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HomeMy WebLinkAbout1964 07-28 CC MIN111 National City, California, July 28, 1964 The regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Allen, Colburn, tVcrgan, Gautereaux. Council members absent: Hogue. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereauxi Hess, Minogue, Osburn, Stockman. THE MEETING was opened with salute to the flag by City Manager Hess followed with invocation by the Rev. F. D. Compton, Sweetwater Assembly of God. RESOLUTION NO. 8727, "RESOLUTION OF COMMENDATION TO WINNER OF MUNI- CIPAL YOUTH RECOGNITION AWARD (Christine Hess)" was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Mor- gan, Gautereaux. Nays: None. Absent: Hogue. MAYOR GAUTEREAUX called Christine Hess forward and stated the panel of judges selected her for her outstanding achievements in scholar- ship and citizenship, her participation in charity work, and in youth groups. MAYOR GAUTEREAUX presented service pins to Sergeant Webb and Lieu- tenant Young of the Police Department and commended them for their twenty years' service. MOVED BY ALLEN, seconded by Colburn, the minutes of the regular meeting of July 21st be approved. Carried by unanimous vote. Absent: Hogue, RESOLUTION NO. 8728, "ORDERING PAYMENT OF WARRANT STOPPED (Van Water & Rogers, Inc.)" was read. Moved by Allen, seconded by Col - burn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: lien, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. CITY ATTORNEY CARSTENS stated the ordinance amending Ordinance No. 115 was ready for the first reading and item 2 under New Business on the Agenda (Communication from Traffic Safety Committee) per- tains to the ordinance. Moved by Alien, seconded by Colburn, the item be considered at this time. Carried by unanimous vote. Absent: Hogue. Councilman Colburn stated the letter from the Traffic Safety Committee Chairman indicated they felt the direc- tional signs for churches would distract the driving public and he would favor delaying the first reading of the ordinance until further study is made. Moved by Morgan, seconded by Colburn, the item be on the agenda for next week and the City Manager make a recommendation on whether or not the signs will block the view of traffic. Vice Mayor Allen stated the letter from the Committee did not state any specific direction and he favored the first reading of the ordinance to make it possible for us to eliminate the violation of the signs which are already up; the Planning Commission unani- mously approved the amendment. Mayor Gautereaux stated the motion put the City Manager in the position of making policy; the matter has been before the Council three times and it was time to make a decision on it. Director of Planning Stockman stated the recom- mendation of the Planning Commission was the Ordinance be amended to permit directional signs on approval of the Planning Commission; and she further stated she would not like to see all signs presently installed approved as some are in violation of zoning. Motion car- ried by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hogue. Moved by Allen, the ordinance be given the first reading. Motion failed for lack of second. Councilman Colburn requested the City Manager distinguish between advertising and church directional signs in his report. Vice Mayor Allen suggested the Director of Planning establish a maximun size for the church signs. CITY ATTORNEY CARSTENS stated the Ordinance amending Ordinance No. 7/28/64 112 708, providing for refund of business license fees upon condemnation was to be given the second reading. Moved by Colburn, seconded by Morgan, the second reading of the Ordinance be waived and it be adop- ted by reading of the title only. Motion failed by the following vote to -wit: Ayes: Colburn, Morgan, Gautereaux. Nays: Allen. Absent: Hogue. ORDINANCE NO. 1101, "AN ORDINANCE AMENDING ORDINANCE NO. 708 RELAT- ING TO REFUND OF BUSINESS LICENSE FEES UPON CONDEMNATION OF GOVERN- MENTAL AGENCIES" was read. Moved by Colburn, seconded by Morgan, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Morgan, Gautereaux. Nays: Allen. Absent: Hogue. CITY ATTORNEY CARSTENS read the request of the Dean of Law, Univer- sity of San Diego, for a set of National City's ordinances for the law library. Vice Mayor Allen asked if it would be possible to furnish the ordinances. City Manager Hess stated the ordinances are presently being codified and will be available in about three months. City Attorney Carstens stated the codified ordinances would be most useful to the University and suggested a letter be sent to the Dean explaining the ordinances are being codified and will be available in a month or two. Moved by Alien, seconded