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HomeMy WebLinkAbout1968 12-03 CC MIN188 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 3, 1963 The regular meeting of the City Council of the City of National City was call- ed to order at 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. 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 Gerald Kuehn, Cal :ay Baptist Church. Moved by Reid, seconded by Colburn, the minutes of the regular meeting of November 26, 1968 be approved. Carried by unanimous vote. COUNCILMAN CAMACHO suggested get well cards be sent to Edith Sherman and Mrs. Wilson. Mayor Morgan requested the City Manager to send the cards from the Council and staff. COUNCILMAN REID inquired if the City Manager could use City crew to tear down the old recreation building and the other small building so they wouldn't be a hazard over the holidays. City Manager Osburn stated he would prefer to have someone else do it; they could probably have it done just for the lumber that was in it; he could report next week. Moved by Colburn, seconded by Camacho, the City Manager be authorized to have the buildings removed in the most expedient and best possible means. Carried by unanimous vote. Moved by Colburn, seconded by Hogue, the City Manager to bring a report re- garding the health of City employees by a possible physical examination annually. Councilman Colburn stated some cities have a program similar to this and industries are going toward this more; this would upgrade our employ- ees immensely; the report from the City Manager would include a recommendation as to whether or not he wanted to include it in the annual budget. Carried by unanimous vote. FLOYD HICKS, 1840 Gregory Street, San Diego, was present and reported on pro- gress made on the southwest corner of 8th and National: two of the buildings were razed (or one building including two of the addresses, 808 and 810); the attorneys in the corner building are preparing their new quarters and should be moved within a week or so; he was making progress on his new buisness lo- cation but was slow because of the difficulty in getting the tradesmen to do the various types of work. Mr. Hicks requested permission to keep the cafe at 10 W. 8th open until they closed the other buildings down because: (1) the owner of the cafe has quite a mortgage to offset; (2) most of the employ- ees (combination cooks and waitresses) are dependent upon their jobs and he would hate to see them out of work during the holidays; (3) the cafe is doing a good job serving food. Councilman Colburn inquired if the time limit on vacating the restaurant was up. City Manager Osburn stated he believed Octo- ber 1st was the original time but Mr. Hicks had been given extensions. City Attorney McLean stated Mr. Hicks talked to him concerning this and he told him he had no authority to extend the deadline; it was up to the Council. Moved by Hogue, the request be denied because the building had been condemned as being unsafe for public use. Motion died for lack of second. Mr. Hicks said he hoped to be able to move to his new quarters within thirty days. Vice Mayor Hogue stated the building had been condemned in June and the owner given until October to tear down the building; he could not believe unions were so overworked at this time that it was not possible to accomplish this. Councilman Camacho stated if they gave Mr. Hicks an extension, it would be useless for him to come again before the Council for this purpose; it should be done if they gave him until the first of the year. Moved by Hogue, the request be denied. Motion died for lack of second. Moved by Camacho, second- ed by Reid, the date of January 7th be set for the final date. Councilman 12/3/68 189 Colburn stated there had been discussion that if Mr. Hicks had not commenced by October 1st to tear down the building and continue the same in a workman like manner until finished, the door could be padlocked and there would be no restraining order from the Court stopping the locking of the door at that time; the City evidently did not see fit at that time to go ahead and do that; in offering this extension by motion of the Council, he wondered if that would in any way prevent them from doing this on January 7th. City Attorney McLean stated it would not. Vice Mayor Hogue inquired if something happened and people were killed in this building after it had been condemned would the Council be held responsible. City Attorney McLean stated it was his opinion they would not. Motion to set the final date as January 7th carried by the following vote, to -wit: Ayes: Camacho, Colburn, Reid, Morgan. Nays: Hogue. Mr. Hicks inquired as to the possibility of ordering a survey of the need for a parking district in the block between 8th, 9th, National and Roosevelt Ave- nue; in talking to merchants in that area he found enthusiasm for creating such a district. Moved by Colburn, seconded by Hogue, this item be turned over to