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HomeMy WebLinkAbout1966 08-16 CC MIN286 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 16, 1966 The regular meeting of the City Council was called to order by Mayor Morgan at 7:30 p.m. Council members present: Colburn, Reid, Morgan. Council members absent: Hogue. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McLean, Minocue, Osburn, Stockman. THE MEETING WAS OPENED with salute to the Flag led by City Manager Osburn, followed with invocation by the Rev. R. D. Richardson, South Bay Bible Community Church. Moved by Colburn, seconded by Reid, the minutes of the regular meeting of August 2nd be approved. Carried by unanimous vote. Absent: Hogue. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $69,86 9.24 was presented. Moved by Colburn, seconded by Reid, the payroll be approved and warrants drawn for same. Carried,by the following vote, to -wit: Ayes: Colburn, Reid, Morgan. Nays: None. Absent: Hogue. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $13,870.71 Traffic Safety 350.24 Park 1,164.89 Special Street 14,030.44 Sewer 396.61 Civic Centex 1,949.35 TOTAL $31,762.24 Moved by Reid, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes, Colburn, Reid, Morgan. Nays: None. Absent: Hogue. The CANVASS of the official ballots of the SPECIAL MUNICIPAL ELECTION on August 9, 1966, was held at this time. RESOLUTION NO. 9175, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL ELECTION HELD IN SAID CITY OF NATIONAL CITY ON THE 9TH DAY OF AUGUST, 1966, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW,4t was presented. (Moved by Colburn, seconded by Reid, the reading of the Resolution be waived, and it be adopted by readihg of the title only. Carried by unanimous vote. Absent: Hogue. The title was read.) WHEREAS, a special election was held and conducted in the City of National City, County of San Diego, State of California, on Tuesday, the 9th day of August, 1966, as required by law; and WHEREAS, it appears that Notice of said election was duly and regularly given; that voting precincts were properly established; that election offi- cers were appointed and election supplies furnished; and that in all respects said election was regularly and duly held and conducted according to law and the votes cast thereat received and canvassed, and the returns thereof made and declared in time, form and manner as required by the laws governing elections in general law cities; and WHEREAS, the Council of said City of National City met at the Council Chambers in the City Hall of said City of National City, on Tuesday, August 16, 1966, to canvass the returns of said election, and install the newly elected officers, as a result of which the Council finds that the number of votes cast, the names of the persons voted for, and other matters required by law, to be as hereinafter stated; 8/16/66 287 NOW, THERbrURE, BE IT RESOLVED by the City Counoi`1 of the City of National City, California, as follows: That said special election of the City of National City was held and con- ducted in the City of National City, State of California, on Tuesday, the 9th day of August, 1966, in the time, form and manner as required by law. That there were twenty-seven (27) voting precincts established for the pur- pose of holding said election, consisting of the regular election precincts established in said City by the Board of Supervisors of the County of San Diego for the holding of elections. That the whole number of votes cast in said City at said special election was 3570 votes. That the names of persons voted for, the office each person was voted for, the number of votes given at each precinct to each person, and the number of votes given in the City to each person are as follows: FOR MEMBER OF THE CITY COUNCIL (Term Ending April 9, 1968) 0 a H 0 H fil 2 X ii m a w a a w 0 O 0 0 D ›. H PRECINCT 8 12, M b z m NUMBER 1 8 49 1 37 0 7 6 2 '2 7 42 1 74 2 2 Q 2 3 16 31 0 73 5 11 9 2 4 5 32 1 33 0 5 5 2 5 17 56 2 44 0 6 1 7 6 8 88 1 35 1 7 7 10 7 15 57 1 35 0 4 1 7 8 11 58 1 33 1 13 0 6 9 12 46 3 59 0 6 8 11 10 6 23 0 48 0 5 4 1 11 11 46 1 77 0 10 4 0 12 15 66 0 55 0 9 3 5 13 5 39 1 57 0 4 2 6 14 9 49 0 44 0 3 4 4 15 20 36 3 59 1 13 6 6 16 13 120 0 15 0 4 31 0 17 2 61 0 34 0 11 5 1 18 7 60 0 62 1 2 0 16 19 13 52 0 58 0 6 10 4 20 2 28 0 46 0 4 4 8 21 11 45 4 62 1 2 2 7 22 3 23 1 24 0 2 1 4 23 3 68 7 59 1 3 2 6 24 13 49 0 44 0 7 9 7 25 12 57 0 68 1 6 3 5 26 18 45 1 76 0 12 5 4 27 16 32 0 24 0 8 8 7 Absentee 14 20 0 62 1 0 5 2 292 1378 29 1397 15 172 152 142 8/16/66 288 That the number of votes cast byabsentee voters at said election have been canvassed and counted and are included in the return as hereinabove