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HomeMy WebLinkAbout1969 01-07 CC MIN214 MINUUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 7, 1969 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: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Foster, McLean, Minogue, Osburn, Parks, Stockman, Watts. The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by the Reverend James W. Watson, Reorganized Church of Jesus Christ. Moved by Reid, seconded by Colburn, the minutes of the adjourned meeting of of December 23rd be approved. Carried by unanimous vote. COUNCILMAN ODLBURN quoted from an editorial in the Star -News of December 29th, in regard to conflict of interest and codes of ethics and stated he was honored to have been singled out; the same statement applied to the presi- dent or any elected mayor or councilman. COUNCILMAN REID suggested a card be sent to Mr. E. H. Alsdorf who has been ill for several weeks. The City Manager said he would send a card. MOVED BY REID, the fence for the new walkway from Williams Manor Subdivision be extended to the curb at Tolas Court and a gate installed; the gate to be closed when school is not in session. COUNCILMAN REID inquired if a meeting was held in regard to 8th Street. City Manager Osburn said it was and a full report will be presented at the next Council meeting regarding the undergrounding of utilities or renewing the utilities in the street, etc. MAYOR MORGAN suggested the City Manager meet with the County Engineer or the Manager of San Diego County to see if the County could budget the work to be done at the end of 8th Street and Plaza Boulevard; there is a bank 501 to 80' high at the end of Plaza which makes a dangerous situation. MAYOR MORGAN said Joe Minogue represents National City on the San Diego 200th Anniversary Celebration; he has done an excellent job; during March paintings by local artists will be on display in the Civic Center and other public buildings in National City. MIKE DINI, owner of McDini's at 105 E. 8th Street (resident of Chula Vista) was present and expressed concern over the proposed ordinance amending Chapter 22 of the Municipal Code relating to business license rates; he re- quested clarification of the ordinance. Mayor Morgan stated the ordinance was to be presented for the first reading; if they had the first reading, it would be placed on the downstairs bulletin board. JIM PANTAZOPLUS, 2968 Washington Street, Lemon Grove, was present and inquired if the driveways for Plaza Boulevard and L Avenue would be considered. Mayor Morgan stated it was on the Agenda and would be considered at the proper time. ROGER SCHEI, 2232 I Avenue, was present and said he read in the paper it was proposed the business licenses for beer bars be raised to $200.00 a year and cocktail lounges to $300.00 a year; there was a proposed raise for theatres and peep shows also. Mr. Schei inquired how the bars, cocktail lounges and restaurants happened to fit in the same category as peep shows. Mayor Morgan stated this item was listed on the Agenda and asked that anyone wishing to speak on this subject wait until that time. 1/7/69 215 NALD K. McCREDIE, owner of Castle Rambler in National City, residing in Chula Vista, was present and submitted an offer to purchase property between 24th and 26th Streets, A Avenue and B Avenue, Parcels No. 1 and 2, containing approximately 100,000 sq,. feet for a purchase price of $100,000.00 for the purpose of constructing an office building and research department which will employ approximately 200 people to occupy an area of approximately 50,000 sq. feet or more with adequate off-street parking; the offer was contingent to proper zoning by the City of National City and to a solution to the drainage problem; construction will start within 18 months after close of escrow; to show good faith, he had a cashier's check in the amount of $10,000.00 and a letter signed by him and his partner. Mayor Morgan inquired if it was a cash offer. Mr. McCredie said it was a cash offer of $100,000.00. Councilman Colburn inquired if that was the amount set for this piece of property. City Manager Osburn replied this was the piece of property the City once gave Continana an option on for roughly $55,000.00; last July or August the City took the property back; prices have been discussed of 900 a sq. ft. on the area between 25th and 26th Streets and $1.25 on the property from 24th to 25th Streets and the property south of 25th Street has been discussed as high as $1.25 sq. ft. Mayor Morgan stated the Council was going to authorize the City Manager to advertise this property for $1.00 sq. ft. 24th and 3 and 900 south of 25th Street and inquired how much Mr. McCredie's offer was per square foot. City Manager Osburn stated it was roughly $1.00 sq. ft.; there was approximate- ly 101,000 sq. ft. in the parcel, depending upon the alley (a paved alley now used as a drainage right of way.) Moved by Colburn, seconded by Hogue, the City accept the offer and the $10,000.00 check but it be referred to the City Attorney and City Manager to come up with the agreement which would include the things mentioned by Mr. McCredie, have them in the proper order, etc. Councilman Camacho inquired regarding requirements for building after purchase of City property. Mayor Morgan stated the agreement to