Loading...
HomeMy WebLinkAbout1968 11-12 CC MIN171 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 12, 1968 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Vice Mayor Hogue. Council members present: Camacho, Colburn, Reid, Hogue. Absent: Morgan. ADMINISTRATIVE OFFICIALS present: Foster, McLean, Minogue, Osburn, Stockman, Watts. The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Reverend Tommy Beard, First Assembly of God Church. Moved by Colburn, seconded by Camacho, the minutes of the adjourned meetings of October 29th and October 30th be approved. Carried by unanimous vote. Absent: Morgan. The proposed PROCLAMATION of "AMERICAN EDUCATION WEEK" (November 10 - 16, 1968) was read. Moved by Reid, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. Absent: Morgan. Moved by Colburn, seconded by Reid, the letter received from the Mayor of Covina be referred to the City Manager for a report or recommendation. Councilman Colburn stated the letter was in regard to narcotics and some of the recommendations in the suggested resolution are already being fulfilled at the border by the San. DiegoPolice Department; before adopting a similar resolution, he would rather have 'the City:' Manager'. review itand check with the City of Covina to see if they knew that. Carried by unanimous vote, Absent: Morgan. Mayor Morgan -arrived -and took.hi's-place at the meeting. -Vice Mayor -Hogue advisedthe-.Mayor he promised-the-applicant.1tem.a under.Planning Commission Report onthe-Agenda (,Recommendation Zone Variance Z-55 to reduce rear yard setback to 1318" at 3004 E. 9th Street to permit construction of additional living space be approved) would•follow Oral Communieations.to enable!him:to get to work, Mayor Morgan stated he was late for the meeting because the National City Teachers' Association was giving him an award. The PLANNINGCOMMISSION recommendation --Zone Variance-55 to reduce the rear yard setback to 13'8" at 3004 E. 9th Street to permit construction of addi- tional living space be approved, was presented. Moved by Camacho, seconded by Hogue, the request:be-granted. Carried by unanimous' vote. Moved by Hogue,seconded by Camacho, the following eight resolutions be read by title. Carried by unanimous vote. RESOLUTION:NO. 9692, 'DEDICATION OF CITY OWNED. PROPERTY FOR_PUBLIC STREET PURPOSES (A.-Portion`of-.-30th:Street) " Moved..by Hogue, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9693, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of 22nd Street)," Moved by.Camacho., seconded by Reid, the Resolution be adopted. Carried ,by unanimous vote:- RESOLUTION NO. 9694, !'DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion; of.tD'.Avenue)." Moved by Colburn -seconded by; Reid, the Resolution be adopted. Carried by unanimous vote, RESOLUTION NO.`9695,. "RESOLUTION .ACCEPTING CONVEYANCE OF REAL PROPERTY:(Q Ave- nue -Drain)." Moved. by Reid, seconded by Colburn, the. Resolution be adopted. Carried by unanimous vote.• 172 RESOLUTION NO. 9696, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (A Portion of La Siesta Way)." Moved by Colburn, seconded by Reid, the Resolu- tion be adopted. Carried by unanimous vote. RESOLUTION NO. 9697, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of La Siesta Way)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9698, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (A Portion of Granger Avenue)." Moved by Colburn, seconded by Reid, the Resolu- tion be adopted. Carried by unanimous vote. RESOLUTION NO. 9699, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of Granger Avenue)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9700, "RESOLUTION APPOINTING A CITIZENS COMMITTEE FOR COMMUN- ITY IMPROVEMENT," was presented. Moved by Colburn, seconded by Camacho, the resolution be read by title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "An ordinance increasing the tax upon the privilege of transient occupancy and providing for the collection thereof," was presented for the first reading. Moved by Colburn, seconded by Reid, the reading of the ordinance be by title. Carried by unanimous vote. The title was read. Councilman Colburn stated he did not vote for a motel tax in National City but the 1% increase proposed by this ordinance only conforms with the rest of the county; he thought it would be more attractive if National City main- tained a no -tax policy on motels which possibly would have helped gain a motel; A 4% discount (5% now) would have been an advertising point for motel owners. Vice Mayor Hogue stated he did not think they should raise a tax on anyone just because someplace else does. Councilman Camacho inquired how much revenue this tax would bring to the City. City Manager Osburn said under the 4%, they estimated $7,000.00 for the 1968-69 budget year; as of the end of October they had collected $4,300.00; it's a source of revenue local people do not have to pay; people staying at the motels are furnished police and fire protection and use of City facilities during their stay in the City. Councilman Camacho stated this had not stopped