HomeMy WebLinkAbout1968 04-16 CC MIN265
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
April 16, 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:
Colburn, Hogue, Reid, Morgan. Absent: Harris.
ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McLean, Minogue, Osburn,
Stockman.
MAYOR M31GAN introduced National City's new Fire Chief, Lee Bacon, and Mrs.
Bacon.
The meeting was opened with salute to the Flag led by City Manager Osburn,
followed with invocation by the Reverend H. Stonier.Hemnett, St. Matthew's
Episcopal Church.
Moved by Hogue, seconded by Colburn, the Minutes of the regular meeting of
April 2, 1968 be approved. Carried by unanimous.vete.
BILLS AUDITED BY THE FINANCE COMMITTEE were presented:
General Fund . $ >-c, Si5, 4,5--
Traffic Safety 6,544.38
Capital Outlay 156.26
Park Fund 1,922.09
Retirement 14,838.82
Gas Tax 186.1 17,174.47
Sewer Fund 11,411.47
Civic Center 758.49 TOTAL a4663 473(efq.6,31(
Moved by Colbuxn, seconded by Reid, the bills be approved and warrants
ordered drawn for same. Carried by the following vote, to -wit: Ayes:
Colburn, Hogue, Reid, Morgan. Nays: None, Absent: Harris.
PAYROLL AUDITED BY THE FINANCE COMMITTEE for April 5, 1968 in the amount of
$76,305.75, was presented. Moved by Reid, seconded by Hogue, the payroll be
approved and warrants ordered drawn for same. Carried by the following vote,
to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. Absent: Harris.
CITY CLERK MINOGUE Presented her Certificate of the Official Canvass of the
Ballots and read the total vote for each candidate. The City Clerksaid
each of the elected candidates had submitted a statement of campaign expenses.
RESOLUTION NO. 9576, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD
IN SAID CITY OF NATIONAL CITY ON THE 9TH DAY OF APRIL, 1968, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW," was presented.
Moved by Colburn, seconded by Hogue, the reading of the resolution be waived
and it be adopted by reading of the title only. Carried by the following
vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan.; Nays: None. Absent:
Harris. The title was read. Moved by Colburn, seconded by Reid, the Resolu-
tion be adopted. Carried by the following vote, to -wit: Ayes: Colburn,
Hogue, Reid, Morgan. Nays: None. Absent: Harris.
RESOLUTION NO. 9576 must appear in the minutes in full and is as follows:
"RESOL.UTICN NO. 9576, A RESOLUTION & THE CITY COUNCIL OF THE CITY OP NATIONAL
CITY, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD
IN SAID CITY OF NATIONAL CITY ON THE 9TH DAY OF APRIL, 1968, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW,
4/16/68
266
"WHEREAS, a regular general municipal, election was held and conducted in the
City of National City, County of Sap Diego, State of California, on Tuesday,
the 9th day of April, 1968, as required by law; and
"WHEREAS, notice of said election was duly and regularly given in time, form
and manner as provided by law; that voting precincts were properly established;
that election officers were appointed and that in all respects said election
was .held and conducted and the votes cast thereat, received and canvassed
and the returns made and declared in time, form and manner as required by
the provisions of the Elections Code of the State of California for the
holding of elections in cities; and
"WHEREAS, pursuant to Resolution No. 9568 adopted the 26th day of March,
1968, the City Clerk of the City of National City canvassed the returns of
said election and has certified the results to this City Council, said
results are received, attached and made a part hereof as "Exhibit A."
"NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
"SECTION 1. That there were 29 voting precincts established for the purpose
of holding said election consisting of consolidations of the regular election
precincts in the City of National City as established for the holding of
state and county elections.
"SECTION 2. That said regular general municipal election was held for the
purpose of electing the following officers of said City as required by the
laws relating to cities in the State of California, to wit:
2 Members of the City Council of said City for the full
term of four years;
A City Clerk of said City for the full term of four years;
A City Treasurer of said City for the full term of four
years;
"SECTION 3. That at said regular general municipal election, the following
measures were submitted to the electors of said City, to wit:
LIBRARY BOND PROPOSITION: Shall the City of National
City incur a bonded indebtedness in the principal sum of
$150,000 to pay the cost of acquisition and construction
by the City of National City of a certain municipal im-
provement, to wit: expansion of the present public
library facilities including the construction of an
addition to the existing City Library and including the
acquisition of all furniture, fixtures, equipment and
other property necessary therefore?
SWEETWATER JUNIOR COLLEGE DISTRICT PROPOSITION: Shall the
proposed increase in the maximum tax rates from $.35 to
$.65, such rate to be in effect in the Sweetwater Junior
College District for the school years 1968-69 through
1972-73, inclusive, the revenues of which are to be used
to provide and maintain an adequate educational program,
be authorized?
"SECTION 4. That the whole number of votes cast in said City (except absent
voter ballots) was 4031.
"That the whole number of absent voter ballots cast in said City was 68,
making a total of 4099 votes cast in said City.
"SECTION 5. That the names of persons voted for at said election for Member
of the City Council of said City are as follows:
4/16/68
267
BILL HOGUE, J. LOUIS CAMACHO, J. DENIS MORAN, RUBEN RUBIO,
GEORGE H. WATERS, LAVERN ANDRFCS, GERALD HARRIS, JAMES R.
PRUITT
"That the names of the persons voted for at said election for City Clerk of
said City are as follows:
IONE MINOGUE, ELIZABETH BACKUS, BETTY AMES
"That the names of the persons voted for at said election for City Treasurer
of said City are as follows:
IDA MAE H. KERR, BETTY ST. JOHN
"That the measures voted upon at said election are as follows:
LIBRARY BOND PROPOSITION: Shall the City of National
City incur a bonded indebtedness in the principal sum of
$150,000 to pay the cost of acquisition and construction
by the City of National City of a certain municipal
improvement, to wit: expansion of the present public
library facilities including the construction of an
addition to the existing City Library and including the
acquisition of all furniture, fixtures, equipment and
other property necessary therefore?
SWEETWATER JUNIOR COLLEGE DISTRICT PROPOSITION: Shall
the proposed increase in the maximum tax rates from
$.35 to $.65, such rate to be in effect in the Sweetwater
Junior College District for the school years 1968-69
through 1972.73, inclusive, the revenues of which are to
be used to provide and maintain an adequate educational
program, be authorized?
"That the number of votes given at each precinct and the number of votes
given in the City to each of such persons above named for the respective
offices for which said persons were candidates (and for and against the
measure) were as listed in Exhibit "A" attached.
"SECTION 6. The City Council does declare and determine that:
BILL HOGUE was elected as Member of the City Council of said
City for the full term of four years;
J. LOUIS CAMACHO was elected as Member of the City Council
of said City for the full term of four years;
IONE MINOGUE was elected City Clerk of said City for the
full term of four years;
IDA MAE H. KERR was elected City Treasurer of said City for the
full term of four years
That as a result of said election, a majority of the quali-
fied voters voting on said measure relating to the LIBRARY
BOND PROPOSITION did not vote in favor thereof, and that
said proposition was not carried, and shall not be deemed
adopted and ratified.
