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HomeMy WebLinkAbout1969 04-01 CC MIN10 MINUTES OF THE REGULAR M S I: :i Cf. THE CITY COUNCIL OF THE CITY OF NATICAL CITY., CALIFORNIA April 1, 1:�> The regular meeting of the City Council of the City of National City was call- ed to order at 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADt4INISTRATI7E OFFICIALS present: McLean, i._ino}ue, Assoc. Civil Engr. Newberry, Osburn, Parks; Stockman. Redevelopment officials: Ballard, Watts. The meeting was opened with salute to the Flag lea oy City Manager Osbarn foll- owed with invocation by the Reverend Georgia Hunter, First Christian Spirit- ualist Church. Moved by Camacho, seconded by Reid, the minutes cf the regular meeting of March 25 195: be approved. Carried by unanimous vote. COUNCILMAN CCL3URN stated April 8th the County Board of Supervisors would meet to review the Ad Hoc Committee's recommendations regarding smog control effec- tive January 1, 1959 for new businesses and for existing businesses in 1:70; the meeting was being held for the committee to s_bmit recommendations against the present program; he felt National City would suffer if time limits were extended; he would like to attend the meeting and if the Council saw fit, he would like to deliver another resolution supporting tiie ordinance as it is. Moved by Colburn, seconded by Camacho, a resolution be passed supporting the ordinance as it stands regarding the smog control or the burning control at the County Board of Supervisors. Carried by unanimous vote. RESOLUTION NO. 9781, "RESOLUTION SUPPORTING AIR POLLUTION CONTROL," was pre- sented. Moved oy Colburn, seconded by Camacnc, the resolution 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. COUNCILMAN REID said they have just put in a street arcund loth and Highland and it looks nice; he received a call from that area because the cul de sac was only half improved; he would like the reason fcr this. City Manager Os - burn said the City does net have right of way on the east side of I Avenue and. part of the cul de sac; rather than condemn the property and hold up the pro- ject and as the person on the other side of the street said he could live with it in this manner; they put in the street in this manner assuming he woald be the only one affected; ultimately, he will want to develop the property ant at that time the City can require the dedication. Mayor Morgan said one cf these persons was his brother-in-law; neither of these persons live there and the people in the neighborhood have to put up with dirt and mud; he asked if the City could instigate a 1911 Act andif the, had tc condemn the property could they condemn it and charge the condemnation cost back to the property or could they give the property owner a chance tc put in the street and work with the City; he was willing to instigate a 1511 Act now against these two proper- ties. Councilman Camacho inquired how they could start a project and put in something permanent when the City does not have the land dedicated. Mayor ;Horgan said this was what happened: they put the streets in in the neighbor- hood except for these two pieces of property which they stepped around; it was time the City took a. firm hand and put in the ether part of the street. Mayor Morgan asked the City Attorney if the Council could instigate a 1911 Act and if it has to condemn the property, could they charge it against the property it benefits. City Attorney McLean said the Council could. Mayor Morgan rec- ommended the problem be turned over to the City Attorney or City Manager and see if they can work it out peaceably; if not, he was in favor of going ahead with a 1911 Act. Moved by Colburn, seconded by Camacho, the Mayor's recommen- dation be approved and a report be brought back next week. Carried by unani- mous vote. 4/1/69 ::GUNCILNAN REID said he had other calls regarding the Tidelands area; in froi of two new buildings there are no curbs ane sidewalks; there was nothing that came before the Council regarding this. Director of Planning Stockman said she checked both of the building applications an:. they specify that sidewalks would have to be installed; neither of those copa;._es have come forward to process a waiver; her department would notify the of the requirement. JOE De BLANC, 1021 Blackmer, San Diego, was present and said he was thinking of acquiring a restaurant (Curtis Cafe, 524 Highland) in National City; he had a beer license but does not have one now and he wanted to know if the Council would have any objections to his obtaining a beer license; before