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HomeMy WebLinkAbout1967 08-08 CC MIN24 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 8, 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: Foster, Linn, McLean, Minogue, Osburn. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by E. H. Alsdorf. MAYOR MORGAN presented Police Lt. John F. Liesman with a twenty year pin and expressed appreciation of his outstanding work. MAYOR MORGAN stated complaints were received in regard to the audience talk- ing during Council meetings preventing others from hearing what was being discussed; he urged the audience to obey the rules and not disturb other people. Moved by Reid, seconded by Harris, the minutes of the re ular meeting of July 25, 1967 be approved. Carried by unanimous vote. CITY CLERK MINCGUE presented the Certificate of Canvass of Ballots for the August 1 Special Municipal Election. RESOLUTION NO. 9421, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON AUGUST 1, 1967 the City Council of the City of National City, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: 'Section 1. That a special municipal election was duly called and regularly held in said city on the 1st day of August, 1967, at which election there was submitted to the qualified voters of said city the following measure, to wit: 'CITY ORDINANCE PROPOSITION: Shall the ordinance of the City of National City declaring a need for a Redevelopment Agency to function in the City of National City and declaring the legislative body of the community to be the agency be adopted? 15ection 2. That the returns of said election have been duly and regularly canvassed by the City Clerk as provided by law, and as ordered by the City Council pursuant to Section 22932.5 of the California Elections Code, and all absentee ballots, if any, returned have been canvassed as provided by law. Section 3. That the votes cast in the precincts established for said election upon said measure and for and against said measure, the absentee votes, if any, cast upon said measure and for and against said measure, and the total votes cast at said election for and against said measure and upon said measure are as follows: PRECINCT YES NO TOTAL 1 83 66 149 2 135 76 212 3 125 70 195 4 83 53 136 5 140 43 183 6 121 45 166 7 107 36 143 8 113 52 165 8/8/67 25 PRECINCT YES NO TOTAL 9 132 45 177 10 118 31 149 11 130 71 201 12 113 59 172 13 115 67 182 14 100 51 151 15 140 69 209 16 89 131 220 17 83 52_ 135 18 117 27 144 19 155 52 207 20 93 26 119 21 109 86 195 22 54 23 77 23 134 70 204 24 94 72 166 25 147 66 213 26 160 74 234 27 97 94 191 Totals in Precincts 3087 1607 4694 Absentee Votes 68 27 95 Total Votes Including Absentee Votes 3155 1634 4789 Section 4. That the votes of a majority of all the voters voting at said election upon said measure were cast in favor of the adoption of said City Ordinance and said measure is hereby declared to have carried at said election. `Section 5. That the City Clerk of this City is hereby directed to enter this resolution in full in the minutes of this City Council, which entry shall constitute the City Clerk's statement of the result of the election." 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. VICE MAYOR COLBURN recognized his daughter, Toni Colburn, and LaNiece Rico, Members of the Pompon Corps, Pop Warner Football League, and stated they were selling tickets to a pancake breakfast at the El Toyon Community Build- ing, Sunday, August 13, 8:00 a.m.to 2:00 p.m. to raise money for the League. COUNCILMAN HOGUE announced the birth of his grandson, William Hamilton Craddock, on his birthday (August 5th). COUNCILMAN HOGUE requested the City Manager report on the possibility of lighting the El Toyon Field; before he was elected to the Council, money was available for lighting the field but he asked the Council to light the field in Kimball Park at that time and the Council promised when money was avail- able the lighting would be installed for El Toyon; the report should cover money available and the cost of lighting the field. MAYOR MORGAN stated there was a vacancy on the Park and Recreation Advisory Board (to fill unexpired term of Mr. Coppens) and recommended the appointment of Robert P. Clark, 1903 N Avenue. Moved by Hogue, seconded by Colburn, the recommendation of the Mayor be approved. Mayor Morgan asked Mr. Clark to stand and be recognized. Carried by unanimous vote. 8/8/67 26 The Mayor's proposed proclamation of CHRISTIANS AND JEWS FOR LAW AND MORALITY WEEK (August 11, 1967) was read. Moved by Colburn, seconded by Harris, the proclamation be approved. Carried by unanimous vote. MAYOR MORGAN stated August 18th would be "Good Neighbor Day" at Tecate en Marche; Senator Mills and Judge Donovan will go down with a group from National City and he would like as many people as possible to go. The Mayor stated further that National City has an active Sister