be drawn up will state what is expected of the buyer and the City will hold them to it. Councilman Reid asked if the City would be responsible for the alley. City Manager Os - burn replied they would have to check into this; it is a City owned alley or drainage area which was recently paved with concrete so it could be used for both alley and parking. Councilman Colburn said he would like to restate the intent of the motion: it was to accept the offer based on the Council's ap- proving the City Attorney's and City Manager's recommendations when it comes back to them, subject to negotiating details. Mr. McCredie said that was ac- ceptable with them. Carried by unanimous vote. The check was given to the City Manager. Moved by Hogue, seconded by Reid, the following four resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 9729, "RESOLUTION AUTHORIZING EXECUTICN OF AGREEMENT WITH AR- CHITECT, Public Works Yard and Shops." Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. RESOLUTION NO. 9730, "RESOLUTION DECLARING PORTIONS OF 3OTH STREET LYING WITH- IN THE LIMITS OF THE CITY OF NATIONAL CITY TO 3E A COUNTY HIGHWAY." Moved by Reid, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9731, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 23RD STREET." Moved by Colburn, seconded by Reid, the Res- olution be adopted. Carried by unanimous vote. RESOLUTION NO. 9732, "RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM." Moved by Colburn, seconded by Reid, the Resolution be adopted. Frank Whittington, resident of Chula Vista, was present and said his property is now in escrow and would be utilized by building a rental project designed specifically for the elderly, 62 years of age and older. Councilman Camacho stated he was not in favor of this; land in National City is limited; there are enough homes to take care of our senior citizens and they should utilize available land for other types of housing; 1/7/69 216 ...ere is a potential of 15,000 jobs in the redevelopment area and they would need homes for younger people who would be coming to fill these jobs; permit- ing this type of housing could bring an influx of retired people to Nationa]. City. Vice Mayor Hogue stated he agreed with Councilman Camacho; they were trying to effect a progressive, growing City; b?:.t since the City is landlocked, space available should be developed for wor!ang people. The Vice Mayor asked the City Manager if they adopted the Resolution, would the City be wide open for other projects of this nature. The City Manager said it would. Vice Mayor Hogue said there are five or six homes of this nature in the City which would take care of the City's present elderly citizens. Councilman Camacho inquired if this project would be restricted to the senior citizens of National City or open to anybody from out of town or out of the state. Mr. Whittington said there were enough people in National City to more than fill the vacancies sev- eral times but there were no restrictions. Councilman Camacho suggested it be laid over to give them time to consider it; by allowing this, land available for the working force would be taken for retired persons; he would rather see young families come into National City. Mr. Whittington said the property con- sisted of six acres, 600' frontage on 8th which goes back 400'; the land is rough and he did not know what Councilman Camacho had in mind for a working force; it was mainly designed for apartments, with C-2-P-D zoning; at the price they were paying, it could not possibly be purchased to put individual houses on. Moved by Camacho, seconded by Hogue, this item be tabled for fur- ther study. Motion failed by the following vote: Ayes: Camacho, Hogue. Nays: Colburn, Reid, Morgan. Vice Mayor Hogue stated if they permitted this they were opening the City to government subsidized projects for the aged and retired; they would defeat their past actions for a progressive, growing city; Mr. Whittington could build his project in Chula Vista where the City can ex- pand clear to the mountains. Mr. Whittington stated their apartments were not restricted to persons 62 years of age; a person of any age could live there, but if they did, they would have to pay the fair market rental. Councilman Camacho said he was aware of this but Mr. Whittington had not previously said this. Mr. Whittington said they were mainly designing the apartments for the elderly; each apartment must have a bell or buzzer in case something should happen so as to notify the main office; anyone can live in the apartments but to participate in the rent supplement program, they must be 62 years of age or older and must have a limited income. Mrs. Mary J. Chambers, 1318 E. 18th Street, was present and said she agreed with Nice Mayor Hogue and Councilman Camacho; once you accept Federal funding for any type of building, you have to accept anyone who wishes to move into the building from anyplace; you cannot discriminate. Vice Mayor Hogue inquired if the Manning Department had been approached for other types of structures like this. Director of Planning Stockman said she had received one other inquiry. Mayor Morgan said they could not discriminate against old and young; he felt this was something that would benefit the people who need help. Motion to adopt the resolution carri- ed by the following