buy- ing the business he would first like to know Cocncil's feelings regarding the license. Mayor Morgan said he was not in favor of any more beer licenses in the City of National City; however, there were others who would help make the decision. City Manager Osburn recommended he talk to each councilman or his office could come back with a report as though a license had been applied for. Mayor Morgan said Mr. De Blanc could make the sale subject to the beer license if he did not want the restaurant without the license; he could put it in a 30 or 60 day escrow subject to this stipulation and then he could make appli- cation to the Alcoholic ;leverage Control 3oard and then it would come to Coun- cil for a vote; in the meantime, he would be protected. Moved by Hogue, seconded by Camacho, the following five resolutions and the one other listed be read by title. Carried by unanimous vote. RESOLUTION NC. 9762, "RESOLUTION AUTHORIZING CA ILAL OUTLAY FUND EXPENDITURE (American La France Co.)." Moved by Colbr.rn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. S763, "RESOLUTION GIVING NO'_'ICE OF Ii?TENTION TO VACATE AND CLOSE ALLEYS IN BLOCKS 85, 86, 107 and 106." Moved b Camacho, seconder: by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9784, "A RESOLUTION CF THE CITY COUNCIL CF THE CITY OF NATIONAL CITY, ADJUSTING THE BOUNDARY OF THE SURVEY AREA OF THE E. J. CHRISTMAN BUSI- NESS AND INDUSTRIAL ?ARK." Moved by Reid, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. ;785, "RESOLUTION AUTHORIZIrNG EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF 21ST STREET BETWEEN McKIi'LE': A`.EisJUE AND CLEVELAND AVENUE AND THE ALLEY IN BLOCK 236." Moved by Hogue, seconded by Camacho, the Resolu- tion be adopted. City Attorney McLean advisee the Council the Resolution con- tained no conditions. Carried by unanimous vote. RESOLUTION NC. 763, "RESOLUTION ADOPTI1G ?LAPS AND SPECIFICATIONS (Harbison Avenue between loth Street and Plaza Boulevard, Assessment District No. ISO)." Moved by Hogue, seconded by Reid, the Resolution be adopted_. Carried by unan- imous vote. RESOLUTION NO. i787, "RESOLUTION ADOPTING 6iA? SHOWING EXTERICR BOUNDARIES Or ASSESSMENT DISTRICT (Harbison Avenue between 15th Street and Plaza Boulevard, Assessment District No. 160)." Moved by Camacho, seconded by Reid, the Reso- lution be adopted. Carried by unanimous vote. RESOLUTION NO. '9786, "RESOLUTION CF INTENTION (Harbison Avenue between 15th Street and Plaza Boulevard, Assessment District No. 150)." Moved by Reid, seconded by Coburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. S789, "RESOLUTION GRANTINNG ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Zone Variance No. Z-65, 2514 E. Third Street)." Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. MAYOR MORGAiN recommended the appointment of Charles Ccssio and Robert Clark to full terms on the Park & Recreation Advisory Hoard. Moved by Camacho, seconded by Hogue, the Mayor's recommendation be approved. Carried by unani- mous vote. 4/1/69 12 .,iTY ATTORNEY McLEAN said the ordinance listed for introduction (An ordinance: amending Ordinance S62 to allow service stations in the C-2-A Limited Commerc- ial Zones) on the Agenda was not ready for presentation. CITY ATTORNEY McLEAN reported he spoke with re__resentatives of the telephone company regarding the matter of the location of the utility pole in front of a sign at the Texaco station located at 24th and :.ihland and in essence, he found out the following: (1) the pole is at this precise location because the telephone company engineers chose that locat_ n as necessary to support the lines in the neighborhood; (2) the pole was re -located when 24th Street was widened; (3) the pole can be re -located approximately 45' to the west; the cost would be $353.00 plus the cost to the City of re -locating the fire alarm box on the pole; the phone company does not have an opinion regarding that expense. The City Attorney said the work on widening 24th Street was completed on July 3, 1958 which meant the pole was moved prier to that date; the sign in question was installed after the pole was up by 4 - 5 months; the inspection on the construction of the sign was on October 4th; the person requesting the re -location of the telephone pole for aesthetic reasons would be expected to bear the cost. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $14,168.02 Traffic Safety 3,010.31 Capital Outlay 5,408.10 Park 871.18 Library 65.53 Gas Tax 2106 36.83 Trust & Agency 525.00 Sewer 1,194.34 Civic Center 6,363.34 Total $32,642.65 Moved by Camacho, seconded by Hogue, the bills be approved and warrants order- ed drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Horgan. Nays: None. The Agenda listed Council consideration cf overhead services at 20S W. 15th Street(Planning Commission recommendation of larch 14th was attached). Mayer Morgan said that had been settled. Ordered filed oy unanimous vote. Bids for the 111 ACT IMPROVEiMYENT OF 8TH STREET, ASSESSMENT DISTRICT NC. 155: (a) City Clerk's report cf the result of the opening of sealed bids (Griffith Company $206,7;2.50; J. R. Dennis Construction Cc. $191,185.S0; R. E. Hazard Contracting Co. $136,972.20; T. B. Penick & Sons $172,215.40) 3:00 p.m., March 26th (Certificate of Publication and Affidavit of Posting of the Notice Invit- ing Sealed Proposals on file); (b) City Engineer's recommendation the bid of T. B. Penick & Sons be accepted; (c) Communication from City Manager stating the low bid for 8th Street was approximately $24,000.00 above the estimate and: offering two alternatives, were presented. Moved by Hogue, seconded by Reid, the Council award the bids as recommended oy Mr. roster tc T. B. Penick & Sons. Carried by unanimous vote. RESOLUTION i30. S790, "RESOLUTION OF AWARD OF CONTRACT (8th Street, K Avenue to Easterly Line of Railway, Assessment District No. 155)," was presented. Moved by Hogue, seconded by Colburn, the resolution be read by title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Reid, the Resolution be adopted. Mayor Morgan stated he owned property on this street and asked the City Attorney how he should handle the awarding of the contract. City Attorney McLean replied there was no legal barrier to the Mayor's voting; it was just a matter of personal preference. Motion to adopt the resolution carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: None. Abstaining: Morgan. Councilman Reid said he would like the $24,000.00 (amount bid above the Engineer's estimate for 8th Street improvement) settled. City Manager Osburn said as he mentioned in his letter on the Agenda, the City had the choice cf increasing the assessments 4/1/69 3 up to 103 and the City contributing the rest of the rccney or the City would pay the entire $2^_-,000.00 out cf gas tax L.n_s. Vove. by Camacho, seconded b Reid, the City pay the $24,000.00 and not assess the property owners any more than they have. City Manager Osburn said there was also a recommendation the property owners be required to move their s-;ns and marquees clear of the pre - posed right of way on 8th Street. Included in motion ana second. Councilman Colburn said for this same amount of money, cr a little less, they could have had undergrounding of utilities in that same area and fewer protests because the street was fa11y paid for by the property owners at one time; he did not think it was right that people who paid for a street once had to pay for it again and it was not right they lost the undergrcancing of utilities. Motion carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: None. Abstaining: Morgan. A communication from the CITY MANAGER recommending acquisition of land for a Public Works Yard, was presented. Moved 'oy Colburn, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from tE',T; K. CARSON, COORDIdA' C_?, SWEETWATER UNION HIGH SCHOOL, in regard to their program of work experience for senior students and request- ing cooperation in the endeavor, was presented. Moved by Camacho, seconded. by Reid, the communication be filed. Vice Mayor Hogue said the City should enter into this program and City Manager Osburn be given authority to communicate with the department Beads to see how many cf these young people the City could absorb for training. Councilman Colburn said he concurred; Mr. Osburn could recommend to Council the exact program to tie in with the school's request when he had all the information. Motion an.i second withdrawn. City Manager Osburn stated it would take some time to work out how many students they could take; if Council desired he would confer with the department heads and Mr. Carson in regard to the number to recommend to Council. Moved by Colburn, seconded by Camacho, this item be referred tc the City Manager's office for further study and a report back to Council. 