That as a result of said election, a majority of the qual-
ified voters voting on said measure relating to the
SWEETWATER JUNIOR COLLEGE DISTRICT PROPOSITION did not
vote in favor thereof, and was so certified to the District
Superintendent, Sweetwater Junior College Di.strict, San
Diego County School Superintendent, and San Diego County
Registrar of Voters.
4/16/68
268
"SECTION 7. The City Clerk shall enter on the records of the City Council
of said City, a statement of the result of said election, showing:
(1) The whole number of votes cast in the city;
(2) The names of the persons voted for;
(3) The measures voted upon;
(4) For what office each person was voted for;
(5) The number of votes given at each precinct to each person,
and for and against each measure;
(6) The number of votes given in the city to each person, and
for and against each measure.
"SECTION 8. That the City Clerk shall immediately make and, upon compliance
by the persons elected with the provisions of Section 11565 and Section 11568
of the Elections Code of the State of California, shall deliver to each of
such persons so elected a Certificate of Election signed by her and duly
authenticated; that the County Clerk and City Clerk shall also administer to
each person elected, the Oath of Office prescribed in the State Constitution
of the State of California and shall have them subscribe thereto and file
the same in her office. Whereupon, each and all of said persons so elected
shall be inducted into the respective office to which they have been elected.
"SECTION 9. That the City Clerk shall certify to the passage and adoption of
this resolution; shall enter the same in the book of original Resolutions of
said City; and shall make a minute of the passage and adoption thereof in
the records of the proceedings of the City Council of said City, in the
minutes of the meeting at which the same is passed and adopted."
Exhibit "A" attached. (Page 268-A)
CHIEF DEPUTY COUNTY CLERK JESSE OSUNA administered the oath of office to
City Clerk Minogue. City Clerk. Minogue administered the oath of office to
the newly elected officials: Councilman J. Louis Camacho, Councilman Bill
Hogue, and City Treasurer Ida Mae H. Kerr.
The newly elected Councilmen were seated.
COUNCILMAN CAMACHO thanked the people of National City for their faith in him
and expressed the hope he would be worthy of that trust; he stated his wife
was in the hospital and unable to be present and introduced his mother-in-law,
Mrs. Pemberton, a family friend, Mr. Jentz, and his son and daughter-in-law,
Joseph and Janice Camacho.
COUNCILMAN HOGUE stated he had enjoyed the previous four years as councilman
and thanked those who had confidence in him; he introduced Mrs. Hogue.
CITY TREASURER KERR expressed her thanks to the voters and said she had had
a good eighteen years and hoped to have four more good years.
CITY CLERK MINOGUE expressed her appreciation to the voters in returning her
to office.
MAYOR MORGAN recommended Bill Hogue be appointed Vice Mayor and Chairman of
the Conference Committee and Finance Committee; he recommended all five
members of the Council serve on the Finance Committee. Moved by Colburn,
seconded by Reid, the Mayor's recommendation be approved. Carried by
unanimous vote.
Council members present: Camacho, Colburn, Hogue, Reid, Morgan.
RESOLUTION NO. 9577, "RESOLUTION ORDERING TRANSFER OF A PORTION OF SALES TAX
TO SPECIAL STREET FUND ($54,000.00)," was presented. Moved by Colburn,
seconded by Hogue, the reading of the resolution be waived and it be adopted
by reading of the title only. Carried by unanimous vote. The title was read.
Moved by Reid, seconded by Hogue, the Resolution be adopted. Carried by
unanimous vote.
4/16/68
tMUNICIPAL ELECTION
APRIL 9, 1968
,;if ICIAL CANVASS
EXHIBIT "A"
Page :
2'S8A•
.
're
For member of CITY COUNCIL:
TREASURER
CLERK
LIERARY
JR. COLLEGE
TOTAL
HOGUL
CA\i CH9 MORA;�
RUBIO
WATERS
WI
KERR
WI
MINOGU
�,rl
YES
NO
YES
NO.
1_
50
81
19
35.
31
95
90
54
54
42
69
:119
2
71
107
22
26
56
130
129
69
76
45
94
155
I13
78
101
42
24
34
-
123
121
65
81
52
91
152
43
82
22
23
41
101
100
42
70
38
73
115
87
118
28
29
34
137
133
82
68
63
88
156
6
75
115
28
30
26
126
129
82
62
• 72
71
145
7a,
69
111
44
20
51
l
134
133
84
67
78
74
156
8
88
114
26
29
40
144
146
91
67
75
83
160
88
109
26
20
41
135
133
67
80
60
90
151
72
81
35
20
55
3
120
120
72
65
67
70
139
`
84
121
55
28
53
al'
d' r
148
145
-.nazi
Dz._
-
- 83
95
64
113
185
.2
71
103
10
• 19
45
119
119
69
65
59
74
141
3
64
102
22
11
45
103
103
64
58
55
66
130
14
54
119
29
26
50
119
114
86
58
58
82
148.
.5
89
138
30
35
52
161
155
90
83
59
107
18
6
56
134
19
60
45
136
137
81
78
78
83
17
.7
51
112
18
26
36
100
98
61
65
55
70
1321,
64
105
26
7
-49
`'1
118
113
77
53
64.
66
9
90
121
'
41
26
53
146
151
83
85
64
100
171
0
90
149
30
36
43
F�ci
157J,Dian1
1ty
163
_,, Lcy
80
95
65
111
lc
lea
1
72
101
23
22
46
117
121
59
74
50
82
137
12
80
113
32
25
43
142
137
65
92
60
98
1-9i
70
95
28
24
35
111
110
57
74
43
89
135
44
87
140
69
41
.
481,
a? e
^fitt
S
162
-
159
85
120
67
135
207j
35'92
138
43
31
60
176
175
82
116
70
129
205!
41
73
29
23
38
89
88
55
53
41
65
1131
7
15
32
9
10
15
42
41
16
28
16
28
441
8
36
51
16
8
i
15
:x:a;
Parrs
1
}
60
64
4C
28
32
32
1
621
UT
1927
2966
826
715
-
1180
*
.
Johb
3451
t 1.
1
3228
" 1'
Am.:,-
1 '
-
1941
2010
.1592
4
2333
4299
H031flI CAMACHO t ORAN RU}1IO WATERS WI KERR WI
*6 Harris
1 Andress
' 1 Pnli tt
I hereby certify the above to be the results
the ballots of the Mc:nic::ipa1 Election held
Dated: April 11, 1968 -
MINOGUE
of the
on Tuesday
WI YES
LIBRARY
official
April2
,.^.
NO YES NO TOTAL
JR. COLLHGE
canvass of
1968'
."..L.,''eY"----
269
RESOLUTION NO. 9578, "RESOLUTION ORDERING TRANSFER OF A PORTION OF SALES TAX
TO DRAINAGE FUND ($55,000.00)," was presented. Moved by Colburn, seconded
by Reid, the reading of the resolution be waived and it be adopted by reading
of the title only. Carried by unanimous vote. The title was read. Moved
by Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous
vote.
