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HomeMy WebLinkAbout1967 12-12 CC MIN141 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA December 12, 1967 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, Harris, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McLean, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Rev. Leroy Westbrook, First Baptist Church. Moved by Harris, seconded by Reid, the minutes of the regular meeting of December 5, 1967, be approved. Carried by unanimous vote. VICE MAYOR COLBURN stated a report from Adm. Asst. Linn in regard to the feasibility of bookmobile service recommended a special library consultant be obtained to Work with the present City Librarian on a study. Moved by Colburn, seconded by Harris, at this time the Council not approve a bookmobile service but authorize the City Manager's office to complete the study and bring a definite or estimated cost. Councilman Hogue stated they were getting ready for a Library Bond Proposition to extend the Library for study area and to store old things; more books could be made available to a larger number of chil- dren if a bookmobile was provided so they could check out books in their own neighborhood; if they could provide thousands of dollars for storing antiques, they could provide money to have books easily available to children. Mayor Morgan said the first need was a Library wing and then they could do more for the people; he was not sure they should tie the City Manager down on details; he was not sure he would vote for it anyway. Carried by unanimous vote. VICO MAYOR COLBURN said San Diego has an ordinance prohibiting heavy duty commercial vehicles parking in residential districts; he referred a copy to the City Attorney and asked him to prepare a similar ordinance for Council's approval. City Attorney McLean said he would have it ready next week. COUNCILMAN HARRIS asked what happened to the request made six months ago for a joint meeting of the Chamber of Commerce and the Planning Commission regarding the renaming of loth Street. City Manager Osburn said a report was made by the Chamber in regard to the number of people in opposition to the change of name. Director of Planning Stockman said the Planning Commission made a re- port on this in the past. COUNCILMAN HOGUE stated during the two week vacation of the San Diego City Schools he and his family planned going to Oklahoma to have Christmas with his mother and requested a leave of absence from the Council to make this trip. Moved by Colburn, seconded by Harris, Councilman Hogue's request be granted. Carried by unanimous vote. VICE MAYOR COLBURN said last night on Channel 2 news National City was repre- sented; they mentioned the smog problem and the refuse of governmental agencies in Los Angeles to purchase care unless from auto manufacturers who went along with the California standards of smog control; this carried into removal of automobiles and they mentioned National City's Scrap Disposal and the expedient way they accomplished the removal. RESOLUTION NO. 9506, "RESOLUTION AUTHORIZING ENCROACHMENT IN THE PUBLIC RIGHT OF WAY ('E' AVENUE, 20TH STREET TO 21ST STREET: TO ALLOW CONSTRUCTION OF RE- TAINING WALLS BY RESIDENTS)," was presented. Moved by Colburn,seconded by Harris, 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 12/12/67 142 RESOLUTION NO. 9507, "RESOLUTION AUTHORIZING EXF(JTTION OF CORPORATION GRANT DEED (E. T. MALONEY AND PRISCILLA L. MALONEY)," was presented. Moved by Harris, 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 Harris, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY MC LEAN stated the third ordinance on the Agenda under Adoption of Ordinances (Paving of Streets) would be for introduction due to changes made the past week which were sufficient to disqualify it for adoption tonight. ORDINANCE NO. , "An Ordinance amending Ordinance No. 962 providing for the paving of streets," was presented for the first reading. Moved by Harris, seconded by Reid, the reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. ORDINANCE NO. 118115* "An Ordinance amending Section 3053 of the Municipal Code (Making it unlawful to dump refuse on private property)," was presented for the second reading. Moved by Hogue, seconded by Reid, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. ORDINANCE NO. , "An Ordinance of the City of National City, California providing for the interim zoning establishing the criteria for storage and/or impounding of wrecked automobiles," was presented for the second reading. Moved by Hogue, seconded by Harris, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. CITY ALIORNEY MC LEAN recommended the claims of Patricia Gilderman and Grover S. Hickman for personal injuries be denied. Moved by Colburn, seconded by Harris, the City Attorney's recommendation be approved. Carried by unanimous vote. The DIRECTOR',OF PLANNING'S report in regard to the aesthetic appearance of future gasoline station construction was presented. Moved by Harris, seconded Colburn, the report be filed. Councilman Hogue asked if they were interested in the other aspects of it, such as the coverings. Dir. of Planning Stockman said this would be taken under consideration in her preparation of amendment to the zoning ordinance in regard to future beautification of the commercial area. Carried by unanimous vote. A. communication from COUNTY ENGINEER D. K. SPEER, stating the County plans to widen Paradise Valley Road to four lanes for approximately one-half mile easterly from the City limits (construction November 1968) was presented. Moved by Colburn, seconded by Reid, the communication be filed. Councilman Hogue said he was concerned about the corner where Plaza comes into eth Street where it would have to come down to one lane; he asked if the City Engineer discussed this problem with them. City Engineer Foster said he talked with County representatives and they indicated interest and planned to come out to look at it; the Police have looked at it but no stripes have been changed yet. Councilman Harris asked if they could refer it to the County Traffic Committee; it is in the County and is a traffic hazard. City Manager Osburn said it could be settled with Mr. Speer. Carried by unanimous vote. A communication from the SAN DIEGO CHAPTER OF THE DIABETES ASSOCIATION in appreciation of the use of El Toyon Recreation Center, Sunday, Nov. 12th, for a Diabetes Detection Clinic was presented. Ordered filed by unanimous vote. A. communication from CITY MANAGER OSBURN in regard to the report of examina- tion of Federal contributions for Civil Defense personnel and administrative expenses (PL 85-606), was presented. Moved by Hogue, seconded by Colburn, the City Manager's recommendation be (Refund of $86.31 be made to the State) proved. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan, Nays: None. The MINUTES of the December 6th meeting of the LIBRARY BOARD OF TRUSTEES, were presented. Ordered filed by unanimous vote. 12/12/67 *Corrected by Council action 1/2/68. 143 A communication from CITY LIBRARIAN CARLIE MEYERrequesting ninety -days sick leave without pay for Library employee, Mrs. Marianne Padgett, was presented. Moved by Reid, seconded by Hogue, the request be approved. Carried by unanimous vote. Step increases for RAYMOND BROWN, KENNETH LEATHERS, Police Department; RAUL MARTINEZ, Department of Public Works; CHESLEY MANOCK, Building Department; M. R. GALLAGHER, Engineering Department, approved by the department heads and the City Manager, were presented. Moved by Colburn, seconded by Harris, the step increases be approved. Carried by unanimous vote. A communication from the CITY MANAGER in regard to items filed with the City Clerk: (1) Report of Examination of Federal Contributions for Civil Defense Personnel and Administrative Expenses (PL 85-606) for the period July 1, 1965 to June 30, 1966; (2) Certificate of Insurance from Industrial Indemnity Company, 1406 6th Avenue, San Diego, California, covering Manuel Arrieta, 4255 Cobalt Street, La Mesa, California, Policy No. CP-628-1431, effective 11/1/67 to 11/1/68; (3) Letter from Miller & Ames Company, 3600 Wilshire Boulevard, Los Angeles, California, dated December 6, 1967 enclosing the Certificate of Insurance covering Manuel Arrieta, Comprehensive Liability Policy No. 105079, for the period from 7/15/67 to 7/15/68 (for information only), was presented. A communication from ADMINISTRATIVE ASSISTANT LINN in regard to a proposed amendment to the Civil Service rules permitting permanent employees to accumulate vacation leave, was presented. Moved by Hogue, seconded by Harris, the communication be filed. Councilman Reid inquired if it should be approved before it was filed. City Manager Osburn said this was before the Council one other time in relation to a Fire Captain's request; he understood it was the Council's desire to change the rules and regulations to permit this with the approval of the City Manager and the City Council and was granted only in cases of emergency and unusual circumstances. Vice Mayor Colburn said he was against the motion to file; there was no recommendation on the report but notice was given that the Civil Service Commission (under the Municipal Code and Civil Service Rule which prescribes the procedure for amendments) would consider an amendment December 20, 7:30 p.m., in the Council Chambers. Vice Mayor Colburn suggested the maker of the motion consider this be given to them for the rule change. Mayor Morgan stated he was against filing this; he saw no reason why they couldn't approve it; he didn't think they should go against the Civil Service ordinance all the time but it was up to them; if they wanted to pass it they could. Councilman Reid said they made a mistake by starting something they shouldn't. The Mayor said they could either approve other ones or say "no"; a month or two ago they okayed this and it passed by unanimous vote of the Council; the approval was up to the Council. Councilman Harris said they could do it under the circumstances without it being misleading to some of the employees. Motion to file carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid. Nays: Colburn, Morgan. Moved by Colburn, the City Manager be notified they would not honor any request that was not under the Civil Service rules and no one should receive any special attention. Motion died for lack of second. Mayor Morgan asked if they had the authority to go ahead and authorize this some time ago; the fireman is ready to go on this leave. City Attorney McLean said he would like to take a look at the Civil Service rules again; he would bring back a report next week. CITY MANAGER OSBURN stated due to the large number of complaints received after the Council meeting last week, they did not install the "no turn" sign at 10th and Highland as authorized by the Council; they decided to use a policeman during the rush hours t o direct traffic in this area; if the Council approved his action, he requested Resolution No. 9505 be canceled. Moved by Colburn, seconded by Harris, the City Manager's recommendation be approved. Councilman Hogue suggested before a recommendation such as this was made it should be weighed as to whether or not there will be so much dissention that it would not be put into effect and it not be recommended to the Council it be done. Councilman Harris inquired if there was such a 12/12/67 144 thing as a traffic expert they could hire to cone up with a recommendation for that corner for times when there was a lot of traffic. City Manager Osburn said a study was authorized as recommended by the Traffic Safety Committee; however, the Chairman of the Traffic Safety Committee asked this be held up for the time being. Councilman Hogue said it was stated this was a traffic hazard but the City couldn't afford to put a policeman there and asked what happened to make us decide we could put a man there. City Manager Osburn said the recommendation came through him; he didn't anticipate the number of complaints properly; the sign would have been the simple way to handle it. Carried by unanimous vote. Moved by Harris, the City Manager be instructed to hire a traffic expert (or whatever you want to call him) to study this between now and Christmas and after Christmas to get a true picture of the full amount of traffic and when it lets off into a more normal manner. Councilman Hogue suggested he include "the area around the post office." Moved by Harris, seconded by Hogue, the motion include a study of the area around the post office. Carried by unanimous vote. CITY MANAGER OSBURN said for the past couple of years the Annual Report to the people of National City was not made; he recommended, if the