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HomeMy WebLinkAbout1968 02-06 CC MIN201 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OP THE CITY OF NATIONAL CITY, CALIFORNIA February 6, 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: Colburn, Harris, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McLean, Minogue, Osburn, Stockman. CITY CLERK MXNOGUE stated the Agenda listed the date as February 2nd and should be February 6th. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Vice Mayor Colburn. Moved by Hogue, seconded by Harris, the Minutes of the regular meeting of January 23, 1968 be approved. Carried by unanimous vote. Moved by Colburn, seconded by Reid, the City Attorney draw a resolution show- ing support of our Police Department and backing up the efforts they take in apprehending the criminal element and to help the repression of violence and unauthorized uses of narcotics and all the other things they are actively engaged in. Carried by unanimous vote. MAYOR MORGAN stated there was a vacancy on the Park.& Recreation Advisory Board and recommended the appointment of Albert Alvarado, 2423 E. 20th Street. Moved by Colburn, seconded by Harris, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR MORGAN stated it was reported on the news the State will give $216,000,000.00 to reduce property taxes next year and inquired if National City would receive any part of that amount; he asked the City Manager to check into this and report to Council on his findings. The Mayor's proposed proclamation of "BOY SCOUT WEEK" (February 7th - 13th) and "BOY SCOUT ANNIVERSARY DAY" (February 8th) was read, Moved by Coeburn, seconded by Harris, the proclamation be approved. Mayor Morgan introduced Boy Scouts present in the audience: Cub Scout Jeff Leighton and Boy Scout Mike Leighton of Pack 864, sponsored by Central School P.T.A.; Explorers Scouts Art Bermudez and Mike Fleck, Post 859, sponsored by the National City Police Department. Carried by unanimous vote. Lawrence Mueller, Scout Master, presented a plaque to the Mayor. E. H. Alsdorf, 2105 J Avenue, was present and said he has been actively associated with the Boy Scouts of America for thirty years. WILL/AM KLUMPP, 1334 E. 16th Street, was present and requested a guard rail be installed at his property; the fourth car has come into his front yard. Mayor Morgan said he would have the City Manager check into it. H. A. WATSON, 1619 Gamma Street, President, Branch 118, Fleet Reserve Association, was present and requested Council to sanction their change of name to National City Fleet Reserve Association; Branch 118 has held its meetings in National City since charter. (Vice Mayor Colburn left the Council Chambers.) Moved by Hogue, seconded by Harris, the request of Mr. Watson be granted. James A. McKinsey, 385 Bonita Street, Chula Vista, was present and read a section of their by laws which said their branch would be located in the City of National City. Councilman Hogue inquired why they needed the Council's sanction. Mr. Watson said it was a formality. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. 2/6/68 202 RESOLUTION NO, 9532, ".RESOLUTION OF AWARD OF CONTRACT (Valle Vista Drain - Job #537 - Specification No. 728)," was presented. Moved by Hogue, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The title was read. Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn, RESOLUTION NO. 9533, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION QUIT- CLAIM DEEDS (Coody, Snell, Wuest)," was presented. Moved by Reid, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The title was read. Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. RESOLUTION NO. 9534, "RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH THE SAN DIEGO UNIFIED SCHOOL DISTRICT," was presented. Moved by Harris, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. RESOLUTION NO. 9535, "RESOLUTION CHANGING NAME OF 10TH STREET TO PLAZA BOULEVARD (from Interstate 5 to Highland Avenue)," was presented. Moved by Harris, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The title was read. Moved by Harris, seconded by Morgan, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn, ORDINANCE NO. 1188, "ORDINANCE AMENDING ORDINANCE 1183 PROVIDING FOR PAVING OF STREETS," was presented for the second reading. Moved by Hogue, seconded by Reid, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The title was read. Moved by Reid, seconded by Harris, the Ordinance be adopted. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. ORDINANCE NO. 1189, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, CREATING A BUILDING AND HOUSING ADVISORY AND APPEALS BOARD, ESTABLISHING PRO- CEDURE FOR APPEALS, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES OF SAID CITY IN CONFLICT THEREWITH," was presented for the second reading. Moved by Hogue, seconded by Harris, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The title was read. Moved by Harris, seconded by Reid, the Ordinance be adopted. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None, Absent: Colburn. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $61,792.60, was presented. Moved by Hogue, seconded by Harris, the payroll be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $28,363.36 Traffic Safety 3,943.30 Park 1,807.07 2/6/68 203 Gas Tax 186.1 400.94 Sewer 608.70 Civic Center 175.70 T OTAL $35 99.07 Moved by Reid, seconded by Harris, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. The report of the CITY LIBRARIAN in regard to costs of bookmobile service in neighboring areas, was presented. Moved by Hogue, seconded by Reid, the report be accepted and filed. Councilman Harris said there were three book- mobiles in the City of San Diego running from Del Mar to the Mexican border which covered many square miles at great expense. Moved by Harris, seconded by Reid, the Council not consider a bookmobile. City Clerk Minogue said the first motion had not yet been voted on. Mayor Morgan stated the second motion was out of order. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. Moved by Harris, seconded by Reid, the Council not consider a bookmobile at this time. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: None. Absent: Colburn. (Vice Mayor Colburn returned to the Council Chamber.) Consideration of public nuisance, commercial buildings on the southwest corner of 8th Street and National Avenue, was presented. Councilman Hogue stated this item would take up a lot of time and there was a hearing scheduled for 8:00 p.m. City Clerk Minogue suggested they consider the first few items of New Business and after the hearing come back to this item. Mayor Morgan said if there were no objections from the Council they would do that. A communication from FIRE CHIEF J. C. BAILEY in regard to his retirement as of March 31st and requesting capable personnel within the Fire Department who are eligible be given first opportunity to compete for the position of Fire Chief, was presented. Councilman Reid stated they had qualified people in the Fire Department and only they should be allowed to take the examina- tion. City Manager Osburn said they had no intention of giving the examina- tion to anyone outside. Moved by Hogue, seconded by Reid, the communica- tion be filed, Mr. Bailey's request for retirement be accepted and proper recognition be given him. Carried by unanimous vote. Councilman Hogue stated the City Manager should make recommendations to the Council regarding filling the position of Fire Chief. City Manager Osburn stated his recommen- dation was that they stay within the department where there were qualified people. Moved by Reid, seconded by Harris, the City Manager's recommendation be approved. Councilman Hogue stated he did not know what this meant; did it mean the City Manager wanted their approval to stay within the City. City Manager Osburn said it was his intention to stay within the department. Councilman Hogue stated the motion was not needed; it was a waste of time. Vice Mayor Colburn said he didn't think any action was necessary at this time but as Civil Service created the qualifications and they know the qualifications can be met, then they can open the test to those in the de- partment; if they felt the qualifications weren't met, then they could expand it to further areas. City Manager Osburn said this was the procedure that would take place; he would have a recommendation regarding this soon. Councilman Harris stated the motion was to show the City Manager they were behind him. Councilman Hogue stated the City Manager was hired to run the City, and whether or not he picked anyone out of the department was not his business; however, he had better be sure he picked the right one. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. The HEARING ON THE PROPOSED CLOSING OF 7TH STREET BETWEEN Q AND R AVENUES, was held at this time. City Clerk Minogue stated she had the Certificate of Publication and the Affidavits of Posting on file; no written protests had been received. Director of Planning Stockman stated the proposed closing of 7th Street between Q Avenue and R Avenue was initiated by the City Planning 2/6/68 204 Commission at the request of the City Engineer; the Planning Commission recommended the City Engineer's request for closure be granted since all three property owners were in accord with the closing. Councilman Hogue inquired who brought the proposal up. Director of Planning Stockman said the Engineer brought it up; they are working on the design for Q Avenue between 4th and 7th Street and 7th Street to Palm Avenue; to bring it to equal grade with R Avenue would require a tremendous lowering of the grade at 7th and Q. No one was present in this regard. Moved by Colburn, seconded by Harris, the hearing be closed, the recommendation of the Planning Commis- sion be approved and it be referred to other authorities for further process - km,. Carried by unanimous vote. RESOLUTION NO. 9536, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE 7TH STREET BETWEEN 'Q' AVENUE AND 'R' AVENUE," was presented. Moved by Colburn, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Consideration of public nuisance, commercial buildings on the southwest corner of 8th Street and National Avenue, was again presented. City Attorney McLean said the