Moved by Hogue, seconded by Reid, the reading of the following three resolu-
tions be. waived and they be adopted bj reading of the titles only. Carried
by unanimous vote. •
RESOLUTION NO. 9579, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND
CLOSE A PORTION OF "C" AVENUE BETWEEN 18TH STREET AND 21ST STREET." Moved
by Colburn, seconded by Reid, the Resolution be adopted. Carried by
unanimous vote.
RESOLUTION NO. 9580, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(Stanley, Kaesser, Whelan, and Boyle)." Moved by Reid, seconded by Colburn,
the Resolution be adopted. Carried by unanimous vote.
RESOLUTION NO. 9581, "RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT
TO THE AGREEMENT BETWEEN THE COUNTY OF SAN DINGO AND THE CITY OF CHULA VISTA
AND THE CITY OF NATIONAL CITY (County Contract No. 3865-5050-E/R)." Moved
by Reid, seconded by Colburn, the Resolution be adopted. Carried by
unanimous vote.
ORDINANCE NO. , "An Ordinance Amending Ordinance No. 962, Zoning Ordinance
of the City of National City, California Affecting Properties within the
City of National City Lying East of National Avenue, South of 30th Street
in the Sweetwater Valley Establishing Flood Plain Zoning," was presented for
the first reading. Moved by Colburn, seconded by Reid, the reading of the
Ordinance be by title only. Carried by unanimous vote. The title was read.
COUNCILMAN C)LBURN stated in the vicinity of 8th Street and Harbor Drive and
the San Diego City limits and a portion of 8th Street where Wilson Avenue
had been dedicated but not used there was a considerable parking of vehicles
and room for planting of bushes, flowers, trees, etc. Moved by Colburn,
seconded by Hogue, the City Manager be authorized to make a study of the
area and report regarding the possibilities of improving that area. Carried
by unanimous vote.
COUNCILMAN COLBURN stated he asked for a report from the City Attorney
regarding the City's legal holidays and the legality of the City's fixing
holidays (not normally national holidays) which fall in the middle of the
week to fall at the beginning of the week or at the end of the work week.
Moved by Cblburn, seconded by Reid, the report be referred to the Finance
Committee during budget sessions for a study and recommendation. Mayor
Morgan said he did not think this would be an increase in money to be paid.
Councilman Colburn said he requested its referral to the Finance Committee
as it might have a value as to the pay, incentive, etc. Vice Mayor Hogue
inquired if they could include in the motion that City Manager Osburn give a
recommendation on this. Included in motion and second. Carried by unanimous
vote.
VICE MAYOR HOGUE requested a report on the status of the improvement of "Q"
Avenue south from 4th Street. City Manager Osburn said he could give the
report now: there is one right of way that has not yet been dedicated which
is the hold-up on the street at this time; they were still negotiating.
Vice Mayor Hogue asked for a report within two to four weeks.
MAYOR MORGAN stated due to the election of Mr. Camacho to the Council, there
was a vacancy on the Civil Service Commission and he recommended the appoint-
ment of Mr. Alex Torres, 1931 Wilson Avenue, to fill the vacancy. Moved by
Hogue, seconded by Camacho, the Mayor's recommendation be approved. Carried
by unanimous vote.
4/16/68
270
MAYOR MORGAN stated Mr. Louis Tompkins resigned from the Planning Commission
and recommended the appointment of Mr. Frank. Perez, 820 Ethel Place, to fill
the vacancy. Moved by Hogue, seconded by Camacho, the Mayor's recommendation
be approved. Carried by unanimous vote.
The Mayor's proposed proclamation of "PUBLIC SCHOOLS WEEK IN NATIONAL CITY
(April 22 - 26, 1968)" was read. Moved by Colburn, seconded by Reid, the
proclamation be approved. Carried by unanimous vote.
The Mayor's proposed proclamation of "COURTESY IS CONTAGIOUS WEEKS (April 20 -
May 4, 1968)" was read. Moved by Reid, seconded by Hogue, the proclamation
be approved. Carried by unanimous vote.
VICTOR IVIE, 3231 Alta Drive, was present and announced next Saturday and
Sunday (April 20th and 21st) at Balboa Park there will be the San Diego
County Orchid Show; since the orchid is our official City flower, he urged
everyone to attend. Councilman Colburn said if there was to be representa-
tion from National City, it might be possible to display our flag; he asked
that the City Manager check to see if this would be possible.
JOHN F. GROSE, 107 E. 4th Street, was present and stated on April 9th the
voters of National City voted overwhelmingly against the bond issue for the
Library for the second time in seventeen months; the measure which needed a
two-thirds majority to win failed to get a simple majority and was defeated
by a total of 1,077 votes which were needed to pass; this was not near the
misleading total of 68 votes as quoted in the Star News; this 1,077 total
was 38 votes more than Mr. Camacho had over his nearest opponent but accord-
ing to the Star -News, "Mr. Camacho won by a landslide and the bond election
was close." Mr. Crobe said an editorial in the Star -News congratulated the
people for electing the councilmen and in the next editorial said these same
people did not know enough to vote on bonds; he inquired with two staggering
defeats on the bond issue if it meant the issue was dead. Mr. Grobe con-
tinued, before the votes were officially tallied, Mayor Morgan and the Star -
News were figuring ways to circumvent the will of the people by having a
third election or by using other means to have this unwanted improvement.
Mr. Grobe stated the Mayor must remember he was elected by these same voters
of National City and has a mandate to follow the wishes of the majority; he
believed a majority of the voters have demonstrated they do not wish to be
saddled with any more long term indebtedness.
GEORGE WATERS, 1342 Carol Place, was present and congratulated Mr. Hogue
and Mr. Camacho on their election as councilmen; he said he did not feel he
really lost the election as someone had to be runner-up; he found that he had
close to 1200 friends in the City. Mr. Waters thanked the Council for
appointing Mr. Perez to the Planning Commission and stated as Chairman of
the Planning Commission he would work just as hard or a little bit harder
than he had before to help the people. Mr. Waters said he particularly
enjoyed watching the Mayor during the election; .he was a good politician.
CLYDE HOGUE, CITY CAB COMPANY, was present and requested an additional taxi
permit. City Manager Osburn stated some time ago they established the number
of cabs to be licensed in National City and that any cabs over and above
this number would require the prospective licensee to prove public convenience
and necessity to the Council; they were at their maximum without proving
convenience and necessity. Mr. Hogue said his operation was strictly in
National City and he only had one cab. Vice Mayor Hogue said Mr. Hogue
should submit a paper to the Council indicating there was a need for more
cabs in the City and providing them with information that would guide them
in deciding whether or not they would want to increase the number in the
City. Mayor Morgan asked the City Manager to discuss this with Clyde Hogue
and to come up with something to put on next week's Agenda. City Manager
Osburn asked Mr. Hogue to give him a call.
