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HomeMy WebLinkAbout1968 07-28 CC MIN83 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 23, 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, Morgan. Absent: Reid. ADMINISTRATIVE OFFICIALS present: Foster, McLean, Mi.nogue, Osburn, Parks, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Elder E. Irvin Lehman, Paradise Valley Seventh Day Adventist Church, Moved by Hogue, seconded by Camacho, the minutes of the regular meeting of July 16, 1968 be approved. Carried by unanimous vote. Absent: Reid. COUNCILMAN COLBURN stated there was discussion in pre -council conference regarding left turn lanes; the City Engineer invited the Mayor on a tour to observe the lanes and he would like to take the tour also. City Engineer Foster said he would schedule the tour next week when Associate Civil Engineer Newberry would return from vacation. MAYOR MORGAN stated Chula Vista was considering adding a use tax (or some kind of tax) on gas and electric to pay for their bonds; he inquired if Chula Vista could tax a company that serves both National City and Chula Vista and derive tax only for their city, or would it be a general tax where National City residents would also be paying part of it. City Attorney McLean said his understanding was they intend to levy a tax on users of gas and electric services which would not affect the residents of National City; Chula Vista does not have power to levy a tax in National City nor to change the charge for electric and gas services; the Public Utilities Commission fixes the rates paid by consumers. Mayor Morgan asked the City Attorney to watch this and make sure National City will not be charged for any of i,t. City Attorney McLean said he would communicate with Chula Vista City Attorney Lindberg regarding his plans in this respect. MRS. IRMA BEAUCHAM, Community Action Council, 2412 B Avenue, was present anc requested consideration of the Community Action Council's request in a letter directed to the City Manager. The City Manager read as follows: "Computer capability has been made available to the National City Community Action Council to conduct a survey on the varying types of needs for low cost child care facilities for National City. A waiver is requested for the fee charge for conducting a survey for the volunteers. Approximately ten persons will approach the citizens of National City for one month, starting on the last week of July and ending the end of August. Results of the survey will be made available for use. Signed by Mrs. Margaret Hirschy, Executive Secretary, National City Community Action Council." Moved by Colburn, seconded by Hogue, the request be granted. Carried by unanimous vote. Absent: Reid. CITY ATTORNEY McLEAN stated the first two resolutions listed on the Agenda for adoption (1. Various resolutions pertaining to 1911 Act, Assessment District No. 153 (I, J, L, 20th, 22nd and 24th Streets); 2. Various resolu- tions pertaining to 1911 Act, Assessment District No. 165 (8th Street, K Avenue to easterly line of railway right-of-way) should be deferred. RESOLUTION NO. 9630, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE N, CLOSE WILSON AVENUE BETWEEN 8TH STREET AND 10TH STREET, AND 9TH STREET AND 10TH STREET WEST OF WILSON AVENUE," was presented. Moved by Hogue, seconde by Camacho, it be read by title. Carried by unanimous vote. Absent: ReiC 7/23/68 t34 The title was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Councilman Colburn inquired if the letter received from Mr. Murray regarding the proposed use and immediate development of the area was included as a part of the resolution. City Attorney McLean said the resolu- tion only vacates the described property; there is nothing in the resolution concerning conditions. Councilman Colburn inquired if the letter they received could be considered an honored part of the resolution; if the resolution was adopted and the owner did not perform as stated in the letter, could they reopen the street or refuse the closing of it. City Attorney McLean said the City, under the right circumstances, could take the position that the street closing was obtained by fraud; when a citizen made an affirmative representation to a city council that i.f the council would exercise its discretion the citizen would do certain things and in fact the citizen didn't intend to do them, he supposed a case of fraud could be made from it and they could rescind the resolution vacating the street; he had not approached this problem with that in mind, however. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 9631, "RESOLUTION OF AWARD OF CONTRACT (22nd Street Storm Drainage, Specification No. 734)," was presented. Moved by Colburn, seconded by Hogue, it be read by title. Carried by unanimous vote, Absent: Reid. The title was read, Moved by Hogue, seconded by Camacho, the Resolution be adopted. The City Clerk reported the Certificate of Publication and the Affidavit of Posting Advertisement for Bids are on file. The City Clerk's report of opening of sealed bids July 17th (M. Arrieta, Schedules A & C, $17,079.50; Fanco, Schedules A & B, $21,812.60, A & C, $18,892.60 and A & E, $20,172.60; Griffith Company, Schedules A & C, $11,739.00; Ham Bros., Schedules A & C, $12,331.36; T. B. Penick, Schedules A & B, $16,217.76, and A & C, $14,200.00; Vispa, Schedules A & B, $15,648.00, A & C, $13,760.00, A £ D, $21,776.00 and A & E, $15,216.00; Witon, Schedules A & B, $15,228.30, A & C, $14,433.90 and A & E, $15,829.10) and the City Engineer's recommen- dation the low bid of Griffith Company of A & C, $11,739.00 be accepted and all other bids be rejected, were presented. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 9632, "RESOLUTION GRANTING PERMISSION TO INSTALL OVERSIZE DRIVEWAY AT MAKEN'S BARGAIN MOTORS, 13TH STREET EAST OF ROOSEVELT AVENUE," was presented. Moved by Colburn, seconded by Hogue, it be read by title. Carried by unanimous vote. Absent: Reid. The title was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. , "An Ordinance amending Division 4, Chapter 40 of the National City Municipal Code by adding thereto Article 402containing Sections 4021 through 4046 providing for licensing and defining the con- struction of safety standards for peep show establishments," was presented for the first reading. Moved by Colburn, seconded by Camacho, the first reading of the ordinance be by title only. Carried by unanimous vote. Absent: Reid. The title was read. ORDINANCE NO. 1199, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Zone Change from R-1, Multiple Family Residence Zone to R-4 P-D, Residential Planned Development Zone, 16th to 17th Street, Lanoitan Avenue to Rachael Avenue)," was presented for the second reading. Moved by Hogue, seconded by Camacho, it be read by title. Carried by unanimous vote. Absent: Reid. The title was read. Moved by Colburn, seconded by Hogue, the Ordinance be adopted. Carried by unanimous vote. Absent: Reid. ORDINANCE NO. 1200, "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 second reading. Moved by Colburn, seconded by ramArho, 7/23/68 85 it be read by title. Carried by unanimous vote. Absent: Reid. The title was read. Moved by Colburn, seconded by Hogue, the Ordinance be adopted. Carried by unanimous vote. Absent: Reid. CITY ATTORNEY McLEAN reported he could not establish a method by which the City could initiate the annexation of an inhabited territory; the matter of annexation is regulated strictly by statute which provides for annexations of inhabited territories be initiated by petition of the residents; there- fore, his answer was "no;" the City could not initiate the annexation of an inhabited territory. CITY ATTORNEY McLEAN reported regarding the cable TV problem, a petition was prepared for the Federal Communications Commission for reconsideration of their findings as they restrict the expansion of cable TV in National City; the petition was mailed this afternoon and should be filed before the time limit. MAYOR MORGAN introduced Tom Parks, Special Projects Coordinator, hired by the City Manager to work on contracts for the Redevelopment Agency. PAYROLL audited by the FINANCE COMMITTEE in the amount of $76,184.37 was presented. Moved by Colburn, seconded by Camacho, the payroll be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: ('vmat-ho, Colburn, Hogue, Morgan. Nays: None. Absent: Reid. BILLS audited by the FINANCE COMMITTEE were presented as follows: General Fund $10,024.39 Traffic Safety 3,642.93 Park 1,201.29 Retirement 14,873.69 Gas Tax No, 2106 3,505.85 Gas Tax No. 2107 23,930.11 Trust & Agency 50.00 Drainage 2,301.25 Sewer 1,493.72 Civic Center 5,723.68 Total $66,746.91 Moved by Colburn, seconded by Camacho, the