premises in question were owned by Mr. Floyd Hicks, represented by Attorney Max Lercher; on August 14, 1965 the premises were inspected and a voluminous list of violations of City laws was presented to the owner; the property in question is: Club Melody, 804 National Avenue; law offices, 806 National Avenue; barber shop, 808 National Avenue, shoe shine parlor, 812 National Avenue; Neary's Cafe, 10 West 8th Street; Sophie's Cafe and Bar, 18 West 8th Street. The City Attorney said at that time the owner made certain proposals to occur during a two-year period; in 1967 the premises were inspected again by the same City and County officials and the lengthy list of violations of City laws, substantially identical to the ones that existed in 1965, were found; the owners were given notice on October 10, 1967 ordering them to abate the public nuisance being created by the condi- tion of their buildings; on December 5, 1967 an office hearing was held involving the City inspectors, the City Attorney, the City Manager, the property owner and his attorney; this office hearing was continued from time to time; it was agreed that the owner would submit a detailed proposal which would apply to the improvement of the property by January 10, 1968; the owner has submitted a letter through his attorney making certain proposals to repair the building together with a letter from a civil engineer who states he agrees the properties do not meet the building code of National City; Chief Building Inspector Biggs concludes, "It is the opinion of the writer that conditions causing these buildings to be declared unsafe and a Public Nuisance in 1965 (1) have not been improved, (2) such conditions have actually retrograded, and (3) that the proposal, as submitted, is not accept- able. It is the recommendation of this office that the matter be referred to the City Council for further action." The City Attorney stated Mr. Biggs stated in referring to the letter from the Civil Engineer employed by the owner: "Attached; to Mr. Lercher's letter is a report from Samuel F. Safino, Civil Engineer, a statement in said report that 'no structural distress or failures were noticed at the time of my visit...' indicates to the writer that Mr. Safino's inspection was made precipitately and his statements are obviously open to challenge." The City Attorney said the owner's proposals do not reduce the hazard of horizontal spread of fire which poses a threat to human life in the adjoining property nor is there any work proposed that would eliminate the hazards affecting the basic structural integrity of the building; it is the staff recommendation that a suit be instituted to force compliance with City law. Max Lercher (Attorney fox Mr. Floyd Hicks), 806 National Avenue, was present and said in going back to the 1965 matter, there were absolutely no promises made; in 1961 a building permit was issued for Sophie's Cafe and in 1963 a $3,000.00 improvement and renovation of Sophie's Cafe by permit was made, in 1965 an $1800.00 room was added on to the Club Melody, a two story building by permit. Mr. Lercher said work was going ahead (it has been g@.ing on for a month or so) to do away with some 2/6/68 205 things and to bring them up to code; Mr. Hicks has hired an architect to design a new building (drawings were on display in the Council Chamber); in a letter from Samuel F. Salina, Civil Engineer, he stated, "...but no structural distress or failures were noticed at the time of my visit which was made in December, 1967. There is no definite means of determining when structural failure of any portion, or the buildings as a whole, will occur as time has shown that the building has been structurally sound for quite some time." Mr. Lercher said the building had been standing soundly for a long tine, there have been no fires in that building and no floors nor ceilings have caved in; at the time the building and the adjacent buildings were constructed they were according to code; the code has been upgraded, so this has become a hazard; it is no greater hazard than it has ever been; what you have is a non -conforming use..., "should he be made to pay for this by tearing it down now?" There is a serious constitutional problem here, the problem of taking away a man's property without compensation and without due process; if the City would offer to pay off the mortgage, they could tear the building down now; Mr. Hicks went to the United States National Bank which carried his mortgage and has a letter signed by Mr. Jones which said, "I feel that the property would not warrant a loan in this amount. Your present building is not worth the balance existing on the first mortgage of $22,000.00. You would be in a better bargaining position if your building was free and clear." Mr. Lercher said Mr. Hicks has increased his mortgage payments from $500.00 to $750.00 per month which will reduce its retirement period fro* five to three years; the question is where do they go from here if their plan is not taken; a suit is threatened; to begin with, they asked for a board hearing on this; the board that they got was composed of all the heads of departments of the