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HomeMy WebLinkAbout1970 03-24 CC MIN17-A MINUTES OF THE REGULAR MEETIN3 OF THE CITY COUNCIL OF THE CITY CF NATIONAL CITY, CALIFORNIA March 24, 1970 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. ROLL CALL. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Bourcier, McLean, Minogue, Assoc. Civil Engineer Onley, Osburn, Stockman. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn, followed wlth invot:Lon by Mrs. Walter Hodge. APPROVAL OF iiiur Moved by Reid cy 0,:,1orn, the minutes of thoregular meeting of March 17 1970,aaryoved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO inquired what .,:,rcceeLre Council would have to follow to raise the Nayor's salary prior to th-2 eitIction and how the salary will be determined. City Manager Osburn said the Council could determine the amount of the salary. City Attorney McLean said the amount could be set by ordi- nance. VICE MAYOR REID asked the City Manager to lengthen the wire on the podium microphone and to place a hook near the display board so that when people are making presentations at the board the microphone may be moved and their statements recorded. The proposed PROCLAMATION of "CANCER CONTROL MONTH, APRIL 1970" was read. Moved by Reid, seconded by Colburn, the proclamation be approved. Carried by unanimous vote. The proposed PROCLAMATION of "CLEAN UP MONTH, APRIL 1970" was read. Moved by Colburn, seconded by Reid, the proclamation be approved. Carried by unanimous vote. ORAL COMMUNICATIONS BIRL J. MC GOWAN, 3313 Peachblossom, was present and inquired when the Engineer's report on the petition (home owners of Williams Manor No. 7 for storm drain on rear section of property at City expense - Minutes 3/17/70, page 14) would be acted on; he had started some work on his property and could not finish it until Council action was taken. City Manager Osburn said a meeting was set with the City of San Diego; this was on the boundary of San Diego. OSCAR CANED°, 1729 Cleveland Ave. was present and publicly thanked the Police Department for their efforts to save youths from drug abuse. ADOPTION OF RESOLUTIONS Moved by Hogue, seconded by Camacho, the resolutions be resented b title. Carried by unanimous vote. RESOLUTION NO. 10,061, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Perry and Maniss)." Moved by Camacho, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 10,062, RESOLUTION APPROVING AND PROVIDING FOR EXECUTION OF A PROPOSED CONTRACT OF INDEMNITY BETWEEN THE CITY CF NATIONAL CITY AHD THE REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL CITY TO BEAR ANY LOSS RELATIVE TO EARLY LAND ACQUISITION CONTRACT NO. CALIF. R-127 (TL) PROJECT NO. CALIF. 3/24/70 18 R-127 BETWEEN THE UNITED STATES OP AMERICA Ai\DD THE REDEVELOPMENT AC7NCY OF THE CITY OF NATIONAL CITY," was presented. iloved by Colburn, the meeting be adjourned on completion of the Agenda and reconvene after the meeting of the Redevelopment Agency to take care of the matter. Motion died for lack of second. Moved by Hogue, seconded by Camacho, this Resolution be ado ted and it be read by title orlly.. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Hogue, the Resolution be ado ted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 8,018.61 Traffic Safety 764.42 Cap iI al Out lay 34,429.17 Park 955.73 as Ta7: 205 1.84 Tru!..zt Acy 10.00 Sewer 473.71 Total Moved by Camacho, seconded by Hogue, the.. billsbe approved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. PAYROLL AUDITED 3Y THE FINANCE COMMITTEE in the amount of $90,633.97 was presented. Moved by Hogue, seconded by Camacho, the pa>rroll be aproved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. REFERRALS The report of the Assistant City Manager in regard to SPANISH CLASS SPONSORC,, BY THE CITY OF CHULA VISTA was presented. Ordered filed by unanimous vote. NEW BUSINESS The communication from the City Manager reporting receipt of FRANCHISE TAX FROM THE SAN DIEGO GAS & ELECTRIC CO. in the amount of $36,105.30 was pre- sented. Ordered filed by unanimous vote. The MINUTES of the regular meeting of the CIVIL SERVICE COMMISSION on March 18 were presented. Grdered filed by unanimous vote. The MINUTES of the regular meeting of the PARK AND RECREATION ADVISORY BOARD meeting on March 16 were presented. Ordered filed by unanimous vote. REPORTS CITY MANAGER OSBURN reported receipt of a BULLETIN LARCM THE LEAGUE OF CALIFORNIA CITIES recommending cities contact their legislators urging them to consider tax reform along with providing money for local governments; the City Manager said he would so recommend. Moved by Hogue, seconded by Camacho, to approve the City Manager's and League of California Cities' recommendation. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. CITY MANAGER OSBURN recommended approval of the Fire Chiefts request that Duncan D. Herrin be allowed to defer his vacation until April 7, 1970. Moved by Hogue, seconded by Camacho, the Fire Chiefts request and the Ci lalaatILtsrecoriedm. Carried by unanimous vote. CITY MANAGER OSBURN reported RONALD J. CAVAGNA of El Cajon made application for a taxi drivers permit; he was convicted of a felony in 1964, released in 1968; the Police Department has no objection to issuance of a temporary permit pending receipt of his complete record and the City Manager would so recommend. Moved by Colburn, seconded by Hogue, theCit-Mananen- 3/24/70 19 catica_..11122.2ps_91221. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a LEAGUE OF CALIFORNIA CITIES BULLETIN dated March 18 covering recommen„]ations on a number of legislative items (AB 430, disclosure of assets; vacancies in elective office; Local Agency Formation Commission; Municipal Liability; Mayor to cooperate with Federal Census; etc.). The City Manager said he concurred with the League's recommendations. Moved by Hogue, seconded by Camacho, the L?ague's and, City Manager's recommendations be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported he met with Mr. Jones who is constructing the addition to the building on the southwest corner of 7th and A (former post office); the building encroaches on public right-of-way 1Y1. Moved by Camacho, seconded by Hogue, in favor of the City Manager's recomendatiojwe aunt them an encroachment ermit==nches Carried by unanimous vote. CITY CLER:: MIJOSUE requested permission to hire two persons to work in the Clerk's office I;lection Day, Axil 14, 1970. Moved by Colburn, seconded by Reid, the request be e.pproved. Carried by unanimous vote. CITY CLERC MINOGUE reported receipt of a communication from the City Clerk of San Diego reporting Alpha Tract Annexation to the City of San Diego was completed as of March 13. Ordered filed by unanimous vote. CITY CLERY. MINOGUE reported receipt of a communication from the Clerk of the County Board of Supervisors stating Oational City's resolution urging stricter control on welfare fraud cases was filed by the 3oard of Supervisors. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported receipt of communications acknowledging receipt of National City's resolution in regard to the Peripheral Canal from State Senator James R. Mills and Assemblyman Carley V. Porter, Chairman, Assembly Committee on Water (and the Committee's report on feasibility). Ordered filed by unanimous vote. CITY CLER MINOGUE reported receipt of Pacific Telephone & Telegraph Company's Application No. 51774 to the Public Utilities Commission for authority to increase certain intrastate rates and charges. Ordered filed by unanimous vote. HEARINGS THE ASSESSMENT HEARING ON THE 1911 ACT INFROMMEHT, ORANGE ST., 18TH TO 20TH, ASSESSMENT DISTRICT NO. 170, was held at this time. The City Clerk reported the Certificate of Publication and Affidavits of Posting and Mail- ing were on file. City Clerk Minogue reported one letter of protest was received from Lucetta and Howard Ganoung: "Assess. #18 & #19, Dist. 170. ...assessment notice duplicates some of the work completed in Sept. -Oct. 1967. This 100 feet of property was cut back and down to street elevation by Tessitore & Bulldis of Chula Vista. My paid bill included a permit for this work and he took care of the dirt. From 18th Street to the end of our property line Orange St, was left up to the correct grade after it was sur- veyed and staked out. The Water Co. moved the water meters, Gas Co. lowered the pipes and the Telephone Co. had to resink the pole. All this was done in 1967. There was nothing to be done but the surfacing and the other side of the street brought up level with the west side of Orange St. It's the East side of Orange St. that needs the labor and fill. My 100 feet of prc perty has sidewalk, curb and gutter, in and paid for in 1967. The contrac- tor has charged National City and me for work that he did not do. He only graded the street to our level and put on the black top. In other words 1 am overcharged..." (Some figures included at the bottom of the letter in- dicate that there should be, in their feeling, a correction to the assess- ment in the amount of $116.00, bringing the assessment to $713.24.) Robert Onley, Assessment Engineer for the Assessment District 170 presented the staff report. Mr. Onley displayed a map of the Assessment District which 3/24/70 20 he had numbered Exhibit 