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HomeMy WebLinkAbout1967 07-25 CC MIN17 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 25, 1967 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: Linn, McLean, Minogue, Associate Civil Engineer Coley, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Pastor Lary Sharp, First Baptist Church. Moved by Hogue, seconded by Reid, the minutes of the regular meeting of July 18, 1967 be apoved. Carried by unanimous vote. The application for a Conditional Use Permit for AMERICAN CEMENT COMPANY'S installation of a bulk cement plant south of 24th Street, west of Harrison Avenue, was presented. Moved by Hogue, seconded by Colburn, the request be granted including the fifteen stipulations set down by the Planning Commission. Carried by unanimous vote. VICE MAYOR COLBURN spoke in favor of the urban development of the 100 acres in the industrial area, based on his knowledge of the needs of the City of National City. MAYOR MORGAN said a mailer was sent out saying "there would be no homes west of National Avenue, etc.;" this was scare tactics; the project being con- sidered now has nothing to do with the property they speak of; the only property concerned is south of 18th Street west of National Avenue; he read in Neil Morgan's column the Liberty Amendment is supported by Birch members; literature from Los Angeles preaching home rule was distributed in National City; home rule would not be possible if these people from Los Angeles were allowed to dictate how the government of National City is to be run; also literature printed in New Orleans, La. was passed out; if the citizens vote "no" on this at the election they are voting for the money to go to sane other city. MAYOR MORGAN stated he attended the concert in the park Sunday and expressed appreciation for the wonderful program put on by the young people (Let's Go San Diego); there will be another concert and art show Sunday, July 30, at 3:30 p.m. and everyone is invited to attend. COUNCILMAN HARRIS said National City has been his business home for twenty- four years and he had never seen a City Council that worked together for the City's interest better than the present one; when the Council had a plan to upgrade the City, there was always a group who seemed to have nothing to do but fight what was trying to be done (Councilman Reid left the Council Chamber); he was finding out now why National City did not seem to go ahead as fast as it should (Councilman Reid returned); he was not on the Council when the General Plan was adopted, but he did not think anyone believed the Council was out to use the master plan to destroy the people of National City. MAYOR MORGAN presented Mrs. Lorna Harris a certificate from the Red Cross for her efficient and diligent work as Chairman of the Red Cross fund raising campaign this year; she raised more money than had ever been raised before in National City for this organization. MAYOR MORGAN recognized Mrs. Jo Fasig, Deputy City Clerk, and requested her to introduce her daughter, Miss Carol Jo Fasig, and friend, Miss Becki Frock, who were present. 7/25/67 18 BLAIR FULLER, Secretary, Baha'i Faith in National City, was present and said a letter, dated July 17th, was sent to City Manager Osburn, requesting use of a community building for an art festival on October 22nd; this festival will be open to the public at no charge, no sales of any kind to be made. EVERETT DICKSON, 2745 E. 14th Street, was present and said the campaign literature shown earlier had much information on it but the answers were elusive; he asked "why $64,000.00 was spent for a Plan" which they did not intend to use. Vice Mayor Colburn stated the General Plan was to be used as a guide line for future development, assuming National City would develop and grow within the next twenty years. Councilman Hogue stated the City of National City spent $8,000.00, not $64,000.00, and the government financed the/est of the money. Mr. Dickson inquired about the General Plan Map. Councilman Hogue said a city could be compared to a business; you make future plans for expansion; a lot of our present problems such as streets and drainage were caused by lack of planning in the past; with a plan you try to anticipate problems before they become a reality and avoid them. Mr. Dickson inquired why National City needed 8 additional schools in the area bounded by National Avenue, Division, Palm and 30th if there was no intention to change the zoning from single family residence to multiple, including high rise apartments. Director of Planning Stockman said since 1959 the area between Division and 30th Street, National and Palm has been changed to R-4 Multiple family residence and commercial zone with the exception of the areas at the most easterly end of 1st Street west of Highland, between 12th and 16th and J, K and L, the subdivision on 15th and N, which are in an R-1 zone; the citizens who worked on the General Plan recommended the height of buildings be controlled so that they could go only to three or six stories and that there be open spaces in the city; it does not necessarily mean there will be eight schools but eight are planned, in the event the area were to be developed