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HomeMy WebLinkAbout1967 06-06 CC MIN264 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 6, 1967 The regular muting 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, Stbckman. The meeting was opened with salute to the Flag led by City Manager Osburn, fbllowed with invocation by Vice Mayor Colburn. Moved by Hogue, seconded by Harris, the minutes of the regular meeting of May 23, 1967 be approved. Carried by unanimous vote. FINANCE COMMITTEE CHAIRMAN COLBURN called a meeting of the committee for Monday, June 12th, 4:00 p.m. COUNCILMAN REID stated he had read in the newspaper the Mayor received a letter from a San Diego councilman stating they were ready to annex National City; they should have other things there to do other than thinking of annex- ing National City and he wanted the councilman to know he had said that. MAYOR MORGAN stated he understood why people work against bonds as it would raise property taxes on their homes and businesses; he could not see why anyone would work against the proposed redevelopment that would not cost the tax payers one penny on their property tax; our economy thrives on the Federal Government; a few of the plants that would close down without Federal help are: Atlas Missile Plant, National Steel, Convair, Ryan, Solar, and the desalting plant in Chula Vista; $4,000,000.00 is being spent in our port; all of the schools would close their doors, North Island in Coronado would close down; we would not have a freeway in San Diego County, all of the post offices would close their doors, we would have no more Navy base nor Marine base; not a person in San Diego County or National City would say these concerns were bad for the economy of this area. The Mayor further said he could not see why anyone in the City of National City would vote against Federal help. Councilman Hogue stated some of the businesses existed before Federal subsidy; a lot of them depend upon the Federal Government for expansion and things of that nature; we should not allow pressure by a group of people to force us to exaggerate to try to convince people what is right and wrong; the majority of the people knew what the Council was trying to do, where the money would be coming from, and what the project would achieve; he did not condone all of the Mayor's statements but he did back the program and was certain the people would go along with it. The Mayor's proposed proclamation of NATIONAL FLAG WEEK (June 11 - June 17, 1967) was read. Moved by Hogue, 9eoonded by Harris, the proclamation be approved. Carried by unanimous vote. The Mayor's proposed proclamation of RACE UNITY DAY (June 11, 1967) was read. Moved by Colburn, seconded by Reid, the proclamation be approved. Carried by unanimous vote. The Rev. Harris E. Lidstrand, 909 Palm Avenue, was present and asked the Council to consider the moving of the old church parsonage from 944 V Avenue to the church property at 1220 E. 8th Street. City Manager Osburn stated this appeared on the Agenda a couple weeks ago; forms were sent to each councilman regarding it; a report from Director of Building and Housing Biggs stated the buildings complied with the minimum code requirements for Type V construction but if the request for relocation was approved, his office recommended the following conditions be observed: (1) Foundation in con- formance with Chapter 28 of the building code (2) Connection of all plumbing 6/6/67 265 fixtures to the public sewer stem (3) Performance bond in the amount of $750.00 (4) All work to comply with applicable city and state regulations; required permits to be obtained prior to the commencement of any work (5) Time limit for completion of all work not to exceed ninety days. Moved by Colburn, seconded by Reid, the request be granted with the stipulations set forth by the Building Department. Carried by unanimous vote. MARTIN GUTFLEISCH, 1015 U. S. National Bank Building, Attorney for Ja'Mac Lumber Company, was present and reported Ja'Mac requested a permit from the Unified Port District to rent the property adjacent to the property he is now Occupying on a month -to -month tenancy for the purpose of storing lumber; laterthey plan to request a long term lease for the property. City Manager Osburn recommended the temporary use be allowed, the lumber to be stacked in accordance with standard procedure for an operation of this type, providing when a long term lease is acquired all provisions of National City's zoning ordinance be complied with. Moved by Harris, seconded by Colburn, the City Manager's recommendation be approved. Mr. Gutfleisch said when they acquired the long term lease they would came in ahead of time with the plans; even on their present temporary lease they have landscaped. Councilman Hogue inquired if Ja'Mac meant if they got the long term lease on the property they were now occupying they would fence it in and do all of the things required or were they talking about the property requested tonight. Mr. Gutfleisch said the Port District wasn't sure which piece they could give them on a long term lease; whichever it was would be fenced in, black topped and they would have a building on it. Councilman Hogue inquired if they were given a temporary lease