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HomeMy WebLinkAbout1967 12-19 CC MIN162 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 19, 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, Reid, Morgan. Absent: Hogue. ADMINISTRATIVE OFFICIALS PRESENT: Deputy City Clerk Fasig, Linn, McLean, Associate Civil Engineer Newberry, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Reverend Karl Hertel, Lincoln Acres Community Church. Moved by Reid, seconded by Harris, the minutes of the regular meeting of December 12, 1967, be approved. Carried by unanimous vote. Absent: Hogue. LARRY W. SHARP, 931 D Avenue, was present and read a letter (dated Dec, 18, 1967) to the Council, signed by the Reverend Kent Douglass,P.resident,National City Ministerial Association, which stated they endorsed the sentiments ex- pressed in the petition circulated by the Chamber of Commerce protesting the advertising scenes painted on the Paris Theater Building and front canopies and which further requested their elected officials do everything in their power to prohibit present and future advertisingof this nature. Mr. Sharp presented the letter and the petition which he said contained 2,124 signatures, to the Council. Vice Mayor Colburn inquired if the signatures were all by National City residents. Mr. Sharp said they were signatures of those who patronized the area. Vice Mayor Colburn said the City Attorney had indicated it had been difficult to legislate because of freedom of expression, etc.; he felt the petition showed the moral desire in the community. Councilman Harris said the Council, Chamber of Commerce and community had been working to upgrade National City in all phases; something like this does not work in the City's best interests. Moved by Harris, seconded by Morgan, the Paris Theatre be denied a business license for 1968. Councilman Reid said he was for it, but could this be referred to the City Attorney first. Mayor Morgan said if they didn't issue a license, it would be referred to the City Attorney very quickly, Councilman Harris said if they did not issue a license to the Paris Theatre, they would be at the conference table or trying to do some- thing to get the license; perhaps an agreement could be reached in this particular situation; they did not like to deny anyone the privilege of being in business in National City. The Reverend Karl Hertel, Pastor, Lincoln Acres Community Church, was present and said it was largely their concern the type of image they were presenting to the public in National City; it would be a shame to let something of this type be condoned and allowed to continue; perhaps something could be done by way of zoning, regulating the hours, or by denying the license for the coming year. Reverend Hertel mentioned there were many members from his church present to let the Council know they were behind them 100% in anything they do in order to eliminate this and future incidences of this type. The Reverend Wade McKinley, Pastor, Highland Avenue Baptist Church, was present and said his church would support the Council in anything they did toward prohibiting such advertisement. Vice Mayor Colburn inquired if the Petition indicated a desire to close the business or to remove the offensive advertising. The Mayor asked the Deputy City Clerk to read the statement on the top of the Petition; "We, the undersigned residents and patrons of National City do vigorously protest the advertising scenes painted on the Paris Theatre Building and front canopies and call upon the good reasoning and sensibility of the owners of the Paris Theatre to immed- iately remove these scenes. We further request our elected officials to do everything in their power to prohibit present and future advertising of this nature." Vice Mayor Colburn said he understood the Paris Theatre outdoor advertising had been cleaned up or covered up, although he had not looked at it himself; if this was true, there was no more the Council could do; if the motion passed to deny a business license, he felt the City Attorney should be taken into consideration with a comment from him. City Attorney McLean said there would be one more meeting before the end of the year and he would present a report which wouldincorporatesome of the suggestions mentioned. 