HomeMy WebLinkAbout1964 12-01 CC MIN,219
National City, California, December 1, 1964
The regular meeting of the City Council was called to order at 7:30 p.m. by
Mayor Gautereaux. Council members present: Allen, Colburn, Hogue, Morgan,
Gautereaux. Council members absent: None.
ADMINISTRATIVE OFFICIALS present: Biggs, Carstens, Foster, Gautereaux, Hess,
Minogue, Osburn.
The meeting was opened with salute to the Flag led by City Manager Hess,
followed with invocation by the Reverend Harry W. Huntsman, Associate Pastor,
First Methodist Church.
MOVED BY COLBURN, seconded by Allen, the minutes of the regular meeting of
November 24th be approved with the following correction: the inclusion of
Mrs. William Hogue's name with the official hostesses present and welcomed
by the Mayor. Carried by unanimous vote.
MOVED BY ALLEN, seconded by Hogue, the minutes of the special meeting on
the Senior Citizens be approved. Carried by unanimous vote.
RESOLUTION NO. , resolution authorizing write-off of debt due Department
of Housing, was presented. Moved by Allen, seconded by Colburn, the
reading of the Resolution be waived and it be ad opted by reading of the
title only. Carried by unanimous vote.
RESOLUTION NO. 8813, "RESOLUTION AUTHORIZING WRITE-OFF OF DEBT DUE
DEPARTMENT OF HOUSING." Moved by Allen, seconded by Colburn,the Resolution
be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn,
Hogue, Morgan, Gautereaux. Nays: None,
ORDINANCE NO. ,an Ordinance of the City of National City, California,
adopting the Uniform Building Code, 1961 edition and the appendix thereto,
providing penalties for the violation thereof: declaring and establishing
fire zones and repealing Ordinances No. 840, 905, and all other Ordinances
and parts of Ordinances of said City in conflict therewith, was presented.
Moved by Hogue, seconded by Allen, the second reading of the Ordinance be
waived and it be adopted by reading of the title only. Carried by unanimous
vote.
ORDINANCE NO. 1108, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA,
ADOPTING THE UNIFORM BUILDING CODE, 1961 EDITION AND THE APPENDIX THERETO,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF: DECLARING AND ESTABLISHING
FIRE ZONES AND REPEALING ORDINANCES NO, 840, 905, AND ALL OTHER ORDINANCES
AND PARTS OF ORDINANCES OF SAID CITY IN CONFLICT THEREWITH." Moved by
Hogue, seconded by Allen, the Ordinance be adopted. Carried, by the follow
ing vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays:
None.
CITY ATTORNEY CARSTENS reported the receipt of a letter from the office of
Bear & Freeman which indicates they may dismiss the appeal which was filed
in the case of Geideck vs. Minogue and enclosing a check to the City in the
amount of $87.70 (costs advanced by the City), and this check has been sent
in to the City Clerk. From information available now, it appears the
appeal will be dismissed and will not be prosecuted by Mr. Geideck. As it
has not been processed, it would automatically make the Superior Court
action a final decision; the election of our City Clerk then becomes final.
COUNCILMAN MORGAN stated several business people on 8th Street contacted him
regarding the widening of 8th Street, and asked the City Manager and City
Engineer if there are plans to widen 8th Street to four lanes. City Manager
Hess stated approximately six months ago hehad attended a meeting of the
Chamber of Commerce where a report concerning this matter was made by one
of the interested parties; at that time it was his understanding they were
considering the presentation of a petition for a 1911 Act to widen 8th Street
from "L" Avenue westerly but to date it has not been received. City Manager
Hess stated we have no immediate or concrete plans to widen 8th Street as
it has not been requested. City Manager Hess said the Engineering Department
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is of the opinion the widening of 8th Street in the business district would
be desirable,
COUNCILMAN MORGA% stated repr :sentative of the Nationaj Pony League will be
in National City tomorr' .fw' in regard to tape , ontrdei lior the Pony League
World Series and he would like the President of 4he National City Pony
League and the Mayor tb`5ign the contract, if itPvould be proper for the
Mayor to sign. City Attorney Carstens stated he understood we still do not
have an advance. Councilman Morgan stated we do have last year's contract
and suggested a contract be signed subject to Council approval next week.
The City Attorney stated it would be appropriate if the Mayor signs with the
understanding it is subject to the approval of the Council; as long as it
is made specific and is clearly understood, he could see no objection.