on this property would it be included in their improvement area. Mr. Gutfleisch said they definitely would. Carried by unanimous vote. RUBEN RUBIO, 1729 Cleveland Avenue, representing the Sister City Committee, was present and stated last week the Mayor of Tecate, Mexico, presented the Mayor of National City with a resolution acknowledging National City as their sister city; he had a duplicate resolution and requested it be filed with the City of National City. Mayor Morgan said it would be filed with the City Clerk; he congratulated the Rubios on the fine job they were doing with the Sister City Committee. E. H. ALSDORF, 2105 J Avenue, was present and said he would like to see a stop sign for 21st Street and J Avenue; a change of name of the Traffic Safety Committee to Traffic Committee. Mr. Alsdorf stated there were com- plaints regarding the special election to elect a councilman when they could have saved money by just agreeing among themselves on an appointment and also the amount spent for the new Civic Center; they were close to malfeasance in office. Mr. Alsdorf further stated in order to know what was being voted upon when a resolution or an ordinance was presented, he would like it read; the people did not know what the Council had acted upon after they had acted. Moved by Harris, seconded by Hogue, the corner of 21st Street and J Avenue be referred to the Traffic Safety Committee to determine whether or not a stop sign was warranted there. Carried by unanimous vote. Councilman Hogue defended the special election; the election resulted in a difference of 19 votes between the two candidates; when two men of such quality were available for office the people should choose. Councilman Hogue inquired if copies of proposed resolutions and ordinances were available to the public before they were voted upon. City Manager Osburn stated they normally did not make copies for the public prior to adoption. Councilman Hogue stated it took two weeks for the Council to reject or pass an ordinance; if the public was interested in the ordinance would the contents of the ordinance be available to the public if it was interested. City Manager Osborn said anything that was of public record was with the City Clerk and was available to the public; reso- lutions were normally made up Friday morning just before or just after the staff meeting and would not be available; they could make copies and post them in the lobby after the first reading if Council so desired. Ben Records, 721 G Street, was present and commended the City and the various committees and the National City Chamber of Commerce for establishing diagonal parking between 7th and 8th on G Avenue. 6/6/67 266 COUNCILMAN REID inquired if the Library has a National City ordinance book. City Manager Osburn said they had the ordinances that had been passed but not the new ones. E. H. Alsdorf stated the first reading of the ordinances should be the one that tells the populous what the ordinance will cover and then they should be able to go to the City Clerk's office and read the ordinance. Vice Mayor Colburn said when the title was read the City Attorney could briefly outline it; if anyone then felt more information was necessary they could authorize the reading of it. Mayor Morgan inquired if anyone so desiring could go to the City Manager's office and obtain a copy of an ordinance. City Attorney McLean said they could have anything the Council wanted made available; if Council wanted copies prepared at the public's expense, that would be fine; he would not give a copy of a proposed ordinance to the public before the first reading because until that time it is a private document between the attorney for the City and the Council sponsoring the ordinance, unless some councilman tells him to give that document away; after the first reading the public is entitled to know what the body of that ordinance says; as far as making copies were concerned and giving them out, that would be up to the Council. City Manager Osburn said normally copies were $1.00 a sheet for each copy sold; they could, however, make it available by posting it. Moved by Hogue, seconded by Colburn, all ordinances be posted after the first reading. Carried by unanimous vote. RESOLUTION NO. 9380, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION QUIT- CLAIM DEED (Robert A. and Marjorie M. Miles)," 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 Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY MOLEAN stated there were four resolutions relating to the 1911 Act on Plaza Boulevard from Harbison to Terry Park Subdivision. Moved by Hogue the reading of the four resolutions be waived and they be adopted by reading of the titles only. Motion died for lack of second. Mayor Morgan stated he and the City Manager would like to check with "all of these fellows" on the Plaza Boulevard 1911 Act. Moved by Hogue, seconded by Harris, these four resolutions be laid aside until this information is developed for Council. Carried by unanimous vote. RESOLUTION NO. 9381, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF NATIONAL CITY ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES," 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 tiAke was read. Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: Harris. ORDINANCE NO. , "An Ordinance of the City of National City, California, Limiting the Authority of the Community Redevelopment Agency to Function," was presented for the first reading and read in full. Councilman Hogue stated the whole urban redevelopment idea started with his desire to improve National Avenue and then they switched over to the other area which was appropriate because of the development of the pier; he did not feel that a redevelopment of National Avenue would be of any interest to people to vote on as it would not pertain to homes; we have to get rid of a few beer joints, tattoo joints and adult books only, etc.; he wanted it to be known he was not appeasing these people when he voted "yes" on the ordinance. Mrs. Chambers, 1318 E. 18th Street, was present and said when an ordinance was adopted there was nothing to say it could not be rescinded. Mayor Morgan said a petition could be circulated to keep an ordinance from being rescinded. Councilman Hogue stated he felt wrong methods were used in circulating the petition; this was the Council's method of combating the means which her group used to get the petition signed; people who believe in us believe we are sincere in what we say and maybe they won't listen to what your group told them. Mrs. Chambers said the petition was only to let the people vote 6/6/67 267 whether or not they wanted the City Council to be set up as a redevelopment agency. Councilman Hogue stated Mrs. Chambers had done a terrific job in circulating the petition but he thought it was presented to the people wrong; they had said before the petition was circulated they would never take residential housing unless it was put on vote. Mrs. Chambers said once they had applied for a grant, in order to get the grant they would have to have an inspection of our homes and it said in the newspaper that eventually every home in National City would be inspected. Mayor Morgan stated Council- man Hogue was a bit modest in what he said but he thought there were lies told while circulating the petition. Florence Uzumecki, 524 I Avenue, was present and objected to calling people liars; they presented what they believed to be the truth in this matter. Mrs. Uzumecki said in addition to being a member of the John Birch Society she was a member of the Church of Divine Science, Horseless Carriage Society and the Eastern Star. ORDINANCE NO. 1167, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON AUGUST 1, 1967, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY THE PROPOSITION OF THE ADOPTION OF A CITY ORDINANCE 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," (adopted May 23rd after the first reading) 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. Moved by Harris, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. RESOLUTION NO. 9382, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF NATIONAL CITY, RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON AUGUST 1, 1967," was presented. Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $66,008.46 was presented. Moved by Colburn, seconded by Harris, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $14,911.75 Traffic Safety 6,366.19 Park 1,386.89 Gas Tax 2107 4,076.88 Gas Tax 186.1 43,230.00 Sewer 2,014.02 Civic Center 898.06 T OTAL 72,883.79 Moved by Colburn, 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 DIRECTOR OF PUBLIC WORKS' report on a public address system for the Kimball Park Bowl Area and the City Manager's recommendation equipment be rented for graduation exercises, were presented. Moved by Hogue, seconded by Harris, the City Manager's recommendation be approved. Carried by unanimous vote. An application for premises to premises transfer of off -sale general license by GRACE E. CRANDELL, MYRTLE M. MAGUIRE and PAUL MITCHELL, DBA HOWARD'S 6/6/67 268 LIQUOR, 228 Highland Avenue, was presented. Moved by Colburn, seconded by Harris, the application be filed. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid. Nays: Hogue, Morgan. A communication from the President, National City Chamber of Commerce, requesting consideration be given to bringing pro baseball (California Collegiate Baseball League) to National City (enclosing the League's budget), was presented. Moved by Harris, seconded by Colburn, the request be referred to the Finance Committee. Vice Mayor Colburn stated he would like a note sent to the Chamber of Commerce so they might attend the Finance Committee meeting. Carried by unanimous vote. A communication from MISSION CABLE TV, INC. in regard to corporate reorgani- zation and requesting adoption of an ordinance consenting to same, was presented. (The City Clerk stated she had a copy of the Annual Report which would be on file.) Moved by Colburn, seconded by Harris, this be turned over to the City Attorney for his approval as to the possibility of its being done by a resolution. Carried by unanimous vote. Henry R. Goldstein, Vice President, Mission Cable TV, Inc., was present and said the license they have with the city calls for this to be done by ordinance. Moved by Harris, seconded by Colburn, if this cannot be done by resolution, there will be an ordinance prepared for the next meeting. Carried by unanimous vote. Councilman