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HomeMy WebLinkAbout1968 10-01 CC MIN144 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 1, 1968 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, Parks, Stockman, Watts. The meeting was opened with salute to the Flag led by Acting City Manager Parks followed with invocation by the Reverend Philip A. Larson, Advent Christian Church. MAYOR MORGAN introduced Mr. Merrell Watts, National City Redevelopment Pro- ject Director. Moved by Colburn, seconded by Camacho, the minutes of the regular meeting of September 24, 1968 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: None. Abstaining: Reid. VICE MAYOR HOGUE apologized to property owners on National Avenue for his past criticism; during "Western Days" he became acquainted with the deterior- ated condition of the recreation building in Kimball Park; Council should consider this problem and work with City Manager Osburn to eliminate this eyesore. Mayor Morgan stated he would work with City Manager Osburn and have a recommendation later. The Mayor's proposed PROCLAMATION of "SWEETWATER DISTRICT BAND PAGEANT DAY" (October 5, 1968) was read. Moved by Colburn, seconded by Reid, the pro- clamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to representatives of the bands present in the Council Clambers. Band members presented complimentary tickets to the Mayor. CNARLES KERCH, 2510 E. l0th Street, was present and requested permission to speak when the ordinance to effect a zone change to establish Hotel -Motel - Tourist Recreation Planned Development Zoning was introduced. RESOLUTION NO. 9669, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Por- tion of 9th Street, East of 'R' Avenue)," was presented. Moved by Colburn, seconded by Camacho, it be read by title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Reid, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9670, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION ('N' Avenue Storm Drain)," was presented. Moved by Colburn, seconded by Camacho, it be read by title. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Hogue, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9671, "RESOLUTION REQUESTING THE STATE OF CALIFORNIA AND LEAGUE OF CALIFORNIA CITIES TO STUDY THE PROBLEM CREATED BY LACK OF FUNDS FOR STATE OF CALIFORNIA RIGHT-OF-WAY ACQUISITIONS," was presented. Moved by Colburn, seconded by Reid, it be read by title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Colburn, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9672, "RESOLUTION AUTHORIZING SHORT TERM LOAN OF OPERATING FUNDS TO REDEVELOPMENT AGENCY," was presented. Moved by Hogue, seconded by Camacho, it be read by title. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the resolution be adopted. Carried by unanimous vote. 10/1/68 145 ORDINANCE NO. , "An ordinance amending Ordinance No. 962, Zoning Ordi- nance_of the City of National City, California (zone change to establish Hotel -Motel -Tourist Recreation Planned Development Zone)," was presented for the first reading. Moved by Hogue, seconded by Colburn, the reading of the Ordinance be by title. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: None. Abstaining: Morgan. Mayor Morgan stated he owned property in the area. City Attorney McLean stated the Ma,ror would not have to abstain from voting to read by title; if he did, the entire ordinance would have to be read. Mayor Morgan called for another vote. Motion to read by title carried by unanimous vote. The title was read. Vice Mayor Hogue inquired when the center strip of Plaza Blvd. would be paved. Acting City Manager Parks andCitq Engineer Poster.stated they could not answer. Vice Mayor Hogue stated with the opening of apartments in the area an future development of the area, they should get this project started; thy lack just a few blocks of finishing; the Council agreed when Plaza was bu'lt the City would fill in the center part; it is a traffic hazard. Coun- ciilman Camacho agreed with the Vice Mayor and stated the City Manager should pu sue this. Charles Kerch, 2510 E. l0th Street, requested the deletion from th- proposed ordinance of the last two properties on Plaza Boulevard (all of th- property in Quarter Section 106 except for 165' they do not own); the re -son for this request is economic; it is not known whether or not a motel wi 1 ever be built on Plaza Boulevard; his property was better than 1,000' fr m the freeway off -ramp and signs on the property would not be seen from th_ freeway; the financing of local motels is difficult because so many are un'-uccessful. Mr. Kerch (in response to a request by Vice Mayor Hogue) went to a map on display and pointed out his property which would be affected by th proposed