HomeMy WebLinkAbout1964 01-14 CC MIN217
National City, California, January 14, 1964
Regular meeting of the City Council was called to order at 7:30 p.m. by
Mayor Gauterea.ux. Council members present: Allen, Colburn, Hart,
Morgan, Gautereaux. Council members absent: None.
ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Hess, Oshurn,
Stockman, Stratton.
The meeting was opened with salute to the flag by City Manager Hess,
followed with invocation by Bishop Samuel Meeks, Church of Jesus Christ
of the Latter Day Saints.
Moved by Allen, seconded by Colburn, the minutes of the regular meeting
of January 7th be accepted. Carried by unanimous vote.
CITY ATTORNEY CARSTENS stated he has reviewed the legality of the City's
paying for the Police Reserve Officers Dinner and whereas there is no
exact legal authority, it would appear to be a public expenditure and
there could be no prohibition or objection to such an expenditure,
CITY ATTORNEY CARSTENS reported in regard to the stop payment against
John A. Brand, a letter setting forth details of their problems was
received today and recommended the decision be postponed until next week
after he has an opportunity to discuss the letter with the John A, Brand
Company and evaluate its contents. Moved by Hart, seconded by Morgan,
the City Attorney's recommendation be approved and the letter be filed.
Carried by unanimous vote. CITY CLERK STRATTON stated she received a
telephone call shortly before 5:00 p.m. today from another creditor of
the Brand Company and there will be another stop notice received in the
amount of $1,500. Mayor Gautereaux recommended this information be
referred to the City Attorney to be included in the motion for the
report next week. Moved by Hart, seconded by Morgan, the recommendation
be included in the motion. Carried by unanimous vote.
JAMES PATTON, 580 Third Avenue, Chula Vista, was present and read an
appeal on the Planning Commission's action to zone. nine acres of land
on Sweetwater Road R-1S, 10,000 square foot lots, requested the land be
zoned C-2P to allow planned unit development and gave the letter to the
City Clerk to be filed. DIRECTOR OF PLANNING STOCKMAN stated the Plan-
ning Commission's report is to be presented later in the meeting; the
certificate of annexation for thearea has not yet been received from
the Secretary of State, and a hearing will probably be set for February
4th. Moved by Allen, seconded by Colburn, this be postponed until the
Director of Planning's report is heard and a public hearing is set.
Carried by unanimous vote.
VICE MAYOR ALLEN stated he would like to have a change made in the min-
utes of the January 7th meeting to change his vote on the City's paying
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for the Police Reserve Officers Dinner from "Aye" to "Abstain". Mayor
Gautereaux ruled it out of order and stated the minutes will stand.
COUNCILMAN MORGAN stated he talked to the City Engineer in regard to
the drainage at 24th and Wilson and he does not think it is capable of
caring for the drainage needs in the area; when the tide is in and it
rains the system will not function.
COUNCILMAN MORGAN stated he would like to see the ground raised at the
30th Street Dump. Moved by Morgan, seconded by Hart, it be referred to
the Finance Committee for inclusion in next years budget. Vice Mayor
Alien stated the same motion was made several weeks ago and it was
considered for inclusion
referred to the City Manager to beAmoiludadc in the budget for the next
fiscal year. Councilman Morgan withdrew the motion and Councilman Hart
withdrew his second.
COUNCILMAN MORGAN stated he would like to see proceeds from sale of
City owned land set aside in a fund for the improvement of streets.
Moved by Morgan, seconded by Hart, one half of the money received from
the sale of City owned land be put into a fund for new streets. Coun-
cilman Colburn stated the Council has already earmarked such monies,
Mayor Gautereaux requested the City Manager to state the present policy.
City Manager Hess stated a Resolution was adopted stating the proceeds
of sale of City owned property go into a Civic Center Fund. Councilman
Morgan stated this is the only opportunity to have streets in National
City. Vice Mayor Allen stated streets can be financed through 1911
Acts. Motion failed by the following vote to -wit: Ayes: Hart, Morgan.
Nays: Allen, Colburn, Gautereaux.
HEARING on proposed "Wright Annexation" was held at this time. City
Clerk Stratton stated she - received no written protests and there was no
one present in this regard. Moved by Allen, seconded by Colburn, the
hearing be closed and the annexation referred to the City Attorney for
processing. Carried by unanimous vote.
