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HomeMy WebLinkAbout1967 04-25 CC MIN233 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA April 25, 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 Reverend Leroy C. Westbrook, First Baptist Church. MAYOR MORGAN welcomed Reverend Westbrook, the new pastor at the First Baptist Church, and introduced him to the Council and audience. Moved by Colburn, seconded by Harris, the minutes of the regular meeting of April 18, 1967 be approved. Carried by unanimous vote. CITY ATTORNEY McLEAN stated he had three resolutions relating to real property transactions. Moved by Colburn, seconded by Harris, the reading of each of the three resolutions be waived and they be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9353, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Frances H. Cusack)." Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9354, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Augustine and Bertha Campos)." Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9355, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Portion of "Q" Avenue)." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance Amending Ordinance 1163 Providing A Procedure Determining Whether or Not the Public Convenience and Necessity Require the Issuance of Taxicab Permits," was presented for the first reading. Moved by Hogue, seconded by Harris, the first reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. VICE MAYOR COLBURN stated on December 18, 1966 the Sister City Committee gave some Tecate school children a Christmas party; they borrowed some film from the Copley Newspapers for use at the party; City Clerk Minogue wrote a letter thanking the Copley Newspaper; the Copley Newspaper used the letter in one of their ads which ran in three different publications (Film News, Business Screen and Editor and Publisher); in each of the ads there was a photograph of the school children clipped to a letter by the City Clerk on National City stationery. Vice Mayor Colburn suggested they give a vote of confidence to the City Clerk for the national attention she had caused to be given to the City of National City. Moved by Colburn, seconded by Harris, the Council thank City Clerk Minogue for writing the letter. Carried by unanimous vote. COUNCILMAN HARRIS stated there was a great need for another major department store in National City; through petitions they were able to obtain J. C. Penny's, and suggested the Council cooperate with the Chamber of Commerce to attempt to interest another department store to locate here. 4/25/67 234 COUNCILMAN HOGUE stated he was contacted by the people who head Boys' Baseball in the United States and neighboring nations; they have indicated a willing- ness to talk to National City about the possibility of bringing the Colt League World Series here; they will be here from Williamsport, Pa. on May 12th and would like to discuss it at that time. Moved by Hogue, seconded by Colburn, they meet with these people about the possibility of bringing the Colt League World Series to National City. Carried by unanimous vote. COUNCILMAN HOGUE stated he was approached by a lady who was very upset about urban renewal in National City; members of the Home Protective League had come to her house and told her people's hones would be razed, the Federal Government would be brought in and would tell them what they could and could not do; she indicated she had signed a referendum petition. Councilman Hogue said he wanted to inform the Council there is such a movement (which he knew was permissible); he beseeched the people circulating the petition to be just as honest as the Council had been when they were considering the project and requested they not exaggerate or distort the facts for their personal gain. COUNCILMAN REID congratulated the City Manager and the City employees for being the only city in the county having 100% of its employees taking the defensive driving course. MAYOR MORGAN thanked the Sister City Committee for arranging with Mr. Harlan Skinner (Music teacher, Sweetwater High School) to take the Youth Symphony Orchestra to Tecate last week to present a one hour program. The Mayor further said on May 31st at a dinner for Tecate officials and delegates in the Community Building, Tecate would present their resolution adopted by the Mexican Government declaring us their Sister City. MRS. KATHERINE WILSON, 123 F Street, was present and said it was true the National City Hone Protective League had a petition to put the matter of urban renewal on the ballot for the vote of the people; they had appeared before the Council many times pleading to have this on the ballot; they were not making wild or untruthful charges; they had tried to show the Council "The Terrible 1313 Revised" by Jo Heinman which was documented evidence and was the only book from which they had quoted; they had looked over the General Plan and did not agree that some of the areas which they had planned to do certain things with should be decided by the five members of the Council; their sole aim was to put this before the people for their decision. Councilman Harris asked how many members the Home Protective League had. Mrs. Wilson said at the present time they had around sixty working members. Mrs. Mary Chambers, 1318 E. 18th Street, was present and said they had the right to demand that the matter of redevelopment be put on the ballot; they wanted Ordinance 1164 revoked. FRANK GEERDES, Attorney, 737 3rd Avenue, Chula Vista, was present and stated he represented a group of men who recently took the Civil