending the basic zoning ordinance, retail food and grocery stores are permissable in a C-2 zone, and it neither allows nor disallows salvage; it specific- ally prohibits salvage in an M-4 zone. The question is whether or not Mr. Cheneweth's operation is a retail food or grocery store. If what he is doing is proper within the C-2 zoning, he would not require a variance. If, however, he is not within the definition of the C-2 zone, he would need a variance. The variance requested by Mr. Cheneweth is for re -packaging within a C-2 zone. The Council must decide whether or not the re -packaging is a proper operation of a retail food and grocery store. THE CONTINUED HEARING ON THE RESOLUTION OF INTENTION NO. 8628 (1911 Act Improvement of Laurel Avenue, Norton Avenue and First Street) was called at this time. City Manager Hess stated last week there were a number of people who appeared and indicated they would like additional information in regard to the proposed improvement district; not all the questions have been answered to date and we are still in the process of furnishing the data requested although it should be completed within the next few days. The City Manager recommended the hearing be continued until the next meeting on June 9th. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Allen. THE HEARING ON THE ASSESSMENT (1911 Act Improvement of Second Street east of Harbison Avenue) was held at this time. No protests were re- ceived by the City Clerk. There was no one present in this regard. Moved by Morgan, seconded by Colburn, the hearing be closed and the matter re- ferred to the City Attorney. Carried by unanimous vote. Absent: Allen. Moved by Colburn, seconded by Morgan, the reading of the Resolution con- firming the assessment be waived and it be adopted by reading of the title only. Carried by unanimous vote. Absent: Allen. RESOLUTION NO. 8665, "RESOLUTION CONFIRMING THE ASSESSMENT (Second Street 5/26/64 46 east of Harbison Avenue)". 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: Alien. CITY ATTORNEY CARSTENS stated in regard to James Cheneweth's application for zone variance, the Planning Commission recommended denial of the variance on the basis he was re -packaging food, Mayor Gautereaux in- quired as to the nature of Mr. Cheneweth's business license, Director of Planning Stockman stated the business license which called the matter to her attention was for a retail and wholesale grocery store and the Planning Commission would not authorize her to sign; the present business license is for a retail grocery store but he does salvaging and re -pack- aging of damaged merchandise. Mayor Gautereaux stated it was his under- standing the only non -conforming business was the re -packaging. City Attorney Carstens stated the closest provision in the C-2 zone is the operation of a retail food or grocery store; if Mr. Cheneweth is varying from that use, then he would have to get a variance. CITY ATTORNEY CARSTENS stated in regard to the Council's request for a review of Ordinance No. 115, he has a suggested revision which he will refer to the City Manager, the Traffic Safety Committee and the Planning Commission. COUNCILMAN MORGAN stated the Park and Recreation Advisory Board at one time recommended the City dedicate or use the property at 14th and D Avenue as park property. Moved by Morgan, this be referred to the Park and Recreation Advisory Board for their recommendation on the use of the land. Motion died for lack of a second. Moved by Morgan, seconded by Hogue, the City Attorney study the law that created the law the City could elect a mayor for four years or two years and see if under the State law for a General Law City, the mayor could be elected for two years and report to the Council next meeting. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS recommended in regard to the Lions Club request for the use of Kimball Park Bowl and City participation in the Fourth of 5/26/64 47 July celebration, the City participate financially to the extent of $500.00 as we did last year, the Lions Club have adequate insurance to be reviewed by the City Attorney, necessary arrangements be made be- tween the Lions Club and the Fire Department relative to the fireworks display, and the Kimball Park Bowl be afforded them on July 3rd and 4th with the same payment as prevailed last year. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Colburn Hogue, Morgan Gautereaux. Nays: None. Absent: Allen. MAYOR GAUTEREAUX asked Director of Planning Stockman to apprise the Council of the present status of James Cheneweth's application for vari- ance in view of the City Attorney's opinion. Director of Planning Stockman stated Mr. Cheneweth has applied for a variance to permit the separation of damaged goods: 25% of his merchandise is new, purchased directly from wholesalers; 25% is new, purchased as over billing; and 50% is goods damaged in transit. Damaged goods are separated into three classifications: not fit for human consumption which is disposed of, damaged but edible which is used in his sanitarium, and the least damaged which is retailed in the store. The Planning Commission has interpreted that salvage enterprise is a business where the principal function is taking damaged merchandise of any nature, separating the usable from the unusable, and as 50% of Mr. Cheneweth's merchandise is damaged, he is operating a salvage enterprise. The petitioner has taken the position a zone variance can be granted for any area. Councilman Hogue stated Mr. Cheneweth has a license to operate a retail grocery store in a C-2 zone and, as the ordinance does not state the separation of damaged goods is prohibited, he thinks the operation is permissable. Moved by Hogue, seconded by Morgan, Mr. Cheneweth's application for zone variance be denied for C-2 for re -packaging of food and the dis- cussion be discontinued until we find out whether packaging is allowed under a license for a retail store. Councilman Colburn stated he is against the motion; Mr. Cheneweth's store has the appearance of a re- tail store and causes no more traffic than a retail store would and the variance should be allowed. Mayor Gautereaux stated if the motion is 5/26/64 48 passed we would force a court contest and he would not want to see Mr. Cheneweth arrested. The Mayor stated he would like to see a conditional zone variance granted for a six month period to permit Mr. Cheneweth to continue in business. E. H. Alsdorf, 2105 "J" Avenue, was present and stated he is against the granting of a variance. City Attorney Carstens stated unless the use is spelled out in the Ordinance, it is not permiss- able. Motion and second were withdrawn. Mayor Gautereaux asked Director of Planning Stockman if she believed she had a case to present to a court -out of law if the business continued operation with/the granting of a zone variance. Director of Planning Stockman stated Mr. Cheneweth purchases 50% damaged merchandise and the Planning Commission would classify it a salvage operation. Moved by Gautereaux, seconded by Colburn, a zoning variance be approved, over-riding the Planning Commission's recommendation and a conditional zone variance allowing him to continue his business, subject to a six month review of the variance with the approval of the Council. Director of Planning Stockman recommended the separating and re -packaging be done within a structure and not in the open. Mayor Gautereaux stated he would include that in the motion and asked if there were further recommendations. Director of Planning Stockman recommended the damaged merchandise to be disposed of be placed in tight containers and that it not be allowed to accumulate in quantity. Mayor Gautereaux included this in the motion with the approval of his second, Councilman Colburn. James Cheneweth; 2328 East 6th Street, was present and stated he would be willing to agree to stipulations. Mayor Gautereaux recommended if the motion is approved the item be laid over until the next meeting for written stipulations. Motion carried, by the following vote to -wit: Ayes: Colburn, Morgan, Gautereaux. Nays: Hogue. Absent: Allen. Moved by Morgan, seconded by Colburn, the Director of Planning write stipulations to bring to the Council at the next meeting. Carried by the following vote to -wit: Ayes: Colburn, Morgan, Gautereaux. Nays: None. Abstaining: Hogue. Absent: Allen. THE RESULT OF OPENING OF SEALED BIDS on the improvement of 30th Street from National Avenue to Coolidge Avenue by the City Clerk at 3:00 p.m. on May 25th was presented: Ferry Brothers $33.651.45, Daley Corporation 5/26/64 49 $34,356.78, Griffith Company $32,925.60.. Kenneth H. Golden Co. $33,590.75, R. E. Hazard Contracting Co. $32,.991.50 and V. R. Dennis Co. $34638.59. City Manager Hess recommended the contract for the improvement be awarded to the Griffith Companylow bidder, and all other bids be rejected. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Colburn, Hogue, Morgan Gautereaux. Nays: None. Absent: Allen. RESOLUTION NO. 8666. "RESOLUTION OF AWARD OF CONTRACT (Improvement of 30th Street from National Avenue to Coolidge Avenue)" 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. A COMMUNICATION FROM THE METROPOLITAN WATER DISTRICT in regard to a new water plan for the Pacific Southwest was presented. City Manager Hess recommended the Council take no action until plans are more detailed. Ordered filed by unanimous vote. Absent: Allen. A COMMUNICATION FROM THE NATIONAL CITY SWIM CLUB BOOSTERS enclosing a Committee Report was presented and ordered filed by unanimous vote. Absent: Allen. A COMMUNICATION FROM MRS. PETER C. MC KIERNAN in regard to a revision of Ordinance No. 828 was presented. Mayor Gautereaux recommended the com- munication be referred to the City Manager and the City Attorney for a report. Moved by Colburn, seconded by Hogue, the Mayor's recommendation be approved and the Humane Officer be included in a conference for pos- sible recommendations. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS recommended in regard to the bids for the First Street Storm Drainage Construction presented last week, the contract be awarded to M. L. Chilcote, low bidder, and all other bids rejected. Colburn, seconded by Hogue, the City Manager's Carried, by the following vote to -wit: Ayes: Gautereaux. Nays: None. Absent: Allen. Moved by recommendation be approved. Colburn Hogue, Morgan, 5/26/64 50 RESOLUTION N0. 8667, "RESOLUTION OF AWARD OF CONTRACT (First Street Storm Drainage Construction, Specification No. 689)" was read. Moved by Colburn, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hogue, Morgan, Gautereaux. Nays: None. Absent: Allen. CITY MANAGER HESS requested the Council's permission to go to bid on drainage in the vicinity of 8th Street, L Avenue, and M Avenue, providing necessary easements are obtained. Moved by Morgan, seconded by Colburn, the City Manager's request be approved. Carried by unanimous vote. Absent: Alien. CITY MANAGER HESS reported he has received a communication from the Alcoholic Beverage Department in regard to the license for the Hofbrau at 8th Street and "B" Avenue, the address 130 East 8th Street has been withdrawn from the license application and an affidavit has been signed by the owner -applicant stating beer will be served only at 140 East 8th Street. CITY MANAGER HESS reported receipt of the policy of the employees faithful performance bond and suggested it be referred to the City Attorney for approval. Moved by Morgan, seconded by Colburn; the City Manager's recom- mendation be approved. Carried by unanimous vote. Absent: Alien. CITY MANAGER HESS announced Cal -Maid Furniture Company will have a ground breaking ceremony at 11:30 a.m. tomorrow at 30th and Coolidge and the members of the Council are invited to attend. CITY MANAGER HESS stated almost all of the city owned land in Bahia Vista has been sold and due to the development of the area it is necessary to bring in additional water. The only supply of water at present comes from National Avenue via an eight inch main which terminates at Coolidge Avenue. Imperial Rug Mills, Cal -Maid Furniture, Overmeier Warehouse, Burnett"s Furniture, etc., will require more water than can be furnished using the present facilities. In order to provide the necessary water for industrial use, as well as adequate sprinkling systems, the California Water and Telephone Company has worked out an agreement with all partici- 5/26/64 51 pants on a pro-rata basis. The installation can be handled in two in- crements: phase one, would bring service from 24th Street down Coolidge Avenue south to 28th Street, west on 28th Street to Wilson Avenue pro- jected back to point of termination at 30th and Coolidge; phase two, which is not necessary at the present timewould bring in the rest of the system; coming down Wilson Avenue and tying into the installation of phase one. The City's share is $5236.00. The Water Company will not install any mains unless they have the money deposited. The City Manager recommended the City take the lead in this and deposit $5,236.00 with the California Water and Telephone Company. Moved by Colburn seconded by Hogue, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Colburn, Hogue, Morgan. Gautereaux. Nays: None. Absent: Allen. CITY MANAGER HESS reported Fred Baker is eligible for a step increase to Step D and the City Manager concurs with the recommendation of his depart- ment head the increase be allowed. Moved by Hogue, seconded by Colburn the step increase be approved. Carried by unanimous vote. Absent: Allen. CITY MANAGER HESS stated when the Council approved the sale of the ten foot strip of land to Mr. Webster last weekauthority was not given to the City Manager and City Attorney to open escrow. Moved by Morgan, seconded by Colburn, the City Manager and the City Attorney be authorized to open escrow. Carried, by the following vote to -wit: Ayes: Colburn. Hogue, Morgan. Gautereaux. Nays: None. Absent: Alien. CITY MANAGER HESS reported the Chief of Police forwarded a letter of re- signation from Clerk -Matron Carol Ann Gave and recommended acceptance of the resignation effective July 24, 1964 (last working day to be June 25th) and she be placed on the eligibility list. Moved by Colburnseconded by Hogue, the recommendation of the Chief of Police be approved. Carried by unanimous vote. Absent: Allen. RESOLUTION NO. 8668, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS ($39,4Q0.00 from Gas Tax Fund to Traffic Safety Fund)" was read. Moved by Colburn,., seconded by Hogue, the Resolution be adopted. Carried, by