the City Manager for a report. Carried by unanimous vote. MRS. ROBERT RICHARDS, 1411 E. l6th Street, was present concerning the center turn lane on Highland between 8th Street and Plaza; cars wishing to turn left on Plaza will start into the center turn lane way up by 8th Street; cars wishing to turn left on 8th Street start into the turn lane down by Plaza Boulevard; there should be arrows and cut off points so that cars will not get into the middle lane too soon; the same problem exists on Plaza Blvd. Mrs. Richards said she did not own property in the district covered by the 1911 Act on 8th Street but at one time she was on a committee which tried to get something done to the streets in National City; she suggested Council not give up the fight for the improvement; if nothing else, they could paint the curbs a solid red on both sides of the street until after the first of the year to help the business people who will profit by this action to find park- ing for their customers elsewhere; they should ticket the violators, especi- ally in front of the residences. The matter of oversized driveway for WILLY'S ELECTRONICS, 1636 D Avenue, was presented. Moved by Hogue, seconded by Reid, this item be held over a week so Council and staff could take another look at this. Carried by unanimous vote. A communication from the ASSISTANT CHIEF ENGINEER, PORT OP SAN DIEGO, in re- gard to procedures for building permits, Tidelands, National City, and the Director of Building & Housingâ–ºs recommendation the procedures be adopted, were presented. City Manager Osburn stated this established the procedure for the handling of building inspections and permit approval for buildings on the Tidelands and Port buildings themselves; he recommended this be approved as had been recommended by Director of Building & Housing Biggs. Moved by Hogue, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from the SAN DIEGO GAS & ELECTRIC CO. in regard to funds bud- geted for underground conversion, was presented. Ordered filed by unanimous vote. A communication from IDA MAE H. KERR, FINANCE DEPARTMENT, in regard to the grace period of dog license penalties and recommending National City extend the grace period this year to January 31 in order for our rabies clinic to be held in January, was presented. Moved by Colburn, seconded by Reid, the rec- ommendation be approved. Carried by unanimous vote. An application for refund of a $25.00 performance bond by RAY L. THOMAS, 2222 Prospect Street (approved by Engineering), was presented. Moved by Reid, seconded by Camacho, the refund be granted and a warrant be drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. 12/3/68 190 'she request of the DIAMOND CAB COMPANY for an additional five license medall- ions, was presented. City Manager Osburn stated the ordinance provides for a public hearing to be set on this item before it could be changed; they had a report from Mr. Moore, Diamond Cab Company, and a report from the City's Treasury Department regarding the number of cabs in use in the City; this would be a matter for a hearing if they desired to do so. Moved by Hogue, seconded by Camacho, a hearing be set for Qoccmbcr 17th January 7th. Council- man Colburn stated the Chamber of Commerce on recommendation from a committee would request from the City Council a survey regarding cab service in Nation- al City and inquired if the City was in a position, if the request was made, to make a survey or would that be done automatically. City Manager Osburn said the letter stated it was on recommendation of their committee that the Board of Directors of the Chamber of Commerce recommend a survey be taken to find out how many of the 60 taxi cab licenses issued were being used; they had done this and the total was 59 being used today; this was done by tele- phone from the Treasurer's office to the various cab companies; one cab com- pany they could not contact (City Cab Co.) but they only had one license. Councilman Camacho said he also made a survey on request of the Mayor and re- ceived a different answer: Diamond Cab Company is using all of their cabs; the Yellow Cab Co. has 20 licenses but said they were using 3 to 4 through the week and perhaps 5 or 6 more during the weekends; the Radio Cab Co. has 8 licenses and use approximately 4 during the week because of not being able to get drivers; Carnation Cab Co. has 13 licenses and he was told 8 of them operate on the average; that's 15 licenses which aren't being used. Mayor Morgan requested when the hearing was held for the City Manager to have some- thing in writing from these people. City Manager Osburn said the City Attor- ney just requested they hold the hearing on January 7th as he hoped to be out of town the latter part of the month. Moved by Hogue, seconded by Camacho, motion be amended to January 7th. Councilman Colburn inquired if the survey made by Councilman Camacho and the City Treasurer's office would be suffic- ient. City Attorney