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HomeMy WebLinkAbout1967 05-16 CC MIN251 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA STUDENT IN GOVERNMENT DAY May 16, 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. SWEETWATER HIGH SCHOOL STUDENT COUNTERPARTS OF CITY OFFICIALS PRESENT: Student Mayor Hay, Student Vice Mayor Nouri, Student Councilmen Gallardo, Hansen and Corey, Student City Manager Manese, Acting Student City Clerk Mills, Student City Engineer James, and Student Director of Planning Movido. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Elder David A. Chessmore, Church of Jesus Christ of the Latter Day Saints. Moved by Harris, seconded by Reid, the minutes of the regular meeting of Ma.y 9, 1967 be approved. Carried by unanimous vote. MAYOR MORGAN welcomed the students, teachers and everyone connected with "Student Day in Government." The Mayor introduced Student Mayor Gary Hay, who said it had been a great day seeing City government in action. Vice Mayor Colburn introduced the Student Vice Mayor, Mohamad Said Nouri (foreign exchange student from Syria), who said this day was a wonderful experience for him; he came from a different country and it was great seeing the kind of government National City has; he thanked all who helped him and who enabled him to have this experience. Councilman Hogue introduced Student Councilman Maria Gallardo who said although she lived in National City eighteen years, she saw many things today she did not know were in her City. Councilman Harris introduced Student Councilman Eric Hansen who said his day was one of the most thrilling experiences in his life and he wanted the public to know that the people behind the National City government were not just figureheads but really worked for it. Councilman Reid introduced Student Councilman Linda Corey who said in her tour of the City she saw areas she didn't know were so swampy and run down; she thanked everyone who made her experience possible. City Manager Osburn introduced Student City Manager Randy Manese who said he appreciated seeing the problems and responsibilities of a City Manager and could now understand why the City Manager's hair was getting white. City Clerk Minogue stated the Student City Clerk was Raylene Sanchez who was unable to be present; however, Student Personnel Clerk, Linda Mills, would be Acting Student City Clerk during the meeting. City Engineer Foster introduced Student City Engineer Stephen James who thanked everyone responsi- ble for Student in Government Day; he learned much about the City and its problems.- Director of Planning Stockman introduced Student Director of Planning Judith Movido who said she had learned much of how our government works and she also saw parts of National City she did not know existed. MAYOR MORGAN introduced Mr. Austin, Civics Teacher, Sweetwater Adult School. Mr. Austin expressed appreciation for the opportunity of being there and had the members of his class who were in attendance to rise. JOHN DYSTER, 3432 Eleanor Place, was present and asked the Council to postpone until next week any action on the industrial redevelopment project. Moved by Colburn, seconded by Reid, the Council not take any further action in regard to limiting the possibility or encouraging it in any way at this time. Carried by unanimous vote. Dick Knutson, 2210 J Avenue, was present and 5/16/67 252 asked the Council to reconsider the development program on the swamp land; he had heard little logical argument against redevelopment of the 100 acres. Lou Tompkins, 2227 E. 16th Street, was present and said a group of citizens wishing to support the action taken by the Council want time to investigate the legality of the actions taken by a group in the City in obtaining signa- tures calling for a referendum. CARL WAYNE, 3033 C Avenue, was present on behalf of the National City Swim Team, and pointed out the trophies and ribbons on display which were won recently by members of the team; he introduced two outstanding members of the team, Nancy Bayles (10 years. old) and Richard Davalos (14 years old), and said it was not often a team won a couple trophies in a week. Members of the swum team were asked to stand up. Mr. Wayne read a letter of appreciation from the team for the donation of $90.00 for bus transportation which enabled them to compete in the recent meet. Mayor Morgan stated the Council was proud of the outstanding accomplishments of these youths. