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HomeMy WebLinkAbout1968 04-02 CC MIN56 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 2, 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: Colburn, Harris, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS PRESENT: McLean, Minogue, Newberry, Osborn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osborn, followed with invocation by the Reverend Kent Douglas, First Methodist Church. Moved by Colburn, seconded by Reid, the Minutes of the regular meeting of March 26. 1968 be approved. Carried by unanimous vote. VICE MAYOR COLBURN inquired if the City Manager .had a report regarding the Civil Defense request for return of funds (EOC). City Attorney McLean stated the City Manager did not but it would be forthcoming. Vice Mayor Colburn inquired as to the status of the Paris Theatre. City Attorney McLean said it was unlicensed. Vice Mayor Colburn asked if the Paris Theatre would be allowed to operate without a license or would they be issued a license. City Attorney McLean said the Council had expressed some opinions to him, but he had waited to initiate action until he could confer with the City Manager who had been on vacation; he would confer with the City Manager and have opinion of the staff on the matter by the next meeting. Vice Mayor Colburn stated the letter from the Civil Defense where they requested the return of five thousand odd dollars, was brought about because of the way the Civil Defense Director was dismissed; also, it was a gross error to allow the Paris Theatre to operate after the Council had told them they couldn't unless they should be allowed to operate, in which case a license should be issued; and the pending Court action regarding Les Street Auto Wrecking was a shame because of the time being spent on it; all of this cculd have been taken care of in a more reasonable manner by working out negotiations with extensions. Vice Mayor Colburn stated in regard to the towing ordinance, it got off to a bad start and kept getting worse. Moved by Colburn, seconded by Hogue, the City Manager give a full report regarding the possible conflict of interest on the towing contracts that were let in this City between the Council members. if any, the Police Department and the Police Reserve officers and the towing companies themselves. Councilman Hogue inquired if there was to be a research to determine if anyone was involved. Vice Mayor Colburn said there was; he felt with the attitude and action of the Police and evidently the Chief of Police, Oho must have knowledge of his police officers and reserve officers) and Council members and the way the vote was taken and the issue handled, there was a conflict of interest. Carried by unanimous vote. COUNCILMAN REED requested the City Attorney proceed with an ordinance regard- ing obscenity on buildings and walls. City Attorney McLean asked if he meant an ordinance requiring the property owner of a building, fence, or some other objects that have some objectionable matter painted on it to paint it over. Councilman Reid said that was right. Councilman Hogue inquired what objectionable matter was. City Attorney McLean said he believe ! they could require language which the average person would admit was offensive, be painted over on buildings, etc. when it was not a part of some purposeful display or advertisement; if you get into an area where the owners are putting it up purposely, then you would have another preblem. COUNCILMAN HOGUE stated the moral values were being endangered; a lady brought him two books, purchased at the adult book store located on National. Avenue; "The Homosexual Relationship Between Adults and Adolescents, Men and Their Boys" and "Nature Boy." Councilman Hogue stated the Courts can' 4/2/68 257 decide what is or isn't obscene but to him this was obscene literature; he couldn't understand why the Council couldn't do something in this regard and he hoped they would continue putting pressure on the State Legislature, State courts, Governor or whoever it takes to control this type of litera- ture; he couldn't see the importance of allowing a business of this nature in our town; if they were not able to control this, they should enact a program so that they be able to replan National Avenue and allow businesses to come in that they felt contributed something to the community. Vice Mayor Colburn asked if the City Attorney was not prepared to answer this week regarding the Paris Theatre, would the same attitude of the Paris Theatre prevail on this bookstore; he had never been in the Paris Theatre but presumed from other people's comments the worst things about it were the suggestive names and the pictures on the marquee; he had never been in this bookstore, but from what Councilman Hogue brought out, this was worse than the Paris Theatre; the same action could prevail on the bookstore as on the Paris Theatre. Councilman Hogue