by Colburn, the recommendation of the City Attorney be approved and the City Manager be directed to write such a letter explaining our codifica- tion will be approximately a certain date and we will send them a copy at that time on a no fee basis. Carried by unanimous vote. Absent: Hogue. CITY ATTORNEY CARSTENS reported this morning Judge Hewicker of the Superior Court heard a motion for a new trial and a motion for judg- ment notwithstanding the verdict in the election contest heard before him several weeks ago and in both cases the Court affirmed the original decision and denied the requests made by Mr. Geideck. Notice has also been received that Mr. Geideck, through his attorney, has filed an appeal to the District Court of Appeals on the same decision and it will probably be six months to a year before it is heard. VICE MAYOR ALLEN reported one of the original Police Reserve officers, Charles Green, died and the services will be at 11:00 a.m. tomorrow at Glen Abbey. The Vice Mayor stated he thought recognition should be made of his years of service with the baseball teams and boy scouts. COUNCILMAN MORGAN stated the people in the area of E1 Toyon Park understand no buildings are to be erected in the Park immediately, but would like a hand in the planning of the buildings. He stated he hoped the Park and Recreation Advisory Board would confer with these people. MAYOR GAUTEREAUX stated there have been many inquiries about the use of public facilities for teen age dances and requested City Manager Hess to make a report. City Manager Hess read a report dated July 28, 1964, captioned "Report Concerning Dances in City Facilities", which outlined supervision at a typical dance, recommended seven dance policies become effective immediately (Senior Teen Dances, Junior Teen Dances, Teenage Dances, Dress, Supervision, Chaper- ones, Identification), stated the Recreation Department will be in charge of the total event, and recommended the Park and Rec- reation Advisory Board submit suggested rules to apply to young adults who do not fall into categories set forth. Moved by Morgan, seconded by Colburn, the recommendations of the City Manager be adopted. Vice Mayor Allen stated he agreed with the recommendations with one exception, Paradise Hills should be included. City Manager Hess stated this would be outside the scope of what has transpired in the past. Councilman Morgan stated we can consider this in the future if it becomes a problem. Councilman Colburn stated we can instruct the City Manager to contact the makers of the original 7/28/64 113 policy and the people in Paradise Hills to see if the students would utilize the dances. Bob Worthy, 1223 Manchester Street, president of the Junior Chamber of Commerce, was present and inquired about the age of chaperones for the teen dances. He said he had been turned away and told parents of teen age children were acceptable as chap- erones. City Manager Hess stated he would check into it and com- municate with Mr. Worthy. Motion carried by the following vote to - wit: Ayes: Colburn, Morgan, Gautereaux. Nays: Allen. Absent: Hogue. MAYOR GAUTEREAUX stated the chair would entertain a motion the matter discussed by Mr. Allen be referred to the Park and Recreation Advisory Board for study and recommendation. Moved by Allen, seconded by Col - burn, the Mayor's recommendation be approved. Councilman Colburn stated, 41,would appreciate the opportunity to meet with the Park and Recreac,Tddliaild when they start this investigation. ALBERT HARDCASTLE, 2216 East 5th Street, was present and stated his brother purchased a rest home last year which had been in operation for 16 years; when they decided to build a larger, more modern rest home, they discovered the zoning variance ended when the property changed hands. A request for C-2 Zoning was denied. An application for R-4-P-D Zoning has been made and the Planning Commission will hold the hearing on August 12th. The Hardcasties have been ordered to cease and desist operations no later than July 31st. Mr. Hard - castle requested a 180 day extension of time in order that license with the County Social Welfare might be obtained. He stated the old people would have to be moved from their home if such extension could not be granted. Moved by Allen, seconded by Gautereaux, Mr. Hardcastle's request for 180 day extension be approved. Director of Planning Stockman stated she did not believe the Council could grant this extension, only the Planning Commission could do so. Mayor Gautereaux stated if he was not granted the extension he could no longer do business as a rest home at that location. Vice Mayor Allen stated he would like to change the motion to grant the request for 180 days