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HomeMy WebLinkAbout1970 10-20 CC MIN189 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL NCIL OF min CITY OF NATIONAL CITY, CALIFORNIA October 20, 1970 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Hogue, Waters, Morgan. Absent: Reid. Administrative officials present: Bourcier, Poster, McLean, Minogue, Civil Engineer Associate Onley, Stockman. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by Assistant City Manager Bourcier Followed with invocation by the Rev. Larson, Faith Community Church., APPROVAL OF MINUTES Moved by Camacho, seconded by waters, the minutes of the regular meeting of October 13, 1970 be ap roved. Carried by unanimous vote. Absent: Reid. COUNCIL COMMUNICATIONS COUNCILMAN WATERS expressed his appreciation to Director of Planning Stock- man and City Attorney McLean for their efforts in regard to Weber's Bakery on Plaza Boulevard; the bakery moved out last week. MAYOR MORGAN reported receipt of a telephone call from the Navy; the smoke abatement project for the fire school goes to bid in November and the con- struction should be completed in October 1971. The Mayor's PROCLAMATION OF TOASTMISTRESS CLUB WEEK, October 25-31, 1970 was read. Moved by Camacho, seconded by Hogue, the proclamation of Toast- mistress Club Week be approved. Carried by unanimous vote. Absent: Reid. ORAL COMMUNICATIONS ►DICKEY PHILL.IPS, (5796 Roanoke St., San Diego) Commander, VFW Post No. 4630, National City was present and invited the Council to attend ceremonies and dinner at the Japanese -American VFW Hall on Sunday at 2:30 p.m. when both VFW Posts will be given their charters; Post No. 4630 will also be cele- brating their 25th Anniversary. ADOPTION OP RESOLUTIONS Moved by Camacho, seconded by Waters, the Resolutions be resent ed b title 221. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,192, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (Beautification of El Toyon Park)." Moved by Hogue, seconded by Camacho, Resolution No. 10 192 be ado ted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,193, "RESOLUTION ACCEPTING CONVEYANCE Off` REAL PROPERTY (Beatrice Yahnke) . " Moved by Camacho, seconded by Waters, Resolution No. 10,193 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,194, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (16th Street)." Moved by Waters, seconded by Camacho, Resolution No. 10,194 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,195, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOP- MENT PERMIT PURSUANT TO ORDINANCE 1077 (A.t t away) . " Moved by Vaters, second ed by Camacho, Resolution No. 101.195 be add. Carried by unanimous vote. Absent: Reid. 10/20/70 190 RESOLUTION NO. 10,196, "RESOLUTION REVOCING RESOLUTION NO. 8835 GRANTING ZONE VARIANCE FOR THE CONSTRICTION OF A MOt3ILE HOME PARK." Moved by Hogue, seconded by Waters, Resolution No. 10,196 be adopted. A communication from City Pttorney McLean, dated October 20, recommending the Council revoke Resolution No. 8835 was presented. Motion carried by unanimous vote. Absent: Reid. INTRODUCTION OF ORDINANCES Moved by Hogue, seconded by Waters, the ordinance be presented for first reading by title only. Carried by unanimous vote. : Reid. Y+wrAA 1r.i�+wr ORDINANCE NO. _ "An ordinance providing for the installation of curbs, gutters, and permanent paving and establishing the procedure for exemption from or deferral of said improvement requirements." ADOPTION OF ORDINANCES Moved by Hogue, seconded by Camacho, the ordinances be presented for second reading by title only. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1253, "AN ORDINANCE RELATING TO THE REGULATION OF STREETS AND PUBLIC PLACES." Moved by Hogue, seconded by Waters, Ordinance No. 1253 be adopted. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1254, "AN ORDINANCE AMENDING ORDINANCE NO, 1225 REGULATING DRIVERS OF FOR HIRE VEHICLES." Moved by Camacho, seconded by Waters, Ordinance No. 1254 be adopted. Carried by unanimous vote. Absent: Reid. ORDINANCE CE NO. 1255, "AN ORDINANCE AMENDING ORDINANCE NO. 1068 RELATING TO HOLIDAYS." Moved by Waters, seconded by Hogue, Ordinance No. 1255 be a„�daaktili. Carried by unanimous vote. Absent: Reid. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN presented his report dated October 20 relating to the Traffic Safety Committee. The City Attorney said if the Council is in agreement with the report, they should direct him to prepare a resolution that will carry out his recommendations. Moved by Hogue, the City Attorney's recommendations be a roved and he be write a resolution carr in out the recanmendations. Car vote. Absent: Reid. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Capital Outlay Park Retirement Gas Tax (2106) Trust & Agency Sewer $ 9,71670 2,176.99 351.40 694.17 22,a42.65 3,502.87 25.00 1,, 612. 7 5 Total seconded by Waters,, authorized to led by unanimous Moved by Camacho, seconded by Hogue, the bills be a roved and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters Morgan. Nays: None. Absent: Reid. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $108 , 462.40 was presented. Moved by Hogue, seconded by Camacho, the paxroll be approved and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: None. Absent: Reid. REFERRALS The DIRECTOR OF FLANKING' S REPORT on the proposed remodeling of and en- croachment within public right -of -Tway, CAFE LA MAZE, 1441 Highland Avenue, and the recommendation the encroachment be approved subject to the execution 10/20/70 191 of an agreement containing eight covenants running with the land was pre- sented. The Directof of Planning displayed an artists rendering of the proposed improvement and said the entire area on 15th Street between the planter boxes and the curb would be concreted. Steve Evarkiou, owner of the property, was present and said he agreed to the recommendations. Moved by Camacho, seconded by Waters, the recommendations of the Director of Planning in regard to the plans for remodel inq and encroachment for Cafe La Maze at •� rr ■ riw rr 1441 Highland Avenue be approved. Carried by unanimous vote. Absent: Reid. UNFINISHED BUS I NES S The DIRECTOR OF PLANNING'S REPORT on the SQUARE FOOTAGE OF RESIDENTIAL STRUCTURES was presented. Moved by Hogue, seconded by Waters, the recommen- dation of the Director of Planning and the Plannin Commission ertainin Ito the square footage of residential structures be approved. After dis- cussion, moved by Morgan, seconded by Camacho, the motion be tabled. Motion to table failed by the following vote, to -wit: Ayes: Camacho, Morgan. Nays: Hogue, Waters. Absent: Reid. Motion to approve recommendation carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays; Morgan. Absent: Reid. HEARINGS THE USE DISTRICT HEARING on the proposed ordinance regulating the keeping of birds and animals and repealing Ordinance No. 891 was held at this time. The City Clerk reported the Certificate of Publication was on file and the Planning Commission recommendation was attached to the agenda. Director of Planning Stockman outlined the proposed ordinance. Director of Planning Stockman reported receipt of a petition (asking that horses, ponies and other large hoofed animals be allowed to be brought into and maintained in the boundaries of National City subject to the conditions of the existing City Ordinance No. 891) signed by 303 persons, of whorl 292 or 96.7% were National City residents and letters from Mr. & Mrs. L. L. Law, 3035 Plaza Blvd., requesting that horses be permitted to remain; Mr. & Mrs. L. R. 3roaddus, 1520 Harbison Ave., requesting that horses be permitted to remain; Elaine Crawford, Los Angeles, requesting that monkeys be permitted; Ethel M. Danz, no address, requesting that monkeys be permitted; Ctrs. Roland F. de Fere, Bonita, asking that monkeys be permitted to remain; H. L. Chrissos, North Hollywood, asking that monkeys be permitted to remain; Mrs. Dorothy Rairdon, Secretary, Chapter 19, Simian Society of America, Inc. of National City asking that monkeys be permitted; and Marie E. Colaneri, North Holly- wood, asking that monkeys be permitted; Miss Constance Morton, National City, asking deletion of the section regarding the feeding of stray animals. Margaret Bond, 1237 Manchester St. was present and protested the provisions of the proposed ordinance regarding monkeys. Dorothy Rairdon, 2322 Ridge -- way Dr. and Secretary of the Simian Society, Chapter 19 was present and pro- tested the Animal Regulation Officer inspecting the monkeys when he has in- formed them how much he hates monkeys; they don't feel he should have the say so; they would be willing to purchase a license for monkeys over five pounds similar to a dog license. Theresa Law, 3035 Plaza Blvd. was present and protested the proposed ordinance prohibiting horses in National City. Mrs. Robert Branlet t , 102 N. no, Ave. was present and protested the pro- posed ordinance regarding monkeys. Violet Stetson, 2356 Ridgeway was pres- ent and protested the proposed ordinance regarding monkeys, and reported on the manner of capture and importation of monkeys. Joe Stetson, 2356 Ridgeway Dr. was present and protested the proposed ordinance regarding monkeys. Bonnie Cherpak, 961 Barrett Ave., Chula Vista and Vice President of the Simian Society, Chapter 19 was present and protested the proposed ordinance regarding monkeys. No one else was present in this regard. Moved by Hogue the hearing be closed and the animal ordinance pertaining to the control of animals in the City of National City be presented to the Council for adoption by title only. Motion died for lack of second. Moved by Morgan, seconded by Waters, the hearin be closed and the ro osed ordi- nance regulating the kee in of birds and aminals and re sling Card. 891 be drqpped at this time. Motion carried by the following vote, to -wit: Ayes: Camacho, t ers , Morgan. Nays: Hogue. Absent: Reid. 10/20/70 192 THE HEARING ON THE RESOLUTION Off' INTENTION, 1911 ACT IMPROVEMENT OP "F" ATENLE, 26th