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HomeMy WebLinkAbout1967 09-12 CC MIN59 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 12, 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, Minogue, Associate Civil Engineer Newberry, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Vice Mayor Colburn. Moved by Colburn, seconded by Harris, the minutes of the regular meeting of September 5, 1967 be approved. Carried by unanimous vote. COUNCILMAN HARRIS introduced his son Ronnie who is studying real estate and will be associated with his father in business, continuing with his college education at night. MAYOR MORGAN expressed appreciation for the outstanding work Director of Planning Stockman had done toward the redevelopment plan. The Mayor's proposed proclamation of "CONSTITUTION OBSERVANCE WEEK" (Septem- ber 17 through September 23, 1967) was read. Moved by Hogue, seconded by Harris, the proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the proclamation to Jean Beauzay, Chairman of the South Bay Constitution Observance Committee, 1204 E. 7th Street. Mr. Beauzay said in connection with "Constitution Observance Week," there will be a program in Imperial Beach, Sunday, September 17th, which will start with a band concert at 1:30 p.m.; there will be a speaker from the National Aeronautical Space Agency who is the NASA representative in the Jet Propulsion Laboratory in Pasadena. An unidentified member of the audience inquired if there would be anything discussed on towing services during the evening. Mayor Morgan stated he had just received the report and would like to have a little time to study it. Councilman Hogue suggested they stick to Oral Communications and bring that up under the proper Agenda heading. City Manager Osburn stated they could bring it up later. RESOLUTION NO. 9444, "RESOLUTION MODIFYING PARAGRAPH 3 OF THE JOINT POWERS AGREEMENT - COMPREHENSIVE PLANNING ORGANIZATION," 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 Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9445, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 29TH STREET BETWEEN THE EAST LINE OF NATIONAL AVENUE AND THE EAST LINE OF "A" 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. J. D. Mann, 130 E. 28th Street, was present and stated he and his wife own property between the canyon and A Avenue on 29th Street; in closing this street it would reduce access and make it inconvenient; looking to future development, they should consider leaving it open. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9446, "RESOLUTION ACCEPTING THE WORK FOR SOUTHLAND INDUSTRIAL PARK UNIT NO. 1," 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 Hogue, 9/12/67 60 seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9447, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (George H. Webster)," 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 Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9448, "RESOLUTION ADOPTING WORKABLE PROGRAM," was presented. Moved by Hogue, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Mayor Morgan requested the resolution be read and declared the motion out of order. The resolution was read. Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. 1178, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Southerly Extension of "B" Avenue, 80' in Width Between 26th and 27th Streets - Cifers)," 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 Harris, seconded by Colburn, the Ordinance be adopted. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance of the City of National City Levying A Tax on the Transfer of Real Property," was presented for the first reading. Moved by Harris, seconded by Reid, the first reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. Mayor Morgan said the State of California passed a law allowing counties to impose a tax on transfer of property; the only way cities can share the tax is by passing an ordinance; otherwise, the county will get all of the tax money derived from transfer of property; by passing this ordinance, the City of National City will get twenty-five cents for every five hundred dollars of the selling price of property transferred in our city; otherwise, the county will get the entire fifty-five cents; prior to this time the 550 transfer was a Federal tax in the form of Revenue stamps. Councilman Hogue inquired if the County had taken action. City Manager Osburn replied they have not taken formal action but they intend to; they have budgeted t.h a money. Councilman Hogue stated the County did not have to impose the tax as it was not mandatory; he suggested a resolution be sent to the cities in the County requesting them to urge the County not to impose this tax. Mayor Morgan said the ordinance was prepared at his suggestion; he did not want the time to run out in which the City could act. Moved by Hogue, seconded by Harris, a resolution be sent to the County Board of Supervisors this tax not be imposed upon real estate sales. Vice Mayor Colburn inquired if there was a cost to the City or County when property is sold (records, etc.) and if so, could this money compensate for this cost. City Manager Osburn replied records are all kept by the County and each transfer is recorded, so there would be a cost to the County. Vice Mayor Colburn stated he favored the tax; if you never sold your property you would never have to pay this tax; he inquired if there was an estimate of what the tax could add to City income. City Manager Osburn said the only figure they had relating to the tax was that the County budgeted $200,000.00 for six months; they figure on the cities applying for half. Motion failed by the following vote, to -wit: Ayes: Harris, Hogue. Nays: Colburn, Reid, Morgan. The CITY MANAGER'S report regarding the placing of utilities underground at Las Palmas Park, was presented. Moved by Colburn, seconded by Reid, the report be filed and the City Manager authorized to go ahead with replacing the temporary to permanent utilities above ground as had been requested. City Manager Osburn said this particular utility serves only the well in the Park and the Gas & Electric Company said they would give the City an amendmer, to this easement if and when a permanent installation is put above ground they would move if necessary when they do any developing in the area. Carried by unanimous vote. 9/12/67 61 ASSOCIATE CIVIL ENGINEER NEWBERRY reported in regard to the possibility of 54' width for V Avenue; the Engineering Department could see no reason for not having a 60' street from 8th Street north to approximately 150' south of 5th Street at which point they would recommend it be narrowed to 56' because of the constrictions caused by a recently built, expensive duplex near 5th Street; he recommended the Council adopt this plan as a guide far future building permits. Moved by Hogue, seconded by Colburn, the City Engineer's recommendation be approved. Vice Mayor Colburn stated he hoped the intention of the motion was that Council would be on record to try and maintain a 60' width and that at the time this street is put in it would either receive by dedication or purchase the necessary rights of way and as soon as financially possible, the City Manager bring a request to purchase the areas that were referred to 150' south of 5th Street which would be where the slight jog would be. Carried by unanimous vote. Councilman Hogue stated last week they were approached by someone who was waiting to add to her present dwelling; this motion would disallow this; the reason for delaying this was to allow time to contact these people to eliminate the dilemma; that was the main part of the report the City Manager was to have ready this week. City Manager Osburn said he had talked to the owner, Mrs. Wagner, and her contractor; Mrs. Wagner has set no price on the property as yet; if Council wanted to spend Capital Outlay money, the property could be appraised and purchased now. Mrs. Wagner, 540 V Avenue, was present and expressed her indignation over the Council's discussion of buying her home. Councilman Reid inquired as to the depth of Mrs. Wagner's property and if the house could be moved back. Mrs. Wagner said it could not as her property was 165' deep and on three levels; there was a place where she could build but it would require 800 feet of sewer line out to the middle of 8th Street and that is on an easement. Mayor Morgan stated it might be possible to compact the soil so the house could be moved back; dirt can be compacted for thirty-three cents a square yard and inquired if the house was moved backcould it continue to be on the sewer. Associate Civil Engineer Newberry said he was sure she would be able to improve a lot pad at least within 20' of her 165' that would be as high as it is now. Mayor Morgan stated the wisest and cheapest way out for the City might be to compact the land and move the house back 30'. Mrs. Wagner said they would have to move it back 41'. City Manager Osburn stated the house is on a concrete slab which might be a problem. Councilman Harris suggested Mrs. Wagner discuss this with .her contractor who could work with the City Engineer and come up with something satisfactory to all. Moved by Hogue, seconded by Harris, Mrs. Wagner come in and talk this over with the City Manager who will make a recommendation. Bill Curry, 5768 Shaw Street, San Diego, was present and spoke against the City's buying the property if Mrs. Wagner did not want to sell. Councilman Harris inquired if Mr. Curry could talk with Mrs. Wagner on the possibility of working with the City to move the house to the back of the property after the dirt was compacted. Mr. Curry stated he could but one of the Councilmen kept talking about buying the property and perhaps she didn't want to sell. Mayor Morgan said he was certain everyone on the Council was in favor of working this out to the best advantage and for the cheapest way for the City. Mr. Curry said he would either build the room for Mrs. Wagner or find out why he could not get a permit; he talked to his attorney and this prop'ty does not belong to the City, it isn't condemned, so one way or the other it was going to be settled. Carried by unanimous vote. ASSOCIATE CIVIL ENGINEER NEWBERRY reported regarding the quality of work in paving of alley in Assessment District No. 147 (C Avenue, 20th, 21st Street and Alley): he and City Engineer Foster went to the alley and found the cracke referred to but the cracks are there by design; the specifications call for contraction (a piece of 1/2" x 4" felt buried in 6" of concrete 2" deep which cracks by design on a straight line) joint every 15'; there were some hairline cracks not over an inch in depth; otherwise, they found nothing wrong with the alley. Moved by Hogue, seconded by Harris, the City Engineer's report be accepted. Carried by unanimous vote. The request of PEP'S KEROSENE SERVICE for a truckscale at 2300 Tidelands Avenue, was presented. Moved by Hogue, seconded by Harris, the request be 9/12/67 granted. Mayor Morgan asked since this would be out in the open would Pep's Kerosene Service put up a fence if it became unsightly. Councilman Hogue stated he would add that to his motion. Director of Planning Stockman requested one other condition be placed on it: that the traffic go in and come out as shown on the design according to the Traffic Engineer's request so as not to create a traffic hazard. Carried by unanimous vote. The CITY MANAGER'S and