or less, contingent on the Planning Commission's decision; seconded by Gautereaux. City Attorney Carstens stated Mr. Hardcastle has filed a new petition which is now before the Planning Commission and until such time as they have made recommendation on the petition there is nothing to come before the Council; technically Mr. Hardcastle is in violation of the ordinance. The City Attorney stated if the Planning Commission chooses to delay enforcing the ordinance, they would in effect give him an extension of time; if the Council were to take action, it would have no effect. Mayor Gautereaux stated it involved a hardship, he has been notified to cease and desist, and the patients will have to be removed. City Attorney Carstens stated either a variance or zone change would have to be obtained by Mr. Hardcastle to continue operation at the location; this is before the Planning Commission. Mayor Gautereaux recommended the Planning Commission meet prior to July 31st. Motion and second were withdrawn. Moved by Allen, seconded by Colburn, the Mayor;s recommendation be approved and the Planning Commission be asked to hold a special meeting to hold a hearing for Mr. Hardcastle prior to July 31st and they be notified the Council recommended his time be extended beyond July 31st so he may continue in operat on. Carried by unanimous vote. Absent: Hogue. CITY MANAGER HESS reported in regard to the entrance to the Muni- cipal Golf Course a report is being prepared for the Park and Rec- reation Advisory Board meeting in August and following that will come back to the Council. COUNCILMAN MORGAN submitted the name of Mrs. Thelma Hollingsworth for appointment to the Workable Program Citizens Committee. Mayor Gautereaux stated he would be happy to appoint Mrs. Hollingsworth with the approval of the Council. Moved by Allen, seconded by Col - burn, the recommendation of the Mayor be approved. Carried by unanimous vote. 7/e8/64 11! COMMUNICATION FROM MARJORIE QUINN, President, Altrusa Club, in regard to lowering the rental fee for luncheon meetings at the Community Building was presented. City Manager Hess stated he had no recom- mendation; the custodial fees are the same for all groups; it is not a money making proposition. Vice Mayor Allen stated he was asked why so many of the service clubs were permitted to use public facilities in the park instead of private facilities for luncheons; and if the fee for one were changed, we would have to change for all. Moved by Allen, seconded by Colburn, the letter be acknowledged and explan- ation made that the same rule has to apply to everyone and the letter be filed. Carried by unanimous vote. Absent: Hogue. COMMUNICATION FROM THE REGISTRAR OF VOTERS requesting the use of El Toyon Community Center, Casa de Salud, and Gymnasium at Olivewood Housing as polling places November 3rd was presented. Moved by Allen, seconded by Morgan, the request be approved and the City Mana- ger be instructed to write a letter. Carried by unanimous vo e. **Absent: Hogue. APPLICATION FOR PREMISES -TO -PREMISES TRANSFER of off -sale general license, Carl and Mae Lasky, dba C & M Liquor, 2431-35 National Avenue, was presented. Moved by Allen, seconded by Colburn, the application be filed. Carried, by the following vote to-wit:-"A'yes: Al en, Colburn, Gautereaux. Nays: None. Absent: Hogue. Abstain- ing: Morgan. CITY MANAGER HESS reported the Pony League invited all members of the Council to be present at the District Tournament opening July 30, pre -game ceremonies at 7:00 p.m., game at 8:00 p.m., and distributed official passes. Councilman Morgan stated three games have been played and won, and thirty guns scored. CITY MANAGER HESS reported receipt of a request from Mrs. Evangelina Roldan, 1506 Coolidge Avenue, who for many years has helped new immigrants to adjust and locate jobs, etc., for a no -fee permit to solicit funds to help this enterprise. The City Manager suggested it be granted. Moved by Morgan, seconded by Allen, the no -fee permit be approved. Carried, by the following vote to -wit: Ayes: Alien, Col - burn, Morgan, Gautereaux. Nays: None. Absent: Hogue. CITY MANAGER HESS read a letter from the Manager of the Plaza Bowl in regard to parking lot dances to be held from 7:00 p.m. to 10:00 p.m. on Saturday, August 1st, and from 1:00 p.m. to 8:00 p.m. on Sunday, August 2nd, no admission to be charged, and requesting no special permit be obtained, providing all business licenses are brought up- to-date prior to staging the dance in their parking lot as discussed with the City Manager. The City Manager stated no action need be taken in regard to the dance as it will be on their own parking lot and no admission is to be charged but requested ratification of