City; they didn't get a fair hearing when every- body sitting on the Appeals Board was a head of a City department who had his mind made up this building had to be torn down; if their proposal was not accepted, the next place for them to go was the court; there the judges understand about constitutional law, the taking of a man's property without due process or compensation; this is a lengthy process; Mr. McLean would not go in tomorrow and get them out Thursday. City Attorney McLean inquired if the Council had been told the plans were drawn by an architect. Mr. Lercher said they were; his name was W. Roy Stark.. Mr. Floyd Hicks (owner), 2503 L. Avenue, was present and stated Mr. Stark was a building designer and would be working with the engineer who wrote the letter referred to earlier. The City Attorney inquired if the person who drew the plans was an architect. Mr. Lercher said he was not sure if he was or not. On request of the City Attorney Mr. Lercher gave him the referenced letter from Mr. Jones of U. S. National. Mr. Hicks stated he had been trying his best to cooperate with the City in this matter; he thought he was imposed on; former City Manager Hess red -tagged his building in 1965 without due process as his last act before going out of office; this was brought out in the paper by statements of Mr. Biggs; he felt they would get along better by cooperating and working this out than by legal action. Vice Mayor Colburn requested Director of Building and Housing Biggs to come forward and answer some questions: were there health problems in regard to the plumbing and areas of that nature. Director of Building & Housing Biggs stated Mr. Hicks has agreed to take care of the plumbing problems and some of the electrical problems and requirements of the County Health Department; what he hasn't proposed to do and what the City is most interested in is eliminating the possibility of the spread of fire; if one building catches on fire, the entire block would go because proper fire walls were not installed; the other thing not mentioned in the ownerts proposal as submitted was correction to the structural portions of the building. Director of Building & Housing Biggs said he had heard the word "building" used; they were interested in all four of the structures; he challenged any engineer or anyone else to take a lookat those buildings and tell him there were no signs of structural failure; they were talking about four buildings and not just the two-story building on the corner. Vice Mayor Colburn inquired if the City had taken action to eliminate the possibility of this happening in other areas in other buildings. Director of Building and Housing Biggs stated he would answer by reminding the Council of a fire they had on the opposite side of the street in '47 or '48; the 2/6/68 206 buildings were newer and better fire protected; yet they nearly lost the entire block; in the event of fire on the property being discussed, there would be no buildings left. Vice Mayor Colburn inquired if there had been other buildings in National City that had been condemned. Director Biggs said there .had. Vice Mayor Colburn asked if there was any comparison between the traffic count of the condemned buildings and those being discussed. Mr. Biggs said there was; on the same street, only one block north of these particular buildings, two major buildings, the old hotel and another building just to the north of that; one building was taken out completely because it couldn't be brought up to code and the old hotel was brought up to today's standards; the owner of the property is very happy with the results because among other things it had reduced his fire insurance. Vice Mayor Colburn inquired if there was any estimate of how many people go in and out of the building day and night on 8th and National. Mr. Biggs said he would have no idea. Mayor Morgan inquired if he would consider it a large crowd that goes in and out of those buildings. Mr. Biggs said there were two restaurants and a bar and was sure they get considerable traffic. Councilman Hogue stated Mr. Lercher said in 1965 a building permit for $1,800.00 improvement was issued and the building was tagged in '65 and inquired if the building was tagged before or after the improvement. Director Biggs said he could search the records but he doubted very much if it was issued after the red tagging; at that time they had no legal reason not to issue a permit. Moved by Hogue, seconded by Colburn, the staff's recommendation that the procedures be taken to have this building condemned or brought up to code be approved. Vice Mayor Colburn inquired if the City Attorney had any further recommenda- tion at this time from a legal standpoint. City Attorney McLean said they would ask the Court to order the alternatives: either rehabilitate and come up to code, or tear it down; it is not accurate to say the City is requiring Mr. Hicks to tear his building down; it is up to him to decide what course of action he wants to follow. Moved by Hogue, seconded by Colburn, the word "building" in the motion be changed to "buildings." Carried by unanimous vote. A communication