HomeMy WebLinkAbout1967 03-28 CC MIN199
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
March 28, 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.
MAYOR MORGAN recognized former Mayor Gautereaux and former City Manager Hess
who were present.
The meeting was opened with salute to the Flag led by City Manager Osburn,
followed with invocation by the Reverend Robert Parker, Lincoln Acres
Community Church.
MAYOR MORGAN presented a Certificate of Appreciation to the Reverend Parker
who is leaving National City.
COMMANDER COX, SUPPLY OFFICER, SAN DIEGO NAVAL STATION, was present and dis-
played a drawing of the proposed Navy Exchange Service Center, the first
computerized, merchandise distributing facility in the Navy Exchange system;
five or six more are planned for other areas; it will replace several obsolete
warehouse buildings and provide jobs for one hundred fifty employees; the
building will be approximately 166,000 square feet, a single story building
and will house a computer which will be the nerve center. City Engineer
Foster said sewers would have to be rerouted to permit construction; the
action required of the Council was to agree the City cooperate in rerouting
of the sewer providing there was no expense to the City. Moved by Colburn,
seconded by Harris, Council approve the request by the Navy as explained by
the City Engineer regarding the relocation of sewer lines for the building.
Carried by unanimous vote. Mayor Morgan asked Commander Cox if he understood
the motion; it would be taken care of by the City Manager and the City
Engineer. Commander Cox said he understood but wondered about the old pump-
ing station. Vice Mayor Colburn said it was included in the motion.
Moved by Colburn, seconded by Reid, the minutes of the regular meeting of
March 21, 1967 be approved. Carried by unanimous vote.
RESOLUTION NO. 9339, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT
(ACME CHEVROLET COMPANY, A CORPORATION)," 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 Harris, the Resolution be adopted. Carried
by unanimous vote.
RESOLUTION NO. 9340, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF
NOTICE OF COMPLETION (28th Street Storm Drainage Construction, Specification
No. 718)," was presented. Moved by Hogue, seconded by Colburn, 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 Colburn, seconded
by Reid, the Resolution be adopted. Carried by unanimous vote.
RESOLUTION NO. 9341, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND
CLOSE PORTIONS OF TWENTY-THIRD STREET," 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 Harris, seconded by Hogue, the Resolution be adopted.
Carried by unanimous vote.
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RESOLUTION NO. 9342, "RESOLUTION GRANTING CONDITIONAL USE PERMIT PURSUANT
TO ORDINANCE NO. 962 AS AMENDED BY ORDINANCE NO, 1136 (Southland Industrial
Park)," was presented. City Attorney McLean stated the developer of South-
land Industrial Park desired to construct dirt fill ramps for a railroad
spur; part of one of those spurs will pass through a corner of the proposed
Sweetwater Flood Control channel right-of-way which was rezoned by the
Council to F-1; to permit this in the F-1 zone, the City Council would have
to grant the developer a conditional use permit; the Planning Commission
considered this matter at its meeting last night and voted unanimously to
recommend the granting of the conditional use permit. 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 Colburn, seconded by Harris, the Resolution be adopted. Councilman
Hogue asked if the building of the railroad spur through the future channel,
would add to the cost to the State of California. Director of Planning
Stockman said she could not see it would enhance the value of the property to
any great extent. Carried by unanimous vote.
ORDINANCE NO. 1161, "AN ORDINANCE REGULATING THE DISTRIBUTION OF HARMFUL
MATERIALS TO MINORS," was presented for the second reading. Moved by Colburn,
seconded by Hogue, the reading of the Ordinance be waived and it be adopted
by reading of the title only. E. H. Alsdorf, 2105 J Avenue, was present and
requested it be read in full. The ordinance was read in full. Moved by
Harris, seconded by Hogue, the Ordinance be adopted. Mayor Morgan inquired if
it would apply to Playboy Magazine or magazines approved by the courts. City
Attorney McLean said the definition of "harmful material" in the ordinance as
applied to a particular book, magazine, or article would have to be consid-
ered; if there should be a dispute over the significance of this ordinance
and its relationship to a particular object, the court interpretation would
control; it didn/t matter what business the offending person was engaged in,
if he distributed or exhibited objectionable material to a minor he would
violate the ordinance. Mayor Morgan stated he had been told a similar
ordinance in the City of San Diego was not enforced; in National City
ordinances were enforced but he was not sure this ordinance could be
enforced; it was possible there would be more trouble with it than without it.