the statements made to Mr. Caster; the statements were made after dis- cussion with the City Treasurer who was in accord. Moved by Allen, seconded by Colburn, the actions of the City Manager be ratified and any further action in this matter be accepted. The City Manager stated our Police Department will be notified of the dances. Carried by unanimous vote. Absent: Hogue. THE MINUTES OF THE SOUTH BAY IRRIGATION DISTRICT Board of Directors meeting of July 7th were presented and ordered filed by unanimous vote. CITY MANAGER HESS reported receipt of three insurance matters which should be referred to the City Attorney: City Fire and Theft Policy, Golf Course Policy in which the City is named as co-insurer, and certificate of workmen's compensation insurance for Federal Sign and Signal Corp. Moved by Allen, seconded by Colburn, they be referred to the City Attorney. Carried by unanimous vote. Absent: Hogue. CITY MANAGER HESS read a telegram dated July 27th from Mr. William E. Linthicum of the Lusk Corporation: "Please construe this wire as a **Application for person -to -person transfer on pa e 116 7/28/64 115 firm demand for return of $25,000 deposit per the terms of that agreement entered into on Jan. 27th, 1964 between the City of National City and the Lusk Corporation. A letter will follow outlining proposed terms for new agreement. I will appreciate your cooperation in handling this return of funds immediately." The City Manager reported the telegram had been followed up with a letter addressed to him with instructions as to the manner and place where the money should be deposited. Moved by Allen, seconded by Colburn, the request of the Lusk Corporation be approved and the City Manager and the City Attorney and the Mayor be instructed to cco�om ly. Councilman Morgan stated while we are in the negotiating per o3, he would like to have some of the high dirt removed from the land to be used to fill the Duck Pond. Mayor Gautereaux stated he would oppose touching any of the dirt during the period of re- negotiation as their engineering has been done to existingelevations. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Absent: Hogue. THE CITY CLERK stated the number 2000 was erroneously assigned to an ordinance and requested the minutes of July 7th be corrected to read: "Ordinance No. 1100." Moved by Allen, seconded by Morgan, the minutes of July 7th be corrected as requested. Carried by unanimous vote. Absent: Hogue. DIRECTOR 0P PLANNING STOCKMAN read the recommendation of the Planning Commission to deny the request of Lambert B. Escobosa, Cal Maid Furn- iture, to install asphalt topping material between their property line and the curb at 240 West 30th Street on a temporary basis. Moved by Morgan, the recommendation of the Planning Commission be approved. Motion died for lack of second. Councilman Colburn stated he felt we have an obligation to the industrial development area and a waiver of certain requisites with control would aid in the development of the area. Moved by Colburn, secaaded by Allen, a waiver be granted and the recommendation of the Planning Commission and City Engineer be over -ridden. Councilman Morgan said the land was sold to Cal Maid at a reasonable figure, we have put in an eighty foot street, and they should be expected to conform to City Ordinance.. Director of Planning Stockman stated other people in the area are opposed to the temporary asphalt; the people to the north are putting in grass and landscaping. Motion carried, by the following vote to - wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Absent: Hogue. DIRECTOR OF PLANNING STOCKMAN stated on July 7th an application for Zone Variance No. Z-32 was brought before the Council signed by John D. Robuck, Capital Services Company on behalf of Mrs. Alma Newkirk, owner of the Twin Palm Convalescent Hospital, asking permission to build a new, modern, fully equipped convalescent home to accomodate fifty-two patients. The Planning Commission recommended the granting of a zone variance subject to the following conditions: patients are not to be treated for major mental sickness or disease as defined in the Zoning Ordinance; southerly portions of 9th Street adjacent to north property line in accordance with the City Engineer's recommenda- tion; half of all streets abutting the property to be improved in accordance with City Ordinances; a forty foot entrance into the pro- perty be provided from Paradise Drive as recommended by the Fire Inspector; driveways on the property to be twenty feet wide, encom- passing the building, and capable of supporting fire equipment in excess of 25,000 pounds; hydrant to be installed by the City adja- cent to the entrance of the property on Paradise