HomeMy WebLinkAbout1968 05-28 CC MIN32
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
May 28, 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 R. D. Richardson, South Bay Bible
Community Church.
Moved by Colburn, seconded by Camacho, the minutes of the regular meeting of
May 21, 1968 be approved. Carried by unanimous vote.
COUNCILMAN REID said there would be approximately 2500 young people at the
Centennial swim meet June 7th and 8th; there are holes in the street near
the pool; he inquired if it would be possible to fill them before then. City
Manager Osburn asked if he was referring to 22nd Street. Councilman Reid
said it was Newell Street where there were chuck holes, City Manager
Osburn said they could fill the holes on Newell and put some surfacing on
22nd. Moved by Reid, seconded by Colburn, the City Manager be directed to
have the holes filled on Newell and surfacing done on 22nd Street. Carried
by unanimous vote.
COUNCILMAN REID inquired if the City had the names of the persons who request
the closing of a City street. The City Manager said they should have those
records. Councilman Reid said he would like to know without asking who had.
requested the closing. The City Manager said he understood; Councilman Reid
would like that listed on the Agenda.
COUNCILMAN CAMACHO stated he visited El Toyon Park over the weekend and
noticed the park area was drying out; he inquired if there was any way the
ground could be aerated and fertilized at the same time. City Manager
Osburn replied a turf aerator which will serve that purpose was in the budget
for next year. Councilman Colburn stated Park. & Recreation Director Maley
told him the type of grass there was in its dormant season now and should
brighten up before June with the watering and fertilization. Mayor Morgan
inquired if they could obtain the aerator now. City Manager Osburn stated
as he recalled, the price was between one and two thousand dollars; the
problem would be in finding one; if they had one picked out at this time,
they could go ahead and get it. Moved by Camacho, seconded by Hogue, thg
City Manager be directed to purchase an aerator as soon as possible.
Councilman Colburn asked the maker of the motion to consider having it
referred to Director of Parks & Recreation Maley; he would want this pleCe
of equipment as soon as he could get it but would probably want to comment
regarding the condition of the lawn at El Toyon. Carried by unanimous vote.
The Mayor's proposed PROCLAMATION of "YOUNG HISTORIANS DAY" (June 2, 1968) was
read. Moved by Hogue, seconded by Camacho, the proclamation be approved.
Carried by unanimous vote.
The Mayor's proposed PROCLAMATION of "ALLEN A. CAMPBEL.L DAY" (June 9, 1968)
was read by title. Moved by Colburn, seconded by Reid, the proclamation be
approved. Carried by unanimous vote.
BERNITINE HEIZER, 435 G Street, Chula Vista, was present and read a letter
asking the City Council to rescind their motion of May 7, 1968 accepting her
resignation and to reinstate her. Vice Mayor Hogue stated the City Attorney
had a report regarding Mrs. Heizer's request. Moved by Hogue, seconded by
Colburn, the report be presented at this time. Carried by unanimous vote.
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City Attorney McLean read his report stating if Mrs. Heizer believes her
resignation was obtained by coercion, she can apply for reinstatement on
the grounds that she resigned by mistake; if the City Manager declines her
request for reinstatement, she may appeal his decision to the Civil Service
Commission; at such a hearing, the question of the validity of Mrs. Heizer's
resignation could be explored in detail; there is nothing the City Council
can do at this point to reinstate Mrs. Heizer; nor can the City Council
properly pass on the validity of her resignation. The City Attorney
recommended the letter of Mrs. Heizer to the City Council, dated May 16,
1968, be filed. Moved by Hogue, seconded by Camacho, the City Attorney's
recommendation be approved, The City Attorney said Mrs. Heizer had con-
tacted him about her rights and he explained to her as City Attorney he
couldn't represent her as an individual and suggested she get independent
counsel to advise her if she had any questions. Mrs. Heizer stated she .had
written a letter of application to the City Manager asking for her rein-
statement. Emory W. Heizer, 435 G Street, Chula Vista, was present and
inquired if the City Manager had the right to reinstate Mrs. Heizer after
the Council had already accepted her resignation; it seemed a foregone con-
clusion he had no such legal right; he would be in effect overruling an
action of the City Council. Mayor Morgan suggested Mrs. Heizer seek outside
advice for her situation. Carried by unanimous vote.
JEAN BEAUZAY, 1204 E. 7th Street, Commander, American Legion Post 255, was
present and spoke briefly regarding their Memorial Day Service to be held
at La Vista Memorial Park, May 30, 1968, beginning at 10:30 a.m.; an invi-
tation was issued to everyone to join them. Mr. Beauzay stated coming up
on the Agenda was consideration of zone variance for the Japanese -American
V.F.W. use of Olivewood Women's Club House and as Post Commander of the
American Legion, they would be in favor (with all legal things being consid-
ered) of the variance. Mayor Morgan expressed the hope all who could would
attend the function sponsored by Mr. Beauzay's group.