fully. Mr. Dickson inquired if the citizens had had an opportunity to vote on the General Plan. Director of Planning Stockman said in five months in the latter part of 1965-66 there were 71 published public meetings, two published hearings before the Planning Commission and one by the City Council. TOM LEONARD, 2740 Lincoln Court, was present and stated there could be a little more truth and facts put into selling the people of National City on urban renewal of the slough area west of National Avenue; he thought private enterprise could develop the area; he received literature in favor of the redevelopment which stated the value of the land would be increased 4 to 6 times. Mayor Morgan said with a building on the land the value would increase from 3 to 6 times. Mr. Leonard said McCune Motors was the first private business to come into the area; they had to drive piles into the mud to enable construction of the building. Mayor Morgan stated Mr. McCune said he was behind the project 100% and wanted it to go ahead so as to have business and industry surrounding the area and not have water backing up. MRS. JOHNSON, Columbine Trailer Court, 2630 National Avenue, was present and inquired why they could not get property (in the redevelopment area) appraised before they signed their names on a blank piece of paper. Mayor Morgan said the City had no money to have the land appraised; for the first 18 months to 2 years they would be receiving from the Federal Government a grant or gift to hire appraisers; after that they would know how much the land would sell for and how much they would get for it; after 18 months to 2 years two public hearings would be set up and anyone could cane and state his property had not been appraised high enough, etc.; if the City found the project was not feasible and dropped it, no money need be repaid. Council- man Hogue stated Mrs. Johnson would have the right to participate in the program if she wanted to; and if she was dissatisfied with the appraisal that was given she had the right to protest it at the public hearings or take it to the court. J. W. KIRBY, 115 E. 18th Street, was present and said basically the Civic Center was built with a bond issue and the additional expense to finish it was voted by the Council to come from monies realized by the sale of City owned property; in regard to the sale of the City owned property in the proposed 7/25/67 19 redevelopment area, money received would go no place except to the City and could be used for additional services; within the last 2 or 3 years he had listened to many requests from residents of Lincoln Acres area of National City to have National City pay for their sewers and if they had chosen to pay for their sewers they wouldn't have screamed about any free money or gifts; but now National City wants something from somebody else and they consider this wrong. Charles Green, 1244 K Avenue, was present and commented on the renewal of areas of Chicago where the buildings dated from about the time of the Chicago fire; over two miles of these delapidated dwellings were removed and replaced with 35-storey apartment houses in the midst of open land: one portion for parking lots and the other for parks. Mr. Green quoted the argument against Ordinance No. 1164, "The Redevelopment Agency (created by Ordinance 1164), financed by Federal tax -dollars, can seize your property, pay you a part of its real value, then sell it to private Real Estate Developers to develop and sell at a profit," and inquired if it was true. City Attorney McLean stated the redevelopment project under the California Redevelopment Law is conducted by the City Council and the local Redevelop- ment Agency appointed by the City Council; the Constitution of the United States provides that property cannot be taken for a public use without just compensation being paid; the Constitution of the State of California reiter- ates the same principle and provides that no eminent domain proceeding can be conducted unless the owner of the property taken for public use was paid adequate compensation; adequate compensation has been interpreted as the payment of fair market value of the land according to its highest and best use; if a property owner does not agree with a condemning authority that they have offered the highest price that the land merits, he can refuse to negotiate a sale; then theagency can decide whether or not to go forward by filing a suit; it is a gross misstatement of the law of this State to say that a government agency can acquire land for any purpose for any public use and pay less than the fair market value. Mr. Green inquired if it also would be a misstatement that the Redevelopment Agency could seize your property. City Attorney McLean said the correct term for such acquisition of property by a public agency is "condemnation," not "seizure;" "condemnation" is a word of legal significance which implies paying a price; "seizure" is a confiscation of land Without paying its price. Mrs. H. G. Rockwell, 2747 L Avenue, was present and inquired if after the planning and the appraisal were made, was it then that the City would make the contract but if there was a general discontent of those involved, the project could be