RESOLUTION NO. 8563, "FINDING AND DETERMINING THAT A MAJORITY PROTEST
HAS NOT BEEN MADE (WRIGHT ANNEXATION)", was read. Moved by Allen, sec-
onded by Morgan, the Resolution be adopted. Carried, by the following
vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays:
None.
Moved by Gautereaux, seconded by Allen, the drainage at 24th and Wilson
be referred to the City Manager for a report as to how adequate the
drainage is, pursuant to engineering specifications and if there are
means by which the tide water can be pumped back into the bay against
any drain that may be installed. Carried by unanimous vote.
*As corrected by Council 1/21/64
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219
MAYOR GAUTEREAUX presented a key of the City and a certificate to City
Engineer Harold C. Foster in recognition of his outstanding achievement
in the field of administration which has contributed to the over-all
efficiency of the City.
MAYOR GAUTEREAUX stated with approval of the Council he would recommend
for appointment to the Planning Commission Cliff Reed, Sr., 1604 !tDsv
Avenue, and Alvin A. Britt, 3016 Palmer Way. Moved by Allen, seconded
by Morgan, the recommendation be approved. Carried by unanimous vote.
MAYOR GAUTEREAUX reported on his trip to Washington, D. C., with Mayor
Curran of San Diego and officials of the San Diego Unified Port District,
He stated Under Secretary of the Navy BeLieu stated the Navy is not con-
cerned with the economics of San Diego but with the economic aspect of
the Navy. There was discussion of the disposition of the mothball fleet
and how it would fit into the defense posture; how many man hours to
ready the fleet and how they could be readied. There will be an answer
forthcoming. The nature of the San Diego Naval Repair Facility is
unique and does not fall into the category of ship yard although it is
listed in with the reports of other major yards. We have requested it
be included in the report of the Secretary of the Navy by the Nitze
Review Committee. Mr. Bradford, Economic Readjustment Bureau, is to be
in San Diego February 7th and will review the properties occupied by
the Navy which are not being fully utilized which could be key lands for
industrial development. Mayor Gautereaux stated Congressman Van Deerlin
has been very helpful in the matter of trying to postpone the closing of
the repair facility. Mayor Gautereaux stated he laid a wreath on the
grave of President Kennedy in the name of the children and people of
National City and saw President Johnson deliver his State of the Union
message. Mayor Gautereaux pledged he would continue to work with Mayor
Curran and Port Officials in this matter.
ASSISTANT CITY MANAGER OSBURN reported in regard to the surfacing of
rtN,, Avenue in the 2100 block of a misunderstanding. The Public Works
Department was not attempting to pave the surface of the street, but to
patch some holes which have developed. Moved by Allen, seconded by
Colburn, the reports of the Director of Public Works and Assistant City
Manager be approved and filed. Carried by unanimous vote.
CITY ENGINEER FOSTER stated in regard to the traffic control at the
intersection of 12th Street and Palm Avenue, there are several areas
to be explored and requested he be allowed to complete the study before
presenting it to the Council. Moved by Morgan, seconded by Colburn,
the request be granted. Carried by unanimous vote.
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220
COMMUNICATION from Bank of America in regard to escrow for sale of land
allegedly handled by a San Diego Bank, was presented. Moved by Allen,
seconded by Colburn, the City Manager be instructed to make a report to
the Council at the next meeting where all escrows have been held on
sale of City lands and in what banks funds are deposited and in what
amounts, and we rotate funds in banks the same as is done with title
policies so no one will feel we are playing ball with only one group;
and the City Manager read the letter into the record so the public will
have knowledge of its contents. Mayor Gautereaux stated the section of
the motion in regard to the rotating of funds pre-empts a function of
the City Treasurer, the Council cannot set policy on where the City
Treasurer will deposit monies. Vice Mayor Allen, with the approval of
his second, withdrew that portion of his motion. Mayor Gautereaux
requested the motion be restated. Moved by Allen, seconded by Colburn,
the City Manager report at the next meeting in what banks the funds are
that belong to the City, where properties we have sold have been
previously, and we try to adopt escrow procedures the same as we
title companies, each in
this particular piece of
are talking about. CITY
turn,
and
that
we have the City Manager
correspondence so
escrowed
do with
read
everyone will know what we
MANAGER HESS read the communication to the
Mayor and City Councilmen from John A. Dyster, Vice President and Mana-
ger of the National City Branch of Bank of America, dated January 9,
1964, stating the escrow for sale of land for the cooperative apartments
handled by a San Diego Bank and requesting an explanation. Council-
Colburn asked if the City Manager cared to make any comment regard -
this before next week. Vice Mayor Allen stated he would like to
include in his motion an explanation of why the escrow was placed out-
side the City, seconded by Colburn, MAYOR GAUTEREAUX stated the escrow
was placed in the U. S. National Bank in National City and the final
was
man
ing
processing of th
National Bank an
Bank of America;
escrows since he
to -wit: Ayes:
APPLICATION for
e escrow was handled by the main branch of the U. S.