City Committee. PETER STORTON, 920 Ethel Place, was present and said the Citizens Committee for Industrial Development wished to thank the City Council for giving the citizens of National City an opportunity to show their support of the redevelopment project; they asked that the Council keep the citizens up to date on this project through the press, public bulletin, etc.; the Citizens Committee, if needed, would come out of its dormant stage to help in the project. Mayor Morgan stated they appreciated the work of the Citizens Committee which enabled the redevelopment measure to be passed. The Mayor requested the City Manager keep the people informed of the progress of the project. CITY LIBRARIAN CARLIE MEYER presented the Library's Annual Report for the fiscal year ending June 30, 1967. Mayor Morgan congratulated Miss Carlie Meyer on her appointment as City Librarian. RESOLUTION NO. 9422, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON ("C" Avenue, 20th Street, 21st Street, Alley, Assessment District No. 147)," was presented. Moved by Colburn, 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 Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9423, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE PERSONNEL BOARD," was presented. Moved by Colburn, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. City Manager Osburn stated this resolution should be read only if the Council approved his request to enter into an agreement with the State Cooperative Personnel Services for classification and salary survey (Item 14 under New Business on the Agenda). Moved by Hogue, the item on the Agenda pertaining to the survey be moved up at this time. Mayor Morgan stated there was already a motion on the floor. Councilman Colburn inquired if the resolution was read and adopted, would it be necessary to approve the recommendation of the City Manager. The City Attorney said the Resolution would cover Item 14 under New Business (Communi- cation from City Manager Osburn recommending the City enter into an agreement with the State Cooperative Personnel Services for classification and salary analysis). Councilman Reid inquired what the project would cost. City Manager Osburn replied the maximum cost would be $4700.00 but probably would be less than that. Councilman Reid stated he was against it; it would be giving away $5,000.00 which could be used for raises or better use. Mayor Morgan asked the City Manager to clarify his recommendation. City Manager Osburn said the Employees' Association believed salaries were out of line (with some salaries not needing as much adjusting as others); the purpose of the recommendation was to get the opinion of outside experts as to whether or not our salaries are below neighboring cities and the amounts; the study would probably take at least thirty days; a study has not been made since 1962 and it is recommended one be made every three years. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. The title was read. Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. CITY ATTORNEY McLEAN stated he had a resolution to present that granted a Conditional Use Permit to the American Cement Company; the Planning Commission 8/8/67 27 recommendation of approval subject to fifteen conditions was approved by the City Council at its last meeting. Moved by Hogue, seconded by Harris, the Resolution be tabled until a report could be presented by City Manager Osbiivn as to the amount of dust disturbances this would -create in the co tiunity. Carried, by the following vote, to. -wit: Ayes: Harris, Hogue, Morgan. Nays: Colburn, Reid. THE HEARING ON THE REQUEST FOR ZONE CHANGE TO ESTABLISH C-2-P-D, LIMITED COMMERCIAL PLANNED DEVELOPMENT ZONE ON THE DERR ANNEXATION LOCATED WEST OF F AVENUE BETWEEN CLOSED 31ST STREET AND CLOSED 32ND STREET, was held at this time. In the absence of Director of Planning Stockman, City Attorney McLean presented the Planning Commission recommendation: To assure orderly develop- ment of the area and since the prezoning established on this annexation was C-2-P-D, Limited Commercial Planned Development to permit the owner to develop the lands as an automobile parking lot in conjunction with the Sale City Swap Meet to the south, the property be zoned C-2-P-D, Limited Commercial Planned Development, the Planning Commission to give grave consid- eration to protection of the abutting existing residential uses and the elimination of commercial usage of F Avenue which is inadequately improved for such use. (Councilman Harris left the meeting.) L. T. Derr, 3200 D Avenue, owner of the property, was present and said this matter was heard before the Planning Commission and he believed a workable solution had been developed; they could proceed in an orderly fashion to develop the parking lot and requested the Council approve the C-2-P-D as recommended. Moved by Hogue, seconded by Colburn, the recommendation