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HomeMy WebLinkAbout1963 10-15 CC MIN110 National City, California, October 15, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Hess, Foster, Osburn, Stockman and Stratton. The meeting was opened with salute to the Flag by City Manager Hess, followed with invocation by Judge John R. Menard, National Judicial Court. Moved by Allen, seconded by Colburn, the minutes of the regular meeting of October 8, 1963, be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated, with the Council's permission, he would defer the reading of two resolutions pertaining to items on the agenda until the items were presented for discussion. Ordinance No. , "an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City, California", was presented for the second and final reading. Moved by Alien, seconded by Hart, the ordinance be adopted by reading of the title only, Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1077, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA" (establishing new zones R-4-P-D and C-2-P-D). Moved by Alien, seconded by Colburn, the ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. CITY ATTORNEY CARSTENS reported in regard to the City's protest of application of transfer of on -sale beer license for Harold F. Dodds, 21 W. 7th Street, the hearings were held on August 1st and the decision of the Department of Alcoholic Beverages has been received. The City based their protest on a saturated area. During the hearing it was brought out it would be a pizza house and the operator desired to serve beer during eating hours and only in conjunction with food with no live entertainment. It was the decision of the Board if the sale of beer was under those conditions the license would be granted. If the Coun- cil is not satisfied with the decision, they may file an appeal. Moved by Morgan, seconded by Alien, the decision be appealed. George C. Schrader,; 712 "E" Avenue, was present and stated the Chief of Police said the area gave the police more trouble than any other and the addi- tional license will add to their trouble. Motion failed by the follow- ing vote to -wit: Ayes: Allen, Morgan, Nays: Colburn, Hart, Gautereaux. 10/15/63 120 RONALD FIELD, San Diego Traffic Safety Council, was present and awarded a certificate of achievement to the City for noteworthy performance in the National Auto Safety Check. ROGER STEEL, Chairman of the Chamber of Commerce's Christmas Decorations Committee, was present and displayed a drawing of the proposed display designed by H. J. Anderson. He explained bids for a display were invited and Mr. Anderson was the only decorator who responded. The cost of the display is $3,500 and if the Chamber of Commerce wished, they could use the same display over a period of three years, at $3,500 per year, and at the end of the period own the display outright in addition to which Mr. Anderson would add to the display each year for the three year period. The Committee does not feel they can commit themselves for that period of time and decided on a one year agreement. The display con- sists of Santa's Workshop, track and trains and will be set up in front of Central School. Councilman Morgan suggested the possible use of the area near the library. Rev. Harrison Thompson, First Methodist Church, was present and stated the churches have been requested to have their choirs sing Christmas hymns and carols at the display during the even- ing hours; speaking for St. Mary's Church, the First Baptist Church, the Highland Avenue Baptist Church, St. Matthew's Episcopal Church and the First Methodist Church, he asked if the churches should sanction a completely secular theme by having their choirs participate. It is the feeling of the Churches something sacred should be included in the dis- play. If all arrangements are completed for this year, they will have the choirs present; however, future displays should include Christian themes. Councilman Colburn stated the Denver, Colorado, display con- tains both secular and sacred themes. Mayor Gautereaux stated high winds destroyed the display several years ago and he would question the value of a three year contract even though there would be additions to the display, and thanked Mr. Steel and his committee for the work the committee has done. ED CHENEWETH, 2228 E. 6th Street, was present and stated he has received a letter from the Planning Commission advising him to cease operation of his food salvage business in an improper zone by October 17, and asked the Council if it would be possible for them to make some kind of ruling to enable him to continue in business. He explained the business of buying foods whose packaging was damaged in rail shipment and re- packaging it and selling it was an outgrowth of the method of purchasing food for the family -owned sanitarium. Originally such food was pur- chased for use at the sanitarium only; but they now sell what they can- not use. He stated it is the only business of this type in the county and meets all county health requirements. Councilman Hart stated the 10/15/63 121 only way they could legally remain in business in the present location would be to obtain a zone variance. Moved by Morgan, seconded by Hart, the matter be laid over and he be authorized to continue in business until action can be taken. City Attorney Carstens asked if Mr. Cheneweth had been advised he could apply for a zoning variance. Director of Planning