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HomeMy WebLinkAbout1969 01-14 CC MIN224 ;MINUTES OF THE REGULAR rv:3S;Ii'IG OF THE CITY COUNCIL OF THE CITY OF NATIC•i'AL CITY, CALIFORNIA January 14, '..• The regular meeting of the City Council of the Oily of National City was call- ed to order at 7:30 p.m. by Mayor Morgan. Counci_ members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Foster, »icLean, Minogue, Osburn, Parks. The meeting was opened with salute to the Flag led by City Manager Osburn fol- lowed with invocation by the Reverend Dwight Gladieux, First Christian Church. Moved by Colburn, seconded by Camacho, the minutes of the regular meeting of January 7, 1969 be approved. Carried by unanimous vote. VICE MAYOR HOGUE inquired if State law required businesses selling food "to go" to collect sales tax. City Attorney McLean stated he did not know. Vice Mayor Hogue said he was told some were charging the tax and it was believed if the food was consumed off the premises there should be no tax. City Attorney McLean said he would contact the local agent of the Franchise Tax Board and obtain an opinion on it. Vice Mayor Hogue stated the business might retain the money (which could accumulate into quite a sum); if Council feels this is a problem, they could recommend to State Legislature or take it upon them- selves to let the people know they do net have to pay the tax; if Council does not think this is the solution, they could urge the Legislature put a tax on all food whether or not it was consumed on the premises. Councilman Colburn said he thought the law states that in food businesses where there are no seat- ing facilities inside but a few benches on the property and a place to park your car the tax should be charged. COUNCILMAN COLBURN stated the week of February 7 - 13, 1i69 was "Boy Scout Week" and requested the City Manager prepare a proclamation and send a letter to the scout troops in National City so there will be scouts in attendance at Council meeting when the proclamation was read. Mayor Morgan instructed the City Manager to send out the letters to the boy scout troops. VICE MAYOR HOGUE stated it was brought to his attention the quality of the mer- chandise offered to citizens of the community and other shoppers at the Plaza was depreciating; he suggested a resolution be sent to the major stores in the shopping center to bring to their attention National City was a progressive city and would like the merchants to service the people with different types of merchandise so that all people might be served and not just a certain class. The Vice Mayor asked the Council to think about this and he would bring it up again next week. COUNCILMAN CAMACHO inquired about the delay in receiving the new fire engine. City Manager Osburn said the last report he received was that we would receive it in January; the delay was due to a strike at American LaFrance; he would check tomorrow (January 15th) to see if he could obtain more information as to its delivery date. COUNCILMAN REID stated he was confused about Kin;, Xastle and inquired how they got the final (inspection) and could operate the business when there was no decision about the installation of sidewalks on Plaza Blvd.; when a citizen wanted a "final", it was not given until they agreed on this. Councilman Raid said on L Avenue there was about 100'x2' strip in the west travel lane which was dug up from the car wash that just had a "temporary" put on it; dirt was coming through and it was high in some places; twice he asked this be checked but nothing was done. Vice Mayor Hogue said he agreed with Mr. Reid; last week the gentleman (Mr. Pantazoplus, 2968 Washington Street, Lemon Grove) was here requesting permission to open King Kastle; it was his understanding they voted to allow the business to open if an agreement was worked out with the owners of the Plaza to install the sidewalks within a certain length of time; 1/14/69 225 ee business was open and he would like to know why in view of the Council's requirement. City Manager Osburn stated he wrote to Mr. Garrett of the Sout, Bay Plaza; he received no answer from Yi_m; he wasn't aware King Kastle had opened; he wound check into it. Assistant Cite :Manager Parks stated this oc- curred in December while City Manger "spurn was on vacation; the question was raised, "could the builder, Mr. Wermera get final inspection (of the King Kastle building)"; as Acting Tanager he said they could give a final inspection; the requirements for that construction provided for sidewalks on L Avenue but did not provide for