12/19/67 163 Vice Mayor Colburn asked if the maker of the motion would consider referring Pis motion to the City Attorney instead cf moving the license be denied. Councilman Harris said so far as his motion was concerned, the intent was not to close up anybody's business; however, the people had been ignored, more or less, and what little painting had been done to the signs outside of the building was almost nil; he would keep his motion as it was. Mayor Morgan said he would like the City Attorney to also consider if they could raise the license fee to $5,000.00, $10,000.00 or $50,000.00. Mrs. Chambers, 1318 E. 18th Street, was present and said a year ago Council had passed an ordinance (No. 1161) regarding pornography and obscene literature; Council later recinded the ordinance; she was in favor of denying these people a license if they didn't clean up. Mrs. Chambers thought the tatoo parlor on National Avenue should also be looked into. Vice Mayor Colburn said he was against the motion as it stands; the ordinance Council had recinded was done at the encouragement of the Chief of Police or someone else stating the order inance was unenforceable; if this was a fact and the legislators in the State of California backed up this type of fact, he did not believe they could dis- allow a license to be issued on such weakevidence; he did not mean to say the evidence in his thinking was weak but was sure that was how the State recognized it; he did not thinkthey should put the City in the position of a possible injunction by their attorney; that would give them more publicity. Katherine Wilson, 123 F Avenue, was present and asked Vice Mayor Colburn what he would consider strong enough evidence. The Vice Mayor said what he was encouraging now was their moral standard be raised by a show of hands; the petition had done that and if additional petitions were circulated in the meantime to show a stronger raise of hands, then they mould have a weapon to use; if the theatre protested the refusal to issue a license, he sea sure the Court would back up his legal right to be in business until they could prove he ass wrong; this would just be giving him free publicity. Mrs. Wilson said she was not asked to put her name on the petition, but she would consider it a privilege to do so. Councilman Reid said if there was a Court Order on this, the theatre would be operating next June; he would rather have the City Attorney report back and they put in the motion there would be no license issued until after the report was received. Motion carried, by the following vote, to -wit: Ayes: Harris, Reid, Morgan. Nays: Colburn. VICE MAYOR COL.BURN said the City had participated through gas tax funds on certain projects; the most recent 1911 Act project that was approved by the Council was two streets that qualified for gas tax funds; the City Manager made available to them a copy of the proposed gas tax funded streets in National City that Council in the past had suggested were of an important value to the City and he agreed they should be taken care of; the projects listed totaled $2,491,000.00; we receive an estimated gas tax revenue of $247,000.00 a year which gives us about a ten year project for the items listed; none of the items listed include Granger and 20th Street which do qualify as streets that could come under gas tax contributions. The Vice Mayor said with the idea they had a ten year program, the amount he would ask for Granger and 20th Streets wouldn't dent the $2,491,000.00 projects nor delay them at all because some of the projects indicated were the total amount of the project, not considering a contribution from the property owners through a 1911 Act; some of the amounts could be reduced considerably with a 1911 Act contribution. The Vice Mayor inquired if $6,000.00 was a contribution made toward those two streets through gas tax funds (saying that 20th Street was a little bit shorter than Granger, so would receive a little less, but dividing the money equally on a percentage basis), would that be an amount that would be of financial assistance to the project or would it be an amount not worth talking about with the work that would have to go into the reassessments of these properties to account for this $6,000.00 contribution. City Manager Osburn said this was a very difficult question to answer at this time; he did not know how many people were being assessed on those particular streets; there were over two hundred people in the area, and say there were 150 people on Granger and 20th, this would be an amount of about $40.00 apiece. Moved by Colburn, seconded by Harris, the City Manager and the City 12/19/67 164 Attorney be authorized to create the proper paper work so a contribution of $8,000.00 from gas tax funds could be made to the 1911 Act on 20th Street and Granger Avenue. Councilman Harris inquired if this money would be readily available without crippling the other projects. City Manager Osburn said it could delay them for a month or two weeks. Mayor Morgan said on Granger Avenue they had already put in $7,000.00 on the sewer, $11,000.00 for drainage and $11,000.00 overall to that project and had put in $40,000.00 - $50,000.00 for drainage which will drain all of 20th Avenue from Granger west and from Prospect east; when they figure it up, they will have spent more money on these streets than on the other streets. Vice Mayor Colburn said that was true; but there were some drainage projects