Hogue inquired if the agreement they now have with Mission Cable TV would be binding with the other people after the corporate reorganization. City Manager Osburn said he was sure it would be. Mayor Morgan asked the City Manager to bring them a report next week regarding this. Mr. Goldstein said he could commit Mission Cable TV tonight as he did before; there would be no changes in the policy; Cox Broadcasting Corporation is committing as much money, if not more, toward the continuation of the fight if it goes to the Supreme Court; they intended to carry it through and he spoke for Cox as well as Mission Cable TV. Councilman Hogue inquired if as soon as the Court decision has been made they will start installation of cable in this City. Mr. Goldstein said they would as soon as they were legally able. A communication from CITY MANAGER OSBURN in regard to items filed with the City Clerk: (1) Certificates of Insurance for V. R. Dennis Construction Co. (2) May 22nd report to operating heads of member agencies from the San Diego County Water Authority (3) Title insurance policy for National City Park Apartments and Dale Building Co. (4) Note in the amount of $217,764.00 to be held by the Clerk until the note was paid, was presented. Moved by Harris, seconded by Reid, the communication be filed. Councilman Hogue inquired what No. 4 was. City Manager Osburn said it was a note on,the property between D Avenue and 165' east of A Avenue; this is a portion they will not build on at this time. Carried by unanimous vote. A communication from the NATIONAL MULTIPLE SCLEROSIS SOCIETY requesting per- mission to conduct an annual fund raising campaign June 9th - llth and the City Treasurer's recommendation the request be approved with no fee, was presented. Moved by Hogue, seconded by Reid, the request be granted with no fee. Carried by unanimous vote. An application for refund of a $25.00 Performance Bond by J. W. BURRIN, 800 W. 20th Street (approved by the Engineering Department), was presented. Moved by Colburn, seconded by Harris, the application be approved and a warrant drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. A letter of resignation from MRS. BERNICE MORGAN, LIBRARY ASSISTANT, was pre- sented. Moved by Colburn, seconded by Harris, the resignation be accepted. Carried by unanimous vote. A communication from the DIRECTOR OF BUILDING & HOUSING in regard to the approval of ABS plastic drain, waste and vent pipe and fittings, was presented. Moved by Colburn, seconded by Harris, the request be approved. Carried by unanimous vote. 6/6/67 269 The minutes of the regular meeting of the CIVIL SERVICE COMMISSION of May 17th, were presented. Moved by Harris the minutes be filed. Motion died for lack of second. Vice Mayor Colburn said the City Attorney made a statement in regard to holding a new test for Fire Engineer and he would like to hear his comments regarding the legality of a new test as opposed to retaining the person appointed to the job. City Attorney McLean said the Civil Service Commission announced rules for a promotional examination (for Fire Engineer) among which rules was one that a score of 70 would be passing on the written portion; a person who did not achieve a score of 70 on the written portion of the examination was appointed to a higher rank in the Fire Department; he expressed his opinion that the appointment was faulty; another fireman appealed, based on the appointment of a man who appeared under the rules of the examination to be an ineligible candidate; that appeal was sustained under the provisions of the Civil Service ordinance; the Civil Service Commission then elected to give a new examination for fireman; the appoint- ment of the individual who did not qualify under the rules of the examination given to him, his appointment was void; whether or not the City wanted to fill what is (in his opinion) a vacant position was a management problem; under the existing Civil Service ordinance, an ineligible person should not be appointed to a Civil Service position; the present occupant of the posi- tion was ineligible. Councilman Hogue inquired what it meant when they stated 70 was passing. City Attorney McLean said he reviewed the examination procedure with Mr. Linn, the personnel officer, and the examination was announced as an oral, written and practical examination; different weights were given to the different parts; it was announced by the Civil Service Commission before the examination was given that the first portion would be the written portion and it was necessary to achieve a score of 70 to pass the written portion of the test. Councilman Hogue inquired if it stated you must pass the written part before you would be eligible to take the oral part. City Attorney McLean said it didn't use that exact language; the individual in question did not pass the written test; nevertheless, he was considered and allowed to take the other two portions of the examination; that was a violation of the regulations for the examining procedure; an affected fireman appealed under the Civil Service ordinance; his appeal was sustained. Councilman Hogue inquired if the rules stipulated that failure in any of the three categories would eliminate that person. The City Attorney said