Moved by Morgan, the Mayor be authorized to sign the contract and a Resolution
adopted next week, giving final approval of the contract. Mayor Gautereaux
asked if we could legally enter into this contract, what monies do we have
and would the City be assuming these obligations; and if so, are we in con-
currence in assuming these obligations. The Mayor explained he preferred
not to sign the contract subject to the Council's approval next week; he
would sign if it were resolved at this meeting that we can legally enter
into a contract and assume these obligations. City Attorney Carstens stated
legal obligation_ of:ly cones :unto effect uper approval of the Council; the
Mayor's signature on the contract does not mean it is a binding contract as
of then; it is not binding until he gets the approval of the Council, after
having an opportunity to review the contract. City Attorney Carstens
suggested Mr. Gautereaux, as Mayor, negotiate the terms of the contract
and enter into a tentative agreement with them, with the understanding it
has to meet the approval of the Council next week. Vice Mayor Alien asked
if it would be possible for the City Attorney to be present and see the
contract and was informed there would be no problem there; as far as
legality of the contract, it could be approved right now, but if the Mayor
signs the contract with the Council having approved it in advance, then it
is a legal and binding contract. The City Attorney said he was sure the
Councilmen would like an opportunity to review it. Moved by Allen,seconded
by Colburn, the Mayor be authorized to sign the contract upon approval of
the City Attorney and City Manager of its legality and contents. Councilman
Colburn stated the contract could be legal but the provisions might not be
agreeable. Councilman Morgan stated it was possible Joe E. Brown would be
present for the signing of the contract. Mayor Gautereaux stated, for
publicity purposes, some kind of document would be signed. Motion carried
by unanimous vote.
MAYOR GAUTEREAUX reported receipt of a letter from the Mayor of the City of
Louisville, Kentucky, acknowledging Vice Mayor Allen's letter of November
lah and stating it was gratifying to receive a letter of commendation for
their hospitality and it was a pleasure to have the International Chiefs
of Police in Louisville for their convention.
MAYOR GAUTEREAUX reported receipt of a communication from the City Manager
with a request of the Council: Mr. Hess has accumulated 18-1/2 days of
annual leave, since his employment he has used 11-1/2 days leave; the City
Manager requested since it will be impossible for him to use his leave
before he will lose it and he can not use morethan eight days because of
the work load in his office, approval be given for him to be paid for ten
days straight time. Moved by Colburn, seconded by Alien, the City Manager's
request be granted. Vice Mayor Allen stated we would be far ahead to pay the
City Manager this amount than to have him absent from the post he fills so
well. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue,
Morgan, Gautereaux. Nays: None.
E. H. ALSDOR, 2105 "J" Avenue, was present and stated he was sorry he did
not have new calendars for the Council but promised them by next week; the
tumbleweeds on 22nd Street between "J" and "K"on the north side of the street
have been removed, most of them were on combined city and owner property and
that by actual count there were 4,555 of these tumbleweeds taken out. Mr.
Alsdorf suggested that the Fire Department take out those on the other side
of the street on 22nd Street between "J" and "K". He stated in regard to the
widening of 8th Street, in the Minutes of the meeting of November 23rd a
suggestion was made, accepted and placed on the docket that we make 8th
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221
Street and l0th Street one-way streets. Mr. Alsdorf asked if there were
going to be any more mobile home units in National City or not and, if so,
even now we have had time enough to add this to our Ordinances, covering
placement of buildings, etc. in National City.
PAYROLL, AUDITED BY THE FINANCE COMMITTEE was presented: $58,195.63. Moved
by Colburn, seconded by Hogue, the payroll be approved and warrants ordered
drawn for same. Carried, by the following vote, to -wit: Ayes: Allen,Colburn,
Hogue, Morgan, Gautereaux. Nays: None.
BILLS AUDITED BY THE FINANCE COMMITTEE were presented:
General Fund $ 10,127.09
Traffic Safety 5,489.49
Park 187.39
Retirement 4,989.35
Gas Tax 56.05
Trust & Agency 25.00
Drainage 5,391.60
Sewer 382,21
Civic Center 1,900.00
TOTAL $ 28,548.18
MOVED BY COLBURN, seconded by Alien, the bills be approved and warrants
ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen
Colburn, Hogue, Morgan, Gautereaux. Nays: None.
