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HomeMy WebLinkAbout1969 02-18 CC MIN259 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 18, 196') The regular meeting of the City Council of the City of National City was call- ed to order at 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Foster, McLean, Minogue, Osburn, Parks, Stockman, Watts. The meeting was opened with salute to the Flag led by City Manager Osburn fol- lowed with invocation by the Reverend Faye B. Brice, Faith Gospel Chapel. Moved by Colburn, seconded by Camacho, the minutes of the regular meeting of February 11, 1969 be approved. Carried by unanimous vote. VICE MAYOR HOGUE stated the County Art Society was interested in bringing their art show to National City; he was concerned about the use of the Civic Center as a center for displaying the art as it may be a type of art display that could be disputed as to whether or not it was art or if it was morally acceptable; three beautiful buildings in the City would make excellent exhibit halls: the Kimball Building, Library and the El Toyon Building; they should think about this and determine if they wanted to make an exhibit hall out of the Civic Center beyond the show cases provided. VICE MAYOR HOGUE stated the condemnation of the water company was intended for the betterment of the citizens of the community; yet they have put property owners in jeopardy; as he understood it, if a property owner wanted to develop his lot he would have to pay the water company 100 a square foot for the flume rights owned by them; part of the responsibility was the City's to take up the battle, although the City Attorney told them they had no right to participate in this. The Vice Mayor asked the City Manager to report to the City Council whether or not the City owns property where flume rights are owned by the water company; if the City wanted to challenge the water company, they could do so rather than a private citizen. Councilman Colburn inquired if it was correct flume rights were not on all property in the City. The City Attorney replied the deed that created the easements applied to all of Rancho de la Nacion as it existed when the deed was written; he could not tell them tonight whether or not some particular lot in National City was within Rancho de la Nacion although it probably was. Councilman Colburn said what he meant was these flume rights were not where flumes existed at one time but were just rights to transport water across the properties. City Attorney McLean said Councilman Colburn "hit the nail on the head;" there was a question as to whether or not the easements were any good; in his opinion they were not. Councilman Colburn inquired if the water company had actually charged someone. The City Attorney replied they were purporting to charge someone now; he had not received a last minute report on it but was told Mr. Gersten (apartment house developer) sought the release of the easement rights at no cost (as in the past) and was told they proposed to charge 100 per square foot to release those rights; Mr. Gersten went to a meeting of the directors of the South Bay Irrigation District and complained; the attorney representing the South Bay Irrigation District had not been contacted by Mr. Gersten as of last week. The City Attorney said the easement talks about "flumes" and "aqueducts" and there has been some litigation about what those words meant; when it was be- fore the court it wasn't an issue and the Judge who heard the case said he wasn't going to decide if a pipe line in the ground could be called an aque- duct. Moved by Colburn, seconded by Camacho, the City Attorney be directed to bring a report as to what ways and means he couldjo about checking into this unless he could go about checking into it without any further direction from the Council. Councilman Colburn said what he was trying to authorize was if the City Attorney feels he needs additional authority to go to a judge or any- thing to protect the citizenry; if he can handle this without further direc- tion, that would be fine but if he needs anything further, he could report to Council where they could make a further decision at that time. Carried by unanimous vote. 2/18/69 260 RESOLUTION NO. 9756, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECIFI- CATIONS AND ESTIMATES (F Avenue from 24th Street to 28th Street and 26th Street from D Avenue to F Avenue)," was presented. Moved by Colburn, seconded by Hogue, the resolution be read by title. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9757, "RESOLUTION REQUESTING SMOKE CONTAINMENT OR MOVING OF THE NAVY FIRE FIGHTERS SCHOOL," was read. Moved by Colburn, seconded by Camacho, the Resolution be adopted. Councilman Colburn stated the resolution does not set a time limit but there was a question as to Council's authority to control any smoke problem until 1970 (because of the Countyts new ordinance which gives any present business until January 1970 to conform); the resolution had value as the Navy was not considered in the County's ordinance. Councilman Reid in- quired who would receive copies of the resolution. Mayor Morgan replied Coun- cilman Camacho should take 90 - 100 copies of the resolution to Washington when he goes; he could hand this to all of the Armed Forces Committees of the House and the Senate; there are 86 people who should have a copy. Moved by Hogue, seconded by Camacho, the motion be amended: the resolution include that by January 1, 1970 the Navy comply the same as all the other businesses in our City. Councilman Reid stated he would not vote to tell the government what they are to do by a certain date. Vice Mayor Hogue said he was advised the County had contacted the foundry and although they have made positive moves to eliminate their problem the County would not say the problem had been eliminated; he was told there was nothing that could be done by the County until 1970 and then if the preventive measures taken by these people were not successful, the County could step in to eliminate these problems; what he was trying to get across was that he was not trying to set a date on the United States Navy but they were no different from any business in the community. Mayor Morgan stated the Federal budget was not adopted any sooner than June or July; it was useless to put a date because 1970 would be a very short time. Amendment to the motion carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: Reid. Motion to adopt the resolution carried by the following vote, to -wit: Ayes: Camachc, Colburn, Hogue, Morgan. Nays: Reid. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $54,577.48 Traffic Safety 2,993.44 Library 68.40 Park 1,546.73 Retirement 16,815.57 Sewer 5,942.73 Civic Center 234.26 Total $82,178.61 Moved by Camacho, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: None. Abstaining: Reid. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amound of $81,057.16 was pre- sented. Moved by Colburn, seconded by Hogue, the payroll be approved and war- rants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN presented his recommendation in regard to proposed one day fees for search lights; it appears our ordinance compares favorably with the other cities in the area: Chula Vista charges $25.00 basic license fee, plus $6.00 per employee per year; La Mesa $25.00 per year; San Diego $120.00 per year; Coronado $10.00 per day; however, if the Council desired to change this section of the ordinance he would recommend a fee be set as for the City of Coronado at $10.00 per day. Moved by Hogue, the fee be set as per the City of Coronado at $10.00 per day. Motion died for lack of second. Moved by Reid, 2/18/69 0 3Ae, Ao oao�%(3? 1. 6w P. 6 04 rA br Ay SP ?94 `)%.aora 3y:9b'vrGrArG.�sAro 4 • CNGNw6°aGAy y 1.o y H 0 6 0 0 o r 4 w e r ,06 A d o e+ . �+ 1 0ki' 0 � A1'aro •ae"roor?•� 6 a 6 9. o y� r e' 6'eo s A Cle' •� V� A •• ? 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N• 0 d f a 0 9 Y' Y• a r 0, 9 G 0 0 O R r r` rt` O A P J P °r V. �i'' YO Pa yR N CI'. a y 6P 2 r r+ N y"` P° a 9 c o R0 0 sG % o r.. 9 y �� r �� s r r 0, r 6 0 0 s 0 0 O p� 6 r o Y' 6, o A ' 6 ® oAy fs`� y Y0:41;;(0%.:'W a �o R N0 R9 t G� r0 Fl • OG 0 9 P M1a r R 'f•0 a or`'S,'SRPnYPRRy r GN o Y P o a Y• s 9 r 6 O r< a s N• �O P P O As r s N' 6• r E r r P t R 0 9 p R d y r s Y' O 6 0 6 o f' 9 P r r 9° P G 0 0 P O Y. P Y. R Y. G P O y 0 •P • y R co co O 0 a s R a G. r r" y N R N' r ¢+ G r r s r` Y o s•r r 6 t o O r r . 0. Y o P Y' •G r` i �• Y' a Y0 1.. 00 6 s P o0 a a s R Y• 0 •ep a y•G r R A o y r 0' o O 3 Y O 3�, r G Y 0 9 0� t, 4 o y a.ip� �Ys Y,r P O N Raio CPa o (00 4 0 4R Pa6,^a flst@ y6;1s N:G . y e a 0 N, 0. 6S7 . * 9 o GC%0 .0 030 R (0�t'$ 0 a P rgY ,@ °v'n c.r a 253 seconded by Camacho, the City Manager's recommendatioa be approved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Mays: Morgan. A communication from the COUNTY OF SAN DI; C ID regard to gasoline award to the Standard Cil Company, was presented. City Manager Osburn recommended it be approved. Moved by Hogue, seconded by Rei, the recommendation from the County be approved. Carried by unanimous vcte. A communication from the CITY OF STANTON e:nccsing their Resolution No. 795 requesting initiation of new legislation to revise or amend existing inequities in the State of Califcrnia pertaining to assessing a7S taxing of real property and urging Council support, was presented. Moved by Rogue, seconded by Col - burn, a similar resolution be adopted by the Council. Councilman Colburn in- quired if the motion