sidewalks on Plaza; the question of sidewalks on Plaza was raised when they later requested permission for a driveway on Flaza; they were told they could have the driveway provided they install side- walks on Plaza; this was completely separate from the building permit for the hamburger stand and the provisions thereof. Mr. Parks said there was no rea- son to hold up the inspection as all of the terms for the issuance of the building permit had been met; namely, the construction of curbs, gutters, sidewalks, etc. on L Avenue. Councilman Reid said in other words, the sign outside of King Kastle did not belong to it. Assistant City Manager Parks said this was what Mr. Wermers said: the sign was installed by the lessee; Mr. Wermers built the building and was leasing it to the King Kastle chain; it was his (Mr. Parks') original contention it was a package deal and they should have had sidewalks all the way around; however, the building permit said side- walks on L Avenue; this was how they got the final inspection. Councilman Reid said the City was to blame; if the City issued the permit that way, then they should not complain. Mayor Morgan said the <entleman came before the Council four or five times and every time the Council vcted he put in the side- walks on Plaza Boulevard; so far as he was concerned, he expected him to put in sidewalks. Assistant City Manager Parks said when he requested a driveway, he was told he could have the curb cut if he put in the sidewalks; the gentle- man came to you and said if Council wanted him to put in sidewalks on Plaza, forget the driveway. Vice Mayor Hogue stated last week they told Mr. Panta- zoplus the business could open and he could build his driveway with the under- standing the City would negotiate with the ?laza as to the building of the sidewalk; he felt that anytime the Council questioned anything, the license should be held up until Council decided exactly what should be done; the ad- ministration should not take the initiative and issue the license. Councilman Colburn said he made the motion the previous week and was fully aware of the gentleman's request; he understood the building permit was issued based on the requirement the sidewalks would go in on L Avenue and he was requesting the driveway; at the time this request was made, the question of sidewalks on Plaza came up; the intent of the motion last week was tc make no authorization as to his opening day as long as he had final plans approved on his building; he could not see where the City could complain about the business being open; he thought it was based upon if he ever cut the driveway, the sidewalks would go with it. [loved by Morgan, seconded by Reid, the problem of sidewalks on Plaza Boulevard and L Avenue be turned over tc the City Attorney and he have the authority to get sidewalks on Plaza Boulevard in frcnt of this business. Councilman Colburn said he was against the motion as Council had already auth- orized the City Manager to work out the agreement necessary for sidewalks on Plaza. Mayor Morgan said there seemed to be some confusion on just what the Council meant to be done and he was trying to clear up the confusion. Council- man Camacho said they should wait until City Manager Csburn gave them a report on his request to Mr. Garrett. Motion and second withdrawn. Vice Mayor Hogue inquired if the business would be permitted to stay open if the Flaza did not install the sidewalks. City Manager Osburn said this would be up to the City Attorney. Moved by Reid, seconded by Colburn, the City Attorney check the pathway off of Cherry Blossom Street where it has been for eight years to see if it was legal to do that, to see if there can be a gate left open there. Carried by unani- mcus vote. MAYOR MORGAN recommended the Traffic Safety Committee check all four -lane roads in National City to ascertain the desirability of changing the speed limit from 25 m.p.h. to 35 m.p.h. and give a report to Council. Moved by Colburn, seconded by Camacho, the Mayor's recommendation be approved. Carried by unan- imous vote. 1/14/69 226 -._.LOR MORGAN stated Texaco installed a new sign at their business on 24th an..: Highland and there was a pole on the corner blocking the sign; he asked the City Manager tc check with the telephone company as to the possibility of ma.