Council desired to make a report, they make one of a calendar type rather than the newspaper throw away section; it would cost approximately one-third more, would have practically the same information as the tabloid type but would offer an inducement to the people to keep it for at least a year and they would thereby become familiar with some of the operations of the City; the total price for publication, putting together and delivering to the residents of National City would be $3,000.00. Moved by Harris, in favor of the City Manager's recommendation. Motion died far lack of second. CITY MANAGER OSBURN stated the Civil Service Commission called a special meeting Thursday, eY 14, 7:00 p.m. in regard to the salary survey. CITY CLERK MINOGUE reported receipt of a communication from John B. Gough, General Manager, San Diego 200th Anniversary, Inc., in appreciation for the tremendous level of cooperation from City officials. Ordered filed by unanimous vote. COUNCILMAN REID inquired if they could go back to the ordinance regarding storage of wrecked automobiles. Moved by Hogue, seconded by Harris, Item 2 under Adoption of Ordinances ("An Ordinance of the City of National City, California, Providing for the Interim Zoning Establishing the Criteria for Storage and/or Impounding of Wrecked Automobiles") be brought back to the floor for a recount of votes. Carried by unanimous vote. ORDINANCE NO. 1182, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROVIDING FOR THE INTERIM ZONING ESTABLISHING THE CRITERIA FOR STORAGE AND/ OR IMPOUNDING OF WRECKED AUTOMOBILES," was presented again for the second reading. Moved by Harris, seconded by Colburn, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Hogue, the Ordinance be adopted. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. COUNCILMAN HOGUE requested City Manager Osburn's suggested Annual Report be brought back to the floor. Moved by Harris, seconded by Reid, the reouest be granted. Carried by unanimous vote. Moved by Harris, seconded by Hogue, the City Manager's recommendation (report to be of a calendar type rather than the tabloid throw away section) pertaining to the yearly report be a proved. Carried by unanimous vote. The CONTINUED HEARING ON RESOLUTION OF INTENTION NO. 9496, IMPROVEMENT OF 20TH STREET, 24TH STREET, VALLE VISTA, GRANGER, VAN NESS, ASSRcSMENT DISTRICT NO. 150, was held at this time. City Clerk Minogue reported receipt today of signatures of persons indicating they wished to have their names removed from the protest petition; the petition itself was documented and filed as 12/12/67 145 of December 5th and suggested Council might wish a legal opinion. Councilman Hogue asked how many landowners the petition represented. Associate Civil Engineer Onley inquired what percentage they wanted. Mayor Morgan said after the names of these people were removed from the petition, what per- centage would be in favor for and against the improvement. Associate Civil Engineer Onley said if these names were removed from the protest petition filed last week, the percentage of protest would be 45.7% against the im- provement. Mayor Morgan read the rules governing the hearing: "...the City Council will hear and consider the protests of owners who will be assessed in this District. The protests to be considered are protests to tia proposed work and/or the extent of the assessment district. If you wish to address the Council on the subject of the proposed work or the extent of the District, or both, of these aspects of the proposed project, you may do so from the roster. Please confine your remarks to the two grounds for the protests which the law allows..." Vincent De Lucia, 1930 Granger Avenue, was present and said many of the people didn't have the intestional fortitude or did not like to face the Council; he understood they were limiting the protest to the formation of the district itself, not necessarily as to the cost. Mayor Morgan gave Mr. De Lucia a copy of the hearing rules and said the cost could be included, also the grades, and the assessment district. Councilman Hogue said if Mr. De Lucia was speaking for everyone in the audience he should be allowed as much time as he liked. Mr. De Lucia said he was not speaking for all of the people in the audience. Mr. De Lucia read a copy of a letter filed with the County Grand jury regarding the assessment district and gave a copy of it to the Mayor for the record. Mr. De Lucia said he would like some of the people who favored the district to get up and say why they were willing to sacrifice certain individuals for their own personal reasons; they understood the assessment district in Valle Vista does not include the drains; however, he had been informed that a crash program had been insti- tuted to effect these drains; perhaps his remarks had caused the Council to institute these proceedings to avoid the protest that would probably arise; after the people come up he would like to come back and make his remarks in reference to his protest. Mayor Morgan told him to go ahead and finish; they were not going tihave any rebuttals. Mr. De Lucia commented on the press coverage and asked the Mayor if he knew his name was mentioned on the front page of the National City Star -News twenty-four different times. The Mayor asked him to stick to the discussion. Mr. De Lucia said it was part of the discussion; he wondered if the rest of the Council had anything to do with these things; the people were held up to ridicule by the Star -News and whether or not the Council wanted to take that into cognizance was up to them. Mayor Morgan said the Star -News had nothing to do with the hearing. Mr. De Lucia said he was asking the Council to act for the protection of the people; there was a picture which showed the grades and lack of side- walks and beneath the picture it said, "Look, Ma, no sidewalks. We have here the muddiest and the dirtest and the worst residential streets in the City and it is up to the Council and the people as to whethertXhgy.are going to get them or not." Mr. De Lucia said he had been cited in the paper as a door-to-door campaigner; however, he had nothing to do with it. Mayor Morgan asked what this had to do with the hearing. Mr. De Lucia said this was a discussion of what the Mayor has said and done in relation to this drainage project. Councilman Hogue said he was not interested