Stockman stated if in the opinion of the Council, a retail grocery business is being operated, then he is in the proper C-2 Zone; if he is operating a wholesale salvage business, he is in violation of zoning. Councilman Colburn asked what his business license states. Director of Planning Stockman stated the license application stated the business was "consumer wholesale salvage". Mr. Cheneweth stated they use the term "wholesale" to indicate a lower price; an individual can purchase; however, anyone wishing to purchase in large quantities would be given a lower ?rice per item. It was established Mr. Cheneweth charges sales tax on all taxable items and in that sense is operating a retail business. City Attorney Carstens stated the Planning Commis- sion has determined the business is in violation; it may be a question- able interpretation. Once a determination is made as to whether the business is retail or wholesale a zone variance may be obtained. Mayor Gautereaux stated the letter from the Planning Commission states he is in violation of ordinance and orders him to cease and desist and the Council does not have the right to give him permission to violate the law. Councilman Hart withdrew his second. Mayor Gautereaux stated as Mr. Cheneweth has outlined his business operations it would appear to be a retail business, the Planning Commission has determined it is a wholesale business; it is a matter for the court to adjudicate, then properly it may come before the Council, Moved by Allen, seconded by Morgan, the Director of Planning study Ordinance No. 962, particularly the salvaging operation as there appear to be two different types of salvage operations and see if all types of salvage should be confined to an M-2 Zone. Mayor Gautereaux asked what the Planning Commission is being asked to define. Vice Mayor Allen stated the term salvage in the ordinance comes between junk yards and something else and is the sal- vaging of food stuffs comparable to salvage of this type. Motion car- ried by unanimous vote. Councilman Colburn requested the Director of Planning to state the date of the letter to Mr. Cheneweth. Director of Planning Stockman said it was September 16th. VICE MAYOR ALLEN stated he attended the Eagles Sixteenth Anniversary Dinner on behalf of the Mayor and although he enjoyed it, found he was the featured speaker and had nothing prepared. He stated the Eagles were not happy with the use of volunteers for citizens committees and think committees should be made up of people more active in civic affairs. 10/15/63 122 BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 7,504.69 Traffic Safety 470.86 Park 734.44 Retirement 4,975.48 Special Street 17.24 Sewer Service 552.39 Total $ 14,255.30 Moved by Colburn, seconded by Allen, the bills be approved for payment and warrants ordered drawn for same. Carried, by the following Vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8486, "Resolution of Capital Outlay" (restaurant range for Casa de Salud, $244.61) was read. Moved by Allen, seconded by Colburn, the resolution be adopted. Carried by the following vote to - wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported the Traffic Safety Committee did not meet last week and there is no report in regard to a traffic light at the corner of Fourth and Palm. He recommended it be laid over until he receives a report. Moved by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported in regard to the "Granger Avenue Annexation" a petition signed by four property owners, representing 57% of property owners in the area, was received. there are eight regis- tered voters within the annexation; the San Diego County Boundary Com- mission approved the boundaries on September 18th. Written protests from the Trustees of Faith Free Will Baptist Mission and Mrs. Ellen G. Knauer were received. The Planning Commission recommended the annexa- tion be approved, deleting property owned by the Mission and Mrs. Knauer, and refer it back to the Boundary Commission. Moved by Morgan, seconded by Colburn, the Planning Commission's recommendation be approved. Vice Mayor Alien stated when petitions for annexation are drawn, there are reasons for including all the property within the boundaries; it might be for proper sewer connections, or people adjoining the property want to come into the city, etc.; and once an annexation has been approved by the County Boundary Commission, there should be a public hearing before any changes are made or it is sent back to the Boundary Commis- sion. Councilman Colburn withdrew his second to the motion. Moved by Allen, seconded by Colburn, the annexation be accepted as approved by the County Boundary Commission on September 18th and referred to the City Attorney for continuation and a public hearing be set. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. DIRECTOR OF PLANNING STOCKMAN stated in regard to the "Slepko Annexation" a petition signed by seven property owners, representing 58.3% of the 10/15/63 123 property owners in the area was received; there are seven registered voters within the annexation; the San Diego County Boundary Commission approved the boundaries on September 16th. Written requests from Etta Sue Paine and J. Sieger for withdrawal of their lands from the annexa- tion were received. It is the recommendation of the Planning Commission the annexation be approved, deleting Mr. Sieger's land and referred back to the County Boundary Commission. Moved by Morgan, seconded by Hart, the Planning Commission's recommendation be approved. Motion failed by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded by Colburn, the Slepko Annexation be accepted as approved by the County Boundary Commission on September 16th and referred to the City Attorney for continuation and a public hearing be set. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY CLERK STRATTON reported the following bids were received for "Slurry Seal" Coat for "D" Avenue, Clairmont, Drexel, Belmont and Kenton Avenues, at her office on October 14th: Sim J. Harris Co., $22.90 per ton, $8,747.80 total; V. R. Dennis Construction Co., $19.95 per ton, $7,620.90 total. City Manager Hess recommended accepting the low bid of the V.R. Dennis Construction Co. Moved by Colburn, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8487, "RESOLUTION OF AWARD OF CONTRACT" (The application of "Slurry Seal" on "D", Clairmont, Drexel, Belmont and Kenton Avenues;; was read. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. MINUTES of the Library Board of Trustees meeting of October 2nd were presented and ordered filed by unanimous vote. An original application for Off -Sale Beer and Wine License for Florence R. and Vincenzo Ruggiero, dba Dolly's American Italian Delicatessen, 1539 E. 8th Street, was presented. 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. CITY MANAGER HESS reported an offer to purchase land at 22nd Street and Wilson Avenue has been received and requested a meeting of the Real Estate Committee be called for 10:00 a.m. Friday, October 18th. Coun- cilman Morgan, Chairman of the Real Estate Committee, stated a meeting would be called at that time. CITY MANAGER HESS reported the Rev. Fay Brice requested on October loth permission to hold a rummage sale on October llth and 12th on a no -fee 10/15/63 124 basis; there was no time to consult with the Council and approval was granted. City Manager Hess requested the Council to ratify his action. Moved by Morgan, seconded by Alien, the City Manager's request be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None, CITY MANAGER HESS reported the Altrusa Club requested the use of '150 chairs for their concert, to be picked up from El Toyon Community Build- ing by Altrusa Club and returned. There was no time to consult with the Council and permission to use the chairs for a fee of $1.00 was given, City Manager Hess requested the Council to- ratify his action. Moved by Colburn, seconded by Morgan, the City Manager's request be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of the minutes of the regular meet- ing of the San Diego County Water Authority of September 12th, and recommended they be filed with the City Clerk. Ordered filed by unani- mous vote. CITY MANAGER HESS stated there was discussion relative to California Western Policy No. 640330 (employees group insurance) and in reviewing the recording of the meeting, itwas not clear whether or not the Coun- cil approved the suggestion from his office the City participate in the amount of 340 per month per employee and the balance be borne by the employees.. Moved by Morgan,. seconded by Colburn, participation in th:' amount of 340 per employee per month be approved. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux,: Nays: None... CITY MANAGER HESS stated several weeks ago the Council requested we obtain data relating to Street Deficiencies throughout the State of California, particularly relating to cities of commensurate size. Suc_i a report is on file in the City Engineer's office. CITY MANAGER HESS stated King Brothers Circus approached the Police Officers Association to sponsor a circus to be held November 5th in National City for a one day stand, as sponsors the Police Officers Association would have a guarantee of $300 for the association and would berequired to handle advance ticket sales.. If the Council desires to have the circus in town, there would be one suitable loca- tion on City property in the vicinity of 30th and National Avenue-, which is properly zoned'for such enterprises. If the Council permits the circus, the City Manager recommends the City. Attorney and the City Manager be allowed to work with the National City Police Officers Assn. as well as the Chief of Police to work out the details in order to safeguard the interests of the .City and cooperate with the Circus people. 10/15/63 125 Moved by Allen, seconded by Hart, the City Manager and the City Attorney and the Chief of Police work with the Police Officers Association in regard to having a circus on city owned property at 30th and National, November 5th. City Manager Hess stated he and the City Attorney feel there should be some modification in the proposed agreement and he would like the Council's permission to drop the entire matter if nego- tiations with these people cannot be worked out to the satisfaction of our staff. Motion carried by unanimous vote. CITY MANAGER HESS reported a communication was received from the Cali- fornia Missionary Army, dated October loth, stating the organization is non-profit, non-sectarian, Christian, requesting permission to start their campaign on October 21st. A check was made with the San Diego Police, the Better Business Bureau and the San Diego Social Service and it was determined two of the solicitors refused to be fingerprinted on the advice of their attorney. The Los Angeles Police Department stated this Mission was formed