Drive; curbs, gutter and sidewalks to be constructed on Paradise Drive; curbs gutter and sidewalks to be constructed on East 9th Street; off street parking for twenty-eight cars to be provided, and a buffer such as shrubbery or hedge to be provided between the residential development and the proposed development. Moved by Morgan, seconded by Allen, the Plan- ning Commission recommendation be accepted. Mr. Sickle, representing Mrs. Newkirk, was present and stated they would be happy to comply with all the conditions but one, and this was the improvement of Paradise Drive and 9th Street; they felt the new cross-town freeway 7/28/64 116 would be about two hundred yards west of the property and the fron- tage road is planned to be Paradise Drive and when the elevations are set it might all be wasted; on 9th Street they are to dedicate thirty feet to the City which they will do but they felt it would be a hardship to have to improve the street as well. He stated they would be happy to join an improvement district to improve the entire street. Moved by Allen, the City Engineer report on the possibility arising from the question just raised on Paradise Drive at the next meeting and that he proceed with the idea in mind if the motion carried it would still be the same as it is and if there is a change made would be on the recommendation of the City Engineer. Mayor Gautereaux stated there is a motion on the floor. Vice Mayor Allen stated the motion to accept the recommendation of the Planning Commission should have this stipulation in it. Mayor Gautereaux stated the City is asking them to dedicate thirty feet on 9th Street and, due to the elevation, the improvement would be of no benefit to them; the benefit would be to the contiguous pro- perties to the north. Vice Mayor Allen stated the improvement of 9th Street is important but until we have a report from the Engin- eer on Paradise Drive he believed it was an imposition.. Councilman• Morgan, with the approval of his second, incluaed in the motion the City Engineer make a recommendation on the improvement of Para- dise Drive. Councilman Colburn stated he was against the motion, he would like to consider the possibility of 9th Street being dedi- cated but not improved until such time as the property was utilized or a petition for improvement for the entire street was starteu. Mayor Gautereaux stated there is no ingress to the property from 9th Street and the improvement is of no benefit to them. Motion failed, by the following vote to -wit: Ayes: Allen, Morgan. Nays: Colburn, Gautereaux. Absent: Hogue. Mr. Sickle stated if there was no recourse, they would go along with the improvement of 9th Street. Councilman Colburn stated this would mean half of 9th Street would be paved and not the half where houses are located and asked if one week's delay would be detrimental to Mr. Sickle's pro- gram. Moved by Morgan, seconded by Allen the motion to approve the Planning Commission recommendation and that the City Engineer make a recommendation on the improvement of Paradise Drive be reconsidered. Carried, by the following vote to -wit:- Ayes: Allen, Colburn, Mor- gan, Gautereaux. Nays: None. Absent: Hogue. DIRECTOR OF PLANNING STOCKMAN reported the Council approved an over- size driveway on 30th Street for the Imperial Rug Mills and laid over their request for a 176 foot driveway on Coolidge Avenue. She read a report signed by the City Manager and herself stating the Fire Chief, City Engineer, Director of Planning and the property owners have worked together and established that the best solution, consid- ering the entire industrial area, is for the balance of City owned lands, 32.13 feet between the Hewitt property and the proposed rail- road track be jointly considered with an eight foot dedication from the Hewitt Company for the development of a forty foot right of way to be used for an alley and public railroad loading area. She stated if this is approved, it is recommended the oversized driveway for Imperial Rug Mills be approved on Coolidge Avenue and the staff continue working with property owners and the railroad to establish the forty foot alley and public loading space. Moved by Allen, seconded by Colburn, the recommendation of the City Manager and City Planner be approved. Carried by unanimous vote. Absent: Hogue. **APPLICATION FOR PERSON -TO -PERSON TRANSFER of on -sale beer license, Warren W. Woods, dba Club 13, 640 West 13th Street, was presented. Moved by Allen, seconded by Colburn, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Absent: Hogue. 7/28/64 117 Moved by Morgan, seconded by Allen, the meeting be closed. Carried by unanimous vote. Absent: Hogue. The meeting closed at 9:40 p.m. ATTEST: 7/28/64