- ing arrangements to move the pole to a place tat would not block the view of the sign. MAYOR i✓iORGAN suggested they vary from the Agenda and go to the business regard- ing the Library. Moved by Hogue, seconded by Reid, Council go to the business of the Library at this time. Carried by unanimous vote. CITY CLERK MINOGUE read the summary of the minutes of the Library Board of Trustees meeting of January 8, 1959. Moved by Colburn, seconded by Hogue, Item 1 (Summary of the minutes of the Library Board of Trustees meeting cf January 8th) be filed. Carried by unanimous vote. At this time Council considered the plans for the Library additicn. Moved by Hogue, seconded by Camacho, the plans he accepted. Walter Fujimoto, Bird, Fujimoto and Fish, 2550 5th Avenue, San Diego, was present and displayed the drawings for the Library addition and explained them. `Dice Mayor Hogue in- quired if the proposed addition was to be of the same type of architecture as the present building. fair. Fujimoto said basically it would be. Councilman Camacho inquired if there had been any change as to what had been allocated. City Manager Csburn said he did not believe they could answer this question as yet; most of the public entities have been having trouble with prices o❑ con- struction; San Diego recently threw out bids 60% over their estimate and National City had something similar happen en the park utility building; at this time the estimate is still within the City's financial capabilities. Vice Mayor Hogue inquired if more personnel would be required. City Manager Osburn said he did not believe it had been determined at this time; it would be designed so that the person at the present desk could supervise the entire Library upstairs; they may need another technical person in the Library but the supervisor standing behind the desk would be able tc see the entire Library wing. Carlie Meyer, Librarian, 509 J Avenue, was present and said there would definitely be an increase in staff, perhaps one professional and two library assistants or even a few clerks may be needed. Miss Meyer went to the draw- ing and pointed out where the persons would be used. Vice Mayor Hogue stated he lived in the eastern part of town some distance from the Library; it is in- convenient for children living there to get to the Library; he believed the Library should be extended by having an annex in another part of the City; however, at this time there is not sufficient money to build such a Library. Motion to accept the plans carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, ?Morgan. Nays: Colburn. The proposed PROCLAMATION of "JAYCEE WEEK" (January 19 - 25, 1969) was read. Moved by Colburn, seconded by Reid, the proclamation be approved. Carried by unanimous vote. MAYOR MORGAN thanked the Library staff, board and architect for being present. Mrs. Thelma Hollingsworth, (Library Board of Trustees) 530 E. 12th Street, was present and thanked the Council for approving the new addition to the Library. Moved by Hogue, seconded by Camacho, the seven resolutions listed on the Agenda be read by title. Councilman Colburn stated he would like to have the 7th resolution read in full. Moved by Hogue, seconded by Camacho, the first six resolutions listed on the Agenda be read by title. Carried by unanimous vote. RESOLUTION NO. 9733, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (20th Street and La Siesta)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NC. 9734, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of 20th Street)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 1/14/69 227 ..SOLUTION NO. 5735, "RESOLUTION AMENDING ?'MICR APP;RO.'AL OF TENTATIVE MAP, C . ARNOLD SUBDIVISION." Moved by Reid, seconded by Colburn, the Resolution • adopted. Carried by unanimous vote. RESOLUTION NO. 9736, "RESOLUTION NO. 962 (Zone Variance 19c. Z-58, seconded by Reid, GRANTING ZCi 3 7ARIAi Cc PURSUANT TO ORDINANCE 2616 14th Street)." Moved by Colburn, the Resolution be adopter. Carried by unanimous vote. RESOLUTION NO. 9737, "RESOLUTION NO. 962 (Zone Variance No. Z-59, ed by Camacho, GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE 2503 E. 4th Street)." Moved by Reid, second - the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9738, (Tabled by Council action later in the meeting) "RE3SOLU- GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 562 (Zone Variance Z-60, Par- adise Valley Sanitarium and Hospital)." Moved by Camacho, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9739, ""RESOLUTION DECLARING FISH CANNERIES A NUISANCE," was read. Moved by Camacho, seccnded by Hogue, the Resolution be adopted. Coun- cilman Colburn suggested the resolution include if the owner of any fish can- nery was to make application to locate in National City and prove that noxious odors would not prevail, it would be considered.. Vice Mayor