The HEARING ON THE RESOLUTION OF INTENTION NO. 9555 FOR THE 1911 ACT IMPROVE-
MENT OF 27TH STREET, 29TH STREET, C AVENUE, ASSESSMENT DISTRICT NO. 148, was
held at this time. City Clerk Minogue stated the Certificate of Publication,
4/16/68
271
Affidavit of Mailing of Notices and Affidavits of Posting the Notices were on
file; she received twenty-four written protests which included a couple
duplicates (Alvis J. and Elizabeth M. Thomas, 337 East 29th Street; Mitchell
and Georgia Guarano, 410 Harbison Avenue; H. L. and Elizabeth A. Holt, 304
E. 29th Street; Bessie J. McNiel, 312 E. 29th Street; Lloyd E. and Myrtle
Johnson, 300 E. 29th Street; Steve J. and Velma R. Pavka, Rt. 1, Box 70-A,
Paonia, Colorado; Henry and Lucile Sage, 2715 A Avenue; E. Merle Stedman,
2725 C Avenue; James L. and Geraldine N. Pura, 333 East 29th Street; Albert
and Kathleen Taylor, 301 E. 29t.h Street; James D. and Yolanda Hughes, 2624
D Avenue; Alvis J. and Elizabeth M. Thomas, 337 E. 29th Street; Lloyd E. and
Myrtle Johnson, 300 E. 29th Street; Andrew J. Lunney, 6231 Cumberland St.,
San Diego; Tommie L. Miller, 305 E. 29th Street; James L. and Geraldine N.
Pura, 331 and 333 East 29th Street; J. L. and Geraldine N. Pura, 2924 and
2926 D Avenue; Carlton L. and Jayne L. Elliott, 2133 Paradise Street, San
Diego; Lloyd C. Johnson and Marynell E. Johnson, 240 E. 29th Street; Trinidad
Contreras and Benito Contreras, 2711 B Avenue; F. Forbes and Isabel A.
Mournian, 2721 B Avenue; Bessie J. McNiel, 312 E. 29th Street; Mildred S.
Jordan, 315 E. 27th Street; and Jack E. Brown 2305 Van Ness Avenue). City
Manager Osburn said as of 3:00 p.m. this afternoon they had 66% protests
regarding this improvement. Moved by Reid, seconded by Colburn, the City
abandon the project. Vice Mayor Hogue inquired if any tax monies were
invested in drainage in this project. City Manager Osburn said they were
not. Vice Mayor Hogue asked if the improvement was requested by the Council
or the people living there. Mayor Morgan said there were two petitions by
the people: one on 29th Street and one on 27th and C. Vice Mayor Hogue
inquired how much money the City spent on the project. City Engineer Foster
said they had done all of the engineering on the job; they had included
$8,000.00 for incidental expenses and probably two-thirds of that was
engineering costs. Vice Mayor Hogue said if the people circulate a petition
to get their streets repaired and the City spends tax monies to set the
program up for them, it is a waste of tax monies unless they could do
further work on this and try to get it through. Mayor Morgan asked if the
Council could override a protest of this majority. City Attorney McLean
said they could override a protest by four -fifths vote of the Council or
the hearing could be continued to a time with the view of eliminating the
protests with further contact with the people or they could abandon the pro-
ject; if they abandoned it, they could not institute a similar proceeding
within one year unless four -fifths of the Council elect to go ahead at a
shorter period of time. Councilman ramae'ho said since so much money had
been spent on this, there must be some reason the petitioners had not to see
this through. F. Forbes Mournian, 2721 B Avenue, was present and said the
petition for 27th and the 2700 block. on C Avenue was signed about eight
years ago by six people on the eastern end of 27th Street and three people
who had property on the 2700 block of C Avenue; there are only four houses
that front on the 2700 block. of C Avenue; the initiator of the petition has
since sold and moved, two of the other original signers have sold and moved
and no longer concerned; those people who now live on that "block. of C Avenue
do not have any particular desire to have this street paved; they were
against the excessive cost and no sidewalks; the plans show 27th Street is
to be paved but on the south side there will be curbs and gutters only (no
sidewalks); one reason on 27th Street for disagreement (among those who
already have the sidewalks, curbs and gutters i.n at their own expense and
those who live on the south side and have nothing in) is that they don't
like the costs; those who have installed their own curbs, gutters and side-
walks fail to see why they appear to be penalized by the difference in costs
or assessment between their property and that directly across the street
which is not improved. Mr. Mournian said i.n the case of 29th Street, that
petition was circulated and signed on a 90% basis about six years ago; the
people on 29th Street are concerned much the same way as those on 27th
Street; it is felt generally within this assessment district that there must
be a better way that is less expensive; they understood the policy of the
City (if the residents of an area get together and install their curbs and
gutters) is to bring the street to grade and pave it; an example of that is
on "A" Street between 26th and 27th Street which looks like good paving.
Mr. Mournian said on the Planning Commission map 27th Street is shown as
being a through street but they all know it i.sn't at present; people on 29th
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272
are concerned about that; if they're hit once by the 1911 Act for the paving
of the existing area from the 200 block up through the three hundred block,
they're concerned that they may be hit again if 29th Street goes through;
there are a great many things against this 1911 Act street improvement:
prices, the way it's done, outdated petitions which do not reflect the will
of the people now; maybe the money spent on engineering had not gone down
the drain; perhaps the work the engineering department has done could be
later applied to some other way of getting these streets paved. J. W.
Kirby was present to speak. Mayor Morgan stated there was a motion on the
floor to abandon the project; if the motion carries, it's dead anyway and
there was no use sitting there hearing it. Vice Mayor Hogue inquired if
Mr. Kirby wanted to speak in favor of the motion or against it. Mr. Kirby
said he would speak for one property owner in this area who was against the
improvement. Motion carried, by the following vote, to -wit: Ayes: Hogue,
Reid, Morgan. Nays: Camacho, Hogue. Mayor Morgan announced this project
was abandoned. Mr. Kirby said he was speaking for Carlton Elliott, corner
of 27th and C; this petition was signed eight years ago and at that time one
set of conditions existed; his estimated cost was $300.00; today it is over
$1200.00 and the same set of conditions do not exist and he no longer lives
there. The vote was again read as requested by the Mayor. Ayes: Camacho,
Colburn, Reid, Morgan. Nays: Hogue.
VICE MAYOR HOGUE inquired how many 1911 Acts have been protested out by the
people because of old petitions. City Manager Osburn said he wouldn't
venture a guess until they checked; he could give them a report on it if
they so desired. Vice Mayor Hogue said they should take a look at this
because they shouldn't spend tax money until they reviewed these old peti-
tions. Mayor Morgan said regarding some people having higher costs, when he
met with the people, it was pointed out to them that the person who had the
higher cost who had his curbs and sidewalks in, in every case, he had the
largest piece of land; if you have a large piece of land, you should expect
to have higher costs than someone with a smaller piece because your benefits
were more.