stated they could take the initiative to stop this sort of thing and let the courts come out and tell then they have to allow this in their city even if they have to go to the point of putting a policeman in front of the door and lock it, then let them come and say we have to allow the doors to be opened up and the people subjected to this type of literature, movies, etc. MAYOR MORGAN stated he and Councilman Hogue were on the committee to buy the water and they had talked about giving the South Bay Water District twenty years in the well at 70-30; he would like the Council to consider working on the contract National city would go along with this as long as they pay their bonds; it might hamper the selling of the bonds if they don't extend it for 20 - 35 years; they could consider giving the South Bay Irrigation District something for the length of the bonds and then they would be through; when the bonds were paid all of them would be better off; water rates would go down; if they've dug wells, they can keep them. Mayor Morgan stated if there was no objection, he would have the City Manager put it on the Agenda next week when they could discuss it. Vice Mayor Colburn requested this be put down on paper so they would have a chance to review it. MAYOR MORGAN announced Mr. Ben Records (Commercial Manager, National City office of the Pacific Telephone Co.) was being transferred. The Mayor expressed his regret. Tim Hinchel, the new manager, was present and was recognized. MAYOR MORGAN presented a "Certificate of Appreciation to Bill and Rubia Miller" to Mrs. Rubia Miller who was present. MAYOR MORGAN presented to Councilman Harris a plaque in recognition of his service to the City of National City as councilman. Councilman Harris expressed appreciation for the plaque and stated he wished his health would have permitted him to run for reelection. The USE DISTRICT HEARING ON THE PROPOSED ZONE CHANGE TO ESTABLISH FLOOD PLAIN ZONING ON ALL THAT PROPERTY WITHIN THE CITY OF NATIONAL CITY, WITHIN SWEET - WATER VALLEY SOUTH OF 3OTH STREET was held at this time. City Clerk Minogue stated the Certificate of Publication of the Notice of Hearing was on file in her office; a written protest from Leonard E. Teyssier, President, Atomic Investments, Inc., was received and is on file. Director of Planning Stockman presented the Planning Commission recommendation: The R-1 F-2, C-2-P-D F-2, C-2 F-2, C-2-A.F-2, M-2 F-2, and M-2-A F-2, Flood Plain Restric- tive Zone, and the C-2-A F-1, M-2-A F-1, and M-2 F-s1, Designated Floodway Zones as shown on the Flood Plain Map presented to the Planning Commission from the San Diego County Department of Special District Services be accepted with the flood plain as drawn thereon, and with the zoning as 7ndicated thereon be accepted. Mayor Morgan stated the protest was quite long and if there were no objections, it would not be read. Councilman Hogue inquired if the flood level as mentioned in the protest had been raiser. s'snce they had talked about the area. Director of Planning Stockman said at no time in establishing the Flood Plain Zoning or in any of her discussion: 4/2/68 258 publicly had she indicated any contour lines; she believed the question was between this gentleman (Leonard E. Teyssier) and an Army Engineer Corps representative he might have talked to. Councilman Hogue said Mr. Teyssier was concerned that the zone change would depreciate the value of his land and inquired if when the river was channeled, this type of zoning would apply or was it just temporary zoning. Mrs. Stockman said it was her under- standing that with the development of the Sweetwater Flood Control Channel, it would take care of the flooding to a capacity and the zoning, as estab- lished without the designated floodway or restrictive zoning, could be removed and reconsidered. Councilman Hogue stated in other words, this was just a method the State had asked them to use to control development in this valley until they could get the river channeled. The Director of Planning said it was a State requirement, and by placing it into the Sweetwater River bed as they had done on it, it was also a matter of public health and welfare in protecting peoples lives. No one was present in this regard. Moved by Colburn, seconded by Harris, the hearing be closed, the recommendation of the Planner and the Planning Commission be approved and it be referred to the proper authorities for further processing. Carried by unanimous vote. MAYOR MORGAN stated there were people in the audience in regard to the Highland Avenue signs (located within the required 10' setback in violation of Ordinance No. 962) and recommended it be referred to the Planer and Planning Commission for study and recommendation. Councilman Hogue inquired if the Director of Planning would have an open meeting at which the people present at tonight's Council meeting could give the information they had planned on giving