Hogue stated the point of the resolution was that the City lid not want that type of industry; the resolution would make people aware of it; however, if such a company was interested in locating here they could bring the type of proof that Councilman Colburn spoke of and if the Council approved, the resclution could be rescind- ed. Councilman Colburn said this resolution would give a black eye to a par- ticular industry and its employees. Motion carries: by the following vote, to - wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. MAYOR MORGAN stated Paradise Valley Hospital requested Council to waive the requirement of a review of their zone variance every two years and inquired if this was included in the resolution (Resolution No. '737). City Attorney Mc- Lean replied the resclution presented carried cut the Planning Commission rec- ommendation to review the variance every two years. Moved by Morgan, seconded by Colburn, the part requiring the review of the variance every two years be taken out of the resolution. `Dice Mayor Hogue stated he would rather wait until he heard the Planning Commission's reason for putting this in there. Moved by Hogue, the "Resolution Granting Zone Variance Pursuant to Ordinance No. 962 (Zone Variance Z-60, Paradise Valley Sanitarium and Hospital)" be tabled until next week. Motion died for lack of second. Councilman Colburn said Mrs. Stockman indicated she did not feel it would hurt; it was a legiti- mate request from Pair. Rice (Administrator of the Paradise Valley Hospital). City Manager Osburn stated he did not know of any urgency regarding the matter. Moved by Hogue, seconded by Colburn, this item and the action on the Resolu- tion be tabled until next week when the City Planner was present in order to ask her why she put the requirement in the zone variance. Carried by the fol- lowing vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan. ORDINANCE NO. , "An ordinance amending Chapter 22 of the Municipal Code relating to business license rates," was presented for the first reading. Moved by Colburn, seconded by Camacho, the Ordinance be read by title. Vice Mayor Hcgue said the re -written ordinance was not what he understood it was to be; he thought it would exclude beer bars and cocktail lounges where families would go; ever since he had been on the Council it had been indicated the costs for Police surveillance of these businesses exceed their revenue to the City; before acting en this ordinance, there should be a report from the administra- tion, including the Chief of Police, on the cost of police surveillance to the businesses in question; he would not be in favor of excluding the beer bars and the cocktail lounges as excluded in the ordinance; he would hope the study would include the police costs to beer bars and cocktail lounges. Roger Schei, 2232 I Avenue, was present and said he owned a cocktail lounge on 23rd and Highland and inquired if this excluded the fees for the beer bars and cocktail lounges. The Mayor said it did. Mr. Schei quoted figures regarding this type of businesses within the City and said the City received $57,019.00. Vice 1/14/69 228 -.yor Hogue suggested the Council consider whether or not they should incluc ur exclude the businesses deleted from the originally proposed ordinance. i tion to read the Ordinance by title carried by unanimous vote. The title was read. Moved by Morgan, seconded by Reid, the City Attorney and the City Manager be authorized to review all of the licenses within the City of National City. Vice Mayor Hogue inquired the purpose for this. Mayor Morgan stated all of the licenses in National City should be studied, including the beer and cock- tail lounges, and especially the ones in the large income category. Council- man Colburn inquired how long it had been since they had a license revision. City Manager Osburn said there was one in 1965. Carried by unanimous vote. ORDINANCE NO. 1213, "AN ORDINANCE TO AMEND THE ZONING ORDINANCE TO ESTABLISH THE CRITERIA FOR THE CONTROL OF SERVICE STATIONS," was presented for the second reading. Moved by Colburn, seconded by Camacho, the ordinance be read by title. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Hogue, the ordinance be adopted. .tarried by unanimous vote. A communication from the DIVISION OF HIGHWAYS stating the pedestrian over - crossing on Route 805 near 22nd Street was approved and requesting Council to adopt a resolution governing the control and maintenance of the pedestrian facility (sample resolution attached to the Agenda), was presented. Moved by Colburn, seconded by Camacho, the report be accepted and filed and the recom- mendation regarding the resolution be approved. Carried by unanimous vote. A communication from HELEN COBS, CHAIRMAN, SAN DIEGO CITY COUNCIL LEGISLATIVE COMMITTEE, outlining the operation of San Diego's border juvenile check sta- tion and requesting help in San Diego's efforts to provide a juvenile delin- quency prevention program at the border, was presented. Ordered filed by unanimous vote. The application of LEE MOORE, DIAMOND CAB CO., for 18 taxicab permits (Certif- icate of Insurance on file), was presented. i"cved by Hogue, seconded by Reid, the permits be approved. Councilman Camacho said the Council denied Mr. Moore's request for five additional licenses; perhaps something could be work- ed out with Mr. Moore (such as keeping his cabs in a designated area) and Council could grant him the five medallions. Mayor Morgan requested Council- man Camacho and the Police Chief to work on this and bring back a report to Council. Carried by unanimous vote. The request of the DIRECTOR OF PUBLIC WORKS that an equipment maintenance mechanic be hired on a 90-day basis, was presented. Moved by Hogue, seconded by Reid, the request be granted. Carried by unanimous vote. Approval of step increases for eligible employees (all approved by the depart- ment head and City Manager): Wayne Seyfert, Clyde Wilson, Police Department; Donald De Bus, Lawrence 3ourgerie, Donald Spickard, Public Works, were present- ed. Moved by Camacho, seconded by Reid, the step increases be approved. Carried by unanimous vote. A communication from. the CITY MANAGER filing four items with the City Clerk (No Council Action Necessary), was presented: (1) Letter from City Engineer Harold C. Foster, dated 12/24/68 to the City Council; Subject, Petition fcr the Improvement of Pleasant Lane, 8th Street to 10th_ Street; (2) Letter from San Diego County Water Authority, dated 1/2/69 with tabulation showing changes in quantity of water stored in San Vicente Reservoir as of 12/31/68 and aver- age monthly water deliveries in c.f.s. by the Authority to member agencies for fiscal year 1968-69 - 12/31/68; (3) Letter from San Diego County Water Author- ity, dated 1/3/69, listing committee meetings scheduled; (4) Letter from San Diego County Water Authority, dated 12/18/68; Subject, Service Connections to San Diego Aqueducts. CITY MANAGER CSBURN reported receipt of a request for an overwidth driveway by the Zellerbach Paper Company for a 64' driveway, located 182' south of the NE corner of their property (19th and Haffly Ave.); this will be brought before the Council again next week. 1/14/69 229 Y MANAGER OSBURN reported receipt of a request for an overwidth driveway ' drs. Elsa Thompson, owner of property at the corner of 17th and Palm; she ie requesting a 60' driveway for 6 off-street parkin] places for a new 4-unit apartment to be constructed on this site; this will take all of her frontage except for 10' for curb return; the street is under construction now. Moved. by Camacho, seconded by Colburn, the request oz cc,ranted. Carried by unanimous vote: CITY MANAGER OSBURN reported receipt of a request for an oversized driveway by Stanley Dodge en a new section of street going in on A Avenue from 28th to 30th Streets; Mr. Stanley informed them by telephone the 98' driveway was nec- essary to accommodate large truck repair stalls which will be elevated to the A Avenue grade; also, a 76' driveway needed for a future body shop; he is ask- ing for a total of 42% of his frontage in driveway although the ordinance allows but 40%. The City Manager recommended the oversized driveway be permit- ted because it results in most of the driveway activity being removed from National Avenue. Moved by Camacho, seconded by Colburn, the request be grant- ed. Carried by unanimous vote. CITY MANAGER OSBURN stated he and City Eng:_neer roster were in contact with Mr. Martin Bowman of Alien Voorhees 3 Associates in relation to a communication received from the League of California Cities; approximately one million dollars was made available to cities on a non -matching basis for traffic safe- ty and improvements. The City Manager requested permission to proceed with an application for $90,000. - $100,000. of this money; he would report in the near future on the cost of the portion of this to be used to pay a consultant (Mr. Bowman) to make a study of the following conditions: traffic signals at high accident locations; inventory, review and upgrading traffic signs and markings; high level signing and visibility of name signs on major