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HomeMy WebLinkAbout1967 11-21 CC MIN118 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 21, 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, 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 Reid, the Minutes of the regular meeting of November 14, 1967 be approved. Carried by unanimous vote. The matter of zone variances to permit the operation of the LES STREET AUTO WRECKING YARD, 301 W. 24th Street (Laid over at the November 7th meeting) was presented for consideration. Director of Planning Stockman said at the Planning Commission meeting of October 23rd motion was made to approve the continuance of applications 224 and Z26 for a period of two years subject to ten conditions; the motion failed by a tie vote and no further action was taken other than to direct her to forward this to the City Council. Richard Gant, Attorney, was present and said he did not represent the applicant; the applicant was represented by Attorney Robert Curran who planned to be present but had not yet arrived. Moved by Colburn, seconded by Harris, this item be deferred until later when Attorney Curran arrives. Carried by unanimous vote. The PLANNING COMMISSION recommendation in regard to the request for waiver of installation of sidewalks parallel to Haffly Avenue north of 24th Street, was presented. Moved by Colburn, seconded by Reid, the request be granted with the stipulations set forth by the applicant to be concurred to and this be reviewed on an annual basis. Director of Planning Stockman inquired f this would be in accordance with the applicant's agreement as incorporated in the letter the Council had received since the Planning Commissionts date of action. Vice Mayor Colburn said that was his intention. Carried, by the following vote, to -wit: Ayes: Colburn, Reid, Morgan. Nays: Harris, Hogue. Mayor Morgan inquired if they made an addition on this would this same problem come up again. City Attorney McLean said that was so, but if put on an annual review basis, they would see the matter at the end of the year whether or not they have made any changes. COUNCILMAN HARRIS said the Mayor requested him to head a committee or to see that National City would get some motels along Interstate 5 or any place in town; he informed the Mayor he was working on this project through his real estate office but would be glad to accept the project; after thinking this over he would decline the appointment as it might be construed as a conflict of interest. MAYOR MCG':N presented a "Key to the City" to Fred Hickey, who served in Viet Nam and received the Purple Heart and Bronze Star by order of the President of the United States. Fred Hickey introduced his family. The Mayor's proposed proclamation of "FARM --CITY WEEK" (November 17 - November 23)was read. Moved by Hogue, seconded by Harris, the proclamation be approved. Carried by unanimous vote. The Mayor's proposed proclamation of "MARINE CORPS RESERVE CIVIC ACTION DAYS" (November 19 - December 1) was read. Moved by Reid, seconded by Harris, the proclamation be approved. Carried by unanimous vote. 11/21/67 119 JOHN BALOUGH, 535 Blue Bonnett Court, was present and stated his residence lot was backed by a hill rising about 100' from the base of his property; there is a path on the hill used by students going from the Naval Housing Project to O'Farrell Junior High School; the children using the path throw rocks down on his children playing in the back yard and therefore they cannot use their back yard. Mr. Balough said yesterday while he was in the back yard one of the children threw down a stick or spear which missed him by approxi- mately 4'; he called the police who came out and looked at the stick and the area and said they could not keep patrolmen out there until they caught the children and suggested he go to City Council; he did not know what t o do as they had put signs and fences up. Mayor Morgan said Councilman Hogue reported this to the City Manager who will check on it tomorrow. Councilman Colburn said a similar problem was taking place on Angelo Drive where the back yard residences went up to what was considered a play area in Navy Housing; the children from that area abused the rights of property owners by throwing things, etc.; the Navy erected a fence there and perhaps if the City Manager communicated with the Navy they would assist with the fence in this case. RESOLUTION NO. 9498, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Variance in Side and Rear Yard Setback Requirements - K. M. and V. Nash at 120 Division Street)," 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. CITY ATTORNEY McLEAN reported the Council had instructed him to protest the issuance of a liquor license at 2333 and 2337 Highland Avenue; the protest was made and the application has been withdrawn. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $64,830.56, 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: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $11,672.24 Traffic Safety 13,066.08 Park 1,210.26 186.1 Gas Tax 23.63 Drainage 16,256.46 Sewer 11,035.75 Civic Center 474.29 T OTAL $53,738.71 Moved by Colburn, seconded by Reid, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. A communication from POLICE CHIEF CAGLE in regard to taxi zones, conditional parking, was presented. Moved by Harris, seconded by Reid, the Police Chief's recommendation be approved. Carried by unanimous vote. The result of the opening of sealed bids for 11 POLICE VEHICLES and POLICE CHIEF'S recommendation the low bid of City Motors Ford be accepted, were presented. City Clerk Minogue stated she had the Affidavit of Posting and the Certificate of Publication. Moved by Hogue, seconded by Reid, the recommendation of the Chief of Police be accepted. City Manager Osburn said he recommended the bid of City Motors Ford be accepted and all other bids rejected. Moved by Hogue, seconded by Reid, the motion include "all other bids be rejected." Carried by unanimous vote. A communication from M. H. CURL, SAN DIEGO GAS & ELECTRIC COMPANY, IN REGARD TO UNDERGROUND UTILITIES, was presented. Moved by Colburn, seconded by Hogue, 11/21/67 120 the communication be filed along with the additional letter received from the San Diego Gas & Electric Company regarding the underground utilities from a Mr. John H. Way. Carried by unanimous vote. A communication from the SAN DIEGO COUNTY WATER AUTHORITY in regard to the proposed study of joint system filtration by several member agencies within the Authority, was presented. Ordered filed by unanimous vote. A communication fran CITY ENGINEER FOSTER recommending the request of Perry Electric for a two -week extension to the contract for the installation of traffic signals on Plaza Boulevard at Harbison and on 30th Street at National Avenue be granted, was presented. Moved by Colburn, seconded by Harris, the request be granted. Carried by unanimous vote. A communication from CITY MANAGER OSBURN requesting permission to proceed with the study and preliminary engineering for the widening and improving of loth Street from the Freeway to Highland Avenue and to contact the State Highway Department in regard to connection of an off -ramp from Highway 5 into loth Street, was presented. Moved by Harris, seconded by Reid, the request be granted. Carried by unanimous vote. Applications for refund of $25.00 performance bonds by JUSTIN JIMENEZ, 2304 F Avenue, and W. F. BRADLEY, 170 31st Street, were presented. Moved by Colburn, seconded by Reid, the two requests be approved and warrants be drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. The Minutes of the PARK AND RECREATION ADVISORY BOARD meeting of November 8, were presented. Moved by Hogue, seconded by Harris, the Minutes be filed. Councilman Hogue stated in the parking lot of the recreation area there are four or five large mud holes and inquired if the area could be blacktopped. City Manager Osburn said they had recently completed the sidewalks in that area; the engineering has been completed and they will be in there as soon as the weather clears up. Vice Mayor Colburn said the date of the Park and Recreation Advisory Board meeting was November 8 and he appreciated the minutes being sent to Council so promptly. Carried by unanimous vote. Step increases for W. C. BERRY and R. L. PRATT, approved by the department head and City Manager, were presented. Moved by Hogue, seconded by Harris, the step increases be granted. Carried by unanimous vote. COUNTY A communication from CITY MANAGER OSBURN filing SAN DIEGO/WATER AUTHORITY letter of November loth to operating heads of member agencies with the City Clerk (No Council action necessary), was presented. A communication fran MAYOR CURRAN, SAN DIEGO, requesting adoption of a resolution asking the United States Postmaster General to issue a California Commemorative 200th Anniversary stamp, was presented. RESOLUTION NO. 9499, "RESOLUTION SUPPORTING ISSUANCE OF A UNITED STATES POSTAGE STAMP COMMEMORATING THE 200TH ANNIVERSARY OF THE FOUNDING OF THE STATE OF CALIFORNIA," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. CITY CLERK MINOGUE presented a communication from U. S. SENATOR THOMAS H. KUCHEL acknowledging the resolution regarding tighter control of narcotic traffic. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported the League of California Cities Digest of 1967 Legislation Affecting Cities was received and was on file. CITY CLERK MINOGUE reported the San Diego Unified Port District Budget 1967-68 was received and was on file. 11/21/67 121 The CITY TREASURER'S report for the month ending October 31, 1967 was pre- sented. Ordered filed by unanimous vote. The CONTINUED HEARING ON THE PROPOSED VACATION AND CLOSING OF 13TH STREET, QUARTER SECTION 129, was held at this time. City Clerk Minogue stated a communication was received from Leo and Lillian Flanders, 2405 E. 13th Street, requesting a foot path be left open; also, letters from the Cali- fornia -American Water Company, San Diego Gas & Electric Company and the Pacific Telephone & Telegraph Company requesting deferring the vacation until easements were obtained. City Manager Osburn reported receipt of a communi- cation from the telephone company