DORIS BEAUZAY, a member of the American Legion Post 255, was present and
spoke regarding a program American Legion Post 255 will present May 29th,
9:30 a.m., for the Senior Citizens at the Library; the subject will be
"Americanism." Mrs. Beauzay urged everyone to vote "yes" for Proposition
No. 1 (Cal Vet bonds) on the ballot.
DANIEL E. REASONER, 1344 Darby Street, Spring Valley, was present and
requested the Council to reconsider the decision made last week regarding
their towing firm (Chief of Police instructed to suspend National City Tow-
ing from the Police tow service calls pending the result of an investigation
to be conducted by the County Grand Jury); he felt the decision was unfair
as they had made him guilty of something of which he was not aware.
Councilman Colburn stated he voted in favor of the motion last week; he has
since given it more thought and would agree up to a certain point the City
did dangle a few opportunities in front of Mr. Reasoner; he felt the oppor-
tunity for him to have performed was available; however, there was no
criminal negligence or anything that has been proven or in his opinion even
intended to be proven; some consideration should be given; he would consider
rescinding the motion and allow the contract to stand as it is until after
the completion of the investigation. Moved by Camacho, seconded by Colburn,
the Council extend the permit to National City Towing to operate until further
Dotice„ Carried by the following vote, to -wit: Ayes: Camacho, Colburn,
Reid, Morgan. Nays: Hogue.
MRS. MARY JO CHAMBERS, 1318 E. 18th Street, was present and spoke against
the City's buying blazers for members of the City Council; if some kind of
identification was needed for the councilmen, a pin, a badge, or an embroidery
to be attached to their coats could be used; taxes should not be spent for
this purpose.
RESOLUTION NO. 9602, "RESOLUTION OF AWARD OF CONTRACT ('N' Avenue Storm
Drainage)," was presented. Moved by Colburn, seconded by Camacho, it be
read by title. Carried by unanimous vote. The title was read. Moved by
5/28/68
Reid, seconded by Camacho, the Resolution be adopted.
vote.
RESOLUTION NO. 9603, "RESOLUTION AUTHORIZING
DEPARTMENT OF FINANCE OF THE STATE OF CALIFORN A;-igi
by Colburn, seconded by Camacho, it be read by title.
vote. The title was read. Moved by Colburn, seconded
tion be adopted. Carried by unanimous vote.
RESOLUTION NO. 9604, "RESOLUTION AUTHORIZING CANCELLATION OF OLD, OUTSTAND-
ING WARRANTS," was presented. Moved by Hogue, 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 unanimous vote.
Moved by Hogue, seconded by Colburn, the group of resolutions referring to a
1911 Act improvement be read by title. E. H. Alsdorf, 2105 J Avenue, was
present and said this was the first notice he had had that anything was
being done on I Avenue, J Avenue, L Avenue, 20th Street, 21st Street and 24th
Street; his property was located at 22nd between J and K; there was no
petition for or against a 1911 Act presented to him for signature. City
Attorney McLean said the 1911 Act Assessment District was not in existence;
this group of resolutions is the first step in instructing the Engineer to
start preparing plans in these areas; he would receive all of the notices
required by law. Mr. Alsdorf said he understood that the 1911 Act required
the City to consult property owners first; he objected to the way this was
being handled. Carried by unanimous vote.
RESOLUTION NO. 9605, "RESOLUTION DIRECTING ENGINEER TO FURNISH PLANS, SPECI-
FICATIONS AND ESTIMATES (I Avenue, 16th Street to 17th Street, J Avenue,
16th Street to 18th Street, L Avenue, 18th Street to 24th Street, 20th
Street, Highland Avenue to L Avenue, 21st Street, I Avenue to L Avenue,
24th Street, Highland Avenue to L Avenue, Assessment District No. 153)."
Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by
unanimous vote.
Carried by unanimous
OF AGREEMENT WITH
presented. Moved
Carried by unanimous
by Reid, the Resolu-
RESOLUTION NO. 9606, "RESOLUTION:.. ADOPTING PLANS AND SPECIFICATIONS (I,.J,
L, 20th, 22nd, 24th Streets, Assessment District No. 153)." Moved by Cblburn,
seconded by Hogue, the Resolution be adopted. Carried by unanimous vote.