in what was in that newspaper. Mr. De Lucia said he was using the newspaper as a guide; it was assumed the remarks quoted were made by the Council and if they were, then they have a chance to say if they were true or if the paper was lying. Mayor Morgan said that didn't have anything to do with it; he was to go ahead and talk on the grades, cost and assessment district; to stick to that. Mr. De Lucia said certain things had to be said; he did not know; there were a lot of people present who felt quite strongly about the way the Council acted; he had already stated his arguments so far as the project was con- cerned; he felt it was highly unfair, some people were being penalized to the advantage of others; if the district were to be taken on a straight 1911 Act for any particular street, he would be glad to cooperate; Granger Avenue has a majority of the people against it and if they were taken out of the district he would be glad to cooperate on a straight 1911 Act and to do all he could to see that the work was done; the project is way out of line, the 12/12/67 146 cost prohibitive and no person who looked at it with an open mind could say that it is fair; Mr. Colburn has indicated the old people should get out of there and let the younger ones have a chance. Mayor Morgan advised him to stick to the assessment. Mr. De Lucia said the lady to whom this was said would verify it; Councilman Harris said it didn't make any difference how much it would cost, he was for the streets. Councilman Harris inquired how he knew he said that. Mayor Morgan asked that the Council not be badgered; they have done a good job and have listened to Mr. De Lucia and have been very patient. Mr. De Lucia said he agreed they have been patient; he had been doing all he could to be as courteous as he could to the Council; but taking votes out of the ballot boxes was out of the range of good politics; the people made their decision and signed the petition and asked what right they had to try to change it; they had their reasons for signing it in the first place; and a council member goes out and says "you know you don't really want to sign this thing; we can give you the streets and all the rest of it." Jack E. Brown, 2305 Van Ness Avenue, was present and said he was assessed at $1887.00; over a nine year period that will be $215.00 per year; the 6% interest is $113.00 per year; he already pays $231.00 a year taxes; he draws $82.40 a month Social Security and that's all. Mr. Brown inquired how they expected him to pay the assessment; on a twenty year loan he might have attempted it but he couldn't do it this way; the street was in a worse condition than it had been in the 231/2 years he had been there and the reason for it is the heavy rubbish trucks, dozens of them going by every day; and they pay no taxes or no assessment toward this street; something should be done. L. J. Johnson, 2707 E. 20th Street, was present and said he would like to have his name taken off of that list passed around Sunday; he wanted it back on the protest list. Mrs. Sylvia Meeker, 2710 E. 20th Street, was present and requested her name be removed from the list and put back on the protest. Stanley L. Korgie, 2012 Valle Vista Avenue, was present and said the people on his street want the project; for the last nine years they have wanted it; people claim they can get a private contractor to do this cheaper but can they prove it; so far as the drain was concerned, he thought they had that coming to them because water was diverted from other streets and had nothing to do with the project going on now; people complained about the dirt and everything else but what were they doing about it; they would pay what they had to pay to get their street improved and this was why they voted the way they had. Mayor Morgan said all the drainage in the project which would be some $45,000.00 - $60,000.00 is paid by the City and not assessed. Mr. Korgie said he understood this and hoped the people of the other areas understood this; if the City isn't qualified to get the job done right or reasonably right, they should find out for sure what a private con- tractor would cost because he didn't think they could beat it. Joe Mendeola, 2112 Granger Avenue, was present and said a man just made a statement that he could get bids for the street; there is no contactor living that can say I will do this portion and that portion unless he gets the entire bid; so if he's against the improvement or if he is for it, he didn't think the man knows; a contractor will bid only on the whole package; they will not move their equipment twenty miles to build 60'; it would cost him $100.00 to move the equipment. Mrs. Robert Richards, 1411 E. 16th Street, was present and said she had long been an advocate of good streets and sidewalks; back in the forties there were one or two who held up the improvement of streets because $28.00 was too much; ten years later this price went to $250.00 and that was too much; when the work was finally done, these same people paid $400.00 to $1,000.00; now we are a modern, growing city; if the 1911 Act is the only way curbs, sidewalks and paved streets can be obtained, then that is the way it will have to be done. Mrs. Mary Jo Geideck, 1912 Granger Avenue, was present and inquired if gas tax money for the improvement of 16th Street which lowered assessments considerably was used; they want streets on Granger and 20th but they have not gotten the answers as to why main streets that are on the basic map plan, that are main artery streets are not getting gas tax money which the citizens, have paid; they were not the only people who used these streets; many other people use them, such as City buses, school buses, postal trucks, refuse trucks; 20th Street is also eligible for gas tax funds; it would relieve much of the burden to the older people and reduce the assessment in this area; they were asking why they 12/12/67 147 couldn't have it and why it hadn't been considered. Mayor Morgan said on 16th Street the City contributed $50,000.00 from L Avenue to the City limits and in this district the City would pay at least $85,000.00 to $100,000.00 on drainage and streets. Mrs. Geideck said this did not answer her question as to why they could not get gas tax money for Granger and 20th Street which are main artery streets. Mrs. Geideck said it