without having the exam announcement before him he couldn't give him the exact language; it was his opinion that a man who did not achieve a pass- ing score on the written exam should not have been considered any further; even if he were wrong, the fact remained that another candidate successfully pursued his appeal and his appeal was granted; that is the final action on any personnel matter. Councilman Harris inquired who made the appointment. The City Attorney said the department head made it; after the examination was given the top three people, ranked in order of their score, were certified, from that list the department head made his appointment. Moved by Colburn, Council go on record upholding the appeal and that the reexamination that had been requested be scheduled. Mayor Morgan said he believed they told the Civil Service Commission they intended to have another examination; there's no reason why they should reconfirm that. Vice Mayor Colburn said the motion was made and carried unanimously that the Fire Engineer test be tabled until after discussion with the City Council and the City Attorney; he felt that this discussion had taken place. The Vice Mayor then inquired if the City Attorney could word a motion for them that would show that they want to file the minutes of the Civil Service Commission meeting of the 17th and also state the Council's position. Mayor Morgan recommended they file the minutes and authorize the City Manager to notify the Civil Service Commission that they intended to have another examination. Moved by Harris, seconded by Colburn, the Mayor's recommendation be approved. Councilman Hogue stated he was not against giving another test but before they took the job away from the man whom the head of the department selected, he would personally like to look at the Civil Service rules and see if he could get an interpretation of what they meant when they said under 70 was failing, whether it meant that "wiped" you out or whether if you made 69 you were "still in the running." Ruben Rubio, Chairman of the Civil Service Commission, was present and said 70 never had been on Civil Service Rules as a passing grade; a lot of the 6/6/67 270 time we have 70 or the top 10; in this case only two made a score of 70 or above and they had to have three certified candidates. Councilman Hogue asked Mr. Rubio if he felt the man who was appointed deserved the appointment. Mr. Rubio said the main purpose of the Civil Service Commission was for the welfare of the employees; if they removed this person from the position they would have more friction; six months has gone by and it might not be for the welfare of the firemen to remove this man; he talked to the department head and the man was doing a good job and deserved the job. Vice Mayor Colburn stated possibly the other two men studied for the written exam a little bit harder; it was their argument, as he understood it, through fairness that they be the only ones to be considered; if they threw one thing out they should have thrown it all out then; but because they didn't they appointed a man who hadn't passed the written test but built up his total score by his other abilities; when this took place it was necessary to have three candidates with 70% or more to qualify one, they should have held a new written examina- tion right then and there. The Vice Mayor said because it has gone this far, if they hold another test, the man who held the position for six months would have the advantage of experience in the position and might come out on top. Mr. Rubio said the man appointed had the highest overall score; all three men were interviewed. Vice Mayor Colburn said as far as the overall picture went, all three were interviewed by the department head and one was chosen, but 70% was what the City Attorney was bringing out; the fact that this grade of 70 was suggested as passing and when it was suggested as pass- ing and you don't pass, it was usually considered a failure. Mr. Rubio said what has happened between Civil Service, the City Council and the City Manager was that it was recommended to them when there was not a passing grade they should go below that; it was recommended by the City Manager and they had a letter from ilia saying whenever they did not have sufficient pass- ing at 70 then they should go ten points below. Councilman Harris inquired how long this party had been working. Mr. Rubio said since December. Councilman Harris said everyone knew a grade of 70 had to be passed and this man didn't make it; and asked who gave him his oral examination; somebody okayed him; it wasn't his fault; now the man has been working for six months and it is not his fault; he is in there and is a good man and Mr. Rubio's recommendation is not to have another examination, let him carry on, and if we file the minutes that is exactly what happens. Mayor Morgan said it was time they set a policy; it was wrong for them to select someone who didn't pass the examination; they will have to go over the Civil Service ordinance. Councilman Hogue said he agreed with the Mayor; however, he agreed with Mr. Harris also; other men had been allowed, on the City Manager's recommendations, to try to qualify for these jobs; maybe there are some men working now