RESOLUTION NO. 9607, "RESOLUTION ADOPTING MAP SHOVING EXTERIOR BOUNDARIES OF
ASSESSMENT DISTRICT (I, J, L, 20th, 22nd, 24th Streets, Assessment District
No. 153)." Moved by Hague, seconded by Colburn, the Resolution be adopted.
Carried by unanimous vote.
RESOLUTION NO. 9608, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER
'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF
1931' (I, J, L, 20th, 22nd, 24th Streets, Assessment District No. 153)."
Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried
by unanimous vote.
RESOLUTION NO. 9609, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE
(I, J. L, 20th, 22nd, 24th Streets, Assessment District No. 153)." Moved
by Reid, seconded by Colburn, the Resolution be adopted. Carried by
unanimous vote.
RESOLUTION NO. 9610, "RESOLUTION ACCEPTING DEED OF DEDICATION FROM NATIONAL
SCHOOL DISTRICT OF SAN DIEM° COUNTY, CALIFORNIA," was presented. Moved by
Hogue, seconded by Reid, it 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.
ORDINANCE NO. , "An Ordinance Amending Ordinance 962 of the City of
National City, California, Providing for the Storage and/or Impounding of
Disabled, Dismantled or Wrecked Motor Vehicles," was presented for the first
reading. Moved by Hogue, seconded by Reid, the reading of the Ordinance be
5/28/68
35
by title only. Carried by unanimous vote. The title was read.
CITY MANAGER OSBURN read his report regarding surfacing of V Avenue. Mayor
Morgan stated if there were no objections, the report would be filed. Vice
Mayor Hogue inquired if the City had a policy whereby the City Manager could
order the surfacing of streets that have curbs or need resurfacing without
bringing it before the Council. City Manager Osburn said this was true;
however, V Avenue had been oiled and they covered the oil with dirt from
5th Street to make a street through that area; they resurfaced the street
from where they had disturbed it. Vice Mayor Hogue stated if policy had
been set to give,the initiative to the City Manager to pave streets that
have curbs and streets that need resurfacing, he thought they should stick
to that policy and any deviation from the policy should be brought before
the City Council; each of them have an opinion of which dirt streets need
an oil coating. Mayor Morgan inquired if the only thing they covered over
in improving the street was oil and dirt mix and if it was oil and dirt
mix which was put back on. City Manager Osburn said that was true; they
just replaced it with the same type of material they had covered.
COUNCILMAN REID inquired how they were coming with 8th Street and if it would
be ready within two or three months. City Manager Osburn stated he thought
so. Moved by Reid, seconded by Colburn, they go ahead with the center strip
on Plaza and finish that, go ahead with the marking and whatever would be
necessary to make that a street. Mayor Morgan stated he owned 331 feet on
Plaza Boulevard; he paid $4,000.-$4500. in 1911 Acts; he told the City
Manager he did not want the City to benefit him while he was Mayor, or on
City Council, but to omit his part or if it is done, add up the cost for his
331 feet and send him the bill. Vice Mayor Hogue inquired if it was true
this would not be charged to any of the property owners along there for the
completion. City Manager Osburn said this was correct; they figure a 1911
Act normally on a 40' street; in this case, the street is a 64' wide travel -
way; it is standard procedure for the City to pick up the tab on the over -
width portion which is 24' in this case; this is in the center of the street.
Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue,
Reid, Nays: None. Abstaining: Morgan.
A zone variance for the JAPANESE-AMERICAN V.F.W. use of the Olivewood
Women's Club House with request for license permission to dispense alcoholic
beverages, was considered at this time. Moved by Colburn, seconded by
Camacho, the request be granted and the stipulations suggested by the Plann-
ing Commission be adhered to. Vice Mayor Hogue inquired if a written agree-
ment had been obtained from the V.F.W. they would put in the curbs and
streets in this area. Director of Planning Stockman said she had in her
files a communication from the Veterans of Foreign Wars Japanese -American
they would agree to install curbs, gutters and sidewalks providing they can
have a driveway apron; they have requested half of the paving of the street
be deferred until the rest of the owners in the block join, preferably under
the 1911 Improvement Act. Mrs. Stockman said if the Council deviated from
the Planning Commission recommendation and not require the installation of
the street and do grant this, she would recommend the resolution granting,
this variance not be adopted by the City Council until the owners entered
into an agreement with the City they would not protest any improvement of
paving the half of F Avenue and would go into the development when the rest
of the property does, whether initiated by the City or the property owners.