City Attorney McLean said he was not familiar with the practice of the City of
San Diego, but was under the impression they enforced their City laws; our
City enforced its laws; if this ordinance was adopted, the Police Department
ko uld make an effort to enforce it; whether or not it would be easy to
enforce would be hard to say. Councilman Hogue said an ordinance of this
type was needed; whether it could be enforced or not he did not know; if they
adopted the ordinance he felt the businessmen in the City would cooperate
with them; it was the duty of the Council to try to stop the exposure of
objectionable materials to children. Mayor Morgan said there should be a
screening board to aid in enforcement: determine what wa.s bad and what was
good. Councilman Hogue said the people in the City would be expected to
obey the laws; he could see no reason for a screening board; the businessmen
would realize there were materials which should not be exposed to children
and they would attempt to keep them f9om minors. Councilman Reid asked if the
proposed ordinance was constitutional. City Attorney McLean said the ordi-
nance on its face wa.s constitutional; that did not mean an attempt to apply
it to a particular magazine or other material would be successful; this type
of ordinance restricted to a public of 18 years of age or less was a con-
stitutional exercise of the community; whether or not it was a wise ordinance
was a different question. Carried, by the following vote, to -wit: Ayes:
Colburn, Harris, Hogue, Reid. Nays: Morgan.
ORDINANCE NO. , "An Ordinance Establishing Operating Regulations for
Taxi Cabs," was presented for the second reading. City Clerk Minogue read a
letter from the San Diego Yellow Cab Company, dated March 28, 1967, stating
they ha.d no objection to the adoption of the ordinance. Moved by Hogue,
seconded by Reid, the reading of the Ordinance be waived and it be adopted by
reading of the title only. C. E. Stewart, President, Carnation Cab Company,
1244 Emory Street, Imperial Beach, was present and said he was not against the
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201
ordinance but felt it was incomplete; there were things which should have
been included and things which should be changed; it would be to National
City's advantage if the cab operators met with City officials to discuss the
ordinance before it became law; some things included in the ordinance could
compound rather than alleviate the problem. Vice Mayor Colburn said there
was discussion regarding the urgency of the ordinance; last week at the first
reading he requested copies be sent to the cab operators so their views on
the ordinance might be given. The Vice Mayor suggested the ordinance be
tabled so the City Manager could meet with and go over suggestions the
operators might have to improve the ordinance. City Manager Osburn said he
would hold a meeting with the cab operators before next week. Moved by
Colburn, seconded by Hogue, the ordinance be tabled until the next regular
meeting and in the interim the City Manager be authorized to meet with the
cab owners at their pleasure if they wish to come and discuss the possible
changes in the ordinance. Carried by unanimous vote.
ORDINANCE NO. 1162, "AN ORDINANCE OF THE CITY OF NATIONAL CITY PROVIDING FOR
TEMPORARY INTERIM ZONING ESTABLISHING THE CRITERIA FOR DEVELOPMENT WITHIN
THE COMIMERCIAL, MANUFACTURING, AND INDUSTRIAL ZONES," was presented for the
second reading. Moved by Colburn, 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. Moved by Harris, seconded by Reid,
the Ordinance be adopted. Carried by unanimous vote. Vice Mayor Colburn
stated at the first reading there was discussion in regard to its value
as presented and inquired if a study was under way to improve it. Director
of Planning Stockman said the Planning Commission was working on a permanent
ordinance; it should have public hearing soon before the Planning Commission.
CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "ALTRUSA WEEK"
(April 9 - 15). Moved by Hogue, seconded by Harris, the Proclamation be
approved. Carried by unanimous vote.
CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "CHAMBER OF
COMMERCE WEEK" (April 2 - 9). Moved by Colburn, seconded by Harris, the
Proclamation be approved. Carried by unanimous vote.
MAYOR MORGAN said when Vice Mayor Colburn, Chairman of the Finance Committee,
called a meeting to discuss the budget, he would like two items on the
Agenda; a study by the City Manager on a pay scale where the patrolmen do
not work for the same wages as sergeants and sergeants for the same wages
as lieutenants; this should be straightened out in the budget; there are
three or four retired employees of the City who worked for $125.00 - $175.00
per month and some thought should be given to an increase in their retirement.
