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HomeMy WebLinkAbout1968 07-16 CC MIN76 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 16, 1968 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. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Foster, McLean, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Reverend R. D. Richardson, South Bay Bible Community Church. Moved by Reid, seconded by Hogue, the minutes of the regular meeting of July 9, 1968 be approved. Carried by unanimous vote. MAYOR MORGAN recommended the City Attorney be directed to write an ordinance (similar to the one recently adopted by San Diego) regarding peep shows to present to the Council. Moved by Colburn, seconded by Camacho, the Mayor's recommendation be approved. Carried by unanimous vote. COUNCILMAN REID stated Council approved blacktop for City streets and in looking over the City he could not see where much street work had been done by the City crew. Moved by Reid, seconded by Hogue, City Manager Osburn check the streets line them up in priority and go ahead with the work. Carried by unanimous vote. HENRY R. KLEIN, 2961 Laurel Street, was present and suggested items to be carried by hikers for use if they become lost: bugle, police whistle, or signal horn (all powered by air pressure from the mouth), small, light -weight pressure can with a control valve and horn on top (this type is known to be heard up to a distance of one mile and contains enough pressure for 300 blasts); if the lost person has an injury or is too weak to blow the other devices, the air pressure can would have a greater advantage since it could be operated by merely touching the valve with either hand; a sounding device can be used day or night and in most kinds of weather. Mr. Klein said hikers should be encouraged to carry some fool -proof type of sounding device and emergency equipment before entering desolate areas and mountainous terrain. Moved by Colburn, seconded by Reid, Mr. Klein's suggestion be referred to the City Manager for a report at the next regular meeting regarding what he has done or what the Council might do to initiate any action in the legislature if they felt it might be necessary. Councilman Reid requested the City Manager to check if there was any limit as to how many .hikers one counselor could have with him. Carried by unanimous vote. HENRY GOLDSTIEN, VICE PRESIDENT, MISSION CABLE TV, INC., was present and stated the FCC ruled against expansion of any cable TV system in the San Diego area and the conception of any new one; his company intends to take the FCC decision to court. Mr. Goldstien requested the Council direct the City Attorney to file a petition for reconsideration of the ruling on behalf of the City of National City and said Mission Cable TV+s Washington counsel would supply City Attorney McLean with whatever information he might need; the petition must be on file in the FCC office by July 29th. Moved by Colburn, seconded by Camacho, Agenda Item 3a (Recommendation the City Council pursue the possibility of getting cable TV into the City of National City) under Planning Commission reports be brought to the floor at this time. Carried by unanimous vote. In answer to Mayor Morgan's question, City Attor^. McLean said how much money and time the Council would want to spend obtainin:° cable TV would be a policy decision of the Council; the City has a right to appear in all of the proceedings, representing the citizens who are directly affected one way or another in the availability of cable TV. Mr. Goldstien 7/16/68 77 stated the hearing has been concluded and at this time it would just amount to a petition for reconsideration; there will be no further hearing unless they won the court case. Mayor Morgan inquired if it would be just as effective if they sent a letter or resolution. Mr. Goldstien said it would not. Councilman Colburn inquired what areas were not being serviced now. Mr. Goldstien replied imperial Beach, about 15% of Chula Vista, 60% of La Mesa, all of National City and 60% of the City of San Diego plus parts of county area. Mayor Morgan inquired if they could just take this one step with the City Attorney preparing the papers requested without his going to Washington. City Attorney McLean said he could. Councilman Colburn said at a later date if any hearings were held they would probably be held in our area. Moved by Colburn, seconded by Camacho, Mr. Goldstien's request be approved and the City Attorney be authorized to prepare the petition. Councilman Colburn inquired if it would be possible for not only a copy of this petition but a supporting resolution be sent to the legislators; their reason for desiring cable TV now was not only for the purpose of offering a freedom of choice to TV viewers but they also had to consider the under - grounding of the cable. Included in motion and second a resolution be sent to their representatives. Mayor Morgan inquired if the City Attorney would then be authorized to send it in. Councilman Colburn said he would be. Vice Mayor Hogue inquired what would be in the petition. City Attorney McLean said they would try to include any legally recognizable grounds that would persuade members of the FCC that there were things to be considered that hadn't been adequately evaluated in the first