CITY MANAGER HESS reported in regard to when the traffic signal for 12th
Street and Palm Avenue could be accomplished, it ha, been re-evaluated;
through transfers to the Special Street Fund, the actual installation of
the traffic signal there can be facilitated. Mr. Hess stated at the last
Council meeting it was indicated the installation of the signal alone would
be $16,000.00 and the amount necessary for the acquisition of additional
land was unknown. City Manager Hess stated since last week fairly complete
data as to the cost for the rights -of -way on 12th Street was obtained. The
property owner who owns the pie -shaped piece of property at 12th, Plaza and
Palm indicates that he would not be interested in dedicating the property
free of charge; the 30 feet necessary on the northerly boundary(30 feet
wide and some 220 feet from east to west)would make the property useless;
however, he would sell the entire parcel to the City for a sum which would
exceed $20,000.00. The City Manager said other people to the east of this
gentleman have indicated they would dedicate their 30 feet to the City for
the necessary right -of -.way without any charge providing all parties involved
would dedicate in the same manner; should this pattern of purchasing the
one parcel of land at 12th, Plaza and Palm for over $20,000.00 be followed,
our property costs for the necessary right-of-way would probably be about
$40,000.po. City Manager Hess stated it would be impossible for him to
state when the City would have that amount of money for a traffic signal.
Mayor Gautereaux stated a motion to reconsider would be appropriate and the
matter be placed on the Agenda for next week to give ample notification
through news media to the people in the general area so they may come and
hear Council discussion on it and have an opportunity to be heard. Moved by
Hogue, seconded by Alien, the City Manager be authorized to begin the
immediate job of installing a 4-way light at the corner of 12th and Palm,
that due notice be placed in the news media and a public hearing be held next
week. Councilman Colburn asked if the motion carried, would it mean the con-
tract would be let immediately and bids called for and would it be possible
that the installation would be started before the public hearing is held;
if the motion carried, the light installation would be in progress and after
a week's study and the public hearing, he might not favor the light. Council-
man Morgan stated he was against going ahead with the light and then setting
up a public hearing; it was proper to hold a public hearing but not start
installation before a public hearing. Vice Mayor Alien stated he was in
favor of going ahead with it; the same people with the same arguments will
appear at the hearing and they are not going to listen to whether it will
cost $50,000.00 or more money; they will not consider 12th Street is going
to be dead -ended in another year and a half by a freeway. The Vice Mayor
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222
stated he favored the motion to go ahead and install the light and, if at a
later date we make it a 5-way light, we would be well ahead of the game and
have the thing in motipn._...,Councilman Morgan stated one reason for having a
public hearing is the fr..eeway closes 12th Street.ncxt_to the freeway and
they will have no egreeseeParadise Drive is open ieeteit will be on the other
side of the proposed freeway. Mayor Gautereaux stated he was against the
motion, when the Council set the policy and established what we were to pro-
ceed with, the people involved had an opportunity4q be heard; he felt now:;.:
they should be given an,,gpportunity to be heard prier to a change and he
hoped in making the recomeendation a decision woildcbe reached after the
people had an opportunity ,to be heard. Motion f34 e3 by the following vctet
dyea: Allen, Hogue, Nays: Colburn, Morgan, Gautereaux. Moved by ,organ,
seconded by Colburn, the.,matter be placed on the.Agenda for next week and
the people in the area affected be notified. Councilman Colburn requested
the City Manager to provide a large map for the board, as the discussion is
sure to include certain routes and the latest information from the Division
of Highways be available (The proposed freeway route where it crosses 12th
Street and if the exact locations are not available, at least the general
area, so all of the routes in and out of the area can be shown.) Carried,
by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan,Gautereaux.
Nays: None.
CITY MANAGER HESS reported in regard to the proposed tree planting program
he would make the following observations and recommendations: (1) In com-
mercial areas where community improvements are made and where it is practical
and feasible, the City plant and maintain appropriate trees and/or shrubs;
(21 The appropriate planting should be accomplished according to the desires
of the property owners, consulting with the Superintendent of Parks; (3)prior
to the installation of any planting in the parkway area, the property owner
receive the aggregate recommendation of the Superintendent of Parks, the City
Engineer and City Manager, Director of Planning, who will be assisted by two
additional ci izens, one from the Planning Commission and one from the Park
and Recreation Advisory Board, and lastly, (4) Before the actual installations
are made, the matter will be brought back before the City Council. Moved by
Morgan, seconded by Allen, the City Manager's recommendations be approved.