JOE MINOGUE, 1105 E. 4th Street, was present and read a letter from the
Chamber of Commerce stating, upon recommendation of the Cultural Committee,
the Board voted in favor of the adoption of an ordinance similar to a Los
Angeles ordinance establishing a Cultural Heritage Board for the preservation
of cultural or historical monuments. A copy of the Los Angeles ordinance was
given to each of the Councilmen, City Manager and the City Attorney. Mr.
Minogue recommended the ordinance be prepared for first reading next week to
prevent possible loss of such buildings as Granger Hall. Mr. Minogue called
attention to the display of carvings in the downstairs lobby. Mayor Mcrgan
recommended the ordinance be put on the Agenda for consideration next week.
Moved by Colburn, seconded by Harris, it be turned over to the City Manager
and City Attorney for their approval of drafting an ordinance. Carried by
unanimous vote.
E. H. ALSDORF, 2105 J Avenue, said he was completing seven years of attending
practically every meeting of the City Council; forty-four years ago he came
to National City and a.t that time he was the only person attending City
Council meetings regularly; he noticed tonight there was one additional
person present for each of the forty-four years.
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202
PORT COMMISSIONER LORENZ H. RUEHLE (837 Ethel Place) was present and said
this afternoon the bids on the third phase of the Twenty-fourth Street
Marine Terminal were considered and the contract was awarded to the Guy F.
Atkinson Company; they should be on location in a few weeks (this was the
same company that has the bid for the sub -structure on the Coronado bridge);
the first phase will be the 1500 feet on the north side and 600 feet on the
west side; it will be completely paved and lighted under the first phase;
it was anticipated they will have design plans on the second phase and will
possibly go to bid in May or June, open the bids around July and wrap up both
phases by the end of 1968. Commissioner Ruehle said they anticipated using
at least 1500 feet of the Sweetwater Flood Control Channel (to be dredged)
which meant they could pull ocean freighters into the Sweetwater Flood
Control Channel as well as along the entire west face of the pier; the small
boat ramp has been moved and will come out just east of Tidelands Avenue
where more landscaping will be put in. Mr. Ruehle said favorable considera-
tion was being given to a second entrance.
Mr. Ruehle stated the Port District has no authority to grant anyone excep-
tions to any laws of any cities within the District; it would behoove the
City to step in immediately if any tenant on Tideland property was in
violation of City regulations, and should the City feel something over and
above City regulation was required they should let the Port District know
ahead of time and it could be drawn into the regulations. Mr. Ruehle said
he was referring to the contract for Ja'Mac Lumber which contains a thirty
day cancellation clause; Ja'Mac moved its equipment there illegally; it
caught everyone by surprise; it was beyond control of the Port District other
than exercising the thirty day cancellation (which up to this point hadn't
been exercised); if the Council desired that and wanted to send the business
on its way they should make it known by resolution and the Port District
would follow through. Mayor Morgan asked if their lease was made permanent
would they look over their permanent plans regarding what they intended to
improve upon. Mr. Reuhle said they would; their control was extremely
tight.
HOWARD P. ELLIS, CHAIRMAN, TRAFFIC SAFETY COMMITTEE (825 Ethel Place), was
present and said the last scheduled meeting of his committee was not held as
there was not a quorum; he received two comprehensive letters reflecting the
professional aspects of parking on 8th Street from the Engineering Depart-
ment; there were two aspects: humanitarian and business; when one collided
with the other the solution was to try to please both by compromise; members
of the committee have been working very hard on this; a meeting was scheduled
for tomorrow and he would see the minutes of the meeting were available for
next week's Agenda.
A report on the feasibility of installing an additional trophy case in the
main lobby of the Civic Center, was presented. City Manager Osburn stated
the approximate cost would be $1,000.00 (for a case similar in size con-
structed by the people who constructed the other one) and would be placed
on the wall between the switchboard operator and the main hallway of the
main floor of the Administration Building; he recommended it be added to the
list of other improvements to be constructed when necessary funds were
available. Moved by Hogue, seconded by Colburn, the installation of a new
trophy case be approved. Mayor Morgan asked if that was when the City has
funds. Councilman Hogue said that wa.s what the City Manager had suggested.
Carried by unanimous vote.