stated. FURTHER, the City Council does declare and determine that: GERALD L. "JERRY" HARRIS was elected as member of the City Council for a term ending April 9, 1968. BE IT FURTHER RESOLVED as follows: That the City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, showing: The whole number of votes case in the city; The names of the persons voted for; For what office each person was voted for; The number of votes given at each precinct to each person; The number of votes given in the city to each person. That the City Clerk shall immediately make and, upon compliance by the per- sons elected with the provisions of Section 11565 and Section 11568 of the Elections Code of the State of California, shall deliver to each of such per- sons so elected a Certificate of Election signed by her and duly authentica- ted that she shall also administer to each person elected, the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in her office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected. That the City Clerk shall certify to the passage and adoption of this resolu- tion; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. CITY CLERK MINOGUE administered the oath office to newly elected Councilman Harris. COUNC]LMAN HARRIS took his place at the meeting. COUNCILMAN HARRIS thanked the people of National City for their confidence and. support. MAYOR MORGAN presented Certificates of Appreciation for outstanding police work to Lieutenant Liesman, Patrolman Hanson and Sergeant Hunter. ($16.44 from General to Gas Tax 2107.5) RESOLUTION NO. 9176, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS/" was read. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. CITY ATTORNEY MC LEAN presented three Resolutions authorizing execution of agreements. Moved by Colburn, seconded by Reid, the reading of the Resolutions.be waived and they be adopted by reading of the titles only. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9177, "RESOLUTION AUTHORIZING EXECUTION OF FREEWAY AGREEMENT." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9178, "RESOLUTION AUTHORIZING EXFCUTION OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE PERSONNEL BOARD." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue, 8/16/66 289 RESOLUTION NO. 9179, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9180, "RESOLUTION REQUESTING REMOVAL OF ARBITRARY ASSESSMENT RATES TO SMALLER TOWNS." 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. Absent: Hogue.* Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. CITY ATTORNEY MC LEAN presented five Resolutions in regard to streets. Moved by Colburn, seconded by Reid, the reading of the Resolutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9181, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION ("A" Avenue, 12th Street to 14th Street, Specification No. 712)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9182, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Monica Osburn and Ralph & Mildred L. Shrader)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9183, "DEDICATION PURPOSES (Portion of "Q" Avenue, seconded by Reid, h Absent: Hogue. OF CITY OWNED PROPERTY FOR PUBLIC northerly 30.00 feet)." Moved by the Resolution be adopted. Carried by unanimous RESOLUTION NO. 9184, "DEDICATION PURPOSES (Portion of "Q" Avenue, seconded by Reid, theResolution Absent: Hogue. OF CITY OWNED PROPER TY FOR PUBLIC southerly 58.00 feet)." Moved by be adopted. Carried by unanimous STREET Colburn, vote. STREET Colburn, vole. RESOLUTION NO. 9185, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE ALLEY RUNNING NORTH AND SOUTH BETWEEN ROOSEVELT AND HOOVER AND BETWEEN 20TH AND 21ST STREETS." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. CITY ATTORNEY MC LEAN presented four Resolutions for the 1911 Act improvement of Coolidge Avenue. Moved by Colburn, seconded by Reid, the reading of the Resolutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9186, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (Coolidge Avenue from 13th to 18th Streets, 17th Street from Hoover to Railroad Track)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9187, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Coolidge Avenue from 13th to 18th Streets, 17th Street from Hoover to Railroad Track). Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by canimous vote. Absent: Hogue. RESOLUTION NO. 9188, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Coolidge ?venue from 13th to 18th Streets, 17th Street from Hoover to Railroad Track)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by Unanimous vote. Absent: Hogue. RESOLUTION NO. 9189, "RESOLUTION OF INTENTION (Coolidge Avenue from 13th to 18th Streets, 17th Street from Hoover to Railroad Track)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. *The title was read. 8/16/66 290 CITY ATTORNEY MC LEAN presented five Resolutions in regard to the 1911 Act improvement of 17th Street, from ';, " to IL". Moved by Colburn, seconded by Reid, the reading of the Resolutions be waived and they be adopted by reading of the title only. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9190, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (17th Street from 'J' to 'L')." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9191, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (17th Street from 'J' and 'L1, Assessment District No. 152)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9192, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (17th Street from '.1' to 'L, Assessment District No. 152)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9193, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (17th Street from 'J', to 'L')." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9194, "RESOLUTION DETERMINING INITIAL VIEW OF LEGISLATIVE BODY THAT THE PROVISIONS OF DEBT LIMIT ACT WILL NOT BE EXCEEDED AND DIRECTING MAILING OF NOTICES (17th Street from 'J' to 'L')." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. THE HEARING ON THE INTENTION TO VACATE AND CLOSE portion of Lanoitan Avenue adjacent to Lot 198, Lincoln Acres Annexation #2 was held at this time. No one was present in this regard. Moved by Colburn, seconded by Harris, the hearing be closed and it be referred to the proper authorities for further processing. Carried by unanimous vote. Absent: Hogue. RESOLUTION NO. 9195, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTION OF LANOITAN AVENUE ADJACENT TO LOT 198, LINCOLN ACRES ANNEX NO. 2," 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. Absent: Hogue.* Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Hogue. ORDINANCE NO. 1133, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Connor, Leonard Street, Twenty-fourth Street, Van Ness, Montgomery, Hogan, Shelby Drive, and Wise Annexations)." 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: Hogue. The title was read. Moved by Reid, seconded by Colburn, the Ordinance be adopted. Carried by unanimous vote. Absent: Hogue. COUNCILMAN HARRIS stated the downtown business area was deteriorating and although the Downtown Businessmen's Association has worked hard to improve conditions, they needed assistance. Moved by Harris, seconded by Colburn, the City Manager be directed to survey all sources of funds available and give us a report next week so that we may request plans on the development and revitalization of the downtown area. Carried by unanimous vote. Absent: Hogue. VICE MAYOR COLBURN announced the July 1966 issue of the Fire Journal featured the National City Fire Department. Moved by Colburn, seconded by Harris, the Council adopt a Resolution commending Chief Bailey on his activities which brought our Ciy in the limelight, as "City of the Month" in this magazine. Carried by unanimous vote. Absent: Hogue. *The title was read. 8/16/66 291 MAYOR MORGAN stated in regard to the proposed Coronado Bay Bridge there is no ramp into National City; he had a letter from State officials saying there was no money for the ramp. The Mayor said there were 200,000-300,000 people in the South Bay area and suggested letters be sent to Sacramento from City officials, and business people in National City; perhaps the City Manager should go to Sacramento to get this ramp for the convenience of our people. City Manager Osburn said he would consult with District Engineer, J. Dekema, and report next week. Mayor Morgan said he heard some of the contracts for the bridge will be let next month. Dr. George Parchen, 101 East l8th Street, Chairman of the New Business Development Committee, was present and stated candidates for state office were the people to talk with, and the time to talk with them was now and not after they were elected. Dr. Parchen said he understood a survey was made and it did not bear out the necessity for this ramp; he questioned how a survey could be made of something that did not exist. Dr. Parchen stressed that letters be directed to those running for office in an effort to obtain the ramp for the convenience of our people. Mayor Morgan urged every businessman write to Governor Brown and the other candidates. City Manager Osburn assured the Mayor he would have a recommenda- tion next week. MAYOR MORGAN asked if there were any funds available to hire outside engineers to speed up 1911 Acts; he knew the funds would have to be replaced before the end of the fiscal year. City Manager Osburn said he would like to study