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HomeMy WebLinkAbout1967 03-07 CC MIN173 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 7, 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: Foster, Linn, McLean, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Reverend Wade McKinley, Highland Avenue Baptist Church. RESOLUTION NO. 9315, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (Caren Chase)," was read. Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Dr. John Otis, Vice Chairman, South Bay YMCA Board of Managers, was present and read the letter of nomination outlining Carents work as a counselor at day camp and her participation in preparing and submitting proposed legislation to the State Legislature. The award was presented by Mayor Morgan and Caren Chase introduced her parents. MAYOR MORGAN presented a service pin to Patrolman Kenneth Bradt in apprecia- tion for twenty-five years with the National City Police Department. Moved by Reid, seconded by Harris, the minutes of the regular meeting of February 28, 1967 be approved. Carried by unanimous vote. RESOLUTION NO. (Kelco Company by Harris, reading of the Moved by Reid, unanimous vote 9316, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY and Jack C. Free)," was presented. Moved by Hogue, seconded the reading of the resolution be waived and it be adopted by title only. Carried by unanimous vote. The title was read. seconded by Harris, the Resolution be adopted. Carried by RESOLUTION NO. 9317, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION QUIT- CLAIM DEED (Jack C. Free)," 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 Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9318, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (12th Street)," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9319, "RESOLUTION ABANDONING PROPOSED IMPROVEMENT PROJECT (17th Street from "J" to "L", Assessment District No. 152)," 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 Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9320, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRE THE .CONSTRUCTION, OPERATION AND MAINTENANCE OF PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY CP SAN DIEGO, STATE OF CALIFORNIA; AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND 3/7/67 174 THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE; AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (30th Street Extension)," 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 Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9321, "RESOLUTION AUTHORIZING SECURITY DEPOSITS IN CONDEMNATION (30th Street Extension)," 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. RESOLUTION NO. 9322, 'R2ESOLUTION OPPOSING presented. Moved by Colburn, seconded by be waived and it be adopted by reading of vote. The title was read. Moved by Reid, be adopted. Carried by unanimous vote. EXTENSION OF THE BROWN ACT," was Harris, the reading of the resolution the title only. Carried by unanimous seconded by Hogue, the Resolution RESOLUTION NO. 9323, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH KELCO COMPANY," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. 1159, "AN ORDINANCE AMENDING ORDINANCE 784 OF THE CITY OF NATIONAL CITY, CALIFORNIA, RELATING TO SEWER CONNECTION FEES," was presented for the second reading. Moved by Hogue, seconded by Colburn, 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 Harris, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN reported he communicated with Mission Cable TV, Inc. informing them of the Council's intentions to terminate their cable TV franchise; he received a letter from their Vice President requesting the Council schedule a hearing at the April llth meeting, at which time they would present their reasons why the franchise should not be revoked. Moved by Hogue, seconded by Harris, the hearing be approved. Vice Mayor Colburn stated the City of Chula Vista had approximately 3,176 cable TV subscribers at this time which represented revenue of $4,189.00 last year to Chula Vista; Chula Vista►s approximate population was 58,000 and National City's approximately 37,000; we would never receive a very large sum of money from the franchise. The Vice Mayor further stated if they could renegotiate the contract for more than 2% of the gross income it would not represent a tremendous amount of money; as Mission Cable TV appeared ready to fight the cancellation of their contract, they must have some grounds to stand on; they informed him if the contract was cancelled they would not renegotiate for any amount over the 2% they were presently paying to each city in the San Diego County area. Vice Mayor Colburn suggested Mission Cable TV be informed the hearing would not be necessary and the Council withdraw the letter of intention to terminate their franchise. Councilman Harris stated cancellation of the contract was not necessarily for money received