vote, to -wit: Ayes: Colburn, Reid, Morgan. Nays: Camacho, Hogue. The USE DISTRICT HEARING ON THE PROPOSED AMENDMENT TC ORDINAICE NO. 962 TO ES- TABLISH THE CRITERIA FOR CONTROL OF SERVICE STATIONS was held at this time (Certificate of Publication of notice of the hearing on file in the City Clerk's office.) Director of Planning Stockman stated the proposed ordinance places a service station under the requirement of a Planned Development Permit issued by the City Council upon recommendation of the Planning Commission prior to any construction; the Planning Commission can recommend and the City Council approve, disapprove or modify any plans prior to obtaining the building permit; it also provides the building site must contain 15,000 sq. ft. minimum, must have 100' frontage upon a dedicated street, all pump islands must be controll- ed and covered; 300 of the front of the building must be of aesthetic material; 5% of the building site must be landscaped and would have landscaped their parksays etc. Mrs. Stockman stated at the Planning Commission meeting a pro- test was received from Western Oil & Gas Association, which represents the major oil companies; they were concerned over any control of the number of service stations locating at a major intersection; (therefore the Planning Commission deleted "distance of 200' between service stations."); they also objected to the requirement of a Planned Development Permit; they were not opposed to improvement requirements but feel they should be cut and dried. 1/7/69 217 s. Stockman said an extensive survey was conducted by a local person who contacted Police Departments throughout the State of California and the con- tention was that the number of service stations did not add to traffic hazards within their community; the local Police Department concurred in this; the Fire Chief agreed some control should be placed on service stations but could find no specifics regarding their danger or cause for concern; the Chamber of Commerce protested any control over free enterprise and would oppose any type of control. Mrs. Stockman stated as it stood now, the ordinance being consid- ered would place service stations under the requirement of the issuance of a Planned Development Permit by the City Council upon the recommendation of the Planning Commission but does not place any distance between two service sta- tions or a service station and a school, residential or park area. Joseph Stransky, representing the Western Oil & Gas Association, 609 S. Grand, Los Angeles, was present and said his association was a general trade association for the oil industry in six western states; he attended the public hearing held by the Planning Commission; Section II of the proposed ordinance is bas- ically the only portion the industry would have some exception to; so far as establishing criteria for developing standards, they want to go on record that the industry was willing to cooperate; in Section II the wording, "may be per- mitted in the Commercial, Manufacturing and Industrial Zones," they would agree with, "but only in such location in the zones and under such conditions and methods of operation as in the opinion of the City Council would protect the public health, safety and general welfare", their contention was the opinion might be one opinion tonight and another one 6 months or 1 year from now as the composition of the Council changes; that means the property owner doesn't really know what the permitted uses are in the zone; he was sure they would not sign a "grandfather clause" that gave one of the signators the priv- ilege of changing his mind at some subsequent date; that was basically the rea- son they objected to the Conditional Use Permit; Mr. Stransky said if the cri- teria were spelled out in the ordinance it would be simple; however, when they got into the areas of opinion there was a question as to whether these laws could be administered consistently over a period. of time with a change of per- sonnel on the Planning Commission or Council; their only objection to the ord- inance was that consistency was impossible without having been made a matter of law. Councilman Colburn asked if Mr. Stransky had a recommendation for a change in Section II regarding "in the opinion of the City Council." Mr. Stransky said his recommendation would be to eliminate it; assuming Council's opinion would be right and proper today, would it be so of subsequent Coun- cils., Councilman Colburn inquired if this phraseology was discussed by the Planning Commission. Director of Planning Stockman replied she thought Pair. Stransky was opposing any type of requirement for a permit. Mr. Stransky said. it would just be the first paragraph of Section II. Mice Mayor Hogue inquired if this would pertain to the Redevelopment Area. Mrs. Stockman said she wasn't thinking of that area although it could very well fit into that area; at 24th and Highland there is a brick wall between a service station and a school yard; the children come out of school and walk blindly intc the drive- way of the service station. Mr. Stransky said they wculd agree with this re- garding the walls; as a matter of free choice they put up walls and fences in residential sections where there might be danger; there was also a setback for walls; however, they would not consider