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HomeMy WebLinkAbout1970 07-28 CC MIN128 MINUTES OF THE REGULAR MEETING OP THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 23, 1970 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. ROLL CALL Council members present: Camacho, Hogue, Reid, Waters, Morgan. Absent: None. Administrative Officials present: Bourcier, Foster, McLean, Minogue, Osburn, Stockman. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Rev. R. D. Richardson, South Bay Bible Community Church. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the regular meeting of July 21, 1970 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN WATERS said in regard to his request to the City Manager for a monthly report from the heads of departments he got one and hasn't seen any since; he would like to keep receiving these reports so when people in the City ask him)and people surely do ask, he can give them an intelligent answer. MAYOR MCRGAN stated the Public Works plans are completed and a site select- ed for it in an area that needs drainage, updating, but there was no money. The Mayor recommended this be referred to the City Manager for study_and a report. Moved by Camacho, seconded by Reid, theMayor's recommendation be ..aipproved. Carried by unanimous vote. The PROCLAMATION of "EARLY PATTY DAY" (July 31, 1970) was read. Moved by Camacho, seconded by Reid, the proclamation be adopted. Carried by unani- mous vote. VICE MAYOR CAMACHO suggested they have Martia Redondo at the next. meeting and award her a "Key to the City" for winning the National Lawn Tennis title. Councilman Hogue said if they just wait, she is about to win the under 16 title, too; she won the under 14 and is just about to win the 16. Vice Mayor Camacho said win or lose, they would have her before the Council to give her a "Key to the City." ORAL COMMUNICATIONS STANLEY KORGIE, PRESIDENT, PONY LEAGUE, 2012 Valle Vista Avenue, was present and introduced members of his board and the two "Miss Ponies," and the Manager and Coach. Mr. Korgie said they were present to make a presentation to the City of National City from the Pony League Youth Baseball and express- ed their appreciation to National City for the equipment, a place to play, the lights available over the last 12 years. Mr. Korgie presented a National City Pony League plaque of appreciation to the City of National City. Mayor Morgan said it would be placed in the trophy case downstairs. Mr. Korgie invited the Mayor, the Council and everyone present to the Sec- tional Tournament beginning this Thursday night through Sunday night. The two Miss Ponies gave tickets to the Council and City officials. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 10,146, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (El Toyon, Phase II)." Moved by Reid, seconded by Hogue, the resolu- tion be, adopted. Carried by unanimous vote. 7/28/70 129 RESOLUTION NO. 10,147, "RESOLUTION AUTHORIZING EXECUTION OF A RECONVEYANCE CF A PROMISSORY NOTE AND TRUST DEED SECURING REAL PROPERTY ON THE EAST SIDE OF 'A' AVENUE BETWEEN 28TH AND 29TH STREETS." Moved by Camacho, seconded by Hogue, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,148, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL SCHOOL DISTRICT CF SAN DIEGO COUNTY." Moved by Hogue, seconded by Camacho, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,149, "RESOLUTION AUTHORIZING EXECUTION OF EASEMENT OF RIGHT OF WAY ANCHORAGE TO THE SAN DIEGO GAS & ELECTRIC COMPANY." Moved by Reid, seconded by Waters, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,150, "RESOLUTION ACCEPTING COWEYANCE OF REAL. PROPERTY (Osburn)." Moved by Camacho, seconded by Reid, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,151, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES ('Q' Avenue)." Moved by Reid, seconded by Waters, the resolution be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1247, "AN ORDINANCE AMENDING ORDINANCE NO. 1021 RELATING TO PAWNSHOPS," was presented. Moved by Camacho, seconded by Wat ers, the ordi- nance be read b title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Camacho, theordoted. Carried by unanimous vote. REPORT OF CITY ATTORNEY No report APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 7,2,3.80 Traffic Safety 2,558.24 Capital Outlay 84.28 Park 1,324.04 Trust & Agency 25.00 Sewer 6.00 (No total given) Moved by Camacho, seconded by Hogue, these bills be paid. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. REFERRALS POLICE CHIEF CAGLE'S report on the feasibility study of one-way traffic for 2lst Street, was presented. Moved by Camacho, seconded by Reid, this be held over until every person within this right of way is notified this is going to happen so they have a chance to come before the Council to protest or let the City go ahead and continue this. City Manager Osburn said the street was less than 30' wide and the ordinance gives the Traffic Engineer authority to make the street one-way when it was less than a certain width. Councilman Waters inquired if this had been before the Traffic Safety Committee. City Manager Osburn replied it was referred to him to check it out; he checked it out with the Engineering Department and the Chief of Police; this is their recommendation. Moved by Waters, seconded by Camacho, the motion be amended to go ahead and make it one-way from A to National. Moved by Camacho, seconded by Hogue, this item be tabled. Carried by unani- mous vote. Mayor Morgan asked if they could have a study by the City Mana- 92,r and he talk with the people in the area and come back with a recommenda- tion on this. Moved by Camacho, seconded by Hogue, Ih2.21.2yor's recommenda- tion be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. 