from the 2% franchise; Mission Cable TV by- passed National City; he would like to hear whether or not they were going to be able to furnish the service to National City residents and was in favor of the hearing for this reason; if they could not operate in the City the con- tract should be terminated and contract negotiated with a company who could. Carried by unanimous vote. COUNCILMAN REID asked the City Manager to find out from the water company how much longer the street in the 200 block West 12th was going to stay in its present condition; from the telephone company about the hole on the corner of 3/7/67 175 Roosevelt and 12th. COUNCILMAN HARRIS stated the Council voted a study be made concerning a change of name for the Traffic safety Committee and inquired how the reports were coming along. City Manager Osburn stated most of the research was done; if it was not ready at the next Council meeting, it should be ready the following week. COUNCILMAN HOGUE stated his current water bill was the lowest he ever received and perhaps from now until the election on condemnation of the water company water rates would be reasonable. VICE MAYOR COLBURN requested an executive session in regard to the negotia- tion of the purchase of a piece of property; this would be something involv- ing litigation. The Mayor stated an executive session would be called at the completion of the Agenda. MAYOR MORGAN asked the City Attorney if it would be possible to add a wing to the Library on "lease -back" agreement. City Attorney McLean answered he would have to look into it; there was a possibility it could be done. MAYOR MORGAN stated on Highland Avenue at the Plaza (the driveway from Montgomery Ward over to the Plaza driveway) there is a traffic light which was synchronized with the light at loth Street and asked the City Manager to check on the cost of installing a trip plate in the driveway; there were times (particularly on Sundays) when traffic was stopped on Highland Avenue at the driveways and there were no cars crossing Highland Avenue. CITY CLERIC MINOGUE read the Mayor's proposed Proclamation of "DeMOLAY WEEK" (March 12 - 19). Moved by Hogue, seconded by Harris, the Proclamation be approved. Carried by unanimous vote. THE HEARING ON THE PROPOSED CLOSING OF PORTIONS OF THE OLIVEWOOD HOUSING AREA (RESOLUTION NO. 9302) was held at this time. City Clerk Minogue stated she had the City Engineer's Affidavit of Posting the Notice of Intention, the Certificate of Publication and the Clerk's Affidavit of Posting Notice of Intention and received no written protests. City Manager Osburn stated the streets and alleys were in the old Olivewood Housing area and concerned the twenty-eight acres in escrow now; the closing was to clear the record as some of the streets were never developed; they were dedicated long before the Federal Government took over the project. E. H. Alsdorf, 2105 J Avenue, inquired what streets were to be closed. City Attorney McLean stated the streets affected were 23rd Street and B Avenue adjacent to Blocks 2 and 3 of the Olivewood Subdivision and some unnamed alleys in Blocks 2 and 3 of that subdivision. City Manager Osburn said this would not close any streets that were not closed now. Mr. Alsdorf said he did not want any streets closed that were open before the Federal Government took over that land. B. J. Gautereaux, 2019 Highland Avenue, was present and inquired if in the contract with the Dale Corporation they were considered open streets and not counted as acreage. City Manager Osburn replied they were counted as acreage and a part of the sale for which the City would be paid. Moved by Colburn, seconded by Reid, the hearing be closed, the closing of the streets be approved and referred to the proper authorities far further processing. Carried by unanimous vote. RESOLUTION NO. 9324, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTIONS OF THE OLIVEWOOD HOUSING AREA," 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 Colburn, the Resolution be adopted. Carried by unanimous vote. THE HEARING ON THE PROPOSED CLOSING OF A PORTION OF 22ND STREET (RESOLUTION NO. 9303) was held at this time. City Clerk Minogue stated she had the City 3/7/67 176 Engineer's Affidavit of Posting Notice of Intention, the Certificate of Publication and the City Clerkts Affidavit of Posting Notice of Intention; no written protests were received. Councilman Harris inquired if this was in the general area of the other property. City Manager Osburn replied it was. No one was present in this regard. Moved by Hogue, seconded by Colburn, the hearing be closed, the closing approved, and referred to the City Attorney for further processing. Carried by unanimous vote. RESOLUTION NO. 9325, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTION OF TWENTY-SECOND STREET," 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. THE USE DISTRICT HEARING: ZONE CHANGE FROM R-2, TWO FAMILY RESIDENCE ZONE