zone change. Vice Mayor Hogue inquired what detriment it would be to Mr. Kerch's property if it was zoned for motels. Mr. Kerch said it world mean he could not build anything commercial, so he would have to con- tiue on with the apartment house developments; however, they did not know ho*r much commercial this area could sustain; if Euclid Avenue was opened with- in the next year, they have a development immediately for commercial use at thnt time; the traffic on Euclid now is only 2,000 to 3,000 per day against 251,000 a day on Highland Avenue; for a commercial development you should be in the range of 15,000 to 25,000 cars a day for decent commercial develop - met. Vice Mayor Hogue inquired if there would be any trouble excluding Mr. Ke-ch's property from this zone. Director of Planning Stockman stated there would not; it would come back to Council and they would open their hearing again or they could at this time make a recommendation it be deleted and the map be changed. Vice Mayor Hogue inquired if they were to stay at the pre- sent zoning, would it be detrimental to Mr. Kerch to develop it for apart,'. meets, etc. Mrs. Stockman said she did not feel it would be detrimental; he has C-2-P-D which permits grocery and drug stores, restaurants, (but not a restaurant with an on -sale alcoholic beverage license). Mrs. Stockman said she had one inquiry relative to a motel locating in that area; under either zoning he could build apartments. Mr. Kerch said he understood Euclid Avenue would be open in two years time at which time he would be in a position to finance and develop high grade commercial real estate; his associate in own- ership on this property (formerly president of Mission Valley Inn) and he could talk to them about the problems of motel ownership. Councilman Colburn stated he favored deleting Mr. Kerch's property and asked the City Attorney's advice on the proper motion. City Attorney McLean said he had two choices: Council had the power at this time to direct a revision of the map to exclude Mr Kerch's properties and present the ordinance next week (it will be a mod- ified ordinance) for first reading of they could send it back to the Planning Commission with instructions to study this area for the exclusion. Moved by Colburn, seconded by Hogue, the City Attorney's first recommendation be approved and he be instructed to delete the properties suggested. Councilman Reid stated he would like to see a little more study on this and would like to meet with Mr. Kerch and see just where that property starts. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid. Abstaining: Morgan. City Attorney McLean inquired if Mr. Kerch would be here next week. Mr. Kerch said he would. Mayor Morgan told Mr. Kerch to contact staff next week to make sure the ordinance is what they had in mind. 10/1/68 146 ORDINANCE NO. , "An ordinance amending Ordinance No. 962, Zoning Ordinance, a d amending Ordinance No. 1112, of the City of National City, California p oviding for hotels in the M-3 Industrial Zones," was presented for the first reading. Moved by Colburn, seconded by Reid, the reading of the ordi- n-nce be by title. Carried by unanimous vote. The title was read. O'DINANCE NO. , "An ordinance amending Ordinance No. 962, Zoning Ordi- n-nce of the City of National City, California (zone change from an R-1, S'ngle Family Residence Zone and an R-2, Two Family Residence Zone, to an R 4-P-D, Multiple Family Residence Planned Development Zone, between 13th and 1.th Streets, between Orange Avenue and Lanoitan Avenue)," was presented for t e first reading. Moved by Hogue, seconded by Reid, the reading of the o dinance be by title. Carried by unanimous vote. The title was read. . DINANCE NO. , "An ordinance of the City of National City, California, a.opting by reference the Uniform Plumbing Code, 1967 Edition and Appendix A B, C, D, F and G, declaring and establishing regulations for the installa- ton, maintenance and alterations of plumbing systems within the City of N tional City, providing penalties for the violation thereof and repealing O dinance No. 1147 and all other ordinances and parts of ordinances in con- f ict therewith," was presented for the second reading. Moved by Hogue, s-conded by Colburn, the reading of the ordinance be by title. Carried by u animous vote. The title was read. Moved by Colburn, seconded by Hogue, t e ordinance be adopted. Councilman Reid inquired if that was the ordinance p esented last week without any changes having been made. City Attorney M.Lean stated it was the same one. Vice Mayor Hogue inquired if Councilman R=id was concerned about whether or not a property owner could repair his own plumbing. Councilman Reid said that was right; you could get a permit to t ke care