of the Planning Commission be approved and the matter be referred to the proper City channels for final processing. Carried by unanimous vote. Absent: Harris. THE HEARING ON THE APPLICATION FOR ZONE'CHANGE_FROM R-4, MULTIPLE FAMILY RESIDENCE ZONE, TO C-2, LIMITED COMMERCIAL ZONE, BY L. T. DERR RELATIVE TO PROPERTY LOCATED WEST OF D AVENUE BETWEEN 31ST STREET AND 32ND STREET (CLOSED), was held at this time. The Appeal of L. T. Derr to delete "Planned Development" from Zone Reclassification C-2-P-D, was presented. In the absence of Director of Planning Stockman, City Attorney McLean presented the Planning Commission recommendation: the area be zoned C-2-P-D, Limited Commercial, Planned Development Zone, because with the installation of the Sweetwater Flood Control Channel with State Freeway Route 54 running parallel to it in Sweetwater Valley bordering the southerly portion of Sale City Swap Meet property with on and off ramps at Highland Avenue and National Avenue, this area would lend itself especially well for industrial and commercial usage, but that any zoning within the area should be under a Planned Develop- ment program to assure orderly development. L. T. Derr, 3200 D Avenue, owner of the property, was present and displayed a map showing the affected and abutting properties; they were asking for C-2 Zoning (the deletion of "Planned Development" from Zone Reclassification C-2-P-D) due to the fact there were thirty-four conditions imposed on this piece of property. City Attorney McLean said the thirty-four conditions Mr. Derr referred to are not a part of the basic C-2-P-D zoning but were, in answer to an application for per- mission to operate a commercial parking -lot under a C-2 zoning; the C-2-P-D in itself does not impose any number of conditions but gives the Planning Commission and the Council the power to impose those conditions which seem necessary to accomplish the proper use of the land and to protect the adjacent land owners; Mr. Derr made a presentation to the Planning Commission for the use of the commercial parking lot (a parking lot in which he w axld charge customers a fee for parking) and it was then the Planning staff made a report to the Planning Commission (which was approved by them) imposing numerous conditions which related to landscaping, lighting, fences, etc.; when Mr., Derr saw the number of conditions to be imposed, he went to the Planning Commission and asked that some of the conditions be removed; the Planning Commission rejected his request; now Mr. Derr is asking that the P-D be removed from the other piece -of property. Mr. Derr said they were not ask- ing.for any change at all; the Planned Development permit now existing against first piece, of land abutting on F Street that was under the first hearing is. in the process of being worked out; the piece of land now being talked about fronts on D Avenue and the Planning Commission recommended 8/8/67 28 C-2-P-D zoning and they are asking a C-2 so that the land can be put in an equitable position with the other land; this is a temporary thing until the freeway and flood control go through; at that tine any improvement on the property would have to be torn out; they also would agree to attach a require- ment that the property go Planned Development when it is put to better use. Vice Mayor Colburn asked what conditions other than the one relating to permanent installations would be a hardship. Mr. Derr said there were several other conditions imposed on the original piece of property that they asked to be deleted; they were not deleted and they would live with them; several of the conditions were very restrictive to the use of this land; some they felt had no authority under the ordinance but that is yet to be worked out under the permit; the entire thought behind asking for the deletion of P-D on D Avenue was so that they could get it into operation as quickly as possible without being faced with unfair conditions imposed on a parking lot that is a two day a. week affair and temporary. Vice Mayor Colburn inquired if the zone change or permit could be issued for a parking lot without a P-D attachment but the covering resolution impose a future P-D use for any permanent construction. City Attorney McLean said he didn't see how; if it is zoned C-2, Mr. Derr would have the legal right to use the property for any permissible use in a C-2 Zone; if the land was zoned C-2 tonight, he could apply for a building permit tomorrow. Vice Mayor Colburn inquired if they zoned this as the Planning Commission recommended, could the P-D restriction for the use Mr. Derr wanted to use it for be reduced to liveable conditions. Mr. Derr said he would go along with the C-2-P-D right now under those conditions; the only thing he wanted to do was to get away from restrictive conditions on the new parking lot. Vice Mayor Colburn said he favored the C-2-R-D on this piece of property