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HomeMy WebLinkAbout1968 05-21 CC MIN25 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 21, 1968 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. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Foster, McLean, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Reverend Georgia Hunter, First Christian Spiritualist Church. Moved by Colburn, seconded by Camacho, the minutes of the regular meeting of May 14, 1968 be approved. Carried by unanimous vote. COUNCILMAN COLBURN stated some time ago Council voted unanimously to investi- gate the police -towing problem; the investigation was made and last weekhe reported to Council he was not satisfied with the investigation. Mr. Colburn said Councilman Reid's motion (April 2, 1968) stated, if necessary, the Grand Jury or any other means available to us to complete the investiga- tion be used. Councilman Colburn said he made a motion last week to reopen the investigation and asked that three police chiefs be invited to hold the investigation; in discussing this with the City Manager, he found it could be difficult to ask local police chiefs and equally difficult to ask police chiefs from out of town to render this service. Moved by Colburn, seconded by Hogue, last week's motion (the investigation not be closed and they request at least three chiefs of police from surrounding cities, or out of San Diego County cities if they need to or feel they should, to renew the investigation and bring a report after that time, this to be accomplished as soon as possible.) be rescinded so we don't obligate the City Manager to invite police chiefs to hold the investigation but to direct the City Manager to write a letter Wednesday, My 22, 1968, to the County Grand Jury request- ing them to conduct an investigation at their convenience (or however they do it), either in our City or wherever they hold them, in regard to the con- flict of towing, Police, Council members and any agency that might be involved, such as tow companies, wrecking companies or any other entities in the discrepancies and conflict of the towing and police situation in National City. Mayor Morgan asked if the Council and Mayor were included in the motion. Councilman Colburn said they were. Carried by the following vote, to -wit; Ayes: Camacho, Colburn, Hogue, Morgan. Nays: Reid. Moved by Hogue, seconded by Colburn, the issuance of a franchise to the National City lowing Company be delayed until results of the Grand Jury .hearing is brought before the Council. City Attorney McLean suggested what they might want to do was move that the use of National City Towing for police calls under its permit be suspended by the Chief of Police until further instruc- tions. Vice Mayor Hogue said with the consent of second, he would change his motion that the use permit of the National City Towing Company, so fax as its relationship to the Police Department was concerned, be suspended until the results of the hearing conducted by the Grand Jury was received. Councilman Colburn stated he would second it if that was what the City Attorney said. City Attorney McLean said what he had suggested was: the Chief of Police be instructed to suspend National City Towing from the Police tow service calls pending the result of the investigation. Moved by Hogue, seconded by Colburn, the former motion be amended to read as the City Attorney has suggested. The City Attorney re -stated his suggestion. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Nays: Reid, Morgan. Vice Mayor Hogue inquired if they needed to vote on the original motion since it was the amended part that they voted on. The City Attorney said he took the sense of it that the last statement was the motion they wanted to adopt; it is all right, so long as they can understand from the minutes what the Council wants to do. 5/21/68 26 VICE MAYOR HOGUE requested a report be brought to him next week on the paving of trAvenue from 8th to Sth and the installation of a center section on Plaza Boulevard. City Manager Osburn indicated he knew the section. The Vice Mayor said what he wanted to know was did the Council okay this. The Mayor asked the City Manager to report on this. VICE MAYOR HOGUE said recently he suggested a guide line on ethics be brought to Council as to their actions. Moved by Hogue, seconded by Colburn, they include the City employees on this guide line] a Code of Ethics to be handed out to them the same as to the Council. Vice Mayor Hogue stated he had requested the guide line so that they could judge themselves as to whether or not their actions were legitimate. Mayor Morgan said it was ridiculous to pass something like this. Vice Mayor Hogue said the recent problem regarding the police and the towing company was what prompted his concern; if they had a guide line to refer to they could judge their own actions and comments without having to go to someone else for advice; it seemed to him one of the questions going before the Grand Jury was should the policemen have participated in work on this man's property or not; he was not trying to judge anyone but was just trying to give them a guide line. Mayor Morgan said he had always said the Grand Jury was his guide line and he saw nothing wrong with it which was the reason he voted for it; he felt it was bad for the Council to control or try to control the Police, the Sewer or the Fire Department on their off time; it was not their duty to do it and was completely out of line. Vice Mayor Hogue said what these people do when they're off duty is part of their business; what a policeman does when he's off duty is certainly part of the business of the citizens of this community because what