STREET, 29th STREET, ASSESSMENT DISTRICT NO. 166 was held at this time. City Clerk Minogue reported the Certificate of Publication and Affidavits of Posting and Mailing were on file and protests have been re- ceived. Civil Engineer Associate Onley stated he was Assessment Engineer for Assessment District No. 166; the map on the board is a map of the dis- trict and will be called Map No. 166; the exterior boundaries of the dis- trict to be benefitted by these improvements are shown by the solid dark line shown on the map; the improvements on the district are shown in various shadings and dotted areas on the map, which include paving and concrete work. Mr. Onley described the improvements: on F Ave. paving, AC crusher run base, concrete sidewalks, driveways and curbs; on 26th St. AC paving, grading, concrete driveways, sidewalks and curbs; on 29th St. concrete side- walks, curbs, driveways, AC paving, crusher run base and grading. Mr. Onley stated he had been over the district and looked at every parcel previous to ascertaining the boundaries of the district; these improvements as shown on the map, shaded on 26th St., F Ave. and 29th St. came to a total of $40,841.78, with an incidental expense of $7,628.00 which made a total of $48,469.78; the cost of improving the district of which the City contributes an estimated $8,185.99, leaving a total of $40,283.79 to spread to the benefit of the properties within the district. Mr. Onley continued all frontage properties were directly assessed for the concrete work that was adjacent to their property, the dotted area on the map; all of the shaded areas on all the streets within the district were assessed benefit -wise by square foot to all the properties within the district; he has looked at all these lots and has ascertained that every parcel within the district has benefitted according to the amounts we have assessed to it. Mr. Onley des- cribed how he assessed the cost of the paving work. City Clerk Minogue read the protest of Uanda and Melvin Sem, 2705 1` Ave,, relating to the installa- tion of a sidewalk in front of their property Assessment No. 28. Mr. Onley pointed out Assessment 28 on the map and said the sidewalk they referred to is on the easterly side of the street from an already existing sidewalk to the end of the proposed improvement. Mr. Onley said he understood that Mr. $� Mrs. Bem's objection was that they won't use the sidewalk but the side- walk is in the improvement because when the Council instigated this project they included the sidewalk. City Clerk Minogue read the protest of Robert C. and Mary A. Strick, 2530 F Ave., Parcel No. 12 stating they do not feel this assessment will proportionately add to the resale value of their pro- perty. Mr. Onley pointed to Parcel 12 on the map and stated the proposed assessment was $826.05; he had visited this parcel and in his opinion the improvement will benefit the parcel in an .amount at least equal to $826.05. City Clerk Minogue read the protest of Mrs. August E. Lewis, 2518 F Ave. relating to earthwork, curb, paving, etc., Parcel 13. Mr. Onley pointed to Parcel 13 on the map and stated the estimated assessment on this parcel is $907.35; in his opinion the value of the property would be enhanced by an amount at least equal to $907,35 by the improvement. City Clerk Minogue read the protest of Mrs. Chanita Little, Parcel No. 10. Mr. Onley pointed to Parcel No. 10 on the map and stated this parcel has existing sidewalk and curbs, therefore the frontage of the parcel will be paying for grading, paving and crusher run base on P Ave.; on 26th St. she will be paying for the improving of the street plus a driveway and a portion of sidewalk re- turn; the assessment on this parcel is estimated at $1,067.18; no assess- ment is being made for the existing sidewalk around the parcel; in his opinion the value of that parcel will be enhanced by an amount equal to the assessment. City Clerk Minogue read the protest of William W. and Diary Crossman, 503 E. 26th St., Parcel No. 6, relating to widening the street and the fact that high school students will use the road as a raceway. Mr. Onley pointed to Parcel 6 and said the street is now 32 feet wide; the pro- posed improvement will make the street 40 feet between the curbs, the mini- mum for a residential street according to good engineering practices. City Clerk Minogue read the protest of George R. Lund and Millie D. Lund, 515 E. 26th St., Parcel No. 7, regarding the widening of the street, the loss of a mature tree and the proposed parking lot at the high school. Mr. Onley pointed to the parcel on the map and stated they would pave a 401 street in front of the property; there are five growing trees on that side of the 10/20/70 193 street that will be removed because they are next to the curb; the school referred to in the letter is on this parcel here (pointing to the map); the parking lot referred to here, of which he had no knowledge (and in assessing work you assess a parcel of land not its