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HomeMy WebLinkAbout1968 12-10 CC MIN194 MINUTES Of." THE RRGULAR MEE?TING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA Decemi.ei' 10, 19 e The regular meeting of the City Council. Us.' t'ee 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. MAYOR MORGAN stated he received a complaint from someone who was unable to hear the proceedings due to talking in the audience; he asked that better or- der be obtained. The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Councilman Colburn. Moved by Reid, seconded by Camacho, the minutes of the regular meeting of December 3, 1968 be approved. Carried by unanimous vote. MAYOR MORGAN requested citizens of National City to write to our representa- tives in Congress, and Bob Wilson in particular, regarding the smoke problem caused by the Navy fire fighting school; the annual budget will soon be made up by our Federal Government, so now is the time to write the letters in this regard. MAYOR MORGAN stated when the San Diego Port advertises, they always refer to Loth Avenue and to 24th Street Piers but they never say 24th is in National City; recently on a half hour show Chula. Vista, Imperial Beach and San Diego were mentioned in this regard but not National City. The Mayor requested the City Manager to check into this. MAYOR MORGAN asked the City Attorney what the legal way to handle petitions '4.ther favoring or protesting proposed 1911 Act Improvements was. City Attor- ney McLean stated he assumed when people either advocating or objecting to a 1911 Act communicate with the City, the data was turned over to the City Eng- ineer so he could compile all of the information; especially in the case of a protest, he assumed it would be turned over to the City Engineer so that he could evaluate them and determine the validity and the amount of the protest. Moved by Morgan, seconded by Reid, the City Manager be authorized to give a recommendation to the Council regarding how to proceed with thepetitions that come in. Vice Mayor Hogue inquired if it was true you could not sign "Mr. & Mrs." but that each person had to sign for himself. City Attorney McLean replied there was a section in the Code which specifies the manner i which a protest is to be made; basically, it requires the protesting person to provide the City with enough information that the City can identify the piece of property owned by the protestant and to ascertain from the protest that in fact is what it is; sometimes letters received regarding 1911 Act ixojects in his judgment did not qualify as protests; they are letters stat- ing some criticism of the project but yet they do not say "I protest" or "I object" to the project; the decision as to whether or not a particular docu- ment received by the City was a legal protest should be made by the City Attorney, and if there was a serious doubt about it they might get a bond law- yer in to look at it or go to Court and have a validation hearing. Council- man Camacho stated Vice Mayor Hogue mentioned signing "Mr. and Mrs." and in- quired if they could not just go by the parcel of land since this would be community property. City Attorney McLean stated the Code says the owners of property in the district to be assessed can protest; if it was a husband and wife situation, particularly if the husband signs the protest, in a close case they would have to decide that protest was valid; there might be some argument if just the wife signed; he did learn of one 1911 Act petition where some signatures were included and were signed "John Doe" by someone else; he didn't know about that until after the hearing; that's the type of thing that raises some legal questions. Councilman Colburn stated he thought they al- 12/10/68 195 eady had a set plan regarding this and inquired if what the Mayor wanted was en outline of how this plan works so the Council could have it for review. Mayor Morgan said that was correct. Carried by enanimous vote. RAYMOND R. DUKE, 1414 K Avenue, State Chairmen ior Zone 4 of California Peace Officers Research Association (covering the :°t' ae of police review boards, human relations, etc.), was present and gave the job description of the duties performed by the National City Police Dispatchers and a comparison of the duties and pay scales of the dispatcher in various other agencies. Mr. Duke stated in the last two years there was a 100% turnover in this job due to the inequity of the pay scale; two experienced dispatchers left to work for the San Diego Police Department where the remuneration was much greater and the duties less complex. Copies of a letter signed by Radio Dispatchers Verde M. Clark, Patricia E. Hertig and Kathryn Rapoza regarding this were given to Council members for study. Moved by Hogue, seconded by Camacho, this item be referred to the Finance Committee. Councilman Colburn requested the City Man- ager to check out the duties so that the Finance Committee would have more detail. Carried by unanimous vote. CHARLES S. LANDERS, 1034 E. 22nd Street, was present and asked why they skipp- ed his block when the paving was done on 21st and 22nd Streets; his street was the only street missed from J Avenue to K Avenue on 22nd Street. Mayor Morgan said it was hard