the following 5/26/64 52 vote to -wit: Ayes: Colburn, Hogue, Morgan. Gautereaux. Nays: None. Absent: Alien. RESOLUTION NO. 8669, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS ($38,708.58 from Special Street Fund to Fund 186.1 (SB 344)" 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: Alien. CITY MANAGER HESS stated a signed certificate of insurance for the City Cab Company has been received and reviewed and recommended it be filed with the City Clerk. Ordered filed by unanimous vote. Absent: Allen. CITY MANAGER HESS stated escrow papers for the Golden Coast 0i1 Company have been received and recommended the appropriate papers be filed with the City Clerk, but those be held which are to be returned to the property owner when the note is satisfied, and the City Treasurer be named as the person to collect the installments. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Colburn. Hogue, Morgan Gautereaux. Nays: None. Absent: Allen. COUNCILMAN MORGAN, Chairman of the Real Estate Committee, called a meeting of that committee for 4:30 p.m. Thursday, May 28th. COMMUNICATIONS OF ACKNOWLEDGMENT OF RECEIPT OF RESOLUTION NO. 8653 from Senator Kuchel and Assemblyman Mills were presented and ordered filed by unanimous vote. Absent: Allen. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission, at the May 13th meeting; acted on the request of waivers of curbs and sidewalks by Charles F. and Helen A. Smith, 1944 Grove Avenue, on the 20th Street side of their property. This is a 30 foot dedication and with the belief the alley will be continued behind their property parallel to the proposed freeway, the Planning Commission did go along with the waiver of sidewalks but stated curbs are to be put in on the property line after the grade is established. Councilman Morgan stated he would like these items to be on 5/26/64 53 the Agenda so the sites may be viewed prior to Council meeting. MRS. PETER C. MC KIERNAN, 3329 Stockman Street, was present and stated she would like immediate revision of Ordinance No. 828 making it illegal to maintain a known vicious dog within the limits of National City. She stated her daughter was the fourth to be bitten by the same dogthe third child to be bitten by the dog since February, and the dog will be released to the owners before the next Council meeting. Moved by Morgan, seconded by Colburn, the City Manager be directed to make an inspection and see the law is being upheld under the present ordinance before the next Council meeting and take any necessary steps. Carried by unanimous vote. Absent: Allen. EDWARD F. ARREGUI, 3140 East 2nd Street, was present and stated as a re- sult of the 1911 Act Improvement in his area, he has been left with an 18 foot high vertical cut at the edge of his property with exposed pipes, and stated the former city manager told him the city would put in a retain- ing wall. He further stated he had never been advised of the pending 1911 Act Improvement nor was his permission given to make such a cut into his property. His lawn formerly sloped at about a 30° angle to the street. City Manager Hess stated a search of the files in his office has revealed there was no written agreement to install a retaining wall or any part of it. City Engineer Foster read reports from his personnel which indicate 71% of the people in the improvement district favored the petition which was filed in March of 1963, there were six notices of the improvement posted within 300 feet 4P Mr. Arregui's property, no protest was filed by Mr. Arregui prior to the assessment hearing, and the excavation was dis- cussed with the owners whofavored the vertical cut. Mr. Arregui stated if the City will put in the footing he will put in the rest of the re- taining wall. Mayor Gautereaux recommended the matter be referred to the City Manager and the City Engineer for a report next meeting. Moved by Morgan; seconded by Colburn; the Mayor's recommendation be approved. Carried by unanimous vote. Absent: Alien. Moved by Morgan, seconded by Hogue, "Oral Communications" appear on the 5/26/64 5L. Agenda after "Council Communications" and before "Referrals." Carried by unanimous vote. Absent: Allen. Moved by Morgan, seconded by Hogue, the meeting be closed. Carried by unanimous vote. Absent: Allen. The meeting closed at 9:28 p.m. ATTEST: C2Y-c"-IT CLERc"R� 55 Written notice has been served more than three hours prior to the Special Meeting held at 7:30 p.m. o'clock, June 8, 1964. ONEMINOGUE, City(Clerk We the duly elected and qualified Councilmen of the City of National City, California, do hereby consent to the holding of a Special Council Meeting on June 8, 1964, at the hour of 7:30 p.m. o'clock, in the Council Chambers, National City, California, for the purpose of: Considering a new Civic Center Dated this 5th day of June,/1964. COUNCILMAN IAA) COUNCILMAN COUNCILMAN