7/28/70 130 (City Attorney left the Council Chambers.) CIVIL ENGINEER ASSOCIATE NEWBERRY'S report in regard to angle parking in the downtown area and the painting of the center line was presented. Moved by Hogue, seconded by Reid, this report be accepted and the white line down the middle of that street be removed. Carried by unanimous vote. (City Attorney McLean returned to the Council Chambers.) NEW BUSINESS A communication from the PRESIDENT, CHAMBER OF COMMERCE, stating the Board of Directors went on record as opposing the left turn lane installed on Plaza Boulevard west of Highland Avenue and requesting consideration of its removal was presented. Moved by Hogue, seconded by Reid, the communication be filed. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: None. Abstaining: Waters. HEARING The ASSESSMENT HEARING ON THE 1911 ACT IMPROVEMENT OF E AVENUE, F AVENUE, G AVENUE, 19TH STREET, 21ST STREET, 22ND STREET AND AN ALLEY, ASSESSMENT DISTRICT NO. 155 was held at this time. City Clerk Minogue stated the Certificate of Publication and Affidavit of Mailing were on file; three letters of protest were received. City Clerk Minogue read in full the following protests: Charles F. Harbison (Parcel No. 33), dated July 20, 1970 and received July 21 at 4:56 p.m.; Charles F. Harbison (Parcel No. 33), dated July 26, 1970 and received in City Clerk's office July 28 at 8:12 a.m.; Madelyn Head and Thelma Otto (Parcels 25 & 26), dated July 26, 1970 and re- ceived July 28 at 3:32 p.m. Civil Engineer Associate Onley said he was the Assessment Engineer for this project, Assessment District No. 155. Mr. Onley referred to a map of the Improvement District with the boundaries shown by dark lines (as approved by a previous meeting of the Council;) which was on display and explained the map. Mr. Onley said the yellow area on the map represented Mr. Harbison's protest, 3.6% of the total area. Mr. Onley described the improvements. Mr. Onley said he investigated the com- plaints made by Mr. Harbison; it appears his complaints are well-founded until you look over the entire district; when you assess the estimated behe- fitted assessments that they have been using on this district, his project being almost a block in this direction and over a half block in this direc- tion he gets assessments for the south half of 19th and the east half of F Avenue and he paid for sidewalk and driveway in this particular area that he spoke of; he went over these very carefully with him and took them all apart to find out what it was and all it is is just unit prices. City Attorney McLean inquired if Mr. Harbison was assessed for any work that was not done adjacent to his property. Mr. Onley replied no. City Attorney McLean inquired if there was any work charged against Mr. Harbison's proper- ty that was not done in the district. Mr. Onley replied no. City Attorney McLean inquired if any of the charges against Mr. Harbison's property changed for any reason other than the fact the bid prices were higher than the engineering estimates. Mr. Onley replied no, he used the same estimated benefits he used in the original estimates. The City Attorney asked Mr. Onley to describe briefly how he estimated the benefits of this project against the assessed properties including and in particular Mr. Harbison's property. Mr. Onley said Mr. Harbison's property has all of the items that could possibly occur in a project; they assessed the curb, gutter and side- walk and driveways directly to the property it is adjacent to for the lineal footage of the property; they assessed the paving of the street which is th? AC paving, the grading, the fine grading, the removal items and the crusher run base on an area benefit basis back halfway to the next through street which was done in both instances on this piece of property. City Attorney McLean inquired if the Harbison property was charged for any cement work that was not immediately adjacent to the property. Mr. Onley said it was not. City Attorney McLean asked if the Harbison property was charged for paving at the same rate as other properties in the district. Mr. Onley said yes. City Attorney McLean asked if Mr. Onley had looked at the Harbison property personally. Mr. Onely replied he had. The City Attorney 7/28/70 131 asked if he looked at the Harbison property with the view to the total assess- ment that he proposed to assess against it. Mr. Onley said yes, he looked at all the properties in the district in regard to this particular parcel. The City Attorney asked Mr. Onley if in his opinion was the assessment