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HomeMy WebLinkAbout1966 07-12 CC MIN259 MINUTES OF THE REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 12, 1966 The regular meeting of the City Council was called to order by Mayor Morgan at 7:30 p.m. Council members present: Colburn, Hogue, Reid, Morgan. Council members 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 the Rev. John Sherman. MOVED BY HOGUE, seconded by Reid, the minutes of the adiourned meeting of June.28th and the regular meeting of July 5th he approved. Carried by unanimous vote. MOVED BY HOGUE, seconded by Reid, the appointment of the Buffer Zone Committee orpposed by Jerry' Harris be consLdered after Oral Communications, Carried by unanimous vote. RESOLUTION NO. , resolution granting zone variance pursuant to Ordinance No. 962 (Donald M. and Audrey P. Dinning) 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. RESOLUTION NO. 9158, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Donald M. and Audrey P. Dining)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. resolution giving notice of intention to vacate and close portion of Lanoltan Avenue adjacent to Lot 198, Lincoln Acres Annex No. 2 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. RESOLUTION NO. 9159, "RRSOLUTION GiViNG NOTICE OF INTENTION TO VACATE AND CLOSE PORTION OF LANOITAN AVENUE ADJACENT TO LOT 198, LINCOLN ACRES ANNEX NO. 2." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. , resolution adopting plans and specifications ("C" Avenue, 20th Street, 21st, Alley, Assessment District No. 147) was presented. Moved by Hogue, seconded by Colburn, the reading. of the resolution be waived and it beadopted by reading of the title ,only. Carried by unanimous vote. RESOLUTION NO. 9160, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS ('C' Avenue, 20th Street, 21st Street, Ailey, Assessment District No. 147)." Moved by Reid, seconded by Hogue, the Resolution be adopted. City Engineer Foster displayed a map of the district. Carried by unanimous vote. RESOLUTION NO. �, resolution adopting map showing exterior bound- aries of assessment distric4 ("C" Avenue, 20th Street, 21st Street, Alley, Assessment District No. i47) was presented. Moved by Hogue, seconded by Reid, th reading of the resolution be waived and it be adopted by reading of. the title only. Carried by unanimous vote. RESOLUTION NO. 9161, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUND- ARIES OF ASSESSMENT DISTRICT ('C' Avenue, 20th Street, 2Ist Street, Alley, Assessment District No. 147)." Moved by Colhurn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 7/12/66 260 RESOLUTION NO. __ _, preliminary determination of legislative body under "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" ("C" Avenue, 20th Street, 2lst Street, Alley, Assessment District No. 147) was presented. Moved by Colburn, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9162, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' ('C' Avenue, 20th Street, 2lst Street, Alley, Assessment District No. 147)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. , resolution approving report and fixing hearing date ("C" Avenue, 20th Street, 21st Street, Alley, Assessment District No. 147) was presented. Moved by Colburn, seconded by Reid, the reading of the resolution liqa waived and . it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9163, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE ('C' Avenue, 20th Street, 2lst Street, Ailey, Assessment District No. 147)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. �_, Resolution adopting salary schedules for 1966-67 was presented. Moved by Reid, seconded by Colburn, it be laid over until the City Manager's report. Carried by unanimous vote. ORDINANCE NO. , an ordinance amending Ordinance No. 962,zoning ordinance of the City of National City (north side of 18th Street from Corner of La Siesta Street to Rachael Street) was presented for the second reading (first reading June 28). Moved by Hogue, seconded by Reid, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO. 1131, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY (North Side of 18th Street from Corner of La Siesta Street to Rachael Street)." Moved by Reid, seconded by Hogue, the Ordinance be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. CITY ATTORNEY MC LEAN reported (in regard to existence of an anti - noise law in the City and whether or not the noise law applied to hours before 10:00 p.m.) there were two City Ordinances related to disturbances,N'umbers 739 and 961,which prohibit the making of loud or unusual noises to the disturbance of neighbors and there was no time limit within those ordinances; there was no reservation the ordinances were ir, force only after a certain time of the evening. The City Attorney stated Sec. 415 of the California Criminal Code, "Disturbing the Peace", prohibits loud or unusuai noises which cause the disturbance of neighbors and also regulates several other categories of unlawful behavior; it also has no reservations it will apply only after certain evening hours. Mayor Morgan asked if there should be laws to take care of the inadequacies described before the Council. City Attorney McLean said his point was that there were laws to cover the 'type of disturbances reported by the citizen who appeared before the Council; he could pursue his legal recourse, go before the District Attorney and file a complaint if the facts justified criminal prosecution, the District Attorney would pursue the criminal prosecution; this was achieved successfully in the City recently; if a disturbance occured, during the night time, the citizen could call the Police Department and they wouldd respond each and every time and seek to keep the peace in the neighborhood. Mayor Morgan