passed, would the resolution be distributed to all of our local representatives. Mayor Morgan replied he would not want them sent ever all the state; just the local representatives. Carried by unanimous vote. A communication from the PORT OF SAN DIEGG in regard to Star News "South Bay Progress Edition" scheduled for publication March 13th, was presented. City Manager Osburn said the price was: $945.00 for a full page; $478.00 for one- half page; $239.00 for one-fourth page; $11S.50 for one -eighth page; this would be distributed to 47,000 homes and businesses in the South Bay area. Moved by Hogue, seconded by Colburn, the reco.est be denied. lice Mayor Hogue said this would,-;ust be in the Star News which woi+1c just be in this area; if this would sell the Port all the way through California, etc. he would be in favor of it but he was not in favor of just reminding the people in this area we do have a port and it was being developed; they should request national ad- vertisement rather than local. Motion to deny the request carried by the fol- lowing vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid. Abstain- ing: Morgan. Councilman Colburn thanked the Council for the way they voted and said it was about time they stopped pamperin; the Star News. A communication from LIBRARIAN CARLIE MEYER stating the Library Board of Trus- tees recommends part time workers be paid $1.7E per hour and the City Manager's recommendation the Library Page salary be $1.75 per incur effective March 1st, were presented. Moved by Hogue, seconded by Colburn, the City Manager's rec- ommendation be approved. Carried by unanimous vote. A communication from DAL WIDIC;C, CHAIRMAN, SALUTE TC NAIY WEE{ COMMITTEE, re- questing clearance for radio station s(SON to place their mobile unit in Kim- ball Park October 2S - 29, was presented. Moved by Colburn, seconded by Reid, the request be granted. Carried by unanimous vote. Approval of step increases for eligible employees, all approved by the depart- ment heads and Ci•Zy Manager: Ida Mae H. Kerr, City Treasurer -Finance Director; Jeffrey Albright, Fire Department; Charles E. Curley, 3uilding Department; Lanny J. Jacquot, Police Department; Nancy Marsteller, City Clerk's Office; Kathryn Warburton, Library, were presented. Moved by Colburn, seconded by Reid, all of the step increases .listed be approved. Carried by unanimous vote. A communication from the CITY MANAGER filing six items with the City Clerk: (No Council Action Necessary), was presented: (1) Minutes of the regular meeting of the Board of Directcrs, San Diego County Water Authority, dated January S, 1969; (2) Letter from the San Diego County Water Authority, dated February 7, 1969, listing committee meetings scheduled; (3) Permit Performance Bond No. 7102558 from Leatherby Insurance Service, Inc., 1400 N. Harbor Boulevard, Fullerton, California, covering C. E. Rogers Masonry & Concrete Contractors, 7970 Othello Street, San Diego, California, for job address at 1Sth & Highland, National City, California; (4) Certificate of Insurance from St. Paul Fire and Marine Insurance Company covering Mission Cable TV, Inc., Policy No. 668NA2375, effective 1/1/69 to 1/1/72; (5) Relocation Permit Bond No. 1553462 from The Travelers Indemnity Company, Hartford, Connecticut, covering Santiago E. Ara- gon in regard to moving a house from 2304 Grove Street to 2422 M Avenue, Nation- al City; (6) Relocation Permit 3ond No. 1553373 from The Travelers Indemnity Company, Hartford, Connecticut, ccvering Jay Ca:ablin in regard to relocating a 2/16/6y 254 house at 2210 S. 22nd Street, National City, California. CITY MANAGER OSBURId reported receipt of a request for an overwidth driveway at 1101-1103-1105-1107-1104 E. th Street; this request was brought up last week; it is basically for a 34' driveway on <: Avenue and a 16' driveway on 9th Street in conjunction with the development of a 5-unit apartment struc- ture to be known as the same addresses, northeast corner of 9th Street and K Avenue; the proposed driveway will provide access tc four parking spaces on K Avenue; an inspection reveals there are nc utility poles involved; it was recommended the oversized driveway be granted subject tc the following con- ditions... Moved by Colburn, seconded by Hogue, the request for oversized driveway be approved subj.ect to the three conditions. Carried by unanimous vote. CITY MANAGER OSBURN requested permission to purchase six budgeted vehicles: one four -door sedan (for the Fire Chief), one four -door station wagon (for the Park & Recreation Dept.), and four pick-up trucks (one-half ton pick-ups for: the Police Department, Fire Department, Park & Recreation Department and Building Department). Moved by Hogue, seconded by Camacho, this request be granted. Councilman