of your own plumbing (it would be two years before you could again) b t you could not take care of plumbing in another unit on the same property. Councilman Colburn inquired if a person owned apartments or a house on a other lot could the owner repair it. City Attorney McLean stated thR owner could not; the proposed ordinance says that except as hereinafter provided p rmits provided for by the Uniform Plumbing Code shall only be issued to the p umbing contractor currently licensed by the State of California or a sewer d sposal contractor currently licensed by the State of California; what is a issue here is that a home owner may obtain a special homeowner's permit to install plumbing work and fixtures in and about a single family residence w ich the home owner occupies or intends to occupy as his residence and the rk must be performed by the permittee himself; the home owner may obtain a special home owner's permit no more frequently than once each two years ter passing an examination given by the administrative authority and after prying a $5.00 examination fee. The City Attorney said this is the same pro- ✓ sion the City has had for the last two years; if there was a rental on the back of the lot, technically, the owner could not get a permit to do the p umbing work there unless the owner was in fact a plumbing contractor. Vice M.:yor Hogue inquired if he had a rental on his property and if he took and passed some kind of primary test could he do his own plumbing. City Attorney M Lean said he could not on a rental. City Attorney McLean stated Director Building & Housing Biggs could discuss this problem more intelligently t an he, but he would like to point out if they provide that an owner could d. his own plumbing work and not be a licensed contractor, then a man with q estionable or no qualifications can go out and buy a piece of property and p t up an apartment house and while he was doing the work, he was the owner; h would be in a position to come in and buy a plumbing permit; the problem i of allowing the home owner to do what we all normally think home owners and at the same time not having unqualified people do major plumbing pro- j<cts. Moved by Hogue, seconded by Camacho, the ordinance be tabled. Vice Mayor Hogue stated he would like Councilman Reid to look into this and come b.:ck with a possible addition where in developing the property (apartment, e c.) there would be a distinction between that and repairs on privately o ned property - not development but repairs. Carried by unanimous vote. • .. C TY ATTORNEY McLEAN stated the City was trying to work out with Mr. Hicks t e demolition of the old properties at 8th and National; Mr. Hicks wants to move his business around the corner on to National Avenue next to Mr. 10/1/68 147 i r h C t H t girding upgrading the front of the building, etc. Vice Mayor Hogue said he w uld vote for this if they could have it down in black and white when Mr. Hicks has his new location built, he would move out of the old location and i to the new one instead of adding another location there. Floyd Hicks, 2.03 L Avenue, was present and displayed his plot plan. Vice Mayor Hogue i quired what they were voting on. City Attorney McLean said it was to go along with the temporary transfer of the Melody Club Liquor license to N tional Avenue so the old buildings could be torn down; as soon as his new b ilding is certified for occupancy he will move back into it. Vice Mayor Hague inquired if this would be included. City Attorney McLean said it would; t ey would write a letter to A.B.C. Motion carried by the following vote, t.-wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid. Abstaining: Morgan. :ILLS audited by the FINANCE COMMITTEE were presented as follows: Total ount $20,261.65. Moved by Hogue, seconded by Reid, the bills be approved d warrants ordered drawn for same. Carried by the following vote, to -wit: oeschel on a temporary basis so that he could tear down the existing build- gs, put up a new one and move back; Mr. Hicks is present and has plans for modeling the building on National pending construction of the new property; has made application for transfer of his liquor license and wants the uncil to agree to let him move temporarily and go along with the temporary ansfer of his liquor license. Moved by Colburn, seconded by Camacho, Mr. cks' request be approved for transfer of the license to the temporary guar- s on National Avenue so long as he does do what he said he would do re - • yes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. request for oversized driveway at 2138 J Avenue (mentioned in September th meeting) was considered at this time. Moved by Hogue, seconded by olburn, the request be granted. E. H. Alsdorf, 2105 J