7ice Mayor Hogue said they should get into the program tonight by giving Mr. Carson the answer the City was in- terested in participating in the program. Councilman Cc.lburn said he would rephrase the motion to include Vice Mayor :-Iogue's request; the motion should indicate the City's interest but not as to what until they get the number the City Manager would be working on; he would suggest the motion be accepted as if it passed that the Council was going along with the program; it's just that the Council will have another opportunity to review the exact program. Carried by unanimous vote. Communications from T. S. PENICK & SONS reqdesting extensions of time for the completion of contracts for Assessment District No. 1=-3 and A Avenue, 28th - 30th Streets and the CITY ENGINEER'S recommendation cf a 15 day extension for both projects, were presented. Moved by Reid, seconded by Colburn, the exten- sion be granted. Carried by unanimous vote. An original application for on sale beer and wine license, eating place, by STEVE ASARO, D3A MARIO'S Italian Restauran., 00S-9 National Avenue, and Police Chief Cagle's recommendation the application be protested unless the license were issued under three conditions, were presented. Moved by Colburn, second- ed by Hogue, the City Attorney write to the Alcoholic Beverage Control Depart- ment stating the Council will not protest the license if the Police Chief's three stipulations are made conditions of the license. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: None. Abstain- ing: Morgan. A communication from POLICE CHIEF CAGLE in regard to wrecked Police equipment T-17, was presented. Moved by Hogue, seconded by Colburn, the Police Chief's request be approved to dispose of T-17 and buy a new vehicle. Carried by unanimous vote. A communication from JOSEPH F. MINOGUE in regard tc the County Art Show and proposing the City acquire those paintings representative of the City for an amount not to exceed $500.00, was presented. Moved by Hogue, seconded by 4/1/6' 14 ;:amacho, Mr. Minogue's recommendation be a prove . Carried by unanimous vote A communication from DIRECTOR OF PU3LIC WC..:'S ST:.GSDILL requesting sick leave without pay for H. Stuetzer, Building Repair ivtan, was presented. Moved by Reid, seconded by Colburn, the request be granted. Carried by unanimous vote. A communication from the U. S. ARMY ENGINEERING CORPS stating the application made by the California -American Water Co. for a permit to install a 24" sub- aqueous water transmission line across the San Diego Say and inviting interest- ed persons tc inspect the drawings and submit written comments or objections by April 21st, was presented. Moved by Hogue, seconded by Reid, this item be referred to the engineering firm the City hired to work on the condemnation. Carried by unanimous vote. The Minutes of the PARK & RECREATION AD`JISORY BOARD meeting of March 1Sth, were presented. Ordered filed by unanimous vote. A communication from CITY MANAGER 0S3URN filing two items with the City Clerk (No Council Action Necessary), was presented: (1) Letter from the San Diego County Water Authority, dated February 28, =55c, reporting Authority opera- tions for the month of February; (2) Minutes of the regular meeting of the Board of Directors of the South i3ay Irrigation District, dated March 4, 1S6S. CITY MANAGER 0S3`JRN reported receipt of requests for overwidth driveways (to be on next week's Agenda) (1) at the SE corner of 4th Street and I Avenue (85') for 21 apartments to be built (Robert Augustine, owner of the subject property, 7853 Highwood Avenue, La Mesa, was present and. said this driveway would be identical to the one across the street; this will give off-street parking for every unit; there is street parking for visitors on the 4th Street side; there are 125' with no driveways at all on either properties. Mayor Morgan said requests of this type are reported by the City Manager one week and this gives the Council until the following week to make a study); and (2) 200 W. 8th Street requested by F. James dear; he plans to put a law office, a realtor, an accountant and an insurance man on the property now known as 804 Hoover Avenue. Mayor Morgan inquired if this would be on Hoover. City Manager Osburn said he presumed it would; this will come back in a report next week. CITY MANAGER OSBURN said the State Rivers & Harbor Craft body would meet in National City on the 21st in the Council Chambers at S:00 a.m.; this is in a different City throughout the State each month. The PLANNING COMMISSION recommendation Koenig Annexation No. 1 be approved subject to five conditions, was presented. Moved by Hogue, seconded by Camacho, the Planning Commission's recommendation be approved. Councilman Colburn stated he noticed one of the conditions was the withdrawal from the Bonita Sunnyside Fire District and the Lower Sweetwater Local Sweetwater Local Fire District and inquired if this was the proper