they do is a reflection upon the people of the City. Councilman Colburn said the motion was not for providing a control except in the form of guide lines; if a man works for the City and unknown to him or by viewing other people's actions starts working part time or on off duty hours in some job or capacity that could become controversial, it would not be fair to him if he was not told; he did not believe citizens would like to have their patrolmen working part-time in the local pub; this at a later date could be construed as a conflict of interest if there was any kind of juvenile problem. Mayor Morgan said he had never seen more dedicated people than those working for the City, although there may be one or two bad ones; it is too bad for the Council to condemn those people. Vice Mayor Hogue said the Mayor missed the whole point; all he was asking for was a list of guide lines to be handed to these people; he did not mean to judge anyone at all. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan. Moved by Hogue, seconded by Reid, Mrs. J. Louis Camacho be appointed as a member of the City Hostesses. Mayor Morgan said he would be very happy to recommend that. Carried by unanimous vote. Vice Mayor Hogue suggested the wife of the President of the Chamber of Commerce and the wife of the President of the Junior Chamber of Commerce be given honorary memberships in the City Hostesses as they play a very important part in the City. Mayor Morgan said he would consider that and make a report later. VICE MAYOR HOGUE stated some while back he and the City Engineer had talked something about Harbison Avenue; .he believed it was something about telling the people if they want to put the curbs in, they can. The Vice Mayor inquired how long it would be until they set up a priority list of street improvements under gas tax funds. City Engineer Foster said they were about due for one now; he would get one to him. VICE MAYOR HOGUE stated while Councilman Camacho was at a recent convention, one of the things that impressed him about other cities was the fact that some of the councilmen present wore matching blazers with the decal on them that showed the city seal or something to that effect. The Vice Mayor inquired if they could buy blazers for Council members if they were left with the City for future Council members. City Attorney McLean said if they decided the public or City would be benefitted by having some distinctive type of apparel for the City Councilmen, to promote the City image in 5/21/68 27 advertising value, etc., then it would be a proper use of public funds; how- ever, he thought the ownership of the garments would have to remain with the public; at the end of a particular councilman's term of office, the balance of the Council might choose to make a gift of the coat at that time; this would be proper, like giving a plaque is proper. Vice Mayor Hogue said he felt it would be of benefit to the City. Moved by Hogue, seconded by Colburn, the City Manager be requested to look into the idea of purchasing blazers for members of the City Council and bring back a recommendation as to color, style and what should go on the blazers. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan. COUNCILMAN REID said he did not care who investigates him at any time, day or night; three gentlemen he trusted helped with the investigation (Police towing); he had nothing to do with it and was satisfied; he was hoping for two better years on the Council even than they had had before. COUNCILMAN REID recommended the City Manager and the Finance Officer look into the possibility of having pay day for City employees every Friday. Mayor Morgan asked the City Manager to bring back a report on this. COUNCILMAN CAMACHO thanked the Council for sending him to the League of California Cities' Institute for Councilmen at Anaheim; he felt what he learned would be of benefit to him; he appreciated it very much. VICE MAYOR HOGUE requested the City Attorney bring back an opinion as to whether or not a member of the City Council should be a member of the Police Reserves. Mayor Morgan told the City Attorney to bring back a report on that. The Mayor's proposed PROCLAMATION of "SOUTHWESTERN COLLEGE '68" (open house scheduled for Sunday, May 19, 1968, 2:00 p.m. - 5:00 p.m.) was read. Moved by Hogue, seconded by Reid, the proclamation be approved. Carried by unanimous vote. The Mayor's proposed PROCLAMATION of "POPPY DAYS" (May 24 - 25, 1968) was read. Moved by Colburn, seconded by Reid, the proclamation be approved. Carried by unanimous vote. DR. GEORGE PARCHEN (President, Chamber of Commerce), 101 E. 18th Street, was present and suggested if the Council decided to buy blazers for the council- men, they stay with the same colors the Chamber of Commerce used; they tried to follow the color in the flag. Dr. Panchen read a letter from the Chamber's Streets & Highways Committee in regard to the intersection of 24th and National, a problem at peak early morning traffic .hours with northbound motorists turning left to get to Interstate 5. Dr. Panchen said the opening of the 24th Street Terminal will cause more traffic to use this intersection and upon recommendation of the Committee, the Chamber Board voted to recommend the City Council consider a multi -phase signal light at this intersection, with the thought that money could be saved by installing a new signal while the widening of 24th Street is taking place, Mayor Morgan said this was under study; the City Manager would make a recommendation. City Manager Osburn stated the 24th Street improvement was too fax along to change the lights; this equipment takes some time to obtain; they waited about two years to get the one at 8th and Harbor Drive. E. H. ALSDORF, 2105 J Avenue, was present and said in regard to blazers for the councilmen, he did not think many of them would want to wear a blazer that someone else had worn for two years; he would be willing to give fifty cents to help pay for them. Mr. Alsdorf said a common school education was all that was necessary for guide lines for the councilmen. Mr. Alsdorf said the first resolution listed on the Agenda, vacating portion of C Avenue between 18th and 21st Streets - reducing width, was not clear; it could be anywhere from one foot to seventy-nine feet. Mayor Morgan said that was ten feet on both sides. 