Avenue, was present nd protested installing the oversized driveway. Carried by unanimous vote. n application for person to person transfer (dropping partner) of •eer and wine (bona fide public eating place) license by ALBERT J. •BA PERNICANO'S PIZZA HOUSE, 1125 National Avenue, was presented. ogue, seconded by Reid, the application be filed. Carried by the ote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: None. ng: Morgan. • on -sale PERNICANO, Moved by following Abstain - he public notice from the UNITED STATES COAST GUARD in regard to the Port istrict's request to establish merchant vessel anchorages (map attached), as presented. Ordered filed by unanimous vote. he Minutes of the CIVIL SERVICE COMMISSION meeting of September 18, 1968, ere presented. Ordered filed by unanimous vote. he request for refund of $25.00 performance bond by ROY G. FIERRO, 2221 rospect Avenue (approved by the Engineering Department), was presented. oved by Reid, seconded by Colburn, the request be granted. Carried by the allowing vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: one. he request of the NATIONAL CITY CHAPTER, AMERICAN FIELD SERVICE, for use of 'mball Park Community Building Annex the afternoon of October 13th for a eception honoring foreign exchange students, was presented. Moved by Hogue, econded by Colburn, this be referred to the City Manager. Carried by unan- mous vote. he request of MRS. SHIRLEY SCHROEDER, OWNER, PRIVATE POSTAL SERVICE OF SAN IEGO, for an amendment to the ordinance to permit her company to deliver 3:'d lass mail, was presented. Moved by Reid, seconded by Hogue, this request be eferred to the City Attorney. Carried by unanimous vote. he request of the CHRISTIAN RECORD BRAILLE FOUNDATION to solicit funds in ational City and the City Treasurer's recommendation of approval, were prc- ented. Moved by Colburn, seconded by Camacho, the request be approved. 10/1/68 148 V' s q M q h a m ce Mayor Hogue inquired who would be solicited. Acting City Manager Parks id the communication states businesses. Vice Mayor Hogue stated the re- est should be referred to the Chamber of Commerce for recommendation. tion and second withdrawn. Moved by Colburn, seconded by Camacho, the re- est be improved by the Council after being referred to the City Manager so can send it to the Chamber of Commerce showing them our action and if they prove, the City can issue the permit to solicit funds. Carried by unani- us vote. A communication from ACTING CITY MANAGER PARKS filing five items with the City C erk (No Council action necessary): (1) Letter from the San Diego County W-ter Authority, dated August 31, 1968, reporting Authority operations for t e month of August; (2) Minutes of the regular meeting of the Board of Dir- e•tors of San Diego County Water Authority, dated August 8, 1968; (3) Minutes o the regular monthly meeting of the Board of Directors of the South Bay I rigation District, dated September 3, 1968; (4) Letter from the San Diego County Water Authority, dated September 6, 1968, advising of scheduled comm- i tee meetings; (5) Minutes of the adjourned meeting of the Board of Direc- t•rs of the South Bay Irrigation District, dated September 16, 1968 and S:.tember 17, 1968, were presented. A+ ING CITY MANAGER PARKS reported receipt of a communication from City E gineer Foster concerning property at 30th and D Streets (Robnett's). City E gineer Foster recommends this property be purchased for the necessary ✓ ght-of-way for 30th and D Streets and $1,000.00 be appropriated for the p chase. Moved by Colburn, seconded by Camacho, the recommendation be approved. Carried by unanimous vote. A ING CITY MANAGER PARKS reported receipt of a communication from City E gineer Foster stating the plans were completed for the improvement of A A enue between 28th and 30th Streets and requested permission to proceed with t e bidding procedure. Moved by Reid, seconded by Hogue, the request be a;. proved. Carried by unanimous vote. A ING CITY MANAGER PARKS recommended the staff be authorized to proceed with g tting quotes for a new car for the City Manager's office and the ownership o the car now being used by the City Manager be transferred to the Redevel- o.