Camachc said the Maintenance Department should be complimented on keeping these relics going. Carried by unanimous vote. Moved by Reid, seconded by Hogue, the old Pontiac be turned in on this deal. Vice Mayor Hogue said it had been brought tc his attention there was a possi- bility this car was being used by employees for purposes other than City bus- iness; he nad no proof; perhaps a list cold oe set up for checking out the car. City Manager Osburn said they knew where they said they were going when they took the car out; he knew of no cases of misuse of the automobile at this time. Second to motion withdrawn. notion died f er lack of second. Councilman Colburn suggested a review of the Pontiac be brought up at Finance Committee time and it be included in the budget if it was a necessary City vehicle and the City Manager could report on whether or not he wanted it kept in use. Mayor Morgan asked the City Manager to bring this up at budget time. Vice Mayor Hogue said he was against this as the City does need an extra car for the City's administrators; what they should have was a check off list which would give where the person was going and what the car was being used for. Councilman Reid asked the City Manager if he would give him a list of the names of everyone allowed to take cars home with them. City Manager Os - burn said he could give it to him tomorrow; they only allow people who are subject to call at night to take the cars; during the day time keys are kept in the City Manager's Secretary's office; they usually check with him before anyone takes the car. CITY CLERK MINOGUE reported receipt of a communication from the President of the League of California Cities announcing the annual League Committee appointments; Mayor Morgan is on the Home Rule Committee. Ordered filed by unanimous vote. DIRECTOR OF PLAWJNING STOCKMAN presented a guideline for the opening, develop - bent and closing of streets within the industrial area between Interstate 5 Freeway and Tidelands Avenue, between 13th Street and 24th Street; the Plann- ing Commission recommended acceptance of the proposed street opening, develop- ment and closing as a guideline for future requests by industrial developers as stated in her letter to the Council dated February 13, 1969. Moved by Hogue, seconded by Camacho, the Planning Commission recommendation be approv- ed and the Council go along with the guidelines for the opening of these streets. Councilman Reid inquired if this meant the streets would not be closed until there was a plan presented. Director of Planning Stockman said each one would be considered individually at the time requested; the develop- er would have to bring in a plan for consideration at a public hearing. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented her recommendation the closing of 21st Street between McKinley Avenue and Cleveland Avenue and the alley in Block 236 between 20th and 21at Streets be set for public hearing. Mayor Morgan asked what the Planning Commission recommendation was. Director of Planning Stockman said they moved unanimously the street be closed; it was 2/18/69 265 the polity of the City Council all closings be set for public hearing. Move by Hogue, seconded by Colburn, this item be set for a public hearing and all People in the area who were interested be notified. Carried by unanimous vote. The CITY TREASURER'S Financial Statement for the month ending January 31st was presented. Ordered filed by unanimous vote. Moved by Camach:, seconded by Reid, the mae-ing be closed. COUNCILMAN COL3URN said there was an item brou;ht. tc their attention by City Attorney McLean regarding the inter -city drainage problem. Moved by Hogue, this report be accepted and we approach... Mayor Morgan said there was a mo- tion on the floor to adjourn which took precedence over any other motion and asked the City Manager to put this on the Agenda for next week. Councilman Colburn said he was only going o recommend they authorize the City Manager to communicate with the City of San Diego on that drainage project and bring back a report. Mayor Morgan asked the City Manager to do this and bring the Council a report. City Manager Osb:.rn laid he would but to his knowledge they had never had a 1911 Act for drainage improvement in the City; he was not against it if that was what they desired. Councilman Colburn said he wasn't approving or suggesting a 1911 Act E..;as he was suggesting they communicate with the City of San Diego and F_, out what their interest was on the drainage. Mayor Morgan said maybe t;tej could get something out of San Diego, some kind of a commitment. Motion to close the meeting carried by unanirous vote. The meeting closed at 8:42 p.m. ATTEST: MAYOR, CITY CITY CLERK 1 jA T ONAL CITY, CALIFORNIA 2/18/69