The City Manager's recommendation that consideration be given by the Finance
Committee of the Sister City Committee Meeting in San Antonio August 10 - 12,
1967, was presented. Moved by Colburn, seconded by Harris, the recommenda-
tion be referred to the Finance Committee. Carried by unanimous vote.
The City Engineer's report in regard to "no parking" on 8th Street from
Harbor Drive to L Avenue, was presented. Moved by Hogue, seconded by
Colburn, the report be filed until the report from the Traffic Safety
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Committee is received. George Waters, 1342 Carol Place, was present and
said there were people present in this regard. Councilman Harris said this
was referred to the Traffic Safety Committee for a recommendation about a
month ago and as it was on the Agenda and so many people were present
because of it, the Council should act on it; the Traffic Safety Committee
did not have a quorum at their meeting but there were several members in
the audience. Mrs. Lorna Harris, 8th Street Florist, 726 E. 8th Street, was
present, and said the merchants on 8th Street do the largest percentage of
their business when men and women were going home from their jobs; the
customers do not stay long in their parking places; the merchants feel
before a decision was made, their feelings should be given consideration;
many of them do not have off-street parking for their customers; diagonal
parking should be considered before action to remove parking from 8th Street;
there were other considerations such as synchronization of signal lights so
people could travel straight through; a "no left turn" sign at 8th and
Highland might alleviate congestion. Howard P. Ellis stated there had been
much research on this; there were many ways they could compromise and come
to a solution; if the right solution was not found they might compound the
problem; the flow of traffic at the peak hours is 952 cars which calls for a
four lane road; if this was made four lanes, a crosswalk would have to be
put at J and 8th Street and a crosswalk would slow down traffic. Mayor
Morgan said last week the Traffic Safety Committee was given two weeks to
come up with a recommendation; next week this will be on the Agenda and
there will be action by the Council. Charles Green, 1244 K Avenue, was
present and said he disagreed with the Engineers' Handbook; he realized if
they agreed to diagonal parking then it would be inevitable "no narking
would be put into 8th Street; until this morning he wasn't opposed to diagonal
parking; we are like a politician running for office: we say we want to
create more parking by diagonal parking and with the next breath say we are
going to take it away by taking away parking on 8th Street;in his business
area the two hours of "no parking" in the afternoon would take away 25% of
his eight hour day parking; he couldn't stay in business. Councilman Harris
said you might as well tell the businessmen to close their doors as to make
"no parking" on 8th Street; this was not a problem they created but was a
problem they should not have to bear; this was one of the main streets and
should be widened; he would like to see them widen that street; perhaps
he had indicated he favored "no parking" and wanted to clarify it. George
H. Waters read a letter from the Chamber of Commerce stating they had gone
on record opposing limited parking on 8th Street and recommending diagonal
parking on side streets be provided and other means of improving the traffic
flow be considered. Mr. Waters said the Community Development Planning
Committee and the Highway and Streets Committee of the Chamber of Commerce
worked hard on this problem; he wanted Mr. Green to know they were not
double talking;- as far as the Chamber of Commerce was concerned they were
strictly for angle parking; both committees of the Chamber of Commerce
were opposing limited parking. E. H. Alsdorf said when he visits 8th Street
he is probably there only 5 - 10 minutes; this should be put in the hands
of a real committee instead of the Traffic Safety Committee; he was not
wholly in accord with off-street parking the way it was being arranged
because of the short length of time his business takes him; he wanted to
park on 8th Street so that he wouldn't have to walk so far to do maybe
$5.00 worth of business. Bob Worthy, 1223 Manchester, was present and said
he would like to hear what the Engineering Department had to sa.y on the
subject. City Clerk Minogue read the City Engineer's report to the City
Manager, dated March 14, 1967. Carried, by the following vote, to -wit:
Ayes: Colburn, Hogue, Reid, Morgan. Nays: Harris.
MAYOR MO:GAN recognized Chula Vista Vice Mayor Sylvester; Niek Slijk,
Executive Manager, Chamber of Commerce; and City Manager Fred Ross, who were
present in the audience.