•ent Agency of the City of National City for use of the Executive Director. Mayor Morgan said if a motion was made on this, it should include that the R-development Agency would purchase the automobile presently used by the City Manager. Moved by Colburn, seconded by Camacho, the Acting City Manager's ✓ ommendation and the M yor's suggestion be approved. Carried by unanimous v.te. A ING CITY MANAGER PARKS reported receipt of a letter from Henry Boney, C airman, County Board of Supervisors, requesting the City adopt a resolution t ing a stand in opposition to Proposition 9 on the November ballot (Watson endment); the staff recommends the City stand in opposition. Moved by Hague, seconded by Colburn, the staff's recommendation regarding Proposition 9 be approved. Carried by unanimous vote. A ING CITY MANAGER PARKS stated last week a request was received from the National City Rotary Club for assistance in the narcotics awareness prograr'` b, contributing $1,000.00 to purchase two audio-visual machines; this was d'scussed with Police Chief Cagle who feels there is merit in the program; ney is available for this purpose. The Acting City Manager recommended the C'ty furnish the funds subject to conditions: (1) we not give the money out- r'ght to the Rotary Club but rather that the City purchase the machines, ✓ ta.in title to them and lend them to the Club; (2) The City Attorney be d'rected to draw up some type of agreement for the use of the machines. Moved by Colburn, seconded by Reid, the recommendation be approved. Larry E• ards, 4380 Valley Drive, La Mesa, immediate past president of the National C'ty Rotary Club, was present and said they had searched all over the United S ates for prices; they have been offered a 25% discount (the type of dis- c.unt the school system receives); this is a slide machine which has an audio t.pe that runs along with it; the trailer will be taken all over San Diego 10/1/68 149 County but not out of the County. Mayor Morgan inquired if Mr. Edwards was i favor of the motion on the floor. Mr. Edwards said he couldn't see any- t ing wrong with it so long as it was negotiated through Dr. Otis of the N=tional School District. Acting City Manager Parks said in Mr. Edward's p esentation last week it was shown how some benefit would accrue to the City b-cause of the publicity; the expenditure of City funds has to be justified; o e of the justifications is that the City of National City will receive some a•vertising; we want to be sure when the trailer goes outside of National C'ty, our city will be given credit. Mr. Parks said retaining ownership of t e machines did not indicate intention of taking them back; they wanted the C ub to have full use of them; they felt it would be easier to justify the e penditure if the City bought and retained the ownership; the Club will have c stody and use of the machines during the life of the program. Motion to a•prove the Acting City Manager's recommendation the City furnish the funds s bject to the two conditions carried by the following vote, to -wit: Ayes: C acho, Colburn, Hogue, Reid, Morgan. Nays: None. C TY CLERK MINOGUE reported receipt of a Notice of Public Hearing before the C►unty Board of Supervisors, 9:00 a.m., Tuesday, October 29th, Room 310, 1600 Pacific Highway, for the purpose of considering a report and recommendations c•ncerning air pollution control in San Diego County (the Notice, Chief Ad- m nistrative Officer's report and County Counsel's report attached to the Agenda; Report of Director of Public Health, 40 pages long, on file). C TY CLERK MINOGUE reported receipt of the agreement to purchase tax deeded land between the County Board of Supervisors and the City of National City, ted August 26th, and approved by the State Controller on September 16th, ich is on file. C TY CLERK MINOGUE reported receipt of the resolution of the Local Agency F•rmation Commission disapproving Orchid Hills, proposed annexation to the C ty of National City which is on file. C TY CLERK MINOGUE reported receipt of a petition for the 1911 Act Improve- m-nt of Earle Drive (mentioned at the September loth meeting of the City Council) and a petition protesting the said improvement which were referred t,. the City Engineer. D . GEORGE PARCHBN, 626 E. 16th Street, was present and said he understood t e County was going to conduct a survey on smog control; the Navy has re- q ested they not be considered in the survey; the National City Chamber of Commerce is strongly opposed to the Navy being excluded and would like the C ty of National City to take a similar stand; the Chamber of Commerce Board o Directors unanimously passed a resolution the Navy be included in any s udy concerning smog; they are requesting the Council to have somebody rep- ✓ sent the City at the Board of Supervisors, October 29th. Mayor Morgan said p'rhaps they could authorize the City Manager to check into this and if it s true, they could put it on the Agenda for Council consideration next week. V ce Mayor Hogue stated Councilman Colburn would be in attendance representing t e Council. Moved by Hogue, seconded by Camacho, Councilman Colburn be in- s ructed by the Council to fight to see that the Navy was included in the sur- v:y. Councilman Colburn stated he would rather the motion was held off; torrow morning he was