was stated regarding the petition they only had 45% of the area; at the beginning of last week's meeting they had 50.49%. Mayor Morgan said Mrs. Geideck spent a lot of time with the City Engineer, hours upon hours, and could have gotten her answer there. Mrs. Geideck said Engineering could not give her an answer about the gas tax money that would have to come from the Council. The Mayor said the Council had not made a decision on it. Mrs. Geideck asked when the decision would be made: after the resolution was passed? Mayor Morgan said that would have to be approved by the State. Mrs. Geideck said that was not true; State law effective November loth gave the Council authority. Mayor Morgan said gas tax was a different subject altogether. Mrs. Geideck said on the petition they had 50.49% protest as of last Tuesday night; and they could add no names to the petition; none should be taken off unless they had the chance to add names; people were harangued into taking them off; it was unfair, undemocratic and quite unconstitutional. Councilman Hogue said people seem to think the Council has made a decision on this; no decision had been made on this project at all; secondly, in regard to taking names off of the petition, they would have to get legal advice; he did not know if anyone had thought of taking the names off of the petition or not; they had made no decision and were only listening to people's opinions. Charles Cassio, 2137 Grove Street, was present and said he owned property between Grove and Prospect on 22nd; he had eight children going to school and it was a crying shame they had to go up that "mud slop" to Granger whenever it rained; he was presently paying on a 1911 Act which took in Prospect, 22nd and Grove and he was sure the residents in this particular district were using the streets which he was paying for and he hoped they would pay for the streets that his children would be using to go to Granger. Joe Mendeola inquired what happened at the meeting of October llth. Mayor Morgan said on recommen- dation of the hearing officers the Council voted their intention to go ahead with the 1911 Act and set a public hearing which was held last week; this is a continuation of the hearing held last week. Troy L. Blair, 2415 Granger Avenue, was present and said a statement was made there were inequalities in the assessment frontage was assessed differently in a different location; he inquired what the formula was. Mayor Morgan said this was set up by State law; we have to live within the law; these assessments are determined by benefit; if you have a larger piece of property, you are assessed more; if you have a smaller frontage and smaller depth, you are assessed less. Mayor Morgan said this act was put into effect in 1911 and amended to take out the flaws. Mr. Blair said curbs, sidewalks and improvements like this all add value to property and he was therefore in favor of it. J. D. Morrison, 1826 Granger Avenue, said he was glad to hear that answer; he had asked a lot of questions but had never been able to get an answer; this had never been broken down so the people could see what they were paying for; if it was broken down so they could see what they were paying for, the whole bunch would be against it. Mayor Morgan said the City of National City would pay $85,000.00 - $100,000.00 on this project; so he was not paying the cost it would cost for paving the street in front of his house. Mr. Morrison said he could get it done a lot cheaper than that; they already had a bid on that, as far as that goes; the bid on his curbs and sidewalks was 50% less than the City; the people who have had these things bid know what these prices are; he thought the City Council had its mind made up about this thing to start with; all the protests in the world wouldn't do any good. Mrs. Sloan, 2028 Valle Vista Avenue, was present and said she favored putting in streets; it was time they were improved; it should have been taken care of years ago; if people think they had harassed them, they apologize. Joe Mendeola said these people were complaining about Valle Vista and Lanoitan; ten years ago they were all complaining about the drainage; the City put in some catch basins; ten years from now they will be drowned out; he was all for improvements but he did not want these 12/12/67 148 people to come up and say they were drowned out; he couldn't help it they were not sitting on top of a hill; he had no control of where the water goes as it would find its own level. Herschel Pettit, 2335 Van Ness, was present and said last Tuesday night over 50% of the people in the district protested against these streets; not just against putting the streets in, but the costs, the grades, everything; he had never seen such rudeness amongst city officials in his life; he hoped every City councilman voted "no" so that the people in the district could get together and get the streets put in the way they want them in and because they want them in; he was willing to pay the amount he was assessed but he didn't like it; he could put his own sidewalks in; he could build the street but it wouldn't do him much good; Granger, 20th and Van Ness are used by the National City Rubbish Company's heavy trucks, taxi cabs and these people are not being assessed; the water company (we were told public utilities could not be charged) is a stock owned corporation; owned by private investors who pay income taxes. Mr. Pettit asked for the report of percentage of protest last week; all of the people he talked to said it was over 50% and tonight he was told it was less than 47%; he asked the Mayor if he had it. Mayor Morgan said he did not. Councilman Hogue said he thought the extension of this meeting from last week was for the purpose of hearing this percentage. Mayor Morgan said they would hear that before the Council closes if they so desired. Mr. Pettit asked how long this was going to drag out; he had a right to know. Mayor Morgan said he would answer it this way: the Council had been very good; it sat and listened to the pros and cons; they have never made a decision on this; there will be a decision; they were trying to let everyone be heard and trying to come up with the right decision. Mr. Pettit said the service was not a democratic process but was a long ways from it; however, once a decision was made no one talked anyone else