the growth of motels in other cities; the tax should be raised. Vice Mayor Hogue stated if the cost for police and fire to cover motels had increased, he could see raising the tax; however, he doubted that it had increased. ORDINANCE NO. 1211, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, RELATING TO THE REQUIREMENTS FOR THE UNDERGROUNDING OF UTILITIES," was presented for the second reading. Moved by Hogue, seconded by Reid, the reading of the ordi- nance be by title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Camacho, the Ordinance be adopted. Councilman Colburn said the ordinance was held up for a report from the City Attorney; the San Diego Gas & Electric Co. indicated there was a portion of this ordinance they did not think was necessary but the City Attorney suggested it was; he re- quested they have at this time the City Attorney's views on this. City Attorney McLean said the point of issue was that cities have become concerned about the appearance of the community; there has been interest in the right of cities to require the undergrounding of utilities; the utility companies in California have consistently taken the position any undergrounding that occurs, regardless of circumstances, is to be done at the expense of the con- sumer; it is conceivable the City can take the position our franchise with the gas and electric company has provisions in it which under proper circum- stances can require the undergrounding of utilities at the utility company's expense and not at the expense of the consumer; it is also conceivable under certain circumstances the City Council has the power in their police power to require the undergrounding of utilities at the utility company's expense; he did not want to be in the position at some later date if such a dispute arose of having this ordinance cited by the gas and electric company in any 11/12/68 173 way as a modification of any existing rights of the City Council to require undergrounding at utility company's expenses; the paragraph he added on the end essentially states that the attorney for the gas and electric company disagrees with him completely, saying they do not want to be in the position (because they participated with the preparation of the ordinance) to be held to having consented in any way to any increase in their obligations; as it stands now, neither of them have changed their minds. Motion to adopt the ordinance carried by unanimous vote. VICE MAYOR HOGUE asked to go back to the 9th resolution listed on the Agenda (A Resolution Appointing a Citizens' Committee for Community Improvement); three of the people appointed on this committee already serve in some capac- ity in the community; Council seems to have a tendency to overwork some people; he suggested when citizens are to be appointed to perform certain duties they include some new people from the community. CITY ATTORNEY McLEAN reported there were three premises in the City which were in unsafe conditions: 1538 Harbison, 1041 National Avenue, 2600-2700 Hoover; to date voluntary compliance provisions have not been met; he was seeking the authority to institute the proper Legal procedures to achieve compliance with the law. Moved by Colburn, seconded by Hogue, the City Attorney's request be granted. Carried by unanimous vote. CITY ATTORNEY McLEAN stated the City was served with a suit by Harold Nichols et al concerning a drainage problem; he will institute the appropriate pro- ceedings to protect the City's interest. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $24,792.98 Traffic Safety 6,305.59 Park 703.51 Gas Tax No. 2106 .55 Special Street 391.76 Trust & Agency 165.00 Sewer 1,569.53 Civic Center 1,456.93 Total $35,385.85 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, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $78,941.14 was pre- sented. Moved by Hogue, seconded by Colburn, the payroll be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. The recommendation of the MAYOR and CITY MANAGER in regard to recreation building, Kimball Park, was presented. Mayor Morgan stated the City owns approximately 30,000 square feet east of Palm Avenue which they could sell and use the proceeds to erect a building in Kimball Park; it is badly needed. Moved by Camacho, seconded by Reid, the property be put up for bid. Council- man Reid stated the property would be worth more than a"dollar a foot when the freeway was finished. Councilman Colburn said he felt the value of the property will greatly increase at the time 305 is further along than it is; there has been no report on the structural condition of the building referred to; possibly paint would take care of the problem temporarily; it seems to be only the appearance they have been concerned with; it is well landscaped around the area and could be fixed up for fax less money than the projected amount to build a new one. Mayor Morgan asked Councilman Reid how much more the property would be worth after the freeway goes in. Councilman Reid said it would be worth another fifty cents. Motion and second withdrawn. Moved by