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HomeMy WebLinkAbout1967 06-13 CC MIN274 MINUTES OF THE REGULAR MEETING CF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 13, 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 E. H. Alsdorf. Moved by Colburn, seconded by Harris, the minutes of the regular meeting of June 6, 1967 be approved. Carried by unanimous vote. POLICE LT. ALFRED J. CRACOLICI read a communication from the National City Police Officer's Association regarding possible re-evaluation of the Merit System recommending: (1) Retention of the Educational Incentive Plan for the National City Police Department (2) Revision of the plan to incorporate the P.O.S.T. Certificates (a. Basic P.O.S.T. Certificate, 0.00% b. Intermediate P.O.S.T. Certificate, 2.50% c. Advanced P.O.S.T. Certificate, 5.00%) or (3) The present requirements for the Educational Incentive pay as now existing without revision (4) Establishment of a non -police Educational Committee to evaluate courses of study. JQHN F. GROBE, 107 E. 4th Street, was present and reported on June lst, fifteen months after asking for aid on his alley (and getting none) he hired an attorney and went to Court; Mr. Johnson decided to drop the lawsuit and bought Mr. Grobe's property plus his rights in the alley. Mr. Grobe said after fifteen years on National Avenue they had decided to help with urban renewal and moved their store to Highland Avenue. TOM LEONARD, 2740 Lincoln Court, was present and said three members of the present Council were on the Council when National City residents were put in the Spring Valley Sanitation District; he reminded the Council of Ordinance No. 784, outlining how sewers shall be acquired in National City and which entitles them to trunk sewer lines all over the City of National City; the County's Resolution of Intention was published in the National City Star -News January 27th and February 3rd, 1966, but on January 11, 1966 a Resolution ordering the work was adopted; this might be significant enough that someone should check the records. Mr. Leonard stated their case was comparable to the Boston Tea Party caused by taxation without representation; included in the paraphernalia at the Civic Center was a note from former City Manager Hess that said if they annexed to National City they would get sewers as cheap or cheaper than in the County, that the cost for an individual in the area of Lincoln Acres would not exceed $490.00 and the minimum cost would be much less. Mr. Leonard stated the City signed a joint resolution agreement with the County and a resolution cannot amend or repeal an ordinance; that the Constitution, Article 1, Section 21 states that no citizen shall be granted privileges or immunities that on the same terms that are not granted to all citizens; this is a breach of the Constitution; they have a fine case against the City; there will probably be suits if nothing comes of trying to get some consideration. Mr. Leonard outlined his solution for ending the controversy: City residents within the district petition the Council that sewers be installed under existing ordinance, the City Council take official notice of existing ordinances and take appropriate steps to make sure the Lincoln Acres area of National City was part of the National City sewer system by paying the owners of the property assessed by the Spring Valley Sanitation District; payment by the City of National City could be made in promissory notes or by issuance of warrants against tax collections; costs 6/13/67 275 of acquisition to be met by an increase in tax budget; this would remove the stigma of recent announcements that seemed to indicate that National City was financially and morally bankrupt. Mr. Leonard stated it was not necessary to call the Council's attention to the fact that they had sworn allegiance to uphold the Constitution of California and the Constitution of the United States; there is no wrong without a remedy and he would be glad to meet with the Mayor. MRS. CHAMBERS, 1318 E. 18th Street, was present and questioned the reasoning for and the advisability of the adoption of the proposed ordinance which would limit the authority of the Community Redevelopment Agency; if Ordinance No. 1164 (Redevelopment) is adopted by the people, there will be plenty of time to pass this proposed ordinance; they were advised by a legal authority that litigation proceedings would be in order if an attempt was made by the Council to uphold this ordinance either during the interim of the pending referendum or in the event Ordinance No. 1164 was rejected by the people; they could see no purpose for the proposed ordinance except for whitewash to influence the voters of National City. The Mayor inquired if Mrs. Chambers was opposed to people voting on the next one and she said she was not. DIRECTOR OF PLANNING STOCKMAN stated recently the Southland Industrial Park Subdivision, Unit No. 1 lying north of the proposed Sweetwater Flood Control Channel as approved by the City Council contained some Flood Plain Zoning (F-1 and F-2); a requirement of this zoning is that prior to any construction on this land a conditional use permit must be obtained; construction plans were coming in now, the first application from Walter F. Fiedler, Inc. requesting a building permit for a commercial structure