McLean replied the burden of proving necessity for new licenses to be issued was on the applicant; it was his responsibility to pre- sent what he thinks the facts are to support his application; if he doesn't do so, Council would not have any facts to base its decision on and would have to reject his application; the primary responsiblity in making the sur- vey was to show what the demand for services was against the number of avail- able cabs. Motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: None. Abstaining: Colburn. A summary of the Minutes of the LIBRARY BOARD OF TRUSTEES of November 6th, was presented. Ordered filed by unanimous vote. The Minutes of the CIVIL SERVICE COMMISSION meeting of November 20th, were presented. Ordered filed by unanimous vote. A communication from ASSISTANT CITY MANAGER PARKS filing two items with the City Clerk (No Council action necessary), was presented: (1) Minutes of the Adjourned Meeting of the Board of Directors of the South Bay Irrigation Dis- trict, dated November 4 and November 19, 1968; (2) Letter from San Diego County Water Authority, dated November 19, 1968, to operating heads of member agencies, Subject: Copy of Report to Engineering and Operations Committee on a Review of Aqueduct Peaking Problems by Metropolitan Water District Staff. CITY MANAGER OSBURN reported receipt of a request from Mr. Tom Sparrow, 905 E. 20th Street, to delay construction of sidewalks for 30 days as he has built a new house on the same lot with his old house; he intends to bulldoze the old house down and does not want the bulldozer going across the new side- walks; he has taken out a construction permit with one of the local cement contractors. The City Manager recommended this be delayed for 30 days. Moved by Hogue, seconded by Colburn, the request be granted. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from PARADISE VALLEY CHURCH to solicit funds in National City commencing December 7th for their Annual Ingathering; this has been granted in the past. Moved by Reid, seconded by Colburn, the req est be approved. Carried by unanimous vote. 12/3/68 191 CITY MANAGER OSBURN reported receipt of a request from the Beta Sigma Phi Sorority to sell cook books in the South Bay Plaza December 16 - 24th; the price for the books will be $2.95 with $1.95 of this amount going to the pub- lisher and the proceeds to be used for charity purposes. Moved by Hogue, seconded by Camacho, this item be held over for another week until they find out who these people are and for a letter from the Plaza agreeing to this. Carried by unanimous vote. CITY MANAGER OSBURN stated he had another item which related to the overwidth driveway at 1642 D Avenue which was held over until next week. COUNCILMAN COLBURN inquired if they needed to approve the request of the Chamber as made in the letter (regarding request for survey of taxicabs). City Manager Osburn replied the survey had already been made by telephone and more would be received from the companies. Councilman Colburn stated the survey taken by the Treasurer's office might have led the Cab companies to believe they were just indicating whether or not they wanted to retain those licenses and Councilman Camacho got how many they were actually using. CITY CLERK MINOGUE reported receipt of acknowledgments of National City's resolution pertaining to the closing of the Mexican border to minors from the following cities, all of which have adopted similar resolutions: Clovis, Anderson, Clayton, Pacifica, Los Gatos, Stockton, Nevada City, Oakdale and Brentwood; the letters are on file. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission recommendation application for Zone Variance Z-58 for an 18' rear yard setback at 2616 E. 14th Street be approved subject to the installation grdeferral of the instal- lation of sidewalks. Moved by Colburn, seconded by/Camacho, the Planning Commission's recommendation be approved. Carried/by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission recommendation in regard to the tentative subdivision map of the Southland Industrial Park Unit No. 2: Resolution No. 9244 be rescinded and the Tentative Subdivision Map of Southland Industrial Park Unit No. 2 be approved subject to thirteen condi- tions. Moved by Hogue, seconded by Camacho, the City Planner's recommenda- tion be approved. Carried by unanimous vote. Moved by Hogue, seconded by Reid, the Planning Commission's recommendation under Item c of the Planning Commission reports (Recommendation to deny de- ferral of the installation of sidewalks at 1135 Plaza Boulevard by King Kastle Restaurant) be approved. Carried by unanimous vote. MAYOR MORGAN stated they could set the hearing dates for Items a, b, c and d under the Director of Planning's report. Director of Planning Stockman said they were to set the public hearing date on Item a (Recommendation applica- tion for Zone Change No. C-49 to amend the zcoing ordinance to establish the criteria for automobile