to get a 1911 Act through; however, it was heartwarming to hear Mr. Landers asking for a 1911 Act. The Mayor requested the City Manager to get together with the City Engineer tomorrow and make a report to Mr. Lan- ders as to why his street was left out. City Manager Osburn stated he would call him tomorrow. Councilman Colburn requested a copy of the report be given to him and the rest of the Council as to why this one block was left out. City Manager Osburn said basically this wasn't on the petition or wasn't men- tioned when they instigated the 1911 Act, but they would check into it and let them know. Moved by Hogue, seconded by Reid, the following two resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 9714, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (A Por- tion of 20th Street)." Moved by Colburn, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9715, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PUR- POSES (A Portion of 20th Street)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9716, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ARCHITECT," was presented. Moved by Hogue, seconded by Camacho, the resole tion he read by title. Carried by unanimous vote. The title was read. Mr,ved_ by Hogue, seconded by Reid, the Resolution be adopted. Councilman Co: - burn stated the addition to the Library was not necessary at this time and therefore, hiring an architect was not necessary at this time. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: e;oiburn. ORDINANCE �, "An ordinance amending Chapter 22 of the Municipal Code relat- y.le to business license rates" was presented and was read in full for the first reading on request of Councilman Hogue. City Attorney McLean stated the ordinance would go into effect after adoption, after the second reading. Councilman Colburn stated they received no information from the staff regard- ing the necessity for additional revenue because of additional services being rendered to these establishments; he would rather see something like this pre- eented with the City Manager's report attached showing what benefit it would be to the City; personally, there was a portion of the ordinance that pleased him and if adopted it might be effective to the degree he had advocated but he had advocated this on a personal matter and not one the courts have recog- :.;ized and not one that many citieens recognized; these particular businesses seem to be protected by well-known freedom of press; no one has ever taken to 12/10/68 196 cask any city for removing a junkyard hut you can't close down a book store; f we get caught running them out of town by raising their licenses he feare we would be in trouble. The USE DISTRICT HEARING ON THE PROPOSED CHANGE FROM R-2, TWO-FAMILY RES- IDENCE ZONE, TO R-4, MULTIPLE FAMILY Ri7=aaNCZ ZONE (AREA BETWEEN 4TH & 8TH STREETS, V & T AVENUES & THE PROPOSED INTERSTATE 805 FREEWAY). City Clerk Minogue stated the Certificate of Publication of the Notice of Hearing was on file and the Planning Commission recommendation to deny the request for R-4 zoning and to grant instead R-4-P-D, Residential Planned Development Zone, with the exception of properties proposed for acquisition by the State Divi- sion of Highways for freeway right of way or frontage road (Planning Depart- ment drawing, C-76) was attached to the Agenda. Director of Planning Stockman gave the Planning Commission recommendation and said it was in accord with the petitioners. No one was present in this regard. Moved by Hogue, seconded by Camacho, the hearing be closed, the recommendation of the Planning Commiss- ion and the City Planner be approved. Carried by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 7,763.66 Traffic Safety 5,959.34 Park 2,082.34 Sewer 658.70 Civic Center 1,841.69 Total $18,305.73 Moved by Colburn, seconded by Reid, the bills be approved and warrants order- ed drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $78,974.84 wac pre- eented. Moved by Colburn, seconded by Camacho, the payroll be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: ?yes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. The matter of oversized driveway for WILLY'S ELECTRONICS, 1636-42 D Avenue, eae presented. Moved by Hogue, seconded by Camacho, the request be grantee, Mayor Morgan stated part of this driveway was supposed to be put back in in 1970 and inquired how they would keep up on this to see that it was done; he :Celt it was very bad planning to put in almost 100% of driveway; he was not peaking of this particular case but of future requests that would be made, City Attorney McLean said they could require a contract to be signed with e City. Pay Williams, 1636 D Avenue, was present and stated their parking was problem; everyone has a right to park wherever they can but the teaches at junior high school use the avenue for parking even though there is a strip of F Avenue (which was closed off and surfaced) available for parking; at any time during a school day there are not over one-half dozen cars parked there: this hurts their business; the only way he could get more parking was by ex- tending the driveway to be used for parking in the front portion of it; by 1970 he hoped to have a parking lot surfaced and everything built up