asked the City Manager to check with the Chief of Police and have him notify his men of the City Attorney's report. City Manager Osburn said he would, the important thing brought to the 7/12/66 261 Council's attention is the individual must pursue it, not the police officer; the police officer does not normally hear this and it is not disturbing him and the person who is distubed is the one who must make the complaint, The City Attorney stated this was correct and the individual would have to be prepared to go to court and testify against the person allegedly causing the disturbance as well as the other witnesses: to the alleged crime; it would seem that the lack of enforcement, if any, was due to the fact that the citizen complaining was satisfied when the police came out and did not want to have the inconvenience of pursuing it through the legal channels. COUNCILMAN HOGUE announced his office was open; he would be there each day between 4:00 and 5:00 p.m. and would prefer to talk to people there rather than in his living room. Councilman Hogue suggested anyone wishing to see him call ahead of time to make sure he would be free, COUNCILMAN HOGUE said last week the Council voted to "waiver" two sidewalks; he felt what was fair for one citizen was fair for another and all should be treated alike. Councilman Hogue said the waivers were granted without any stipulation as to when they would comply and the Council should set up some sort of system and suggested when waivers for curbs and sidewalks were granted, ,they be granted for one year only and if the same situation existed at the end of the year, the person be required to come back and extend the waiver. Moved by Hogue, seconded by Colburn, waivers of sidewalks and curbs be granted for a period of one year and at the end of that time they must be renewed -by -the Council.` Councilman Colburn asked it be referred to the City Attorney and the Director of Planning to make sure we can do this. Included in motion and second. Mayor Morgan said the important thing was the City Engineer be told,that where grades can be set there should be no waiver of curbs and.sidewalks; the only ores that should be waived are those where a grade cannot be set. Councilman Hogue said the intention of his motion was to cover those cases where the.Council did grant a waiver, the waiver be limited to a period of one year. Councilman Colburn said the Director of Planning and the City Attorney should know the Council's feelings, the waivers granted last week were for areas where the grades were set; his reason for granting the one was because of a pending 1911 Act improvement. Motion carried by unanimous vote. MAYOR MORGAN said the vacant houses between 22nd and 24th Streets, National Avenue and "D" Avenue, were given to the people of Tijuana by Council action some months ago; the houses are still sitting there and have been damaged; he received many complaints deout it. The Mayor recommended it be turned over to the City Manager for a report and recommendation next week and suggested the City Manager call the Mayor of Tijuana to learn his intentions. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved and the Qity Manager include in his report If the .Meyor of Tiivanacannot use these houses within a certai_ n period of time the City Manager recommend what to do with them. Carried by unanimous vote. MAYOR MORGAN said a rest home on Paradise Drive is putting in a new driveway; there is a "no entrance" sign which people have to drive around; this causes them to become confused. The Mayor." recommended it be referred to the Traffic Safety Committee. Moved by Colburn, seconded by Reid, the Mayor's recommendation he approved. Carried by unanimous vote. MAYOR MORGAN read the resignation of Donald L. Torbett from the Plan- ning Commission and recommended it be accepted and a certificate of appreciation issued. Moved by Reid, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. 7/12/66 262 THE CONTINUED ASSESSMENT HEARING on the 1911 Act Improvement of Prospect Street from 16th to 18th Street was held at this time. City Manager Osburn stated there was a letter from the City Engineer and the City Manager ettached to the Agenda requesting the hearing be continued for another two weeks; and stating they met with the contractor and his representatives but some of the problems should be resolved with legal counsel. Moved by Reid, seconded by Colburn, the hearing be continued for two weeks. Councilman Hogue asked if there were people present who would like to be heard, could the hearing be opened and then continued for two weeks. Mayor Morgan invited anyone interested to speak if they so desired. No one spoke in this regard. Motion carried by unanimous vote. MRS. CONSUELO RUBiO, 1729 Cleveland Avenue, was present and stated in regard to the formation of a committee to acquire a buffer zone from the Navy for beautification this was a political issue; there were junk yards to be eliminated; the empty housing between 22nd and 24th Streets and A and D Avenues should be eliminated; who would be responsible if someone was hurt there. Mayor Morgan stated he believed the City would be responsible if anyone was hurt on City property. MRS. EDITH SHERMAN, Manager, Chamber of Commerce, was present and read a letter signed by Frank Williams, President, stating the Board of Directors went on record by unanimous action favoring acquisition of a 400 foot buffer zone from the Navy along Interstate 5 Freeway and urging the appointment of a committee to acquire the property. BARNEY MELILLO, 105 Laurel Street, was present and stated the ap- pointment of a candidate to the committee for a buffer zone would be unfair to the other candidates running for the office of City Council in the August 9th election; the issue was political. DR. GEORGE