d it appears to be a petty point of issue taken by the
especially as Bank of America has handled 100% of the
has been Mayor. Motion carried, by the following vote
Allen, Colburn, Hart, Gautereaux. Nays: Morgan.
Person to Person Transfer of On -Sale Beer License for
Arvil J. and Beatrice C. and Donald L. Torbett, dba Cafe El Juan, 2316
Highland Avenue. Moved by Allen, seconded by Colburn, the application
be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn,
Hart, Gautereaux. Nays: None. Abstaining: Morgan.
COMMUNICATION from State Highway Engineer Womack acknowledging National
City Resolution No. 8542 was presented and ordered filed by unanimous
vote.
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221
COMMUNICATION from Department of Special District Services in regard to
Flood Plain Information Study was presented and ordered filed by unani-
mous vote.
CITY MANAGER HESS stated under Resolution No. 6984 of June, 1957, pay-
ments in the amount of $10,240 were made to California Water and Tele-
phone Company for installation of water mains in Las Palmas Park. To
date they have refunded $4,025.77 of it. By virtue of a recent ruling,
it is possible we can have the entire amount refunded at one time.
However, application would have to be made for the refund. The City
Manager recommended the City Attorney be authorized to prepare an
appropriate resolution authorizing the Mayor to sign an application for
the return of this money. Moved by Alien, seconded by Colburn, the City
Manager's recommendation be approved. Carried by unanimous vote.
CITY MANAGER
the National
Keener, from
be signed by
the Attorney
HESS reported receipt of a change in name of the bond for
City Rubbish Service, previously in the name of Raymond
Hartford Accident and Indemnity Co. It requires that it
the City of National City and the City Manager recommended
prepare a resolution authorizing the Mayor to sign the
document. Moved by Allen, seconded by Colburn, the City Manager's
recommendation be approved. Carried by unanimous vote.
CITY MANAGER HESS reported receipt of a letter from James Price, attor-
ney for G M U, Inc., requesting an extension of the completion date for
the municipal golf course to June 1st due to internal reorganization.
This would require changes to be made by the City Attorney and the City
Manager. City Manager Hess recommended the City Attorney and the City
Manager be authorized to make the changes and they be brought to the
Council before final approval. Moved by Morgan, seconded by Allen, the
City Manager's recommendation be approved. Carried by unanimous vote.
CITY MANAGER HESS reported receipt of a letter from E. C. Williams,
special agent in charge of the San Diego office of the F.B.I., express-
ing his appreciation for the effective cooperation given his office by
Chief of Police Cagle and his staff. City Manager Hess stated he has
acknowledged the letter and recommended a copy be placed in the Chief
of Police's personnel folder and the original be filed in his office.
Moved by Allen, seconded by Morgan, the City Manager's recommendation
be approved. Carried by unanimous vote.
CITY I4ANAGER HESS read a communication
stated the pleasure the patrons of the
mas decorations and the choral groups.
Colburn, a copy be sent to the Chamber
filed with the City Clerk. Carried by
from, Librarian Ellen Baeder which
Library derived from the Christ -
Moved by Morgan, seconded by
of Commerce and the original be
unanimous vote.
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222
CITY MANAGER HESS stated an individual interested in land in Bahia Vista
has contacted him and requested a meeting of the Real Estate Committee
be called. Chairman of the Real Estate Committee, Councilman Morgan,
stated he would call a meeting of the Committee for 10:00 a.m., Wednes-
day, January 15th, in the City Manager's office.
CITY MANAGER HESS reported receipt of a certificate of insurance cover-
ing the assignment of the Keener contract to the National City Rubbish
Service, Inc., which has been approved by the City Attorney and recom-
mended it be filed with the City Clerk. Ordered filed by unanimous vote,
CITY MANAGER HE3S stated he has received a request for an over -size
driveway and has the Engineering and Planning Department reports on it
and asked if the Council would like to discuss it or have it put on the
agenda. Moved by Morgan, seconded by Colburn, it be placed on the agenda
for next week. Carried by unanimous vote.