170A; the map showed that the improvement of Orange St. is between 20th St. and l8th St. in National City and the district boundary lines approved in the previous baring by this Council; the drawing showed the improvements included grading and paving within the limits of the street, some concrete work; the parcel numbers of each parcel and the amount of the estimated assessment were also indicated. Mr. Onley stated the total assessment for this district is $58,085.11 and this entire cost was spread across the district by prescribed methods, every parcel being assessed according to its estimated benefits. City Attorney McLean asked Mr. Onley to describe how he arrived at the assessment on the individual lots. Mr. Onley stated the individual lots within the district boundary (which is half way to the next thru street) were assessed the grading and the paving as to the area benefit and all concrete work that the lot or parcel of land is adjacent to was assessed to that property. City Attorney McLean asked if anyone was assessed for concrete work where concrete work was, not done in front of their particular parcel of land. Mr. Onley replied they were not. City Attorney McLean asked even if there was no grading done in front of these (Ganoung) properties, was there grading work done in the entire street project which was aced to all the parcels of land within the district. Mr. Onley replied, yes, anybody within the district is assessed according to the estimated benefits from the grading and the paving. City Attorney McLean asked Mr. Onley, if when he makes the assessment he consid- ered only small sections so that the assessment on each lot is only related to a little sliver of street right in front of the lot or did he consider the cost of the street construction as a whole. Mr. Onley replied you con- sider the cost of the street construction as a whole but he tried to see that the work on the right side of the center line was charged to the people on that side of the street and the people on the left side of the center line would be charged for the grading and paving on the left side of the street. City Attorney McLean asked Mr. Onley, in his opinion, is each in- dividual assessment equivalent to the amount of benefit that each parcel re- ceived from this project. Mr. Onley replied he has gone over this district from parcel 1 to parcel 21; he has discussed it with some of the property owners; he has compared it with assessments in other districts and the assessments as we have acquired them from the County Assessor's office and in his opinion, yes, there is no parcel in this district that has been assessed for more than it will benefit from the improvement. City Attorney McLean asked if there was anyone who wanted to present a protest to the Council. Lucetta Ganoung, 1824 Orange St., N.C. was present and stated the Council has her letter; she was protesting the assessment of 1824 Orange and the lot adjacent to it. City Attorney McLean said there was no doubt that the street was excavated and installed according to modern standards as fax as this lady's property in this project. Mr. Onley replied, in this project, yes; but not previously, there is no indication of base in there and we don't do streets anymore without putting base in. Mr. Ignacio Mendez, 2336 lath St., was present re Assessment No. 2 and said he just wants to know if all the assessments are equal, his amount is $363; are all the assessments equal or are they different? Mr. Onley stated these asseEs- ments are all spread, every assessment in the district is paying for an area benefit for grading and paving; and if you have two parcels within any district that are identical in configuration, geographically and with the same situation they will have identical assessments; next to Mr. Mendez we have another parcel that is identical in size, in the same position that has identical assessment to the penny and to answer his question, yes, all the assessments are assessed the Same except when you do find a lot, you will see that some have higher assessments than others, and those are par- cels that are either larger in size or have another condition which, in moni cases will be concrete work. City Attorney McLean asked if the property right next to Mr. Mendez is the same size as his. Mr. Onley said yes. City Attorney McLean asked what the assessment is in dollars as compared to Mr. Mendez's. Mr. Onley replied $363.83, City Attorney McLean asked Mr. Men- dez if that answered his question. Mr. Mendez said yes, now he wants to ask another question; how many times can the city permit lot splits. Mr. Onley said it has nothing to