The Council considered the request of the Mobil Oil Company fcr an oversize
driveway at National, Main and Division. William McNicol, District Engineer,
Mobil Oil Company, 1883 E. Harbor, San Diego, was present and said they
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204
wanted to eliminate an antiquated station on the corner of Main and National
and to replace it with an up-to-date unit; for this purpose they were
requesting an oversize driveway. City Manager Osburn stated the City
Engineer recommended a standard 20' radius curb return be accomodated at SW
corner of Division Street and National Avenue; also, at NW corner, National
Avenue and Main Street; it would require moving the Ely driveway on Division
Street 6' Wly; the Nly driveway on National Avenue to be moved 3' Sly; the
Sly driveway on National Avenue to be moved 2' Nly; the 10' spaces between
driveways, serve no useful purpose and are somewhat hazardous; it is
recommended that these spaces be included in the driveways, making them
either 70' or 80' wide, depending upon the applicant's desire; it is further
recommended that all existing sidewalk, at the site, be removed and replaced
with new sidewalk; also, new sidewalk and driveways be constructed to the
property line. The City Manager said Director of Planning Stockman reported
her office was in accord with the recommendation of the City Engineer but
as a majority of the parkway would be utilized as a driveway, eliminating
the possibility of enhancing the aesthetics of the area with landscaping,
she recommended the base of all sign structures be within planters; that
planters of reasonable size be constructed at each of the four corners of
subject property to be permanently landscaped with any harmonious combination
of flowers, trees, shrubs and/or ground cover. Mr. McNicol said they were
in agreement with the recommendations. Moved by Colburn, seconded by
Harris, the request be granted. Councilman Harris said he would like the
City Manager, City Engineer and owners of the property to discuss the closing
of the alley between the properties for the benefit of all involved. Mr.
McNicol said that was a wonderful idea; the alley served no purpose; the
alley was unimproved and if they had the full utilization of it his company
would probably pave it. Councilman Hogue stated in closing the alley Mr.
McNicol's company would only receive half the alley, the other half would go
to the other station. The Mayor asked if the maker of the motion would
include the Director of Planning's and City Engineer's recommendations in
his motion. Included in motion and second. Councilman Reid asked if the
closing would be checked out with the Fire and Police Departments and
utilities. City Manager Osburn said it would be a. regular street or alley
closing; it would have to go through the Planning Commission and the various
departments. Carried by unanimous vote. Vice Mayor Colburn said in the
closing of streets and alleys the property reverts back to the owners as
originally dedicated to the City; in this case, if the alley was closed he
would recommend the negotiation of the ownership of this property be included.
Mr. McNicol said the entire frontage on National is in escrow and the only
other party involved would be Union Oil which had the property back of them;
it would be discussed with their real estate department tomorrow.
A communication from the STATE DEPARTMENT OF PUBLIC WORKS acknowledging a
letter to Governor Reagan transmitting Resolution No. 9283 (requesting inter-
change for local traffic at the intersection of State Route 805 and Sweet-
water Road) and stating a study was being made by the State Division of
Highways, was presented. Ordered filed by unanimous vote.
An application for refund of a $25.00 performance bond by J. E. HARPER, 1110
East 16th Street, was presented. Moved by Colburn, seconded by Harris, the
refund be approved and a warrant ordered drawn. Councilman Reid asked if it
was necessary to have a $25.00 performance bond; the paper work involved
was expensive. City Manager Osburn said the bond was posted in case the
sidewalks weren't built properly; the finished work is inspected by the
Engineering Department; if the work was not done the City would keep the
$25.00; this was in addition to the permit fee. Carried, by the following
vote, to-udt: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None.
A communication from CARL P. RCLL and VIOLET BANKS ROLL, Roll Ranch, Chula
Vista, in appreciation for the Council's assistance and cooperation in
regard to the State Correctional Institution on Otay Mesa, was presented.
Ordered filed, by unanimous vote.
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The resignation of PATRICIA L. CARLSON, Library Clerk, due to injuries
suffered in a recent car accident (resignation effective March 20th), was
presented. Moved by Colburn, seconded by Harris, the resignation be accepted.
Carried by unanimous vote.
A communication from CITY MANAGER OSBURN listing certificates of insurance to
be filed with the City Clerk, was presented. Ordered filed, by unanimous
vote.
A communication from POLICE CHIEF CAGLE in regard to excessive accumulation
of overtime due to labor-management dispute (taxi strike), was presented.
Moved by Reid, seconded by Colburn, it be approved and referred to the City
Manager to handle. Carried by unanimous vote.