use) so we don't take into consideration anything like that. Mr. Onley said the school district is being assessed for this improvement at the saute rate as other parcels in the district; they are assessed for their own concrete work, plus their benefit share of the paving of the street. Mr. Onley stated the protests colored on the map and read by the City Clerk represent 10.26o of the total of the district. Clifford Schooff, 514 Rose Dr., Parcel 16, was present and protested saying he could not see why he should be assessed for F Ave. improvement when he does not have access to it. Mr. Onley stated Mr. Schooff's estimated assessment is $124.93; he was included within the dis- trict because the policy originally set by the Council is that we go back half way to the next street; this line (pointing to the map) because these parcels have access to Rose Dr. by easement and this parcel here (pointing to the map) he does not know where his access is except an unwritten law in the State of California that if you sell somebody a parcel of land you automatically give him an implied easement to get to the parcel. City Attorney IvicLean asked Mr. Schooff where his access is. Mr. Schooff replied it is at the end of Rose Dr . , it is a dead end. City Attorney McLean asked Mr. Schooff to point on the map where his access is. Mr. Schooff stated his parcel is 140' x 80'; he is right on the dead end; he doesn't see where he would benefit by the improvement. City Attorney McLean asked Mr. Schooff if he had no way to get out onto the improved street. Mr. Schooff replied no. Mrs. Billings, 535 E. 26th St., Parcel No. 9 was present and protested the widening of the street; there are many small children who come to the elementary school; cars come around the corner practically on two wheels coming down 28th St. and 26th St. Violet Buby, 605 B. 28th St., Parcel No. 29 was present and protested, saying F Ave. from 28th St. to 26th St. is school property except for maybe 200 feet maximum; the side of her lot is 108 feet and this is what she is being assessed over $1,000 for; she is an Social Security and gets $139.00 a month and this assessment is going to hurt her; we don't want to increase this traffic through here, why put side- walks and curbs in this little bit of an area; we pay school taxes, let the school pay for it; we'll pay fox it anyway but we will pay for it slower, we won't pay it so it hurts us nearly as bad as it does this way where we are assessed over $1,000.00. Mrs. Ruby said when they did the fronton 28th St. we were delighted because that was the front of their property; that was for $800.00 but she can't see why, on the side of the street it should be over $1,000.00. Mr. Onley pointed to Mrs. Buby's parcel on the map. Mr. Onley said the front of the lot was 61 feet and depth of 108 feet on F Ave.; her assessment was for sidewalks, curbs and paving and grading of street, $1,032.69 estimated. Mrs. Buby stated she wrote a letter of protest sent in in August for the September meeting and it didn't occur to her that she should write another one. William Barton, 2917 N Ave., Parcel 22 was present and asked if 24th St. was being assessed upon the district. Mr. Onley said yes, part of it. Mr. Barton stated he had a letter of protest in; he would like to know how the Council arrives at what is going to be a district, if it is going to be spread over National City, let it be spread all over National City; he has lived in National. City for 19 years and the only time he has been on 29th St. was when he carried mail; he has never driven on it; his house is the first one around the corner from F Ave. on 24th St. Mr. Barton inquired why his letter wasn't read. City Clerk Minogue said a letter was received from him for the previous hearing; these are two separate things; that was the hearing before the City Manager and City Engineer; this is yet another hearing before the City Council. Moved by Hogue, seconded by Camacho, the hearing be closed, the matter of the assess- ment on parcel to be referred to staff and we have a staff report from the school district of their future plans up to 24th St . (amended motion) Carried by unanimous vote. Absent: Reid. 10/20/70 194 UNFINISHED BUSINESS (Cont' d ) The Director of Parks and Recreation's REPORT OH STREET TREES, NORTH SECTION OF THE CITY, was presented. Moved by Hogue, seconded by Camacho, Mr. Maley's report and recommendation on street trees be approved and Mr. Maley be authorized to accomplish his recommendations with the cooperation of the citizens. Mrs. Robert Carlson, 44 North Drexel, was present and said she planted trees about ten years ago, on the advice of Mr. Boulette; now the trees have broken the sidewalk; she inquired who was responsible if someone was injured because of the broken pavement. The City Attorney said it was the joint responsibility of the City and the property owner. Motion failed by the following vote, to -wit: Ayes: Camacho, Hogue. Nays: Waters, Morgan. Absent: Reid. NEW BUSINESS A