this and report next week. TOM LEONARD, 2740 Lincoln Court, was present and said he read in the National City Star -News the City Attorney would 4ve a report soon on sewers up in his area and what was to be done about them;"had a couple of City ordinances in regard to sewers; he believed the citizens had the law on their side; the former City Attorney said it was his understanding that the Council permitted a portion of the City to be included within the Sanitation District to save money for National City, but it should not be saved at the expense of the citizenry. City Attorney McLean said he was not in a position at this time to advise the Council. Mr. Leonard said they have recourse to the courts as to whether this ordinance is still in effect. Mayor Morgan asked for a report on this from the City Attorney. City Attorney McLean said he looked into the problem and was not in a position to advise either for or against. W. B. JONES, 1722 Prospect Street, was present and stated he wrote a letter to the Council on June 22, to which he has had no reply and no indication of action on the part of the Council; he wrote another letter last week. City Clerk Minogue said that the letter was referred to the City Engineer and the City Manager. City Manager Osburn stated he had a copy of the letter but was not prepared to answer at this time. Mr. Jones said his attorney said he had the right to expect an answer from the Council. City Attorney McLean said that as attorney for the Council he could not advise Mr. Jones. Mayor Morgan stated that he would be glad to look into the matter personally. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and stated she had not favored the holding of a Special Election; now that it was over she hoped all the Councilmen would work together for the good of the City; some of the names on the "Index to the Affidavits" used in the precincts were those of people who left the City a year or more ago. CITY MANAGER OSBURN'S report, in regard to wire screens at Hart Field dated August 12th, was presented. The report stated repairs were completed and the screens were in good condition. Ordered filed by unanimous vote. Absent: Hogue. CITY MANAGER OSBURN'S report (in regard to sales tax on sales made within National City by companies located outside the City` the sales tax goes to the community in which the sale is reported from, was presented. Ordered filed by unanimous vote. Absent: Hogue. CITY MANAGER OSBURN'S report in regard to Medicare and Cal -Western Group insurance outlining the alternative coverage for eligible employees, and recommending the cost of the Medicare be paid by the employee and the cost of "over 65" Cal -Western be paid in the same ratio as the other group insurance. Moved by Colburn, seconded by Reid, the City Manager's report be accepted and filed. Carried by unanimous vote. Absent: Hogue. 8/16/66 292 CITY MANAGER OSBURN said the City Manager's and City Engineer's report in re- gard to August 15th hearing on 1911 Act improvement of "C" Avenue, 20th Street, 21st Street, and Alley was being compiled and would be ready next week. A communication from Director, Department of Special District Services, County of San Diego, in regard to establishment of flood plain control regulations was presented. City Manager Osburn stated that an Ordinance was adopted in relation to this. Ordered filed by unanimous vote. Absent: Hogue. An application for person to person transfer of off -sale beer and wine license by Elda J. and John A. Kunkle, dba Speedee Mart #20, 824 Palm Ave., was presented. Moved by Colburn, seconded by Reid, the application be filed. Carriedpby the following vote, to -wit: Ayes: Colburn, Harris, Reid. Nays: None. Absent: Hogue. Abstaining: Morgan. A communication from City Manager, Oceanside, enclosing their resolution urging Department of Defense to reopen the U. S. Naval Repair Facility in San Diego, was presented. Mayor Morgan stated action had already been taken on this. The minutes of the regular meeting gf the Library Board of Trustees, August 3rd, were presented. Ordered filed by unanimous vote. Absent: Hogue. A request of the Juniors of Social Service Auxiliary to solicit funds and City Treasurer's recommendation it be approved, was presented. Moved by Colburn, seconded by Reid, the request be approved. Carried by unanimous vote. Absent: Hogue. The request of the City Engineer that Edward C. Latham be granted 60 days leave without pay and City Manager's recommendation of approval, were presented. Moved by Reid, seconded by Colburn, the request be approved. Carried by unanimous vote. Absent: Hogue. A communication from Director of Building and Housing Biggs dated August 5th to approve the