with the curbs put back on the 1636 D portion of it. Mayor Morgan inquired if Mr. Williams had any objection to signing a contract agreeing to put the curbs back in by the middle of 1970. Mr. Williams replied it would be alright with him; by then he would have the parking lot and not need the extra driveway; he would prefer to have a loading zone there. Moved by Morgan, seconded by Coeburn, the motion be amended Mr. Williams make an appointment with the City Attorney to work out an agreement which would include the curbs be put back in as previously mentioned. Councilman Reid stated it was not turned over to the Police Department and Traffic Safety Committee for a safety check; also, they were taking the public's parking and making it private. Amendment to the motion carried by the following vote, to -wit: Ayes: Camacho, Colburn, IT-:guc, Morgan. Nays: Reid. Motion to grant the request carried by the fol- lowing vote, to -wit: Ayes: Camacho, Colburn, Hogue, Morgan. Nays: Reid. 12/10/68 197 ehe matter of the request of. :: tIA SIGMA PHI SPORTY to sell cook books at the =outs* Bay Plaza December 16-24 (Finance Depart-n:er_''s recommendation the request be granted attached to the Agendawac e=:red by Hogue, seconded by Camacho, the request he granted. CarL.ic be ee nimous rote. communication from R. E. GRAHAM, UTI.iYTY'`• ' : ECTOR, CITY OF SAN DIEGO, in regard to sewage transportation rate agreement (agreement covering period July 1, 1969 to June 30, 1974 revises transportation rate to $2.43 per million gallons per mile), was presented. Moved by Camacho, seconded by Hogue, this item be approved and filed. Carried by unanimous vote. A communication from SENIOR RIGHT OF WAY AGENT, DIVISION OF HIGHWAYS, stating their intention to acquire private land to replace land needed for the right of way from Las Palmas Park; in the case of City owned land needed for the right of way for Interstate 805, replacement with additional park land will not be possible and the State will make a payment of money, was presented. Ordered filed by unanimous vote. The request of SYNANON to solicit in National City and the approval of the Finance Department, were presented, Moved by Camacho, seconded by Colburn, the request be granted. Carried by ui'animmous vote. The request of JAY CAMBLIN to move a building from 2126 Grove Street to 2210 E. 22nd Street and the Director of Building & Housing's recommendation the request be granted subject to six conditions, were presented. Moved by Hogue, seconded by Colburn, the request be approved with the Director of Building & Housing's recommendation. Carried by unanimous vote. The request of V. R. STEPHENS to move a building from 1936 E. 12th Street to 536 R Avenue and the Director of Building & Housing's recommendation the re- quest be granted subject to six conditions, were presented. Moved by Colburn, seconded by Reid, the request be approved with the Director of Building & Housing's recommendation included. Vice Mayor Hogue stated he would like to see included in the motion a statement from Mr. Stephens that since R Avenue is a dirt street he would not be opposed to a future 1911 Act improvement on the street. Councilman Colburn said he would include that in the motion if the City Attorney would advise the proper wording. City Attorney McLean said dle way to handle that was prior tc giving him his zoning hermit to execute a covenant running with the land he wouldn't oppose future improvement. Includ- ed in :notion and second, Carried by unanimous vote. The request of V. R. STEPHENS to move a building from 2010 E. 12th Street to 534 R Avenue and the Director of Building & Housing's recommendation the re- quest he granted subject to six conditions, were presented. Moved by Colburn, seconded by Camacho, this request be granted with the stipulations set forth by the Building Department and a covenant running with the land he wouldn't oppose future improvement. Carried by unanimou` vote. A communication from HERBERT ANDERSON, 2231 16th Street, requesting the City plan and provide a storm drain starting at 16th Street north along the pro- posed Euclid Avenue to connect with proposed 14th Street and inquiring as to tha practicability of rerouting the existing sewer main to follow the same route as the storm drain; and the City Engineer's recommendation that Mr. Anderson be advised to have his engineer contact the City Engineer's office, were presented. City Manager Osburn stated the staff report said the property in question was located on the NW corner of 16th Street of the proposed Euclid Avenue; tentative approval for the Delgado property for apartments has been made which is at the NE corner of the intersection; a sanitary sewer line and a 48" storm drain cross 16th Street into the vicinity of Euclid Avenue; final plane for the location of these sewer facilities have not been made at this time; it is recommended Mr. Anderson be advised to have his engineer contact this office in order that plans can be developed for our approval that will be acceptable to all concerned. Moved by Camacho, seconded by Hogue, the City Engineer's recommendation be approved. Carried by unanimous vote. 12/10/68 198 copy cf the communication frog the NATIONAL CITY RUBBISH SERVICE to the Camber of Commerce