The resignation of PATROLMAN ROBERT J. WILKIE, effective March 24th, was
presented. Moved by Colburn, seconded by Harris, the resignation be accepted.
Carried by unanimous vote.
An application for premises to premises transfer of off -sale beer and wine
license by LESTER E. STOCKBRIDGE, DBA LESTER'S COUNTRY CORNER, 2544 East
18th Street, was presented. Ordered filed, by unanimous vote.
A notice of modification of Harbor Lines in San Diego Bay requested by San
Diego Unified Port District from the U. S. ARMY CORPS OF ENGINEERS, was
presented. Ordered filed, by unanimous vote.
A communication from the LULL HOUSE MOVING COMPANY requesting permission to
store National City houses in Otay and later move them back to National City,
was presented. Moved by Hogue, seconded by Colburn, the request be referred
to the City Manager, the City Attorney and the Director of Planning for
recommendation. Councilman Reid said once the houses leave they should not
come back to the City. Mayor Morgan said the Council was shirking its duty,
they should accept or reject; the people making the request needed an
answer. Vice Mayor Colburn said there should be clarification from the City
Manager, Director of Planning and the City Attorney; City ordinance allowed
houses to be moved within the City and if they were not up to standard they
would have to comply; the purpose of the request was to move the houses out
of the City for storage only until a propgr vacant lot could be secured; he
hoped there would be a limit set for the time they could be out of the City
and allowed to reenter. Motion failed, by the following vote, to -wit:
Ayes: Colburn, Hogue. Nays: Harris, Reid, Morgan. Moved by Harris,
seconded by Reid, the request be denied. Motion carried, by the following
vote, to -wit: Ayes: Harris, Reid, Morgan. Nays: Colburn, Hogue.
An application to move a building by R. HOLDER, 925 Coolidge Avenue, from the
Gulf Oil Station, NW corner of loth and Highland, to 938 Coolidge Avenue,
under provisions of Ordinance No. 1108, was presented. City Clerk Minogue
stated each of the Councilmen had a copy of the Building Inspectoris report
and distributed photographs for their inspection. Vice Mayor Colburn asked
the Director of Planning if her office was aware of the application and if
she cared to comment on it. She said the Council adopted the Interim Ordi-
nance and Criteria for the Industrial Area earlier in the meeting and this
building, if moved into the area could not comply with all of the require-
ments: one of which was that all new material be used on exterior walls;
under the ruling of a former City Attorney, if the building were to be
attached, the roof would have to be continuous and it would be difficult to
have a continuous roof attaching the present residence to this structure
and there would have to be a setback between the two structures. Vice Mayor
Colburn said there had been some comment as to whether or not the size of the
building would actually fit on the dimensions of the property. Director of
Planning Stockman said the lot was 115/ and the building 461 which would
allow for setback and landscaping; the Ordinance adopted tonight would
increase the criteria for the development of the industrial area and would
require the front of the building be of a decorative material, not metal,
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206
would require a 4' setback and she did not believe the building would comply
with the ordinance. Moved by Hogue, seconded by Reid, the request be
denied. City Attorney McLean said the building moving ordinance stated a
building to be moved, if moved with Council's permission, has to meet the
current standards of the City which change from time to time; the current
standards for this building would be in today's ordinance. Vice Mayor
Colburn said the request would not be denied on the grounds of a building
moving request but that the building would not meet the standards for the
zone to which it would be moved. Councilman Harris asked if the applicant
razed the old building could he move in a new building under the present
ordinance. Director of Planning Stockman said he could move the structure
in if he installed a facing of decorative material on both loth Street and
Coolidge Avenue sides and then possibly he could come under the criteria
established in the new ordinance. Ray Holder, 925 Coolidge Avenue, was
present and said he purchased the building; he talked to the Fire Marshal who
suggested they attach the roof; he intended to tear the old building down
when he was financially able to do so, possibly within the next year; the
building was purchased for storage; the building must be moved from its
present site by the 17th of April; he had thirty days from date of purchase
to move it. Vice Mayor Colburn suggested Mr. Holder meet with the Director
of Planning to see if the building could be brought up to standards for the
area; action could be deferred until the next regular meeting to allow time
for study. Councilman Reid said the existing building had a family living
in it (it sets on piers and the plumbing was on the outside) and asked if
it would continue to be used as a residence. Mr. Holder said the family was
to move out the 9th and there would be no one in the house; he intended to
tear the house down and to construct a new building to go with the one he
wishes to move to the site. Moved by Colburn, seconded by Harris, it be
tabled until next week to give Mr. Holder an opportunity to meet with the
Director of Planning. Carried, by the following vote, to -wit: Ayes: Colburn,
Harris, Hogue. Nays: Reid, Morgan.