TO C-2-P-D, LIMITED COMMERCIAL PLANNED DEVELOPMENT ZONE REQUESTED BY HUMBLE OIL COMPANY (BETWEEN 11TH AND 12TH STREETS AND EUCLID AND PLAZA BOULEVARD) was held at this time. City Clerk Minogue stated she had the Affidavit of Posting and the Certificate of Publication and read a letter from Sherwood Morf of the Humble Oil Company in which he stated he would be unable to be present and requested continuance in the event there were protests. Director of Planning Stockman reported the recommendation of the Planning Commission was that a C-2-P-D zone change be granted. No one was present in this regard. Moved by Hogue, seconded by Harris, the hearing be closed and referred to the City Attorney for further processing. Carried by unanimous vote. MAX LERCHER, 806 National Avenue, an attorney representing business people in the immediate area (7th - 8th Street, National Avenue), was present and stated injury was being done to these people by the cab strike; there were demonstrations which caused the Navy to put the area off-limits to their personnel; the Navy business was the major part of their business and brought sales tax revenue to the City; there was also the matter of two hundred people employed in the area and if the demonstrations continue, the people would became insolvent. Mr. Lercher said they request the City Council to rescind temporarily theorder establishing cab zones in this immediate area to protect their businesses and employees; the cab company people were not on strike; it was a matter of the union coming in to organize and the union will leave the area later but the demonstrations will continue as long as the "strike" continues which could be a year or two. Mayor Morgan asked the City Attorney if the taxi stands could be eliminated in that neighborhood until the problem was settled. City Attorney McLean said one of the things to be considered was there was more than one cab company using the parking spaces in the downtown area; if cab parking was eliminated, it would work against all of them, not just the cab company involved in the dispute with the union. The City Attorney said if cab parking at 8th and National was eliminated for one company only, it would be unreasonable dis- crimination between that cab company and the other six or seven that weren't having a labor dispute; the first consideration would be whether or not the Council would want to eliminate cab facilities in the downtown area for all of the cab companies and whether or not the ordinance regulating the cab parking in the downtown area altogether would be valid; however, if the cab stands were eliminated it would not keep the cabs from pulling into regular parking places. The City Attorney continued, another question would be whether or not the Council could pass an ordinance saying the cabs could not park in the cab stands or in any parking space in the downtown area; it. appeared to be an unreasonable regulation. Councilman Hogue asked about suspending the cab companyts franchise privilege. The City Attorney said it could be done if there was a reason for doing it; the question would be if they had a good reason. Councilman Hogue asked what controls they had over demonstrating and the conduct of the demonstrators. The City Attorney said people who have labor disputes have a constitutional rightto picket, demon- strate and to state their grievances that is above any local law; the City has the power to make reasonable regulations; the Council had the right to 3/7/67 177 require that the pickets not block the public sidewalk, the power to prevent pickets from obstructing the public streets and preventing the orderly flow of traffic, the right to prevent the commission of violence, the right to prevent the use of vulgar or obscene language in the demonstrations, the right (within reasonable bounds) to restrict the demonstrations to certain hours of the day and night to prevent injury to the public peace and welfare; all of those rights were subordinate to freedom of speech. Councilman Hogue asked what about the rights of the people who have businesses on those streets. The City Attorney said they exercised one of their rights when they hired an attorney to go to Superior Court and get an injunction; there is a neutral person provided by the law to` determine whether or not the picketing and the demonstrating are unreasonable; if people who are not directly involved in the labor dispute, such as neighboring property owners, feel the labor organization by striking and demonstrating are unreasonably interfering with their right to conduct their business they can go to Superior Court and see if they can find a judge who would agree with them; if the Judge agreed with the property owners, he would issue an order called an Injunction which would spell out what the rules of the demonstration were and violation would be a crime known as "contempt of court;" any person affected by that violation could