hearing; he had not evaluated what their position would be in detail but one possibility was that the City wants all of its utilities to go underground and it couldn't be done without converting to a cable system. Carried by unanimous vote. CHARLES CUTLER, 1006 Palm Avenue, Chairman of the Senior Citizens' Committee for Senior Citizens Day in the South Bay Plaza Mall, Saturday, July 20th from 11:00 a.m. to 5:00 p.m., was present and invited the Mayor, Council and all others to be present. The HEARING ON THE INTENTION TO VACATE AND an -SE A PORTION OF WILSON AVENUE BETWEEN 8TH AND 10TH STREETS AND 9TH AND 10TH STREETS WEST OF WILSON AVENUE was held at this time. City Clerk Minogue stated the Certificate of Publi- cation and the Affidavit of Posting were on file; although the Agenda states no written protests were received as of July 12, 1968, she understood there had been one but it was withdrawn. Director of Planning Stockman stated one protest was received from the San Diego Gas & Electric Company but this was taken care of by the granting of an easement; the Resolution of Intention reserved 50' within the area of Wilson Avenue for the Metropolitan sewer line and local lines but the City Engineer established it would be necessary to have 55', so the resolution closing the street will incorporate the easement reserved for the sewer lines will be 55'; the Planning Commission recommended the requested vacation be granted in conformance with Map No. SC-43 of the Planning Department, subject to four conditions. Mrs. Stockman stated she also had a communication on file from the California American Water Company advising they have no facilities in the subject area. Moved by Colburn, seconded by Reid, the hearing be closed the recommendation of the Planning Commission be approved, it be referred to the proper authorities for further processing and the resolution to be presented to the Council it the final closing of these streets be held until such time as the property owners present a use plan and at that time the resolution could be adopted. John Murray, 1441 L Street, asked to have that explained. Councilman Colburn stated he asked for the ptt resolution cet, written and held based on the fact ar the property would revert to the/pr per y owner; in closing the street they hoped it would be in conjunction with the property development; if the pro- perty was ever subdivided, the street could stay open or maybe there could be a use for it; it would prevent the City from being condemned for giving away property dedicated for street use without a plan for its use. Mr. Murray said the way it was now, they almost had to install a fence to keep the automobiles off of i.t; to get developers and loan agencies interested in the property, it would have to be cleaned up. Councilman Colburn said then 7/16/68 78 it was Mr. Murray's plan to rid the property of its parking lot ccndition and inquired if they planned to eliminate that completely and to level the area. Mr. Murray said they had asked to be part of a 1911 Act which would include sidewalks and curbs and the street to be improved in front of the property all the way down to the railroad or the end of their property; they have also stated as soon as the street was closed and the cars were off they proposed to hire a contractor lo level and do whatever it takes to clean it up. Councilman Colburn inquired if it would be possible (if the Council approves this action) during the time the resolution was being prepared for Mr. Murray to present a plan of his intentions. Mr. Murray said they didn't have any intentions. Mayor Morgan said they were speaking of the grading plans. Mr. Murray said he didn't know what plans they would use; they were going to grade it and clean it up. Councilman Colburn said he would assume a letter from Mr. Murray stating on such and such a date he had agreed with a certain contractor to come in after the cars had been removed to level, grade and clean it up and put up a fence to prevent cars encroaching and again creating a parking lot as it was now. Mr. Murray said he would be glad to give the letter; it was already on file that they were going to do that; if they wanted a date, he would say within 30 days after they could get the cars out, they could get someone in there to clean i.t up; they had a lot of money tied up in the property and were interested in getting someone to develop it; they hoped to develop it with a motel, restaurant and filling station. Mayor Morgan said they were closing the .hearing and a resolution would be prepared and inquired if between now and next week he could give them a letter stating what they intended to do with the property. Mr. Murray said he would. Director of Planning Stockman said the Planning Department has received a letter from Mr. Murray indicating exactly what he is saying, that he intends to keep the cars out and will have a contractor come in and clean up the property; he also said Carousel, Inc. would like to be included in a 1911 Act improving 8th Street. Mayor Morgan inquired if they could put in the resolution a 1911 Act would not be protested. City Attorney McLean said he could sign a petition waiving his rights to protest a 1911 Act. City Engineer Foster said they had a letter on file in his office from Mr. Murray asking he be included i.n a 1911 Act. Carried by unanimous vote. RESOLUTION NO. 9629, "RESOLUTION ADOPTING SALARY SCHEDULES FOR 1968-69," was presented. Moved by Hogue, seconded by Reid, it be read by title. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance of the City of National City, California, adopting the Uniform Building Code, Volume II Mechanical Code, 1967 Edition, providing penalties for the violation thereof, and repealing all other ordinances and parts of ordinances of said City in conflict therewith," was presented for the first reading. Moved by Colburn, seconded by Reid, the first reading of the ordinance be by title only. Carried by unanimous vote The title was read. ORDINANCE NO. . "An Ordinance amending Ordinance No. 962, Zoning Ordina^Q.; of the City of National City, California (Zone change from R-1, Single Residence Zone, to R-4,P-D, Residential Planned Development Zone - 16th to 17th Street, Lanoitan Avenue to Rachael Avenue)," was presented for the firs'. reading. Moved by Colburn, seconded by Reid, the first reading of the ordinance be by title only. Carried by unanimous vote. The title was read... ORDINANCE NO. 1197, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM BUILDING CODE, VOLUME I, 1967 EDITION, EXCEPTING THE APPENDIX THERETO, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, DECLARING AND ESTABLISHING FIRE ZONES, AND REPEALING ORDINANCE NO. 1108, AND ALL OTHER' ORDINANCES AND PARTS OF ORDINANCES OF SAID CITY IN CONFLICT THEREWITH," was presented for the second reading. Moved by Hogue, seconded by Reid, it be read by title. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Colburn, the Ordinance be adopted. Carried by unanimous vote. 7/16/68 79 ORDINANCE NO. 1198, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANC OF THE CITY OF NATIONAL CITY, CALIFORNIA (General Restaurants, including on -sale alcoholic beverages, as a permissible use in the C-2-A, Special Limited Commercial Zone)," was presented for the second reading. Moved by Hogue, seconded by Reid, it be read by title. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN reported he had completed drafting the ordinance which would restrict and forbid the distribution or exhibition of offensive or harmful materials to minors. Moved by Hogue, seconded by Colburn, a copy of this ordinance be made and given to each member of the Council and Chief of Police for his recommendation. Carried by unanimous vote. CITY MANAGER OSBURN stated the bills and payroll were not yet ready for pre- sentation. The Council considered the request for oversized driveway for the SE corner of 13th and Roosevelt (Kenneth J. Oldaker, dba Maken's Bargain Motors). Moved by Colburn, seconded by Hogue, the request be granted with the stipu- lation a planting of the parkway be taken up by the owner of the property, participating with the City in its tree planting program. Director of Plann- ing Stockman inquired if that was also subject to the other conditions. (City Engineer's and Planning Director's recommendation the request be granted subject to three conditions.) Included in motion and second it be subject to the conditions set forth by the "Planning Commission." Carried b unanimous vote. The CITY MANAGER'S and CITY ENGINEER'S report on the Special Assessment Investigation Limitation and Majority Protest Act of 1911 hearing on Assess- ment District No. 153 (I, J, & L Avenues, 20th, 22nd and 24th Streets, dated July 11, 1968, was presented. The report stated 30 persons were at the hearing, of which 8 verbally protested; there were 30 written protests, representing 17.8% of the total area; the area west of "I" Avenue on 20th Street has 86.30% protest and it was recommended this area be eliminated fro^- the assessment district and the project proceed as presented with the boundary modification. Moved by Colburn, seconded by Reid, the report be accepted and the recommendations be approved. Vice Mayor Hogue inquired if the area recommended to be eliminated from the assessment district would be entirely eliminated from the cost of the district or if they were near enough so part of the cost would be carried by them also. City Engineer Foster said they would not be assessed. Carried by unanimous vote. The request of ARROW ELECTRIC COMPANY for a ten-day extension to complete installation of traffic signals, 8th and Harbor Drive, and the City Engineer'_. recommendation of extension, were presented. Moved by Hogue, seconded by Reid, the request be granted. Carried by unanimous vote. The recommendation of the BUILDING AND HOUSING ADVISORY AND APPEALS BOARD Marion F. Cooper, plumbing contractor, be appointed to fill a vacancy on the Board, was presented. Moved by Reid, seconded by Colburn, the recommendation be approved. Carried by unanimous vote. A communication from CHIEF CAGLE advising that PATROLMAN WILLIAM R. CURTIS volunteered to undertake the Spanish language training course with the Peacc Corps, was presented. Moved by Colburn, seconded by Reid, the request be granted and the report be filed. Carried by unanimous vote. An application for person to person transfer of on -sale beer and wine licens bona fide public eating place, by LIONEL S. REYNOLDS, DBA CLUB 21, 2105 National Avenue (dropping partner), was presented. Ordered filed by unanimc - vote. Approval of step increases