5/21/68. 28 The CONTINUED USE DISTRICT HEARING ON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING THE CRITERIA FOR STORAGE AND/OR IMPOUNDING OF AUTOMO- BILES was held at this time. Director of Planning Stockman stated the Planning Commission at the request of the City Council took this under con- sideration and redesigned the first two phases relative to new and used automobile agencies, garages and body shops which they felt would be much more self-explanatory and would require them to be behind a fence within the service area on the same property for which this establishment has a business license; on garages it would cut them down to 2,000 square feet which could be devoted to this, giving each of them sixty days to determine the extent of repair or total loss; as requested by the Council, the ordinance now includes storage yards operating under a City contract would have to install a fence as per criteria set up in the manufacturing and industrial zone and they could not have signs posted all over it; in both of the first two sections regarding cars, used cars, garages and body shops, the ordinance spells out that there can be no salvaging, automobile wrecking, junking or dismantling; the is a limited amount permissible under a towing operation of wrecked vehicles. The Director of Planning said the Planning Commission voted in favor of the ordinance establishing the criteria for the storage and/ or impounding of wrecked automobiles as amended. No one was present in this regard. Moved by Colburn, seconded by Reid, the .hearing be closed and the Ordinance be approved and referred to the proper authorities for further processing. Carried by unanimous vote. Vice Mayor Hogue asked if the first time this was presented it would be for first reading. The City Attorney said that was correct. Moved by Hogue, seconded by Camacho, copies of the Ordinance be sent to each one of th4 different types of businesses concerned so that they can look it over and if they have any suggestions, they could cone back on the first reading to give their opinions. Carried by unanimous vote. RESOLUTION NO. 9598, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A PORTION OF 'C' AVENUE BETWEEN 18TH STREET AND 21ST STREET," was presented. Moved by Colburn, seconded by Hogue, it be read by title. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Moved by Colburn, seconded by Reid, the following two resolutions be read by title. Carried by unanimous vote. RESOLUTION NO, 9599, "RESOLUTION AMENDING RESOLUTION NO. 9582, ORDERING WORK (17th Street, 'N' Avenue, Assessment District No. 138)," Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO, 9600, "RESOLUTION AMENDING RESOLUTION NO. 9583, ADOPTING WAGE SCALE (17th Street, 'N' Avenue, Assessment District No. 138)." Moved by Hogue, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO, 9601, "RESOLUTION ACCEPTING COVENANT RUNNING WITH LAND (Floyd O. Hicks)," was presented,. Moved by Colburn, seconded by Reid, it be read by title. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Cblburn, Reid, Morgan. Nays: Hogue. CITY ATTORNEY McLEAN reported receipt of a claim for money damages from Lewis W. Zeinz and advised the claim be denied. Moved by Colburn, seconded by Reid, the City Attorney's recommendation to denv the claim be approved. Councilman Camacho asked what the purpose for denial was. City Attorney McLean said they were voting not to pay the claim; that would require the claimant to sue for legal remedies through Court. Vice Mayor Hogue stated, in other words, the City has insurance to cover it. City Attorney McLean said he would rather not say. Vice Mayor Hogue said he would rather not vote; he might be in favor of... The City Attorney said they would give it to their insurance carrier. Carried by unanimous vote. 5/21/68 29 PAYROLL audited by the FINANCE COMMITTEE in the amount of $67,835.39 was pre- sented. Moved by Reid, seconded by Colburn, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. BILLS audited by the FINANCE COMMITTEE were presented as follows: General Fund $19,832.58 Traffic Safety 2,227.09 Capital Outlay 1,306.58 Park 347.59 Retirement 14,652.44 Gas Tax No. 2106 7,340.40 Gas Tax No. 2107 7,666.16 Special Street 4,574.99 Trust & Agency 50.00 Drainage 3,271.18 Sewer 5,568.20 Library Capital Outlay 150.00 Civic Center 2,911.23 Total $69,898.44 Moved by Reid, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. The result of the opening of sealed bids for the N AVENUE STORM DRAIN (Certificates of Publication of Notices to Bidders on file), City Clerk's report of bids and City Engineer's recommendation to accept the bid of T. B. Penick & Sons, Alternate B, $17,405.27, and reject all others, was presented. City Manager Osburn recommended the bid of T, B. Penick & Sons in the amount of $17,405,27 be accepted and all other bids be rejected; this bid is approximately two hundred dollars lower than the City's estimate and was the lowest bid providing concrete pipe. Moved by Reid, seconded by Hogue, the City Manager's and City Engineer's recommendations be approved. Carried by unanimous vote. A telegram from EVELYN M. CLAR, LEGISLATION CHAIRMAN, in regard to the pro- posed cutback in funding for Federal Library Services and Construction Act, was presented. Moved by Colburn, seconded by Reid, the telegram be filed. Mayor Morgan said if there were no objections, it would be filed. Vice Mayor Hogue said the telegram informs them the funding for Federal Library Services and construction was endangered by the cutback; the majority of the Council voted they would build the addition to the Library but would seek. from $30,000-$35,000. in aid from this fund; it is important they get some kind of report brought back to them regarding whether or not the $30,000.