tonight. Director of Planning Stockman said that was what she would like to do. Moved by Hogue, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. Leslie Hansen, Maple, Cottage, 2704 Highland Avenue, was present and requested an immediate opinion from the Council because he had been directed to remove his signs within the next five days. Mayor Morgan said he was not in favor of elimi- nating the signs hanging out over the property at a height of 8' or more, but as fax as moving the signs back 10', he was not in favor of it as they would have to move every sign in town. Vice Mayor Colburn asked if the Council had the authority to vote to extend the time limit on the notice issued by the Planning Department or could the extension be given by the Planning Department. City Attorney McLean stated if Council was going to refer the matter to the Planning Commission for a thorough study, he was certain the Planning Department or Planning Commission would honor their request by not filing any criminal complaints until the matter was resolved. Moved by Hogue, seconded by Harris, the time limit for correcting the viola- tions of signs be extended until after the Planning Commission hearing and a recommendation be received from them. Carried by unanimous vote. MARY CHAMBERS, 1334 Carol Place, was present with a group es representatives of Sweetwater High School and spoke in favor of the bond issue for the Library. Mayor Morgan expressed appreciation of the sttdents'. presence at Council meeting. Moved by Harris, seconded by Hogue, the readigg of the three following resolutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. RESOLUTION NO. 9570, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 21ST STREET BETWEEN C .EVELAND AVENUE AND McKINLEY AVENUE." Moved by Colburn, seconded by Harris, the Resolution be adopted. City Manager Osburn stated the area was across the street from Reliance Steel (the first block on the other side of the Freeway) and runs between the old brick building recently demolished and the new building National City Van and Storage erected. Councilman Hogue inquired the purpose for closing the street. ity Manager Osburn said the street was only 11/2 blocks long; the Freeway blocks it on one end and the Reliance Steel building blocks it a block and a half on the other side; there's nothing facing the street; it's a side street; there are no residences facing 21st Street; there are possibly five 4/2/68 259 property owners involved in the two blocks. Councilman Hogue inquired if a survey had been taken of the people in that area and if so, did they feel this street was not necessary to them. Director of Planning Stockman said a survey was taken by the staff relative to the property owners on both sides; however, what they were voting on tonight was just to set the public hearing at which time the property owners in that area would be notified to appear. City Attorney McLean stated the resolution called fcr a public hearing on April 23, 1968 at 8:00 p.m. in the Council Chambers on whether or not the street should be closed. Ernest Azhocar, 1615 Lanoitan Avenue, was present and said he owned property next to the corner at 21st and McKinley which had been in his family for over 20 years; his plans have been to save enough money to start his own business there and he has achieved that now; and has bids on a building to be erected on that site July 1st; he did not see why he should have to go north one block, southwest one-half a block and south another block to be able to get back to his property; with the closure, the Fire Department would not have access to any building there nor any other vehicles in case of an emergency. Mr. Azhocar said he would like to know how you find out about these things when they are brought up before the Planning Commission. Mayor Morgan inquired if Mr. Azhocar was on the list to receive notice regarding the closure. Director of Planning Stockman said Mr. Azhocar was within the area and would be notified. Carried by unanimous vote. RESOLUTION NO. 9571, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Variance in Rear Yard Setback Requirements, William C. and Ianthia J. Payne, 2512 Melrose Street)." Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9572, "RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR SERRA REGIONAL LIBRARY SYSTEM." Moved by Reid, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9573, "RESOLUTION AUTHORIZING INCLUSION AND PARTICIPATION IN A PLANNING STUDY FOR THE IMPROVEMENT AND EXTENSION OF LIBRARY SERVICE IN COOPERATION WITH THE SERRA REGIONAL LIBRARY SYSTEM," was presented. Moved by Harris, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RFoiuIiTION NO. 9574, "RESOLUTION AUTHORIZING THE EXECUTION OF A BENEFICIARY'S DEMAND AND ORDER FOR RECONVEYANCE (Dale Building Company)," was presented. Moved by Colburn, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9575, "RESOLUTION AUTHORIZING THE RECONVEYANCE OF A PROMISSORY NOTE AND TRUST DEED (San Diego Exports)," was presented. Moved by Hogue, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. 