Colburn, seconded by Camacho, this item be referred to the Park & Recrea- tion Advisory Board. Carried by unanimous vote. 11/12/68 174 The USE DISTRICT HEARING ON THE PROPOSED ZONE CHANGE OF THE AREA BETWEEN 1A747 AND 20TH STREETS, LANOITAN AND RACHAEL FROM R-2, TWO FAMILY RESIDENCE ZONE TO R-4, MULTIPLE RESIDENCE ZONE was held at this time. City Clerk Minogue re- ported she had the Certificate of Publication on file. Director of Planning Stockman read the Planning Commission recommendation: the R-4, Multiple Fam- ily Residence Zone, request be denied; the area between 18th Street and 19th Street, east of parcels 39 and 40, and the area between 19th Street and 20th Street, east of parcels 20 and 21, remain an R-2, Two Family Residence Zone; the area between 18th Street and 19th Street, excluding all portions of the C-2, Limited Commercial Zone, between Lanoitan Avenue and the easterly line of parcels 39 and 40, and the area between 19th Street and 20th Street from Lanoitan Avenue and the easterly line of parcels 20 and 21 be changed from an R-2, Two Family Residence Zone to an R-4-P-D, Residential Planned Develop- ment Zone. No one was present in this regard. Moved by Colburn, seconded by Reid, the hearing be closed, the request be approved and the recommendation of the Planning Commission be included in the approval. Carried by unanimous vote. The CITY MANAGER'S report in regard to change of pay days, was presented. Moved by Colburn, seconded by Hogue, this item be referred back to the City Manager for further study. Carried by unanimous vote. The result of the opening of bids for eight police vehicles (Colonial Ford, total cost to City, $10,598.57; Stanley Dodge, total cost to City, $12,431.64 McCune Motors, total cost to City, $14,574.14) and the Police Chief's recommendation the low bid of Colonial Ford ($10,598.57) be accepted, were presented. City Clerk Minogue stated the Certificate of Publication and Affidavit of Posting were on file. Moved by Colburn, seconded by Camacho, the recommendation be approved. Carried by unanimous vote. The request of LEE MOORE, DIAMOND CAB, for 5 additional taxicab permits, the report of Chief Cagle and the City Manager's report, were presented. Ordered filed by unanimous vote. Councilman Colburn stated Council members received a letter from the Chief of Police regarding taxicabs and suggested a copy of the letter be sent to Mr. Moore. The CITY MANAGER'S recommendation the City ask the State to purchase property of the same value east and south of the swimming pool to add to Las Palmas Park rather than take money for freeway right of way, Route 805 was presented. Moved by Hogue, seconded by Camacho, the City Manager's recommendation be approved. Councilman Colburn stated he did not feel more park land was need- ed in National City; he would rather the City receive the money for the right of way and put to use as capital outlay money for erecting buildings within the park area. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. A communication from ANTONIO QUINTAL requesting a retaining wall at 1815 Granger Avenue be allowed to remain and the City Engineer's recommendation of approval as the encroachment does not occupy sidewalk area, were presented. Moved by Colburn, seconded by Hogue, the recommendation be approved and the request granted. Carried by unanimous vote. A communication from the CHAMBER OF COMMERCE in regard to Christmas decora- tions on 12th Street and requesting City help on four items, was presented. Moved by Hogue, seconded by Reid, the request be approved subject to the approval of the City Manager. City Manager Osburn said he recommended approval. Carried by unanimous vote. A communication from the CITY MANAGER in regard to S & A Investment Company escrow on Parcel 2, was presented. Moved by Colburn, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. The request of BRICE E. SINGLETARY for a 24' loading zone on National Avenue, the NE corner at National and 2nd, was presented. Moved by Hogue, seconded by Reid, this item be referred to the Traffic Safety Committee. Carried by unanimous vote. 11/12/68 175 An application for refund of $25.00 performance bond by WILLIAM A. RA.SMUSSFM, 1945 Palm Avenue (approved by the Engineering Department), was presented. Moved by Camacho, seconded by Colburn, the refuna be granted. Carried by unanimous vote. A Notice, COUNTY BOARD OF SUPERVISORS, at 9:30 a.m., November 26th will con- sider possible expansion of the Citizens' Interracial Committee of San Diego County, was presented. Ordered filed by unanimous vote. A communication from the INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ex- pressing appreciation for permitting Director of Building & Housing Biggs to attend the 46th annual business meeting in Houston, Texas, was presented. Moved by Camacho, seconded by Reid, the communication be filed. Councilman Colburn stated this was a congratulatory type letter and suggested a copy be placed in Mr. Biggs• file. Carried by unanimous vote. A communication from NORMAN N. ROSEN, Attorney at Law, El Paso, Texas, in