go to the Sheriff for enforcement of the court order. Mr. Lercher said this was true but all of the remedies pro- vided by Injunction wouldn't help them in this particular case because tomorrow night there would be another demonstration (although there probably would be no violence as there would be a hundred policemen there) and there would be a threat of pending violence and the Navy would consequently put their personnel off limits; this area depends on Navy business. The Mayor asked how much cost would be involved to eliminate these cab stands until the strike was settled. The City Manager said it wouldn't amount to a great deal; they would first have to see if they were set up by ordinance or resolution, cancel the ordinance or resolution, go about the procedure of taking down the cab signs and making regular parking stalls; he would like to check into this more thoroughly before Council took action. Councilman Reid said they had taken $50.00 from the cab companies in good faith and he could not go along with that. Councilman Harris said they hated to see the Navy declare the area off bounds, but the minute the Council stepped in and told the cab companies they were going to penalize them because of the strike they would be more or less going along with the pickets and helping them get what they wanted; this may be more of a police problem than they had thought. Mr. Lercher said they could relocate the cab stands by putting four different cab zones one-fourth mile apart. Councilman Reid asked what they would do if the employees for the businesses there would strike - would they be told they must move out of a certain area; there was more than one side to this. Moved by Colburn, seconded by Morgan, the City Manager be authorized to make a study of the cab zone areas in the vicinity of downtown National City and report next week. Vice Mayor Colburn said he hoped the City Manager would come back with a relocation of cab zones in the vicinity of downtown National City but away from the congested one block or the one intersection of 8th & National; there were cab zones on three or four corners there; in relocating they wouldn't all be within hearing and shouting distance of each other; also he hoped the City Manager would be in communi- cation with the cab companies and get their feelings. Councilman Harris said the publicity on this item would cause the unions, pickets, and strikers to feel they had won a victory as far as the City Council was concerned and he was against their entering into it, by study or otherwise, at this time. Councilman Reid stated some time ago he had suggested they had too many cab companies but they had gone ahead and licensed them and they had their spaces alloted to them and he could not vote them out of there unless the City refunded their money and they agreed to go. Councilman Hogue said they should act as a coordinating board between the union and the cab company to see if they could eliminate that problem in their community; the Federal Government participates in strikes through the Labor Relations Board and he could see no difference between them and the Council. City Manager Osburn said the Police Chief and City Attorney were spending a lot of time on this problem; they were keeping watch on the situation. Councilman Harris said the motion 3/7/67 178 was they study what to do with the cab companies; they should talk to both sides to settle the problem. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Morgan. Nays: Harris, Reid. E. H. ALSDORF, 2105 J Avenue, was present and said the hearing held tonight on the closing of streets should have been under a traffic committee; they had delayed too long now on changing the title of the Traffic Safety Committee; and inquired what the City set up in its budget for the Junior Chamber of Commerce for this year. City Manager Osburn said nothing had been set up. Mr. Alsdorf asked what the City set up in its budget for the Chamber of Commerce. City Manager Osburn said $18,000.00. Mr. Alsdorf inquired if the Junior Chamber of Commerce had asked the Council for any money for field or swim meets for March 18 and April 1; they were asking the County for $330.00 for these two meets; he wasn't in favor of it because he thought they should ask the City for money first as the City be -refits from both of the meets; he hoped they would find some way of asking the City. Mr. Alsdorf criticized the Council for not having a map showing the street that should have been in there legally before the Government took over and what they were intending to close now (hearing on proposed closing of portions of the Olivewood Housing Area); he didn't think the hearing just held was legal. The Mayor asked the City Engineer to bring a map when they have a hearing on closing streets. Director of Planning Stockman said in the past they had always referred these matters to the Planning Commission; a very cooperative situation