communication from MISSION CABLE TV, INC. outlining the status of cable TV and offering to have their Vice President Goldstein appear at a City Council meeting to give more specific information and to answer questions was presented. Henry R. Goldstein, Vice President, Mission Cable TV, was present and read an article in regard to FCC rulings from a trade magazine and offered to answer any questions Council might have. Mr. Goldstein said, in answer to a question, that he did not want petitions for Cable TV at this time; petitions had been filed with the Court some time ago; petitions at this time would burden our legislators. Communication ordered filed by unanimous vote. A communication from R. EUGENE HUPPMAN, L. BRUCE STALLARD CO., INC. appeal- ing the Planning Commission's action of October 5 in regard to IMPERIAL RUG MILLS property at 225 West 30th Street was presented. Moved by Camacho, seconded by Waters, the communication from Mr. Huffman be filed. R. Eugene Huffman of L. Bruce Stallard Co. was present and outlined his efforts to sell the property; he said the County was prepared to sign a seven year lease and would use the property for administrative and clerical offices, that it would be an asset to the community. Hobert J. i'lemlin, Director of Real Property for the County of San Diego, was present and stated the County was interested in the property, it would be a purely administrative office, the clientele would not visit the premises and asked the Council to consider their leasing the property. Mayor Morgan advised Mr. Flemlin to go before the Planning Commission. Motion carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Hogue. Absent: Reid. A communication from the Park Supervisor in regard to night lighting at Granger Jr. High School (estimated cost $6500. plus labor for installation; use cost about $1.75 per night) was presented. Assistant City Manager Bourcier requested the item be referred back to staff for study. Moved by Camacho, seconded by Hogue, the matter of night li htin at Gran er Jr. High School be referred back to staff fir study..., Carried by unanimous vote. Absent: Reid. The REPORT ow THE FIRE CHIEF for the month of September 1970 was presented. Ordered filed by unanimous vote. Absent: Reid. A communication from SENIOR CLASS PRESIDENT, SWEETWATER HIGH SCHOOL, re- questing permission to hold a cavalcade in the City on Friday, October 23 for the Annual Homecoming Game (route from 28th St. and F Ave., north to 24th St . , west to National Ave., north to 3th St., east to Highland, and south to Sweetwater High School) was presented. Moved by Waters, seconded by Camacho, permission for the cavalcade on, October 23 for the Sweetwater Annual Homecoming Game be granted. Carried by unanimous vote. Absent: Reid. The request of NAVY WI YES CLUBS OP AMERICA, Young Matrons #3 and Ladies Auxiliary (LARCS) to hold a rummage sale October 26.27 at the VFW Hall, pith Street, the report of the Business License Clerk and the City License Collector's recommendation of approval were presented. Moved by Waters, seconded by Camacho, the rec uest of the Navy Wives to hold a rummage sale, October 26-27 at the VFW Hall be granted. Carried by unanimous vote. Absent: Reid. 10/20/70 195 The MINUTES OF THE TRAFFIC SAFETY COMMITTEE meeting of October 14 were pre- sented. Moved by Waters, seconded by Morgan, the Traffic Safety Committee minutes be filed. Councilman Hogue said the Committee recommended the Council adopt a Resolution urging all school districts in this area to in- sist that the pupils obey the traffic laws. Motion to file carried by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Hogue. Absent: Reid. (See New Business cont'd below.) REPORTS ASSISTANT CITY MANAGER BOURCIER reported in regard to the request made last week that a traffic signal be installed at the intersection of Sweetwater Road and South Bay Freeway, that the Council voted on May 19 not to install the light until the road improvements were completed. THE CITY CLERIC reported receipt of a communication from Assemblyman John Stull acknowledging National City's Resolution No. 10,172 and assuring Council he will assist in any way possible to see that Freeway 805 comes to a timely and orderly completion which is on file in her office. NEW BUSI IDS (Chart z d ) MAYOR MORGAN said in regard to the Traffic Safety Committee's recommenda- tion he could see nothing wrong with a Resolution. Moved by Camacho, seconded by Hogue, the Council ado t a Resolution askin the school child- ren to obe traffic laws which will be sent to the schools and read to the children. Carried by unanimous vote. Absent: Reid. ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:30 p.m.., Monda November Cit Council Chamoers. Carried by unanimous vote. Absent: Reid. The meeting adjourned at 9:49 p.m. City Clerk City oo National City, Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of November 2, 1970. No corrections Correction as noted below Mayor, Cry of National City, California 10/20/70