dropped. Mayor Morgan stated the Federal Government or the Redevelopment Agency could drop it at any time; the people will be informed of everything about the project. Mrs. Rockwell inquired if it was known who composed the Citizens' Committee Against Urban Renewal. Mayor Morgan said he did not know who they were. Mrs. Kruegel, 2604 National Avenue, was present and said the reason for their sign saying "Vote No on August 1" was that they were afraid they would not get in condemnation what they owe on the property; if they partici- pated they believed it would cost them over $200,000.00 which they could not afford. Mayor Morgan said he could not tell her what it would cost now but could not imagine any price like that; it had been estimated it would cost approximately $600,000.00 for fill dirt on the whole project and there were 50 - 60 acres that would need filling, so $200,000.00 sounds completely out of line. Vice Mayor Colburn said he was certain the value of the land was more than what they owed on it; if it wasn't, if the value increased accord- ing to earlier comments lending agencies would be glad to loan the amount necessary. Tom Leonard said he believed they were anticipating things that would not be coming to them; he quoted again the statement, "Land values within the redeveloped areas would increase from 4 - 6 times their present value." Mayor Morgan stated that referred to taxes. Mr. Leonard said he did not know why it said land values if it referred to taxes. Mrs. Florence Uzemecki, 524 I Avenue, was present and said the Birch Society had been mentioned in connection with the opposition to the redevelopment plan; she read two letters from Rex T. Westerfield, Western Director of Public Relations, John Birch Society, to Lyle W. LaFaver, Managing Editor, Star -News, dated July 21, 1967, (the first being a letter of transmittal for the second letter which they requested be published) stating the John Birch Society was not assisting the Home Protective League, any other group, or any individual in their opposition to the National City waste lands for industrial use project. 7/25/67 Mrs. Uzemecki said they did not need the support of any group as they had enough proof in documents so that they did not need to call on outsiders; as for whether or not they had been permitted to vote on the General Plan, the answer was "no". Councilman Hogue inquired if any members of the Home Protective League owned property in the area to be redeveloped. Mrs. Uzemecki said they did and she and others of her group were there to represent them the same as the Councilmen were there to represent the City of National City; this was not a personal feud for her although she believed her property was at stake. Dr. Hugh Rockwell, 103 W. 24th Street, was present and inquired if after the redevelopment went through, someone who wanted ten acres could take the property of a small property owner (who wanted to participate by improving his own property) in order to make the ten acres. Vice Mayor Colburn said as he understood it and as he would fight for it, if acres was within a 10 acre possible use, they would at that time try to relocate the owner of the 11 acres and this would be part of the project's cost; there should be some areas set aside for large developments and some for scattered small ones; it was possible that a ten acre improvement could overrule a 4 acre improvement but he would consider the 4 acres because this is what our life's blood is. CITY ATTORNEY McLEAN introduced his wife, Marilyn, to the Council and audience. RESOLUTION NO. 9413, "RESOLUTION ESTABLISHING GENERAL PREVAILING RATE SCHEDULE OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS," was presented. Moved by Hogue, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of tl.e title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9414, "RESOLUTION ENDORSING ASSEMBLY BILL 2454 AND OPPOSING SENATE BILL 721, ALL RELATED TO THE ALLOCATION CF GAS TAX MONIES," was presented. Moved by Harris, seconded by Colburn, 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 Hogue, seconded by Reid, the' Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9415, "RESOLUTION ORDERING THE CANVASS OF BALLOTS AND RETURNS IN THE SPECIAL CITY ELECTION OF 1 AUGUST 1967 TO BE MADE BY THE CITY CLERK PRIOR TO THE FIRST TUESDAY AFTER THE ELECTION," 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 unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9416, "RESOLUTION REQUIRING MONEY FROM SALE OF CITY LANDS TO BE DEPOSITED IN THE CAPITAL OUTLAY FUND," was presented. Moved by Coeburn, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. Councilman Hogue inquired if this money would remain in the bank drawing interest. City Manager Osburn said it would. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Moved by Hogue, seconded by Harris, the reading of the resolutions referring to 4.1911 Act on Plaza Boulevard from Harbison Avenue to Terry Park Subdivi- sion, Assessment District No. 1542. be waived and they be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9417, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS, Plaza Boulevard from Harbison Avenue to Terry Park Subdivision, Assessment District No. 154." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9418, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT, Plaza Boulevard from Harbison Avenue to Terry Park Subdivision, Assessment District No. 154." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. 7/25/67 21 RESOLUTION NO. 9419, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931', Plaza Boulevard from Harbison Avenue to Terry Park Subdivision, Assessment District No. 154." Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9420, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE, Plaza Boulevard from Harbison Avenue to Terry Patk Subdivision, Assessment District No. 154 (September 6, 1967)." Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (Portion of National City Airport Annexation Lying West of the Westerly Line of the Southland Industrial Park Sub -Division and Its Southerly Extension)," was presented for the first reading. Moved by Hogue, seconded by Harris, the first.reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. ORDINANCE NO. 1172, "AN ORDINANCE AMENDING ORDINANCE NO. 962,. ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Dale Building Company)," was presented for the second reading. Moved by Colburn, seconded by Reid, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Harris, the Ordinance be adopted. Carried by unanimous vote. ORDINANCE NO. 1173, "AN ORDINANCE OF THE CITY OF NATIONAL CITY., CALIFORNIA, PROVIDING FOR THE ESTABLISHING OF THE CRITERIA FOR DEVELOPMENT WITHIN THE COMMERCIAL, MANUFACTURING AND INDUSTRIAL ZONES," 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 unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Ordinance be'adopted. Carried by unanimous vote. A communication'from. E. C. CIFERS, PRESIDENT, CHARLES'H. BACON COMPANY, INC., Lenoir City, Tenn., offering $27,520.00 for Lot 4 (revised drawing 188-L, March 26) providing property is zoned and City will make and complete the necessary street improvements by the time their building is finished, was presented. City Manager Osburn stated the offer included the City's asking price of $23,000.00 an acre plus $11.00 a front foot for the improvements; and recommended the offer be accepted. Moved by Hogue, seconded by Harris, the offer of the Charles.H. Bacon Company for Lot 4 of B Avenue for City owned property be accepted. Carried by unanimous vote. A communication from GEORGE WEBSTER, WEBSTER PONTIAC, offering $37,030.00 for Lot 3 and offering to pay an additional $11.00 per foot for roads, curbs and sidewalks where necessary, was presented. City Manager Osburn said the offer was identical to Mr. Cifers', the only difference being that Mr. Webster requests a 90 day escrow, and if the Council were in agreement, he recommended he and the City Attorney be authorized to open escrow on both of the properties. Moved by Harris, seconded by Reid, the City Manager's recommendation be approved. Vice Mayor Colburn inquired if under this same motion the City Manager and City Attorney would be authorized to go into escrow with the Charles H. Bacon Company as well as Webster. City Manager Osburn said that was correct. Councilman Hogue inquired if they sold the land to Mr. Webster could they be sure he would use this land and develop it and not speculate with it. City Manager Osburn said Mr. Webster stated he intended to use the property for employee parking and new car storage until his service volume growth necessitated additional service facilities; this stipulation could be part of the escrow agreement. Moved by Harris, seconded by Reid, it be included in the escrow that the property be used for employee parking and new car storage until his service volume growth necessitated additional service facilities. Carried by unanimous vote. A communication from E. J. MOORE, DIRECTOR OF OPERATIONS, CONTINANA CORPORA- TION, El Segundo, stating they will improve half the width of B Street frontage and asking if the City would be interested in doing the complete 7/25/67 22 street; Continana to pay for their portion, the balance to be assessed on the balance of the property, was presented. Moved by Hogue, seconded by Colburn, the request be granted. City Manager Osburn stated they would like another week on this to work on the possibility of improving every street in the area; this is very close to the Webster and Bacon Company land sale and they may be able to improve the streets in those areas at the same time. Motion and second withdrawn. Moved by Hogue, seconded by Reid, it be laid aside for further study. Carried by unanimous vote. A communication from the DIVISION OF HIGHWAYS in regard to traffic signal at the intersection of Harbor Drive and 8th Street relinquished to the City, was presented. Moved by Colburn, seconded by Reid, the communication be filed. Councilman Hogue said he was not satisfied with the reply from the State as he felt they had given the City faulty worn out equipment. Carried by unanimous vote. The request of MRS. CONSUELO RUBIO, CHAIRMAN, SISTER CITY COMMITTEE, the City provide transportation for the National City display to and from the Tecate Fair, was presented. City Manager Osburn recommended it be approved under the Sister City Program. Moved by Colburn, seconded by Hogue, the request