CITY CLERK STRATTON read a communication from Congressman Lionel Van
Deerlin thanking her for the copy of the Resolution in regard to the
postponement of the closing of the Naval Repair Facility and stating he
will continue to try to avert this blow to San Diego's economy, Ordered
filed by unanimous vote. MAYOR GA JTEREAtJY stated Congressman Van Deerlin
is doing an outstanding job of representing the area.
CITY CLERK STRATTON stated she has Affidavits of Mailing Notice of the
Hearing, 2nd Street east of Harbison Avenue; Notice of Adoption of Reso-
lution of Intention 8553 (2nd Street east of Harbison Avenue); Affidavit
of Mailing Notice of Hearing on 17th Street from "J" Avenue to "L" Ave-
nue; Affidavit of Mailing Notice of Adoption of Resolution of Intention
No. 8548, 17th Street from HJtt Avenue to "L" Avenue; and Affidavit of
Posting Notice Inviting Sealed Bids for "L" Avenue, 4th to 6th Street,
etc. Ordered filed by unanimous vote.
REPORT of the Director of Public Housing was presented. Moved by Allen,
seconded by Hart, the report be approved and filed. Carried by unani-
mous vote.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommenda-
tion establishing zoning on Sweetwater Road Annexation (Ordinance No.
1086) as R-1-S. The Director of Planning recommended the report be
received and a hearing set for February 4th. Moved by Hart, seconded by
Colburn, the Director of Planning's recommendation be approved. Carried
by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommenda-
tion the "Fritz Annexation" be accepted. Director of Planning Stockman
recommended the report be received and referred to the City Attorney for
preparation of a Resolution. Moved by Colburn, seconded by Hart, the
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223
Director of Planning's recommendation be approved. Carried by unanimous
vote.
CITY CLERK STRATTON stated at 4:45 p.m. she received an appeal addressed
to the Planning Commission in regard to denial of waiver of the 1911 Act
regarding property at 2332 "J" Avenue. Director of Planning Stockman
stated Ordinance No. 962 requires in the building of a new structure in
excess of $2,500 the property owners must install curbs, gutters, and
sidewalks. This was presented to the Planning Commission on January 8th;
the Engineering Department recommended the Street Department put in the
necessary grading and the curbs and sidewalks be installed by the propert
owners and the Planning Commission denied the request for waiver of curbs
and sidewalks. Mr. Bullock, 6557 El Cajon Blvd., contractor who has
added a room to the Lucock house, was present and stated the owners have
had difficulty obtaining financing for the improvement and do not know
how they can finance the curbs and sidewalks. The job he is completing
for them will not get a final inspection until the curbs and sidewalks
are installed. Vice Mayor Allen stated the contractor should find out
the ordinance prior to undertaking a job. Councilman Hart said in the
event of hardship he thinks they should be given time to work it out.
Mayor Gautereaux stated he thought notice should be taken of the fact
the people were not present and their absence indicates they are not
too interested in the problem; and recommended it be laid over for a
week. Moved by Morgan, seconded by Gautereaux, it be laid over for a
week. Councilman Colburn inquired how many days would be required for
Bullock to finish the job and was told three or four days. Motion car-
ried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan,
Gautereaux. Nays: None.
Thomas Darling, who proposed to operate a silk screen shop and "do-it-
yourself" boat yard at 28th and Coolidge, was present, and stated the
Planning Commission requires the property to be fenced. The property
has a wire fence around it; but the Planning Commission insists on a
solid fence and he cannot obtain a business license until this is re-
solved. Director of Planning Stockman stated Ordinance 962 required
M-3 land to be enclosed within a solid wall and the only way Mr. Darling
could solve his problem would be to apply for a zone variance. Mayor
Gautereaux stated the only guidance the Council could give him would be
to apply for a zone variance through the Planning Commission, Mayor
Gautereaux inquired when the hearing could be held if Mr. Darling
applied for a zone variance. Director of Planning Stockman stated the
hearing could be on February 12th or an alternate day chosen by the
Planning Commission because of the holiday. Mayor Gautereaux advised
Mr. Darling to apply for a zone variance and stated the Council is in
no way committed.
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224
Moved by Morgan, seconded by ,,Hart, the meeting be closed. Carried by
unanimous vote. The meeting closed at 9:25 p.m.
ATTEST:
CITY CLERK
CI OF TIONAL CITY CALI ORNIA
1/14/64