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HomeMy WebLinkAbout1969 11-18 CC MIN209 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 13, 1e6y The regular meeting of the City Council cf 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: uourciar, Foster, McLean, t"inca',e, Civil Engineer Associate Onley, Osburn, Stockman. SALUTE TO FLAG AND INVOCATIoi The meeting was opened with salute to the Flag led by City Manager Osborn followed with invocation by the Rev. Leroy C. Westbrook, First Baptist Church. APPROVAL OF MINUTES Moved by Camacno, seconded by Colburn, the minutes of the adjourned meeting of November 10, 1969 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN COL3URN asked the councilmen and Mayor to notify him if they would be present at any of the Pop Warner 2nd Annual Bowl Games to assist in passing out the awards. COUNCILMAN) CCL3URN said the South Bay ?op Warner Football Association has no fence around their field but expect to have one up next year which will enable them to be financially self-sustaining; they are requesting funds from the City; they have about a $750.00 budget and need $500.00 for the completion of the arrangements (trophies, etc.). Moved by Hogue, seconded by Camacho, if Mr. Osburn feels we have the money, I would move at this time if this is to be a continuing thing here, that this might be something we could use our new facilities we are building for to put on future ball games and I move in favor of giving them the $50C.00 to keep this activity going. Carried by unanimous vote. MAYOR MORGAN said he would like to appoint Henry Empeno and Sandra Large honorary members of the Planning Commission, Fion Hogue honorary member of the Park & Recreation Advisory Board and Norma Mendoza honorary member of the Civil Service Commission for the remainder of the 19699-70 school year. Moved by Camacno, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR MORGAN said the City has uroan renewal in progress but there is a neignoorhood aevelopment plan where the government will put in the streets and up -date all of the area designated and asked the City Manager if he had given thought to anything like this. City Manager Osburn said they have some information en it but he could give them more information on it next week. Councilma❑ Hogue asked it be printed and given to them separately. ORAL COMMUNICATIONS CHARLES MICONE, 440 i'laza 3oulevard, was present regarding the moving cf utility poles on Plaza Pculevard; he tried to find out the restrictions (height, etc.) from the Building Department and also saw Mrs. Stockman; the decision was made on the widening of the street and moving the poles so close to property lines but no one seems to know about the restrictions re- garding the high voltage wires; in the event of a major catastrophe, such as an earthquake, he would ne on record that the lines should have gone underground. 11/18/6> 210 ADOPTION OF RESOLUTIONS Moved oy Hogue, seconded oy Reici, tie resolutions be read by title. Carried by unanimous vote. RESOLLTTION NO. 774, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Joe 3. Stetson - Euclid Slope)." Moved by Reid, seconded by Colburn, the reso- lution be adopted. Carried by unanimous vote. RESOLUTION NC. 9975, "RESOLUTION COMMENDING SOUTH 3AY HISTORICAL SOCIETY FOR PRESERVATION OF GRANGER HALL." Moved by Colburn, seconded by Reid, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 576, "RESOLUTION GI`TING NOTICE OF PROPOSED ANNEXATION TO THE CITY CF NATIOi•IAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AID DESIGNATED ' iKOENI G ANNEXATION NO. 2' AND GI7I NG NOTICE 03 TIME AND ?LACE FOR HEARING OF PROTESTS THERETO." Moved by Camacho, seconded by Colburn, the resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 977, "RESOLUTION AMENDING RESOLtrTION NO. % 27 GRANTING A RESIDENTIAL ?LAIINED DEVELOPMENT PERIMMIT TG F. L. WHITTINGTON." Moved by Reid, seconded by Hogde, the resolution be adopted. City Attorney McLean said now he wanted to know if they wanted to remove the reference tc "Age 50" or strike the whole paragraph (Sec. 2a). Moved by Morgan, seconded by Camachc, the motion be amended to eliminate the "50 years old" in this part of the Planning Commission recommendation. Amendment carried by unanimous vote. Motion carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1233, "AN ORDINANCE OF THE COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REDEVELOPMENT PLAN AND T-iE FEASIBILITY CF RELOCATION FOR THE E. J. CHRIST iANV BUSINrSS AND INDUSTRIAL PARK PROJECT I, CALIF. R-127," was presented. Moved by Colburn, seconded by Camacho, the ordinance be read by title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Hogue, the ordinance be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - Ho report. APPROVAL CF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Capital Outlay Park Gas Tax 2106 Gas Tax 2107 Special Street Drainage Sewer Civic Center Moved by Hogue, seconded following vote, to -wit: Nays: None. Total were presented: $11,5,,4.70 1,561.28 33,795.60 572.11 4,503.53 947.68 8,000.00 2.10 1,133.53 3,205.08 $65,419.71 by Colburn, these bills be paid. Carried by the Ayes: Camacho, Colburn, Hogue, Reid., Morgan. REFERRALS The report of the DIRECTOR OF PLANNING on horses stabled in National City, including those not qualified under City ordinance, and a survey of require- ments of various San Diego County cities, was presented. Director of Planning Stockman recommended the report be furnished to the Planning Com- mission with each location to be individually acted upon by the Planning Commission on its own merits and a decision made, nc leniency be made in any revision to the ordinance other than that the Planning Commission might 11/18/69 211 take under consideration amending that the Planning Commission or City Council could grant the right for anyone to keep two horses on 20,000 sq. ft.. if circumstances were such. Moved by Colburn, seconded by Camacho, the City Planner's recommendation be approved. Councilman Colburn suggested any re- vision of the ordinance provide for a permit for horses so the City would be aware of where the horses were and could check with them before they were established. Carried by unanimous vote. NEW BUSINESS CITY ATTORNEY MCLEAN said Attorney William O. Hogan was present to request Agenda Item 11 under New Business (Communication from Wm. 0. Hogan, Attorney, regarding refusal of National City Police Dept. to renew the cab driver's permit of Norman Irving Herth) be laid over. Moved by Hogue, seconded by Reid, this be brought up at this time. Carried by unanimous vote. William O. Hogan, Attorney, San Diego, was present and said he would request a week as they wanted to check the records at the Police Station personally. Moved by Colburn, seconded by Hogue, Item 11 for William O. Hogan, Attorney, be laid over until the next regular Council meeting. Carried by unanimous vote. The result of the opening of sealed bids for ten police vehicles (Certificate of Publication and Affidavit of Posting on file. Police Chief Cagle's recommendation the low bid of Colonial Ford be accepted.), were presented. Bids received: (Total to the City) Stanley Dodge-Simca, Inc., $23,236.29; Carl Burger Dodge, $23,018.20; Lamb Chevrolet, $21,946.90; McCune Motors, $20,454.00; Colonial Ford, $18,240.53. City Manager Osburn reported six bids were received and recommended the low bid of Colonial Ford be accepted. Moved by Camacho, seconded by Reid, the recommendations of the City Manager and Police Chief be approved. Carried by unanimous vote. HEARING The CONTINUED ASSESSMENT HEARING OF THE 1911 ACT IMPROVEMENT OF I, J, L, 20th, 22nd, 24th STREETS, ASSESSMENT DISTRICT NO. 153 was held at this time. City Clerk Minogue stated a communication from Stone & Youngberg, Assignee of T. B. Penick & Co., stating in their opinion the assessment has been spread in a proper manner and a recommendation from the City Attorney the assessment be confirmed were attached to the Agenda. Civil Engineer Associate Onley stated there was an approximate 10% protest. Walter Mackey, 2014 K Avenue, was present and said he understood it was to be reassessed; does the Council have a Code of Ethics ok a law which governs it; from the things he heard this week he was ashamed of them; there are people who have tried to get hold of the Council but were given the run-around; people asked them to read information on the 1911 Act but they didn't have time; another person he knows has been here three days this week and has been told in a sense we are wasting our time; we have talked of getting a lawyer and taking this to court and he was told we were wasting our money; he thought it was so cut and dried that it was pathetic. Mrs. Ellen Gottschall, 2019 J Avenue, was present and said in forming a 1911 Act District in the way this one was formed by going around a corner and assessing the people exactly the same as people on the street whereby she pays 40% and Mr. Mackey will pay 50% for his side and neither of them face the improvement; it is a sure way of having a district approved because there will be no protest for the people receiv- ing the improvement will be delighted; it is not legal; it is certainly ar- bitrary and is not constitutional; our first protest was to withdraw from the district and was 89%; to assess people not facing the improvement the 1911 Act says it must be of more than local or ordinary public benefit; the street that was improved is three blocks and deadends on both ends; Mrs. Gottschall went to a map and pointed out various assessments on the map; she said when the improvement went to bid it was quite a bit under that which was estimated and consequently thought their assessment would be quite a bit less but Mr. Mackey's went up from $459.00 to $493.00. Moved by Hogue, seconded by Camacho, the hearing be closed and since this is the way they have been doing it all along he moved the assessment be confirmed. Motion carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: None. Abstaining: Reid. Councilman Hogue said he hoped someone would challenge this method in the courts. 