and for the immediate use of the land for a. parking lot, consideration be given the capital investments of any permanent structures as P-D and reduce conditions to make them liveable and allow the parking lot to be operated; when the flood control channel and highway go through the value of the property will increase and the whole area might be utilized for one large business. Moved by Hogue, seconded by Reid, the hearing be closed and the request be denied. Vice Mayor Colburn said in the Planning Commission's report it said, "...it was moved and passed by a six to one vote to close the public hearing and recommend the establishment of a C-2-P-D, Limited Commercial, Planned Development Zone," but if it was already zoned so why was it recommended a C-2-P-D Zone be established. City Attorney McLean stated Mr. Derr was appealing that portion of the zoning. Carried by unanimous vote. Absent: Harris. City Clerk Minogue said the hearing was scheduled on the Agenda as an application for zone change from an R-4 to C-2; the Planning Commission recommended C-2-P-D,, and she inquired if no action was taken would it remain R-4. City Attorney McLean stated the zoning as now established is R-4, but the ordinance to be presented to Council for adoption will put it in C-2-P-D. Peter Storton, Chairman of the Planning Commission, said Mr. Derr did at one time ask for parking in the R-4 Zone which is not allowed and then asked for C-2 Commercial zoning; in order to put on the proper restriction because of regulations of the Fire Department, Police Department and the residents who talked to the Planning Commission, they went along with the C-2 but added the P-D. ORDINANCE NO. 1174, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY CP NATIONAL CITY, CALIFORNIA (Portion of National City Airport Annexation Lying West of the Westerly Line of the Southland Industrial Park Subdivision and Its Southerly Extension)," 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. Absent: Harris. The title was read. Moved by Reid, seconded by Hogue, the Ordinance be adopted. Carried by unanimous vote. Absent: Harris. CITY ATTORNEY McLEAN stated there was a matter of pending litigation pertain- ing to property at 24th Street and suggested an Executive Session be called at the end of the regular meeting. PAYROLL AUDITS BY THE FINANCE COMMITTEE in the amount of $74,207.20 was presented. Moved by Colburn, seconded by Reid, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. Absent: Harris. 8/8/67 29 A communication from D. S. SHEPARD, DIVISION OF HIGHWAYS, enclosing a copy of a plan for Interstate Route 805 in the vicinity of Plaza Boulevard, was presented. City Engineer Foster displayed the map showing access east of Interstate Route 805 eliminating Paradise Drive to accommodate the northbound ramp from Plaza Boulevard to Interstate Route 805; he suggested it be referred to the Planning Commission and/or the Engineering Department for a recommendation. Mayor Morgan recommended it be referred to the Chamber of Commerce, Planning Commission and Engineering Department for recommendations. Moved by Hogue, seconded by Colburn, the Mayor's recommendation be approved, Carried by unanimous vote. Absent: Harris. A communication from the JAYCEES requesting a no fee permit to solicit money for. an Ambulance for Tecate and the recommendation of the City Treasurer it be approved, were presented. Moved by Hogue, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Harris. A communication from JUNIORS OF SOCIAL SERVICE to solicit funds and the recommendation of the were presented. Moved by Colburn, seconded by granted. Carried by unanimous vote. Absent: AUXILIARY requesting permission City Treasurer it be approved, Morgan, the request be Harris, A communication with attached map from ED. T. MALONEY, REALTOR & ASSOCIATES, relative to city owned property in approximately the 2200 Block, south of Plaza Boulevard and Director of Planning Stockman's recommendation a Real Estate Committee meeting be set for Thursday, August 10, 1967, were presented. City Manager Lisburn recommended these items be referred to the Real Estate Committee (meeting Thursday, August loth, at 4:00 p.m.). Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from the CHAMBER OF COMMERCE recommending a private engineer- ing survey be made on the traffic flow problem at loth and Highland and that a twenty -foot loading zone be granted to Frank Lincoln-Mercury on 12th Street, was presented, Vice Mayor Colburn stated the first item was being taken care of. City Manager Osburn stated he believed the second item recommended was turned down at one t, a he woeld'check it to be sure. Moved by Hogue, seconded by Reid, thit item be tabled until the information is brought back to Council. Carried by unanimous vote. Absent: Harris. Vice Mayor Colburn inquired if there were any loading zones in National City. City Manager Osburn stated the laundry has one. A communication from FREELAND/BIRD & ASSOCIATES stating they would provide professional services to prepare documents, bid, and observe installation of clocks and pistol range at the Civic Center for a total amount not to exceed $500.00; if due to action of the Contractor, they were caused to provide site inspection in excess of eight hours, they would request additional compensation only if the $500.00 limit is exceeded, was presented. City Manager Osburn recommended the services of Freeland/Bird & Associates be obtained for this work. Moved by. Hogue, seconded by Colburn, the City Manager's recommendation be approved. Councilman Reid stated he did not like the one stipulation (...they would request additional compensation only if the $500.00 limit is exceeded) as it could go to any amount. City Manager Osburn said there was a clause stating eight hours of inspection should be sufficient for a job of this type; ;n the event of a problem they would want additional compensation to cover the inspection time over eight hours. Vice Mayor Colburn inquired if the contract with the construction contractor could include that if there was any failure of performance which caused reinspection he would have to pay the additional fees. City Attorney McLean said this could be done. Carried by unanimous vote. Absent: Harris, An application by TEDDY L. BRADT, 13%5 E, 26th Street, for a change of owner permit for Aaron Ambulance Company and a copy of Binder Certificate, were presented. Moved by Colburn, seconded by Reid, the request be _vented and approved and a verification of the insurance be sent in. Carried by unanimous vote. Absent: Harris. 8/8/67 30 A communication from the COMMUNITY ACTION COUNCIL OF NATIONAL CITY-LINCOLN ACRES commending the Park and Recreation Department fox help in the presenta- tion of the Summer Fiesta, was presented. Ordered fi:ied by unanimous vote. Absent: Harris. The Minutes of the LIBRARY BOARD OF TRUSTEES meeting of July 5, 1967, were presented. Ordered filed by unanimous vote. Absent: Harris. The Minutes of the FINANCE COMMITTEE meeting of July 24, 1967, were presented, Moved by Hogue, seconded by Colburn, the Minutes be filed. City Manager Osburn stated the Finance Committee recommended the tentative budget be accepted as it now stands and he suggested action be taken. Carried by unanimous vote. Absent: .Harris. Moved by Colburn, seconded by Hogue, the Finance Committee's recommendation to accept the tentative budget be approved. Councilman Reid inquired if various items of capital outlay to be ordered under the tentative budget would come before the Council for approval. City Manager Osburn stated he was directed to do that; this is a tentative budget; the State is studying or passing laws which will give the City more revenue and other things were still coming in related to the budget; the total assessed valuation has not been received and when it is the tax rate will be set. Carried by unanimous vote. Absent: Harris. A communication from the CALIFORNIA BOARD OF PARK & RECREATION PERSONNEL, stating Raleigh Leighton Pratt has qualified professionally and was granted a certificate as a Registered Recreator, was presented. Moved by Hogue, seconded by Reid, the communication be filed. Vice Mayor Coiburn suggested a copy of the letter be put in Mr. Pratt's personnel folder and a note of thanks be sent to him for attaining this recognition. Carried by unanimous vote. Absent: Harris. A communication from CITY ATTORNEY McLEAN recommending the business license ordinance pertaining to for hire vehicles be amended to require public liability insurance of $1,000,000.00 per accident and $500,000.00 for each person, was presented. Moved by Hogue, the City Attorney's recommendation be approved. Motion died for lack of second. Moved by Coiburn, seconded by Reid, it be referred to the City Manager for a report to Council as to the amounts required in other cities for a comparison and also the differences in amounts from the present ordinance to the amounts proposed. Councilman Hogue asked the City Attorney why he requested the amendment. The City Attorney said the last insurance certificate he, brought it to his attention in view of the risk to the public in case of an ambulance accident. Carried by unanimous vote. Absent: Harris. .A communication from J. DEKEMA, DISTRICT ENGINEER, DIVISION OF HIGHWAYS, stating the U. S. Department of Commerce, Department of Transportation, announced an annual highway beauty awards competition would be held, first awards to be made January 1968, was presented. Moved by Colburn, seconded by Reid, the communication be referred to the City Beautification Committee. Carried by unanimous vote. Absent: Harris. An application for person to person transfer On -Sale General, Bona Fide Public Eating Place, by MARLIN REED and JAMES W. and KATY E. THOMPSON, DBA CAFE LaMAZE, was