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and said she had heard of many ways in which a mother-in-law could cause aggravation but had never thought that expressing her opinion in a Council meeting could be one of them; representatives of the press were to blame for her predicament by using her daughter-in-law's address in error when reporting statements made by Mrs. Richards. FRANZ NEFF, 3340 Darling Lane, was present and spoke in regard to the Spring Valley Sanitation District Assessment; he received a bill for his assessment in the amount of $6400.00 and wondered how far National City would help him on it; they will be having a meeting on it next week. City Manager Osburn said the sewer fund would not stand any expenditures other than the normal payment bills to the Metropolitan Sewerage System; there were no other funds at this time available. Moved by Colburn, seconded by Hogue, Mr. Neff's problem be referred to the City Manager and City Attorney for a report and recommendation. Councilman Reid inquired if the easement through Mr. Neff's property came from National City or the County. City Manager Osburn said the County did all of the work on the project: engineering, rights of way and Construction. Carried by unanimous vote. BOB WORTHY, 1223 Manchester, was present and announced Sunday, May 21st, 12:00, would be the opening day of Nat -Oar Colt League in National City; everyone was invited to the opening ceremonies. VIOLA DRAIN, 3211 Alta Drive, was present and said in regard to Mr. Neff's statement, on June 8, 1965 it was moved by then Mayor Gautereaux and seconded by Councilman Hogue the Council acknowledge a moral obligation to the residents of National City affected by the Spring Valley Sanitation District to evaluate the costs to individuals to find what area of responsibility they might assume at a future time; the future time has run out as of this Monday when the assessment hearing is scheduled; it will then be final; they were led to believe there would be an evaluation Of the cost and something con- tributed to the cost of the 1911 Act by the City. Councilman Hogue said there was a report brought to Council which mentioned a sum of approximately $102,000.00; it was discussed at length on the Council; even though they might feel obligated they were told there was no money available; if there just wasn't any money available, he had no answers. RESOLUTION NO. 9374, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (John W. Gardner, Jr. and John B. Morgan)," was presented. Moved by Colburn, seconded by Hogue, the reading, of the resolution, be waived and itbe: 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. RESOLUTION NO. 9375, "RESOLUTION APPROVING PLOT PLANS FOR PHASE ONE, NATIONAL CITY PARK APARTMENTS," was presented. Moved by Harris, seconded by Reid, the 5/16/67 253 reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9376, "RESOLUTION ABANDONING PROCEEDINGS TO VACATE AND CLOSE PORTIONS OF 2OTH STREET AND 22ND STREET," 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 Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9377, "RESOLUTION APPROVING IN PRINCIPLE, THE STUDY DESIGN COMPREHENSIVE PLANNING PROGRAM SAN DIEGO COUNTY, CALIFORNIA, BY BARTON-ASCHMAN ASSOCIATES," 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 Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance of the City of National City Adding Chapter 62 to the National City Municipal Code Relating to Towing Services," was presented for the first reading. Moved by Colburn, seconded by Harris, the first reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. COUNCILMAN HARRIS stated at the Maytime Band Review award presentations he was in the Bowl listening to the public address system; it is in great need of repair or else they need a new system. Moved by Harris, seconded by Hogue, the problem be referred to the City Manager. Carried by unanimous vote. COUNCILMAN HOGUE stated some time ago he asked a program be started to surface streets on the west side of Roosevelt where curbs and sidewalks were installed and he would like to know how the project was coming along. City Manager Osburn said they had started the project and had completed all streets between the Freeway and National Avenue, Division Street and 18th Street; they were now working on the other side of the Freeway; they should have every street west of National Avenue that has curbs surfaced prior to the end of June. Councilman Hogue stated this should be an incentive to other citizens of our community who live on dirt streets to install curbs, gutters and sidewalks. MAYOR MORGAN asked the City Attorney if an employee could work on election or politics or referendum or