out of it; last night he was out and had doors slammed in his face; these were people he had talked to previously; these were people sick of the whole process; he didn't see any of them here tonight; he was not going to mention any names, but they knew who was up there talking to these people; these people can't speak English, some of them are old people who have a lot invested and very few years ldft. Mrs. Barclay, 3126 20th Street, was present and said the Mayor made the statement that the City was paying $50,000.00 to $100,000.00 of the assessment; she requested a breakdown of that; she understood at the first protest meeting the City would be putting in $11,000.00. The Mayor said the City was putting in the drain from 20th Street down to 18th Street which will cost $11,000.00; they lowered the sewer which brought the total amount there to over $19,000.00; they would put from $11,000.00 to $13,000.00 for their percent in this; they would pay the whole cost of the retaining wall in front of the tank up there; they would put in $40,000.00 - $50,000.00 worth of drainage in this project at no cost to the property owner. Mrs. Barclay asked where the drainage would be put in. The Mayor said anywhere they needed drainage. Councilman Hogue asked if the Mayor got these figures from Mr. Osburn or someone. The Mayor said "yes;" before he votes on this and when he works on these jobs he tries to find out all about it so that he would know what he was talking about. Mrs. Barclay said they were told at the first meeting it would be $11,000.00; as she said last Tuesday, many people in this area are on a fixed income and the terrific assessments being charged are quite excessive for that area and for the lower income people; she talked with Mr. Colburn and he recommended where the people have large acreage it would be wise to sell some of the land; she agreed with this but sometimes this was easier said than done; in the case of her mother, if she sold part of her land she would have to pay far the assessment on the street with the money she got from the land and it would not help her mother at all; the report in the National City Star -News indicated that some of the material was not presented correctly by the people taking up the petition; if there was a Bible there she could swear on it that that statement was not true; they tried to present the facts as they had been presented to them; also, if they cared to look at the petition, it clearly states at the top, "We, the following property owners, protest on the excessive cost on the boundaries and change of grade;" a person signing a protest petition who does not read it who might claim things were falsely presented to him is in error. H. W. Leonhardy, 2221 La Siesta Way, was present and asked in regard to the assessments if the State set that up. Mayor Morgan said they set it 12/12/67 149 up under State law. Mr. Leonhardy said he could show them three lots on their street exactly the same and no one of them was assessed the same. Mrs. Mary Jo Geideck said the Mayor's statement "the City was going to give them..." was ambiguous because she had been down to Engineering, as he had stated, and from what she could get from them, all that the City was going to put into this project was $11,000.00. Mayor Morgan said it had been estimated between $40,000.00 and $50,000.00 for drainage in this project; they have already put in $19,000.00 for the sewer and drainage from 20th Street down to 18th Street and will put in $11,000.00 to $13,000.00 of City money; if you add all of that up, you come up with $75,000.00 to $100,000.00. Mrs. Geideck said that was not included in this 1911 Act. Mayor Morgan said they had to do this to do the 1911 Act. Mrs. Geideck said then the $11,000.00 was all they were putting in on the 1911 Act. Mayor Morgan said they were putting in all of this money. Mrs. Geideck said the bond was going to cost the people $175,000.00 and the City was only putting in $11,000.00, was that not correct. Mayor Morgan said in addition to that $175,000.00 they were going to put in $40,000.00 to $50,000.00 in drainage, they would put in $11,000.00 to $13,000.00 for their share in this and then they have already put in $19,000.00 for the drainage from 20th Street down to 18th Street. Mrs. Geideck said the Mayor hadn't answered her question completely; what he was telling her and what the Engineering Department told her were two different things; she had been told that of the $175,000.00 going to bond, the City was only going to pay $11,000.00; they were protesting to get more money for Granger and 20th Street out of the California State gasoline tax money. The Mayor asked Assoc. Civil Engr. Onley how much the estimated cost vas on the drainage for this project, the sewer and the drainage from 20th to 18th Street. Associate Civil Engineer Onley said the estimated cost of the Valle Vista Drain, was approximIely $50,000.00 for the drainage which haes't been done yet; the drainage and the sewer spoken of this evening was approximately $19,000.00. Mrs. Geideck inquired how many years ago that sewer was lowered and when Assoc. Civil Engr. Onley said approximately ten years ago Mrs. Geideck said then that had nothing to do with this 1911 Act that was going to bond; they were still only putting in $11,000.00 on $175,000.00 1911 Act project, for sidewalks, curbs, gutters and streets. Mayor Morgan said in the City of San Diego the property owner pays all of the cost, drainage and everything, and it could be included here. Mrs. Geideck said she thought they should if they wanted to do this; he was still evading the subject; that was not in the $175,000.00 bond. Mayor Morgan said the bond would be $175,000.00 and the City would put in $75,000.00 - $90,000.00 on this project. Quint E. Zuhlke, owner of 2016 Lanoitan Avenue, was present and said his assessment was only $62.00; but the assessments for some of the properties could not be justified in their market value; last year he had paid $568.00 for the improvement to his residence and it improved his property that much but there were many in National City who could not afford this; their property wasn't marketable enough to include this addit- ional amount in their price; if it was 10% you could get it out, but when it gets up to 15% or 20%, it would be a very sorry affair for these people. Vincent De