service stations be set for public hearing - January 7th proposed hearing date) but only set the other three (b. Recommendation 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 Residen- tial Zone, be placed on the Agenda for January 7th; c. Recommendation appli- cation for Zone Variance No. Z-59 for 21' rear yard setback at 2503 E. 4th Street, R-1 Single Family Residence Zone, be on the Agenda of January 7th; d. Recommendation application for Zone Variance No. Z-60 to expand existing trailer park facilities at 610 Arcadia Avenue, R-4, Multiple Family Residence Zone, be placed on the Agenda of January 7th) on the Agenda for January 7th. Moved by Hogue, seconded by Colburn, January 7th be set as public hearing date for Item a under the Director of Planning's report. Carried by unani- mous vote. Moved by Hogue, seconded by Colburn, Items b, c and d be placed on the Agenda of January 7th. Carried by unanimous vote. The HEARING ON RESOLUTION OF INTENTION NO. 9689 - 1911 ACT IMPROVEMENT OF 8TH STREET, ASSESSMENT DISTRICT NO. 165, was held at this time. City Clerk Minogue stated the Affidavits of Mailing and Posting and Certificate of Pub- lication were on file; protests received were: letter from James P. Garduno, 12/3/68 192 727 F Avenue; letter from Louise Walton (no address given); petition contain- ing signatures of 73 property owners; the two letters duplicated signatures on the petition. City Engineer Foster stated his department had compiled the property owners written protests and they were shown in red on the map on display; the protests constitute 51.28% of the area. George Matheson, 8703 Hartzel Drive, Spring Valley, was present and said he owned properties 107, 108 and 109 in the assessment district and inquired if the 51.28% protest cancelled the proceedings. Mayor Morgan said no, they were going to continue the hearing. Mr. Matheson asked the purpose of the hearing. Mayor Morgan said it was for the people interested to list their protests or anything they wanted to say. Mr. Matheson said there were people from all walks of life in the area and they have different reasons for protesting; some are residents in the area and don't care for the traffic and discomfort due to fumes, noise and dirt in the area and they don't see why they have to pay to get it closer; with their being the majority owners and land area owners, they wish the 1911 Act would not be used for this and another means of financing the widening of 8th Street would be found. E. H. Alsdorf, 2105 J Avenue, was present and said he w;,ys_not a property owner in the proposed improvement area but he did use the street; he had some objections: this will be a street like Highland Avenue; the sidewalk will be up against the property line; when band reviews are held with many people present, they will be standing on the sidewalks instead of using some of our parking space and there are 250,000 to 500,000 expected every year for this one event; there will be retarded ingress and egress for those who are traveling by car and those using the sidewalks; they have Division, 2nd, 3rd, 4th, 5th, 6th and 7th Streets which are open from Highland to National and loth Street open from Highland to National; he could- n't see the necessity for making 8th Street wider for the increased flow of traffic; that's what they would be doing; there's no prohibition of using 5 either way, north or south if any of these streets are open and used. Mr. Alsdorf stated he was against the fire hydrants being in the sidewalks; it would be disgraceful to the City to allow that kind of thing to be done; they should be in the sidewalks but not in the middle; they were making a mistake by not using the rest of the streets they have open instead of insisting the property owner give up his parking; in talking about trees in the town, he inquired where they would put them on 8th Street. Ray Williams, 1636 D Ave- nue, was present and said since the 24th Street Pier was going in and build- ing he was trying to build his place up so National City would build up; new businesses would want to locate where there would be easy access to them; anyone here who would drive out to Chula Vista and see those areas they're building, National City could do the same; if they sit back and don't try to build the place up, Chula Vista will end up with all of the good businesses that will spring up from the 24th Street Pier; he thought everything should be done to help build National City. Herbert Sorkness, 3448 Robin Street, San Diego, was present and stated he owned property on E. 8th Street between J and K Avenues since 1941; he was cognizant of the fact the automobile own- ers are being taxed heavily for maintenance of roads; as taken from the Chamber of Commerce letter of last August, the primary purpose of widening 8th Street was to accommodate the motor vehicle traffic; they have threaten- ed the property owners with red curbing in order to increase the capacity of 8th Street