had been worked out with the utility companies and if such matters were to be taken away from the Planning Commission could they continue that policy. The Mayor said they did not plan to take anything away from the Planning Commission; what Mr. Alsdorf was asking for was a. map so that people in the audience could see exactly which street they were talking about. COUNCILMAN HOGUE stated when a franchise was issued for some type of business there was a mutual understanding their contribution would be of benefit to the City; anything they did which added to the discomfort of the people in the community should jeopardize their` franchise. Earl Crawford, 1104 Roosevelt Avenue, was present and said people in business should be respected and protected by their City license; at the moment there was only one cab company within the City that maintained an office here, employed local people and spent money locally; there was only one cab company that was union; when a Diamond Cab comes up to a corner most all of the pickets run over to that corner and unsightly remarks are made, sign languages were indicated by the pickets, megaphones scream from the bank corner, etc.; something should be done. E. H. Alsdorf stated he had confidence in their Police Department to handle everyone of the propositions. HOWARD JAMES KUCHEL, 2604 National Avenue, was present and inquired about the urban renewal program: was there a map of the area and what businesses were within it. Mayor Morgan suggested he see the City Manager. City Manager Osburn said he could not answer at that time because they were not into the project far enough to even fill out applications for planning money; they might have more information as to when they would have information in about a week. Councilman Harris said he had been told they could expect it to take from eighteen months to four years for the planning stage. Mr. Kuchel said he was in the business of auto storage at 2604 National Avenue. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $65,492.12 was presented. Moved by Hogue, seconded by Harris, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $10,328.75 Traffic Safety 5,571.28 Park 1,307.49 3/7/67 179 Gas Tax 2107 2,380.72 Gas Tax 186.1 40.00 Special Streets 68.00 Drainage 5,898.85 Sewer 121.36 Civic Center 142.78 T OTAL $25,859.23 Moved by Colburn, seconded by Reid, 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. The result of the opening of sealed bids March 1, 1967 at 3:00 P.M. for the EMBANKMENT ON COOLIDGE AVENUE FROM 30TH STREET TO SOUTHLAND INDUSTRIAL PARK (SS PROJECT #102), was presented as follows: Kel-Ts" Corporation, $4,440.00; C. W. McGrath, Inc., $5,760.00; Pullaro Contracting Company, $10,200.00. City Manager Osburn recommended the low bid by Kel-Tez Corporation in the amount of $4,440.00 be accepted and all other bids be rejected. Moved by Hogue, seconded by Harris, the City Manager's recommendation be accepted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. RESOLUTION NO. 9326, "RESOLUTION OF AWARD OF CONTRACT (Embankment on Coolidge Avenue from 30th Street to Southland Industrial Park, SS Project #102, Specification No. 721)," 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 Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. The requests for refund of $25.00 performance bond by: B. D. LARGE, 820 Mary Court, and FRANZ NEFF, 2010 Sweetwater Road, were presented. Moved by Colburn, seconded by Harris, the refunds be approved a.nd warrants be drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. A communication from San Diego Councilman Helen Cobb (Chairman, Legislative Committee) urging adoption of a resolution similar to those of San Diego County and the City of San Diego in regard to the Transportation Agency's interpretations of Collier - Unruh Highway Development Act which affect local street problems, was presented. The City Attorney said he had pre- pared a resolution in this regard. RESOLUTION NO. 9327, "RESOLUTION ADVOCATING AMENDMENT TO THE COLLIER-UNRUH ACT REGARDING MATCHING CREDITS AND THE ADMINISTRATION OF GAS TAX FUNDS," 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 Harris, the Resolution be adopted. Carried by unanimous vote. The renewal of the application for BAY CITIES AMBULANCE (a corporation: President, O. Stephen Ballard; Vice President, O. Paul Ballard; Secretary, Robert A. Spradley) for which business license was issued as the President of the corporation was the same as the former individual owner of the business, was presented for ratification. Moved by Colburn, seconded by Harris, the issuing of the business license be ratified. City Manager Osburn stated he recommended ratification. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to procedure to be followed in informing Council of the receipt of insurance policies and reports from the Water Authorities, was presented. Ordered filed by unanimous vote. 3/7/67 180 A communication from COUNTY ASSESSOR WILLIAMS in regard to press release concerning the activities of the Assessor's Dcpartment, was presented. Moved by Colburn, seconded by Harris, the communication be filed. City Manager Osburn stated it related to the duties the Assessor performs. Carried by unanimous vote. A communication from A. A. CAMPBELL, PRINCIPAL, SWEETWATER UNION HIGH SCHOOL, in regard to Student in Government Day, May 16, 1967, was presented. Moved by Colburn, seconded by Harris, the communication be filed. Moved by Colburn, seconded by Harris, the motion 1.nclude the date May 16, 1967 be approved as the date for Student in Government Day. Carried by unanimous vote. A communication from former CIVIL SERVICE COMMISSIONER LARRY HILL in appre- ciation of his Certificate of Service, was presented. Ordered filed by unanimous vote. An application to move a building by JA'MAC LUMBER COMPANY from 1540 Tide- lands Avenue to 2800 Tidelands Avenue ($100.00 fee paid), was presented. City Clerk Minogue stated she had pictures of the structure and distributed them to the Council. Moved by Harris, seconded by Colburn, the application be approved. Councilman Reid said he was unhappy with the situation there; they installed a used fence; they came to them for approval after they had moved in and were operating. Councilman Hogue said that was the planned industrial area and great things were expected there; the Council should try every means they could to control the type of buildings moved into that area. Mayor Morgan stated he was disappointed in the Port Commissioners for allow- ing this; there were holes in the used fence, outside toilets, the office was set on blocks and does not look like a permanent business; the Council should notify the Port District they intend to have permanent businesses in keeping with ordinance; they were in the process of building up National City and making it a place to be proud of. Henry Maxwell, owner of JatMac Lumber Company, 3810 Riviera Drive, San Diego, was present and said he was evicted from the premises where he was doing business previously (loth Street pier vicinity); he was sorry he had violated ordinances in the move to the present location; he had an architect working on landscaping and had plans which he would be glad to leave with the City. Mayor Morgan asked if they would put up a new fence or leave the rusty fence with holes in it. Mr. Maxwell replied if there was anything wrong with the fence they would take care of it. The Mayor asked when they would install permanent rest rooms. Mr. Maxwell said they were drawing the plans now and would do it when possible. Mayor Morgan asked if they would build a permanent office building. Mr. Maxwell replied the office building complied with National City Code; their problem was they had moved it without a permit to move it; if it would be beneficial, they would tear it down. The Mayor asked if they planned to blacktop the area. Mr. Maxwell said they had over 2,000,000 feet of lumber arriving when they were evicted and had not had time -Co take care of it. Mayor Morgan said the Council should go on record of not allowing this be done by the Port; there were several hundred acres in the Port District to build up and the Port should be put on notice now as to what the Council expected in this area. Mr. Maxwell said the Port Authority told him he would have to satisfy the Council and meet their requirements; he said they employed over a hundred people, did a lot of business and pay a lot of taxes. Mayor Morgan recommended they vote this down; when the place was brought up to National City standards, Mr. Maxwell could come before the Council again and get his approval at that tlme. Councilman Harris offered to withdraw his motion. Councilman Hogue stated the motion could not be withdrawn unless the second was withdrawn first. The City Clerk said she did not hear who seconded the motion and would have to rely on the recording later. Vice Mayor Colburn said in the picture the structure appeared to be similar to some of the temporary school rooms which they encouraged being built in emergencies; this type of building does not have architectural value but in among the lumber storage he couldn't see that it would hurt; he could not condone the violation of ordinance. Vice Mayor Colburn further stated, if Mr. 3/7/67 181 Maxwell would cooperate in landscaping and proper fencing, they should be pleased he had located in National City. Mayer Morgan stated Mr. Maxwell already had his business permit and could operate; they were happy to have a new permanent business in National City but this looked like a temporary business and the only way to control it was to put Ja►Mac on notice it had to be brought up to standard. Motion failed, by the following vote, to -wit: Ayes: Colburn. Nays: Harris, Hogue, Reid, Morgan. Moved by Hogue, seconded by Reid, the City Attorney formulate a resolution along the lines mentioned by the