bills be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: None. Absent: Reid. MAYOR MORGAN stated he did not know who contributed the bouquet on the Council bar but they appreciated it. VICE MAYOR HOGUE stated there is a traffic problem on Plaza Boulevard betwee the Mayfair Market and the office buildings on the north created by parking along the curb; he suggested the Traffic Safety Committee and the Chief of Police look into the situation; possibly it would have to be red curbed. Mayor Morgan asked if the Vice Mayor would consent to wait until he and Councilman Colburn took the tour mentioned earlier in the meeting as he believed that might be on their agenda. Vice Mayor Hogue stated he wanted Traffic Safety and the Chief of Police to look at it also. Moved by Colbur,>, seconded by Camacho, Vice Mayor Hogue's recommendation be approved. Carried by unanimous vote. Absent: Reid. CITY CLERIC MINOGUE stated Mrs. Lorna Harris presented the flowers on the Council bar; she expected to be present at the meeting but had not yet arrived. The report of the DIRECTOR OF PLANNING in regard to a possible zone control on automobile service stations (June 8, 1967) and a communication from the City Manager stating a Conditional Use Permit or Planned Development Permit 7/23/68 86 would be the most effective zoning control on service stations, were pre- sented. Vice Mayor Hogue stated the City has reached a saturation point so far as service stations were concerned; they should refer Director of Plann- ing Stockman's suggestions to the Planning Commission indicating Council desired to control the number of stations, types, etc. Moved by Hogue, seconded by Colburn, the Planning Director's recommendations be referred to the Planning Commission, along with the ideas of Council. Carried by unanimous vote. Absent: Reid. The CITY MANAGER'S report on present policy in regard to standby duty, was presented. Vice Mayor Hogue stated this report wasn't exactly what he was looking for; the City Manager would pent another one. The DIRECTOR OF BUILDING AND HOUSING'S report in regard to emergency fire exits - bedroom windows, was presented. Ordered filed by unanimous vote. Absent: Reid. The CITY ENGINEER'S communication in regard to drainage, Division to Highland, was presented. Moved by Hogue, seconded by Camacho, the communication be filed. Mayor Morgan inquired if the City had money to proceed or if this was just for information. City Manager Osburn stated i.t was basically for information at this time; there will be money in the Drainage Fund and he would like to make an estimate on it later. Councilman Colburn said drainage was quite a problem for residents adjacent to Division Street; the Engineer indicated a choice of routes and drains (covered pipe or an open channel); he would rather this be referred to the City Manager for a meeting with the residents who would be directly affected to determine the type of drainage they would accept so an easement could be obtained from them; that would give them the exact route they should take; if at that time the citizens went along with the most economical way, it would be possible the Council could consider it. City Manager Osburn said he would bring back a report on this probably at the time they adopt the budget. Mayor Morgan said he was going to insist on this as much as Vice Mayor Hogue insists on Harbison. Carried by unanimous vote. Absent: Reid. A communication from COUNTY ENGINEER SPEER in regard to the proposed realign- ment for Grove Street in National City, was presented. There was considerable discussion. Moved by Colburn, seconded by Hogue, they approve the route recommended to them (route proposed by County Engineer). Carried by unanimous vote. Absent: Reid. Moved by Colburn, seconded by Hogue, the City Manager be directed to further look into or have the City Planner look. into the proposed freeway and Sweetwater Flood Control Channel to find out where Edgemere was goins to enter 30th Street and if it was going to align with Palm or Grove. Carried by unanimous vote, Absent: Reid. Approval of step increases for Donald Spickard, Donald DeBus and L. R. Bourgerie, approved by the Director of Public Works and the City Manager, was presented. Moved by Colburn, seconded by Camacho, the step increases be approved. Carried by unanimous vote. Absent: Reid. The request of the