against the Harbison property and the other properties in the district equivalent to the benefit the properties have received from the project. Mr. Onley said yes, to the estimated benefits, all the properties and dollarwise. The City Attorney asked if he compared all the properties in the district against his proposed assessment roll. Mr. Onley replied yes. City Attorney McLean asked if in Mr. Onley's opinion every assessment was equivalent to the bene- fit received ny each property within the project. Mr. Onley said yes. The City Attorney asked if Mr. Onley had an opportunity to investigate the com- plaints of the Otto family. Mr. Onley replied yes, he got the letter late this afternoon and did look it over; he went out and looked at the property; the statements are true; the existing problem, the curb was in and if they didn't take the curb out, they would have to put fill in back of the curb tc put the sidewalk on; this was what they did. Mr. Onley said they put fill in back of the curb to build the sidewalk and in doing this because the ground slopes to the west... the conditions that they state of the dirt against their fence is true but this was the only way that you could build a sidewalk. City Attorney McLean asked if in his opinion was there any other practical engineering solution to building the street adjacent to their pro- perty. Mr. Onley displayed Engineering Drawing No. 1650 and said it appear- ed to him that the difference in the elevation of the gutter on this side of the street and the gutter on the other side of the street was almost maximum to what they use in the City of National City; any water that falls on this street and overflows the crossgutter at 19th is bound to find its way to the west side of the street because if you have more than 1.4 difference between the two gutters, the water will always flow to the downhill gutter. City Attorney McLean asked if the street drainage will function properly. Mr. Onley replied yes. Thelma Otto, 1845 E Avenue, was present and said she owned Parcels Nos. 25 and 26; it was quite obvious that the natural slope of F Avenue runs from 20th to lath Street and as it was engineered now the east side carries no water which is absolutely ridiculous - why have a gutter. Ms. Otto asked if they were being charged for 2" of asphalt on their street. Mr. Onley said it appears they would be charged for asphalt the same as everyone else. Ms. Otto said she would appreciate all of them coming to see; there are 4 holes in front of her place; the asphalt on top of the crusher run is so thin you cannot measure it; it isn't a quarter of an inch; it's a thin coat; all she has was crusher run. Mr. Onley said he knew what Ms. Otto was referring to but he had not looked at it. City Attorney McLean said Mr. Onley would go and look at it and if it was true that the proper amount of paving wasn't put down, the City will require the contractor to make repairs, Ms. Otto said she would appreciate everyone looking at it; she was at 1845 E Avenue; she thought that something should be done; it was very inappropriately engineered. Charles F. Harbison, 1915 F Avenue, was present and said he brought the Mayor some flowers (gave flowers to the Mayor); if the Mayor would study flowers and not make trouble for everyone in National City they would all be better off. Mr. Harbison said his parcel was No. 33; his protest was read; he thought he was unfairly charged and not only that but when it comes to the County tax he was going to have to pay, he was going to have to pay about $800.00 for taxes because of their wanting more people to live in apartments, crowding a town with people they do not need. Mr. Harbison said he was describing the aftereffect of the paving of streets while they kept mentioning the benefit to him, that street was not a benefit to him; he could walk on God's earth and did not need pavement; he had no car, thank God, and it was about time some of them gave up their cars and think more of their environment they were living in; they have 2 more years according to most of the authorities that have studied the situation to have the air that we can breath; it's a serious situation; still they want more people to be brought in to crowd the environment and more apart- ment houses go up so that every year more of the individual property owners will be crowded out because they can't pay the taxes. Mr. Harbison said the whole thing was wrong; he fought it from the start and he would go on fight- ing it; the information he had was going on to the County Supervisors and 7/28/70 132 it's going to the State government and also if he didn't get relief, on to Washington, D. C. The City Attorney asked if there was anyone else who wished to be heard. John Runyon, 2323 G Avenue (Parcel 83), was present and said he was billed for $574.00 on the statement that was sent out the latter part of June; he went down to the Engineering office and Mr. Onley figured it out; they charged him for a gutter and curb which he already had but which had to be torn out and replaced; he didn't have to pay for that so it made his amount $302.92, he guessed Mr. Onley remembered