11/18/69 212 RESOLUTIONNC. .78, ''RESCLUTIOii C^;L I.Zial:._ ASS'SSi:E T ('I', 'Je �L� 21th v f , 22nd, 24th Streets, Assessment District Mo. 173)," was presented. Moved by Hogue, seconded by Camacho, the resolution be rear ny title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Colburn, the resolution be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. flays: hone. Abstaining: Reid. NEW BUSINESS (Continued) A communication from the CIT`_' MANAGER regarding a meeting with representa- tives of the San Diego Chargers relative to a lease of proposed facilities, was presented. City Manager Osharn said lice Mayor Reid, Councilman Colburn, the City Attorney and he were appointed to meet with the Chargers; the Chargers are willing to pay for the facilities put in for them over a l- year period; this relates only to the sections of the building they would be using in their operations; they would use the field from July 1 to September in spring training; this would be one training period and when the reyl_lar season started they would go into another training period that would last until the season was over in early January; these two parts of the season would have to be separated unless there is a motel in the area that could furnish them o0 rooms and facilities for feeding that many people for a period of 50 days; they would be unable tc do their spring training here until the motel is established; if the Council wishes to proceed with this, they should authorize the City Manager to contact the County regarding a joint powers agreement, employ O'Helveny & Myers to write a Joint Powers Agreement, employ Stone & Youngberg as bond consultants, employ architects for the project; once they determine they can get the money they can start purchasing the land. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved that this project be undertaken by the City of National City per steps outlined. City ,vianaaer Csburn saic there are many unknown costs in it; they feel $y00,000.00 to $;r0,000.00 would be suffic- ient; they applied for matching funds for the purchase of this land; he has a letter from the Federal Government that they will match up to $307,000.00 providin_ the project is approved; once they acquire the site they hoped to put in another application for matching funds on the development as they have in 21 •cycn; the $250,000.00 Would oe without matching funds and they would only have to sell so many bends if they get the matching funds. Moved by Morgan, seconded by Reid, the motion be attended that they get a recommen- dation from the City Manager and go to the ballot in approving the Charger's training camp. Mrs. Mary Chambers, 1313 S. 18th Street, was r)resent and in- quired how much money the Charger's would bring into National City. City Manager Osourn saic. this was difficult tc determine; they have letters from two public relation firms who say the value is tremendous but wouldn't attempt to put a dollar value on it. Amendment to the motion failed by the following vote, tc-wit: Ayes: Reid, Morgan. Nays: Camacho, Colb;.rn, Hogue. Motion to approve the City Manager's recommendation carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Morgan. Aostaining: Reid. A communication from the DIRECTOR OF i'ARIS & :<ECREATICN regarding the con- dition of the Community Building and suggesting procedures to follow, was presented. City Manager Osburn stated he has talked to the lady concerned and she is willing to pay the money but would like to have time to pay it; if the Council desires to handle it this way, the Public Works Director estimated it would cost $104.00 to clean up the floors and the area around the building; she would be billed for this. Moved by Hogue, seconded by Reid, we allow this lady tc pay the damages tc the hall over a period of time. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: Camacho. A communication from the DIRECTOR Or PARKS & RECREATICN proposing the Munic- ipal Pool be stocked with trout and opened for controlled. fishing from Thanksgiving school vacation until the end of the Christmas holidays, was presented. Moved by Hogue, seconded by Reid, the request oe denied. Motion failed by the following vote, to -wit: Ayes: Hogue, Reid. hays: Camacho, Colburn, Morgan. PM:oved by Colburn, seconded by Dorgan, the request be 11_/18/3 213 1rantec under the cot iicns we get a trial peric•^ and a f.11 report. i4ot'o., carried by the following vote, to -wit: Ayes: Camachc, Colburn, Morgan. Nays: Hogue, Reid. A communication from JAMES W. 3I17J, A.Z.A. 3L. D, FUJIM:OTC & FISH, ARCHITECTS, regarding alterations and additions to the Library, was presenter. City Manager Osburn stated of the four items in the letter some are costs and some are credits; these items plus the $150.00 they voted on some time ago to run the feeder cables into the box will leave a credit of $180.45. Cicved by Colbrn, seconded by Hogue, the report by James W. 3ird be approved in- clading the $1E0.00 not listed. Carried by unanimous vote. A communication from the CITY ENGINEER stating final plans and estimate for the Paradise 7alie; Read improvement were received (National Oity's estimated snare - $2:,100.00), was