- $35,000. was going to be available; if it isn't, the motion to build the addition to the Library should be changed; was the intent of the motion that if they did not get this aid they would take the extra $30,000. or $35,000. out of the Capital Outlay Fund and go ahead and build the addition on to the Library; he would like a report on that last idea brought back. from the City Attorney and would like City Manager Osburn to check into this and bring back an opinion as to whether or not he thinks the funds will be available to us. Mayor Morgan stated the City Manager was working on an application and he di.dn't have any intention of going ahead and building the Library until they did find out about this money and asked if that was correct. City Manager Osburn said they intended to submit the application for the money, Vice Mayor Hogue stated he would expect a report from the City Attorney and City Manager. Carried by unanimous vote. The CITY MANAGER'S recommendation the proposed budget for the Comprehensive Planning Organization 1968-69 (in kind services - no cash contribution) be approved, was presented. Moved by Hogue, seconded by Reid, City Manager Osburn's recommendation be approved. Carried by unanimous vote. 5/21/68 30 The DIRECTOR OF PUBLIC WORKS' request to enter into a lease agreement for a Ford tractor backhoe, Sewer Division, was presented. Moved by Hogue, seconded by Camacho, the request be granted. Carried by unanimous vote. The request of BERNITINE HEIZER Council rescind their action accepting her resignation in order that she may be given a hearing, was presented. Moved by OOlburn, seconded by Camacho, this item be referred to the City Attorney for a report next week. Vice Mayor Hogue asked it be included in the report if this lady had received permanency and at what date she received it (the end of probation period) and where she received it. Carried by unanimous vote. A communication from the DIRECTOR OF PUBLIC HEALTH, J. B. ASKEW, stating the results of the sanitary survey of the National City Jail found conditions at the jail facilities to be exemplary and thanking Assistant Chief John E. Owen for his help and cooperation, was presented. Moved by Colburn, seconded by Reid, the communication be filed. Mayor Morgan said if there were no objections, it would be filed. A communication from FIRE CHIEF BACON requesting permission to purchase two dishmasters and a new stove and oven for the headquarters station instead of dishwashers and tape recording equipment included in the '67-'68 budget, was presented. Moved by Colburn, seconded by Camacho, the request be approved. Carried by unanimous vote. The approval of step increases for ANTHONY SOARES and LEONARD WONDER, Public Works; and DONALD BRADFORD, Planning, was presented. Moved by Colburn, seconded by Reid, the step increases for the three persons listed on the Agenda be approved. Carried by unanimous vote. The Minutes of the PARK & RECREATION ADVISORY BOARD meeting of May 8th, were presented. Moved by Colburn, seconded by Hogue, the Minutes be filed. Mayor Morgan stated if there were no objections, they would be filed. A communication from the CITY MANAGER filing three items with the City Clerk (no Council action necessary): SAN DIEGO COUNTY WATER AUTHORITY letters of April 30t.h and May 9th; and Certificate of Insurance covering C & Q AMUSE- MENTS, was presented. CITY MANAGER OSBURN reported receipt of a letter from Mr. Whitwer stating that part of the equipment for the Police Pistol Range was not available at this time but should be in within two weeks; he will know in the near future how much of a time extension they will need. CITY MANAGER OSBURN stated the Lions Club had requested the use of the swimm- ing pool for the Junior Patrol Boys; this is an annual event; they have requested it for June 7, 1968 from 1:00 p.m. to 3:00 p.m.; the pool is available. The City Manager recommended the request be approved. Moved by Hogue, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported the basic appraisal fee for the additional land needed for the golf course would be up to $1250.00 with an additional $1250.00 if they are required to go to Court; the land involved totals roughtly 3.8 acres. Mayor Morgan inquired if the City had the money to go ahead. The City Manager said they had. Moved by Hogue, seconded by Camacho, they hire the Lee C. Johnson firm to appraise the land for the golf course. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of the following items: (a) Communica- tion from L. Mendel Rivers, Chairman of the House Committee on Armed Services, in regard to the smoke control plan for the fire fighting school; (b) Summary Proceedings of the Governor's Conference on Planning for Housing and Home Ownership; (c) Annual report, Housing and Community Development - 5/21/68 31 1967. Mayor Morgan stated if there were no objections all three items will be filed. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:20 p.m. ATTEST: CITY CLERK MAYOR, CITY OF P1AT?�NA1G CITY, CALIFORNIA 5/21/68