for WAYNE B. SEYFERT and CLYDE M. WILSON, Police Department, was presented. Moved by Colburn, seconded by Camacho, the step increases be approved. Carried by unanimous vote. 7/16/68 b0 A communication from the DIRECTOR OF PLANNING in regard to the Technical Committee for undergroundi.ng of utilities within the City, was presented. Mayor Morgan recommended the appointment of George Waters and Bill Hogue to this committee. Moved by Colburn, seconded by Camacho, the Mayor's recommen- dation be approved. Carried by unanimous vote. The request of the DIRECTOR OF PUBLIC WORKS to enter into a lease agreement for a 12-ton street roller, was presented. Moved by Reid, seconded by Hogue, the request be approved. Carried by unanimous vote. A summary of the minutes of the LIBRARY BOARD OF TRUSTEES meeting of July 3rd, was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER listing items to be filed with the City Clerk (No Council action necessary): (1) Letter from the San Diego County Water Authority, dated July 2, 1968, enclosing tabulations showing changes in quantity of water stored in San Vicente Reservoir as of June 30, 1968, and average monthly water deliveries in c.f.s. by the Authority to member agencies for the fiscal year 1967-68 through June 30, 1968; (2) Letter from the San Diego County Water Authority, dated July 9, 1968, Subject: Certifi- cation of Agricultural Rebates; (3) Notice of Cancellation of Insurance Policy from Wilshire Insurance Company, 5505 Wilshire Boulevard, Los Angeles, California, Policy No. CV 30-76-69 for Bay Cities Ambulance, Inc. and O. Stephen Ballard and Ballard's Ambulance Service, 864 Broadway, Chula Vista, California, was presented. CITY MANAGER OSBURN reported receipt of a letter from the Chief of Police recommending two points be allowed on entrance examination to the Police Department for persons able to hold a conversation in the Spanish language; two points is the same as given for veterans; he concurred with the Police Chief's recommendation. The City Manager stated he would like to take this to the Civil Service Commission meeting tomorrow night (July 17th) and they would devise some means of measuring their conversation to determine whether or not applicants are qualified. Moved by Hogue, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a telephone call from Mr. Holzman, State Department of Finance, in regard to population research; National City's official population was certified as 46,629; this might be changed, but any change would be very small; by certifying it Thursday it made the City eligible for a full year of gas tax and motor vehicle license tax. CITY MANAGER OSBURN reported receipt of a request from Marvin W. Carpenter, Calexico, California, relating to painting numbers on curbs; our ordinance requires the City Engineer approve the color, the painting and the size of the letters; this has been done by the Engineering Department and Mr. Carpenter has paid for his business license. The City Manager recommended approval. Moved by ramacho, seconded by Colburn, the City Manager's recomme. dation be approved. Councilman Reid said he approved of the lettering but he did not like the way citizens were asked for payment. Vice Mayor Hogue inquired if the City Manager could contact Mr. Carpenter and inform him the City did not want their citizens .harassed over the payment. Marvin W. Carpenter was present and said collection was made as follows: after doing an entire street, they put a notice on the door that the work has been done and was done on a donation basis and whatever they wanted to give would be fine; when they go through a second time, they have a list and they tell the folks the work was done and ask if they would like to inspect it in order tc eliminate the possibility of mistakes in the numbering; those people who cor tribute are immediately crossed off. Vice Mayor Hogue stated they had painted over the old number on his curb without his knowledge and inquired 3.:,. he told him he did not want to pay for another number to be put on the curb.; would they repaint the number. Mr. Carpenter said he would unless he though it would make Vice Mayor Hogue mad by doing i.t; he tells the folks they would do them whether or not they got paid. Carried by the following vote, to wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: Reid. 7/16/68 81 CITY CLERK MINOGUE reported receipt of a communication from the City Clerk of Chula Vista enclosing Chula Vista Resolution No. 4807 extending the agree- ment for the use of dog pound facilities to December 31, 1969. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of a notice of application with the California Public Utilities Commission for an increase in passenger bus fares and package express charges by Greyhound Lines, Inc., Western Greyhound Lines Division. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of a copy of a communication from the Executive Officer to the Local Agency Formation Commission in regard to the proposed J. E. Stockton Annexation to the Spring Valley Sanitation District recommending the Commission adopt a resolution disapproving the proposed annexation (resolution received and on file) and that the Commission request the Board of Directors of the Spring Valley Sanitation District to submit requests for sewer contracts in the Lincoln Acres area to the City of National City and that the Commission encourage the City of National City to under- take the development of logical annexations within Lincoln Acre$ area. Mayor Morgan recommended they authorize the City Attorney to study this item and see if the Council could instigate the annexation of the entire area of Lincoln Acres without circulating a petition. Moved by Reid, seconded by Colburn, the Mayor's recommendation be approved. Vice Mayor Hogue stated he would like to know how much of a problem it would be to the City; it has been unplanned for years and the streets are undeveloped. Councilman Camacho stated this would probably be in the City Attorney report. Mayor Morgan said the City Attorney would report on whether or not they could annex with- out circulating a petition; if they decided it could, they could discuss all of this later on. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion to deny the request of O. D. Arnold & Sons for reconsideration of Condition No. 21 (concealed or underground cable and one central antenna) for O. D. Arnold Hills Subdivision with the subdivider to proceed with the in- stallation of concealed antennas or by the construction of one central antenna with the reception piped to each residence underground. Moved by Hogue, seconded by Colburn, the Planning Commissionts recommendation be approved. Councilman Reid inquired if he voted "yes" on this, did it mean the people in the O. D. Arnold Hills Subdivision could not put up an antenna until they could get the cable in the ground. Director of Planning Stockman said it would as the condition stood now. Vice Mayor Hogue inquired if the subdivider put in the underground conduit for cable TV, did it relieve him of the construction of a central antenna. Mrs. Stockman said she gave the Planning Commission two choices: they put up a community antenna and a franchise given to an antenna company for maintenance; or install individual antennae for each unit and the subdivider be required to install with the utility companies the necessary conduit which would provide for the installer tion of the cable; if and when cable TV was expanded to the area, this would provide for the service and would eliminate the tearing up of the street improvements; the Planning Commission felt since they were trying to get undergrounding of utilities, the subdivider could install concealed antennae within the roof of each building or install one central antenna and connect it underground to each residence. Councilman Colburn stated it would add support to our petition to the FCC to show them we are upgrading our communit.- by undergrounding one complete new subdivision and the only way it could be a complete undergrounding was with cable TV service; they could always go backto allowing antennae when they first move into the homes. Mayor Morgan said he questioned this operation as he did not know who was going to be responsible for maintenance. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan. DIRECTOR OF PLANNING STOCKMAN presented her recommendation application for Zone Variance 251 (reduction of building site),. 541 E. 4th Street, be placed on the Agenda for August 6th and the Planning Conimigsion's recommendation be 7/16/68 82 taken under consideration at that time. Moved by Reid, seconded by Colburn, the Planner's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented her recommendation application for Zone Variance Z52 (rear yard setback from 25' to 18.75'), 2222 Beta Street, be placed on the Agenda for August 6th with the Planning Commission's recommendation taken under consideration at that time. Moved by Colburn, seconded by Reid, the City Planner's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented her recommendation a public hearing be set on the proposed amendment to the Zoning Ordinance creating hotel -motel - tourist commercial zoning requirements and the Planning Commission's recommen- dations be taken into consideration at that time. Moved by Colburn, seconded by Camacho, the Planner's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented her recommendation a hearing be set for a zone change to establish Flood Plain Zoning west of Interstate 5 Freeway to the Mean High Tide Line and the Planning Commission's recommen- dation be taken into consideration at that time. Mrs. Stockman recommended this hearing be at the earliest possible date. Moved by Hogue, seconded by Camacho, the Planner's recommendation be approved. Carried by unanimous vote. The CITY TREASURER'S statement for the month ending June 30, 1968, was pre- sented. Ordered filed by unanimous vote. At 8:30 p.m. MAYOR MORbGAN called an Executive Session to discuss possible litigation on the 1911 Act for N Avenue and 17th Street. The meeting reconvened at 8:42 p.m. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. CITY ATTORNEY McLEAN recommended validation proceedings be instituted in Assessment District No. 138 (17th Street and N Avenue) and he be authorized to employ an associate counsel at the standard fee. Moved by Colburn, seconded by Camacho, the City Attorney's recommendation be approved. Carried by unanimous vote. Moved by Hogue, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:44 p.m. MAYOR, CITY OF NA;!'IONAL'CITY, CALIFORNIA ATTEST: 7/16/68