PARCHEN, 101 East 18th Street, was present and spoke in favor of the formation of a committee to acquire a buffer zone from the Navy; a map acquired from the Navy shows the area is to be used for boat storage; National City should use everything At its dis- posal to acquire the land. Councilman Hogue said when he was in Washington, D. C.,he was shown a map designating the area for Navy recreation and asked where the boat storage came from. Director of Planning Stockman said the map was dated 1965 and was given to Dr. Eleanor Corrigan by the Navy during the study made for the General Plan. MAYOR MORGAN stated he would recommend the following people to the Buffer Zone Committee to work for the acquisition of at least 400' buffer zone from the Navy: Jerry Harris, as chairman, Lorenz Ruehle, Peter Storton, lone Minogue, Edith Sherman, Hazel Stockman, Roger Steele, Luella Mordhorst, Chuck Foster, and Cynthia Eggen. Council- man Hogue objected to the appointment of the Chairman to the Committee; it was unfair to the other candidates; he did not think the Council should agree to appoint a candidate running for office to the Committee at this time. Mayor Morgan said the Committee had to have a Chairman; they were to meet with Congressman Van Deerlin the next day. Moved by Reid, seconded by Morgan, the appointment;be approved. Councilman Reid said he never heard of a Mayor's recommend- ations for a committee not being approved; the group could appoint or'elect its own chairman if they so desired. Bob Worthy, 1223 Manchester, was priseot and stated as a member of the Park and Recreation Advisory Board, he would like to know if the 400' zone was to e acquired for landscaping or what purpose, and asked who was going to pay for it. Mr. Worthy continued there were two members of PRAB who travelled at City expense to learn about city beautif- ication and their names were not mentioned on the Committee. Vice Mayor Colburn said in regard to the appointment of the committee it would be wise to in,cluce a member of PRAB and create a committee and let them select their own chairman. Mayor Morgan reminded the 7/12/66 263 Council there was not much time, a meeting was arranged with Con- gressman Van Deerlin. The Vice Mayor said the committee could meet with the Congressman without a chairman and he did not think there would be any problem notifying a member of DRAB to attend the meeting. The Mayor stated he contacted someone from PRAB and someone from the Navy and will make those appointments at a later time; he did not want the committee so big they could not function. The Vice Mayor said he felt the buffer zone was important; ;t was recommended from time to time and was in the General Plan; the idea of the buffer zone instead of the entire property was rood and he thought there were many people who could be on the Committee; at the moment there was an obligation to the people to show no partiality to any of the candidates; he would not support the appointment of a committee chairman when there were other council candidates who had requested the respect of not appointhim because it gave him en edge over them; each should come through on his own efforts. Mayor Morgan said if any of the other candidates came up with an idea of this magnitude he would appoint l"'m chairman of his own committee, Barney Melillo appealed to the Mayor it was unfair to the other seven candidates; it was the citizens privilege to back a candidate, butanyone serving the City as Mayor should not do so at the City's expense. Moved by Reid, seconded by Morgan, the motion.be amended to'aooro a•a•° t- ment of the names mentioned and they select their own chairman. Moved by Hogue, seconded by Colburn the motion be amended to include the appointment of a member of PRAB selected either the Manor or the City Manager so they could inform the Councit as a. member of the City. Mayor Morgan said he contacted a member of PRAB and would be informed whether or not the person would serve. Amended motion carried by unanimous vote,. THE CITY MANAGER'S recommendation to approve a step increase for Administrative Assistant John Linn to Rate 22, Step B, was presented. Moved by Colburn, seconded by Reid, it be approved. Carried, by the foi;l.owi.ng vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. A COMMUNICATION FROM JAMES STUART, Chairman, Nat -Par & Mar Vista District Tourhament,,inviting the City Council, City Manager, and the Director of Parks to attend the opening ceremonies of the District Colt League baseball tournament, Thursday,. July 21st et 4:00 p.m., Hollingsworth Field, El Toyon Park, was presented°. Ordered filed by unanimous vote. A COMMUNICATION FROM CITY LIBRARIAN ELLEN BAEDER announcing her retirement effective October 14th was presented:° -Moved-br Hogue, seconded by Cptburn,.the.ret rement be approved and a letter of appreciation be sent for her long years of service. Vice Mayor Colburn suggested the City Manager find how many years she was in the employ of the City and a plaque of appreciation be presented. Carried by unanimous vote. '" APPLICATION FOR PERSON TO PERSON' TRANSFER' of off -sale beer and wine license by David Posada, Jr.,. dba Dave's Market,.1640 McKinley Avenue, was presented. Moved by Hogue, seconded by Colburn, it be filed. Carried by the following .vote, to -wit: Ayes: Coiburn, Hogue, Reid. Nays: None. Abstaining: Morgan. AN APPLICATION FOR PERSON TO PERSON TRANSFER of off -sale beer and wine license by Robert M. Gates, dba.Speedee Mart #66, 2335 Highland Avenue, was presented. Moved by Reid, seconded by Hogue, it be filed. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Nays: None. Abstaining: Morgan. A COMMUNICATION FROM C. M. RUTHERFORD,. Manager, National City Golf Course, requesting waiver of green fees for the Junior Golf Association tournament July_28th and thanking the City for the new 20th Street 7/1 2/66 264 entrance road to the golf course was presented.Moved by'HbgUe, seconded by Rid,tY1P granted.