about 18 months ago and the breakdown of their operations is as follows: 6C% for the solicitor, 10% for the crew manager, 25% for overhead, and 5% for bibles. In view of the foregoing, it is the City Manager's recommendation their application be denied. Moved by Allen, seconded by Hart, the City Manager's recommendation be approved. Carried by unanimous vote, CITY CLERK STRATTON reported receipt of a communication from Rudolph Benitez, Boundary Commission Engineer, to the County Boundary Commiseiort, recommending approval of the "Proctor Annexation" subject to correcti:n of the boundary description as indicated. Moved by Allen, seconded by Colburn, the communication be referred to the Director of Planning. Carried by unanimous vote. CITY'CLERK STRATTON reported a communication from the County Boundary Commission to Mrs. Dorothy L. Pommier (Mrs. A. J. Pommier) approving the boundary description of the proposed "Pommier Annexation", was received. Moved by Allen, seconded by Morgan, it be referred to the Planning Commission. Director of Planning Stockman requested permissions to present the petition of property owners in this particular annexa- tion. Vice Mayor Allen, with consent of his second Morgan, included it in his motion that the petition for annexation be accepted. Carried by unanimous vote. CITY CJ-PRK STRATTON reported a copy of "1963 Legislation Affecting Cities" was received and would be on file in her office. DIRECTOR OF PLANNING STOCKMAN stated she has received a request from property owners for the closing of Taft Avenue from llth Street and 13th Street and 12th Street to 115 feet west of Taft Avenue to 70 feet east of Taft Avenue. The Planning Commission recommended Taft be closed 1.O/15 /63 126 from the south line of llth Street to the north line of 12th Street and the south line of 12th Street to the north line of 13th Street and the 70 feet of 12th Street east of Taft Avenue, subject to the following stipulations: easement to the City for drainage purposes, easement to the City for the 12" sewer line, easements to the utility companies for facilities within the closed areas, and that portion of 12th Street west of the easterly line of Taft Avenue remain open for ingress and egress. Moved by Hart, seconded by Colburn, the Planning Commission's recommen- dation be approved. Carried, by the:following vote to -wit: Ayes: Allen, Colburn, Hart, Nays: Morgan, Gautereaux. Director of Planning Stockman recommended it be referred to the City Attorney for a resolu- tion and hearing. Moved by Hart, seconded by Colburn, the recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart. Nays: Morgan, Gautereaux. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission's recom- mendation to grant the request for Zone Change No. C-18 relative to the property between 30th Street and 32nd Street, between 'Oft Avenue and the southerly extension of "E" Avenue, from R-4 to C-2 Limited Commer- cial Zone. The Director of Planning recommended the recommendation be received and filed until the public hearing on November 5th. Moved by Hart, seconded by Morgan, the recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission recom- mends adoption of the program for the development of a Comprehensive General Plan for the City under the 701 program as prepared by the staff and consulting firm, Simpson, Stratta and Associates and the City Council proceed with the necessary filing of the application. Moved by Colburn, seconded by Allen, the recommendation be approved. Councilman Morgan stated this is an unreasonable way to spend the taxpayer's mcn , City Clerk Stratton read a letter of protest from Florence M. and Edwa,T J. Uzumecki. Mayor Gautereaux stated the figure of $62,000 has been used in connection with the development of the Comprehensive General Plan; our own staff will share off -setting the expense to the City by participating and it is estimated will account for one-fourth of the total cost and our capital outlay to the project will be $8,000. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. The report of the City Treasurer for the period ending September 30th was presented and ordered filed by unanimous vote. RESOLUTION NO. 8488, "AUTHORIZING FILING OF APPLICATION WITH THE STATE DEPARTMENT OF FINANCE FOR PLANNING ASSISTANCE WITH FINANCIAL ASSISTANCE FROM THE URBAN RENEWAL ADMINISTRATION AS AUTHORIZED BY SECTION 701 OF 10/15/63 127 THE HOUSING ACT OF 1954, AS AMENDED", was read. Moved by Allen, sec- onded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY CLERK STRATTON stated last weeks minutes stated the fourth meet- ing would be postponed from October 22nd to October 29th and asked if this would be an evening meeting. City Attorney Carstens stated under existing ordinance whenever there is a special municipal occasion which would prevent the holding of a regular meeting, it shall be continued the following Tuesday. The meeting on the 29th of October will be the fourth meeting of the month and it is not necessary to adjourn this meeting until the 29th of October. The next meeting will be at 7:30 p.m. on October 29th. Moved by Morgan, seconded by Colburn, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:30 p.m. ATTEST: CITY CLERK 10/15/63 e 33-7 NOTICE OF NRYT REGULAR COUNCIL MEETING As per Ordinance No. 716i, the next regular meeting of the City Council will be held October 29, 1963, at 7:30 P. M. olclock. CLERK CITY OF NATIONAL CITY CALIFORNIA DATED: October 22,. 1963