going to meet with Captain Ault of the National City F re Department to discuss the merits of the information they have and then a next week's Council ask for a resolution in support of what he would say a this meeting. Second to motion withdrawn. C TY CLERK MINOGUE reported receipt of a petition for a 1911 Act Improvement f.r 27th Street between D and A Avenues and A Avenue between 27th Street and 2:th Street; a copy was referred to the City Engineer; since the Agenda was m de up, an addition to the petition was received which was also referred to t e City Engineer. City Engineer Foster stated the petition constituted a 7 % petition favoring the improvement; the petition mentioned earlier (for 1'•11 Act Improvement of Earle Drive) is still being studied and there will be a report on that next week. 10/1/68 150 DI"ECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- ti.n the City Council reconsider the location of 14th Street and D Avenue as a .roposed site for the Public Works Building because (1) The Zoning Ordinance of the City of National City requires that building materials storage yards ancontractors' storage and equipment yards be located in the Light Manu- fa turing and Industrial Zones; (2) The Comprehensive General Plan which was pr-pared under the guidance of a large citizens committee urged that the area at 14th Street and D Avenue be developed compatible with the adjacent park an• surrounding area. Moved by Colburn, this item be referred to the Re - de elopment Agency. Motion died for lack of second. Councilman Reid inquired if there was any information on the cost of drainage for the proposed site. Ac ing City Manager Parks stated the only information he had was a "curb st.ne estimate" of $100,000.00. City Engineer Foster stated there was no fo'mal estimate. Moved by Camacho, seconded by Reid, a study be made regard- inthe cost and what it would take tout the Public Works in this area. Co ncilman Reid requested a time limit be included in the motion. Councilman C-.acho said not over two weeks. Councilman Colburn inquired what the motion w- . Mayor Morgan said the City Manager was to bring back a study of the cost and everything pertaining to the project within a week or two. Vice Ma, or Hogue inquired why they didn't make a comparison of this site and the on- at 30th. Included in motion and second. Director of Planning Stockman s ggested the report be made in three weeks because of the League of Califor- nia Cities Conference. Councilman Camacho said rather than have staff spend t' e and energy on this, he would rather they find out from the Redevelopment Agency if they could stay where they are. Acting City Manager Parks stated w en the recommendation to re -locate at 14th and D was submitted, it was re- ferred to staff for a report on possible lay -out of the buildings, etc.; the first step was to ask the Engineering Department to prepare a large scale plot plan which they are doing now; this will include estimates, locations, etc. on the public improvements required; when you lay out buildings you have t. take into consideration storm drains, sewers, etc. Vice Mayor Hogue in- q ired if they could get a report back within a week from the Redevelopment Agency as to the feasibility of leaving it in the present location. National C ty Redevelopment Project Director Watts said he would try. George H. Waters, Chairman, Planning Commission, 1342 Carol Place, was present and said th-use of the proposed location for Public Works would put the Council and t e Planning Commission in a very embarrassing position; we recently made N-tional City Transfer and Storage move their storage out of that same area d have made most of the storage yards move over to the west side which is compatible with their ordinances; if the City moves storage into this area i will make it very hard for the Planning Commission to enforce their or- d'nances. Motion carried by unanimous vote. D RECTOR OF PLANNING STOCKMAN presented her recommendation application for Z.ne Change C-47 (property between 18th and 20th Streets, Lanoitan and R-chael Avenues,) be set for public hearing and the Planning Commission's recommendation taken under consideration at that time. Moved by Hogue, s=conded by Camacho, the Planning Director's recommendation be approved. C. ried by unanimous vote. D 9 a m f C i 0 h t S t t M d RECTOR OF PLANNING STOCKMAN, Chairman of the Technical Committee for Under- ound Utilities, presented the Committee's recommendation the City Council opt an ordinance establishing the regulations and procedures for the re- vel of overhead utility facilities and the installation of underground cilities in Underground Utility Districts. Moved by Colburn, seconded by acho, the recommendation be approved. George