that; another thing, there were 2 palm trees out on the boulevard that he was promised he would be paid for and there has never been anything showed up on it. The City Attorney asked who promised it would be paid. Mr. Runyon said there were 2 queen palms; the Mayor said it at a meeting here once; the palms were taken out and transplanted; he knew where they were, so he didn't know who got paid for them or what. Councilman Waters inquired what they were, hundred dollar palms or what. Mr. Runyon said they were 20' high and 20 years old. Coun- cilman Waters asked if they were worth a couple hundred. Mr. Runyon said he talked to 2 different nurserymen and they said that they wished they had known they were to be moved because they had a lot of calls for good palms and they can't supply them; they said to move a palm like that and set it out, it was worth about $200.0o which means the palm was worth about $100.00 each. Mr. Onley said the contractor hired a company from El Cajon and he paid the man $39.40 each to take away the trees. City Attorney McLean said the contract required the removal of the trees from the right of way. Mr. Onley requested permission to change Assessment No. 83 from $574.17 to $302.92 and permission to change the assessed amount on the roll from $96,520.15 to $96,243.90 and permission to change the City contribution from $18,436.44 to $18,707.69. Moved by Hogue, seconded by Waters, Mr. Onleys request be approved. Carried by unwimous vote. The City Attorney said the cost of the trees themselves is outside of this 1911 Act contract; if they want to make some adjustment on that, they can do so now or later on after they have investigated his claim. City Attorney McLean said he didn't know whether or not the trees were on City property; what he would suggest to the Council on the trees is that they let them look into it and make a report through the Engineering office. City Attorney McLean told Mr. Runyon they would take up the subject of the trees and the report from Engineering at a later date. Mr. Runyon said he didn't want to make a settlement on the street until he found out about it. The City Attorney asked if there was anyone else who wished to speak at this time. No one came forward in this regard. Councilman Hogue asked Mr. Onley if there was anything they could do about the fact that the dirt they filled in with the sidewalk was flowing back through this person's fence into his yard and the fact the fill evident, ally wasn't packed and the sidewalk was already cracking; he thought they might look into that. Mr. Onley said it was something they would have to look into and bring back a report to the City Manager. Councilman Waters said this brought him to something that kind of perturbed him; until he walked up here he didn't know they had these particular protests and letters that came into the City Hall; he thought when any protest letters came into the City Hall, a copy of them should go on each councilman's desk; it is only oertain people who see these letters and no one has any more authority than the other one up here; he would suggest very strongly when protest letters (he didn't care if it was about a trash can) come into the City, he wanted to see it on his desk, a copy of it; he was serious about that. Mayor Morgan said he didn,t know of anyone that had seen those protest letters; he didn't get any and... City Attorney McLean said the law allows these protests to be made until practically the last minute and the law pro- vides that at this hearing the Engineer shall report on the protests; what we do is the protest is received; if it is presented properly, it comes to the City Clerk's office; she receives the protest and makes copies of the protest and sends it to Mr. Onley if he is conducting the particular assess- ment proceeding which he normally is; between the time Mr. Onley gets the protest which can be just before the hearing is to be held, in essence, he investigates the protest so that he will be in a position to make an accurate report to the Council at the time of the Assessment Hearing; some of the pro- tests are easy to answer and some of them require a fair amount of investi- gation; as a practical matter, it has not been feasible to circulate pro- tests that they receive at the last minute; the law requires and they do 7/28/70 133 make a complete report on the protests at the time of the Assessment Hearing. City Attorney McLean said one more thing; on the 1911 Act proceedings the law prescribes the method for handling the protests and it is this hearing and the only basis that the City Council can use for passing on a protest is the report presented by the City Engineer's office. Councilman Waters asked if he was telling him the City Engineer is the only one who sees these pro- test letters, that no one else had a right to see them. City Attorney McLean said he didn't say that; he said that the practice was to refer a copy of the protest to the City Engineer as soon as it was received so that he can investigate it; it has not been our practice to circulate copies of the protest to anybody else because the Council cannot base a decision on a protest