streets; improved pedestrian safety facilities at areas of needed corner cut -backs; elimination of hazards for horizontal and vertical curves or other sight dis- tance obstructions; elimination of hazards at school crossings and railroad crossing protection. The City Manager said this was grant money and they were not certain they would get it; what he was requesting was permission to submit a memorandum type application. moved by Hogue, seconded by Camacho, the re- quest be granted. Carried by unanimous vote. CITY MANAGER OSEURN stated he wrote a letter to the Mayor and Council regard- ing the construction on 8th Street from the railroad to K Avenue: ("...receive a new estimate of the cost of underground utilities on 8th Street within the next few days, and respectfully request permission to co to bid as soon as this estimate is approved or rejected. The utility companies will require 90 days for planning and construction...If we can cffer this schedule to the utility companies in the near future they will be able to do most underground work and patch the street, if necessary, to accommodate the Maytime Band Review. Under this scheduling, construction of 8th Street could; start shortly after the May - time Band Review.") iir. Osburn said the figures referred to in the first para- graph were received today; there would be enough money in the City's alloca- tion for undergrounding utilities for last year's and this year's budget, to leave the cost of $16,581.00 plus about $10,000.00 for patching and street work to be done by City crews; however, if they decide to underground the util- ities, there will be a minimum delay of six months to eight months before they could get started; the district would have to agree unanimously to underground- ing the utilities at this time because each property owner would be charged for connection of his own electrical equipment. Moved by Morgan, seconded by Camacho, the City go to bid now on 8th Street. Councilman Colburn asked if it was correct now that the undergrounding of utilities would not go on 8th Street. City Manager Osburn replied that was correct. Councilman Colburn said it was hard to believe that when planning was going on on the widening of University everyone on that street agreed 100% to the undergrounding of utili- ties; they must have included the undergroundino of utilities in the 1911 Act; now the Council was advised they could not include the undergrounding of util- ities on 8th Street unless there was 100% participation and it was possible. Councilman Colburn suggested this be referred to the City Manager for a report on how to include the undergrounding with the 1911 Act, even if it meant an increase in the City's participation. Motion to go to bid now on 8th Street carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. 1/14/69 230 i.' MANAGER CSBURN stated each Councilman had a copy of a letter relating T- itle sale of City property on 24th Street; last week an offer was made for tP•• property; Council tentatively acceote.; the offer; however, some of the Council may want to go to bid on it. The City Manager saics he prepared an outline of three methods for bid: (1) a st_ai9r.; bid; (2) for a business or light indus- trial use; (3) a proposal for development, no stipulating the usage. Moved by Camacho, seconded by Reid, Council accept Proposal No. 2. Councilman Col - burn inquired why they were proposing going to bid after they accepted the of- fer made last week; he knew the property was for sale but had forgotten that on Nov. 19th they received an offer; last Tuesday no one was reminded of the earlier offer and Council accepted a $10,000.00 check and practically closed the deal based on the approval of the City Attorney and City Manager in draw- ing up an agreement. Mayor Morgan stated he knew about the offer which came before the Council; when the City Manager received the offer he informed the Council of it but they decided to go to bid. The Mayor stated he was not in favor of apartments in this area; by selling ix for other useage, they might create 150 - 1,000 jobs; everything from National Avenue to Highland Avenue is R-4 property; they should get every business they could tc create jobs. Coun- cilman Colburn stated he agreed and that was why he moved to accept the $10,000.00 check and go to escrow, he didn't want any negotiations at all; he was reminded a day later Council hvu already previously obligated themselves; the method of operation was brought in a large part about by the Mayor's re- quest; Mayor Morgan used to argue that he voted "no" on items not on