anything, or was it against the law? City Attorney McLean said, "City employees are free to engage in the same political activities as a private citizen as long as they do not use the City's property or money or time to pursue their private political interests; there are specific sections of the Government Code that prohibit the doing of cer- tain things: one in particular is that it prohibits any public employee from engaging in a political activity while in uniform, prohibits the solicitation of a collection of political donations in City property during working hours, and other sections purported to prohibit a City employee from engaging in a campaign involving a City election; that particular section was declared unconstitutional recently by the State Supreme Court. So City employees are free to engage in, to be for or against any City proposition or any City election as long as their activities do not involve the use of public funds, public property or occur during normal working hours and, in particular, as long as the City employee does not use the fact of his City employment to sway any prospective voters, then with those limitations they are free to do what they will, the same as any other private citizen. They have to obey the same laws but cannot be held to a different standard of political rights than the private citizen with the exceptions just enumerated." MAYOR MORGAN recommended the City Manager be instructed to bring to Council next week a report listing the parcels of land owned by the City and the sizes; the City should get out of the real estate business. Moved by Harris, 5/16/67 254 seconded by Reid, the Mayor's request be approved. Carried by unanimous vote. MAYOR MORGAN suggested everyone visit the main floor of the Civic Center to see the display of art work sponsored by the Cultural Committee. The Mayor's proposed proclamation of NATIONAL PUBLIC WORKS WEEK (May 14 - 20, 1967) was read. Moved by Colburn, seconded by Harris, the proclamation be approved. Carried by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $12,022.44 Traffic Safety 5,002.20 Capital Outlay 953.20 Park 1,214.45 Retirement 11,697.75 Gas Tax 186.1 343.20 Trust and Agency 75.00 Sewer 1,293.54 Civic Center 8,145.17 T OTAL yS40,746.95 Moved by Reid, seconded by Harris, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. The TRAFFIC SAFETY COMMITTEE'S recommendation a study be conducted on the advisability of locating two-way and four-way auxiliary signs below arterial stop signs, was presented. Moved by Harris, seconded by Colburn, this be referred to the City Manager for a study. Councilman Hogue inquired if the City Manager was to do it or did the Traffic Safety Committee want to do it. Mayor Morgan said the Committee made a recommendation this be done. Carried by unanimous vote. Councilman Harris said the Committee asked that a study be conducted; this was their recommendation. Vice Mayor Colburn said what Councilman Hogue was asking was who was the Traffic Safety Committee asking the study be by. Joe Minogue, 1105 E. 4th Street (member of the Traffic Safety Committ� , was present and said they were happy to have the City Manager study it; the Chief of Police was in consultation at the last meeting and he suggested something along these lines; what they really wanted was Council's aporc>i to go ahead with it. Councilman Hogue said Mr. Minogue said they wanted permission to go ahead with the study; if that was what they wanted, I% mould not be necessary for City Manager Osburn to conduct the study. C_'. Y M:.m3rer Osburn stated the staff could conduct the study along with the `s:a_'_.- Safety Committee if the Council so desired and would come up with a reccr,me da.tion within the next couple of weeks. The TRAFFIC SAFETY COMMITTEE'S recommendation "no right turn on red" sign be installed at t 'a intersection of loth and Highland, was presented. Moved by Harris, seconded by Colburn, the recommendation be approved but on a ninety day basis. Carried by unanimous vote. The CITY MANAGER'S recommended changes to the Agenda were presented. Ordered filed by unanimous vote. The request of the NATIONAL CITY JAYCEES to use the Community Building at no charge, May 20th, for the Miss National City Contest, was presented. Moved by Colburn, seconded by Morgan, the request be granted. Councilman Reid inquired how the committee on the recommendation for use of City facilities was coming along. City Manager Osburn said the recommendation would be ready next week and it does approve of requests such as this; there will be quite a few stipulations that would have to be met by organizations and groups for free use of City facilities. The City Manager further said the contest under discussion would be staged by the Jaycees who would be furnished the funds by the Chamber of Commerce; the City budgets funds for 5/16/67 255 the Chamber for City advertising and in reality the City would be paying for the contest; if a fee were charged, we would just be charging ourselves. Councilman Harris stated when they received the recommendation from the City Manager he hoped Council would set a policy of having the City Manager handle matters of this nature. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. The request of the THOMAS H. COSBY, JR., POST OF THE VETERANS OF FOREIGN WARS for a permit to sell poppies within the City on May 26th and 27th, was presented. Moved by Hogue, seconded by Harris, the request be granted. Carried by unanimous vote. The request of the SOUTH BAY PLAZA MERCHANTS ASSOCIATION the Council consider naming the entire length of loth Street from the Freeway to the farthest point east "Plaza Boulevard," was presented. Moved by Harris, seconded by Reid, this be laid over until they have the public meeting that was requested by Council of the City Manager and Chamber of Commerce. Carried by unanimous vote. The request of NATIONAL CITY JUNIOR HIGH SCHOOL to use the Memorial Bowl from 8:30 to 11:30 a.m., Tuesday, June 13th, for an assembly program, was presented. Moved by Hogue, seconded by Harris, the request be granted. The TRAFFIC SAFETY COMMITTEE recommendation road paint removing machinery be purchased for the removal of old and obsolete designated crosswalks and lanes on City streets, was presented. Moved by Hogue, seconded by Harris, the recommendation be referred to the City Manager and the Finance Committee. Carried by unanimous vote. A cope of a communication to the COUNTY BOARD OF SUPERVISORS FROM THE COUNTY ENGINEER recommending the improvement of Paradise Valley Road east of National City to four lanes, eliminating as many curves as possible, be included in the budget with construction scheduled for 1968-69 (approved and authorized by the Board of Supervisors May 2, 1967), was presented. Moved by Colburn, seconded by Hogue, the,communication be filed. Mayor Morgan recommended the Mayor and City Manager each send a thank -you letter to the Board of Supervisors. Moved by.Colburn, seconded by Hogue, the Mayor and City Manager eP,ch send a thank -you letter to the Board of Supervisors. Carried by unanirr..nz.i vote. The minutes of the TRAFFIC SAFETY COMMITTEE meeting of May 10th were presented. Order filed by unanimous vote. The minutes of the meeting of the LIBRARY BOARD OF TRUSTEES of May 3rd were presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN'S report on Retirement Costs as a Result of Actuarial Survey, 1967, was presented. Mayor Morgan recommended the report be referred to the Finance Committee. Moved by Colburn, seconded by Harris, the Mayor's recommendation be pproved. Carried by unanimous vote. CITY MANAGER OSBURN'S report estimating the cost for maintenance and operation of the Metropolitan Sewage System 1967-68, was presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN'S report on the Legislative Bulletin of May 8th, was presented. The City Manager said there were seven items on the bulletin; they followed the recommendation of the League in all of the items where necessary; there were possibly one or two letters that should be written. Moved by Harris, seconded by Reid, it Ls approved. Carried by unanimous vote. CITY MANAGER OSBURN'S recommendation Certificate of insurance for San Diego Urban League and Neighborhood Youth Corp (Workman's Compensation and Compre- hensive Liability) be filed with the City Clerk, was presented. Moved by 5/16/67 256 Hogue, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN'S report of items filed with the City Clerk: (a) Minutes of the San Diego Irrigation District Board of Directors, April 4th (b) Minutes of the San Diego County Water Authority Board of Directors, April 13th (c) San Diego County Water Authority report to member agencies, May 2nd (d) San Diego County Water Authority schedule of committee meetings (e) U. S. Army Corp of Engineers notice of danger zone to be established in the vicinity of San Clemente Island, was presented. Ordered filed by unanimous vote. CITY CLERK MINOGUE'S report of May 12th on the referendum petition (Ordinance No. 1164) which was received May loth, was presented. Moved by Colburn, seconded by Harris, it be referred to the City Attorney and the City