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HomeMy WebLinkAbout1963 01-15 CC MIN268 National City, California, January 15, 1963 Regular meeting of the City Council was called to order by Mayor Gautereaux at 1:30 p.m. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Carstens, Foster, Hess, Osburn, and Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by the Rev. Ted H.cks of the Calvary Baptist Church. Moved by Colburn, seconded by Hart, the minutes of the regular meeting of January 8, 1963 be approved. Carried by unanimous vote. RESOLUTION NO. 8281 "RESOLUTION DECLARING WITHDRAWAL OF CERTAIN PORTIONS OF LONER SWEETWATER LOCAL FIRE DISTRICT" was read. Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8282 "AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ARNULFO SEYDE" was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Nays: Morgan, Gautereaux. ORDINANCE NO. "AN ORDINANCE APPROVING ANNEXATION OF CERTAIN UNIN- HABITED TERRITORY DESIGNATED LINCOLN COURT ANNEXATION TO THE CITY OF NATIONAL CITY" was presented for the first reading and read in full. ORDINANCE NO. "AN ORDINANCE CONFIRMING THAT THE NATIONAL CITY PUBLIC LIBRARY IS OPERATED AND MAINTAINED UNDER AND PURSUANT TO CALIFORNIA STATUTE 1959" was presented for the second reading. Moved by Allen, seconded by Colburn, the Ordinance be adopted by reading of the title only. Rodney Smith, Chairman of the Library Board of Trustees, was (Corrected 1/29/63) 1/15/63 269 present and read a letter, addressed to the Mayor and the City Council, questioning the necessity of the ordinance. Mrs. Irene Phillips, 105 East 7 Street, was also present and stated that if such an ordinance is necessary, it should contain the historical dates of the founding of the library. CITY ATTORNEY CARSTENS stated the purpose of the Ordinance was to confirm the status of the library, the Ordinance refers back to previous legislation, and makes no changes. VICE MAYOR ALLEN withdrew his motion to adopt the Ordinance by the reading of the title; COUNCILMAN COLBURN withdrew his second. Roland Palmer, 2723 East 16 Street, was present and inquired if adoption of the Ordinance would open the door for future changes which might give the Council added control of the library. The discussion of the Ordinance relative to the library was deferred until after the scheduled hearings. HEARING ON GROVE STREET 1911 ACT IMPROVEMENT from Sixteenth to Eighteenth Street was held at this time. CITY CLERK ALSTON stated she had received two written protests on the Grove Street Assessment: one from Mrs. Blossom Robinson, 1620 Grove Street, who claimed financial difficulties; the second from Mrs. Irene Wilson, 1712 Grove Street, who claimed an over -charge had been made on her assessment. Kermit Wilson, also of 1712 Grove Street, was present and stated the over -charge resulted from an alleged lowering of his water meter by the contractor. CITY ENGINEER FOSTER said original plans called for lowering of the water meter. E. H. Schroeder, Kenneth H. Golden Co., Contractor for improvement of Grove Street, was present and said his company would make an adjustment in the charge to the Wilsons and requested City Engineer Foster and Kermit Wilson to meet with him to work out the details. Fred E. Bruner, 1609 Grove Street, was present and stated as a result of work done on Grove Street, he has a "duck pond' In his yard. Moved by Morgan, seconded by Colburn, the protests be over -ruled and the hearing be closed, and referred to the City Attorney for the preparation of a Resolution. Carried by unanimous vote. Moved by :Allen, seconded by Col- burn, the City Engineer check the possibility oi' drainage problems on Fred Bruner's property. Carried oy unanimous vote. 1/15/62 270 RESOLUTION NO. 8283 "CONFIRMING ASSESSMENT GROVE STREET FROM SIXTEENTH STREET TO EIGHTEENTH STREET" was read. Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. The HEARING ON ZONE CHANGE, Northwest corner Division and Euclid, from R-1 to C-2 was held at this time. DIRECTOR OF PLANNING STOCKMAN pre- sented the Planning Commission's recommendation of December 27, 1962, the zone change be denied. Don 0. Hardin, 2117 East Division Street, was present and protested the zone change as his property is adjacent to the site under consideration and would suffer from 'noise. Henry R. Klein, 2961 Laurel Street, San Diego 4, owner of the property, was present and protested the Planning Commission's denial of the change. Harrison Kincaid, 370 South Fairfax, Los Angeles, a developer of commercial property, was present and outlined plans for the building of a neighbor- hood shopping center on the Klein property. He stated the need for a shopping center in the area because of residential development of the past few years and future planned development and estimated the center would bring in $15,000 in sales tax to the City of National City. The center, including the parking lot, is to be attractively landscaped and would include a wall to protect Mr. Hardin's property. Construction would commence in about one year. DIRECTOR OF PLANNING STOCKMAN stated the Planning Commission's denial of the zone change was based in part on the considerable amount of idle commercial zoned land in the area. Mrs. Stockman further stated there was no guarantee the land would be devel- oped as outlined unless an interim ordinance were adopted to specify the precise set -backs, landscaping, walls, and location of area for parking. Moved by Hart, seconded by Colburn, the hearing be closed and the zone be changed from R-1 to C-2. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Allen, seconded by Colburn, the City Attorney and Director of Planning develop an interim ordinance specifying the landscaping and so forth. Carried by unanimous vote. The HEARING ON THE ZONE CHANGE from C-3B to R-4, Bucky Subdivision, 1/15/63 271 south of Delta and east of South 43 Street was held. CITY CLERK ALSTON reported the Planning Commission had approved the change and no written protests had been received. Moved by Morgan, seconded by Allen, the hearing be closed and the Planning Commission's recommendation be re- ferred to the City Attorney for the drafting of an Ordinance. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. "AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY" was read for the first time and read in full. The deferred discussion on the Library Ordinance was resumed at this time. Rodney Smith, Chairman of the Library Board, questioned the need for a new City Ordinance as the library operates well under the existing State Education Code. The City Attorney restated the ordinance was to codify existing legislation relative to the library. Thomas R. Leonard, 2740 Lincoln Court, was present and recalled the action of the State a few years ago, when an attempt was made to take over active control of the libraries. VICE MAYOR_ALLEN stated the Council would oppose any such future attempt as they did in the past. Moved by Morgan, seconded by Hart, the Ordinance not be adopted. Mrs. Jennie S. Turner, 2701 High- land Avenue, was present and said no request had been made for an ordin- ance and she was against regimentation; in the meantime there is no need for an ordinance. Motion was carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Allen, Gautereaux. Moved by Allen, seconded by Colburn, the Ordinance be redrawn by the City Attorney to include suggestions of Mrs. Phillips and Mr. Smith. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY ATTORNEY CARSTENS reported he had been in communication with the State Board of Equalization relative to the $10,000 in sales tax paid to National City which San Diego claimed was paid in error. An error has been made at the State level and the State recommends it be worked out between National City and San Diego. A resolution from each City 1/15/63 272 Council will be needed. Moved by Allen, seconded by Morgan, the City Attorney and the City Manager be given authority to handle the situation and make the necessary Resolution. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated he had studied the bond of the Fischer Auction Company required by Ordinance No. 811 and had found it in proper order and recommended it be filed after approval of City Treasur- er. Moved by Hart, seconded by Colburn, the recommendation of the City Attorney be adopted. Carried by unanimous vote. Ed Gabrielson, City Engineer, City of San Diego, was present and stated the contractor installing sewer in National City under the Metropolitan Sewage Agreement has fallen seriously behind schedule and to meet the June completion date will probably have to work around the clock. City Engineer Foster read a communication from the contractor, C K F M, requesting permission to accelerate work by going to a two or three shift operation. Mr. Gabrielson explained this would not necessitate closing any streets but would undoubtedly result in complaints from persons living adjacent to the area because of the noise of operation. Mayor Gautereaux stated he hoped the work would not have to be done after ten o'clock at night. Mr. Gabrielson replied that in all proba- bility the work would have to be accelerated to a twenty-four hour day to attempt to meet the established deadline. Mayor Gautereaux suggested the City Manager and the City Engineer meet with Mr. Gabrielson and report to the Council. John Boling, representing the Fraternal Order of Eagles, 21 West 12 Street, National City, was present and displayed a suggestion box, requesting the Council to grant permission to the Eagles to place the box in the vicinity of City Hall in line with their Better Citizens Suggestion Program. Moved by Allen, seconded by Morgan, to approve the request. Carried by unanimous vote. Moved by Allen, seconded by Colburn, the City Attorney research and report on whether or not a Sixth Class City can without reading an 1/15/63 273 ordinance in full pass on it. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. Councilman Hart left the Chambers. RESOLUTION NO. 8284 "COMMENDING AND CONGRATULATING THE MARCH OF DIMES OF THE NATIONAL FOUNDATION ON ITS TWENTY-FIFTH ANNIVERSARY" was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. MAYOR GAUTEREAUX read a PROCLAMATION setting aside the week of January 20-26, 1963, to observe the founding of the Junior Chamber of Commerce and urging all citizens of the community to give full consider- ation to the contributions of the group. Moved by Alien, seconded by Morgan, the Proclamation be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. CITY CLERK ALSTON presented the notice of the Public Utilities Commis- sion of a hearing regarding the Pacific Telephone and Telegraph Company to be held in San Francisco on January 23, 1963. Moved by Allen, seconded by Colburn, the City Attorney be authorized to appear on be- half of the City at the Hearing if it is considered to be in the interest of the City. Carried, by the following vote to -wit: Alien, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. Councilman Hart returned and Councilman Morgan left the Chambers. Application to the Alcoholic Beverage Control Department for a person to person transfer of On -Sale General License from Clyde D. and Robert Bonamo to Clyde D. and Robert Bonamo and Oscar Noliet, dba 21 Club, 2105 National Avenue, was presented by CITY CLERK ALSTON. Moved by Allen, seconded by Hart, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Absent: Morgan. 1/15/63 274 Application for Off -Sale Beer and Wine License in the name of Herbert F. and Malcolm F. Barrack, dba Barrack's Market, 2040 National Avenue, was presented by CITY CLERK ALSTON. Moved by Colburn, seconded by Alien, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Absent: Morgan. Application to the Alcoholic Beverage Control Department for person to person transfer of Off -Sale General License from Joann and Leonard Recabaren to Leslie M. and William E. Smith, Howard Bischoff and Isabella B. and Robert Pattison, dba Len's Liquor House, 740 National Avenue, was presented by City Clerk Alston. Moved by Colburn, seconded by Allen, the application be filed. Carried, by the following vote to wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Absent: Morgan. The minutes of the Library Board meeting of January 2, 1963, were pre- sented by the CITY CLERK. Moved by Allen, seconded by Hart, the minutes be accepted and filed. Carried, by the following vote to wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Absent: Morgan. The minutes of the Park and Recreation Advisory Board meeting of December 6, 1962, were presented by CITY CLERK ALSTON. Moved by Hart, seconded by Colburn, the minutes be accepted and filed. Carried by unanimous vote. CITY CLERK ALSTON read the announcement of the San Diego County League of California Cities meeting Friday, January 18, 1963, at the Stardust Hotel and took reservations for same. Councilman Morgan returned and Councilman Allen left the Chambers. RESOLUTION NO. 8285 "AUTHORIZING TRANSFER OF FUNDS" was read by City Manager Hess. Moved by Colburn, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: None. Absent: Allen. Councilman Allen returned. 1/15/63 275 CITY MANAGER HESS presented the City of Chula Vistafs Resolution No. 2993 which authorized Chief Administrative Officer to negotiate con- veyance of all right, title and interest in the lands, property, facil- ities, documents, funds and all other assets to the San Diego Unified Port District, with the suggestion it be filed. Moved by Colburn, seconded by Morgan, the Resolution be filed. Carried by unanimous vote. CITY MANAGER HESS reported that based on previous policy it had been necessary to make an advance of $100.00 as requested in a letter from J. E. Owen, Acting Chief of Police, in the matter of an extradition of a prisoner from El Paso, Texas. Moved by Allen, seconded by Morgan, the communication be filed. Carried by unanimous vote. CITY CLERK ALSTON reported receipt of "Annual Report of Financial Trans- actions Concerning Streets and Roads of Cities and Counties of Calif- ornia," prepared by Alan Cranston, State Controller, which will be on file in her office. Councilman Morgan inquired if Chula Vista plans to transfer their tide- lands and funds with stipulation that funds are to be spent in Chula Vista, can stipulation such as this be made. City Attorney Carstens stated that if Resolutions or Ordinances containing such stipulations are drawn up, should the Port Commissioners deem them to be out of order, their attorney will so notify them. Moved by Colburn, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting elcae at 4:02 p.m. ATTEST: CITY C TONAL OIT IFORNIA 1/15/63