Mayor and send it to the Port so that they would be cognizant of the type of businesses they wanted in that area. City Manager Osburn said the Building Inspector's report stated the Ja'Mac Lumber Company was operating under a renewable one-year Tidelands use permit with a thirty -day cancellation clause and any construction or property improvements by them should be classified as temporary. Mr. Maxwell said that was true; he had to have Council's approval on any permanent buildings and then apply to the Port Authority for a long term lease. Motion carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan, Nays: Colburn. A communication from Fire Chief Bailey enclosing the resignation of proba- tionary Fireman D. Cary Lee and stating one of the reasons for resignation was a better salary in another city, was presented. Moved by Hogue, seconded by Colburn, the resignation be accepted and filed. Carried by unanimous vote. CITY MANAGER OSBURN reported Shirley Dupin, Library Clerk, was eligible for a step increase to Step B; approval had been recommended by the Department Head and the City Manager's office. Moved by Reid, seconded by Harris, the step increase for Shirley Dupin be approved. Carried by unanimous vote. CITY MANAGER 0SEURN stated the previous week there had been a complaint on the pavement on "L" Avenue; Resolution No. 9103, adopted by the City Council on April 5, 1966, instigated a 1911 Act improvement for curbs, gutters and sidewalks on "L." Avenue, 18th to 24th Street, 24th Street, curbs, gutters and sidewalks, Highland to "L" Avenue and 20th Street, Highland to "L" Avenue; in some areas on "L" Avenue just north of 24th Street the property owners insta]]2d curbs and gutters; the road in this area was surfaced; on completion of curbs and gutters in the remaining areas, the road will be surfaced; curbs and gutters were not completed in the area on which the complaint was made. CITY CLERK MINOGUE reported receipt of a letter from Mike Deaver, Assistant Cabinet Secretary to Governor Reagan, dated March 1, 1967, acknowledging receipt of National City's resolution relating to the principle of home rule in the conduct of Building Code activities. CITY CLERK MINOGUE reported receipt of a communication from the Commission on Peace Officer Standards and Training, dated February 15, 1967, in regard to the 1966 Allocation, January 1 - December 31. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission's recommenda- tion that Council adopt a resolution similar to the Planning Commission's requesting the County and City of San Diego to take immediate action to improve Paradise Valley Road East of National City to four lanes with emergency shoulders, eliminating as many curves as possible, and to provide adequate highway facilities to cope with present and projected increase in traffic flow. Councilman Reid stated the street was bad and needed improve- ment but the resolution should be worded a little different. Director of Planning Stockman said the reason the Planning Commission was recommending it was to urge action; it had been discussed with the County of San Diego and the City of San Diego. Mayor Morgan recommended the City Attorney and City Manager be authorized to draw a resolution to be presented next week. Moved by Colburn, seconded by Hogue, the Mayor's recommendation be approved. Councilman Hogue said just a few months ago the City contacted the County and City of San Diego about this and the Council was advised by letter the street was on their program for future improvement, Councilman Reid asked if the City Manager could send a letter requesting when the improvement could be made and stating the reasons for the request; it was not right to send a 3/7/67 182 resolution every other month. Mayor Morgan said if a resolution would do it, the Council should adopt a resolution; they should do everything they could to get the street widened; National City has eight lands running into this area. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Local Agency Formation Commission on February 20, 1967 disapproved the Montgomery Detachment from the City of National City requested by Mrs. Doris Montgomery; the Government Code provides no petition seeking the exclusion from a city shall be filed until the approval of the Local Agency Formation Commission is first obtained; there- fore, the Planning Commission recommended,the request be filed with no further action taken. Ordered filed by unanimous vote. The meeting adjourned at 9:25 P.M. for executive session. The meeting was called back to order at 9:55 P.M. by Mayor Morgan. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None. MAYOR MORGAN stated the Executive Session was for the purpose of discussing litigation and there would be more on it later. Moved by Hogue, seconded by Harris, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:56 P.M. ATTEST: f � CITY CLERK it MAYOR, CITY OF NAT JAL CITY, CALIFORNIA 3/7/67