request of Gilbert E. Fritz to move an office building from 49 North Euclid Avenue to another location on same lot subject to three conditions, was presented. Moved by Colburn, seconded by Reid, this request be approved subject to the conditions set forth by Mr. Biggs. Carried by unanimous vote. Absent: Hogue. A COMMUNICATION FROM WARD FITZPATRICK (& Associates), P. O. Box 1176, Chula Vista, offering $50,000 to purchase City owned property at the Sw corner of Coolidge Avenue and 24th Street, was presented. City Manager Osburn reported two practically identical offers have been made for the same property; he recommended this offer be kept on file and the Real Estate Committee be called in at a leter date. Moved by Reid, seconded by Harris, the City Manager's recommendation be approved. Vice Mayor Colburn recommended the City Manager notify Ward Fitzpatrick the Council has taken the stand not to accept offers of this nature. Included in motion and second. Carried by unanimous vote. Absent: Hogue. A communication from the Manager, Chamber of Commerce, in regard to the Board of Director's approval of proposed plan for freeways 805 and 54, stating the Highway Department would be able to provide additional interchange on 805, was presented. Vice Mayor Colburn suggested an attempt be made to obtain a full interchange at National Avenue and freeway 54. Mayor Morgan said this question was raised by Mr. Stanley; it was too close to the interchange on Highland. Vice Mayor Colburn said if the Chamber made the effort the present plans were probably the final answer. A communication from the Chairman, Traffic Safety Committee, requesting detailed information be given when referrals are made to the Commission, was presented. Ordered filed by unanimous vote. Absent: Hogue. A communication from City Manager Osburn in regard to amending Ordinances Nos. 828, 830 and 884 (Dog License), was presented. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved and referred to the City Attorney for amendments to the ordinances. Carried by unanimous vote. Absent: Hogue. 8/16/66 293 CITY MANAGER OSBURN said the Director of Building and Housing recommended the Civic Center be accepted although there were three or four items to be taken care of; the Civic Center was substantially complete, and the City Manager recommended acceptance of the building. The City Manager said the architect recommended the extension of the contract for the Civic Center to the date that the Council accepted the building; Mr. Whitwer made the sane request on May 16th, and we have been in the building almost since that date. The City Manager presented Change Order No. 7, the final change order on the building in the amount of $2775.73, covering 18 small items; and recommended it be approved and added to the cost of the building. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Motion carried by the following vote, to -wit: Ayes: Colburn, Harr s, Reid,, Morgan. Nays: None. Absent: Hogue CITY MANAGER OSBURN recommended acceptance of the Civic Center (as recommended by the architect) and that a notice of completion be filed. Moved by Reid, seconded by Colburn, the City Manager's recommendation be approved.. Carried by unanimous vote. Absent: Hogue. CITY MANAGER OSBURN reported the following employees were eligible for step increases approved by their Department Heads: Mary E. Drake, Step E; Helen Mueller, Step E; Charles Palomino, Step E; Clarence Wright, Step E; Mary Padgett, Step C; Bernice Morgan, Librarian, Step E; Robert E. Linares, Step B. The City Manager recommended they be approved. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Hogue. CITY MANAGER OSBURN presented an agreement signed by the California American Water Company and the City of National City for the placing of a water main on UQ" Avenue and recommended it be filed. Ordered filed by unanimous vote. Absent: Hogue. CITY MANAGER OSBURN presented final payment to the architect of Civic Center in the sum of $12,475.72, and recommended it be paid. Moved by Colburn, seconded by Harris, the City Manager's recommendation be approved. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. CITY MANAGER OSBURN presented the executed Agreement between the County of San Diego and the City of National City for the use of the Justice Court and recommended it be filed with the City Clerk. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Hogue. CITY MANAGER OSBURN reported receipt of four items from the San Diego County Water Authority and recommended they be filed: (1) Minutes__of.the regular meeting on July 14th; (2) Notice of Committee Meetings; (3) Operational rates of a numberoof agencies; (4) the setting of the tax rate to the various agencies. Ordered filed by unanimous vote. Absent: Hogue. CITY CLERK MINOGUE presented a communication from California -Western States Life Insurance Co., announcing reduction of 50 per $1,000 for life insurance and said it would be on file. CITY CLERK MINOGUE preeented a communication fran State Compensation Insurance Fund establishing rate for 1966-67 at 82% of premium and said it would be on file. CITY CLERK MINOGUE presented a petition to remove parking restrictions on "Afe Avenue between 6th and 7th Streets signed by eleven property owners and residents. Moved by Morgan, seconded by Harris, it be referred to the Traffic Safety Committee. Vice Mayor Colburn suggested the motion include the Director of Planning. Included in motion and second. Carried by unanimous vote. Absent: Hogue. CITY CLERK MINOGUE presented a notice from the Public Utilities Commission of Application of Greyhound Lines, Inc., Western Greyhound Lines Division, for an order authorizing a statewide increase in intrastate passenger fares including fares in the Peninsula, Contra Costa and Marin services. Mayor Morgan 8/16/66 294 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. Absent: Hogue. CITY CLERK MINOGUE reported a copy of complete assessment roll for National City is on file in the City Clerk's office. CITY CLERK MINOGUE requested the date for Council hearing on Flood Plain Zoning Interim Ordinance be scheduled for September 13th. Moved by Colburn, seconded by Reid,in favor of City Clerk's request. Carried by unanimous vote. Absent: Hogue. CITY CLERK MINOGUE reported the legal advertising for the hearing on the proposed ordinance change for R-1-S-1 zoning was faulty and the hearing was re -scheduled for September 6th. THE PLANNING COMMISSION'S recommendation to approve the freeway to freeway interchanges and freeway to local interchanges on Route 54, and the freeway to Sweetwater Road interchange on Route 805 was presented for information. Mrs. Stockman said the Streets and Highways Committee of the Chamber of Commerce did approve this. City Engineer Foster said it was in the County, but had been discussed by various committees of the Chamber of Commerce. Mrs. Stockman and his office worked hard on it and discussed it with repreenta- tives of the Division of Highways, and it was a step forward to get this access to Sweetwater Road; if the Council would approve it, it would give impetus in future negotiations with them. Mayor Morgan said the Chamber of Commerce was concerned about it and he was not sure it was what they wanted. EDITH SHERMAN, Manager, Chamber of Commerce, was present and said the Streets and Highways Committee studied this and brought it to the Board's attention at the last meeting and there seemed to be agreement; the only opposition was the lack of interchange on National Avenue from 54. Moved by Harris, seconded by Reid, the recommendation of the Planning Commission be approved. Carried by unanimous vote. Absent: Hogue. THE PLANNING COMMISSION'S recommendation to adopt the General Plan Report - 1985 for the City of National City, was presented. Director of Planning Stockman recommended the report be received, the matter set for public hearing, and the report brought back at that time for consideration. Moved by Colburn, seconded by Reid the Director of Planning's recommendation be approved. Carried by unanimous vote. Absent: Hogue. MAYOR MORGAN asked if the Director of Planning could put the Manning Commission's recommendations on the Agenda instead of reading them; it would save time and the Council would be able to study them. Director of Planning Stockman said she would try. THE PLANNING COMMISSION'S recommendation to approve the installation of improvements on Thelma Way by 1911 Act or private contracts, was presented. Director of Planning Stockman said residents of Thelma Way requested the Council to consider the paving of their street; the matter was referred to the Engineering Department and the Building Department and was under study by the Planning Department. Mrs. Stockman said there was a 1911 Act in process fox Thelma Dray. Director of Planning Stockman recommended that they proceed under the 1911 Act. Moved by Colburn, seconded by Reid in favor of the City Planner's recommendation. Carried by unanimous vote. Absent: Hogue. THE PLANNING COMMISSION'S report it could take no action in regard to zoning for automobile dismantling within the industrial area until application for zone change or variance was made by the owner, was presented. Director of Planning Stockman said it was up to the property owner to determine which method to follow, then file their application. City Attorney McLean said the zoning ordinance