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HomeMy WebLinkAbout1967 02-14 CC MIN155 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 14, 1967 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. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Linn, McLean, Minogue, Associate Civil Engineer Newberry, Osburn, Stockman. CITY CLERK MINOGUE stated the "resolution" to amend City Code 2373 on the Agenda was an ordinance and should have been listed under "Introduction of OrdinancesP"and suggested the Agenda be changed. Moved by Colburn, seconded by Reid, the City Clerk's suggestion be approved. Carried by unanimous vote. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Father Joseph Rossell, St. Anthony's Catholic Church. Moved by Hogue, seconded by Harris, the minutes of the regular meeting of February 7, 1967 be approved. Carried by unanimous vote. RESOLUTION NO. 9305, "RESOLUTION DECLARING THAT THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FINDS THAT THE BUILDING, HOUSING, PLUMBING, HEATING AND COMFORT COOLING, AND ELECTRICAL CODES AS A WHOLE PRESCRIBE MINIMUM STANDARDS EQUAL TO OR GREATER THAN THOSE PRESCRIBED BY THE STATE HOUSING LAW AND BY TITLE 8 OF THE CALIFORNIA ADMINISTRATIVE CODE," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTIONN NO. 9306, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (John and Helen Fekete)," was presented. Moved by Colburn, 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 Colburn, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9307, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Alley between Highland Avenue and the Alley in Victoria Heights)," was presented. Moved by Colburn, 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 Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9308, "RESOLUTION RETAINING LRE1)S, HILL AND JEWETT, INC. AS CONSULTING ENGINEERS," 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. RESOLUTION NO. 9309, "RESOLUTION RETAINING O*MELVENY & MYERS AS SPECIAL COUNSEL," was presented. Moved by Colburn, seconded by Harris, the reading of the resolution be waived and it be adopted by readin 2 of the title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9310, "A RESOLUTIONN APPROVING THE ANNEXATION OF CERTAIN UNIN- HABITED TERRITORY DESIGNATED 'DERR ANNEXATION* TO THE CITY OF NATIONAL CITY 2/14/67 156 (CALIFORNIA GOVERNMENT CODE SECTION 35310.1)," was presented. Moved by Hogue, 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. •ORDINANCE NO. ,.."An Ordinance Amending Section 2373 of Chapter 23 of the National City Municipal Code," was presented for the first .reading. Moved by Hogue, seconded by Harris, the first reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. ORDINANCE NO. 1155, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, DECLARING DRY WEEDS, DEAD SHRUBS AND DEAD TREES, AND CERTAIN WASTE MATTER TO BE A PUBLIC NUISANCE, AND PROVIDING FOR THE ABATEMENT AND REMOVAL THEREOF," was presented for the second reading.. Moved by Harris, seconded by Reid, the readin of the. Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Hogue, the Ordinance be adopted. Carried by unanimous vote., ORDINANCE NO. 1156,. "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE'1036 OF SAID CITY RELATING TO CONDUCT OF SWAP MEETS," was presented for the second reading.. Moved by Colburn, seconded by Harris, the reading of the Ordinance 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 Harris, the Ordinance be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN stated the City protested the issuance of a license to Harold F. Dodds by the Alcoholic Beverage Control Board for use at 614 National Avenue unless it was issued subject to three conditions (bona fide public eating place, no bar and no live entertainment); he received notice the license was issued subject to the City's three conditions. VICE MAYOR COLBURN stated two to three years ago an agreement was executed with Mission Cable TV; the cable company was to pay the City 2% of their gross• income for the privilege of operating in National City; they have not complied with the agreement as they were prevented from expanding by the F.C.C. before they were operating in National City which automatically voided the contract. The Vice Mayor suggested it might be to the City's advantage if Mission Cable TV were notified the contract had been broken; and if the F.C.C. would allow them to continue, the Council could renew the contract with them or negotiate a contract with any other firm offering this service, possibly at a higher percentage than 2%. Moved by Colburn, seconded by Harris, the City Attorney be authorized to take the proper steps to inform Mission Cable TV the City feels the contract was broken and the City was no longer obligated under the contract. Councilman Harris asked if Mission Cable TV was the only such firm not allowed to operate here. Vice Mayor Colburn said the F.C.C.: named only Mission Cable TV; possibly no company could come into National City at this time; but it was possible some other company might be able to. Councilman Harris said it was an injustice that National City residents couldn't have cable TV as areas all around them had it. Councilman Hogue said through no fault of their own, Mission Cable TV had been unable to fulfill their contract; before the franchise was given to another firm, they should be offered first chance. Vice Mayor Colburn said when Mission Cable TV made the agreement with the City F.C.C. had not ordered them not to expand; the agreement provided a period of time in which they were to bring in service; after that period of time elapsed the F.C.C. made their ruling. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "RED CROSS MONTH" (March 1967). Moved by Harris, seconded by Colburn, the Proclamation be approved. Carried by unanimous vote. 2/14/67 157 CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "AMPHIBIOUS FORCE DAY" (February 20, 1967). Moved by Colburn, seconded by Reid, the Proclamation be approved. Carried by unanimous vote. MAYOR MORGAN said there will be a school district election in June on unifi- cation and suggested the City Attorney make a study and report on whether or not they could put the bond for adding a wing to the Library on the ballot at the same time. The Mayor said the Library collects $4500. - $5000. a year for fines(which was being put in a special fund)to help pay the cost of a new wing; the people should be given another opportunity to obtain the required two-thirds vote in favor of bonds for the new wing. Moved by Colburn, seconded by Harris, the Mayorts recommendation "to have the City Attorney make a study and report on whether or not they could put the bond for adding a wing to the Library on the June ballot be approved. Carried by unanimous. vote. MAYOR MORGAN stated there will be Committee meeting in Palm Springs; would like to'attend the meeting. the Mayor be authorized to attend Carried by unanimous .vote. a League of California Cities' Home Rule he was appointed to this Committee and Moved by Colburn, seconded by Hogue, the meeting on Home Rule in Palm Springs. COUNCILMAN REID stated March was designated "Red Cross Month;" and intro- duced Mrs. Lorna Harris, 8th Street Florists, the Fund Chairman. Councilman Reid introduced Neil Morley, General Headquarters, Red Cross. Mrs. Harris requested the Mayor to name March 1st as "Red Cross Day" for National City; the campaign kick-off would be February 27th; on that day Mr. Morley would be present in her shop and would take donations or see the contribution cards were filled out; anyone making a donation of $1.00, or more, would receive an orchid. MRS. DORIS L. MONTGOMERY, 3040 Baker Place, was present and protested the commercial zoning on land adjacent to her lots No. 542 and No. 543. Moved by Hogue, seconded by Colburn, the problem be referred to the City Manager and the Director of Planning for a report. Carried by unanimous vote. THE USE DISTRICT HEARING ON THE PROPOSED PRE -ZONING OF DERR ANNEXATION was held at this time. City Clerk Minogue stated she had the Certificate of Publication advertising the hearing and read a protest petition, dated January 17, 1967, signed by: Berniece Winter for Estell Partyman, 3035 F Avenue; Irma D. Towmsend, 3009 F Avenue; R. A. Zimmerman, 3038 F Avenue, Minnie Zimmerman, 540 East 30th Street; Opal E. Nelson, 3108 F Avenue; Lawrence Nelson, 3108 F Avenue, R. K. Howell, 3005 F Avenue, Arth C. Glover, 506 E. 30th Street; Mr. & Mrs. C. D. Childer, 3117 F Avenue; Mr. & Mrs. T. W. Stahl, by Elizabeth Stahl Hawkins, 3105 F Avenue; Elizabeth Hawkins, 3109 F Avenue; Clyde A. Hawkins, 3109 F Avenue; Frankie L. Sonullin, 3131 F Avenue; S. A. Sonullin, 3131 F Avenue; Cmr. & Mrs. Daniel Garcia, 3104 F Avenue; Tommie L. Miller, 3116 F Avenue; Mr. & Mrs. A. R. McMains, 3039 F Avenue; Clyde T. Stahl, 3143 F Avenue. Director of Planning Stockman pre- sented the Planning Commission's January 9th recommendation approving C-2-P-D, Limited Commercial Planned Development Zone. Mrs. Stockman read a correction to their recommendation as follows: "Lands within the Derr Annexation are presently vacant. County lands adjoining on the North and East are zoned R-2-A, 2 units on 6,000 sq. feet of lot area. Lands to the west are within the City of National City and zoned C-2 Limited Commercial and zoned M-2-A, Limited Light Manufacturing Zone." The Director of Planning said the petition read by the City Clerk represented eleven of the fourteen property owners within a radius of 300 feet of the boundary of the annexation and all were within County area; the petition represented 78.5% of the people within the County area protesting the request; no one within the limits of National City protested. Clyde Hawkins, 3109 F Avenue, was present and said everyone in the area that he contacted was against the zoning; the homes in the area were well -kept properties in the $20,000. - $30,000. class and the property owners were very much against having the Swap Meet in their back yards. Mr. 2/14/67 158 Hawkins asked it be zoned residential or if it was going to be a commercial area it be something of a quiet, decent nature, and something that looks good. Terry Derr, Manager, Sale City, 3200 D Avenue, was present and said the area in question was not to be used as a swap meet but as a parking lot for the swap meet; no entrance was contemplated on F Avenue for this parking lot; the only entrance would be at what was roughly D Avenue and 32nd Street. Mr. Derr said about 12,000 - 14,000 people come to the swap meet each weekend; everything bought and sold had sales tax paid on it, which meant revenue for National City; people coming to the swap meet also spend money with other National City businesses, Mr. Derr said they would not he able to attract such a large number of people without off-street parking; their present 5-acre parking lot will go to the State of California for a freeway; Clyde Hawkins stated the swap meet wasn't supposed to be at its present location; it was zoned originally as a trailer court; they have a great deal of parking area now even though it is not black -topped; people don't park there as they are afraid they would have to go back into the swap meet later and buy their hub caps back. Lawrence Nelson, 3108 F Avenue, was present