the Agenda whether or not he liked them and he voted "no" on all items that didn't go to bid on the sale of prcperty; he was trying to follow the Mayor's leadership and use it as an example; it had "thrown him for a loop;" there was no explana- tion; it fouled up the makers of the proposal last week; they walked out of the Council feeling they bought a piece of property subject to an agreement being drawn up; now they were confronted with going to bid. Mayor Morgan stat- ed it was money the City was in need of; when $10,000.00 is waved in front of you it kind of excites you; perhaps Council got a little excited last week. Vice Mayor Hogue stated he was embarrassed over this situation; last week he thought he was selling the land; it was his opinion the land had been put up to bid and no bids were received; later he was surprised to learn another businessman of the City had bid on this land and he didn't know anything about it. Councilman Colburn inquired if, in accepting the City Manager's Proposal No. 2 there was a date for the bidding to take place. City Manager Osburn stated it could be done at any time they desired, but they must allow time to advertise. Mayor Morgan said they could make it as close to 30 days as possi- ble. Ed Maloney (Realtor), 845 Highland Avenue, was present and inquired if the intent of the motion was to change the zoning on the property at the same time. Mayor Morgan stated that was right. Mr. Maloney asked if in accepting a bid and accepting the bidders' money, they would change the zone without a hearing. Mayer Morgan stated they would follow regular procedure for zone change. Mr. Maloney said he was involved in the first bid; his buyer was will- ing to pay more than $100,000.00 for the property. Mice Mayor Hogue inquired if under Proposal No. 2 they would have to change the zone before accepting the bid. City Manager Osburn said this was true. Vice Mayor Hogue inquired if bids were received for the present zoning on the property, wculd they be accepted under Proposal Ho. 2. City Manager Osburn stated they would not; when the City sold the property to Continana, it was on condition the zoning be C-2-P-D; they would have to do the same with this section of property. Councilman Colburn said Proposal 2 includes "to be developed as business or light industry" the Council would accept a bid based on its value to the City; it won't be changed unless necessary, but if necessary the sale will be con- tingent upon the zone change; therefore, the zone can't be changeduntil they know what will be going in there. Carried by unanimous vote. Councilman Col - burn inquired if they had two bids on this prcperty. City Manager Osburn stated there was one bid and one offer to purchase. Councilman Colburn asked if generally they would accept a bid and an offer to purchase as the same. City Manager Osburn said he would expect them to bid again, if they were going to bid on this parcel. Councilman Colburn said they were notified by letter from Mr. Maloney (he made his offer and it came to Council) but was there any action necessary on the other offer; did they just hold the Check for $10,000.00. City Attorney McLean stated it was a management problem; he thought the City Manager had communicated with them; he told Mr. ':sburn what 1/14/69 23i ee thought the legal problem was. City Veeeeer Osburn stated he asked them they wanted their check back and they said there was no hurry; he would like: permission to give it back to them if it was aereeaele with the Council. Moved by Colburn, seconded by Camacho, the check be returned and the proper letter enclosed encouraging them to bid Carried Jy unanimous vote. Vice Mayor Hogue requested Proposal No. 2 be incia6se in the letter. The DIRECTOR OF PLANNING'S recommendation the revises' plans for the San Diego Consolidated Company for the proposed development of the transit -mix concrete plant south of 24th Street, east of Tidelaeds Avenue, be approved and the con- ditional use permit authorized on December 17th remain in effect with all de- velopment subject to the 18 conditions approved at that time, was presented. Moved by Hogue, seconded by Camacho, the City Plannerts recommendation be a -- proved. Carried by unanimous vote. MAYOR MORGAN called an Executive Session at :Oi p.m. The meeting reconvened at 9:18 p.m. Council members present: Camacho, Col - burn, Hogue, Reid, Morgan. Absene: Ncne. Moved by Camacho, seconded by Hogue, ti-e meeting be closed. Carried by unani- mous vote. The meeting closed ee 9:19 p.m. ATTEST: CITY CLERK leAYCR, CITY CF T(L' CITY, CALIFORNIA 1/14/69