who scored below 70 on a written test; if we take this man out of his job, we will have to take those other men out of their jobs; we should let this man keep his job and appoint a committee to review this problem so that we won't be faced with it again. Mayor Morgan said morale suffers when this sort of thing happens. Councilman Harris said he agreed changes were needed but they should not remove this man after six months on the job; perhaps he had set up his life differently because he thought he had a lifetime job. Mr. Rubio said in the past the other Civil Service chairmen have been told what to do by the Manager or the Mayor but he wouldn't stand for it; he would fight for what he believed was right. Vice Mayor Colburn inquired if it would be legal to leave this man in the position. City Attorney McLean said he did not have the final answer on that; some 41 months ago he told the gentleman now occupying the job that his appointment was no good; he has known since then that there was some question about it. Vice Mayor Colburn said they had a City Attorney and if they were not going to listen to his recommendations, they might as well abolish the position; they had better refer this or lay it over and get a written report from the City Attorney; they could bring this back on the floor at the next regular meeting and at that time be closer to agreement on what they could do legally. Motion to approve the Mayor's recommendation carried, by the following vote, to -wit: Ayes: Colburn, Reid, Morgan. Nays: Harris, Hogue. Mayor Morgan appointed Councilman Colburn, Councilman Reid and the City Manager to study this and Other phases of the Civil Service Ordinance and come back to Council with a recommendation. 6/6/67 271 A communication from PAUL T. MIZONY, 614 Highland Avenue, in regard to books presented to the National City Public Library, was presented. Ordered filed by unanimous vote. A communication from WILL T PRINCIPAL, SWEETWATER UNION Government Day program, was the communication be filed. read. Carried by unanimous . HYDE, U. S. GOVERNMENT TEACHER, and A. A. CAMPBELL, HIGH SCHOOL, in appreciation of the 1967 Youth in presented. Moved by Harris, seconded by Colburn, On request of Councilman Hogue, the letter was vote. A communication from COUNTY ENGINEER D. K. SPEER enclosing the Board of Supervisor's resolution declaring a portion of 30th Street lying within the City of National City to be a County highway and requesting the City consent to this action by adoption of an ordinance and the City Engineer's recommenda- tion the ordinance be prepared and adopted, were presented. Moved by Colburn, seconded by Reid, the request be approved. Carried by unanimous vote. A communication from the PRESIDENT, SIGMA PHI GAMMA SORORITY, requesting waiver of license fee for their semi-annual rummage sale on June 17th, was presented. City Manager Osburn recommended approval of the request. Moved by Colburn, seconded by Harris, the request be approved. Carried by unanimous vote. A communication from DIRECTOR OF PARKS AND RECREATION MALEY in regard to National Recreation Month, was presented. Moved by Colburn, seconded by Harris, the recommendation of Director of Parks and Recreation Maley be approved. Carried by unanimous vote. The proposed proclamation of RECREATION MONTH (June 1967) was read. Moved by Reid, seconded by Harris, the proclamation be approved. Carried by unanimous vote. A communication from SAN DIEGO COUNCILMAN HELEN COBB, CHAIRMAN, SAN DIEGO LEGISLATIVE COMMITTEE, requesting Council action in regard to Assembly Bill 2454, deleting provisions of the Streets and Highways Code, was presented. Ordered filed by unanimous vote. A communication from A. J.OLIVER, 2805 N Avenue, in regard to his assessment for sewer construction (Spring Valley Sanitation District), requesting the City to pay the assessment as he had had access to a City sewer line and was assessed without the right to vote on the existance of the district, was presented. City Manager Osburn said the County did all of the work, held the hearings, etc. relating to this 1911 Act and there is where the hearings should have been held regarding this change in the 1911 Act. City Attorney McLean said all the 1911 Act proceedings were conducted by the County Board of Supervisors; the City Council had nothing to do with the project other than the original decision that part of the City be included in the Spring Valley Sanitation District; he could see no basis for the City to pay the assessment. A. J. Oliver, 2805 N Avenue, was present and said originally he was not in the district, the way he got into the district was on an engineer- ing change; the abandonment of the City sewer line in front of his place constituted the basis for his asking for the money. Moved by Hogue, seconded by Reid, the communication be filed. Carried by unanimous vote. Vice Mayor Colburn inquired if it would be expensive to conduct an investigation into the complete proceedings of the Spring Valley Sanitation District to include all the work in the County area as well as the City area and a written report as to what areas (within the City) would not have been touched if the Council had not agreed and what areas needed to be sewered and the cost; the Council had