The request of CITY ATTORNEY McLEAN to accept limited private legal work, was
presented. Moved by Reid, seconded by Harris, the request be granted. City
Manager Osburn said he discussed this with Mr. McLean and in his opinion it
would not interfere; if it did, he would notify the Council. Councilman
Hogue said part of the Mayor's campaign was the City needed a full-time City
Attorney; Councilman Colburn and he became convinced of the fact and went
along with the idea. Mayor Morgan said at that time the City Attorney's
office was costing too much money; the City Attorney does not receive fees
for 1911 Acts, his salary is $14,700.00; the office of the City Attorney
before cost from $23,000.00 - $30,000.00 a year; if it would not interfere
he had no objections to the City Attorney doing it. City Clerk Minogue read
the letter, dated March 24th, from City Attorney McLean to the Mayor and
City Council. Councilman Reid said City Attorney McLean was here this
morning right after 8:00 and would probably get home around 11:00; he
attends the Council, Civil Service Commission and Planning Commission
meetings and puts in 50 - 60 hours, at least, a week; he is a young man and
if this other work does not interfere, it would make a better attorney for
the City. Councilman Hogue said he favored the system they had before where
there was a law firm and in case one lawyer was busy the other lawyer would
attend to the City business; he hoped Mr. McLean would be able to accomplish
what he was trying to do here and he was sure the City Attorney was sincere
in what he said; it wouldn't hurt anything to put it back on the previous
system and try it for a while to see if it works out. Vice Mayor Colburn
said he favored City employees being allowed to work part time; quite a few
of the firemen do, many of the policemen, and he assumed many other employees
did, quite often staying in the same line as their profession, augmenting
their income; however, it is rather hard to go along with the figures quoted
of $23,000.00 compared with $14,000.00; he thought they would find more than
$14,000.00 was spent for the City Attorney's office this year, not only in
salary but in the other costs involved; he had asked far a report some time
ago which came back to him verbally and which did not seem to be strong
support for a full time City Attorney; he received a letter dated March 10th
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207
from the City Attorney stating in his experience there were large blocks of
time in which there was no City legal work to be done; this was the City
Attorney's first letter indicating his desire to take in private practice.
The Vice Mayor said he told the City Attorney he was not opposed to his
doing something else so long as he represented the City in the manner
expected for the pay offered. Mayor Morgan said if it did not work out, he
would be the first one to recommend (if the City Manager did not) changing
the set up to work for the benefit of the City; if the Council felt the City
Attorney should be here more hours that would not hurt his feelings; if the
Council did not feel it was working out, they will discuss it then. The
Mayor requested the City Manager to go back four years and report the cost of
the legal business of the City each year for four years past and the last
year; each Councilman is to have a copy of this report in his office.
Councilman Hogue said this was his first experience as a politician; but he
thought when a politician ran for an office and goes out before the public to
seek the office and tells the people what he intends to do, this is s anething
he should abide by; people do put their trust in you; he hoped in the future
when we tell the people something it will be something we are sincere about
and later the people won't be upset over the fact it was just words used to
buy votes or something of that nature. Mayor Morgan said they could cut the
City Attorney's salary to $10,000.00 and give him 2%'of the 1911 Acts and he
would draw more money than he was drawing now; that was the set up under the
past administration; he could see no reason why they don't try this as he
could see nothing wrong with it; the present City Attorney was the cheapest
City Attorney since he has been in office which was about seven years.