provided that variance could be granted when there were practical difficulties and unnecessary hardship relating to the property at issue, and his report to the Planning Commission at their last meeting was that it was incumbent on the property owners seeking variance to present evidence to the Planning Commission upon which the Commission could make a finding as to whether or not the hardship and practical difficulty existed. The City Attorney said the alternative as fax as the automobile dismantling would be for the Planning Commission to recommend to the Council, after 8/18/66 295 public hearings, the ordinance establishing the zoning be changed to allow the operation of automobile dismantling plants anywhere within the industrial zone. City Attorney McLean said the property owners have never filed an application with the Planning Commission for any official action, and the result was the Planning Commission concluded that since no application had been filed it should not have been before the Planning Commission, and that was the gist of their report. Vice Mayor Colburn said this property is City owned, and in view of the facts mentioned by the City Attorney he doubt- ed if there was any hardship on the particular property to warrant a variance; the City Attorney and the City Planner should be authorized to change the ordinance to allow this business and include precautions or stipulations in regards to proper fencing and beautification. Mayor Morgan said a change in zoning would include all the industrial area. City Attorney McLean explained three ways in which, the automobile dismantling business could be alloweds (1) To provide in the zoning ordinance that automobile dismantling is a permitted use; a specific piece of property within the industrial zone could not be re -zoned to allow the automobile dismantling business; that would be spot zoning, which is unconstitutional; the zoning ordinance would have to apply to all property equally. (2) To consider an application for a variance and, i.f the land owner can demonstrate hardship and practical difficulties referred to is the zoning ordinance, then the Planning Commission would have the legal authority to grant the variance at which time this would be re- ferred to the Council. (3) To allow the operation of the business under a conditional use permit; our ordinance does not provide for the granting of a conditional use permit. The City Attorney said it was not known whether or not hardship within the meaning of the zoning ordinance existed until the Planning Commission held a hearing and had evidence presented to it about this particular piece of land; it would be speculative to decide in advance whether or not there was hardship until the property owner made an applica- tion. Vice Mayor Colburn asked the Director of Planning if such an ordinance change were made, if there could be sufficient restrictions to eliminate possible misuse of this ordinance; to keep from having dismantling yards springing up all over. Mrs. Stockman said she couldnxt say "No" as long as they complied with the restrictions in the ordinance. Moved by Colburn, the City Attorney and City Planner be instructed to prepare an ordinance that would allow dismantling yards to locate in National City so long as the ordinance was written with the particular fencing and beautification that is necessary to keep this type of business in the same line and appearance as with other industrial properties. Motion died for lack of seoond. Vice Mayor Colburn said that the 24th Street terminal will be locatedin National City; scrap yards are already operating; this material must come to National City in some form; this is not the most attractive business in town but if dismantling yards were forced out of the City there would be 8npexcess amount of trucking coming through the City; and one could be construed bad as the other; it was unjust to a present business and possible revenue to the City by not allowing this action to be at least started. Mayor Morgan said he thought they have a right to bring it before the Planning Commission; that is what the City Attorney said; they have a right to come to the Planning Commission and ask for a zone change. Clint Matthews, 4305 Vista Coronado Drive, Chula Vista, was present and displayed a drawing of the proposed dismantling business and stated they were willing to request a zone variance at the proper time, but the City owns the property at this time; they would file for variance if the Council would indicate they were willing to sell. Mr. Matthews said they offered to purchase about four months ago and have been trying to get an answer since that time; the Council referred it to the