gone into it leaving it all up to the County and every time they turned around it seemed the County had used them for the benefit of their residents; the County people who needed the sewer seemed to be enjoying only the front footage of cost and some of our residents who couldn't possibly use the sewer in some areas in which it was installed are paying trunk line fees (and not just front footage fees). City Manager Osburn said they would have part of this information in their records but would also have to utilize 6/6/67 272 County records; next week he could make a report as to the feasibility of it. Vice Mayor Colburn said he would like to have this done but did not want to do it if it cost more than it was worth. Moved by Colburn, seconded by Morgan, the City Manager be authorized to bring next week a recommendation regarding the possibility of a complete investigation and a comparison of sewer charges in the Spring Valley Sanitation District. Mayor Morgan asked the City Manager to include a recommendation in regard to helping with the connection fees. City Manager Osburn stated they were trying to come up with something on that now. Councilman Hogue stated he received a. letter from City Engineer Foster saying the maps of the district approved by our resolution on April 6, 1965 did not include any sewer charges in the area indicated (Mr. Oliver); which means the County did not indicate to us that they were going to make any changes in this area. Councilman Hogue stated he was sympathic with Mr. Oliver but the County was responsible for this. Mr. Oliver said the reason for the change was to eliminate a pumping station resulting in several thousand dollars a year savings for the City; however, he did not feel he should pick up the bill for the City. Carried by unanimous vote. Vice Mayor Colburn stated the pumping station was discontinued but the City found that the "savings" derived did not make up the additional costs that were borne by the City. CITY CLERK MINOGUE announced that notice was posted setting the final date for filing arguments for or against the ordinance measure on the August 1st ballot as 4:00 p.m., June 15th. The report of the CITY CLERK listing communications received from legislators: (1) Senator George Murphy acknowledging Resolution 9357 (Pornography) and stating S 1584 to establish a Commission for the Elimination of Pornographic Materials has been introduced in Congress (2) Senator Thomas H. Kuchel stating he is co-sponsor of S 188 to create a Commission on Noxious and Obscene Matters and Materials which passed the Senate and is now pending in the House; and he has long supported efforts to combat the dissemination of pornography in interstate commerce (3) Assemblyman John G. Veneman, Chairman, Assembly Committee on Revenue and Taxation, in regard to the local cigarette tax proposal and stating he anticipates the legislature will raise the State cigarette tax and this State increase must be taken into consideration in the determination of the proper rate for localities (4) Senator George Murphy acknowledging communication regarding Section 131(g) of the Highway Beautifi- cation Act; National City views will be remembered when Senate begins its deliberation on the legislation, was presented. Ordered filed by unanimous vote. The recommendation of the PLANNING COMMISSION that Council hearing date be set for the vacation and closing of the alley between K and L Avenue from the southerly line of 20th Street to the northerly line of 21st Street (suggested date, July llth); the Planning Commission voted to recommend closing of the alley subject to staff recommendations (report of the Planning Commission to be presented at the hearing), was presented. Director of Planning Stockman recommended the report be received, that the City Clerk be authorized to set a public hearing, and the Planning Commission recommen- dation be taken under consideration at the time of the public hearing. Moved by Colburn, seconded by Harris, the Directory Mannino's recommenda- tion be approved. Carried by unanimous vote. The recommendation of the PLANNING COMMISSION that a Council Use District Hearing be set on zone change for Dale Construction Company for property located 125' west of the westerly line of Highland Avenue and the easterly line of F Avenue between the southerly line of 22nd Street and 290' south of said southerly line from R-4 to C-3-A General Commercial Zone (suggested date, July llth); zone change initiated by the City Planning Commission in accordance with the escrow agreements; the Planning Commission closed their hearing on May 22nd and voted the application be forwarded to the City Attorney for the proper action (Planning Commission report to be read at the hearing) was presented. Director of Planning Stockman recommended that the report be received by the City Council, the City Clerk be authorized to 6/6/67 273 set a -public hearing, and the Planning Commission recommendation be presented at the'time of the public hearing. Moved by Hogue, seconded by Harris, the Director of PJ.all'$. recommendation be approved. Carried by unanimous vote. Moved by Harris, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:20 p.m. ATTEST: 0, CITY ATI L CITY, CALIFORNIA CITY CLERK 6/6/67