this a matter of substance; deny- ing the use of property would be a matter of substance. Councilman Colburn inquired if it would be possible to adopt the ordinance if the hearing was closed and eliminate the wording Mr. Stransky was referring to and still leave it reasonable. City Attorney McLean inquired if Councilman Colburn was asking if they could eliminate "but only in such locaticns..." to the end of that sentence. Councilman Colburn said he presumed that was what Mr. Stransky was talking about; he felt the work that has gone into this ordinance was neces- sary but it was not going to take care of the original intent which was to eliminate too many service stations grouping on street corners; the City Attorney advised them previously that some things they do they cannot expect the following Council to adhere to; some other Council might not understand this wording at a later date and rephrase it to their own benefit which might put a "monkey wrench" in certain wheels of progress. Ccuncilman Colburn said if the City Attorney recommended this be left in --that was the only way it wculd have any value --he wouldn't ask it be taken out. Mayor Morgan inquired if they could leave that out and it still be effective. City Attorney McLean 1/7/69 218 mid it would; the purport of the language to which the objection was made w the reserve right of the City Council based on consideration of health, safE:. and welfare to deny the issuance of a permit for gas stations on a particular site within the Commercial, Manufacturing or Industrial Zones; if the Council doesn't desire to attempt to retain that degree of control, they could take it out. Vice Mayor Hogue stated Mrs. Stockman gave a good example of why this type of language was necessary in the ordinance; he didn't think it was put in there with the idea of limiting the number of service stations but to control them as to whether they were dangerous to the welfare of children or something of health. Mayor Morgan said the ordinance spells out what the Council could say "no" to. Mr. Stransky said it would appear that way but he had attended many public hearings before City Councils; they just heard the words "public health, safety and general welfare" which you hear all the time; they have occasions when many socially necessary uses were denied on that basis. Coun- cilman Reid stated he thought this was a good ordinance; the Council had better have some control. Moved by Hogue, seconded by Reid, the hearing be closed and the ordinance referred to the City Attorney for first reading by title only. Mayor Morgan inquired what the vote was on the Planning Commiss- ion. Director of Planning Stockman said they voted unanimously to recommend the proposed criteria set forth for automobile service stations. Carried by unanimous vote. ORDINANCE , "An ordinance to amend the zoning ordinance to establish the criteria for the control of service stations." The HEARING TO DETERMINE WHETHER OR NOT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ISSUANCE OF FIVE ADDITIONAL TAXICAB PERMITS REQUESTED BY DIAMOND CAB COMPANY was held at this time. City Manager Osburn read a communication from Police Chief Cagle, dated October 31, 1958, regarding the letter from Mr. Lee Moore, owner of Diamond Cab Company. Vice Mayor Hogue said the letter stated "the one cab to 2,000 population will not be used as sane areas with little population (downtown) would need many cabs" and inquired if National City was being compared to downtown San Diego. City Manager Osburn said National City could be compared to San Diego and Rancho Bernardo; he was sure the cab use of the downtown area was much greater than it was in the residen- tial areas. Mr. Lee Moore, 784 Ash Street, Chula Vista, was present and said his request was made out of need; the Police Chief wanted to talk to him about citations issued for the things he told about in his letter; he received two of them and was convicted of them when no driver picked up a fare; he needed the permits to carry on his business; he was not interested in giving the City of National City $250.00 that he didn't have to give them. Mr. Moore said his company had the best cab service of anywnere in the world: five or six minutes was about it: normal waiting time in most towns was 20-40 min- utes; the fact that 60 cabs are licensed did not mean they had 60 cabs oper- ating here, it probably being closer to 24 or 26. Moved by Hogue, seconded by Camacho, the hearing be closed, the number of taxicabs licensed in National City be raised to 65 and Mr. Moore be given the right to these licenses. Councilman Reid said on weekends and holidays around National, 7th, 8th, Roose- velt, he wished the Council would drive there to see whether cr not they need- ed more cabs in the City; there was no need for more cabs in the City. Coun- cilman Camacho said he checked all the cab companies operating in National City; he called each of them and found the Yellow Cab Company was issued 20 licenses in the City and used approximately 3 cabs; the Carnation Company has 13 licenses and used approximately 5 to 8; the Radio Cab Company has 8 and used approximately 4; since these companies are not using what has been issued them, he did not see how they could deny Mr. Moore and his company, which he considered the bona fide taxicab company in