do with the district; it's purely an engineer- ing question; he's asking how many times and how many ways can the lots be split because the lots originally in this block faced on Orange; and then 3/24/70 21 they split the lots so that they now face or 18th St.; then if they split the lots as many times as the State law allows you, that is five, five parcels, then you have to make a subdivision map of it. Mr. Mendez said he knows they want to open Euclid Ave. maybe this year or next year; what can he do after they open Euclid Ave., can he change the lots; instead of look- ing at 18th, they will look at Euclid. City Attorney McLean said that is something Mr. Mendez would have to take up with the Planning Department; this hearing tonight is to decide whether or not the assessments for the street work are proper and if he will come in during the day# to the Planning Department, they can answer his questions about the lot splits. City Attorney McLean asked if there was anyone else who wishes to be heard. Mr. George Albright, 1922 Orange St., Assess. No. 14, was present. Mr. Albright said he didn't believe it was brought out at the briefing they had on this as to the sidewalks, the way they had been off set; south of his property they have been off set about two feet, affording the people to the south of him the benefit of not having their lot cut down; he added also that there are steps built out into the street, he assumes the City agreed to this but he doesn't know; in his place the fence, right at the present it's a chain link fence mounted on ... poured cement and it's approximately two feet above the sidewalk; they've chopped it down to a point where the fence is about ready to fall over; he doesn't know if the City will take care of this or not; the property owner is stuck with it, having to do it; he frank- ly can't build out on City property; so this means the only thing left avail- able to him is to jerk the fence out and dig down and put in a wall below this; he noticed that this has also happened to the Ganoung's property and one other property; he doesn't know what the City plans to do on this. The City Attorney asked Mr. Onley if he could answer the gentleman's question about the two foot off set in the sidwalks. Mr. Onley said yes, the two foot off set does exist in the sidewalk and the curb returns were put in on 20th St.; the sidewalks were running adjacent to the curb on this side of the street which was the north side of Orange Ave.; we determined that on the first piece of property there adjacent to the sidewalk and then jogged back to the legal position which was two feet from the property line. City Attorney McLean asked if Mr. Onley was aware of any sidewalks being built in the public street, any steps; the gentleman said there were steps built in the public right of way. Mr. Onley said his drawings only show the work that was done on this project. The City Attorney asked if the work on this project involvedconstructing steps in the public street. Mr. Onley replied no. No one else was present in this regard. Moved by Hogue, seconded by Camacho, the hearin be closed and the resolution acceptingthisbeprpt- ed to the Council by title onl . Carried by unanimousvote. RESOLUTION NO. 10,063, "RESOLUTION CONFIRMING ASSESSMENT, (Orange Street - 18th St. to 20th St*, Assessment Dist. No. 170) was presented. Moved by Colburn, seconded by Camacho, iIjiltalmtaa. Carried by unanimous vote. THE HEARING ON THE INTENTION TO TACATE AND CLOSE PORTIONS OF Q A,NUE BETWEEN 4TH AND 7TH STREETS was held at this time. The City Clerk reported the certificate of publication and affidavit of posting were on file. Mrs. Stockman read the Planning Commission recommendation of approval, and statc( the closing was City instigated. No one was present in this regard. Moved by Colburn, seconded by Hogue, the hearing be closed and the vacation be referred to the proper authorities for furtherro. Carried by unan- , imous Vote. RESOLUTION NO. 10,064, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO 7ACATE AND CLOSE CERTAIN PORTIONS OF q11 A)ENT.13 3ETWEEN 4TH AND 7TH STREET," was presented. Moved by Camacho, seconded by Colburn, the resolution be read by title only. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Hogue, the Resolution be ad2212A. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: None. Abstaining: Morgan* THE USE DISTRICT HEARING ON THE PROPOSED ZONE CHANGE FROM R-4, MULTIPLE FAMILY RESIDENCE ZOIIE, TO C-3-A, GENERAL COMMERCIAL ZONE, 910 N Avenue was held at this time. The City Clerk reported the certificate of publication 3/24/70 22 was on file. Director of Planning Stockman read the Planning Commission recommendation of approval. 