1193, "AN ORDINANCE ESTABLISHING PROCEDURE FOR THE MOVING OF BUILDINGS AND FIXING FEES FOR SECURING PERMITS TO MOVE BUILDINGS, AND AMEND, ING ORDINANCE NO. 1108," was presented for the second reading. Moved by Eogue, seconded by Harris, the reading of the ordinance be waived and it be dopted by reading of the title only. Carried by unanimous vote. The title „as read. Moved by Harris, seconded by Hogue, the Ordinance be adopted. Vice Mayor Colburn stated the report he asked for states it was possible to allow industrial type buildings to be moved into town with certain stipula- tions and specifications, etc. but that it was staff's opinion, in view of the stand taken by the Planning Commission and the City Council, to upgrad 4/2/68 260 the development requirements within the City of National City, any change in the present ordinance would weaken this stand and permit developments that might not come up to established standards. The Vice Mayor said he challenyi that because he did not think that was a fact but that the opposite was fact; the stand taken by the City Council and Planning Commission to upgrade does not mean they could not use good judgment and encourage business to locate in National City; if they could move a building within the City limits, they could certainly move one from another city to ours so long as they could control its structure, etc. Moved by Colburn, the Ordinance be amended to include the moving (with certain stipulations) of buildings into the City of National City. Motion to amend died for lack of second. Councilman Hogue stated they could have a research made and the results brought to them showing how they might allow certain types of buildings moved into the City. Motion carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $13,691.37 Traffic Safety 9,935.65 Capital Outlay 100.32 Park Fund 787.44 Retirement 189.00 Trust & Agency 75.00 Special Street 2,396.95 Drainage 12, 846.07 Sewer 3,222.49 Civic Center 695.22 T O T A L S43.939.51 Moved by Hogue, seconded by Harris, the bills be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN announced the payroll was not ready for presentation. CITY ATTORNEY McLEAN asked what the motion was on the ordinance presented for second reading ("An Ordinance Establishing Procedure for the Moving of Buildings and Fixing Fees for Securing Permits to Move Buildings, and Amen& ing Ordinance No. 1108"), City Clerk Minogue stated there were two motions: to read by title only and to adopt. The report of the CITY ATTORNEY, the DIRECTOR OF BUILDING & HOUSING and the DIRECTOR OF PLANNING in regard to moving of buildings into the City, was ordered filed by unanimous vote. The request of the BARRETT VALLEY SCHOOL to solicit in the City and the report of Assistant to the City Manager Linn, were presented. Moved by Hogue, seconded by Colburn, the request be denied. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: Harris, Morgan. The request of the AMERICAN OIL COMPANY for two 35' driveways at the south- east corner of Palm Avenue and Plaza Boulevard (approved by the City Enginee and Director of Planning), was presented. Moved by Colburn, seconded by Harris, the request be approved. Councilman Reid inquired if the request was for two 35' driveways to be located on both Plaza and Palm, a total of four driveways. Civil Engineer Associate Newberry said that was correct. Councilman Hogue inquired if Councilman Harris had arrived at the conclusion chat the placement of the filling station was not detrimental to the area in which it will be located. Councilman Harris said it was his opinion They hadn't done anything and were given this permit and there was not much they could do about it. Councilman Reid inquired if Civil Engineer Associal Newberry saw any hazard in regard to the driveways. Mr. Newberry said it wasn't as bad as the Texaco (later changed to Shell Station) station north of 8th Street which has the almost identical pattern; almost all service 4/2/68 261 stations are laid out this way. Motion carried by unanimous vote. The report of the OPENING OF SEALED BIDS for a one-half ton pickup truck for the Building Department and the recommendation of Assistant to the City Manager Linn it be awarded to the low bidder, Colonial Ford ($2,221.00), were presented. City Clerk Minogue stated the Certificate of Publication and the Affidavit of Posting the Notice to Bidders were on file. City Manager Osburn recommended awarding of the contract to Colonial Ford. Moved by Colburn, seconded by Harris, the recommendation of the City Manager be approved. Carried by unanimous vote. An application for an on -sale beer license by PRANCES M. and RAYMOND KENNY, 2956 Grove Street, original application, and the Police Chief's recommenda- tion the application be protested, were presented. Moved by Hogue, seconded by Harris, the Police Chief's recommendation be approved. Carried by unanimous vote. A person to person transfer application for off -sale beer and wine license by GARTH R. and MARCILE L. BRUNSON and the SOUTHL.AND CORPORATION (multiple list), DBA SPEEDEE 7-11 NO. 20, 824 Palm Avenue (adding a partner), was presented. Moved by Hogue, seconded by Harris, the application be filed. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. A person to person transfer application for off -sale beer and wine license by the SOUTHLAND CORPORATION (multiple list), DBA SPEEDEE MART NO. 11, 702 Highland Avenue, was presented. Moved by Harris, seconded by Hogue, the application be filed. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. A copy of a communication from CHAIRMAN OF THE BOARD OF SUPERVISORS, HENRY A. BONEY, to Congressman Van Deerlin in regard to the Sweetwater River Flood Control Project and stating concern over "normal" process which might mean an additional four million dollar burden on taxpayers or possible loss of the project, was presented. Ordered filed by unanimous vote. A communication from ASSISTANT TO THE CITY MANAGER LINN stating receipt of a communication in regard to vacation of a portion of C Avenue from 18th to 21st Street and recommending the request be referred to the staff, was pre- sented. Moved by Colburn, seconded by Harris, John Linn's recommendation be approved. Carried by unanimous vote. A communication from ASSISTANT TO THE CITY MANAGER LINN filing items with the City Clerk (no Council action necessary): (1) Minutes of the Regular Meeting of the Board of Directors of the South Bay Irrigation District, dated March 5,. 1968; (2) Annual Report of Financial Transactions concerning Streets and Roads of Cities and Counties of California, Fiscal year 1966-67 from State Controller Houston I. Flournoy. CITY CLERK MINOGUE stated one item was not listed but was attached to the Agenda and should be acted upon as there may be a time. limit involved: A request by HAM BROS. CONSTRUCTION, INC. for a five day time limit extension on the Valle Vista Storm Drain contract and a communication from City Engineer Foster and Assistant to the City Manager Linn recommending the request for the five day time limit extension be approved. Moved by Colburn, seconded by Harris, the request be approved. Carried by unanimous vote. CITY MANAGER OSBURN stated the Council authorized the purchase of a solid state controller for the traffic lights at the intersection of 8th & Harbor Drive; we now have the solid state controller and request permission to go to bid to have it installed as soon as possible. Moved by Harris, secondeQ by Reid, the City Manager's request be approved. Councilman Hogue suggeste<: the Mayor of San Diego be contacted to see if he and the San Diego City Council could pay some attention to the upkeep of Harbor Drive; he noticee 4/2/68 262 that the center dividing fence was falling down and there were numerous bottles, beer cans, etc. there. Mayor Morgan said he would contact the Mayor of San Diego regarding this. Motion carried by unanimous vote. CITY MANAGER OSBURN said an item held over from the previous week refers to the widening and improvement of 30th Street; this is a joint project by the County of San Diego, City of Chula Vista and the City of National City; the County has asked us to speed up this project which will require over and above the $40,000.00 budgeted for this year (1967-68) an additional $50,000.00 during 1968-69; this will speed up the improvement of the intersection on Highland and 30th Street; the job will extend from "B" Avenue to "I" Avenue and will include the area around Edgemere and 30th Street intersection. The City Manager recommended he be authorized to tell the County that National City will participate in this accelerated project. Moved by Reid, seconded by Harris, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a notice from the County they would accept bids on Parcels 1, 2 and 3 in the vicinity of National Avenue and 30th Street; the minimum bid is $22,000.00 and must be with the County by April 15th; the two largest parcels are almost wholly in the sanitary fill area and Parcel 1 contains 39,900 square feet, Parcel 2 contains 24,120 square feet and Parcel 3 contains 11,600 square feet; this area was filled by the County and he knew of no public use for this property at this time. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from the County Supervisors stating there will be a meeting in the County Health Center, 1600 Pacific Highway, April 8th, 2:00 p.m. in relation to the Office of Economic Opportun- ity Amendment of 1967; we did send a letter to the 0.E.A. that National City would have interest in the program; the letter was in relation to the County asking us whether or not we want them to take over or just what operation would be best for the County; they recommended elected and administrative people be present if they could. Mayor Morgan stated he and the City Manager would be present; they will make no decision but will bring it back to Council. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of the State of California PUBLIC EMPLOYEES' RETIREMENT LAW, dated January 1968, which was on file in her office. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion to approve the tentative map of the 0. D. Arnold Hills Subdivision subject to twenty-nine conditions. The Director of Planning said the sub- divider has not disagreed to any of the conditions other than possibly the one requiring him to conceal or underground his antennas and cables; the Planning Commission said at their hearing they would reconsider this conditic if he could show them it was not economically feasible. Moved by Colburn, the tentative map of the 0. D. Arnold Hills Subdivision be denied. (Motion died for lack of second.) Moved by Hogue, seconded by Harris, the tentative map of the O. D. Arnold Hills Subdivision be approved and referred to the proper people subject to the conditions of the Planning Commission report. Councilman Reid stated he did not like the 25' frontages but possibly that was all they could do considering the terrain. Councilman Harris stated he noticed on the corner of the cul-de-sac there was a long ledge of a lot, 25' frontage which goes back 50' or 60' which makes a banjo out of the lot and inquired i.f this was level. Civil Engineer Associate Newberry said that particular spot was pretty level; their problem in preparing the ground was fill; he believed their cut and fill would balance; as you get back to the back of the subdivision (on the south edge) it drops off quite suddenly and resembles the subdivision next door. Councilman Harris said there was one lot that had a neck on it, a very narrow portion that goes back about 90' before it widens out and inquired if there would be a ninety foot driveway. Mr. Newberry said what concerned them, was there were three or four lots there that would practically all be driveways and there would be no public 4/2/68 263 parking; the Planning Commission went along with their recommendation they be required to furnish more off street parking places than normally required; the long neck, however, was just a way of getting back to what is usually wasted space. Director of Planning Stockman said.a condition recommended by the Planning Commission was that lot remain open and unobstructed the full ninety feet back to that area and a 15' setback be obtained; that would be just a long driveway into that lot; he couldn't build in that and prevent emergency equipment to get into the back of Lot 14. Vice Mayor Colburn said the Council had taken a stand on upgrading National City by doing away with various things; here they had an opportunity to upgrade the R-1 Zone but are going to approve a ridiculous tentative map; he did not know how a subdivider could come in and tell them they had to put in a cul-de-sac with 25' frontage lots and all the other ridiculous things when they could show him what they would accept as street patterns and let him build accordingly; he might be able to build a few less homes but he could charge more and come out with the same money; he charged this plan would create a street and traffic problem. Councilman Harris objected to the lack of room for parking cars in front of the houses on the cul-de-sac; perhaps they could allow for enough room to park a couple cars in the driveways in addition to those in the garages. Mr. Newberry said he believed that was a recommendation of the Planning Commission that these narrow lots be required to have two or three off street parking places. Director of Planning Stockman said all of the lots have to have two car garages. Mr. Newberry said they also stipulate they have to set their garages back fax enough to allow a car to park in front of the garage. Director of Planning Stockman said in other words,. they cannot set their garage up to the 15' but must set it back to 20' to permit a car to park there temporarily; their residence could come to within ten feet; the only other condition she could see putting on there was that they do maintain on one side of the structure a 10' access to the rear of the lot which would provide that they could go back there if they wanted to. Motion carried by the following vote, to -wit: Ayes: Harris, Hogue, Morgan. Nays: Colburn. Abstaining: Reid. DIRECTOR OF PLANNING STOCKMAN recommended the Planning Commission recommen- dation regarding the closing of 21st Street between McKinley and Cleveland Avenue be accepted and taken under consideration at the time of the public hearing; in talking to the City Clerkthere was a little concern over the time set for the public hearing; she doubted whether there was time enough for the two legal notices to be published which she thinks is necessary and would