of a 1911 Act on its own private investigation; it has to base its decision on what is presented here in a public hearing by the City Engineer. Councilman Waters said he didn't care what the practice was; he wanted a copy of every protest letter that came in here. City Attorney McLean said he was sure the City Clerk would provide it. Councilman Waters said if ther was any law against it, he was going to find out and they would get some answers here; he wanted a copy of every protest letter to this City. Moved by Camacho, seconded by Reid, the hearing be closed and the proper authorities becj!1222,ishthisro-ect. Carried by unanimous vote. RESOLUTION NO. 10,152, "RESOLUTION CONFIRMING ASSESSMENT ('B' Avenue, 'F' Avenue, /G1 Avenue, 19th Street, 21st Street, 22nd Street and an Alley, Assessment District No. 155)," was presented. Moved by Hogue, seconded by Camacho, theresolution be read by title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Camacho, the resolution be adopted. Carried by unanimous vote. NEW BUSINESS (continued) A communication from the NATIONAL SCHOOL DISTRICT requesting formal closing of certain alleys to clear title and CIVIL ENGINEER ASSOCIATE NEWBERRY'S re- port stating two of the three alleys referred to were closed by resolution but may not have been recorded and suggesting it be referred to the City Attorney for processing, were presented. Moved by Camacho, seconded by Reid, they be filed. City Manager Osburn said there was a recommendation to refer to the City attorney if they wanted to proceed with re -closing these alleys or checking to determine what has happened. Moved by Hogue, seconded by Camacho, the motion be amended to have this referred to the Cit Attorney to see if these alleys have been properly closed. Amendment carried by unani- mous vote. Motion carried by unanimous vote. A communication from CIVIL ENGINEER ASSOCIATE NEWBERRY in regard to the re- quest for building a fence on City property by Mrs. Paul Osborn, 2727 B Avenue was presented. Moved by Hogue, seconded by Waters, they 90 along with the recommendation of the Assistant City Mana er and Mr. Newberr Carried by unanimous vote. The request of the CHRISTIAN RECORD BRAILLE FOUNDATION for waiver of all fees for a permit to solicit funds for free material for the blind and vis- ually handicapped in this area, a report of the Business License Clerk and the License Collector's recommendation the request be granted were presented, Moved by Reid, seconded by Hogue, this be granted. Carried by unanimous vote. The minutes of the adjourned meeting of June 17, CIVIL SERVICE COMMISSION, were presented. Ordered filed by unanimous vote. The minutes of the regular meeting of July 20, PARK & RECREATION ADVISORY BOARD, and a communication from Chairman Alvarado stating that topo plan for Las Palmas Park as related to Freeway 805 was unanimously approved were presented. Moved by Hogue, seconded by Reid, they be filed. Councilman Waters said Mr. Alvarado brought up the question of having the Advisory Board changed to a commission; and inquired if it was possible. City Attorney McLean said it could be changed if the State law changed; we're a general law city and State law established what the offices of the City are and the Park & Recreation Commission is not one of the general law governing 7/28/70 134 bodies. Carried by unanimous vote. A communication from the CITY MANAGER in regard to the New Careers Program, was presented. Moved by Hogue, seconded by Camacho, they go along with the recommendation of the City ManageL 2,22L tr this new rograi. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. A copy of a communication from the NATIONAL CITY POLICE RESERVES to Police Chief Cagle requesting that a uniform allowance be established for Reserve Officers and a communication from POLICE CHIEF CAGLE suggesting that consid- eration be given to a cleaning and maintenance allowance and the possibility of the City furnisheing leather goods and a weapon upon request, this equip- ment to remain the property of the City, were presented. Moved by Hogue, seconded by Camacho, they go along with the recommendation of the City Mana- ger and the Chief of Police. Carried by unanimous vote. A communication from AMOS SOMMERS offering to purchase excess right of way property from the City of National City with attached communications from the County Engineer and the Louisville Title Company of San Diego were pre- sented, City Manager Csburn said Mr. Sommers was in the audience. Moved by Hogue, seconded by Reid, this item be referred to the Real Estate Committee. Carried by unanimous vote. Mayor Morgan called a Real Estate Committee meeting for 4:00 p.m., Thursday, July 30. REPORTS CITY MANAGER C5:t3URN referred to the two reports by Alan M. Voorhees & Assoc- iates which were distributed last week (one of them was a survey on traffic signs and pavement markings and the other one an Accident Data Retrieval and Analysis System); and recommended these reports be accepted. Moved by Hogue, seconded by Camacho, the Cit Mann er ' s recommendatr ion be a oved. Carried by unanimous vote. CITY MANAGER OSSURN said a League Bulletin dated July 22 