14rs. Martha Smith, 910 N Avenue, was present and stated the zone change was in accord with the General Plan. No one else was present in this regard. Lioved by Camacho, seconded by Colburn, the hearing be closed and it be referred to the proper authorities for pro- cessia Carried by unanimous vote. Moved by Hogue, seconded by Camacho, the meetingbe closed. Carried by unanimous vote. The meeting closed at 8:35 p.m. City Clerk Cit/ of National City Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of April 7, 1970. No corrections Correction as noted below. 46/ Ma National City, California 3/24/70 24 AFFIDAVIT OF MAILING NOTICE OF SPECIAL MEETING STATE OF CALIFORNIA ) ) ss IONE MINOGUE, being first duly sworn, deposes and says that during all of the time herein mentioned she was and now is the duly qualified City Clerk of the City of National City, County of San Diego, State of California. That on the 27th day of March 1970 , pursuant to the provisions of Sec. 54956, Government Code, Notice of the Special Meeting of the City Council of the City of National City, at 4:30 p.m., Tuesday, March 31, 1970, in the City Council Chambers at 1243 National Avenue, National City (Copy of which is attached) was mailed to the following: San Diego Union 555 H Street Chula Vista, Calif. 92010 National City Star -News P. O. Box "B" National City, Calif. 92050 Channel 6 TV 1430 7th Street San Diego, Calif. KOGO TV Channel 10 Hwy. 94 at 47th St. San Diego, Calif. KOGO Radio Hwy. 94 at 47th St. San Diego, Calif. Dated: March 27, 1970 Subscribed to and sworn to before me this 27th day of March , 1970. Evening Tribune 555 H Street Chula Vista, Calif. 92010 The Independent 384 West Market Street San Diego, Calif. 92101 Channel 8 TV 1405 5th Street San Diego, Calif. KFMB Radio 1405 5th Street San Diego, Calif. Ions Minogue, City Maud F. Smith, Notary Public in and for said County and State OFFICIAL SEAL MAUD F. SMITH NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN COUNTY OF SAN DIEGO My Commission Expires May 14, 1971 OFFICE OF THE MAYOR THE CITY OF NATIONAL CITY NATIONAL CITY, CALIFORNIA j 92050 March 27, 1970 NOTICE OF CALLING SPECIAL MEETING OF THE CITY COUNCIL OF NATIONAL CITY I, Kile Morgan, Mayor of the City of National City hereby call a special meeting of the City Council of the City of National City. I will convene said special meeting at 4:30 P.M., Tuesday, March 31, 1970, in the Council Chambers, National City Civic Center, 1243 National Avenue, National City, California. The business to be transacted at said special meeting is the consideration of increasing the salary of the Mayor of National City, and the presentation by first reading of an ordinance to raise the salary of the Mayor of National City to an amount higher than now paid. cc: All News Media KILE MORGAN Mayor 23 t AFFIDAVIT OF SERVICE OF NOTICE OF SPECIAL MEETING STATE OF CALIFORNIA) ) COUNTY OF SAN DIEGO) SS Raymond R. Duke , being duly sworn, deposes and says that at the time and on the date indicated he personally delivered to the following members of the City Council of the City of National City notices of the Special Meeting of the City Council in the City Council Chambers, 1243 National Avenue, 4:30 p.m., Tuesday, March 31, 1970 (a copy of which is attached): Name Kile Morgan, Mayor Date Time (Letter of notice signed by Mayor) Luther G. (Joe) Reid, Vice Mayor i/;‘/Agi- JA0e, At-1,te,'/c J. Louis Camacho, Councilman Howard S. Colburn, Jr., Councilman William H. Hogue, Councilman /lam / pre STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGD) On ,March 30. 1970 before me the undersigned, a Notary Public in and for the City and State, personally appeared Raymond R. Duke known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. (Seal) c Ione inogue, City Cle City of National City Calif. OFFICE OF THE MAYOR THE CITY OF NATIONAL CITY NATIONAL CITY, CALIFORNIA 92050 March 27, 1970 NOTICE OF CALLING SPECIAL MEETING OF THE CITY COUNCIL OF NATIONAL CITY I, Kile Morgan, Mayor of the City of National City hereby call a special meeting of the City Council of the City of National City. I will convene said special meeting at 4:30 P.M., Tuesday, March 31, 1970, in the Council Chambers, National City Civic Center, 1243 National Avenue, National City, California. The business to be transacted at said special meeting is the consideration of increasing the salary of the Mayor of National City, and the presentation by first reading of an ordinance to raise the salary of the Mayor of National City to an amount higher than now paid. cc: All News Media KILE MORGAN Mayor