The USE DISTRICT HEARING ON THE PROPOSED AMENDMENT TO ORDINANCE NO. 962,
ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, ESTABLISHING THE CRITERIA FOR
STORAGE AND/OR IMPOUNDING OF WRECKED AUTOMOBILES IMPOUNDED BY THE POLICE
DEPARTMENT was held at this time. City Clerk. Minogue stated the Certificate
of Publication was on file. Director of Planning Stockman presented the
Planning Commission recommendation the ordinance be approved. Roger Maurais,
1708 Cleveland Avenue, was present and said Section I(A) states, "Any
authorized garage, body shop or auto dealer may store, for a period not to
exceed thirty (30) days, in a building, out of public view, disabled,
dismantled or wrecked motor vehicles, provided said motor vehicle is stored
at said establishment for repair," and inquired if a service station was
considered a garage. Director of Planning Stockman said it would have to be
an authorized garage, body shop or auto dealer; it does not say anything
about a service station; a service station in most categories is not classi-
fied as a garage. Mr. Maurais said in the same section it states "in a
building" and inquired what type of building they were talking about. Mayor
Morgan said i.t would have to have four walls and door in front to be out of
public view; it couldn't be just a shed set up as you could see through that.
Councilman Colburn inquired if they could have the attorney's intrepretation
of one point here as they go on. Mayor Morgan said Mr. Maurais was just
reading the ordinance and asked if the Council understood the ordinance.
Councilman Colburn said he thought he did but Mr. Maurais brought up a point
that he wanted to question. Mayor Morgan said he thought the Council knew
what was in the ordinance. Councilman Colburn said he agreed to a certain
extent; under Section I(A) where it says "in a building, out of public
view," did that mean i.t should be either in a building or out of public view
or does that mean in a building which was out of public view. City Attorney
McLean said he couldn't read the mind of the Planning Commission in what they
were thinking of when they approved the draft ordinance; normally, a building
was a structure with four walls and a roof; he didn't recall any discussion
of the Planning Commission about what effect that might have on existing car
dealerships. Councilman Colburn said he would like to cite as reference
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273
Brown Motors; they have on the west side of National Avenue a body and repair
shop between 21st and 23rd Street; the building is an open front building and
within that building they do their workbut he knew they could never store
all the cars they repair within that building for a long period of time; he
was sure this ordinance would affect more than that business; he felt if
they passed this ordinance, they would either embarrass a lot of businesses,
they could wink at the law until they conform or put them completely out of
business until they build a lot of new buildings to house wrecked autos
waiting for repairs to be made, waiting because the insurance companies don't
authorize repairs the day the car is in a wreck; this item should be clari-
fied because they were embarrassed before by adopting an ordinance they
couldn't live with. Mr. Maurais said under Section I(B) it said "The
permittee must be a successful bidder of a contract with the City of National
City to participate in the assignment of service calls on police impounded
automobiles," and asked if not being a successful bidder nor wanting to be a
successful bidder, was it possible for a company like his to be in the auto-
mobile business (garage and towing) and having to store wrecked automobiles,
or to get a special use permit without necessarily being a successful bidder
for the City. Mr. Maurais said it appeared to be impossible to be in this
business in National City. Mayor Morgan asked the City Attorney if he could
answer that. City Attorney McLean said he did not know whether it was
impossible or not; he wouldn't answer that but it was true that a towing
company that does not have the police contract cannot store wrecked vehicles
within the City limits. Councilman Colburn said that was a fact but it was
a fact if you're in the towing business and you have a garage business then
you can store according to Section I(A). City Attorney McLean said if he
has a garage, he can store a wrecked vehicle at his garage if it's there for
the purpose of being repaired; this gentleman here has two businesses: he has
a towing and storage business and a repair business; he wouldn't want him to
come to the conclusion that he can tow a car off the City street and store
it on his lot in the hopes that sometime within the next thirty days he was
going to get the repair contract because in his opinion that type of activity
would violate this ordinance. Councilman Colburn said he would like to cite
another example: suppose his automobile was involved in an accident and he
chose to have the Ford Motor Company tow the car in because his car was a
Ford; they towed it into their yard and stored it and during the time that
estimates were being made, a lesser price was offered for repairing than had
been offered by the Ford Motor Company; it was removed from that point to
another point for the repairs; during the time that the vehicle was stored
at the Ford lot, i.t was only stored there until the insurance company
released it to be repaired. Mr. Colburn continued, i.f this was their
practice and they were not the successful bidder but did have the garage
and repair service and tow truck, then they would be in violation of this
ordinance unless this was clarified. Mayor Morgan said as he understood
this ordinance, it was to get these cars off the street and into the place
where they would be repaired; these wrecked cars are scattered all over
town. Councilman Colburn said if he had a garage license to repair cars,
he would assume if someone chose to have his c opany tow the car, even though
it wasn't one with the police contract, then he should be allowed to store
it because... Mayor Morgan said he was going t o be allowed to store it if
he has a mechani.c's shop but it would have to be in the proper place accord-
ing to the ordinance. Councilman Colburn said the City Attorney just said
he couldn't tow it and store it under the assumption he was going to get the
bid; it could be stored there only when he has the order to repair it. Mr.
Maurais said that was just what he was getting to; the explanation given by
the City Attorney stated for a fact that he couldn't tow a car into his
place under his towing business in National City if it was a wrecked or
dismantled automobile unless he was sure he was going to repair that car; he
would bid on the car for the repair workbut there was a 90% chance he wculd
not get it, so unless he was a successful bidder he could not bring it in.
Mx. Maurais inquired of the City Attorney if that was correct. Mayor Morgan
told Mr. Maurais to go ahead and make his report. Mr. Maurais said that was
quite embarrassing; this was a question that should be answered and questions
that would be coming up; it was awfully hard to go any further. Vice Mayor
Hogue inquired if it was possible for Stanley -Dodge to take a wrecked car off
the street and store it in a building and repair i.t. City Attorney McLean
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274
said the problem was this: he doesn't advise the Planning Commission as to
the wisdom of these restrictions; he just drafts them when they have decided
what they want to put in; he didn't want to be in the position of advocating
if any particular restrictions were wise; the ordinance says an authorized
garage etc. can store a wrecked car for thirty days, and so on, provided
said motor vehicle was stored at said establishment for repair; this language
does not contemplate a towing company storing wrecked cars on their property
and not in fact having the contract to repair that car; this ordinance does
not contemplate storing wrecked cars on a speculative basis. Vice Mayor
Hogue said in Section I(B) it says "The permittee must be a successful
bidder of a contract with the City of National City to participate in the
assignment..."; in other words, Stanley would not be eligible to take calls
from the Police Department, only the people holding the contracts, but if
his automobile were wrecked, he could ask that Stanley take the car and he
could do it. City Attorney McLean said that was correct; it could be given
to Stanley to repair; what the problem was that people would say "I want to
tow a wrecked car and keep it at my place where I have a garage but I don't
have a contract to repair that car; I'm hoping I might get it but it may
turn out twenty days later that I'm going to tow that car to another reapir
yard;" that is not allowed under this ordinance. Mayor Morgan said it was
a good ordinance up to this point and asked Mr. Maurais to go ahead.