- Carried by unanimous vote. THE ARCHITECTS MONTHLY PROGRESS REPORT dated July 7th for.theC.ivic Center and EOC was presented. Moved by Colburn, seconded by Hogue, it be accepted and filed. Carried by unanimous vote. ** See below - added paragraph CITY MANAGER OSBURN said the Finance Committee at its last meeting recommended adoption of the tentative budget excluding the note at the bottom of page 14. Moved by Reid, seconded by Morgan, the tenative budget be approved and the committee re -consider the $700,000 revolving fund for street improvements. Moved by Reid, seconded by Colburn, the motion -be••amended to approve the tentative budget only. Carried by unanimous vote. Mayor Morgan stated he would like to see money that might come in at a later time be set aside for a fund for 1911 Acts. RESOLUTION NO. 9164, "RESOLUTION ADOPTING SALARY SCHEDULES FOR 1966- 67" was read. Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. CiTY MANAGER OSBURN said he had a revised lease for the court facility and recommended it be referred to the City Attorney for a resolution authorizing the Mayor to sign the lease. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN presented a step increase for Clovee Wright to Step C, Range 19 1/2 approved by the Department Head and recommended it be approved. Moved by Hogue, seconded by Reid, the step increase be granted. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN presented a Letter addressed to Fire Chief Bailey from Toni Love tendering her resignation effective July 15th and recommended it be accepted. Moved by Hogue, seconded by Colburn, the resignation be accepted. Carried by unanimous vote. CiTY MANAGER OSBURN read a request from Lee R. Moore, Diamond Cab Co., requesting the licensing of two additional cabs in the city; the two additional cabs are stationed in Spring Valley and Chula Vista; he would like to be able to have then pick up fares within the City on return trips to their stations. Moved by Hogue, seconded by Colburn, the two additional licenses he approved. Councilman Read said there were too many cabs in the downtown area at night... Motion carried, by the following vote, to -wit: Ayes: Colburn, Hogue,. Morgan. Nays: Reid. CITY MANAGER OSBURN read his recommendation to permit a driveway on Cleveland in the vicinity of 13th Street providing no parking be allowed on the east side of Cleveland between off -ramp and 13th Street and that a careful watch relating to traffic entering Cleveland be conducted by Police and Engineering Departments; and should this appear to be hazardous a raised center divider .strip be placed in Cleveland Avenue that would allow egress traffic, right turnsonly, and requested the Council approve his recommendations. Moved by Colburn, seconded by Reid, the recommendations be approved. Carried by unanimous vote. CITY. MANAGER OSBURN presented Change Order #6, Civic Center and EOC, for 11 items totalling $4,927.17 and recommended approval. Moved by Colburn, seconded by Reid, it be approved. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN presented progress payment No. 14, Civic Center 7/1 2/66 **The Olivewood Housing report was presented. Moved by Colburn, seconded by Reid, it be accepted and filed. Carried by unanimous vote. Corrected 7/19/66 I. Minogue 265 and EOC, in the amount of $98,084.26, and recommended payment be made. Moved by Reid, seconded by Colburn, payment be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Morgan. Nays: None. CITY MANAGER OSBURN presented the minutes of the San Diego County Water Authority meeting of June 9th and notice of Committee meetings. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported there was some one interested in purchase of approximately 5 acres of city -owned property at 24th Street and Coolidge Avenue and suggested a Real Estate Committee meeting be called. Mayor Morgan called a Real Estate Committee meeting for Thursday, July 14th at 3.30 p.m. CITY MANAGER OSBURN recommended Public Works be established as a separate department and City Engineer Foster be allowed to give full time to the Engineering Department. Moved by Reid, seconded by Colburn, the City Manager's recommendation be approved. THE CITY CLERK presented the secured tax valuations for the fiscal year 1966-67 net value $35,552,930.00. Ordered filed by unanimous vote. CITY CLERK MINOGUE read a communication from J. C. Womack State Highway Engineer in regard to access routes to the Coronado Bay Bridge. Ordered filed by unanimous vote. CITY CLERK MINOGUE stated the SUMMARY of APPORTIONMENTS OF MOTOR VEHICLE LICENSE FEES for the period June I, 1965 to May 21, 1966, was received and would be on file in her office. CITY CLERK MINOGUE announced Miss Cathy Brannon, temporary junior clerk -typist would resign effective July 15th and wilt be married July 30th. Mrs. Minogue stated Miss Brannon had been satisfactory in her work and a pleasure to have in her office and wished her the best of luck. CITY ENGINEER FOSTER presented a map of Freeway Route 54 showing intercb ange at Sweetwater Valley Road beyond Sweetwater Heights and stated he and Director of Planning Stockman were workirT on an off ramp which they thought the Division of Highways would work out for them. TheCity Engineer suggested the map be held over for action at the next meeting. Mayor Morgan recommended it be on the Agenda for next week. Moved by Reid, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. Moved by Colburn, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:CO p.m. ATTEST: ; M. -:1 YOR, CITY OF N1 OL CITY,-CALIFORNIA CITY CLERK 7/12/66 266 MI;UTES OF THE REGULAR MEETING OF THE CITY 'COUNCIL""C}F THE CITY OF NATIONAL CITY, CALIFORNIA July 19, 1966 The. regular meeting of the City Council was called -to order by Mayor Morgan at 7:30 p,m. :Council members present: Colburn, Hogue, Re101, Morgan. Council members absent: Nene. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McLean, Minogue, Osburh, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburrl, followed with invocation by the Rev, Homer W. Grimes, First Baptiat Church. Moved by Colburn, seconded by Reid, the minutes of the regular meetilg of Juty 12th be approved with the following addition to page 264, after paragraph 2: "The Olivewood Housing report was presented. Moved by Colburn, seconded by Reid, it be accepted and filed, Carried by unanimous vote." Carried by unanimous vote. RESOLUTION NO, 9165, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (Granger Avenue, 18th Street to 24th Street; 24th Street, Granger Avenue to Lanoltan Avenue; 20th Street, Valle Vista to Rachael Avenue; Van Ness Avenue, 20th-Street to 24th Street)," was presented. Moved by Colburn, seconded by -Reid, the reading of the resolution be waited and it be adopted by reading of the title onlv.Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Colburn, the Resolution be adopted.Carried by unanimous vote. RESOLUTION. NO, 9166, "RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT FOR THE NATIONAL JUSTICE COURT," was presented, Moved hy. Colburn, seconded by Hogue, the reading of the resolution be waived and -.t.be adopted by reading of the title onlv.Carried by -unanimous vote. The title was read. Moved by Reid, seconded by Colburn, the Resolution be adopted, Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN requested the Emergency Ordinance establishing'floed plain zonipg controls listed on the Agenda be laid ever to allow further -study with no action taken at this time, Moved by Coiburn; seconded by Reid, the Director ef,Planning's recom- mendation be approved, Carried, by the following vote, to -wit: Ayes: Colburn, Reid, Morgan, Nays: Hague. CITY ATTORNEY MC LEAN reported in regard to granting waiver of lestatt* ation of sidewalks and curbs where property improvement was $2,500 or greater for a definite period of time or forever the Council had the power togrant an exemption for a limited, specified period of time. The City Attorney continued City Ordinances do not specifically provide for deferment but the Council has the power to grant deferment er limited exemption; it might be better to amend the ordinances to provide for deferment and performance bonds similar to ordinances of other cities. Moved by Hogue, seconded by Colburn, the ordinances be mended slmgtar.to ordinances other cities have where an waiver of .pldewal_l a .bond`"must he posted that the peopre will comply when the area it read for-dgvelopment, Vice Mayor Colburn asked if it woui still be left -to the discretion of the Council. The City Attorney said the reason fop the bond on deferral of improvement was to protect the public welfare; the Council has the power now to grant limited deferl'ale; h wever, It is not set out spedfically in the ordinances. Councilman Reidsaid In hardship cases, it could tie up a perser's mcneyfor a long period of time. Councilman Hogue agreed it could and said his idea was merely to grant waivers for a period of one year arid if the condition stilt existed at the end of the year they come hack for extension, so other citizens would not think ;the City was beei+ag s;s`4ere, 1Fth, •hem. Curs L li ag rivoue, requested the City 7/19/66 267 Attorney bring in two different proposed amendments for the Council to study: One with performance bond and the other for limited time waiver. Moved by Hogue, seconded by Colburn, the motion b amended to include the City Manager and City Attorney -bring back the idea of adding to our ordinance the...possibi1jty of a bond or the idea of granting a waiver for a limit of one year. Dr. George Parchen, 101 East 18 Street, was present and stated people with money might prefer to post a bond than to have to come back at the end of the year for an extension of the waiver. Mayor Morgan said in the past the Council required the posting of bonds and it worked out well; some were just waived and some bonds were required. Motion carried by unanimous vote. COUNCILMAN REID displayed a map showing streets between 18th and 24th Streets and National and Highland Avenues and recommended the Council instigate a 1911 Act improvement of certain unimproved streets indi- cated in color; he stated no drainage was required. Moved by Colburn, seconded .by Hogue, Councilman R eid's recommendation be approved. Councilman Hogue asked if the Engineering Department could prepare a map for the Council to look at and the item be on the Agenda for next week. included in motion and second, Carried by unanimous vote. COUNCILMAN HOGUE stated he wrote a letter to each Councilman pertain- ing to an error on the part of the Council in the budget; two types of 1911 Acts were set up, those requiring city participation in drainage and those not requiring city participation; in this year's budget $40,000 was set up for drainage in the area of 7th Street; 7th Street was not on the priority list; it was also placed on the list above other types of drainage; in page 113 of the budget. 