Manager for a recommendation. The City Clerk stated she had completed the examination of the signatures on the Petition against the Affidavits of Registration late that afternoon and had a Certificate (Doc. No. 39079) on her findings. City Attorney McLean stated he thought it should be withheld until he had an opportunity to examine the Petition; that would be his recommendation. Mayor Morgan stated they should follow the City Attorney's recommendation; there may be items that were not proper; we hire the City Attorney to advise us in things like this and we should listen to the City Attorney. Carried by unanimous vote. CITY CLERK MINOGUE reported communications received from legislators and on file in her office as follows: (1) Senator James R. Mills (cigarette tax); (2) Assemblyman March K. Fong (cigarette tax); (3) San Diego Councilman Helen Cobb (acknowledging our resolution concerning respect for law and order). Ordered filed by unanimous vote. STUDENT DIRECTOR OF PLANNING MOVIDO read the Planning Commission's recommen- dation, dated May 8, 1967, regarding the installation of curbs, gutters and sidewalks at 2145 E. 8th Street that a. building permit with the waiver of the installation of curbs, gutters and sidewalks be issued subject to the following conditions: (1) The property owners dedicate the Westerly portion of V Avenue abutting the subject property and install curbs, gutters and sidewalks at the time the street is improved, whether by a property owners improvement project or by a 1911 Improvement Act project initiated by the property owners or by the City Council. (2) The property owners not oppose any improvement project initiated on the improvement of V Avenue. (3) If V Avenue is improved by a 1911 Improvement Act the property owners shall install any portion of sidewalk, curbs or gutter not installed as a part of the 1911 Act proceedings. (4) Any parking of automobiles permitted by the property owners within the Westerly portion of V Avenue shall not be counted in calculating the required off street parking for a church or any other use permitted upon said property. Moved by Colburn, seconded by Harris, the recommendation of the Planning Commission be approved. Howard Morrison, 2121 Hoover Avenue, was present and said they had had ten years and three months discussion on this; there's a much needed drainway from 5th Avenue down to 7th Avenue; they have discussed dedicating the City ten feet; they had not seen the stipulations recommended by the Planning Commission before that night; they had asked for about thirty-three feet but did not have the authority to offer it to them tonight; they believed the Baptist Temple would dedicate ten feet; they had the City Attorney look into it and the dedication was not required but to get a building permit his people had decided to dedicate ten feet to take care of the curbs and sidewalks; the stipulations recommended by the Planning Commission make it impossible for his people to accept. Orville Tuck, Pastor, Baptist Temple, 565D Flower Street, Chula Vista, was present and sated the thirty feet which they had been told should be dedicated was roughly 27% of their entire property which they had bought at a considerable price with the idea of using it for church property. Rev. Tuck was not in accord with Planning Commission Stipu- lation 2 but felt Stipulation 4 was a very fair one; the installation of 5/16/67 257 curbs and gutters at the time the street was improved is a thing that they would have to go along with; the church would be willing to accept something less than this but 27% of their one hundred ten feet for which they paid something just under $40,000.-00 was a pretty good chunk of church property. Councilman Harris inquired' if there had been any of that property dedicated. Director of Planning Stockman said going from 4th Avenue to 8th Avenue they had a full dedication between 4th and 5th; they had a considerable amount of undeveloped land to the west of V Avenue; between 5th and the westerly half they merely have the full 30 foot dedication on the east half given by all of the prcprarty owners. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: Morgan. THE CITY TREASURERtS REPORT for the month ending April 30, 1967 was presented. Ordered filed by unanimous vote. MAYOR MORGAN again thanked the students, teachers and everyone involved in making Student in Government Day a wonderful day. Moved by Hogue, seconded by Reid, the meeti:n be closed. Carried by unanimous vote. The meeting closed at 8:40 p.m. MAYOR, CI ? !, NA IONAL CITY, CALIFORNIA ATTEST: 5/16/67