National City; if he didn't need the additional permits he would not have asked for them. C. E. Stewart, Pres- ident of Carnation Cab Company, 152 Ebony Avenue, Imperial Beach, was present and said he was not present to protest the issuance of permits; neither he nor any representative of his company would protest the issuance of permits in any community; this is the responsibility of the Council to decide; with the labor problem, no cab company is filling every cab every shift. Mr. Stewart said he did not know where Councilman Camacho obtained his information about his company and inquired to whom he talked. Councilman Camacho said. he did not know to whom he talked but he told them he was making a survey as to 1/7/69 219 the use of their cabs in National City and was told they used between five and ight. Mr. Stewart said there were nights and days when they fill their thir teen permits and there are days and nights when they do not; he couldn't tell them the average runs and did not think anyone else could as he had not kept tab of that; his company was growing; they recently received five new cars and have three on order; it was quite possible someone gave Councilman Camacho wrong information. Mayor Morgan said the motion on the floor was to increase the licenses and inquired how many National City had licensed now. City Mana- ger Osburn said there were 50 licensed now. Mayor Morgan asked if San Diego had one for every 2,000 population. City Manager Osburn said that was true. Vice Mayor Hogue said that was not the way it had been explained; San Diego considers the density of the population; the report said they stick to the one per 2,000 population in sparsely populated areas but where there was more pop- ulation they allow more cabs in that area. Mayor Morgan said he would be happy to vote in favor of this if the drivers and cabs could be controlled in the downtown area; he drove facing west on 8th Street east of National Avenue Sunday evening and when he stopped at the stop sign there were seven Diamond Cabs in view; if there was some way they could have more cabs out and around at one time and not take all of the street there he would be happy to see if they could go along with the situation; so long as they had the traffic prob- lem they had at this time, he could not see increasing the number of permits. Motion failed by the following vote, to -wit: Ayes: Camacho, Hogue. Nays: Reid, Morgan. Abstaining: Colburn. ORDINANCE , "An ordinance amending Chapter 22 of the Municipal Code relat- ing to business license rates," was presented for the first reading. City Clerk Minogue stated Mr. Harry E. Florentine (representative of the San Diego Tavern & Restaurant Association) would be unable to be present due to illness. Mayor Morgan inquired if the ordinance separates where they specialize in food against where they only serve 18 year olds and older cr 21 year olds. City Attorney McLean said it does not separate that. Moved by Morgan, they adopt this ordinance for the first reading and exclude the beer bars and cocktail lounges at this time and the City Manager and City Attorney give the Council a recommendation on the beer bars and cocktail lounges. Motion died for lack of second. Moved by Hogue, the ordinance be presented by title only for the first reading. Motion died for lack of second. Donald Torbett, 2316 Highland Avenue, was present and inquired if the ordinance was brought up again in the future would notices be sent out. City Attorney McLean said that was not re- quired; this was the purpose for reading an ordinance twice. Mike Dini stated he appreciated their trying to separate the food bars and restaurant operations but he thought that would be a gesture toward discrimination; he felt there were other ways to take care of the problem and not by raising fees against one particular group. Mayor Morgan stated he thought it was a good ordinance; the Mayor and Council should know what goes on in places where they serve 21 year olds and older; he saw nothing wrong with the ordinance except he thought they didn't have any business to send the police into places that handle food and welcome people in as families. Vice Mayor Hogue inquired if the Mayor considered having the City Attorney re -write the ordinance. Mayor Morgan said that was what he had in mind; the ordinance would be back on the Agenda next week and it will exclude the places that specialize in food. Roger Schei, 2232 I Avenue, was present and asked the Mayor if he knew of any particular places that axe serving anyone under 21 years of age; anyone who does this is putting his license in jeopardy; he felt in excluding the restaurant part of the ordinance they were discriminating; 95% of all renewals, licenses and fines were returned to National City with 5% going to the State; a few meet- ings ago Councilman Colburn suggested if Paris Theatre and a wrecking yard on 24th Street did not need a business license there was no reason for any other business in National City to get a business license. Mayor Morgan said it was mentioned previously the City received 95%; the City never received the check and directed the City Manager to inquire about it; the only thing in the National City budget for liquor licenses was $16,000.00; yet in the evening and during the graveyard shift these places have the