presented. Moved by.Hogue, seconded by Coiburn, the appli- cation be filed. E. H. Alsdorf, 2105 J Avenue, was present and inquired the address.of this businese'and that of the next Agenda item. Mayor Morgan gave him the location which was 1441 Highland Avenue, the next application on the Agenda was 637-9 National Avenue. Carried, by the follow- ing vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: None. Abstaining: Morgan. Absent: Harris. An application for On Sale Beer License by JEAN E. and ROBERT R. LUISI DBA LUIGI'S NO. 7, was presented. Moved by Colburn a letter be sent to the Department of Alcoholic Beverage Control requesting if the license was issued the Chief. of Police's recommendations be included and made a part of the issuance of that license. Motion died for lack of second. Moved by 8/8/67 31 Hogue, seconded by Reid, the license be protested. Vice Mayor Colburn said the City Council was on record of approving a prior license issued with the same stipulations; this application was for an eating establishment with beer to be included; the recommendations were that it could not convert from an eating establishment to what would normally be considered a bar, etc.; the three recommendations for this application were the same the ABC went along with previously and they would probably go along with them this time and allow the restaurant to be located within the City of National City. Carried, by the following vote, to -wit: Ayes: Hogue, Reid, Morgan. Nays: Colburn. Absent: Harris. A communication from CITY MANAGER OSBURN stating two items were filed with the City Clerk (no Council action necessary): (1) Minutes, Regular Meeting, Board of Directors, South Bay Irrigation District, July 5, 1967 (2) San Diego County Water Authority letter, dated August 1, 1967, to operating heads of member agencies, was presented. A communication from CITY MANAGER OSBURN recommending a driveway variance requested by Henry Koppen, 1510 E. 4th Street, be referred to the Engineering and Planning Departments for a report, was presented. Moved by Hogue, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Harris. The PLANNING COMMISSION recommendation regarding the renaming of loth Street to Plaza Boulevard, was presented. Moved by Colburn, seconded by Hogue, the Planning Commission recommendation (loth Street be named Plaza Boulevard all the way from Interstate 5 through the City) be approved and referred to the proper authorities for processing. Councilman Reid stated he had not had time to check the street from one end to the other a.nd if it came to a vote now he would have to vote "no." Mayor Morgan said the proper way of handling it was by setting a public hearing on it. Vice Mayor Colburn said that was the intent of his motion. City Attorney McLean said he would check with the City Clerk and the date for the public hearing would be set. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Morgan. Nays: Reid. Absent: Harris. The PLANNING COMMISSION recommendation a public hearing be set for August 22nd on an Application for Zone Change from R-4, Multiple Family Residence Zone, to C-4 Wholesale Commercial Zone, for the area between 26th and 27th Streets, east 260 feet of westerly line of the southerly extension of B Avenue, was presented. Moved by Colburn, seconded by Hogue, the recommenda- tion of the Planning Commission be approved and the public hearing be set for August 22, 1967. Carried by unanimous vote. Absent: Harris. The PLANNING COMMISSION recommendation to grant a waiver of installation of sidewalks at 1444 K Avenue as requested by the owner, Mrs. George Hereford, subject to posting of bond and two other stipulations and a communication from Mrs. Hereford stating that because it's unlikely a time limit could be set for the installation the requirement of a bond would appear to be impractical, were presented. Moved by Hogue, seconded by Colburn, the Planning Commission's recommendation be approved and the stipulations be included. Councilman Reid said they should require only a written statement that they would not object to the installation of sidewalks when they were put in on the entire street. Neil Trace, 1435 K Avenue, was present and said there were no sidewalks on the street (except on the corner where there was a new construction; Mrs. Hereford agreed when sidewalks were installed on the rest of the street she would not be against it; to post a bond indef- initely would cost almost as much as the sidewalk if not installed within ten years. Mayor Morgan stated he inspected the property; Mr. Hereford is an invalid as a result of a car accident; should they install the sidewalks, it would be used by children roller skating on the sidewalk and their driveway causing considerable noise; he favored granting the waiver providing the Herefords gave a written agreement that they would put in the sidewalks when everyone else on the street