4,items of drainage are listed and only one was on the priority list. Council- man Hogue stated due to the development of the airport and the pier, such streets es Coolidge and Wilson should be placed on this year's budget even though they are not on the priority list. Councilman Hogue said the drainage for 7th Street would benefit only that area, not the whole City; there were three projects 7th Street was put ahead of which were initiated by the people; the project now -at the head of the priority list was number six when he was elected,"but there is no money for the drainage; he believed the money should be takenfrom the 7th Street project and put back where -the people initiated the 1911 Act. Moved by Hogue; seconded by Colburn, the drainage project on 7th be removed from the budget and the money aPOlied back to the priority list and the money necessary to put a passable culvert through V Avenue so people can go through there. Vice Mayor Colburn asked if the maker of the motion would request this be brought back by the City Manager for approval. Included -in motion and second. City Manager Osburn said 7th Street was probably taken from the priority list due to the fact the freeway will come through soon; the drainage was a re -budgeted itemand would not have to be done this year. Councilman Hogue said drainage is important and the people in the area would like the drain- age corrected, but there is not enough money to accomplish everything at once; but when someone initiates a 1911 Act in their area and it is being held up by lack of funds, it should be applied in that area rather than in an area where the people have not initiated a 19t1 Act. Mayor Morgan asked the City Engineer where the drainage would be on 7th Street. City Engineer Foster said the drainage as designed picks up at the medical buildings at 8th and Euclid and then west to V. Mayor Morgan asked why, if this was carried over from last year's budget where it was moved up, this Council was being accused of moving it up. City Manager Osburn said because of the long rainy season, the work could not be done last year; the only urgency is to get it up to the east side of Freeway 805; the State would take it under the Freeway. Vice Mayor Colburn said he favored the motion as it -stood, with the City Manager to bring back a report on the $40,000 budgeted. Motion carried by unanimous vote. COUNCILMAN HOGUE said it was important R Avenue, between-4th and 8th Streets, be developed parallel to the freeway that will be coming through. Moved by Hogue, seconded by Colburn, the Council instigate a I914 Act to improve R Avenue between 4th and 8th Streets. Mayor Morgan asked if a -map could be prepared. Included in motion and second. Carried by unanimous vote. 7/19/66 268 COUNCILMAN HOGUE inquired about the Resolution to close streets in the Olivewood Housing area which was presented several weeks ago and laid over; he said it might be detrimental to the success of the apartment project to delay it longer. Moved by Hogue, seconded by Colburn, the streets suggested by the City Engineer included in the Olivewood area -where the apartments are to be developed be closed. Vice Mayor Colburn asked if there had been any progress. Mayor Morgan said -he met with the people and talked to them several times and the problem would be worked out; he was looking for them -to come to his office any times. Councilman Hogue asked what the problem was. Mayor Morgan said there were several problems. Councilman Hogue asked for one of the reasons. Mayor Morgan said he would bring it back to the Council when it was worked out. Councilman Hogue said he would like to be aware of the problems. -Mayor Morgan said one of the problems was that Acme Chevrolet had a bid on a portion of the property for some time and they have been in touch with Acme so they could have some 100 feet, enough property to finish moving in; there were other problems. Councilman Hogue said he thought this was a politicalmaneuver; if FHA came through they would not be able to fullfil their obligations to the Federal Government and they would lose the loan; this was wrong; the previous Council voted to sell to these people. Mayor Morgan said if the streets were closed and the project did not continue the City would have the 'expense of re -opening them; they were not starting to build until February of next year; they have only plot plans at the present time and are not ready for FHA approval; holding this up would not keep them from getting their financing. Councilman Colburn asked if the Mayor thought there could be an answer on the problems next week and said if the Mayor would report next week, he would withdraw his second. The Mayor said he would report next week. Second was withdrawn. Motion died for lack of second. COUNCtLMAN HOGUE said there were two buildings that were rundown and probably do not conform to the building code and they should be 4ocemzele one is on the corner of Cleveland and 25th, the other on the corner of Cleveland and 23rd. DR. GEORGE PARCHEN, 101 East-I8th Street, was present and asked Councilman Reid if C Avenue between I8th and 22nd was included in the streets he recommended for Council :-instigated 1911 improvement. Councilman Reid said it was included. MAYOR MORGAN stated he would like to appoint Mrs. Winifred Escalante of the -Park and Recreation Board to the Buffer Zone Committee. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR MORGAN stated he would Like to appoint Louis L. Thompkins, 2227 East 16th Street, to the Planning Commission to fill -the unexpired term of Donatd L. Torbett. Moved by Reid, seconded by Morgan, the appointment be approved. Vice Mayor Colburn requested it be on the Agenda for next week with another name submitted for -the Council's approval, Motion and second were withdrawn. Moved by Reid, seconded by Colburn, it be laid over for a week. Carried by unanimous vote. MAYOR MORGAN said a 1911 Act improvement for 17th Street from G to L Avenue was voted down a couple of years ago and he was requested by persons within the district to reactivate the act; engineering plans were complete. The Mayor recommended the -City Engineer be instructed to reactivate the 1911 Act. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved. Councilman Hogue suggested it be placed at the bottom of the priority list. Motion carried, by the following vote, to -wit: Ayes: Colburn, Reid, Morgan. Nays: Hogue. VICE MAYOR COLBURN suggested Robert Clark, 18O0 block of N Avenue, be considered to fill the unexpired term on the Planning Commission. Mayor Morgan requested it be on the Agenda for next week.'' 7/19/66 e e� / / 6 - 269 LAWRENCE EVENSON was present, and asii d if councilman Reid's recommendation for a 19l! Act included 2ist Street. Mayor Morgan said 21 st and 22nd Streets between F and i; i g i i and were included. LOUIS CAMACHO, 1937 A Avenue; was present and asked if Ei Toyon Park could be oiled or blacktopped to keep -down the dust for the Colt League District Tournament; it would be -a good thing -for the ball park. Mayor Morgan asked if it would be possible to do it -before the tournament. Councilman Hogue said if grass was to be planted the oil would be detrimental. Mr. Camacho said the area he had in mind was mostly used for, parking. Mayor Morgan said he did not see how this could be done before the start of the tournament at 4:00 p.m. on Thursday; it could be watered down. Mr. Camacho asked if something could be done for the back -of the Community building, either -oil or blacktop. City Manager Osburn said that was scheduled for about six weeks. Sarney Melillo, 105 Laurel Street, was present and stated water would not last for mere than 15 minutes and suggested about $15-$20 worth of crystals be put in the area. Mayor Morgan asked the City Manager if this could be done. BARNEY MELiLLO, 105 Laurel Street, was present and stated -in regard to the sewer charge, the money was still being collected by the Water company; he knew the Mayor voted against handling it this way; and asked if the Counctl would cone sides- some other means of collection to save the 510,000 charged by the water company. Mayor Morgan said that was discussed in the Finance Committee meetings and it was decided not to add it to the taxes; if the City did not get this money it would be hard for -the City to get by; the budget was tight; in time to come this could be done. Councilman Hogue said the final word was that as candidate the Mayor said he had a plan fur saving this money, but he refused to give the people the plan. MOVED i3Y COLBURN, seconded by Reid, the property on Wilson Avenue for which en offer was received at the Real Estate Committee meeting be djscussed next. Carried by unanimous vote. City Manager Oshurn reported Mr. Clint Matthews offered $10,000 to purchase 11/2 acres on 28th Street, a slough, offer subject to the buyer being successful in acquiring the 1 1/2 acres to the west fronting on Wilson Avenue, to be used by Tom Moynahan's Auto and Truck Storage for a dismantling company. Mr. Oshurn stated the Real Estate Committee recommended the offer be rejected. Vice Mayor Colburn said one of the reasons for the recommendation was the --fear it could be seen from the freeway which the City is trying to beautify; he drove down the freeway looking at this property and it is below street level now and assuming it was filled and brought up to grade of the street it might be seen; there is a dismantling company in El Cajon and due to their building specif- ications it is not ugly; if it were to he fenced, only the area --near theback of Fluidgenics could be seen from the freeway. Moved by Colburn, seconded by Hogue, the Council consider this offer and work through the City Planner in regard to regulations and stipulations before apprpving-"it. Councilman Hogue asked if the Vice Mayor wanted e study brought back as to what it would contribute to or detriment the area„ The Vice Mayor said if the buyers would agree, it would not hinder or set a precedent; further study should be made and perhaps one more business would be retained in National City. Mayor Morgan said it would have to be referred to the Planning Commission for a recommendation. Director of Planning Stockman said her intent- ion would be to take it before the Planning Commission; she would also like the City Attorney to work on this; automobile dismantling is prohibited in the City -and she would like to see if a variance could be worked out. Moved by Colburn, seconded by Reid, the Planner's recommendation be included in the motion. In answer to -Councilman Reid's question 'as to how many automobile dismantling businesses there were in town, the. Director of Planning said there were four. Motion carried by unanimous vote. 7/19/66 270 BILLS AUDITED bY THE FINANCE COMMITTEE were presented: General Fund $ 14,385.62 Traffic Safety 2.98 Park 292.48 Retirement 5,464.81 Trust and Agency 25.00 Sewer 369.02 Civic Center 102,786.44 T OTAL $123,326.35 Moved by Colburn, seconded by Reid, the bills be approved and warrants cZrdered drawn for same. Carried, by the following vote, to wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in -the amount of $66,829.42 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. CITY MANAGER OSBURN reported in regard to the disposition of -the houses given to Tijuana, neither he nor the Mayor had been able to contact the Mayor of Tijuana but another offer was received. The City Manager requested permission for the City Attorney and himself to draw up a sales contract to present at the next meeting in case Tijuana doesn't want them. Moved by Colburn, seconded by Reid, the City Manager's request be granted. Carried by unanimous vote. THE MINUTES OF THE LIBRARY BOARD OF TRUSTEES' meeting of July 6th were presented. Moved by Colburn, seconded by Reid, they be approved and filed. Carried by unanimous vote. A REQUEST FOR REFUND OF $25.00 PERFORMANCE BOND by Harris Howell; 29 1 2 East 6th Street was presented. Moved by Hogue, seconded by Cotburn, the refund be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. A COMMUNICATION