Service written examination for patrolman and the strength and agility test; they were notified they passed the written examination but would not be given the oral examination as their scores were not high enough; the examination announcement said the test consisted of two phases, written and oral, each counting 50% of the total score. Mr. Geerdes said he talked to Personnel Clerk Maud Smith and Chairman Rubio, Civil Service Commission, who stated they chose to follow the procedure whereby only the top ten in the written examination would be given the oral examination as it would lessen the burden on the members of the Civil Service Commission; it was unfair as the written examination has a value of 50 points and the oral examination a value of 50 points and it might be possible for one scoring less on the written to have a higher final score after making a higher score on the oral examination than some now in the top ten positions; it was questionable as to whether or not the Civil Service Commission could legally follow this procedure; in order for these candidates to protect their rights in the examination, Ordinance No. 1076 provides they may make an appeal before the Civil Service Commission; however, the oral examination was scheduled for tomorrow (Wednesday, April 26th). Mayor Morgan 4/25/67 235 stated the City Manager wrote a letter to the Civil Service Commission in this regard. The City Manager read the letter: "Due to a large number of complaints and misunderstandings regarding testing procedures, I would highly recommend the Civil Service Commission establish a minimum passing score on the written examination and interview all persons making a passing score. In cases where insufficient people have scored passing grades and a second examination is necessary I feel it would be prudent to establish a passing grade of ten points less than the original examination. Again, I feel it is necessary due to the recent number of complaints received regarding the police patrolman examination and I feel that all persons scoring seventy or above should be given the oral personal examination. This was brought about by the possibility they were informed verbally that seventy would be a passing score." Vice Mayor Colburn inquired if those who scored over seventy (but not in the top ten), if agreed they be given a.n oral examination, could take it at a later date holding up only decisions (publications of scores, etc.). The City Attorney said there was no requirement they give the exami- nation to all at one time; there was no legal barrier to the Civil Service Commission's giving the oral examination to the individuals told to appear for it; if it was concluded it would be wise to include others, those people could be interviewed at a different time; he did not have an answer at that time as to whether or not the Civil Service Commission had to give the oral examination to people who scored seventy or better. Councilman Hogue dis- agreed with the letter written by the City Manager in which he suggested lowering the passing grade requirement; social pressures were being applied to the police force today and to cope with this patrolmen should score in the higher 75 percentile of the written mental test; by lowering this it would invite people into the police force who had less capabilities. Mayor Morgan inquired if in making the recommendation, it applied only to policemen. City Manager Osburn said it would apply to all rates, not only policemen; testing is not an exact science as there were conditions that could influence the test grade. Councilman Harris inquired if it would be possible to ask the Civil Service Commission to lay this over a week so Mr. Geerdes could talk to them. City Manager Osburn said the Civil Service Commission would not meet until the following month. Mr. Geerdes stated they would prefer the oral examinations all be given at the same time. Ruben Rubio, 1729 Cleveland Avenue, Chairman, Civil Service Commission, was present and said thirty-two had taken the written examination and only fourteen had a passing grade (81 - 92); the Commissioners voted unanimously to take the top ten only; they were not discriminating against anyone but ha.d to draw the line some- place; if the Council does not back the Civil Service Commission they will not have a Civil Service Commission. Councilman Reid inquired if the Civil Service Commission would object to a motion to go ahead tomorrow with the oral examinations and in one week give the others the examination; they could ask for help from some of the other departments. Mr. Rubio said the action was taken at a regular meeting and this would have to go before a regular meeting before he could answer; he would not call a special meeting for this. Mrs. Doris McKinney, 120 Valva Avenue, Member of the Civil Service Commission, was present and said Mr. Geerdes stated the persons represented had taken the strength and agility test; the only strength and agility test the Civil Service Commission knew of was the one given Saturday morning and it was not given to twenty-five men but to fourteen. Mr. Geerdes said he was mistaken. Merrill Stamper, President, National City Municipal Employees Association, was present and said the Civil Service rules state 70% was passing; they should uphold the Civil Service rules. City Attorney McLean stated the Civil Service ordinance provides the administration of competitive service be vested in a Civil Service Commission; if the Council had an opinion on some matter involving the Civil Service Commission they would be entitled to expressttieir views, individually