that were included in their budget which weren't concerned with streets; they go under streets to a point and some go through vacant properties; the City's policy and obligation has been to take care of them; drainage has been historically a problem of the City of National City; the reason for his asking for this was that it is a through street to a County area, used by non -tax paying or non -National Citytax yp ing residents. Mayor Morgan asked how this would affect the job of/Me px'bprties. City Manager Osburn said they would have to refigure the assessments when the final costs were in; this could be thrown in as a part of that. Councilman Reid inquired how they arrived at 20th Street and Granger Avenue only. City Manager Osburn said those two were the only ones on the major street system registered with the State of California, Motion failed, by the following vote, to -wit: Ayes: Colburn, Harris. Nays: Reid, Morgan. Absent: Hogue. MAYOR MORGAN stated there was a vacancy on the Planning Commission and recom- mended the appointment of Harold L. Earle to fill this position. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote. Absent: Hogue. The HEARING ON THE PROPOSED "BRITTON ANNEXATION" was held at this time. Deputy City Clerk Fasig stated the Certificate of Publication was on file. Director of Planning Stockman presented the Planning Commission recommendation the Britton Annexation to the City of National City be approved, subject to four conditions: (1) The "Right of Protest" to the proposed 1911 Act Improvement on 24th Street be waived by the property owners within subject annexation; (2) The City of National City declines guarantee to the property owners with- in subject annexation, that said property will be served by existing sewer facilities within 24th Street; (3) The costs of any and all special apparatus, if used, to adequately utilize the existing sewer facilities in 24th Street, be born by the property owner; (4) Subject territory be withdrawn from the Lower Sweetwater Local Fire District and the San Diego County Flood Control District. No one was present to speak in this regard. Moved by Colburn, seconded by Harris, the hearing be closed, the annexation be approved, the recommendations of the Planning Commission be included and referred to the City Attorney for further processing. Carried by unanimous vote. Absent: Hogue. DIRECTOR OF PLANNING STOCKMAN presented the Annual Report for the Planning Department. Moved by Harris, seconded by Reid, the reading of the following three res- olutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9510, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE ALLEY BETWEEN "K" AND "L" AVENUE FROM THE SOUTHERLY LINE OF 20TH STREET TO THE NORTHERLY LINE OF 21ST STREET." Moved by Colburn, seconded by Reid, the Resolution be adopted. E. H. Alsdorf, 2105 J Avenue, was present and said he would like to have had a report from the Planning Commission regard- ing this; he was again voicing his objections to the method used in closing alleys. Director of Planning Stockman said it was the recommendation of the Planning Commission that favorable consideration be given to this closing 12/19/67 165 subject to the property owners putting in the curbs along this area; this has been complied with; the property owners have encroached within the area and it would not be an advisable alley to open up. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9511, "RESOLUTION RESCINDING AUTHORITY OF THE CHIEF OF POLICE TO ERECT NO LEFT TURN SIGNS AT THE INTERSECTION OF HIGHLAND AVENUE, PLAZA BOULEVARD, AND TENTH STREET." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9512, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEEDS (S. & A. Investment Co.)." Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. ORDINANCE NO , "An Ordinance Amending Section 613 of the Municipal Code Regulating the Parking of Heavy Duty Commercial Vehicles in Residential Districts," was presented for the first reading. Moved by Colburn, seconded by Harris, the reading of the Ordinance be by title only. Carried by unan- imous vote. Absent: Hogue. The title was read. ORDINANCE NO. 1183, "ORDINANCE AMENDING ORDINANCE NO. 962 (Providing for the Paving of Streets)," was presented for the second reading. Moved by Harris, seconded by Colburn, the reading of the ordinance be waived and it be adopt- ed by reading of the title only. Carried by unanimous vote. Absent: Hogue. The title was read. Moved by Colburn, seconded by Harris, the Ordinance be adopted. Carried by unanimous vote. Absent: Hogue. CITY ATTORNEY MCLEAN reported the status of the proceedings to change the name of loth Street to Plaza Boulevard; the hearing was now set for January 23, 1968; prior to the hearing date all of the property owners would be notified by the Planning Department. CITY ATTORNEY MCLEAN reported on the matter of the