appreciation of the kind and efficient services of the National City Police Department and in particular, Lts. Hunter, Crowell and Reed was presented. Moved by Camacho, seconded by Hogue, the communication be filed. Councilman Colburn requested a copy of the communication be placed in the employee file of each of the named officers. Carried by unanimous vote. The request of the CITY MANAGER to hire a temporary employee to replace Mrs. Valdez during approximately 28 days vacation and sick leave, starting Novem- ber 12th, was presented. Moved by Reid, seconded by Hogue, the request be approved. Carried by unanimous vote. The request of PARK & RECREATION DIRECTOR MALEY to replace twenty-three young trees destroyed by vandals at Kiwanis Grove, El Toyon Park, was presented. Moved by Colburn, seconded by Camacho, the request be granted. Councilman Colburn stated National City has a tree planting program where the owner of the property will pay the original cost of a tree in the Parkway and the City will plant; he requested a report from the City Manager as to whether this same obligation would prevail if once the trees were planted they were des- troyed by vandals or if the trees were not properly taken care of by the pro- perty owner. Mayor Morgan said people in the neighborhood would benefit if they would call the police when they see the trees being destroyed as the time may come when they will have to fence the area and lock the gate to keep people out during certain hours. Motion to grant the request carried by unan- imous vote. A communication from the PROJECT DIRECTOR, PEACE CORPS DEVELOPMENT & TRAINING CENTER, Escondido, in appreciation for the City's cooperation and courtesy, Colombia Secondary Education Program, was presented. Ordered filed by unan- imous vote. A communication from the NATIONAL CITY ART ASSOCIATION in appreciation for the City's interest and help on the occasion of their 20th birthday party, was presented. Ordered filed by unanimous vote. Approval of step increases for W. C. Berry, Joseph Miyoshi, Park & Recreation; L. J. Kraus and Maria Navarro, Engineering; Frank L. Blickenstaff, T. W. Fowler, Patricia Hertig, Evelyn Robertson, Police Department; Charles L. LaFave, Fire Department; Jeanne Young, Building Department, all approved by department heads and City Manager, were presented. Moved by Hogue, seconded by Colburn, the step increases be granted. Carried by unanimous vote. The CITY MANAGER'S recommendation of classification change to Assistant City Manager, was presented. Moved by Camacho, seconded by Reid, the City Mana- ger's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PARKS & RECREATION MALEY'S request for capital improvement, park maintenance building within outer fence at Hart Field, was presented. Moved by Hogue, seconded by Camacho, the request be granted. Councilman Colburn 11/12/68 176 said he would probably approve of something like this if it was more realis- tic; the City was planning on a new Public Works vard; he did not think they needed to utilize park land for a public works yard; he suggested the Director of Parks & Recreation be notified there was space for the repair or storage of his lawnmowers and tractors at the Public Works yard. (City Attorney McLean left the Council Chamber.) Councilman Reid said he would like to see some money spent to protect what they had before they built something else with no way to check it in the night. Councilman Camacho said a lot of time would be lost if every time the park crew wanted something they had to run down to the Public Works yard to get equipment; park equipment should be in the park where it could be utilized. Mayor Morgan inquired if this item was in the budget. The City Manager said it was. Councilman Colburn said the City has three parks but does not have three tractors nor three lawn mpwers; a garage is set up where repair and maintenance should be handled. Motion to grant the request carried by the following vote, to -wit: Ayes: Camacho, Hogue, Morgan. Nays: Colburn, Reid. A supplemental application for premises to premises transfer, on -sale beer license by ELMER S. and LOUISE F. SLUSSER, DBA GALLOPIN INN, 2325-29 High- land Avenue (to include 2325 Highland in addition to 2329 Highland), was pre- sented. Moved by Hogue, seconded by Camacho, the application be filed. Roger Schei, 2232 I Avenue, was present and said he owned property around the corner from where they want to put in the bar; this would create a parking problem because the bar would seat up to fifty people and there was only parking for three cars in front of the place; there was no off street parking. Mr. Schei presented a petition requesting the City file a protest with the Department of Alcoholic Beverage Control to the issuance of the license at 2325 and 2329 Highland Avenue and said it was signed by thirty property owners in the immediate area. Councilman Colburn inquired if Mr. Schei knew he had the right to protest to the Department of Alcoholic Beverage Control. Mr. Schei said he had already done so. Councilman Colburn inquired if the