or collectively; he understood Mr. Geerdes to request the Council express a recommendation which would be about the extent of their authority unless there was an appeal. Moved by Hogue, seconded by Colburn, the Council go along with the Civil Service Commission's recommendation and that the problem between these people and the Civil Service Commission is their problem and not the Council's. Councilman Reid objected to the motion as the people represented by Mr. Geerdes took the 4/25/67 236 examination in good faith; they were not notified there would only be ten of them eligible for the oral examination. Mayor Morgan said the Civil Service Commission should lay down the rules and make them understood before they start examinations; we have had several instances like this in the past and they createdbad feelings; he was not condemning them; they do a fine job, but he did not always agree with their policy. Councilman Harris stated there were times their committees and commissions had special problems and called special meetings to handle it; he wondered why the Civil Service Commission did not want to do this. Motion and second withdrawn. MERRILL STAMPER, President of the National City Employees' Association, read a letter addressed to the Mayor and City Council requesting when the budget was made up the employees receive an increased salary and asked that they get together to discuss the problem; they had scheduled a meeting for Friday, April 28th, 7:30 P.M., at the Police Department and invited the Council, Mayor, Finance Committee, and Civil Service Commission. ALBERT ALVARADO, President, National City Little League, 2423 E. 20th Street, was present and extended an invitation to the opening day ceremony April 29th at noon, Las Palmas Park. Moved by Reid the Council request the Civil Service to go ahead and a week later have the oral examination for the other portion of the people. Motion died for lack of second. POLICE CHIEF CAGLE'S report and recommendation in regard to Ordinance No. 1161 (Distribution of Harmful Material to Minors) was presented. Moved by Harris, seconded by Colburn, the ordinance be abolished. Councilman Hogue stated he realized the ordinance was vague but since this problem was coming up in the Legislature he felt it was important for our Assemblymen, Senators and others connected with the State to know our City was concerned about this problem. Councilman Harris stated after studying the ordinance he found most of it would depend on personal opinion and for that reason was in favor of repealing it. Carried by unanimous vote. Moved by Hogue, seconded by Harris, a letter from the Council be sent to our Assemblymen and Senators from this area, Attorney General Lynch and Governor Reagan stating we hope they will work diligently in solving this problem in our state. Carried by unanimous vote. City Attorney McLean inquired if they wanted it prepared in the form of a resolution. Councilman Hogue said they could make it a resol- ution. A communication from the FIELD REPRESENTATIVE TO CONGRESSMAN VAN DEERLIN requesting the use of a portion of Kimball Park for a. July 4th picnic for the Democratic Party workers, was presented. Moved by Hogue, seconded by Colburn, this letter be referred to the Lions Club with our opinion that it would be an honor to our City to have Mr. Van Deerlin speak there on the 4th of July. Carried by unanimous vote. The minutes of the meeting of the LIBRARY BOARD OF TRUSTEES, April 5, were presented. Moved by Colburn, seconded by Harris, the minutes be filed. Mayor Morgan stated the Board mentioned in the minutes they would like to sell several pieces of furniture which had been given to them but did not know if it was legal to do so; he suggested this be given to the City Attorney for a recommendation. Moved by Colburn, seconded by Harris, the motion include a copy of the minutes to be referred to the City Attorney for his opinion on the legality of selling some of the furniture given to the Library. Carried by unanimous vote. The minutes of the TRAFFIC SAFETY COMMITTEE meeting of April 19th, were presented. Moved by Colburn, seconded by Morgan, the minutes be filed. Councilman Hogue stated the Traffic Safety Committee should take other things into consideration other than the traffic count in determining whether or not a corner was a dangerous corner. Carried by unanimous vote. 4/25/67 237 A notice of cancellation of the Faithful Performance Blanket Position Bond No. 999847 by the Agricultural Insurance Company, was presented. Ordered filed by unanimous vote. A communication from the LEAGUE OF CALIFORNIA CITIES in regard to highway beautification and requesting adoption of suggested resolution, was presented. Moved by Harris, seconded by Morgan, the resolution be approved. Carried by unanimous vote. A communication from CLETUS W. GARDNER, 2918 M Avenue, in regard to backup of sewer and resulting damages and requesting the City to pay the plumbing bill, was presented. Moved by Colburn, seconded by Harris, this request be referred to the City Attorney for a recommendation. Cletus W. Gardner, 2918 M Avenue, was present and suggested in the future routine maintenance be scheduled for this particular area. Carried by unanimous vote. A communication from the PRESIDENT OF THE SOUTH BAY PLAZA MERCHANTS ASSOCIA- TION, requesting: (1) Widening of 8th Street from Roosevelt to L Avenue (2) North bound off ramps from Interstate 5 be changed from 9th to loth Street (3) The name "Plaza Boulevard" be changed to "loth Street" (4) A left turn signal be installed at 10th and Highland going south, was