did. Vice Mayor Colburn asked if previous waivers required bonds or letters of agreement. City Manager Osburn replied 8/8/67 32 the bond was a requirement for the last two to three years, prior to that there were agreements that the people would putthem in; there were bonds now on some sidewalk waivers but some did. -not have bonds. Vice Mayor Colburn inquired if letters of agreement could be included in the transfer of titles to property. City Attorney McLean said they could have the property owner execute a covenant running with the land. Councilman Hogue said what they did for one citizen they should do for another; they set up a policy to cover certain things but they veer away from it by making exceptions. Mrs. George Hereford was present and said it would be a hardship on them to.have to post the bond every year. Councilman Hogue inquired why it was a require- ment that the Herefords put in the sidewalk. City Manager Osburn replied they were proposing to add a roan to the house; ordinance provides when improvements of $2500.00 or more are made on existing property the sidewalks must be installed. Vice Mayor Colburn said when waivers of sidewalks were granted because of the hardship they would otherwise cause, all should be waived in the same manner; if they accepted a letter of agreement in this case, others who have been granted a waiver with the bond stipulation should be relieved of the indebtedness they were incurring when the bonds come up for renewal as they should not be required to continue to pay if an agreement was legal and binding. Mrs. Hereford said she would be willing to sign an agreement stating if she sold the property she would pay for the sidewalk to be put in. Vice Mayor Colburn withdrew the second to the motion. Motion died for lack of a second. Moved by Colburn, seconded by Reid, the request regarding the waiver of curbs be approved subject to the agreement that the sidewalks, curbs and gutters would not be protested if a 1911 Act was created or if the area was completed with sidewalks and curbs or if the. property was sold, the sidewalks, curbs and_gutters would be installed before the completion of the sale. Councilman Hogue spoke against the motion as it was unfair to other people. Mayor Morgan said the only thing they were talking about was sidewalks. Motion and second were amended to delete the curbs and gutters. Carried, by the following vote, to -wit: Ayes: Colburn, Reid, Morgan. Nays: Hogue. Absent: Harris. Moved by Colburn, seconded by Reid, the City Manager prepare a list of all curbs, sidewalks and gutters that have been waived pending annual reviews and briag a report of those who have bonds compared to those who have not had bonds and also an agreement that could be prepared by the City Attorney that would be binding on any of these and have these people come in and sign the agreements so that their bonds could be cancelled. Carried by unanimous vote. Absent: Harris. CITY CLERK MINOGUE stated after each election the committees for and against were required to file a statement of contributions and expenditures; so far she had only one request for the necessary forms. CITY CLERK MINOGUE stated on July 28th she received the claim of Mary M. Acosta and referred it to the City Attorney. CITY MANAGER OSBURN requested permission to go to bid on traffic signals at Harbison and Plaza and at 30th and National. Moved by Hogue, seconded by wburH n, the tcity Manager's request be approved. Carried by unanimous vote. ent: aiiS: Moved by Hogue, seconded by Colburn, a Key to the City be presented to Peter E. T. Storton in appreciation of the outstanding work he contributed to the recent election. Carried by unanimous vote. Absent: -Harris. MAYOR MORGAN called an Executive Session to discuss a pending lawsuit on some property the City purchased at 24th and Cleveland. The meeting adjourned to Executive Session at 9:27 p.m. The meeting was called back to order at 9:45 p.m. by Mayor Morgan. Council members present: Colburn, Hogue, Reid, Morgan. Council members absent: Harris. CITY ATTORNEY McLEAN stated he had received several types of claims for personal injury or property damage and recommended Council deny those claims 8/8/67 33 and instruct the City Clerk to inform the claimants of the Council action; he also received a petition to file a late claim and recommended it be denied and the City Clerk instructed to inform the petitioner of the denial. City Clerk Minogue stated she had knowledge of one claim only (Acosta) and requested information to enable her to write the letters be furnished. Moved by Colburn, seconded by Reid, the City Attorn 's recommendations be approved. Carried by unanimous vote. Absent: Harris. Moved by Colburn, seconded by`Reid, the meeting be closed. Carried by unanimous vote.. Absent: Harris. The meeting closed at 9:48 p.m. ATTEST: CITY CLERK MAYOR, CITY O' NATIONAL CITY, CALIFORNIA 8/8/67