Planning Commission; Mr. Moynahan wished to move to another location in National City; the property in its present state is not desirable. Mr. Matthews said other businesses would like to come into National City; a dairy, a bottling plant which would like to locate in the 2700 block on Coolidge, a distributing business. Mr. Matthews said sites on the railroad were hard to find in San Diego County. Mayor Morgan said there was a 1911 Act on Coolidge Avenue. City Manager 0sburn said some of the land was not ready to be zoned; there were no streets or sewers there; the City was faced with the proposition of getting it ready when there was the money for the improvements; there was money for drainage now. Vice Mayor Colburn asked if they submit a request for a variance for that portion of the property they own for hardship or non-use of the ground, or whatever it is, would it set a precedent for the zoning of the City owned property. City Attorney McLean -said that the theory of the zon variance was the peculiarity of a particular piece of property; thaf after hearing evidence 8/16/66 296 the City Planning Commission approved granting a variance; it wouldn't mean that someone else would have the same right; the variance would apply only to the property owned by the applicant. The City Attorney said Mr. Matthews would like the City to make application for variance on its property at the same time he makes application for variance on his piece of property; the Council would have to adopt a resolution directing the City Manager, on behalf of the City of National City, to apply for a zone variance for a particular piece of property, and the Manager would proceed like any individual and appear at the Planning Commission hearing. Vice Mayor Colburn asked Mr. Matthews if his client intended to make application. Mr. Matthews said he would like to see the Council accept Mr. Moynahan's $10,000 tonight and spend this money to improve this area so other industries will come into this area; unless we have the property there is no use ask•if g for.. a .zone variance. Mayor Morgan said at the Real Estate Committee meeting it was voted unanimously to say "No", and you came to the Council and the majority voted and agreed with the recommendation of the Real Estate Committee; the Council was already on record as saying "No" to this. Mr. Matthews said it was referred to the Planning Commission, so actually no action has been taken on the recommendation of the Real Estate Committee. Moved by Colburni that we accept Mr. Matthew's offer for the property on Wilson Avenue. Motion died for lack of second. Mayor Morgan said improvements will be made to the area this year; he favored improving it; that Mr. Matthews has waited'iong enough. Moved by Morgan, to tell him "No". Motion died for lack of second. Moved by Reid, seconded by Morgan, not to accept the $10,000, but every time there was a truck full of dirt the City Manager have it dumped in there and any way we can get money for the sewer and street we put it in there, but at the present time we say "No" to Mr. Moynahan's offer. Mayor Morgan stated even with fences and landscaping it could be seen from the freeway and would be unsightly. Tom Moynahan, 724 West 13th Street, was present and stated that they have been in business for thirty-five years; the freeway took so much of his property he could not operate and wanted to move to the other location within the City. Vice Mayor Colburn stated it was unfair to force a busi- ness out of our community; it was wrong not to allow him to relocate in National City. Mayor Morganstated that',the flood dontr8l channel was hold- ing this up; it was before Congress now. Mr. Matthews said he had a petition from the people in the area saying they are willing to have this done providing it was fenced and landscaped. Motion carried by the following vote: Ayes: Harris, Reid, Morgan. Nays: Colburn. Absent: Hogue. PLANNING DIRECTOR STOCKMAN read a communication and report from the Local Agency Formation Commission in regard to the two ResolutionsJ9155 and 9156) for detachment from the Lower Sweetwater Local Fire District.i5irector of Planning said the County did proceed to withdraw upon this review; that in view of the Local Agency's formal action she would recommend that this matter be filed and no further action be taken. THE OLIVEWOOD HOUSING REPORT was presented. Mayor Morgan recommended it be filed. Moved by Colburn, seconded by Reid, the Mayor's recommendation be 'apprcoved. Carried by unanimous vote. Absent: Hogue. Moved by Colburn, seconded by Reid, the meeting be closed. Carried by unanimous vote.. The meeting closed at 9:55 p.m. M!(YdR;CITY O 'NATNSNAL CITY, CALIFORNIA 8/16/66