Councilman Colburn stated this was not an enforcable ordinance without having
extra policemen standing by the garage doors to check every vehicle that
comes in; in referring back to .his example, his car was stored; it was towed
in by his request; he chose the Ford Company but a bidder bid lower than
Ford, so it was transferred; in essence, they would have to have a policeman
there to checkthe car when it came in and find out if they ever bid on it
and if they didn't get the bid to repair it, they would be in violation of
the ordinance; this should be straightened out as they go along; he would
refer this portion of it back to the Planning Commission to either open it
up to where all garages could tow and store so long as they were an authorized
garage and not limited to the ccntracts that they have with the Police
Department so the vehicle could legally be stored there and then be removed
to another garage for repairs. Mayor Morgan said in other words they might
just as well go back to what they had before. Vice Mayor Colburn said he
did not say that. Mr. Maurais said in Section I(B) by deleting "the permittee
must be a successful bidder," then the rest of the ordinance here c cold be
applied to the people in the towing business in National City; in other
words, he would have to comply with the lot, the lighting, the asphalt, the
beautification and everything else; but he would still be authorized to do
business in National City. City Attorney McLean said Section B does not
refer to storing wrecked vehicles for repairs; Section B is a permit to
engage in the storage of wrecked vehicles; it i.s not the same. Mr. Maurais
said in Section I.(D, 1), "The storage area must be in a building or
enclosed by a solid fence or wall at least 8 feet i.n height," it does not
mention anything about new, used or any type of material; when you go down
to 5. it says, "Gates in the fence or wall surrounding the storage area
shall be constructed of new material, the same height as the fence or wall;
he thought this was rather confusing. Mayor Morgan told Mr. Maurais to go
ahead and they would then have the City Attorney to interpret the ordinance
to them. Mr. Maurais read Section II, "A Special Use Permit granted under
the provisions of this ordinance will expire upon the termination or cancell-
ation of a Permittee's police towing contract with the City of National
City," and said he wanted to state his opinion against this section for the
simple reason if a man does not desire to do work for the City Police, he
doesn't have to, but he can't stay in business. Charles Brockway, A and R
Body Shop, 2836 National Avenue, was present and said he didn't understand
this: there were many people like himself who could not within the next
twenty years build a building sufficient to store the number of cars they
must have in their yards to work on; last week they had 23 vehicles; some for
polishing and detail, some for body repairs, and some for painting; if they
had to put them indoors, he could not afford it; they just couldn't stay in
business; he didn't understand this "in a building." Mr. Brockway said he
had two out of state vehicles waiting for approval at the present time
waiting for approval from their insurance companies; if they had to store
them in a building, they would have to work out in the yard. Mayor Morgan
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275
inquired if these were wrecked cars. Mr. Brockway said they were wrecked
cars. Vice Mayor Colburn inquired if he meant by "wrecked cars" that they
were cars that had been involved in an accident. Mx. Brockway said they
were wrecked in National City. Mayor Morgan inquired if he had a contract
with the City of National City to tow these wrecked cars. Mr, Brockway said
they do not tow any cars; the cars are brought in to them; what he wanted
was an interpretation of "in a building." Mayor Morgan asked the City
Attorney to interpret the ordinance fix the Council. City Attorney McLean
said he could anser those questions. Vice Mayor Hogue said the problem was
semantics: they were talking about cars actually involved in what they call
a major wreck, not just the scraping of a fender; and asked what was meant
by disabled, dismantled or wrecked motor vehicles? Vice Mayor Hogue said
evidentally Mr. Brockway may be just storing a car that bumped a light post
and was in there to get the fender repaired or something like that; the
problem was perhaps what type of car they were talking about. Mayor Morgan
said for them to let the City Attorney to go ahead and explain this to them
without any interruptions. City Attorney McLean said, "storage areas had to
be within a solid fence or wall and it would help to clarify that by stating
there is another ordinance that requires that to be of new material or
masonry; he agreed it was a little inconsistent when they specify new
material in the gate when it's implicit you have to comply with the other
ordinances, but that could be added for clarification. Going back to what's
a building? A buildi.ng's normally considered to be a structure that has
four walls and a roof. What is a wrecked vehicle? Unless you define the
term in the ordinance itself, then the words take the meaning they have in
ordinary life; there wasn't any attempt here to spell out that if 10% of the
car was damaged, it was not wrecked; but if 50% is, it was wrecked. Maybe
one reason was the fact that this proposed ordinance was considered by the
Planning Commission primarily as it related to the police towing contracts;
that's how it got before the Planning Commission. The other things that
have been brought up tonight about the body shop, for example, Uoesn't have
enough money available,' 'there isn't enough money i.n that kind of business
on a small basis to support an enclosed operation;' those kinds of questions
weren't presented very well at the Planning Commission and were not really
analyzed by the Planning Commission; they were thinking basically about a
different kind of problem. The City Attorney said it was true that this
special use permit to store wrecked vehicles would only be available to people
who have the police contact. Vice Mayor Hogue asked if the City Attorney
thought it would clear it up a little in Section I if they knocked out the
words, "wrecked motor vehicles" as they pertained to disabled and dismantled
vehicles, in other words, a car that could not move on its own. City
Attorney McLean said a car that got into some kind of minor scrape and drove
into a body shop to have the paint fixed up, wouldn't fall in anybody's idea
of a wrecked car; it certainly would not be disabled and it would not be
dismantled; you might have a car which in a sense was dismantled in that
parts had been removed, yet it wasn't disabled as you could turn the engine
on etc.; to avoid those kinds of disputes you try to pick enough generally
descriptive words to communicate what you're talking about; we could get
into a real complicated exercise in semantics in trying to think of every
conceivable fact situation that could arise i.n the future and describe it
here; he didn't think that would work; there seems to be one big objection:
this ordinance as presently proposed would not allow the speculative towing
repairing service to operate and store the cars in National City; the second
big objection is the requirement that all storage of vehicles to be repaired
have to be inside a building; .he doubted that would affect the big car
dealers but it apparently would affect the small dealers; the third objec-
tion that seems to be expressed is that you shouldn't restrict the special
use permit to only (and a special use permit is to store wrecked cars, not
just to repair cars) the tow companies who have the police contract; all
three of those things are policy decisions; it is not a legal problem;
it's just what do you want in terms of restrictions." Mayor Morgan asked the
City Attorney if they could live with this ordinance. City Attorney McLean
said that was not a question that the lawyer should answer; what the effect
of the ordinance was going to be in its practical consequences; he could tell
them what he thought the ordinance meant legally, but it was the Council that
had to decide what it meant practically to the people affected. Councilman
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276
Colburn said this ordinance was referring to and providing for the issuance
of special use permits for the storage and/or impounding of wrecked auto-
mobiles and it probably should be added on to tie in with the towing con-
tract that the City lets and then take this ordinance and have it pertain
to those who have the contract; strike out number A under Section I com-
p'etely as this is confusing; we have other ordinances in National City on
business licenses for garages, service stations and any kind of business we
have ordinances that cover; yet this ordinance under Section I(a) states "Any
authorized garage, body shop or auto dealer may store etc. in a building;"
now, if we call a building a four -walled structure with a roof and a door,
we have eliminated every new car dealer in town because they cannot under
this ordinance legally store any more vehicles for repairs because even
though they .have brand new beautiful structures, out of sight of the public,
they are lean-tos; they are very large and very atrractive, but they are
lean-tos; they have three wale and a roof and the whole front is open; they
don't have a garage door or even a curtain to pull; they store vehicles
within a closed area from view but they store vehicles that rain comes down
on, so that is not within a building; if they adopted this with Section I(A)
included, they would either wink at the law if they allowed them to operate
or they would put all of them out of that portion of business and the small
body and fender repair shop out of business completely until they cculd
build a building; if they adopted an ordinance that eliminated the concern
over any authorized garage and let that come under another ordinance, they
could adopt an ordinance that would sufficiently cover the towing under a
contract then they could state that no towing company c azld store wrecked
vehicles unless they had a police contract or unless they were an authorized
garage. City Attorney McLean said they were going around on the third
analysis of this; the primary piece of business before the Planning Commission
was what to do about the police towing contract and the other wasn't really
explored with some of these criticisms in mind; it might be if he took this
back to the Planning Commission and Mrs. Stockman and he had in mind what
the Council said tonight, they might solicit some more comments from the
car dealers; frankly, they hadn't shown up yet and that may be part of the
problem; possibly, if they gave them another invitation to tell them how
they think all of this would work out as part of the repair business...