presented. Moved by Colburn, seconded by Reid, Item No. 1 be filed as the action has taken place in regard to the widening of 8th Street. Carried by unanimous vote. Moved by Harris, seconded by Hogue, Item No. 2 be filed (as the Streets and Highway Committee, Chamber of Commerce, has this under study and will make a recommendation on it). Carried by unanimous vote. Moved by Harris, seconded by Colburn, in regard to Item No. 3, the City Manager work with the National City Chamber of Commerce to set up a meeting to discuss giving this street one common name. Carried by unanimous vote. Moved by Harris, seconded by Colburn, Item No. 4 be referred to the Traffic Safety Committee. Carried by unanimous vote. A communication from the CITY OF SAN MARCOS requesting consideration of three resolutions pertaining to proposed State legislation (opposing legislation to force cities to pay cost of relocating sewers; supporting legislation to amend the improvement Act of 1911; supporting legislation to authorize a cigarette tax in General Law Cities), was presented. Moved by Hogue, seconded by Colburn, the communication be filed. Councilman Harris said they should support the resolutions by giving a positive vote. Mayor Morgan said when the Division of State Highways comes through an area, if they have to disrupt sewers it was their duty to line them up to where they would be useable. Motion and second were withdrawn. Moved by Colburn the first item be filed. Motion died for lack of second. Moved by Harris, seconded by Reid, the first resolution (relocating sewers) be approved. Carried by unanimous vote. Moved by Colburn, seconded by Harris, the second resolution (amending 1911 Act) be approved. Carried by unanimous vote. Moved by Harris, seconded by Reid, support be given to legislation authorizing a cigarette tax in General Law Cities. Carried, by the following vote, to -wit: Ayes: Harris, Reid, Morgan. Nays: Colburn, Hogue. An application by NOEL KELLISON, 9509 St. Andrews Drive, Santee, for refund of $2.50 curb and sidewalk permit (work cancelled by property owner after permit paid for), was presented. Moved by Colburn, seconded by Reid, the application be denied. Vice Mayor Colburn said the refund would cost more than $2.50 to process. City Manager Osburn said that was correct. Carried by unanimous vote. The request of the FIESTA CLUB (Eastern Star) for a no fee permit to hold a rummage sale and report of the business license clerk, were presented. Moved by Harris, seconded by Reid, the request be granted. Carried by unanimous vote. CITY MANAGER OSBURN recommended approval of a request for leave without pay by Felix Guidry, Caretaker No. II with the Park Department, effective April 4/25/67 238 17th to last for thirty days. Moved by Hogue, seconded by Harris, the City Manager's recommendation be approved. Carried by unanimous vote. CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "20TH ANNUAL MAYTIME BAND REVIEW DAY" (May 6th). Moved by Harris, seconded by Colburn, the Proclamation be approved. Carried by unanimous vote. CITY CLERK MINOGUE read the Kenneth L. Blanchard Post, American Legion, invitation to the Mayor a.nd Council to an "Everlasting Post" service April 28, 1967; this is a special service held by the American Legion to honor departed comrades, including Cecil F. Alien; program is scheduled to begin at 7:30 p.m., potluck dinner at 6:00 p.m. CITY CLERK MINOGUE reported receipt of certificates from the Secretary of State certifying copies of Ordinance No. 1164 (An Ordinance of the City of National City, California, Declaring A Need for A Redevelopment Agency to Function in the City of National City and Declaring the Legislative Body of the Community to Be the Agency) had been filed in his office. The City Clerk asked if it required further action such as recording by the County Recorder. Moved by Hogue, seconded by Colburn, the certificates be referred to the City Attorney for clarification. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of the street a.nd highway easement agree- ment with the San Diego & Arizona Eastern Railway Company, from the County Recorder with a letter stating a certificate of acceptance was necessary before it could be recorded; suggested this be referred to the City Attorney for a resolution. Moved by Hogue, seconded by Colburn, the City Clerk's recommendation be approved. Carried by unanimous vote. CITY CLERK MINOGUE asked the Mayor if the Walton escrow resolution was to have been read. Mayor Morgan said the City Attorney wanted to study it and have it on the Agenda next week. The CITY TREASURER'S REPORT for the month ending March 31, 1967, was presented. Ordered filed by unanimous vote. Moved by Harris, seconded by Reid, the meeting be closed. DIRECTOR OP PLANNING STOCKMAN, Chairman of the Chamber of Commerce Beautifica- tion Committee, read an invitation to members of the City Council, City Manager, City Engineer, City Attorney and the Director of Building and Housing to a luncheon meeting at the Silvergate Community Building at 12:00 noon, Tuesday, May 2nd, to discuss the underground public utilities. MAYOR MORGAN stated Mr. Proctor, National City Rubbish Service, was present all through the meeting expecting Council to say something on their request for an increase in rates; many calls were received from citizens giving their ideas on how to handle the problem; next week they would have to give a firm idea of what they would do so the rubbish company could set up their books. Motion to adjourn carried by unanimous vote. The meeting closed at 9:20 P.M. ATTEST: MAYOR, CITY OF ATIa L CITY, CALIFORNIA 4/25/67