Councilman Hogue said he didn't think it was really money but the principle
of the thing. B. J. Gautereaux, 2019 Highland Avenue, was present and said
he wanted to reiterate and sanction what Councilman Hogue said; this needs
to be well taken and given consideration by the people of National City;
while we are talking about cutting and saving money and charging the 1911
Acts to the attorneys work and saving we could take in the full scope of the
1911 Act and go back to the time when the 1911 Act was first brought into the
community; he guaranteed today you could put your attorney on a retainer
fee, put the 1911 Acts out to bid, put it in two ways: Engineering; combining
Engineering and legal under one bid and you will find yourselves saving
money in a. big way for the peple of National City. Mayor Morgan said after he
was elected Mayor Mr. Gautereaux came to him and said if they turned over
the Parks and Recreation in the City of National City to him he would save
$15,000.00 a year; he had been here for forty years and should have started
practicing that before. Motion carried, by the following vote, to -wit:
Ayes: Colburn, Harris, Hogue, Reid. Nays: Morgan.
CITY MANAGER OSBURN stated he had a copy of a fall -out shelter license and
requested permission to sign; it related to the Civic Center; the Police
Department had been surveyed and found to be good fall -out protection;
signing the license agreement would make possible the furnishing of food,
instruments, water, etc. by the Federal Government and we would have to find
a place for it; he recommended he be allowed to sign it. Moved by Colburn,
seconded by Harris, the City Manager's recommendation be approved.
Carried by unanimous vote.
CITY MANAGER OSBURN reported receipt of a letter from the National City
Republican Women's Club requesting exemption from buying a business license
permit for a rummage sale to be held at the corner of 8th Street and B
Avenue; this was a non-profit organization; the proceeds to be used to
further political education and recommended approval. Moved by Hogue,
seconded by Harris, the request be approved. Carried by unanimous vote.
CITY MANAGER OSBURN reported Robert
approved by his department head and
Hogue, seconded by Harris, h
unanimous vote.
Linares was eligible for a step increase
the City Manager's office. Moved by
the step increase be approved. Carried by
CITY MANAGER OSBURN said he had a report from the Building Inspector and the
3/28/67
208
Director of Public Works stating the Olivewood Housing site has been cleared
in a satisfactory manner and recommending the performance bond be returned
to Mr. Pedro Morales and stated he concurred. Moved by Colburn, seconded
by Harris, the recommendation of the City Manager be approved. Carried by
unanimous vote.
CITY CLERK MINOGUE reported receipt of the following communications: Senator
Walter W. Stiern, acknowledging receipt of resolution regarding the Brown
Act (Resolution No. 9322); Assemblyman William T. Bagley, dated March 22,
1967, regarding Resolution No. 9322 (opposing extension of the Brown Act);
Assemblyman Don Mulford, dated March 20, 1967, regarding Resolution No.
9322 (opposing extension of the Brown Act); Senator James R. Mills, dated
March 20, 1967, regarding Resolution No. 9322 (opposing extension of the
Brown Act) .
CITY CLERK MINOGUE reported receipt of resolutions from the City of Azusa,
City of Bellflower, City of San Marcos, all in regard to legislation to
revise the Mayo -Breed Formula for the allocation of state gasoline taxes.
CITY CLERK MINOGUE reported receipt of a letter, dated March 20, 1967, from
Senator James R. Mills acknowledging receipt of Resolution No. 9327
(Amendment to the Collier -Unruh A.ct Regarding Matching Credits and the
Administration of Gas Tax Funds).
CITY CLERK MINOGUE reported receipt of a. claim for personal injuries by
Ederice C. Eades against the City of National City in the sum of $4,000.00;
a copy was referred to the City Attorney and to the City insurance carrier.
MRS. LORNA HARRIS, 726 E. 8th Street, spoke on behalf of Ray Holder who made
application to move a building; she said he is the new owner of National
City Electric and' everyone realizes the difficulty of starting a business;
he was trying to upgrade his section of the City.
COUNCILMAN HARRIS asked how they were coming along on the weed abatement
law. City Manager Osburn said the ordinance should be effective this week
or next and work will start then.
CITY ENGINEER FOSTER said he had some material on the status of 1911 Act
improvements; he will have copies made and put in their mail folders.
MAYOR MORGAN called an Executive Session to discuss litigation. The meeting
adjourned at 9:35 P.M.
The meeting was called back to order at 0:45 P.M. by Mayor Morgan. Council
members present: Colburn, Harris, Hogue, Reid, Morgan. Council members
absent: None.
Moved by Colburn, seconded by Reid, the meeting be closed. Carried by
unanimous vote. The meeting closed at 9:46 P.M.
ATTEST:
MAY$1/4547
IT OF ATIONAL CITY, CALIFORNIA
CITY CLERK
3/28/67