Councilman Colburn said he would include in his motion the note at the bottom
of the Planning Commission report ("Since the Planning Commission's action a
communication has been received from the Jr. Vice -Commander of the Veterans
of Foreign Wars Post 4851 advising they are in agreement with the installa-
tion of curbs, gutters and sidewalk on F Avenue but would like to submit for
the City Council a possible revision to the requirement of paving half of
the street and that this be deferred until such time as the rest of the
owners in the block loin, preferably under the 1911 Improvement Act) and
the comments just made regarding the agreement on the paving of the street.
Included in second. Carried by the following vote, to -wit: Ayes: Camacho,
Colburn, Hogue. Nays: Reid, Morgan.
5/28/68
36
An application for person to person transfer of off sale beer and wine
license by GARTH R. and MARCILE L. BRUNSON and the SOUTHLAND CORPORATION DBA
SPEEDEE 7-ELEVEN #20, 824 Palm Avenue (adding co -licensee), was presented.
Moved by Hogue, seconded by Colburn, the application be filed. Mayor Morgan
stated if there were no objections, it would be filed. The Mayor then stated
he would call for a vote. Carried by the following vote, to -wit: Ayes:
Camacho, Colburn, Hogue, Reid. Nays: None. Abstaining: Morgan.
The CITY MANAGER'S recommendation of an affirmative response on the County's
application and agreement regarding the Green Amendment (Section 210-a
Economic Opportunity Act), was presented. Moved by Colburn, seconded by
Hogue, the City Manager's recommendation be approved. Carried by unanimous
vote.
A communication from the GENERAL MANAGER, FRANK LINCOLN-MERCURY-COMET,
appealing the Traffic Safety Committee's decision not to grant a loading
zone, was presented. Moved by Hogue, seconded by Reid, the communication
be referred to the City Manager for further investigation. Carried by
unanimous vote.
A communication from the CHAIRMAN, MAYTIME BAND REVIEW COMMITTEE, expressing
thanks for cooperation and support and recommending consideration of budget-
ing money to purchase additional bleachers for use next year, was presented.
Ordered filed by unanimous vote.
The Minutes of the CIVIL SERVICE COMMISSION meeting of May 15th, were pre-
sented. Moved by Colburn, seconded by Hogue, the Minutes be approved and
filed. Carried by unanimous vote.
A communication from O. E. JENSEN, PROJECT ADVISOR, and A. A. CAMPBELL,
PRINCIPAL, SWEETWATER UNION HIGH SCHOOL, in appreciation for "Youth in
Government Day" was presented. Ordered filed by unanimous vote.
A communication from MO P. WOOD, 2610 K Avenue, commending the Council for
the improvement of 24th Street, was presented. Ordered filed by unanimous
vote.
A communication from the CHAIRMAN, CENTENNIAL COMMITTEE, requesting the clos-
ing of D Avenue from 10th to 16th Streets and 12th Street from D to A
Avenues at 7:30 p.m., June 8th, for the Pageant at Kimball Bowl and Acting
Chief of Police Owens' communication stating the closing would not hinder
the operation of the Police Department, were presented. Moved by Hogue,
seconded by Reid, the request be granted. Councilman Colburn stated he
hoped the City Manager would make sure the full parking facilities would be
utilized in the closing of this street; there is a considerable amount of
parking available in that area and if the street is closed to traffic, he
didn't know where the people would park. Mayor Morgan requested the City
Manager to give the Council a written report regarding this. Carried by
unanimous vote. Vice Mayor Hogue stated the City Manager should find out if
they do not want any parking there.
Items to be filed with the City Clerk (no Council action necessary): (1)
Certificates of Insurance covering T. B. PENICK & SONS for two street
improvements; (2) Letter from STATE SENATOR MILLS regarding various legis-
lative proposals, were presented.
CITY MANAGER OSBURN recommended the addition of a section on both ends of
the Council stand which would allow two more chairs to be placed there; the
bid they received from WESTERN LUMBER CO. (who constructed that which was
already there) was for $988.00. Vice Mayor Hogue inquired who the chairs
would be for. City Manager Osburn said it would be the City Clerk, City
Planner, Engineer and the Assistant; the recorder would be moved around on
the other side which would make it possible for everyone to face the audience;
the Council could then see each member of the staff which was not possible
at this time. Moved by Colburn, seconded by Camacho, the City Manager's
recommendation be approved and the contract be awarded to the Western Lumber
Company. Carried by the following vote, to -wit: Ayes: CgmArhO, Colburn,
5/28/68
37
Reid, Morgan. Nays: Hogue.
2,000*
CITYAMOR OSBURN requested permission to go to bid on +288•tons or more of
3/8414344es asphalt pavement, 60/70, and 500 tons or more of 3/8 maaA4 maximum*
aggregate, M.C. 800; this is for the street projects for next year, Moved
by Hogue, seconded by Reid, the City Manager's recommendation be approved.