this afternoon stating they were withdraw- ing their objections as they have come to an agreement with the purchaser cf the property. Director of Planning Stockman said there was no report from the Planning Commission on this. Ed Maloney, Realtor, 845 Highland Avenue, was present and said he had talked to the water c anpany and gas and electric company and said they were no longer concerned and he did not know why their communications were not in; they assured him there would be communications here withdrawing their objections. City Manager Osburn recommended the hearing be held over until the communications were received. Moved by Hogue, seconded by Harris, the hearing be extended for one week. Carried by unanimous vote. The matter of continuance of zone variances permitting the operation of the LES STREET AUTO WRECKING YARD, 301 W. 24th Street, was again presented for consideration. William T. Fitzgerald, 1301 U. S. National Bank Building, San Diego, was present and said he represented Mr. Davis, owner of the subject property; when he talked to Mr. Curran that afternoon he assured him he would be here tonight; as he was not present Mr. Fitzgerald suggested this be laid over a week. Mayor Morgan said the City Attorney said one week would not hurt since it had been going on for twenty years. Moved by Harris, seconded by Colburn, this item be laid over for one week. Vice Mayor Colburn inquired if there was any information Mr. Fitzgerald felt the Council should receive at this time. Mr. Fitzgerald said they had a general plan. Vice Mayor Colburn said the Council had never received a request for the extension of the zone variance from the present occupants of the land; the Council voted last February not to renew the variance; there has been no effort by the occupants to vacate; all the Council has to date is just hearsay; they had heard by rumor that there might be a plan. Mr. Fitzgerald said Mr. Davis was hoping to avoid legal entanglements; they propose to move the wrecking yard to other property owned by Mr. Davis in an area of allied industry and they believe it is the only type of use to which that property can be put because of existing building problems and because of the use to which the property adjacent to it has been put; there are many problems and it might involve a zone change; they have arrived at an agreement with Mr. Curran and his client whereby Mr. Davis would pay the necessary expense of moving the existing wrecking yard from the present location to the new location; they would do whatever the Council felt was necessary. Richard Gant, Attorney, 2050 1st National Bank Building, San Diego, was present and said he repre- sented Mr. Irvin, the prospective purchaser of the property now occupied by Les Street Auto Wreckers; he exhibited the artist's rendering of the proposed development of the property. Mr. Gant said at the time of Mr. Irvin's possession of the property his next step would be to compact what is now some rather loose mud on the area; when the compaction was completed there would be a period of time when sub -division improvements would be necessary includ- ing partial development of Hoover Street and 22nd Street to the rear and Wilson Street to the West; the initial development proposed, possibly a motel would be consistent with industrial usage and the city's plan for urban development in this area; as the 24th Street pier opened a.nd other industrial sites located in this area there would be a possible use for a bank, etc. Mr. Gant said their purpose for being here was to keep the Council from granting or denying Mr. Curran's request because if the variance was granted, they would have to look at the two year period of time before they could commence developing (which is too long for Mr. Irvin) but if Council was to deny Mr. Curran's application, this could entail some considerable delay because of possible litigation which would make the 11/21/67 122 development too far in the future for Mr. Irvin. Carried by unanimous vote. Vice Mayor Colburn asked City Manager Osburn to check with Mr. Manlove (HUD) in regard to any area within these 100 acres where a development has been proposed as to its acceptability. City Manager Osburn said he would have the answer by the next meeting. Vice Mayor Colburn said due to possible litigation that could come from this, an Executive Session might be in order. Moved by Colburn, seconded by Hogue, Council adjourn to an Executive Session. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Morgan. Nays: Harris, Reid. The meeting adjourned to Executive Session at 8:25 p.m. The meeting was called back to order at 8:47 p.m. by Mayor Morgan. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None. CITY MANAGER OSBURN said the plans and specifications on the police pistol range have been completed and recommended permission be granted to go to bid. Moved by Rr°id, seconded by Harris, the City Manager's recommendation be approved. Carried by unanimous vote. Moved by Harris, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:50 p.m. ATTEST: MAYOR, CITY OF,RATIC(NAL CITY, CALIFORNIA 11/21/67