Lucia said he was pretty much disgusted; when they talk about money the City will pay, they talk about taxpayers money, their money and nobody else's money; it is given to them by no one else except the taxpayer whoworks hard and earns it; when the Council says they a.re giving something they should qualify it. William Dischert, 2238 Granger Avenue, was present and said his objections were the same as Mr. Se Lucia's; the boundaries, the cost; he had been charged $103.00 for 24th Street; his property was approx- imately 23rd Street on Granger Avenue; it was things like that which he objected to. Assoc. Civil Engr. Onley said he had given Mr. Dischert the breakdown; if they looked at the district they would see that almost always you go back one-half of the way to the next major street which is the pre- scribed way of State law for district assessments; he was paying for a portion of the paving on 24th Street although he lives on Granger Street because he was within the benefit of 24th Street. Mr. Dischert said regard- ing drainage, it was when the junior high school was put in, that they started having trouble with water; he had water in his garage after that; it had since been corrected to some extent but there was still a lot of water 12/12/67 150 that runs down that driveway; he thought they would have a problem on 24th Street with drainage also. Vice Mayor Colburn said there was mention of people's disgust with the Council's attitude and action; they extended the opportunity for protest for them to weigh those protests; he ha.d heard no Council member at this Council meeting or no vote which said this project should continue and throw old people out of their homes and throw something down people's throats; they had given the protestors opportunity to protest to give them more information; according to law the only protest honored were ones written by a certain date and the oral protests after that date were held for the Council's privilege and did not have to be counted and they had gone past that; in regard to the older people or unfortunate people, what happens when a town grows and a farmer isforced out, what happens when a town grows and a small restaurant owner is forced to move out; this happens in the whole system; people have been moved out since we have existed. Herschel Pettit said he was part Cherokee Indian; when the Indians were forced out he didn't want to see anything go that way; he inquired why they should force old people out of their homes or require them to sell property that they have acquired in their lifetime; this was their security; if these people were moved out they would have to go on welfare which would cost all the way around; Mrs. Geideck asked quite a few questions and he had yet to hear a direct answer, Vincent De Lucia said he had one suggestion to make; he would like to go on record that he was in accord with improving the streets and sidewalks if the Council would lay this matter over for six months; he would do his best to see that Granger Avenue would have its curbs and side- walks for his section; it would give an opportunity to show what they could do on their own; it had been an unhappy situation for him, his friends and the council. Vice Mayor Colburn said with the information brought forth at these meetings and in checking he found this project took in one of the most difficult areas in town because of the terrain and the way it was built for so many years; the values mentioned are not resaleable; there was one other area protested out by the people and brought back without the sidewalks and it carried; he would expect advice from the City Attorney before making a motion but possibly they could continue this hearing and allow those who wanted to put in their sidewalks and curbs to do so and those who didn't who wanted to go ahead and let the contractor put them in based on the fact that the contractors usually do a less expensive job when doing a larger project; there would be a specific time set as it could not be going on during the time of the street improvements; in the meantime check into the possibility of gas tax funds on Granger, as suggested, and at the end of this time put it back as a 1911 Act; the City Attorney could advise how this might be done if the rest of the Council was in favor of it. Councilman Hogue inquired if they could have the final percentage for the area, not counting those people who had submitted their names to be removed from the petition on Sunday. Assoc. Civil Engr. Onley said he refigured the protest area and found the protest amounted to 50.47% of the total areal Mayor Morgan inquired how many legal signatures there would be. Mr. Onley said this would only be approximate as there were two taken off, but it was approximately 46% total. J. D. Morrison said he thought about 80% of the people on Granger have permits to put in their own sidewalks; this was the last thing they asked: the auth- ority to do this one thing; he thought the people would go along with the streets if given the opportunity. Mayor Morgan asked Mr. Onley what he est- imated the curbs and sidewalks would cost per foot in this 1911 Act. Mr. Onley said the curbs would be approximately $2.00; the sidewalk would be approximately $ .45 a square foot; that would run approximately $2.00 a lineal foot. Councilman Hogue inquired if they were to delay this for a time, what assurance would they have that the people would not come back and protest the project again. City Attorney McLean said the protest had been made and was in the City Clerk's hands at 5:00 p.m. on the day of the hear- ing on the Resolution of Intention; if it had been withdrawn in writing, it was withdrawn; that was it so far as the protest was concerned. Councilman Harris said at 5:00 p.m. last Tuesday was the latest a protest could be handed in; there were some people who wanted to withdraw their names since then; he inquired if it was legal to allow the names to be withdrawn if they were valid signatures. City Attorney McLean said "yes". Stanley Korgie, 12/12/67 151 2012 Valley Vista Avenue, was present and asked if this was final tonight. City Attorney McLean said the only protest that will be counted for the purpose of determining whether or not there was a majority protest of the district were those protests delivered to the City Clerk no later than 5:00 p.m. of last