exclusive use of the Police Department. The Mayor stated his son when underage went into one of these places with 5 or 6 others; a guard checked all of them but his son who was the only one under 21 at the time. Mr. Schei said he realized mistakes were made but he did not see why the Police had the right to go into places 1/7/69 220 -are people are being entertained; when the police come into your bar, the people get scared and walk out which hurts business; he could see no reason for them to come into their business unless caller.. i•ir. Mike Dini stated the case mentioned by the Mayor in regard to his son might be an isolated case; he suggested the liquor stores also be considered in the ordinance. CITY ATTORNEY McLEAN reported one of the police officers was injured in an automobile accident while on duty; the person with whom he collided was unin- sured; his attorney has an opportunity to settle this case if the State Work - mans Compensation Fund and the City of National City will agree to reduce their claims by 600. Councilman Reid inquired what the City Attorney recommen- ded. City Attorney McLean said in his opinion the City was not going to get blood out of a stone, so to speak; he interviewed the driver of the automobile right after the accident and checked into his employment and what his income was and what his expenses were; he was satisfied if the City got a judgment for $480.00 they would never collect it; he doesn't have anything; he has been able to accumulate $1930.00 to try and pay everybody off which he felt was economically as well as they were going to do. Councilman Colburn inquired if it would be possible through Court action and agreement to have the responsi- ble party work out anything at the Police Department, such as cleaning vehic- les, etc., on Saturdays to make up the deficit. The City Attorney said he had not raised that question with the other driver's attorney; as a practical mat- ter it was a hard problem to enforce. Moved by Reid, seconded by Colburn, the City Attorney's recommendation be accepted. Vice Mayor Hogue said he was against the motion; this will be permitting this person to slide and he would be permitted to keep his driver's license; if the man is interested in making restitution, then let him face his obligation by working it out. Councilman Colburn said he reluctantly seconded the motion because he felt that was the only alternative; if he raised $1900.00 he certainly could have found insur- ance for that amount of money; he does have a responsibility; perhaps instead of taking any action it could be referred back to the City Attorney for further report on the possibility of working cut an agreement. Moved by Colburn, seconded by Hogue, this item be referred to the City Attorney for a further report regarding the possibility of having this obligation filled by a work- out agreement. Carried by unanimous vote. CITY ATTORNEY McLEAN stated Mr. (Floyd) Hicks had a time extension on his de- molition which ran out tonight; Mr. Hicks called him today and said he hadn't finished the work. Vice Mayor Hogue said it had been extended before when they shouldn't have because the building was declared unsafe for public use. Councilman Camacho said he had made a motion there was no need for Mr. Hicks to come back for another extension. Councilman Colburn said if Mr. Hicks lock- ed his door according to the agreement of October 1, 1968 and made progressive steps towards removing the items inside the building and preparing for his demolition, he could still proceed with construction of his new building. City Attorney McLean said Mr. Groeschel also wanted to stay in business in the old location until the new ones were ready; that was the basis upon which they had made their various requests for time. Mayor Morgan said he did not see why the Council couldn't go along with a 30-day extension; a motion to close down the business will hurt him. Moved by Mcrgan, seconded by Reid, an exten- sion of time to the 7th day of February be ranted. Carried by the following vote, to -wit: Eyes: Cclburn, Reid, Morgan. Nays: Camacho, Hogue. BILLS AUDITED 3Y THE FINANCE COMMITTE= were presented: General Fund $12,591.61 Traffic Safety 8,125.64 Park 362.83 Sewer 86,293.23 Civic Center 59.83 Total $107,433.14 Moved b Camacho, seconded by Colburn, the bills be approved and warrants ordered for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue,'Reid, Morgan. Nays: None. 1/7/69 221 :','ROLL AUDITED BY THE FINANCE COM'4ITTEE in the amount of $79,755.31 was pre- :,ented. Moved by .Reid, seconded by Camacho, the payroll be approved and war- rants ordered drawn for same. Carrie-' by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. CITY ENGINEER FOSTER reported the result of bids received by the County for the improvement of 30th Street from B Avenue to I Avenue: Bids were opened January 2, 1959 at 2:00 p.m. Griffith Company, $95,563.40; V. R. Dennis $90,938.80; T. B. Penick, $89,978.20; Daley Corporation, $87,827.36; the esti- mate was $90,159.00 with the low bid being 21/2% below the estimate; the City's share is $32,232.64. City Manager Osburn requested permission to pay the County $32,232.64 for the City's share of the construction of 30th Street from B Avenue to I Avenue. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. A Petition for the improvement of Pleasant Lane, 8th to loth Street, was pre- sented. Moved by Hogue, seconded by Colburn, the petition be accepted and referred to the City Engineer, City Attorney and City I1anager. Carried by unanimous vote. Applications for taxicab permits: (a) CLYDE HOGUE, 1 taxicab; (b) CARNATION CAB COMPANY, 13 taxicabs (Certificates of Insurance submitted with both appli- cations), were presented. Moved by Colburn, seconded by Hogue, issuance of the permits be approved. Carried by unanimous vote. An application for refund of a $25.00 performance bond by MICKEY M. KITAGAWA, 712 E. 18th Street, was presented. Moved by Colburn, seconded by Hogue, the refund be approved and warrant be drawn for same. Carried by unanimous vote. A communication from the STATE COMPENSATION INlSURANCE FUND in regard to bene- fit increases effective January 1st, was presented. Ordered filed by unani- mous vote. A summary of the minutes of the LIBRARY BOARD OF TRUSTEES meeting of December 4th, was presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN requested permission to update our title reports and hire an appraiser to appraise the rights of way necessary for the widening and im- proving of Division Street from Highland Avenue east to the vicinity of Palm Avenue. Moved by Hogue, seconded by Reid, the City Manager's request be grant- ed. Carried by unanimous vote. CITY MANAGER OSBURN said the gentleman who was constructing King Kastle at the Plaza had communicated with him several times; he talked to the lady in the South Bay Plaza office and on her explanation he thought he understood the problems a little better; the land he has leased does not include the area coming up to ?laza Boulevard; however, it was standard procedure in the Plaza not to lease the parking lot; they only lease the building site; this gentle- man wants to cut a driveway into Plaza Boulevard to supplement the traffic in and out of the hamburger stand. Moved by Colburn, seconded by Camacho, the request be granted and the City Manager be authorized to communicate with the Plaza Corporation, notifying them that because of the over $2500.00 improve- ment on their property they are responsible for putting in the sidewalk. City Manager Osburn said the gentleman who built the building leased the land from the Plaza and the person with the franchise to run the buisness installed the sign, valued at $1500.00 on the permit (the Building Department's evaluation). City Attorney McLean said he thought the most practical way to handle it was to grant his application contingent upon the South Bay Plaza writing the City a letter stating they will commence the construction of sidewalks. Included in motion and second. Mr. Fantazoplus, 2968 Washington Street, Lemon Grove, was present and said City ordinance says a $2500.00 improvement requires in- stallation of sidewalks; they did that on their leased property; on the front- age they do not have a $2500.00 improvement the City having put a $1600.00 value on the sign, so how could the driveway be contingent...the reason he was bringing this up was because he knew the Plaza would not put the sidewalk 1/7/6g 222 in. Councilman Colburn stated the intent of the motion was to allow Mr. Pant- azoplus to cut his driveway and open his business until the City could nego- tiate with the Plaza, reminding them cf their obligation as the owner of the property; the building has been built and the City feels someone was responsi- ble; if they don't stick with these rules they will end up with businesses and no sidewalks; asphalt driveway paving was not considered a walking type sidewalk. Mr. Pantazoplus inquired if he was right in thinking the permit was contingent on the Plaza putting in the sidewalk. City Attorney McLean stated the motion was to allow Mr. Pantazoplus to open if the City receives a written promise from the South Bay Plaza to install sidewalks. Motion carried by unan- imous vote. Vice Mayor Hogue inquired how the permit to build the property was obtained without knowing they had to build the sidewalks for the entire property. Directcr of Planning Stockman said the building permit was issued with the Planning Commission against it; he would have to install sidewalks; he went before the Planning Commission and asked for a waiver of the sidewalks; at that time the Planning Commission recommended denial of the request and re- quire he put in his sidewalks on L Avenue and on the exterior side; he then went before the City Council which upheld the denial. Mayor Morgan suggested the City Manager work out a plan with the City Engineer and the Planner that when they approve plans which do not include sidewalks and curbs, they be told sidewalks and curbs are expected to be on the plans; then they will know at the time they take out the building permit they will have to put in the side- walks. CITY MANAGER OSBURN reported receipt of a request from Mr. Camblin to move a house from 2126 Grove to 2210 E. 22nd Street; thc- value of the house is in excess of $16,000.00; Mr. Camblin is willing to put in 100 lineal feet of curbs, gutters and sidewalks and will sign a covenant running with the land he will not protest a 1911 Act or street improvement in that area in the future. Moved by Hogue, seconded by Camacho, the request be granted with these stipulations. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a report from City Engineer Foster that the City was in urgent need of a right of way on 20th and La Siesta Way and requested permission to proceed with condemnation proceedings on this pro- perty (just enough for the right of way) for the 1911 Act in that area. Moved by Camacho, seconded by Colburn, the City Engineer's request be granted. Carried by unanimous vote. CITY MANAGER 06BUR;N stated 15 applications were screened for the position of Assistant City Manager; the examination was held January 6th; seven people were scheduled with only five showing up for the exam; Mr. Parks was high on the exam. The City Manager recommended Mr. Parks be hired as Assistant City Manager at Range 3912, Step C, effective January 7th. Moved by Colburn, second- ed by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a notice from the San Diego Gas & Electric Company our undergrounding funds for 1)68 will be carried forward to subsequent years for projects. CITY CLERK MINOGUE stated the Affidavit of Mailing the Resolution Establishing Underground Utility District No. 1 to all persons owning real property within the District was on file and the resolution recorded with the County Recorder. CITY CLERK MINOGUE reported receipt of communications received from the follow- ing indicating they have adcpted resolutions in regard to closing of the Mex- ican -American border to unaccompanied minors: Roseville and Petaluma. CITY CLERK MINOGUE reperted receipt of San Diego County Water Authority State- ment of Change of Boundary (National City boundary unchanged) which was on file. DIRECTOR OF PLANNING STOCKMAN reported the request cf C. L. Arnold for excep- tion from Condition No. 22 of the tentative map of the 0. D. Arnold Subdivi- sion to permit a single car garage on Lot 8 failed to gain the approval of the 1/7/69 22? Planning Commission; Mr. Arnold was now requesting the City Council to permii. him to build on this one piece of ground a dwelling of 810 sq. ft. in area and a 13' wide one -car garage; this would mean a change in the resolution in Condition No. 22. Mayor Morgan inquired if would be the only dwelling having the one -car garage. Mrs. Stockman said it would be the only one; the only way a two -car garage could be put in ";ould be b' building over the garage or build over the fill; she felt the one -car garage would be the best solution to the problem. Moved by Hogue, seconded by Reid, the Planning Commission decision be overruled and this request be granted. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission recommended the application for Zone Variance No. Z-56 to operate or build an old age home or convalescent hospital at 2112 E. 9th Street in an R-2, Two -Family Residence Zone, be denied. Moved by Colburn, seconded by Camacho, the application be denied. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission recommended the application for Zone Variance ?do. "Z-59 for reduction in rear yard setback from 25' to 21' at 2503 E. 4th Street, R-1, Single Family Residence Zone, be approved. Moved by Colburn, seconded by Camacho, the application be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Flanninn Commission recommended the application for Zone Variance No. Z-60 tc expand the existing trailer park facilities at 610 Arcadia Avenue, R-4, Multiple .Famiy Residence Zone be ap- proved to expand the facilities 35 spaces subject to six conditions and/or restrictions. Moved by Colburn, seconded by Hogue, the request be approved and the six stipulations be adhered to. Carried by unanimous vote. MAYOR MORGAN stated listed on the Agenda were Items a. (Recommendation City initiated Zone Change No. C-50 for reclassification of City owned properties presently zoned R-4, Multiple Family Residence Zone, to C-4, Wholesale Comr:*er- cial Zone, to facilitate the relocation cf the Department of Public Works be set for public hearing; February 4th recommended hearing date); b. (Recommen- dation application for Zone Change C-51 for proposed amendment to Zoning Ordi- nance No. 962 to establish regulation of the sale of gasoline as an incidental use be set for public hearing; recommended hearing date February 4th); c. (Recommendation application for Zone Variance No. Z-61 to reduce front yard setback from 4' to 0' at 1331 Harding Avenue, M-2, Light Manufacturing Zone, be placed on the Agenda of January 28th); d. (Recommendation application for Zone Variance No. Z-52 to reduce rear yard setback from 25' to 16'8" at 2707 E. 4th Street, R-1, Single Family Residence Zone, be placed on the Agenda of January 28th); e. (Recommendation application for Zone Variance No. Z-63 Lots 1 - 234, Sweetwater Heights Subdivision, be placed on the Agenda of January 28th); f. (Recommendation application for Zone Variance No. Z-64 to reduce the rear yard setback from 25' to 20' at 2708 E. 2nd Street, R-1, Single Family Residence Zone, be placed on the Agenda of January 26th); all of these are for setting hearing dates. Moved by Hogue, seconded by Colburn, Items a through f listed on the Agenda under the reeort of the Director of Planniu be set for hearing on the suggested dates. Carried by unanimous vote. Moved by Camacho, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:25 p.m. ATTEST: CITY CLERK _�yLLCY L?1II" MAYOR, CIT_ vF iIATTONAL CITY, CALIFORNIA 1/7/69