MUSCULAR DYSTROPHY ASSOCIATION to solicit in National City during November and December 1968 and City License Collector Kerr's recommendation of approval, were presented. Moved by Hogue, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Reid. The request of the JUNIORS OF SOCIAL SERVICE AUXILIARY to solicit for adver- tising and donations for souvenir program, Annual Mardi Gras Ball January 18, 1969, and City License Collector Kerr's recommendation of approval, were presented. Moved by Colburn, seconded by Camacho, the request be granted. Vice Mayor Hogue suggested they send the request to the Chamber of Commerce for their approval since they would be soliciting merchants. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Morgan. Nays: Hogue. Absent: Reid. 7/23/68 87 The request of EASTERN STAR NO, 345 of National City for a no fee permit for a rummage sale August 1 - 3 at 133 E. 8th Street, was presented. Moved by Camacho, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Reid. A communication from YALE, WILSON, YALE & GANT, attorneys for Richard B. Ervin, in regard to development of Mr. Ervin's property located within the redevelopment area, was presented. Moved by Hogue, seconded by Colburn, this item be referred to the Redevelopment Agency. Carried by unanimous vote. Absent: Reid. A communication from the NATIONAL CITY JAYCEES offering the City a one page ad in the 1968 Pony League Regional and Western Divisional Tournament program at a cost of $100.00, was presented. Moved by Hogue, seconded by Camacho, the request to take the ad in the program be granted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Morgan. Nays: Colburn. Absent: Reid. The minutes of the regular meeting of the CIVIL SERVICE COMMISSION, July 17th, were presented. Ordered filed by unanimous vote. Absent: Reid. Excerpts from the minutes of the PARK & RECREATION ADVISORY BOARD meeting, July loth, were presented, Ordered filed by unanimous vote. Absent: Reid. CITY MANAGER OSBURN reported receipt of a request from the American Oil Company for three oversized driveways on Highland Avenue and two on 18th Street for the development of a service station and another building at 18th and Highland; all of the overwidth driveways will be 351 in width; it will be on the Agenda for the next meeting along with the Engineering and Planning departments reports. CITY MANAGER OSBURN reported receipt of a communication from the State Popula- tion Research Group stating National City's population as of June 13, 1968 was 46,629. VICE MAYOR HOGU E referred to the Park & Recreation Advisory Board minutes of July loth; someone had evidently asked Director of Parks & Recreation Maley about stray golf balls at Las Patmaq Park and he stated "it appears to be more than a vague possibility that the City is going to have a golf course." The Vice Mayor said Mr. Maley evidently knew something about this that he did not and inquired if the holder of the lease for the golf course was planning on giving it up. City Manager Osburn said they had no knowledge of this; Mr. Usher has made some remarks in this regard in the past but he had heard nothing but just a remark. Vice Mayor Hogue said if it was true they should meet with Mr. Usher and see if there was something that could be done to enable them to keep the golf course, Mayor Morgan asked the City Manager to check with Mr, Maley. CITY CLERK MINOGUE reported receipt of a communication from the U. S. Army Corps of Engineers giving public notice relative to the modification of Harbor Lines in San Diego Bay requested by the Port District on file. CITY CLERK MINOGUE reported receipt of a communication from the U. S. Army Corps of Engineers giving notice of an application by the Pacific Telephone Company to install one submarine telephone cable between San Diego and Coronado in San Diego Bay on file. CITY CLERK MINOGUE reported receipt of a notice of hearing before the Public Utilities Commission on the application of Greyhound Lines, Inc., Western Greyhound Lines Division for an order authorizing statewide increase in intrastate passenger fares and express rates, Tuesday, August 13th, San Francisco, on file. 7/23/68 88 Moved by Camacho, seconded by Colburn, the meeting be closed. Carried by unanimous vote. Absent: Reid. The meeting closed at 8:15 p.m. ATTEST: MAYOR, CITY OF N 3`ION f. CITY, CALIFORNIA 7/23/68