accumulation of six weeks vacation time to a member of the Fire Department: the present personnel rules do not provide for the Council to authorize the accumulation of vacations; if the Council desires to allow a member of the Civil Service to accumulate vacations, an amendment to the present personnel rules must be adopted; he understood such an amendment would be before the Civil Service Commission tomorrow night (December 20). CITY MANAGER OSBURN'S report regarding the establishment of a Finance Depart- ment was presented. Moved by Colburn, seconded by Harris, they accept, file amd approve the City Manager's report regarding the establishment of a Finance Department and the ordinance for first reading be read by title only. Carried by unanimous vote. Absent: Hogue. City Attorney McLean said for the sake of clarity, he would recommend a separate motion be made for intro- duction by title only. ORDINANCE NO. "An Ordinance Adding Article 163 to the Municipal Code, City of National City, Establishing a Department of Finance and the Position of Director of Finance." Moved by Colburn, seconded by Reid, the reading of the Ordinance be by title only. Carried by unanimous vote. Absent: Hogue. The title was read. The CITY MANAGER'S report relating to the renaming of 10t.h Street to Plaza Boulevard, was presented. Mayor Morgan stated that had been taken care of earlier. BTLiS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $14,262.54 Traffic Safety 12,599.01 Park 1,789.38 186.1 Gas Tax 3,608.43 Special Streets 843.52 Drainage 8,267.38 Sewer 925.29 Civic Center 1,854.40 T 0 T L $44,149.95 12/19/67, 166 Moved by Colburn, seconded by Harris, the bills be approved and warrants ordered drawn for same. Motion carried, by the following vote, to -wit: Ayes; Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $71,516.81, was presented. Moved by Colburn, seconded by Reid, the payroll be approved and warrants ordered drawn for same. Motion carried, by the following vote, to - wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. Vice Mayor Colburn stated there was now an additional $6,513.00 to the pay- roll every two weeks now (since the salary increases). A communication from CITY MANAGER OSBURN recommending a resolution be author- ized for the closing of the alley between "K" and "L" and 20th and 21st Street, was presented. Mayor Morgan said this had been taken care of. A communication from CITY MANAGER OSBURN regarding the close of the Webster Escrow, was presented. Ordered filed by unanimous vote. Absent: Hogue. A communication from J. E. SALMONSON, DIVISION CONSTRUCTION AND ENGINEERING SUPERINTENDENT, PACIFIC TELEPHONE AND TELEGRAPH COMPANY, offering cooperation in completing the conversion of electric and communication facilities from overhead to underground, was presented. Ordered filed by unanimous vote. Absent: Hogue. An application for refund of a $25.00 performance bond by W. B. JONES, 1722 Prospect Street, and a communication from DIRECTOR OF BUILDING AND HOUSING BIGGS suggesting any recommendation leading to disposition of the request be from the City Engineer's office, were presented. City Manager Osburn said this was a permit taken out by Mr. Jones; $2.50 for permit and a $25.00 bond; for safety reasons their engineers did not want to see them put in this small section of sidewalkdue to the elevation, etc.; Mr. Jones was requesting a refund of $27.50. Moved by Colburn, seconded by Reid, the refund be approved and a warrant drawn for same. Motion carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. A communication from CITY MANAGER OSBURN regarding recertification of Workable Program, was presented. Ordered filed by unanimous vote. Absent: Hogue. An application by AARON AMBULANCE COMPANY for an additional vehicle and a communication from CITY MANAGER OSBURN regarding same, were presented. Moved by Colburn, seconded by Harris, the application be approved. Carried by unanimous vote. Absent: Hogue. A communication from CITY LIBRARIAN CARLIE MEYER requesting a commencement date for sick leave without pay for Mrs. Marianne Padgett, Library Clerk, be December 28, 1967 instead of December 16,.1967, as previously requested, was presented. Moved by Reid, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Hogue. A communication from FIRE CHIEF BAILEY requesting permission to have a general Christmas tree disposal after the holidays, was presented. Moved by Harris, seconded by Reid, the request be granted. Carried by unanimous vote. Absent: Hogue. A communication from CITY MANAGER OSBURN in regard to items filed with the City Clerk: (1) Minutes of the regular meeting of the Board of Directors, San Diego County Water Authority, dated November 9, 1967 (2) Letter from the San Diego County Water Authority to Operating Heads of Member Agencies, dated December 4, 1967 (3) Letter from the San Diego County Water Authority