from DIRECTOR OF BUILDING AND HOUSING BIGGS in regard to a letter from the Plumbing -Heating -Cooling Contractor's Association of San Diego concerning adoption of the 1967 Uniform Plumbing Code and the property line cleanout and enclosing the referenced letter, were presented. Moved by Colburn, seconded by Harris, the letter be filed and the recommendation of the Director of Building and Housing to leave the system the way it is be approved. Carried by unanimous vote. An application for person to person transfer of on -sale beer license by THB<JDORE E. DuCHARME, DBA SOPHIE'S, 18 West 8th Street, was presented. Moved by Harris, seconded by Colburn, the application be protested. Carried by unanimous vote. An application for premises to premises transfer of off -sale beer and wine license by DAVID POSADA, JR., DBA DAVE'S GROCERY #2, 39 East 21st Street, was presented. E. H. Alsdorf, 2105 J Avenue, was present and said it did not appear to him the store was over 12' x 10' and felt this should be gone into before passing on it. Moved by Hogue, seconded by Harris, the application be filed. Councilman Reid inquired if he could aska question of Director of Buuilding & Housing Biggs: did that meet all the requirements such as having a bathroom in it, etc. Director Biggs said it was new construction just recently completed; it is very small; i.t has been inspected; there is nothing in the code that regulates the square footage. Mayor Morgan said if there was nothing in the code to govern this, they should change the code to not allow this small a building; he inquired if they had plumbing in the building. Director Biggs said they had all of the required plumbing; he thought the bathroom facilities were in an adjacent building which was approved by the code. Mayor Morgan said he would plead with the Council to protest this application; this is one place that was bad for the City. Motion and second withdrawn. Councilman Reid inquired if this license was tied in with the sale of groceries. City Manager Osburn said there were groceries in the store; he believed the owner had a little grocery store on the other side of town and was requesting a change of address for the license. Moved by Morgan, seconded by Hogue, the application be protested. Vice Mayor 2/6/68 207 Colburn inquired if Mr. Posada was in the audience. Councilman Reid said he didn't like the looks of it, but if it was tied in with the sale of groceries, would it be possible to lay it over for a week and request Mr. Posada to appear before the Council. Mayor Morgan said anything 10' x 14' and a building like that with no plumbing in it, he didn't think they should start building this sort of thing in National City. Carried by unanimous vote. Applications for permits: SAN DIEGO YELLOW CABS for twenty taxis, CARNATION CAB COMPANY for thirteen taxis, and BAY CITIES AMBULANCE for three ambulances, were presented. Moved by Harris, seconded by Hogue, the permits be granted. Councilman Reid requested the City Manager to find out if the ambulance still had its office on Highland. Carried by unanimous vote. The request of NATIONAL CITY LIONS CLUB for an increase in the City's contri- bution towards the annual 4th of July fireworks display, was presented. Moved by Harris, seconded by Reid, this be referred to the City Manager to bring back a report next week as to what they had in mind. Carried by unanimous vote. A communication from DIRECTOR OF BUILDING & HOUSING BIGGS recommending release of performance bond for Malone Productions, was presented. Moved by Colburn, seconded by Reid, the recommendation be approved. Carried by unanimous vote. A communication from JOHN HANSEN MATERIALS & HOUSE MOVING, INC. requesting refund of $25.00 deposit made in 1957 and the City Clerk.'s and Assistant City Manager's recommendation deposit be refunded, were presented. Moved by Harris, seconded by Reid, the deposit be refunded. Carried by the follow- ing vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. A communication from JACK NEILL, NEILL MOTORS, 22 Main Street, requesting refund of $60.00 paid for a business license he was not granted, report of the Assistant Planner and the Business License Clerk, and the City Treasurer's recommendation refund be approved, were presented. Moved by Colburn, seconded by Reid, the request be approved. Carried by unanimous vote. The Minutes of the regular meeting of the BOARD OF DIRECTORS OF THE SOUTH BAY IRRIGATION DISTRICT on January 2nd, was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER filing five items with the City Clerk. (no Council action necessary): Audit Report Justice Court for fiscal year ending 6/30/67, Communication from the City of Commerce enclosing their Resolution regardjng the League of California Cities position on distribution of cigarette taxes, Agenda and minutes of Filtration Study Group of Water Authority member agencies, Certificate of Insurance Guarantee Insurance Company covering Archie C. and Lydia M. Norman, 4305 Muir Avenue, San Diego, and Certificate of Insurance from the Travelers Insurance Company covering Thomas A. Stollenwerk, dba San Diego House Movers. CITY MANAGER OSBURN reported receipt of a request from the John Strong Circus to hold their circus April 11, 12, and 13 in the South Bay Plaza; they have deposited a certified check in the amount of $2,000.00 and a certified check for $75.00 for the business license; they asked this be taken care of as soon as possible so that they could set up their advertis- ing and promotion; this is basically a circus for smaller children and will be held in the east end of the South Bay Plaza. The City Manager recommended the request be granted. Moved by Hogue, seconded by Harris, the City Manager's recommendation be approved. Vice Mayor Colburn spoke against the motion as the noise may offend someone in that neighborhood. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. CITY CLERK MINOGUE reported receipt of a communication from the Division of Highways enclosing a copy of an adjustment addendum to 67-68 for State Allocated (0.725¢) Funds and advising future apportionments will be made 2/6/68 208 pursuant to provisions of Sec. 2107 and budget approvals will no longer be necessary; a copy was given to the City Engineer. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of a communication from President Edward H. Rademacher of the League of California Cities in regard to annual appoint- ments to League Committees: Mayor Morgan was appointed to the Committee on Home Rule. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of a Notice of Hearing before the Work.- men's Compensation Appeals Board, Philip Milligan, applicant, vs. the City of National City and the State Compensation Insurance Fund; a copy was referred to the City Attorney. CITY CLERK MINOGUE reported receipt of the 36th Annual Financial Report and Report of Operations of the Public Employees' Retirement System and their Annual Report to the Governor and Legislature which were on file. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission review and recommendation of the Application for Zone Variance No. Z-38 for the Happy Hollow Trailer Park, 999 Division Street: the zone variance be permitted to continue in effect subject to three stated conditions. Moved by Hogue, seconded by Colburn, the Planning Commission's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion relative to the establishment and appointment of a technical committee for the undergroundi.ng of utility facilities within the City: the City Council establish and appoint a Technical Committee composed of the City Manager, City Attorney, Public Works Director, City Engineer, Building and Housing Director, Director of Planning, one Councilman, one Planning Commissioner and a representative of each of the three utility companies to coordinate the efforts of the City and public utility companies in working out a plan for undergroundinng public utility facilities in order that the City may qualify under the ruling of the Public Utilities Commission for local utility companies to assist in the expense of undergrounding facilities; such a committee would be an advisory committee to the Planning Commission and City Council; all actions would be subject to approval by the City Council and it would be the responsibility ad the Planning Commission and City Council to hold any required public hearing and to approve all plans and ordinances necessary. Mayor Morgan stated if this was desired by the Council, he would like to appoint Councilman Harris to the committee. Moved by Hogue, seconded by Reid, the recommendation of the Planning Commission be accepted as to the formation of this committee and the Mayor's recommen- dation that Councilman Harris be appointed as representative for the Council be approved. Director of Planning Stockman stated the Planning Commission asked the Mayor to decide who on their Commission to appoint to the committee. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda- tion the Park Capital Improvement Program (a guideline for the ultimate development of Las Palmas Park, Kimball Park. and El Toyon Park within the City of National City, a five-year Capital Improvement Program for 1968-69 through 1971-72) be approved as submitted. Moved by Colburn, seconded by Harris, the Planning Commission's recommendation be approved. Vice Mayor Colburn said there had been some discussion as to which improvement would be first; he understood the recommendations set before them did not mean the improvements had to be done in the order listed, Director of Planning Stockman said the Program would be a guideline; there would be nothing to prevent changes; the next step would be the preparation of the beautification program for National City for the fiscal year 1968-69; this would have to go before the Park & Recreation Advisory Board, adopted by resolution by them, adopted by resolution by the Planning Commission and adopted by resolution of the City Council; before any application went into the Federal Government the entire matter would have to come backand be adopted by resolution of 2/6/68 209 the City Council. Mayor Morgan stated El Toyon should be first. Councilman Hogue asked if he voted on this does it mean Las Palmas would be Number 1 on the list for re -development. Director of Planning Stockman said no. Councilman Hogue inquired if before they did any improvement or re -develop- ment on any park would it come to the Council first. Director of Planning Stockman said it definitely would. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommendation regarding the appeal of the refusal of the issuance of a building permit at 2000 Roosevelt Avenue (Inasmuch as the National City Redevelopment Agency denied the permit since the property was within the proposed redevelopment area and at this time grades and street patterns were an unknown factor) the appeal of the refusal be rejected and the refusal of the issuance of the building permit be reiterated to the City Council. Moved by Colburn, seconded by Reid, the Planning Commission recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommendation regarding the proposed disposal of County surplus properties (former Gravel Pit No, 619 and the Duck Pond): (1) The City pursue whatever action would be necessary to acquire these properties in order that the City might control the use to be compatible with surrounding developments; (2) If purchase of the property is not feasible then the City make every effort before the sale of the land to have it annexed to the City of National City. Mayor Morgan recommended the Planner and Planning Commission to go ahead with procedures to annex this and the City Attorney to work with them. Moved by Colburn, seconded by Hogue, the Mayor's recommendation be approved. Vice Mayor Colburn inquired if there was a set amount they had asked for. Director of Planning Stockman said the information she .had did not indicate any price. Mayor Morgan said they asked $85,000.00 for the south part, not the Duck. Pond. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN recommended the Planning Commission recommenda- tion regarding zone change for property between 22nd and 24th Streets and A and B Avenues be brought before the City Council, the matter be set for public hearing before the Council with the Planning Commission's recommen- dation taken under consideration at that time. Moved by Colburn, seconded by Harris, the City Planning Department's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Engineering Department and Plann- ing Department recommendation the Grant Deed from Walter H. and Dorothy L. Kane for an additional ten foot dedication to widen Division Street in the 900 block as a major thoroughfare be accepted and the matter be referred to the City Attorney for the necessary resolution of acceptance. Moved by Colburn, seconded by Harris, the deed be accepted and referred to the City Attorney for further processing. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN requested permission to give an oral report of the Planning Commission recommendation in regard to Moynahan's Towing Service application for storage of police impounded vehicles. Moved by Colburn, seconded by Harris, this item be brought to the floor at this time. Carried by unanimous vote. Director of Planning Stockman stated at the regular meeting of the City Planning Commission on February 5, 1968 it was recommended a Special Use Permit be granted to the Moynahan Towing Service, as a partici- pant in the assignment of service calls on police impounded automobiles, to store on the property known as 2745 Wilson Avenue, motor vehicles which have been removed from the streets and highways of the City of National City and impounded by the Police Department because they are illegally parked, abandoned, involved within an accident, or obstructing traffic because of mechanical failure, subject to four conditions. Moved by Colburn, seconded by Hogue, the contract be awarded to the Moynahan Towing Service to become effective immediately and the Planning Commission's recommendations be adhered to. Councilman Hogue inquired if the cars would be stored inside the fence and not to the height they would be exposed. Director of Planning Stockman 2/6/68 210 said the ordinance provides they would have to be stored within the area indicated on the plot plan; they cannot be piled higher; if it was p' higher they would violate the ordinance or if it could be viewed from the them freeway it would be in violation also. Mayor Morgan inquired if this g the right to dismantle. Director of Planning Stockman sy aids ronlyrto ththe spart that ra Council did agree that takingcould the carremove downathere. Carried by the scrap disposal place prior9 Mor an. Nays: Reid• following vote, to -wit: Ayes: Colburn, Harris, Hogue, Vice Mayor Colburn inquired when the effective date was; in the ordinance there was room for two contractors to do business here and inquired if he could have a report on the second business. Director of Planning Stockman said she had not received a plot plan or a request rom e Coumcio to datep for a Special Use Permit; they have thirty days f rom thethem as one of the successful bidders to comply with this requirement; the thirty days will be up thirty days from January 23rd. Moved by Reid, seconded by Harris, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:55 p.m. ATTEST: CITY CLERK CI .,' NA IONAL CITY, CALIFORNIA 2/6/68