Carried by unanimous vote.
CITY MANAGER OSBURN reported he checked with Ellis Bros. Men's Store regard-
ing blazers for Council members; they are available in French blue, red,
olive, kelly green, camel, navy blue, black, burgundy and gold; it would
cost approximately $30.00 plus the emblem for each jacket. Moved by Hogue,
seconded by Colburn, the City Manager be authorized to order blazers for
members of the Council w.ho are interested a City seal be placed on the
jacket and the color burgundy be chosen. Councilman Colburn stated he would
rather not have burgundy as the color. Vice Mayor Hogue said he would vote
for any other color. Councilman Colburn suggested bids be received from
different stores rather than obtaining just the one bid. Vice Mayor Hogue
inquired if he removed the color stipulation from his motion, would Council-
man Colburn second it. Councilman Cblburn said he would so long as the
purchase wasn't made until later. Vice Mayor Hogue asked that the City
Manager bring in some samples. Mayor Morgan said the color stipulation
would be stricken from the motion. Motion carried by the following vote,
to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan.
CITY MANAGER OSBURN reported receipt of a letter from Anna B. Barrer, Clerk II,
tendering her resignation, effective May 24, 1968 and recommended it be
accepted. Moved by Hogue, seconded by Colburn, the City Manager's recommen-
dation be approved. Carried by unanimous vote.
CITY MANAGER OSBURN reported receipt of a letter from the National Meat
Packers, stating they were interested in purchasing a City owned lot at the
northwest corner of 22nd and Wilson Avenue and allowing an easement for a
railroad spur to come through the property; they have requested a Real
Estate Committee meeting. Mayor Morgan said they had talked before on this
and should lay it over until they could obtain a recommendation from the
City Manager. Vice Mayor Hogue inquired if the company would present the
same thing to them as they did before. City Manager Osburn said it was the
same thing as before but he has agreed to the railroad right of way through
the property at this time.
CITY CLERK MINOGUE reported receipt of a communication from the Senate
Committee on Armed Services in regard to the Fire Fighting School. Ordered
filed by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission report on
existing signs encroaching within the required setback: the Planning
Commission reconsidered their action taken on violations on the setback
area on Highland Avenue; due to the lack of zoning control and since the
staff has for the past seventeen years gone under the Uniform Building Code
for the most part, the Planning Commission did defer any further action on
these possible violations and set up a policy regarding signs until such a
time as staff can come up with a definite sign ordinance which the Building
Inspector and Planning Director are working on and which will come before
the Council for a public hearing.
CITY MANAGER OSBURN stated the official Centennial Program would be published
in early June; Mrs. Richards of the South Bay Historical Society requested
it be determined whether the City Council would be interested in taking an ad
in this Centennial Program; the cost for a q a age would be $112.88 and
a half page would be $225.76; it would be awrrc type of program. Joe
Minogue, 1105 E. 4th Street, was present and said Mrs. Richards did not
represent the South Bay Historical Society. Director of Planning Stockman
said she was at the last meeting of the Centennial Committee; Mrs. Richards
is a representative of the National City Star -News, is compiling the informa-
tion to go into the program,and is acting under direction of the Centennial
5/28/68
*Corrected by Council action 6/11/68 IM
38
Committee. Moved by Hogue, seconded by Reid, a half pace ad be taken by the
City. Councilman Colburn objected to the motion; the City does most of its
promotion through the Chamber of Commerce; it is obvious the City is involved
in the Centennial celebration and the ad would not benefit the City in any
way that he could see. Director of Planning Stockman stated this would be
a section that would come out with the newspaper; it would carry a complete
history with pictures and everything as to the history of the purchase of
the Rancho de la Nacion by Frank A. Kimball; to her knowledge, it would not
be sold. Vice Mayor Hogue inquired who would pay for the supplement.
Director of Planning Stockman said she believed those who had placed adver-
tisements in it would be paying the costs; there's no cost to the Centennial
Committee. Councilman Colburn stated they could spend their money on other
advertisement that would encourage someone to move his business or family
to National City; the people receiving the newspaper would in the majority be
National City residents; it would not be money wisely spent. Carried by
the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays:
Colburn.
Moved by Reid, seconded by Hogue, the meeting be closed.
CITY CLERK MINOGUE stated there would be no Council meeting next Tuesday,
Election Day.
Motion to close the meeting carried by unanimous vote. The meeting closed
at 8:40 p.m.
ATTEST:
MAYOR, CITY
CITY, CALIFORNIA
5/28/68