etating {,'rev will nave e truce: and operator in the South Bay Plaza parking area in the r -s of their .:Xf. ce t(.m 9:00 a.m. until 4:00 p.m. on Sunday, December 29th, and Sunday, Jau a:y 5tt, to take excess rubbish (excepting building materials or old auto pa-:>. ) at no charge, was presented. Moved by Camacho, seconded by Reid, the +^c?.meeeeation be filed. Vice Mayor Hogue suggested a letter of appreciation hH nent for such a gesture. Mayor Morgan requested the City Manager to write the letter. Carried by unanimous vote. An application for refund of a $25.00 performance bond by MR$. WALTER J. KLINERT, 516 Division Street, approved by the Engineering Department, was pre- sented. Moved by Camacho, seconded by Reid, the refund be granted. Carried by unanimous vote. A notice the BOARD OF SUPERVISORS will consider the suggestion for expansion of the Citizens' Interracial Committee of San Diego County at 2:00 p.m., December 9th, Room 310, 1600 Pacific Highway, was presented. Ordered filed by unanimous vote. A letter of retirement from CHARLES H. STROUP, Custodian, Building Services Division, effective at close of business February 28, 1969 and a letter from the Director of Public Works in regard to accrued vacation and sick leave,were presented. Moved by Hogue, seconded by Camacho, the resignation be accepted and a certificate of merit be presented. Carried by unanimous vote. Approval of step increases for GLENN THOMAS and CHESLEY MANOCK, Building De- partment, both approved by the department head and City Manager, were present- ed. Moved by Reid, seconded by Camacho, the step increases be approved. MAYOR MORGAN told Dr. George Parchen (present in the audience) it was a plea- sure to work with him during 1968 while he was serving as President of the National City Chamber of Commerce. CITY MANAGER OSBURN stated he had a copy of an agreement between the City of Chula Vista and the City of National City which relates to the traffic signals on National Avenue and C Avenue in Chula Vista; one of these lights is in National City; he recommended they be authorized to sign the agreement which is practically the same agreement they have with the County on the stop lights at 30th and Highland. Moved by Hogue, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN stated the Council meetings on December 24th and 31st were Christmas and New Year's eves and recommended the meeting scheduled for Decem- ber 24th be changed to December 23rd (Monday night) and a meeting not be held on New Year's eve; the next regularly scheduled meeting would be January 7th. Mayor Morgan stated there would be one more Council meeting before that time and they could adjourn that meeting to a recommended date. CITY CLERK MINOGUE reported receipt of a communication from the State Highway Engineer acknowledging National City's resolution supporting the southward extension of Interstate 15 to the Mexican Border and stating that a southerly extension of Interstate 15 using a combination of state routes 395 and 103 as proposed was included as a recommendation to the Bureau of Public Roads, CITY CLERK MINOGUE reported receipt of a letter, dated November 29th, from James F. Greene,Associate Commissioner Operations, Immigration & Naturaliza- tion Services, stating there is no authority under Federal statute whereby unaccompanied minors could be prevented crossing the Mexican border and that the San Diego police do control the movement of unaccompanied minors at the San Diego border stations under California law. CITY CLERK MINOGUE reported receipt of a letter from James F. Greene for the Attorney General of the United States, referring to his letter of November 29th pertaining to closing the Mexican border to minors. 12/10/68 199 CITY CLERK MINOGUB reported receipt of a letter from Vernon L. Sturgeon, Leg- islative Secretary to Governor. Ronald Reagan, expressing thanks for the reso- lution pertaining to closing the Mexican border to ::inors. CITY CLERK MINOGUE reported receipt of a letter from the City of Cypress stat- ing that although they support the r:ort:eol of i.arcotics, they were advised that procedures are in effect which prohibits su.:h crossings and that further investigation Of the problem was required prior to calling a hearing. CITY CLERK MINOGUE reported receipt of a letter from the City of Los Angeles stating National City's resolution was re:terred to the State, County & Federal Affairs Committee with the request they adopt a similar resolution pertaining to the closing of the Mexican border to minors. CITY CLERK MINOGUE reported receipt of acknowledgments of NatiorAl ty's resolution pertaining to the closing of the Mexican border to n64o r IYr,, the following cities which have adopted similar resolutions: OeliAhos Brea, Livingston, El Segundo, San Luis Chispo, El Cajon, Westminster, Vista and Maricapa. Vice Mayor Hogue inquired how many cities the resolution pertaining to the closing of the Mexican border to minors had been sent to. City Clerk Minogue stated it had been sent to 399 cities. Vice Mayor Hogue stated the next time they might think about this. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unani- mous vote. The meeting closed at 0:25 p.m. ATTEST: MAYOR, CITY t1F $4TIONAL CITY, CALIFORNIA 12/10/68