parking would have bearing on the approval of the business license. Director of Planning Stockman stated they require one parking space for each 1,000 square feet of building. Councilman Reid inquired if Mx. Schei was in busi- ness the second door from this one. Mr. Schei said he was four doors down. Vice Mayor Hogue inquired if Mr. Schei protested the accordian school going in. Mr. Schei said he did not. The Vice Mayor inquired if he would protest any other type of business going in that building that required as much park- ing. Mr. Schei said he would. Councilman Colburn stated he felt parking was a problem which would occur if a restaurant went in, even without beer; the Department of Alcoholic Beverage Control would be the one to be concerned with the neighborhood protest. Mr. Schei said there was a school and a church within 500' which was against state law. Mayor Morgan said it was time Council set more rigid controls on parking; he did not think the Department of Beverage Control had any interest in the City except to put the liquor licenses in; several locations in town would look like National Avenue in a little while when they let these establishments bunch up; they should set these places 200-1,000 feet apart. Motion to file the application carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: Morgan. CITY MANAGER OSBURN stated they were working on Assessment District 150 (Granger, 20th Street, etc.); there are five rights of way to be acquired and fifteen embankment easements; permission was requested, if negotiations failed, for authority to condemn these properties so the contract would not be held up. Moved by Hogue, seconded by Camacho, the City Manager's recommen- dation be vproved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a communication from the Pop Warner Football League; normally there was a tournament held in El Cajon about this time each year; El Cajon dropped the tournament and the National City group would like to take it on; there is a $500.00 expense involved and they would like the City to make a contribution toward the expenses; he recommended the City provide $300.00 to hold the games in National City, Moved by Camacho, seconded by Hogue, the Ciy Manager's recommendation be approved. Carried by unanimous vote. 11/12/68 177 CITY CLERK MINOGUE reported receipt of a communication from the Assistant Secretary, California Highway Commission, stating the Department of Public Works and the Division of Highways with concurrence of the Highway Commission recommended to Federal authorities that Routes 103 and 395 from San Diego to San Bernardino be added to the national System. CITY CLERK MINOGUE reported receipt of the San Diego County Financial State- ment for the fiscal year ended June 30, 1968. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommendation to approve Zone Variance 2-57 to reduce required setback on all fence install- ations and landscaped areas bordering a dedicated street and abutting resi- dential property to the east to 0' setback subject to seven conditions on property between A Avenue and B Avenue and 22nd Street and 24th Street. Moved by Hogue, seconded by Camacho, the Planning Commission's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion (after public hearing) the closing of L Avenue into the South Bay Plaza Shopping Center be denied, N Avenue be opened and the dangerous traffic con- dition be referred back to the Traffic Safety Committee for further consid- eration on the installation of a stop sign on all cars traveling south from the private driveway of the South Bay Plaza with the private drive and street to 16th Street striped with a double line or the barricading of L Avenue at its intersection with the private driveway, or any other means the Traffic Safety Committee feels would solve the problem. Moved by Hogue, seconded by Colburn, the Planning Commission's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion the application for deferral of installation of sidewalks at 2723 E. 14th Street be approved subject to three conditions. Moved by Hogue, second- ed by Colburn, the Planning Commission's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented her recommendation application for zone change C-48 requesting zone reclassification from R-2, Two Family Resi- dence Zone, to R-4, Multiple Family Residence Zone, in the area between 4th and 8th Streets and between T and V Avenues be set for public hearing Decem- ber loth before the City Council and the Planning Commission's recommendation be 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 herr recommendation application for zone change Z-58 reducing the rear yard setback to 18' to permit addition of a bedroom and bath at 2616 E. 14th Street be placed on the Agenda December 3rd for final decision, was presented. Moved by Colburn, seconded by Hogue, the City Planner's recommendation be approved. Carried by unanimous vote. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unani- mous vote. The meeting closed at 8:32 p.m. ATTEST: CITY CLERK MAYOR, CNAL CITY, CALIFORNIA 11/12/68