like to have the date of the public hearing set up for May 7th. Moved by Colburn, seconded by Harris, the City Planner's recommendation be approved, City Attorney McLean stated there would have to be a motion to amend the resolution since another date had been stated in the resolution adopted earlier by the Council. Moved by Colburn the resolution that was made earlier be amended to change the date of the hearing. Mayor Morgan asked if they could have the vote read on the motion that was on the floor; he then stated the motion was out of order and instructed the Vice Mayor to proceed with his motion. Moved by Colburn, seconded by Hogue, they accept the City Planner's recommendation to file this communication and to change the date on the resolution to read May 7th. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented a schedule of beautification activities for the fiscal year 1968-69 prepared by staff, approved by the Park & Recreation Advisory Board and approved by the Planning Commission as to conformance with the General Plan. The Director of Planning asked for Council's consideration of approval of this program and to give her guidance and policy for proceeding with the application in working with the Federal Government in this matter. Moved by Colburn, seconded by Hogue, the report be accepted and approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated in listening to the radio she heard that Supervisor Boney met with Congressman Van Deerlin and Senator Kuchel i. Washington, D, C. and received an indication the Omnibus Bill including the Sweetwater Flood Control Channel would be before the Senate in June; he did not receive a good reply that after Senate approval of the Omnibus Bill 4/2/68. 264 we could then get a Senate initiated bill appropriating the money necessary for the installation of the channel and to begin the work on it. The Director of Planning inquired if this could be referred to the City Manager to contact Supervisor Boney for further information and to work with the Flood Control Supervisor of the County as she felt they would be losing a considerable amount of money if they did not get this money appropriated to start acquisition of the property; there is a possibility this could be worked out on a State level. Moved by Hogue, seconded by Reid, the City Manager continue to look into this problem and keep the Council informed. Carried by unanimous vote. COUNCILMAN REID stated law enforcement was a serious problem in this City; we have the most wonderful Police Department in this southern California; if they should be investigated, me, you, the rest of this Council, we should authorize City Manager Osburn to call in anybody; if he needs the Grand Jury, he needs the District Attorney or if he needs a private staff, we should authorize it tonight. Mayor Morgan inquired if that was a motion. Councilman Reid said it was. Seconded by Colburn. Carried by unanimous vote. COUNCILMAN HOGUE stated they had been faced with "conflict of interest" for the last two weeks; one thing they could do would be to have the City Attorney draw up a Code of Ethics to be given to each of them so they'll understand better... Councilman Reid stated if Councilman Hogue would put that in the form of a motion he would second it. Councilman Hogue stated he would put that in a motion that the City Attorney distribute to each of them a Code of Ethics so they would then know what they could and could not do; he didn't think they really needed it but they were getting so involved now; he felt so far they were all very sincere but it would be nice to have some kind of Code that they could look at and judge themselves as to whether they should abstain or vote; he was not criticizing anyone on the Council. Vice Mayor Colburn said he heard at one time a City Attorney made a rule that no council member could be a member of the Chamber of Commerce; at one time they had a City Attorney that made a ruling that no member of the City Council could be in the Police Reserves; he hoped in the Code of Ethics, he would include or clarify those and any other items he could come up with. Mayor Morgan said that was that no council member could be on the Board of Directors of the Chamber of Commerce. Moved by Harris, seconded by Reid, the meeting be closed. Mayor Morgan said there was a motion on the floor. The Mayor said he would vote for the City Attorney to look into the request, although he was not sure he would vote for it because he felt the Grand Jury was his Code of Ethics. Carried by unanimous vote. Moved by Harris, seconded by Reid, the meeting be closed. Councilman Hogue said he wished Jerry (Councilman Harris) a nice vacation and enjoyed serving with him on the Council. City Clerk Minogue stated the next City Council meeting would be April 16th. Carried by unanimous vote. The meeting closed at 9:20 p.m. ATTE; / CITY CLERK (/ MAYOR, CITY OF J(ATIONAL CITY, CALIFORNIA 4/2/68