containing 7 items was distributed; Item 1 was Police time and half for pay, SB 941 (the City has objected to SE 941 in the past0; Police Officers Unions was Item No. 2 (the California Peace Officers Association is sending Cities a copy of a resolution urging local legislative bodies to adopt ordinances or resolutions providing that members of law enforcement agencies not be allowed to ,loin or affiliate with labor unions or other organizations which would subordinate peace officer organizations to any labor union or other organization com- posed of members outside of law enforcement; as of this date National City hasn't received it); Item 3 is in regard to a Tipplers Tax in Los Angeles which was declared illegal; now AB 1940 has been introduced which says the state does not preempt this; he recommended they support this bill; it doesn't relate to general law cities but it may in the future; Item 4 is in regard to the Local Agency Formation Commissions, they should oppose SE 476 which would add a member of the districts to the Formation Commission; Item 5 re- lates to Building Permits, Waste Disposal, SB 999, would prohibit cities or counties from issuing any construction permits when their effluent was to be discharged into a sewer that was not approved by the State Water Resources Control Board; if this is passed it will refer to any buildings, in his opinion, being built on the Plaza Boulevard Sewer; Item 6 relates to control over coastline, there are a number of bills relating to how they will con- trol the coastline; A;3 2131 seems to be the best of the lot and if they were going to support any of them he would recommend they support AB 2131 as it allows local areas to have some control; Item 7 is in regard to Broadening Use of Gas Tay: Funds for Street Purposes, AB 1904 which has been approved by the Assembly will allow us to use gas tax money on all select systems streets once they're 90 3 completed then they could use it on any city street; he recommended they support that bill. Moved by Morgan, seconded by Camacho, the o alon with the Cit Man er's reccr menda.tion on all of these bills. Carried by unanimous vote. 7/28/70 135 CITY MANAGER CS3URN stated Lou Long came to his office this afternoon a little after 4:00 and requested an overwidth driveway permit for apartments under construction at 921 E. 5th Street; his cement men are making forms over there now and propose to pour the cement on Thursday; he understood the Engineers objected to the 50' driveway, the location, the way it was to be entered and the fact it was taking one parking spot cff the street; he re- ceived no recommendation from Planning. The Mayor asked the Director of Planning if she had a recommendation on this. Moved by Hogue, seconded by Reid, this be referred to Planning th ane to e Traffic Engineer. Director of Planning Stockman said in talking with the City Manager it was his and her thinking that there would be nothing wrong with it; however, the City Engi- neer felt it would be better looking to maintain the street parking on 5th Street and 2 off of the alley and one on the 5th Street side. Lou Long, 644 Mission Court, Chula Vista, was present and said his other apartments looked pretty good; this set of apartments will look pretty good too; the overwidth driveway creates 9 parking places instead of 8; he is only re- quired to have 5 parking spaces for these apartments; if he puts these park- ing spaces in the front and landscapes it in front of the apartments (which he intends to do), it will give him 9 parking places. Mayor Morgan asked the Director of Planning if she could make a decision tonight or would they have to make a decision later on, how did she recommend. Director of Planning Stockman said she had never overridden the Engineering Department when it comes to off-street parking but if this gentleman would put his parking here (pointing to map) and eliminate this parking back here, it would give him eight, and make this into a recreational area and do the landscaping he has along there, it would be as practical as the one that he has. Mr. Long said when they drew those plans up it was kind of a dream; they were going to spot the trees (actually they were not going to be trees, they were going to be oleanders) they were going to have the oleander trees where it shows on the plan except what is in the front there; that was what he would like to eliminate; there will be a 4' landscaping all the way across the front of that building here instead of putting the 2 trees out there; he was not actually eliminating any landscaping; in fact, he was in- creasing the landscaping; he was paying to put a new sidewalk in there; that sidewalk needs to be repaired and he was willing to pay the expense to have a 50' new sidewalk put in there, Mrs. Stockman asked if he was told when he took out the building permit that he was required to put in half of the alley. Mr. Long said the alley has already been put in; he did not know if the alley had been paid for but he knew there had been a new alley put in; so fax as he knew, when he bought the lot, it was free and clear; there were no assessments against the lot. Councilman