FROM MRS. EMILY BAKER, Chairman, Ways and Means Committee, Ladies Auxiliary of the Fraternal Order of Eagles, for permit for one day rummage sate at 835 National Avenue on July 25th was presented. Moved by Colburn, seconded by Reid, it be approved. Carried by unanimous vote. A COMMUNICATION FROM FRANK WILLIAMS, President, Chamber of Commerce, in regard to the Board of Directors' request that beautification and landscaping of Kimball Park be included with the landscaping of -the new -Civic Center was presented. Moved by Hogue, seconded by Colburn, it be referred to the Park and Recreation Advisory Board. Carried by unanimous vote. THE REQUEST OF R. E. BABCOCK, Hiticrest Manor Sanitarium, for refund of $26.00 (health permit payment) paid in error and City Treasurer Kerr's recommendation the refund be paid were presented. Moved by Cotburn, seconded by Hogue; the refund be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. A COMMUNICATION FROM JOE MINOGUE, Chairman, Chamber of Commerce Community Advertising Committee, conveying thanks for the use of a city truck and driver to transport the -National City display to and from the County Fair and commending Bob McConkey (driver) and Stan Biggs (Director of Public Works) for their assistance was read. Moved by Hogue, seconded by Reid, the letter be filed and copies be placed in the personnel folders. Joe Minogue, I105 East 4th Street, was present, and reported the display won fourth place. Motion carried by unanimous vote. 7/19/66 271 THE RESIGNATION OF PATRICIA-L. CARLSON, Library Clerk, was presented. Moved by Colburn, seconded by Hogue, it be accepted and a letter of thanks be sent. Carried by unanimous vote. MAYOR MORGAN"requested the Council to consider the two persons recommended by the Planning Commission to the vacancy of Mr. Torbett's unexpired term. Moved by Hogue, seconded by Ceiburn, the two names be includedon the Agenda next week. Carried by unanimous vote. CITY MANAGER OSBURN reported two offers were received for city owned property at 24th and Coolidge, one from. Carlin Construction Company and the other from Ward Fitzpatrick; the Real Estate Committee Chair- man said he would like to see the street put in before proceeding and the Committee agreed to consider it at a later date. Moved by Hogue, seconded by Reid, the -Real Estate Committee's recommendation be approved. Councilman Colburn asked if this action would deter the Council from accepting an offer on the property and was advised it would not. Motion carried by unanimous vote. CITY MANAGER OSBURN reporte21 eeeeloT 6f the San Diego County -Water Authority operations for the month of June. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of action of the South Bay Irrigation District; copies of which were distributed to the Council, and recommended it be on the Agenda for next week with a full report. Moved by Hogue, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY CLERK MINOGUE presented a communication. from Port of San Diego in regard to Resolution No. 9152 urging the Department of Defense to reopen the U. S. Naval Repair Facility. Ordered filed by unanimous vote. CiTY CLERK MINOGUE presented a communication from Sinclair Paint Co. in regard to payment for materials used in the Civic Center. CITY CLERK MiNOGUE reported receipt of the executed contract with San Diego Gas and Electric Company for service in the Civic Center. Ordered filed by unanimous vote. CITY CLERK MlNOGUE-stated it had been the practice to mail notices of hearing on establishment of zoning on annexations to persons within 300 feet of the exterior boundaries of the annexation as well as to the persons within the annexation; it was her understandinf this was not a legal requirement; and requested the Council to establish"a policy on such mailings. Moved by Hogue, seconded by Reid, it be referred -to the City Manager and the City Attorney for-a=recommendation. Carried by unanimous vote. Mayor Morgan requested it he on the Agenda for next week. THE PLANNING COMMISSION'S recommendation public hearings be set to establish R-4-P-D Residential Planned Development Zone, for the following annexations was presentedand the City Clerk recommended the hearing be set for August 23rd: Alta Drive,' Proctor, Prospect Street, Ridgeway Drive, and Wright. Moved by Colbur°n, seconded by Hogue, the hearings be set as recommended. Carried by Unanimous vote. THE PLANNING COMMISSION'S recommendation public hearir be. e to establish C-2-A, Special Limited Commercial Zoni g;`�"far fhe'fol owin (P annexations was presented and the City Clerk recommended the hearings_j be set -for August 23rd: Pommier and Slepko. Moved by Hogue, seconded A by Colburn, the hearings be set as recommended. Carried by unanimous vote. THE PLANNING COMMISSION'S recommendation public hearing to establish approval of the Planning Commission of all structures in excess of one story in height within the R-t-S-i Zone (Special Residential Zone) was presented, the City Clerk recommended August 23rd-for the hearing. Moved by Colburn, seconded by Hogue the hearing be set /l9/66 l'/2 sit" 6. �' �/-�,-•-vu--a.-cat- -°---^-z—SL cv(=--a---✓ 272 as recommended. Carried by unanimous vote. CITY ENGINEER FOSTER displayed a map furnished by the Division of Highways showing the on -off ramps -between Freeway 805 and Interstate. 5. Mayor Morgan asked If the Chamber of Commerce had seen the map. City Engineer Foster said the City had not pregented it to them. Mayor Morgan recommended it -go before the Chamber of Commerce. " Moved by 'Co 1 burn, seconded by Reid, the Mayor's recsommer1dcW on be approved. Carried by unanimous vote. MOVED BY REID, seconded by Hogue, the .meetinc.:be ctose51. Carried by unanimous vote. The meeting closed at 9:1E p.m. MAY002, CITY 1 NAL CITY, CALIFORNIA j CITY CLERK 7/19/66