and said when Mr. Derr bought this property from Dr. Howard, it was under the pretense he was going to build homes there; and when he bought the swap meet property, he said he was going to put a trailer court there. Mr. Nelson further stated Mr. Derr had told him by phone in December he intended to hold the property about 5 - 6 years and then build homes. Moved by Colburn, seconded by Harris, the hearing be closed and it he referred to the City Attorney for further processing. Director of Planning Stockman asked if the motion included the Planning Commission's recommenda- tion the area be zoned C-2-P-D, Limited Commercial Planned Development Zone. Moved by Colburn, seconded by Harris, the Planning Commission's recommenda- tion be included in the motion. Carried by unanimous vote. MICHAEL CLARKE, District Engineer, Shell Oil Company, was present and stated they have a problem in regard to the planter area in the parkway between the two driveways on their property at 13th Street and Cleveland. Mr. Clarke said several months ago the Council waived the requirement of a 4' planter inside the property line providing they put a 5' planter, outside the property line; this caused two problems: its size would prohibit ingress and egress and was in direct conflict with City ordinance which states that the side- walk must be two feet from the property line. Mr. Clarke stated there were two solutions: (1) to waive the 2/ sidewalk property line requirement and allow them to shorten the planter somewhat, or (2) to eliminate the planter entirely. Mr. Clarke said if the Council chose to eliminate the planter entirely, they would put in tree wells and plant parkway trees, which might be beneficial. Vice Mayor Colburn asked the Director of Planning for her recommendation on the proposals. Director of Planning Stockman stated they (Chairman of the Planning Commission, Mr. Newberry and members of his staff, Director of Building and Housing Biggs, and herself) were not opposed to the installation of the 5' planter box; the question was whether or not the City Attorney felt it could be done legally and if anything could come back on the City if anyone were harmed because the planter was in the driveway. Mayor Morgan said if they put in the planter box, and if 13th Street was widened to a 60' travelway, it would have to come out at that time, Director of Planning Stockman said it was the City Engineer's and her recommendation that they waive the planter box entirely and he work out the planting of sane trees. Moved by Harris, seconded by Reid, the recommendation of the Director of Planning and City Engineer be approved. Carried by unanimous vote. A COST ANALYSIS OK ODERTIPXCAIICN CARDS prepared by Administrative Assistant Linn was presented. Moved by Hogue, seconded by Harris, the report be accepted and filed. Carried by unanimous vote. A communication from CITY ENGINEER FOSTER recommending reimbursement to owners of property (Norman D. and Marjory T. Stage, 1824 La Siesta Way) erroneously included within Assessment District No. 141 (Lanoitan Avenue, 18th Street to 24th Street). Moved by Colburn, seconded by Reid, it be 2/14/67 159 referred to the City Attorney for an approval by his office. Carried by unanimous vote. The proposal of LEEDS, HILL, and JEWETT, INC. in regard to the Joint Powers Agreement for the acquisition of the water system, was presented. No action was taken. The Minutes of the TRAFFIC SAFETY COMMITTEE meeting of February 8th were presented. Moved by Harris, seconded by Colburn, the minutes be filed. Mayor Morgan stated there should be a policy of 15-minute parking for drug stores in the downtown area; sick people going to the drug stores have to park a block or more away; the situation in this business was different from most businesses. Carried by unanimous vote. The request of the TRAFFIC SAFETY COMMITTEE for permission to meet in the Council Chambers and for a map of the City, was presented. Moved by Hogue, seconded by Harris, the requests be granted. Carried by unanimous vote. VICE MAYOR COLBURN stated he agreed with the Mayor in regard to the request for 15-minute parking space for the drugstore and asked if the request indicated which spaces were requested. The Mayor replied he understood it was on the side street; he would check into this and put it on the Agenda next week. Moved by Hogue, seconded by Colburn, the Mayor check into which spaces were requested for the 15-minute parking and report the following week. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to the appointment of a committee to meet with the South Bay Irrigation District's Committee on the proposed purchase of the water company, was presented. Mayor Morgan stated he and Councilman Hogue were on this Committee and had been active. Moved by Reid, seconded by Colburn, the same Committee remain active. Carried by unanimous vote. CITY CLERK MINOGUE read a letter from Assemblyman John Stull, 80th District, acknowledging receipt of Resolution No. 9278 regarding the location of the new state mental correctional facility on Otay Mesa and stating he was giving it consideration. COUNCILMAN HOGUE requested a study of other city►s council meetings to determine if there were basic rules on "Oral Communications:" the number of times a person may address the Council and the length of time they may speak; he would not keep anyone from speaking but there were instances where there should be some control. Mayor Morgan asked the City Manager to report. Moved by Colburn, seconded by Harris, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:37 p.m. ATTEST: /?c CITY CLERK MAYOR, CITY N. CIONA CITY, CALIFORNIA 2/14/67