be granted. Carried by unanimous vote. A communication from the SAN DIEGO COUNTY WATER AUTHORITY in regard to their tax levy for the fiscal year 1967-68, was presented. Ordered filed by unanimous vote. CITY CLERK MINOGUE read the communication from WILFRED ESCALANTE, SECRETARY, PARK & RECREATION ADVISORY BOARD, requesting citizens bring matters relating to the Park or Recreation to the Board for discussion or advisement and stating PRAB meets the second Wednesday, 7:30 p.m., in the City Council Chambers. Ordered filed by unanimous vote. Step increases for Donald E. DeBus, Donald H. Spickard, Clovee Wright and Bernitine Heizer, approved by their department heads and the City Manager, were presented. Moved by Colburn, seconded by Harris, the step increases be approved. Carried by unanimous vote. Minutes of the CIVIL SERVICE COMMISSION meeting of July 19, 1967, were presented. Ordered filed by unanimous vote. The TRAFFIC SAFETY COMMITTEE Minutes of July 12, 1967, were presented. Moved by Colburn, seconded by Harris, the minutes be accepted and filed and items listed as A and B under Old Business and Item A under New Business be approved and referred to the proper departments for further studies. Councilman Reid inquired if the -item was to be referred to an outside engineer. Vice Mayor Colburn said the motion referred it to the City Manager to have a meeting with their chairmen and to discuss it and bring back a report. Carried by unanimous vote. A communication from CITY MANAGER OSBURN stating seven items were to be filed with the City Clerk (no Council action necessary): (1) Insurance Notice of Cancellation regarding Policy No. C1461 00 45 covering William J. Haas, 8036 Roy Street, Lemon Grove (2) Certificate of Insurance from Pacific Indemnity Company covering the San Diego Unified School District et al regarding Hold Harmless Lease Agreement, Las Palmas Municipal Pool, Policy No. LP 10355 (3) Communication, San Diego & Arizona Eastern Railway Company to the Public Utilities Commission requesting authority to construct an industrial spur track across Coolidge Avenue into Southland Industrial Park, Unit No. 1 (4) Communication from the San Diego County Water Authority, dated July 17, 1967, to all operating heads of member agencies regarding Committee Meetings (5) Communication from the San Diego County Water Author- ity Operating Heads Committee for Cooperative Joint use of facilities recommendation regarding goals to be established for summer session of 1967 and recommended formula to establish quotas for operational storage in San Vicente Reservoir (6) San Diego County Water Authority report, dated June 30, 1967, regarding operations for the month of June (7) Certificate of 7/25/67 23 Insurance from Swett & Crawford covering Bernard S. Mills and Arnold Seyde DBA Arnold Seyde, House Moving and Wrecking, 226 W. 9th Street, was presented. DIRECTOR OF PLANNING STOCKMAN stated she received a letter from the legal counsel of Peter J. and Irene V. Rossi relative to their application for zone change (northwest corner of 8th & T Avenue) on which the Planning Commission recommended denial. Director of Planning Stockman recommended the letter be referred to the City Attorney and if he finds it meets the require- ments of the Government Code, it be referred to the City Clerk to set for public hearing before the City Council on August 15th. Moved by Colburn, seconded by Reid, the Director of Planning's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN stated he received a letter from H. M. Taylor, Assistant County Engineer, relating to the traffic signal at 3Oth and Highland; this light is paid for partly by the County and partly by the City; the County proposes putting in $1200.00 worth of improvements and are requesting $300.00 as the City's portion of the project; he recommended approval and authorization to pay the $300.00: Moved by Colburn, seconded by Harris, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. MELVIN CHESTER, 1531 E. 7th Street, was present and inquired if the request of the Baha'i Faith to use the El Toyon Community Center October 22 had been acted upon. City. Manager Osburn said they were checking to see if the building would be available on that date; he would send them a letter within two or three days. MAYOR MORGAN recommended the meeting be adjourned to an Executive Session. Moved by Colburn, seconded by Harris, the Mayor's recommendation be approved, Carried by unanimous vote. The meeting adjourned to Executive Session at 9:10 p.m. The meeting was called back to order at 9:26 p.m. by Mayor Morgan, Council members present: Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None. MAYOR MORGAN recommended the appointment of Mrs. Thelma Hollingsworth, 930 E. 12th Street, to replace Jay Sutcliffe on the Library Board of Trustees. Moved by Harris, seconded by Reid, the Mayor's recommendations be approved. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Abstaining: Hogue. MAYOR MORGAN announced that due to the election Tuesday, August 1, the next meeting of the City Council would be on August 8th. Moved by Hogue, seconded by Harris, the meetinct be closed. Carried .by unanimous vote. The meeting closed at 9:28 p.m. ATTEST: '7/25/6'7