Moved by Colburn, seconded by Camacho, this hearing be continued to May 21
and it be referred backto the Planning Commission for further report.
Carried by unanimous vote.
The HEARING ON THE RESOLUTION OF INTENTION NO. 9551 FOR THE 1911 ACT IMPROVE-
MENT OF 17TH STREET, N AVENUE, ASSESSMENT DISTRICT NO. 138 was held at this
time. City Clerk Minogue stated the Certificate of Publication, Affidavit
of Mailing Notices and the Affidavits of Posting Notices were on file; she
received three letters, at least one of which could be considered a protest:
(Mrs. Ethel Bell, 1431 E. 18th Street; Mr. & Mrs. Robert E. Bruner, 2124
Hebron, Apartment C, Zion, Illinois; Russel & Margaret Bigelow, 3090 Rattalee
Lake Road, Holly, Michigan). City Engineer Foster said they had compiled the
written protests in this matter and the protests took in a little over 6% of
the area. No one was present in this regard. Moved by Hogue, seconded by
Colburn, the hearing be closed and the matter be referred to the City
Engineer and the City Attorney for further processing. Carried by unanimous
vote. Moved by Hogue, seconded by Reid, the reading of the two resolutions
pertaining to the improvement be waived and the be adopted by reading of
the titles only. Carried by unanimous vote.
RESOLUTION NO. 9582, "RESOLUTION ORDERING WORK, 17TH STREET, N AVENUE,
ASSESSMENT DISTRICT NO. 138." Moved by Hogue, seconded by Reid, the Resolu-
tion be adopted. Carried by unanimous vote.
RESOLUTION NO. 9583, "RESOLUTION ADOPTING A WAGE SCALE, 17TH STREET, N
AVENUE, ASSESSMENT DISTRICT NO. 138." Moved by Reid, seconded by Colburn,
the Resolution be adopted. Carried by unanimous vote.
Discussion regarding PURCHASE OF THE WATER COMPANY was introduced. City
Clerk Minogue stated a report from the City Manager was attached to the
Agendas. Moved by Colburn, seconded by Hogue, the report be filed. Vice
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277
Mayor Hogue inquired if they were going to try to contact these people (South
Bay Irrigation District) with any type of new idea. Mayor Morgan said he
would like to see the Council go on record that they would give the South
Bay Irrigation District 70% right until the bonds were paid and the Council
agree to that tonight if they could. Vice Mayor Hogue stated he would
include that in the motion. Amendment not included by maker of the motion.
Carried by unanimous vote.
A communication from RAUL R. and ELEANOR L. RICO, LA HACIENDA RESTAURANT,
inviting the Mayor and members of the City Council to visit their restaurant;
a communication from PASTOR J. FRANK MORALES, APOSTOLIC ASSEMBLY OF THE
FAITH IN JESUS CHRIST CHURCH, protesting the beer license at La Hacienda
Restaurant; and a petition for conditional release to the Department of
Alcoholic Beverage Control from ELEANOR L. and RAUL R. RICO, DBA LA HACIENDA,
543 Highland Avenue (received and under study), were presented. City Manager
Osburn stated the three items related to the application by a local restaurant
for an on -sale beer license; some more documents .have been received on this
since the Agenda was made up, one of them quite long, and recommended they
all be put on the Agenda next week, along with the new documents. Moved by
Hogue, seconded by Camacho, the City Manager's recommendation be approved.
Carried by unanimous vote. Moved by Colburn, seconded by Hogue, the first
item listed be filed and not included on next week's Agenda because it was
iust a letter of invitation having nothing to do with the request or protest
of the license. Carried by unanimous vote.
A communication from CITY MANAGER OSBURN requesting a Real Estate Committee
meeting to discuss an offer to purchase City owned property s cuth of Plaza
Boulevard and east of the proposed 805 Freeway Interchange, was presented.
Mayor Morgan called a meeting for 4:00 p.m., Friday, April 19th.
A communication from the LEAGUE OF CALIFORNIA CITIES in regard to the 10th
Biennial Institute for Mayors and Councilmen, was presented. Moved by Hogue,
seconded by Colburn, the communication be filed and newly elected Councilman
Camacho attend. Carried by unanimous vote.
A communication from ALBERT GERSTEN, PRESIDENT, DALE BUILDING COMPANY,
requesting waiver of interest to May llth on a trust deed note of $217,764.00
(check. received April llth which included interest to May llth), was pre-
sented. City Manager Osburn stated Mr. Gersten paid the loan off one month
prior to the due date and paid the full year's interest; he's requesting
the return of one month's interest, $1,306.58; the City did not earn the
interest and recommended authorization to refund this amount. Moved by
Hogue, seconded by Reid, the City Manager's recommendation be approved.
Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue,
Reid, Morgan. Nays: None.
CITY MANAGER OSBURN said he had one other item relating to the National City
Park. Apartments: the escrow instructions included City Council approval
of the plans; they have the general lay -out of the plans (drawing displayed).
Director of Planning Stockman stated she had a report regarding this. Mayor
Morgan stated if there were no objections they would take the report at
this time. City Manager Osburn said the last heavy rain indicated there was
considerable more water i.n the area than they had thought there would be and
would require a 24" drain down 22nd Street from "D" Avenue to dump into an
existing drain; as National City Park Apartments does not contribute all of
the water to this drain, he would request permission to settle the 22nd
Street item at a later date (probably within the next two weeks) after
negotiations with the Gersten Construction Company and would report to the
Council regarding his recommendations at that time. Vice Mayor Hogue
inquired if they could approve the plans omitting that one item. City
Manager Osburn said they could; they would have a further report on 22nd
Street. Moved by Hogue, seconded by Camacho, the City Manager's recommenda-
tion be approved. Councilman Reid inquired if this would relieve them of
their half of the street in case something went wrong with the drainage.