Hogue inquired if the new alley was concrete, Mr. Long said no, it was 2 or 3" blacktop. Mayor Morgan said there was an ordinance in the City of National City that you put in a half of an alley there in 6" concrete. Mr. Long asked if that was when he built the building. The Mayor replied yes. Mr. Long inquired how he got the permit then. Councilman Reid inquired if they gave the gen- tleman who built the apartments on the opposite side of the alley permission to put in that temporary blacktop and then he has to fix that alley in two years. Mr. Long asked if that was in cement. Councilman Reid said that was right. Mr. Long said that suited him fine so fax as putting the cement in, he would just as soon have a cement alley; it would just improve his proper- ty. Mrs. Stockman said she said she had never overridden the Engineer; she was opposed to taking out this one off-street parking space and she was opposed to putting in oleander trees (which are poisonous) in the public right of way. Mrs. Stockman said she would let them make their decision; she would stick with the City Engineer's recommendation. Motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. Mayor Morgan told Mr. Long to come in and talk to Mrs. Stockman tomorrow. Moved by Waters, seconded by Reid, staff's recommendation be 22proved and that includes ?lannin as art of this now. City Engineer Foster said it appeared to him the entire frontage of the lot, 50', would be a driveway and the way it was shown on the original plan there was a 24' driveway with parking for 3 cars with 2 parking places on the alley, and two parking places up farther on the alley and another parking place clear up on the alley; he requires no overwidth driveway permit to do what he originally intended to do; he didn't like to make an emergency out of this thing; it looked better to him the way it is. Carried by the following vote, t o-wit : 7/28/70 136 Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. CITY MANAGER OSBURN said in October 1967 the Council agreed to go along with the City of San Diego in improving Cervantes Avenue from Euclid to Paradise Road; National City was supposed to do what was equivalent to a 20' alley as the back of National City residents' property faces the street; at that time the cost was estimated to be $11,000.00 and now the cost is estimated to be $13,974.42; he recommended San Diego be told to proceed. Moved by Camacho, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of a notice from the Department of Trans- portation, United States Coast Guard, that the City of San Diego has applied for approval of the plans and location of a bridge to replace the existing wooden West Mission Bay Drive Bridge (drawing showing plans and location attached) and inviting written objections on or before August 20. CITY CLING MINOGUE reported receipt of the Auditor's Report for the Fiscal Year Ended June 30, 1969 which was on file. CITY CLERK MIiUE reported receipt of a communication from State Senator. James R. Mills acknowledging receipt of Resolution 10,133 and expressing his appreciation to the City Council. DIRECTOR OF PLANNING STOCKMAN said on the request of Mr. Alfred G. and Irene Figuroa to close 9th Street west of Edgerton Way, this matter was undertaken by the Planning Commission at the regular meeting of July 13, 1970; unani- mously recommended no action be taken to close that street and the City place a barricade at the west end of the dedicated portion of 9th Street to prohibit vehicles from using that hazardous driveway. Moved by Waters, seconded by Camacho, the stha 'f's and ?lannin9 Commission's recommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER said the Underground Utilities Committee for the City met and it was their unanimous recommendation to the Council the continua- tion of Euclid Avenue be considered as an undergrounding district; as they would recall, undergrounding started at the northerly city limits and went to 4th Street on Euclid Avenue; in their plans for the next couple years, they plan to build Euclid from Plaza to 16th and another segment is from 22nd to Ridgeway which is being done in connection with the County; he re- quested that the Council approve Euclid Avenue from 4th to Ridgeway as an underground district area and to specifically state we will start with the segment from Plaza to 16th Street; he will prepare more detailed plans and they will have a hearing on it. Moved by Hogue, seconded by Camacho, the City EnQineer's recommendation be approved. Carried by unanimous vote. COUNCILMAN HOGUE said Mr. George James was head of the National City Police Reserve, and when he asked the City Manager if Mr. James was riding in patrol cars carrying side arms he was told he thought he was. Moved by Hogue, no one over the age of 50 be allowed to ride in a patrol car and carry side arms. Motion died for lack of second. 7/ 28/ 70 137 Moved by Hogue, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:13 p.m. P City Clerk City of National City, Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of August 4, 1970* No corrections Correction as noted below Mayo i atio'nal City, California 7/28/70