to member agencies, dated December 8, 1967 regarding committee meetings scheduled, was presented. (For information only) 12/19/67 167 A communication from JOHN H. ANDERSON, LAY ACTIVITIES DIRECTOR, PARADISE VALLEY 71H DAY ADVENTIST CHURCH, 8th and Burden, requesting permission to sing carols (with the use of sound cars) and to solicit; and communication from CITY TREASURER KERR regarding the same, were presented. City Manager Osburn said they had done this in the past; National City does have an Ordin- ance against sound vehicles that was passed basically for political campaigns and advertising; at the time the ordinance was passed, Christmas carols were not involved in the thinking of the Council. Moved by Reid, seconded by Colburn, the request be granted. Vice Mayor Colburn inquired if it was proper for the Council to grant the request under their present ordinance. City Attorney McLean said he would have to check on that. Motion and second with- drawn. Mayor Morgan said they would come back to this item later. CITY MANAGER OSBURN requested permission to call for bids on the Valle Vista Drainage Project; this project will have to be completed before they can start the 1911 Act. Moved by Harris, seconded by Reid, the request be granted. Carried by unanimous vote. Absent Hogue. CITY MANAGER OSBURN said he had a report from the Fire Chief regarding one of their fire pumpers which was broken down and needs a new engine; he has given two alternatives; one is about $8,000.00 and the other one is about $4,000.00 for repair; he has recommended they go along with the $4,000.00 purchase of a new GMC motor and requested permission to spend this money from capital outlay and to order the motor immediately. Moved by Harris, seconded by Reid, the request be granted. Motion carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. DEPUTY CITY CLERK FASIG presented a communication from the State Department of Housing and Community Development announcing the statewide Governor's Conference on Planning for Housing and Homeownership, January 31- February 1, 1968, El Dorado Hotel, Sacramento, Registration Fee, $25.00. Ordered filed by unanimous vote. Absent: Hogue. The PLANNING COMMISSION recommendation the request for exemption of installat- ion of sidewalks, 2734 E. 15th Street, be granted subject to three conditions was presented. Moved by Colburn, seconded by Harris, the request be granted subject to the recommendations of the Planning Commission. Carried by unan- imous vote. Absent: Hogue. The PLANNING COMMISSION recommendation the request be granted for an extension of time on the waiver for installation of curbs, gutters and sidewalks at 541 V Avenue, was presented. Moved by Harris, seconded by Reid, the request be granted. Carried by unanimous vote. Absent: Hogue. The DIRECTOR OF PLANNING'S recommendation the Planning Commission's report regarding an amendment to the Zoning Ordinance relative to the enclosure of outside storage within the manufacturing and industrial zones be received, the matter set for public hearing before the City Council, and the Planning Commission's recommendation taken under consideration at that time, was presented. Moved by Harris, seconded by Colburn, the recommendation be approved. Vice Mayor Colburn inquired if there was a date for the public hearing. Director of Planning Stockman suggested it be included in the motion the City Clerk be authorized to publish the date for public hearing. Included in motion and second. Carried by unanimous vote. Absent: Hogue. The DIRECTOR OF PLANNING'S recommendation the Planning Commission's report relative to the closing of 7th Street between Q Avenue and R Avenue be received, the matter set for public hearing before the City Council, and the Planning Commission's recommendation taken under consideration at that time, was pre- sented. Moved by Colburn, seconded by Harris, the recommendation be approved and it be referred to the City Clerkfor public hearing date to be set. Carried by unanimous vote. Absent: Hogue. 12/19/67 168 The communication from J HN Hs ANDERSc4, LAY ACTIVITIES DIRECTOR, PARADISE VALLEY 7TH DAY ADVENTIST CHURCH, 8th and Burden, requesting permission to sing carols (with the use of sound cars) and to solicit; and a communication from CITY TREASURER KERR regarding the same, were again presented. City Attorney McLean said it was not unlawful to sing Christmas carols in the City of National City. Moved by Harris, seconded by Reid, the request be approved. Vice Mayor Colburn inquired about the use of microphones in this connection. City Attorney McLean said that was with or without microphones. Carried by unanimous vote. Absent: Hogue. MAYOR MORGAN wished everyone a Merry Christmas. Moved by Colburn, seconded by Harris, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:40 p.m. ATTEST: ? 2 7 ,) d" /GriJii a �i. wet CITY CLERK 12/19/67