City Manager Osburn said i.t would not; it was explained to them today that
the half street goes with the project; what they were trying to determine was
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278
whether the drain should be in the street or back on the property with an
easement to the City. Director of Planning Stockman asked if this could be
approved subject to the conditions of staff and subject to the deletion of a
reference to the 700 lineal feet of 24" diameter storm drain in any portion
of 22nd Street; then they could catch all of the other recommendations with
this to come back at a later report. Included in motion and second. Carried
by unanimous vote.
A communication from CITY MANAGER OSBORN in regard to the League of California
Cities Legislative Bulletin relating to: (1) Motor Vehicle Carriers; (2)
Cigarette Tax Allocation; (3) Fire Fighters (collective negotiation);
(4) Vacancies in elective offices, General Law Cities; (5) Disciplinary
action against liquor licensees, was presented. Moved by Colburn, seconded
by Hogue, the communication be filed and all of the City Manager's recommen-
dations on these five items be approved and he be authorized to follow up.
Carried by unanimous vote.
A communication from ASSISTANT SECRETARY ROBERT T, MARTIN, CALIFORNIA HIGHWAY
COMMISSION, in regard to their resolution stating policy on the planning and
design of highway projects when parks are involved, was presented. Ordered
filed by unanimous vote.
A communication from MRS. VALORIS POYNER, 2005 E Avenue, requesting permission
to encroach on public property for the installation of a block wall, was
presented. Moved by tblburn, seconded by Reid, the request be approved so
long as the City Engineer's Department has approved it. Carried by unanimous
vote.
A communication from the OHIO CASUALTY INSURANCE COMPANY requesting release
of a bond if the removal of a residence from 938 Coolidge Avenue is complete
and the City Manager's recommendation the bond be released as work is com-
pleted, were presented. Moved by Colburn, seconded by Hogue, the request be
approved. Carried by unanimous vote.
A statement from BIRD, FUJIMOTO & FISH for professional services in connection
with isometric drawing of the proposed Library addition in the amount of
$150.00 and the City Manager's recommendation it be paid from Library
Capital Outlay Fund, were presented. Moved by Colburn, seconded by Hogue,
this item be referred backto the City Manager until next week for a report
as to whether or not the Council voted to authorize this item. Carried by
unanimous vote.
A communication from the ARMY ENGINEER CORPS in regard to an application of
the National Steel & Shipbuilding Company for a permit to dredge at the 28th
Street Mole and inviting written comments or objections on or before May 3rd,
was presented. Ordered filed by unanimous vote.
A communication from the ARMY ENGINEER CORPS IN regard to the San Diego
Unified Port District application to dredge adjacent to "J" Street in Chula
Vista and inviting written comments or objections on or before April 29th,
was presented. Ordered filed by unanimous vote.
Approval of step increases for H. P. STUETZER, Ge J. SWANSON, V. M. CLARK,
C. A. GOVE, T. RAMSEY and J. B. FASIG, all approved by the Department Heads
and the City Manager, was presented. Moved by Colburn, seconded by Reid,
the step increases be approved. Carried by unanimous vote.
A communication from CITY MANAGER OSBURN filing two items wit h the City
Clerk. (no Council action necessary): (1) Certificate of Insurance covering
Thomas Moynahan, 2745 Wilson Avenue; (2) San Diego County Water Authority
letter regarding water stored in San Vicente Reservoir as of March 31st and
average monthly water deliveries to member agencies for the current fiscal
year through March 31st, were presented.
The Minutes of the LIBRARY BOARD OF TRUSTRPA meeting of April 3rd, were pre-
sented. Moved by Colburn, seconded by Hogue, the Minutes be approved and
filed. Carried by unanimous vote.
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CITY MANAGER OSBURN expressed appreciation to the cities of Long Beach,
Santa Ana and Buena Park for sending their Fire Chiefs and City Managers to
sit on our Orals Board (for interviewing applicants for position of Fire
Chief); he felt the firemen were all very well pleased with the examination;
the lowest score of the seven men taking the test was over 80% which made
quite an impressive group.
CITY CLERK MTNOGUE reported receipt of a communication from F. L. Thomas,
Commander, U. S. Navy, Executive Officer, stating the Naval Station will
install sidewalks, curbs and gutters on the north side of W. 8th Street
adjacent to the Navy Exchange Service Center and approximately 400' west of
Interstate 5 and that their future plans call for the continuation of the
sidewalks, curbs and gutters to Interstate 5 as funds are made available.
Moved by Hogue, seconded by Reid, a letter of thanks be sent to the Navy.
Carried by unanimous vote.
CITY CLERK MINOGUE reported receipt of the 29th Annual Report of the Metro-
politan Water District which is on file.
CITY CLERK MINOGUE reported receipt of the Annual Report (1966-67), State
Board of Equalization, which is on file.
DIRECTOR OF PLANNING STOCKMAN presented the Planning Commission recommenda-
tion of approval of deferral of installation of sidewalks at 2705 E. 15th
Street subject to the three recommendations of staff. Moved by Colburn,
seconded by Reid, the City Planner's recommendation be approved. Carried by
unanimous vote.
DIRECTOR OF PLANNING STOCKMAN presented her recommendation that the Planning
Commission's report of April 8th in regard to application for Zone Variance
No. Z49 (rear yard setbackrequirements) be received and placed on the
Agenda of May 7th for final consideration. Moved by Colburn, seconded by
Reid, the City Planner's recommendation be approved. Carried by unanimous
vote.
Moved by Hogue, the meeting be closed.
MAYOR MORGAN called an Executive Session of the Council at 9:12 p.m.
The meeting reconvened at 9:30 p.m. Council members present: Camacho,
Colburn, Hogue, Reid, Morgan. Absent: None.
CITY ATTORNEY McLEAN stated an offer to settle the case of the People of
National City Vs. Hicks was received: the broad outlines of the settlement
would be the City would forego trial at this time on condition that demoli-
tion would commence on October 1, 1968; that's demolition of all of the
buildings described in the complaint for condemnation; the demolition is to
proceed in a speedy manner and to conclusion; he proposed to enforce that
by a stipulated judgment against the defendant. Moved by Colburn, seconded
by Camacho, the City Attorney's recommendation be approved. Vice Mayor Hogue
said he was opposed to this; he understood it could be delayed in the courts
but he believed they could close the building down and keep people out of
it; they listed about thirty things that were dangerous to the welfare and
health of our citizens and he could not vote "yes" to allow this to be used
as a public place. Motion carried by the following vote, to -wit: Ayes:
Camacho, Colburn, Reid, Morgan. Nays: Hogue.
MAYOR MORGAN thanked Councilman Colburn for serving as Vice Mayor; .he served
faithfully and did a good job.
Moved by Colburn, seconded by Camacho, the meeting be closed. Carried by
unanimous vote. The meeting closed at 9: 5p.m
ATTEST:
ONAL CITY, CALIFORNIA
4/16/68