presented. Ordered file: by unanimous vote. A communication from JAi;ES F. A E TSON stating the street improvement in progress on Pleasant Lane will work a hardship co him by eliminating three parsing spaces new being used as off street parking and suggesting a con- tinuous apron and City approval to use an area less than 1E' in depth tc solve time problem, and a report cf the Associate planner, approved by the Director of Planning and City Engineer, stating the only alternative Pr. Albertson has is to provide pareing in the street, were presented. Moved by Camacho, seconded ay Reid, the Planner's recommendation be approved. Carried by unanimous vote. A communication fran the AMERICAN AYCNO3ILE ASSOCIATION stating a Pedes- trian Safety Citation will be awarder to the City in recognition of two con- secutive years of no pedestrian deaths, was presented. Ordered file::. by unanimous vote. A communication from COUNTY SUPER11SCR :HARRY F. SCNSIDLE regarding activity stemming frcm the Warner Springs Conference relative tc the fut.;re of San Diego County and, how best local government can be prepared for the '70s, was presented. Ordered filer:: by unanimous vote. Applications for alcoholic beverage licenses: (a) person to person transfer (dropping partner) off sale Deer and wine license by THE SCUTH.'.A.D CCRPORA- TIOii, D3A 7-ELE7E:i STORE ilO. 470-011, 702 Highland Avenue; (b) Original application of on -sale Deer and wine license, bona fide public eating place, by HECTOR C. & :aJZUc Y. F LORES, D3A FUJI-YA, 1532 Highland Avenue; (c) Person to person transfer of on sale general, bona fide public eating place, ay D. J. T. C. CORPORATION (President and Director, Patricia h. "Jan Hoy; Secretary -Treasurer & Director, Donald J. 7an Noy; Director, Robert F. 7a: Noy), D3A TRC?:IY LANES, 7.,S National Avenue, were presented. I:cvet by Col - burn, seconded by Camac_zo, all three of these reports be filed. Carried by the following vote, tc-wit: Ayes: Camachc, Cclburu, Hogue, Reid. Nays: i' organ. A coniaunicaticn frog the ZEOR3ANIZED CHURCH OF JaSUS C=?RIST arz LATTER DA`Y SAINTS reqesting a no fee permit tc hold a yard sale at 1004 D Avenue November 22, 1'.5:, 7:00 a.m. - 4:00 p.m., report of the 3usiness License Clerk and recommendation of the License Collector the request be granted, were presented. Moved by Camachc, seconder by Reid, this request be grant- ed. Carried by unanimous vote. Step increases for eligible employees, approved by department heads and City Manager: Olga 3arajas and Anna 3arrer, Finance Department; Leonard H. Wender, Public Works; Charles L. La rave, Fire Department; Evelyn Robertson, Police Department, were presented. Moved by Reid, seconded by Colburn, this be approved. Carried by unanimous vote. The minutes of the TRAFFIC SAFETY COMMITTEE meeting of November 12, 1g59, were presented. Orderer filed by unanimous vote. 11/13/6 214 A communication from the CITY MANAGE:i filing five items with the City Clerk (No Council Action Necessary): (1) Correspondence regarding Dynaero, Inc., Helicopter Company, covered by liability insurance on helicopters N880SF and NS45SF. Name of Insurance Company: Robson and Cavignac, Suite 1035, Bank of America Building, San Diego, California; (2) Certificate of Insur- ance from National Automobile and Casualty Insurance Company, Los Angeles, California, Policy Nos. 303LA23..33 and 22C705713 covering John I. Wilhelm and Tom J. Allen, 5;62 Avenida Chamnez, La Jolla, California, Contractors doing business in the City of national City; (3) Letter from San Diego County Water Authority dated November 3, 1;5> enclosing tabulations showing changes in quantity of water stored in the San Vicente Reservoir as of October 31, ly3S, and average monthly water deliveries in c.f.s. by Authority to member agencies for fiscal year 13s-70 through October 31, 1g5;; (4) Certificate of Insurance from Parks & Company, 3530 5th Avenue, San Diego, California, covering William L. Sale, dba Radio Cab Company, 2504 "C" Street, San Diego, California; (5) Renewal Policy from Transport Underwriters Association, 3670 Wilshire Boulevard, Los Angeles, California, covering Western Gillette, Inc. & C. & T. Corporation, located at 136 W. 30th Street, National City, Policy No. CL 83 4 45, was presented. REPORTS CITY MANAGER OS3URN reported the Park & Recreation Advisory 3oard met last night and recommended the approval of controlled fishing in the pool and the purchase of a tree mover ($13,500.00, plus tax); Mr. Maley feels they would have no problem renting the machine to other cities with an operator. The City Manager recommended they buy the machine if they pursue the tree pro- gram. Moved by Hogue, the request be denied. motion died for lack of second. moved by Colburn, seconded by Morgan, this item be referred to the City Manager and put on the Agenda next week and he accompany it with a re- port with the attitude of other cities regarding a project of this nature. Carried by unanimous vote. CITY MANAGER C53URi3 saia bids on the Annual Report were sent to the Star - News, The Independent, the South Bay Press, and Eaton