CITY ENGINEER'S report on the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 Hearing for the proposed 1911 Act Improvement of Plaza Boulevard, was presented. Moved by Colburn, seconded by Harris, the report be approved and the recommendation to abandon the project be upheld. Carried by unanimous vote. City Manager Osburn said the street is important to the City and should be opened as soon as possible and suggested the Engineering Department be authorized to go ahead with plans and specifications for grading and compacting Plaza Boule- vard between the extension et Harbison Avenue and the easterly extension of Plaza Boulevard, they go to bid and have City crews to cover this with black surface to act as a street until there is some development in the area. Moved by Hogue, seconded by Harris, theCity Manager's recommendation be approved. Councilman Harris inquired if after the street is surfaced, if there was ever a building permit asked for on this street, would they then require permanent installation. City Manager Osburn said under our present ordinance we can only require a permanent installation on curbs, gutters and sidewalks; however, this could be amended to include the properties if they so desired but he would like the advice of the City Attorney on this. Mayor Morgan said he would like to amend the ordinance to provide that when a person was going to build 100' upon a dedicated street it would be in the ordinance that they would have to put a permanent street in front of the hundred feet; for anything less than that they would not have to do it; in many cities they require if you build upon a piece of land you have to put a street in front of it and it is time for National City to have a similar rule; he suggested the City Manager at a later date bring a recommendation regarding what he thought would be fair (by checking with other cities) so they could update their ordinance. Vice Mayor Colburn stated a protest was received from a property owner representing over 50% of the area proposed to be assessed and inquired if that was the only protest. Associate Civil Engineer Newberry said he believed that was the only protest received and it covered 83% of the area. Vice Mayor Colburn asked if the City opened that street and made it usable would it increase the chances of selling this property (there is a for sale sign on the property) and if it is sold between now and the time the City Manager could work on an amendment to the ordinance to protect the City and whoever the buyer is would he be obligated on build- ing to complete the street. Mayor Morgan asked the City Manager to check into this and put his recommendation on the Agenda next week. Carried by unanimous vote. An application for person -to -person transfer of off -sale beer and wine license by EVERETT W. and KATHRYN C. WRAY, dba SPEEDER MART NO. 20, 824 Palm Avenue, was presented. Moved by Harris, seconded by Reid, the application be filed. Motion carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. A communication from the PRESIDENT, NATIONAL CITY JAYCEES, stating their intention to bid for the California Jaycees Junior Swim South and requesting the use of the municipal pool and facilities on a Saturday in July, 1968, was presented. Moved by Harris, seconded by Hogue, the request be granted. Vice Mayor Colburn inquired if they would consider putting in the motion the - the City Manager be authorized to write a favorable letter. Included in motion and second. Carried by unanimous vote. Communications from the SAN DIEGO COMMITTEE TO SUPPORT YOUR LOCAL POLICE: (1) outlining the program and requesting cooperation and proclamation of Police Appreciation Week (2) requesting waiver of fees for soliciting funds (City Treasurer's recommendation of approval attached), were presented. Moved by Colburn, seconded by Harris, the request be granted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. 9/12/67 63 A communication from the CITY MANAGER requesting a Real Estate Committee meeting regarding Stanley -Dodge's letter concerning the purchase of Parcel 2, was presented. Mayor Morgan called a meeting of the Real Estate Committee for Thursday, September 14, at 4:00 p.m. A communication from LEEDS, HILL and JEWETT, INC. enclosing copies of a pre- liminary report on updating the 1959 Joint Powers Agreement for acquisition of the water system, was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER listing items filed with the City Clerk (no action necessary), was presented: (1) San Diego County Water Authority letter dated September 1, 1967 to Operating Heads of Member Agencies (2) Preliminary Report on Joint Powers Agreement for Acquisition of Sweetwater System, dated August 31, 1967, from Leeds, Hill and Jewett, Inc. A communication from the DIVISION OF HIGHWAYS enclosing Budget Approval for expenditure of State Allocated (2107) Funds, was presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN read his report relating to the impounding of wrecked automobiles in conjunction with automobile towing: ".,..Councilmen Hogue and Reid met to discuss the impounding of wrecked automobiles in conjunction with automobile towing operations under contract with the City; it is recommended that the National. City Towing Company, 205 N. Highland Avenue, and the American Storage Company, 1708 Cleveland Avenue, be accepted subject to the following conditions: (1) Both companies be required to clean up and fix up the premises of their operation, install new fence around their storage area of new material and paint if necessary, black top and surface of the storage area and access roads, removal of any fence encroaching upon public right of way (2) Operation of the storage be subject to six month review (3) Per- mission to expire upon termination of the contract or with the cancellation of the contract by the City (4) Any one wrecked automobile may be stored, not to exceed six months from the day of impoundment providing, .however, if additional time is necessary the City Council may grant an extension (5) Dismantling of cars must be inside of the building; no outside storage of parts or refuse (6) Required building must be in compliance with the exist- ing industrial and manufacturing zoning regulations: decorative front of new materials, etc. (7) Required building must be within the required enclosure by fence or connected to the fence with an entrance from the storage yard (8) Storage rates to be established at $1.25 a day for the first ten days of impoundment, teen set at $8,00 per month." Mayor Morgan inquired if they would be dismantling cars in this operation. City Manager Osburn said some of the members of the board thought that should they have to take parts off an impounded car to repair it, it could be considered dismantling. Mayor Morgan inquired if that could be "spelled out" in the agreement. Moved by Colburn, seconded by Harris, this be laid over until next week.. Motion and second withdrawn. Vice Mayor Colburn suggested this be put on the Agenda in two weeks when the City Attorney returns. Roger Maurais, American Towing, 1708 Cleveland, was present and said he has two pieces of property, on one of which his lease has expired and the other on which he had tenants and which he had vacated awaiting the decision of the City Council; he was willing to do anything the City asked for as to beautification and getting the place ready for this operation if they were granted the operation. Mayor Morgan said he had just received the report before the meeting and had not had time to study it. A copy of the recommendations was given to Mr. Maurais. Anthony Charlton, 807 Highland Avenue, was present and said he came to National City approximately nine months ago; when the bids were solicited he was not eligible, but now he was eligible and would like to see the bids reopened; he would comply with whatever was required; he had property at 1619 Wilson Avenue. Councilman Hogue stated he felt Mr. Charlton had a right to bid; he inquired if there were only two bids in the beginning. City Manager Osburn stated he did not recall as it had been some time ago; the two suggested in the report were the two best qualified people that bid so fax as they could determine at the time; it was recommended it be awarded to them but in going to their places it was f cund they didn't meet the require- ments; and in checking further they found that this wrecking phase of it was 9/12/67 64 in conflict with the ordinance; they have held up awarding the contract until they could clear up the wrecking phase. Councilman Hogue inquired how many cars they impound in a month. Mr. Charlton said it would probably be around fifteen a month. Moved by Harris, seconded by Morgan, this item be carried over for two weeks. Motion and second withdrawn. Councilman Hogue inquired how many yards they had in the beginning. City Manager Osburn said they had six companies licensed in the City as towing; this was one of the problems brought up by the Council as there were too many tow cars responding to calls. Councilman Hogue inquired why two towing companies were chosen. City Manager Osburn said he believed the Chief of Police recommended it after checking with the City of Chula Vista, Escondido and others who have similar ordinances. Moved by Harris, seconded by Hogue, Councilman Hogue and Councilman Reid confer with "Tony" sometime in the next weekand the other deal be laid over for two weeks, but if they have a recommendation, including the other, they bring it back next week. Councilman Harris said he meant whether or not they had another bid or whether or not they had three but that they talk to "Tony" this week and come up with a recommendation they can bring to Council next week but who they choose will be laid over two weeks. Vice Maws: Colburn said rather than have a meeting to decide whether or not to accept one more bid, they should throw out all bids, re -advertise for bids and take all new bids based on the proposed new ordinance. Mrs. Wir.Stone, Winstone's Transmission and Towing, was present and said she felt the bids should be opened again; they would like to place a bid. Mayor Morgan suggested she talkto the City Manager and the Committee and they would come back with a recommendation. Councilman Hogue stated it might be interesting to reopen the bids and eliminate those people who had been double charging. Carried by unanimous vote. Moved by Harris the meeting be closed. COUNCILMAN HOGUE stated there were people at his .house last night who were concerned about getting a dedication from the people who were building the new convalescent home behind the Harbison Elementary School which would be a width of approximately 30' to extend Thelma Way on up to Mariposa. The reason for requesting this is that the only way they can get into their homes is through the kindness of their neighbors who let them pass through an opening between their houses on which they have given a private easement; the neighbors were also there and they indicated they would like to have their easement back; there seems to be no resentment from the people who are building the home to this plan. Moved by Hogue, seconded by Harris, a study be done by the Engineering Department to see if it is feasible to extend Thelma W&y on past the water tower. Carried by unanimous vote. Moved by Harris, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:07 p.m. ATTEST: 'CITY CLERK MAYOR, CITY OF "NAONAL, CITY, CALIFORNIA 9/12/67