Carried by unanimous vote. The City Manager asked authority be granted him
to direct a letter to the Chairman of the Planning Commission and to the
Park and Recreation Advisory Board, indicating that we would like to have a
nomination from them for a member who will serve on this Advisory Board.
Moved by Allen, seconded by Hogue, the City Manager's request be granted.
Carried by unanimous vote.
CITY MANAGER HESS reported in regard to possible encroachment in the alley
in the 2100 Block of "J" Avenue, the matter was brought to the attention of
our Public Works Department on November 3, 1964; after an inspection was
made, a letter was mailed to the property owner on November 10th,requiring
the removal of the overhanging shed roof. The actual work was completed
on the 12th, indicating the problem was abated prior to the complaint brought
before the Council last week. The City Manager said as to the matter of
trees in the alleyway in the 2100 Block between "J" and "K",trash contractor
looked the situation over and advised that trash service can be provided in
the alley.
COMMUNICATION from Harold R. Hudspeth, Pastor, St. Andrews Presbyterian
Church, commending Police Officer R. J. Wilkie, was read. Moved by Alien,
seconded by Hogue, the letter be filed and a copy placed in Mr. Wilkie's
records. Carried by unanimous vote.
COMMUNICATION from U. S. Army Corps of Engineers in regard to a public
hearing on the application for approval of the location and plans for a
fixed -span bridge across San Diego Bay, 7:00 p.m., Monday, December 7th,
Convention Facility, Community Concourse, was presented. Ordered filed by
unanimous vote.
COMMMUNICATION from Harry LaDou, Executive Director, "War Against Litter"
Committee, outlining budget and need for additional funds was presented.
Moved by Allen, seconded by Morgan, the letter be filed. Councilman Colburn
asked if we could legally donate to this Committee and, if so, what type of
donation and where would the funds come from. Mayor Gautereaux stated the
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223
point to be clarified is whether or not we wish to participate in this typo
of activity; possibly it was an area better handled by the Chamber of
Commerce. Motion carried by the following vote, to -wit: Ayes:Allen, Colburn,
Hogue, Morgan, Gautereaux. Nays: None.
CONICATION from the Chamber of Commerce urging the proposed development
of a mobile homes park adjacent to the South Bay Plaza was presented. Moved
by Hogue, seconded by Colburn, the letter be filed. Vice Mayor Allen requested
the motion include a copy of the letter be read with the other letters at
the public hearing on this particular situation. Moved by Hogue, seconded
by Colburn, to include the Vice Mayor's request. Carried by unanimous vote.
COMMUNICATION from Freeland and Bird, Engineers and Architects, in regard to
"keying" Civic Center was presented. Moved by Allen, seconded by Hogue,
the recommendations of Freeland and Bird be approved and the communication
be acknowledged and filed, Carried by unanimous vote.
CITY MANAGER HESS reported that while we were working on the First, Laurel
and Norton 1911 Act Improvement project, it was necessary to relocate a
power pole. The San Diego Gas & Electric Company worked closely with the
City in handling the problem; moving the pole from the old location to a
new location and they are asking now that we execute the proper easement.
The City Manager suggested authority be granted to the City Attorney to pre-
pare the necessary documents. Moved by Allen, seconded by Hogue, the City..
Manager's suggestion be approved. Carried by unanimous vote.
RESOLUTION NO. 8814, Resolution of Transfer of Funds (General to Special
Street Fund $15,000.00, General to Drainage Fund $15,000.00) was presented.
Moved by Morgan, seconded by Hogue, the Resolution be adopted. Carried, by
the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux.
Nays: None,
CITY MANAGER HESS reported the receipt of the Minutes of the regular meeting
of November 4th and adjourned meeting of November. 17th of the South Bay
Irrigation District and suggested the minutes be filed with the City Clerk,
Ordered filed by unanimous vote.
CITY MANAGER HESS reported receipt of a request from the Municipal Employees
Association for the use of the Community Building Saturday, December 12,
1964, 1:00 p.m. to 5:00 p.m,, for their annual Christmas party for children,
and suggested the request be granted on a no fee basis. Moved by Hogue,
seconded by Alien, the City Manager's suggestion be approved. Carried, by
the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan,Gautereaux.
Nays: None.
CITY MANAGER HESS reported receipt of a Performance Bond requested from
Stanley Dodge-Simca,Inc. and suggested it be filed. Ordered filed by
unanimous vote.