for motor vehicle travel; he did not believe the 1911 Act could be used for this purpose; Council has the legal authority to go ahead regard- less of the wishes of the people but he felt it was morally wrong to use this power to assess the property owners on 8th Street in order to accommodate so many people which will be using that street now and later on; other means of financing should be used. George Webster, 305 F Avenue, was present and said the progress of the City depended upon transportation; we're bounded on the south by Sweetwater River, on the north by Division Avenue and within 3 - 4 years there will be a freeway on each of those routes; if we don't have a boulevard or an easy access through the middle of the City it will impede business within the community and everything we have depends upon business within the City; it's important to business and every resident in the City we improve the property and the access to the facility; in looking at the peti- tion, if there was 51% there, more than 30% of the people signing the peti- tion in opposition to the 1911 Act do not reside in National City; you will find property owners there in Dayton, Ohio, Phoenix, Los Angeles, Vista, and 12/3/68 193 La Jolla; in his opinion, they could care less so fax as business in National City was concerned; if we're to have easy access to the east with our pier development from Highway 5 to 805, it was most important to have 8th Street improved at this time; he urged the passage cf the 1911 Act. Gordon Wood- worth, 1041 E. 8th Street, was present and said it was only the people who lived on 8th Street or had property on 8th Street who are paying the 1911 Act which was his main objection; it was falling on the property owners on 8th Street to make this improvement which will benefit the businesses and every- body who commutes from other communities beyond National City; he would, therefore, like to see it taken out of gasoline taxes or some other arrange- ment. Moved by Hogue, seconded by Reid, the hearing be closed, the protest be overruled and the project be carried out. Councilman Colburn stated he was against the motion; 8th Street should be widened; it was necessary for the economy of National City to have a smooth flow of traffice, especially in the center of its business; the property owners have paid for the street at one time; the City widened 24th Street; when Highland Avenue was done, it was a shame it wasn't done by gasoline tax also instead of taxing the proper- ty owners; we paid for a street originally in front of our homes or property and with the understanding the City will maintain that street from then on; he felt it was the City's responsibility to widen it; we're contributing approximately 2/3 and talking about approximately an additional $70,000.00 remaining; he felt the City could do this with their money which would be of benefit to the City; the City could get the money back over a period of time from increased sales tax revenue; the 51% protest should be adhered to and the project not go forward but the City immediately take steps to raise the balance of the money necessary and contribute toward the project, then get the project completed, or if the amount of money that would be lacking by the 1911 Act could be taken up in the project not continuing past National Avenue or something to that effect and the difference between National and Harbor Drive could be very easily red -curbed and it would still offer the same travelway that could be offered by widening that section; he was sure there were ways they could do that without overruling the protests legitimately submitted. Mayor Morgan stated he owned property at the corner of Roosevelt and 8th Street and inquired how he stood legally in regard to voting on this issue. City Attorney McLean replied the Mayor did not have a financial in- terest in a contract that was to be awarded by this body and that's the only conflict of interest which was specifically covered in the Gvernment.ide; what they were doing tonight was not the award of a contract; as a member of the City Council he was obligated in 1911 Act proceedings to take action under the laws; the Streets & Highways Code says the Council must take action one way or another on the different steps of the proceedings; therefore, barring some disqualifying interest, the Mayor had a duty to vote; in his opinion, the Mayor could legally vote on this motion. Carried by the follow- ing vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. RESOLUTION NO. 9713, "RESOLUTION ORDERING WORK (8th Street, K Avenue to Easterly Line of Railway Right of Way, Assessment District No. 165)," was presented. Moved by Hogue, seconded by Camacho, the resolution be read by title. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. Moved by Hogue, seconded by Camacho, the meeting be closed. Carried by unan- imous vote. The meeting closed at 8:25 p.m. MAYO CITY , TI. CITY, CALIFORNIA ATTEST: 12/3/68