method and will not tie up the Fire District in confusion in that area. Mayor Morgan said that was right; they were putting it in the recommendation and would be sure not to forget it and let it linger on. Motion to approve the Planning Commission recommendation carried by unanimous vote. The Planning Commission recommendation the final subdivision map for South- land Industrial Park No. 2 be approved subject to the subdivider working with the Fire Department for the installation of a fire alarm system in conjunction with the undergrounding of utilities, was presented. Director of Planning Stockman said in approval of a final subdivision map, there can be no condi- tion placed against it; she recommended this map be approved by the City Council since she has been working with the subdivider and the Fire Department; they have agreed to install the fire alarm system. Moved by Hogue, seconded by Reid, the City Planner's recommendation be approved. W. H. McCreery, 6505 Alvarado Road, was present and said he wanted to be on record they would in- stall the fire alarm equipment deemed necessary by the Fire Department. Carri- ed by unanimous vote. 4/1/6S The PLANNING COMMISSION recommendation the request of Western Lumber Company, 2744 Tidelands Avenue, for the deferral in installation of sidewalks be approv- ed subject to five conditions, was presented. Moved by Hogue, seconded by Camacho, the Planning Commission's recommendation be approved. Carried by unanimous vote. John Sullivan, President, Western Lumber Company, 2744 Tide- lands Avenue, was present and inquired what the five recommended conditions were. Director of Planning Stockman said it was the Planning Commission rec- ommendation Western Lumber Co. enter into an agreement with the City that he would not protest the installation of the sidewalks if the entire community went into putting them in; that if the City Council or City did establish there was a need for sidewalks due to an increase in foot traffic they wo ld come back before the Planning Commission and City Council for a. review of their application. Mr. Sullivan said that was fair enough. The PLANNING COMMISSION recommendation the application for exemption for the installation of curbs, gutters and sidewalks, paving and undergrounding of utilities in conjunction with the re -location of two structures to 510-512 R Avenue be approved subject to the property owners filing a covenant running with the land which would include four conditions, was presented. Moved by Camacho, seconded by Reid, the Planning Commission's recommendation be approv- ed. Carried by unanimous vote. The PLANNING COMMISSION recommendation the application for waiver of the in- stallation of curbs, gutters and sidewalks at 1525 Earle Drive be approved subject to two conditions, was presented. Moved by Reid, seconded by Colburn, the City Planner's recommendation be approved. Carried by unanimous vote. The DIRECTOR OF PLANNING'S recommendations (a) the application for Zone Change No. C-54 from C-2 Limited Commercial. Zone to C-2-A, Special Limited Commercial Zone on the property north of Valley Road in the 2800 and 2900 blocks, all within the Sweetwater Valley area surrounding the proposed Interstate Freeways 805 and 54 be set for public hearing (suggested hearing date, May 6th) and (b) the application for Zone Change No. C-53, 2926 Grove from R-2, Two Family Res- idence Zone, to R-4, Multiple Family Residence Zone, be set for public hearing (suggested hearing date, May 6th), were presented. Moved by Colburn, seconded by Camacho, the City Planner's recommendations on Agenda Items a and b be approved. Carried by unanimous vote. MRS. LORRAINE ADAMS, PRESIDENT, NATIONAL CITY ART ASSOCIATION, was present and thanked the City Council and others who helped put on the art show; it was a huge success. Mrs. Adams said the miniature oil paintings they each had in front of them were painted by two of their artists and were gifts of apprecia- tion. Mrs. Adams said the paintings the Council voted to buy tonight and which were on the Council Chamber walls would not cost the City $500.00 as had been thought but would be $350.00 plus tax; the artists felt they should stay in the City and lowered their prices. MAYOR MORGAN called an Executive Session to discuss litigation at 8:15 p.m. The meeting reconvened at 8:35 p.m. Council members present: Camacho, Col - burn, Hogue, Reid, Morgan. Absent: None. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unani- mous vote. The meeting closed at 8:35 p.m. ATTEST: CITY CLERK MAYOR, CI'L 'OIONAL CITY, CALIFORNIA 4/1/69