Frinting; the only bid received was the Star -News fcr $3,000.00 (11,000 copies to be distribu- ted to the people in National City and 1,000 to be furnished to the City); he recommended they accept this bid. Moved by Hogue, the City Manager's recommendation be approved. notion died for lack of second. Councilman Colburn asked that Council consider extending the time limit; the reason being to receive another bid, the quality of which would be greater and far more attractive than the ones in the past; the cost tc be less than $3,000.00; if they could upgrade the quality and appearance of the report and lower the cost it would behoove theta to extent: the period of time until this bid came in. moved by Colburn, seconded by Hogue, this item be referr- ed to the Agenda next week. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid., Morgan. City Manager Csburn asked the City Attorney if they would run into any problems by extending the deadlines on the bids. City Attorney McLean replied he did not think they had a truly legal bid; they solicited proposals and if that's the case you can wait and consider cther proposals. CITY MANAGER OS3JRid reported receipt of a letter from Mrs. Incoccia, 1215 Harbison Avenue, regarding the wall in front of her property; she was under the impression it was to be 5'4" at the highest point and 4'S" at the lowest point; they will need one other course of blocks on top of the wall to com- ply with this proposed promise she was made; the person who talked to her and set up the specs was ill today; he requested permission to hold this; if he agrees he did agree tc give her the high wall, we authorize the ex- penditure of about $25.03 from the Special Street Fund to prepare the wall as she was tole it world be. &loved by Hogue, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. Council- man Colburn said some cf our City employees have many talents and inquired if they had an employee who could do certain work the City is obligated to do, can these employees (it might not be under their departments) be hired to work off -duty hours to do a project that was engineered by the City and 11/18/6; 215 be paid as extra money. The City Attorney can bring the answer later; as an example, if there is a City employee who has the ability to put up walls - could he be hired to put up walls. CITY MANAGER CS3URN said the golf pro was in the audience tonight; in regard to the purchase cf the land, the man from the redevelopment project is work- ing on that land and he has contacted all the people; one of them is with an attorney who has another case now; they should have something for the Council on the golf course in the not tco distant future. CITY CLERK MINOGUE reported receipt of a communication from ANTHONY PINGITCT?E, 1832 Rachael Avenue, requesting to be included in the Rachael Avenue improve- ment. Mayor Morgan said he had a call from this lady; she couldn't attend the meeting tonight; he inquired if they could get a 1911 Act or could the City Manager bring back a report on it. City Manager Osburn stated they would check into it; he would contact San Diego to see why they didn't in- clude her. CITY CLERIC MINOGUE reported receipt of Decision i'c. 76394 before the Public Utilities Commission of the State cf California, Investigation on the Commission's own motion into the Tariff Schedules, Rates, Rules, Charges, Operations, rractices, Contracts, Services and Aesthetics and. Economics of Facilities of all Electric and Communication Public Utilities in the State cf California (undergrounding), Case No. 820S, and dissenting opinions of A. W. Gatov, Commissioner, which was on file. CITY CLERK I4INOGUE reported receipt of a Notice of Public Hearing November 25, 1969, S:30 a.m., Room 353, County Administration Center, 1600 ?acific Highway, for the purpose of considering the proposed changes in the Rules and Regulations of County Air Pollution Control District (add exception to Rule 57 which allows burning cf brush in course of construction operations), which was on file. CITY CLERK MINOGUE reported receipt of San Diego County Property ;valuations, Tax Rates, Useful Information for Taxpayers for the 1S59-1970 Fiscal Year Ending June 30, 1970, which was on file. The CITY TREASURER-FIi'AiCE DIRECTOR'S monthly financial statement dated October 31, 1969, was presented. Ordered filed by unanimous vote. COUNCILMAN COL3JRi•I reported receipt of a copy of a report to the City Manager from the City Clerk in regard to invocation. Councilman Colburn asked if he recommended the invitation to the Ministerial Association be through the Mayor's office. City Manager Osburn said through the Mayor's secretary rather than the City Clerk. Moved. by Colburn, seconded by Hogue, this report be filed and the City Manager's recommendation be approved. Carried by unanimous vote. Moved by Hogue, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:30 p.m. City Clerk City of National City ' Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of November 25, 1969. IX1 No corrections Correction as noted belovl. Mayo 'f iational City, California 11/18/6S