Tuesday in writing showing the names and addresses of the owners, a sufficient description of the property so that it could be located on the assessment roll; protests may be withdrawn by delivering the request for withdrawal to the City Clerk in writing at any time up to the conclusion of the hearing on the Resolution of Intention which will be including tonight. Mr. Korgie said then this protest which had been changed from a "no" to a "yes" was legal tonight, was that right? City Attorney McLean said assuming that the signatures were valid and that the people were owners of property in the district, yes; he was not passing on whether or not those requests for withdrawal were valid tonight; he had never seen them. Mayor Morgan said the City Attorney had not had time to locate them. Mr. Korgie asked if this was voted down tonight, how rould it affect his particular area. Mayor Morgan asked the City Attorney if they could throw part of the district out and bring it down to just what they wanted to do with it that had a majority. City Attorney McLean said they could reduce the size of the district to an area smaller than the district that was advertised to the people; you could not expand it; if the district before the Council tonight was voted out of as a whole, no further 1911 Act project could be carried on in this area for one year unless the Council later made a determination by a 4/5 vote that a majority of the people had changed their minds and wanted the district; then they could go ahead. Moved by Harris, seconded by Hogue, the hearing be closed and this be turned over to the City Attorney for further action on this 1911 Act. Joe Mendeola said they had improved all of the Tidelands and other improvements but you could not see it where the people lived; they, the people make National City. David Covey, 2641 E. 20th Street, was present and asked when he was going to be informed he was going to lose 1/6 of his property for this improvement; he hadn't received any written notice about any assessment or anything. Associate Civil Engineer Onley said Mr. Covey's notices went to a mortgage company in La Jolla; the names and addressed were obtained from the County Assessor as specified by laws they look them up in the phone books, or call the post office; if they find an address in the County Assessorts office and the notice sant there does not come back, it means somebody got it; Mr. Covey's notice went to the address found in the County which was a mortgage company in La Jolla. The Mayor inquired if Mr. Covey would lose part of his property. Mr. Covey said it would be reduced so that he might as well give it up because of the way they have it mapped out; he did not know what he would be assessed by it; there would be a retaining wall down one side on La Siesta Way and would take out his only parking; he would have to put a driveway in front of his house. Assoc. Civil Engr. Onley said Mr. Covey lives on the northwest corner of La Siesta Way; La Siesta was a 20' alley; to work it into a street they would have to get 15 more feet from all of the persons who front upon La Siesta Way. Mr. Covey said if this went through his property would be gone; by dedicating it he would have no more property left; according to the way it is on the map with the retaining wall, it would leave him with just barely enough room to put one car in his front yard; the retaining wall was curved around taking out what little space he could have had at the side to park his car; he would have to park it on the street (he was still collecting on one vandalism) and didn't think this was right; he would have no parking area and no yard; his property value would drop so that he would be unable to sell it. Mr. Covey said he was in the service on a ship and his time very limited; he would try to come in the evening to talk to someone but they tell him he cantt. The Mayor suggested Mr. Covey's wife go in to look at the map. Mr. Covey said a neighbor had brought the map to show them. Marjorie Jarvis, 2332 Granger Avenue, was present in behalf of Mr. and Mrs. Molitor who lived next door; neither of them were able to be present; she was supposed to bring them an answer as to if anything had changed in their assessment. Assoc. Civil Engr. Onley said there had been no change. Mrs. Jarvis said if the street in front of the people next door to Mr. De Lucia (the house was fairly 12/12/67 152 new, curbs and sidewalks in) and the street in front of him was costing him three hundred and something were all the same, they would all go for that. Motion carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. Councilman Reid said the reason he voted this way was that he had always voted with the niajority. Mr. Pettit, from the audience inquired if this 1911 Act was going to pass. Mayor Morgan asked the City Clerk to read the motion. City Clerk Minogue said the motion was to close the hearing and refer it to the City Attorney for further action on the 1911 Act. Councilman Hogue said the people wanted an interpretation of the motion. City Attorney McLean said the effect of the motion was to instruct him to pro- ceed with the 1911 Act; the next step was the Resolution Ordering the Work; if that passed by a 4/5 vote, the project would go ahead; he had the resol., ution ready for presentation. RESOLUTION NO. 9508, "RESOLUTION ORDERING WORK (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue - Assessment District No. 150)." Moved by Hogue, seconded by Harris, the resolution be adopted by title only. Carried by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. Moved by Hogue, seconded by Harris, the word "adopted" be changed to the word "read". The title was read. Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried, by the follow- ing vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. RESOLUTION NO. 9509, "RESOLUTION ADOPTING WAGE SCALE (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue - Assessment District No. 150)," was presented. Moved by Hogue, 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Moved by Colburn, seconded by Reid, the meeting be adjourned until Thursday, December 14, 1967, 7:00 p.m., Kimball Park Building Annex. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Abstaining: Hogue. The meeting adjourned at 9:52 p.m. ATTEST: CITY CLERK ;71 /f' i t3 A IO N NAL CITY, CALIFORNIA 12/12/67