H. Waters, Chairman, Plann- g Commission, 1342 Carol Place, asked to have Item 12 of the proposed ord- ance explained to him (Responsibility of City - City shall remove at its n expense all City -owned equipment from all poles required to be removed reunder in ample time to enable the owner or user of such poles to remove e same within the time specified in the resolution enacted pursuant to ction 3 hereof"). Mrs. Stockman stated that would be the fire alarm sys- s and any part of the utilities that belong to the City. Mr. Waters said is should be detailed so that it would not be misconstrued at a later date. yor Morgan stated it should be detailed but he was not in favor of having stricts for underground utilities until they got the streets in. There was scussion of the funds to be allocated by the utility companies. P. J. 10/1/68 151 D=wes, Senior Planner, Customer Extension Planning Department, San Diego Gas & Electric Company, San Diego, was present and said it was necessary for the C ty to undertake certain procedural legislative steps in order to conserve t e allocated funds for the City; under the Public Utility's decision made 1 to last year, utility companies were required to budget funds annually to a•complish underground conversion projects; these monies were distributed ongst municipalities by a formula given to them by the Commission; essenti- a ly it is a ratio of the number of meters within that municipality as cam - red to the number of customers on the system as a whole; National City's a location this year is $29,785.00; if the Council would not like to use t ese monies this year and would like to conserve these funds this is en- t rely possible provided the Council undertakes to enact certain legislation; p- amount would be the enactment of a procedural ordinance which sets out the g idelines and responsibilities of the utilities, the City and the property o ers to accomplish this conversion; subsequent to the adoption of the or- d nance would be a resolution for the establishment of an underground dis- t ict and finally a resolution creating an underground district; the Commiss- i.n accepts this as evidence of an act of an undergrounding program; to con- s=rve the money to use it in the following year, the City needs to demonstrate t at it has an active undergrounding program. Mayor Morgan inquired how many y=ars they could carry this over. Mr. Dewes said the rules are not specific o that; it just says a reasonable time and "reasonable time" is subject to i terpretation. Mayor Morgan asked if they could let this money accumulate t. pay the entire cost; they were not putting a part of the cost on the pro- p_rty owner. Mr. Dewes said that was correct; if they wanted to establish a district wherein utilities funds will underground all of the lines within the p blic right-ov-way, then there would be no cost to the property owner for t at part of the conversion project; however, there are expenses to the pro- p rty owner in re -wiring his home, building or store to accept the under- ground service in the undergrounding distribution system. Mayor Morgan said u.til they got streets in National City he was not going to push the people i National City for this. City Attorney McLean stated the ordinance was a standard format and the only suggestion he had was a section should be added t• the ordinance to state the adoption of the ordinance by the City does not de•rive the City of any rights it has under franchise of any police powers en'oyed by municipalities because the gas and electric company as well as the telephone company and water company do business in National City under written co tract called a franchise; in that contract the City has certain rights to re•uire (in his judgment) undergrounding utilities at the utility's expense un•er certain circumstances; he wouldn't want the city's rights under written franchise agreement be in any way diminished by this procedural ordinance; the adoption of the ordinance does not obligate the City to do anything that will cost anybody any money. Mayor Morgan said in other words, the City At orney does have some reservations on this. City Attorney McLean said he wa not saying he had reservations. Vice Mayor Hogue inquired if they could m. e the addition suggested by the City Attorney. City Attorney McLean said that could be done if they liked; he would have to write an extra paragraph. Mr. Dewes requested permission to consult with the City Attorney and they could work on it together. Moved by Hogue, seconded by Reid, the ordinance be tabled until next week. Carried by unanimous vote. M• ed by Hogue, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:02 p.m. MAYOR, CITY CP NATIONAL CITY, CALIFNIA AT ' EST: CITY CLERK 10/1/68