CITY MANAGER HESS reported receipt of a letter from L. 3. Egger to the City
Council in regard to the feeling and sentiment of the district in regard
to the recently completed 1911 Act Improvement on First, Laurel and Norton;
during the course of this project there was criticism of both the engineering
and construction, due to a lack of understanding and now there is nothing
but praise for the quality of work and public relations established by the
Hazard personnel with particular reference to their foreman, who was never
too busy to listen to a suggestion by a property owner and always did all
in his power to grant reasonable requests.
CITY CLERK MINOGUE reported the receipt of a communication from City Engineer
Foster enclosing a petition for the improvement of Lanoitan Avenue from 16th
Street to 24th Street, recommending the petition be accepted by the City
Council and the City Engineer be directed to prepare and finish the plans.
Moved by Allen, seconded by Morgan, the City Engineer's recommendation be
approved, petition be received, accepted, and we continue with 1911 Act
Improvement on Lanoitan. Carried by unanimous vote.
MAYOR GAUTEREAUX called a five minute recess. Directof of Planning Stockman
arrived and took her place at the meeting.
12/1/64
The meeting was called to order at 8:30 p.m. Council members present: Allen,
Colburn, Hogue, Morgan, Gautereaux. Absent: None..
DIRECTOR OP PLANNING STOCKMAN read the November 25th recommendation of the
Planning Commission, approving construction plans for the Planned Development
of Castle Manor Rest Home (Arvil R. Hardcastle), 2216 East 5th Street, an
R-4-P-D zone, with "V" Avenue from 5th to 8th Streets to be developed as a
30 foot street with two-way traffic, without parking, and additional buildings
constructed in the future to be set back sufficient for a 60 foot right-of-
way and that Mr. Hardcastle be granted a Planned Development Permit for a
52 bed rest home subject to eleven (11) restrictions. Moved by Morgan,
seconded by Colburn, the recommendations of the Planning Commission be
approved and referred to the City Attorney for the necessary Resolution with
the correction that the recommended "Performance Bond" be changed to
"Completion Bond."Mayor Gautereaux asked why a performance bond was required
of a man building on his own property; Vice Mayor Allen stated completion
bond was the intention. Carried by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN read the November 25th recommendation of the
Planning Commission to approve the application for zone variance by John W.
Gilmore, General Manager, South Bay Plaza, relative to property located
north of 14th Street between "L" Avenue and "N" Avenue; applicants are
requesting permission to allow a mobile home park in an R-4, Multiple Resi-
dence Zone and a C-3-A, General Commercial Zone, subject to twenty-five(25)
conditions. The Director of Planning stated 33.9 percent of the 53 property
owners within 300 feet of the property do not oppose the granting of this
request, 20.7 percent do oppose the granting, 20.7 percent voiced no
opinion but signed the petition and 24.7 percent did not sign a petition.
Director of Planning Stockman stated the Planning Commission recommended
the granting of the variance subject to the conditions and hinging upon the
fact that "L" Avenue can be made into an adequate thoroughfare, not less
than a 60 foot right-of-way, to connect from where it narrows down to Plaza
Boulevard and if this is possible, the Planning Commission recommends the
closing of "M" Avenue on the basis that it is not a street but only a portion
of a street and can not be developed without legal proceedings. Director
of Planning Stockman recommended the report be received, brought back to the
City Council after the necessary fifteen (15) days(Deceiuber 22nd), at which
time the City Council can take final action, that the matter of "M" Avenue
be referred to the City Attorney for the drafting of Resolution of Intention
of Closing, setting a public hearing, and that the matter of the feasibility
of "L" Avenue be referred to the City Manager for a report. Moved by Allen,
seconded by Colburn, the recommendations of the Director of Planning be
approved. Carried by unanimous vote.
DIRECTOR OP PLANNING STOCKMAN reported the receipt of a communication from
the Bradston Rattan Products, requesting consideration of the closing of
20th Street in the alley in the western part of the City and recommended
this be referred to the Planning Commission for a report. Moved by Alien,
seconded by Colburn, the City Planner's recommendation be approved. Carried
by unanimous vote.
MOVED BY COLBURN, seconded by Morgan, the meeting be closed. Carried by
unanimous vote. The meeting closed at 8:48 p.m.
/
ATTEST:
Ci; y Clerk
R, CITY OF NATIONAL CITY, CALIFORNIA
12/1/64