at 3201 Coolidge Avenue; a communication from a Registered Civil Engineer indicated that the area that had been filled would not be drastically damaged by flood; a report from City Engineer Foster indicated that this one application was in order but he would like to first review all future applications; the City Planning Commission in their report dated June 13, 1967 recommended the issuance of a Conditional Use Permit to cover Lots 1 through 19, except Lots 14 and 15, of the Southland Industrial Park Subdivision, Unit No. 1, subject to four conditions. Moved by Harris, seconded by Reid, the Planning Commission's recommendations be approved. Carried by unanimous vote. RESOLUTION NO. 9383, "RESOLUTION GRANTING CONDITIONAL USE PERMIT TO SOUTHLAND INDUSTRIAL PARK, A JOINT VENTURE, FOR SOUTHLAND INDUSTRIAL PARK SUBDIVISION, UNIT NO. 1," 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 Colburn, the Resolution be adopted. Carried by unanimous vote. Moved by Colburn, seconded by Reid, six resolutions of transfer of funds be read by title only. Carried by unanimous vote. RESOLUTION NO. 9384, "RESOLUTION AUTHORIZING TRANSFER OP FUNDS," (Civic Center to Park Fund, $13,098.00 and General Fund, $33,461.98). Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9385, "RESOLUTION AUTHORIZING TRANSFER CF FUNDS," (Retirement Fund from: Library $5,100.00, Traffic Safety $9,911.00, Sewer Fund $5,325.00, Park Fund $8,200.00 and General Fund $6,200.00). Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9386, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS," (State Com- pensation Insurance and Group Insurance as per budget; General Fund from: Library Fund $1,994.50, Traffic Safety Fund $4,283.89, Park Fund $3,711.00, and Sewer Fund $1,143.96). Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9387, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS," (Traffic Safety Fund to Special Street Fund $13,202.78). Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. 6/13/67 276 RESOLUTION NO. 9388, "RESOLUTION ORDERING TRANSFER OF.A PORTION OF SALES TAX TO DRAINAGE FUND ($55,000.00). Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9389, "RESOLUTION ORDERING TRANSFER OF A PORTION OF SALES TAX TO SPECIAL STREET FUND ($64,000.00). Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9390, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE ALLEY BETWEEN "K" AND "L" AVENUE FROM THE SOUTHERLY LINE OF 20TH STREET TO THE NORTHERLY LINE OF 21ST 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 Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9391, "RESOLUTION CONSENTING TO THE CORPORATE REORGANIZATION OF COMMUNITY TELEVISION SYSTEM FRANCHISE HOLDER," was presented. Moved by Colburn, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Moved by Hogue, seconded by Harris, the resolution pertaining to the Coolidge Avenue 1911 Act be read by title only. Carried by unanimous vote. RESOLUTION NO. 9392, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (Coolidge Avenue from 13th to 18th Streets, 17th Street from Hoover to Railroad Tract, Assessment District No. 151)." Moved by Harris, seconded by Reid, the Resolution be adopted. (Councilman Hogue left the Council Chambers.) Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. (Councilman Hogue returned.) RESOLUTION NO. 9393, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (24th Street - Harrison to Hoover, SS Project #87)," 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 Reid, the Resolution be adopted. Carried by unanimous vote. Moved by Colburn, seconded by Harris, the two resolutions establishing a budget for the allocation of State Street Funds be read by title only. Carried by unanimous vote. RESOLUTION NO. 9394, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING) FUNDS." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9395, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9396, "A RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING PROCUREMENT OF NECESSARY SUPPLIES, ESTABLISHING VOTING PRECINCTS, DESIGNATING POLLING PLACES, APPOINTING OFFICERS OF ELECTION AND SETTING COMPENSATION FOR SAME, FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE FIRST DAY OF AUGUST, 1967,"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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. 6/13/67 277 RESOLUTION NO. 9397, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING SENATE BILL 489 ESTABLISHING STATE-WIDE EMPLOYMENT CONDITIONS FOR FIRE FIGHTERS," 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 Reid, seconded by Harris, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. ORDINANCE NO. , "An Ordinance Consenting to the Action of the County Board of Supervisors Declaring Portions of 30th Street Between National Avenue and B Avenue Lying Within the Limits of the City of National City to Be A County Highway," 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. ORDINANCE NO. 1169, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, LIMITING THE AUTHORITY OF THE COMMUNITY REDEVELOPMENT AGENCY TO FUNCTION," 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 wa.s read. Moved by Harris, seconded by Reid, the Ordinance be adopted. Mayor Morgan questioned whether or not they should have had the ordinance read by title only. The ordinance was read in its entirety. Vice Mayor Colburn spoke in favor of the motion. Carried by unanimous vote. The DIRECTOR OF PLANNING'S report in regard to possible zoning controls on automobile service stations, was presented. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported in regard to the feasibility of a study of the Spring Valley Sanitation District: a private engineering firm was contacted regarding the cost of the project and he was advised it would cost from 1 - 2% of the total cost of the project (the total cost of the project is in excess of $200,000.004 Vice Mayor Colburn inquired if the study could be made by staff members. City Manager Osburn said there were men in the Engineering Department capable of studying the assessment but the cost would run about the same. Vice Mayor Colburn said the cost would be not by cash outlay but by the loss of their time on other projects; the County asked the City of National City to be a part of the Spring Valley Sanitation District; we were not involved engineeringwise or staffwise because we turned it over to them assuming it was going to be handled properly; we authorized this to be done and under State law this was a legal maneuver; during the time of construction and up until today people appeared and brought to our attention that they were unjustly charged for portions of this system; if they have a legitimate request and the Court had awarded their request and honored it and told the Council they had to pay these costs,then there would be no problem; however, if the Council paid these costs on their own just to be fair, suits might be brought by other taxpayers in the City declaring it wasn't the Council's right to pay out the monies; possibly the County assessed a little higher in our area where they didn't have to suffer the direct consequences. Vice Mayor Colburn said the study would either determine the sewer district was the best possible means or it would bring out proof that it was done wrong and then the City could take steps justifiably to make this adjustment. Moved by Colburn, seconded by Morgan, the City Manager be authorized to make the study using present staff available and if at any time during the study he felt higher authority or extra help was needed he could request it at that time. Councilman Hogue stated Vice Mayor Colburn indicated the County might have taken advantage of citizens of National City because in a way they didn't represent the people but he felt they did because we elect those people the same as the Council is elected. Councilman Hogue asked the City Manager if he knew of anything such as unfair advantages taken of our citizens that would make it necessary to conduct a survey of this nature. City Manager Osburn said he knew of nothing. Jerry Oliver, 2805 N Avenue, was present and said he presented a case of injustice last week before the Council; his property lies on Sweetwater Road near Grove; there ha.s been sewer line there since around 1946; the line was taken out by the 6/13/67 278 the County, the pump house was taken out and a new sewer line was put in; now he is asked to pay on the same basis as everyone else and this is wrong; he approached the County about this and their attitude was, "Sorry, Fellow, but you had better go see the City, your recourse is to them;" Supervisor Dent moved to close his hearing. Motion authorizing study was carried by unanimous vote. Vice Mayor Colburn said there is a possibility of a similar project on Rachael Avenue and residents have been given the opportunity to go in a district with the City of San Diego. City Manager Osburn said this was a 1911 Act street improvement on Rachael Avenue south of 18th Street where one side of the street is in San Diego and the other in National City; San Diego requested they be allowed to do this 1911 Act all in one job; our instructions to the City of San Diego was to be sure they have the majority of the people within National City before the project is undertaken. Vice Mayor Colburn inquired if it would be possible to contact each of the National City residents in this district by letter indicating their rights so we won't come upon another similar problem in the future. Moved by Colburn, seconded by Harris, the City Manager be authorized to communicate with these people. Councilman Harris inquired about the time in getting the street taken care of as he had traveled the street yesterday; due to the rain there were Chuck holes and the street is in very bad condition. Mayor Morgan said the holes were there before the rain. Councilman Hogue said anytime a citizen finds a chuck hole in a street all that he has to do,is notify the City Manager or the Street Department. (The audience laughed j Councilman Hogue inquired if this indicated his statement was not true. Carried by unanimous vote. Communications in regard to construction of 30th Street from National to B Avenue: (1) From City Engineer Foster to City Manager Osburn stating the necessity for the City's approval of awarding bid to C. W. McGrath Construc- tion Company and making a deposit (2) City Engineer Foster to County Engineer Speer stating the City was not in complete agreement with the pro- posed cross-section, was presented. RESOLUTION NO. 9398, "RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING PAYMENT FOR BEGINNING THE CONSTRUCTION OF 30TH STREET IMPROVEMENTS IN JOINT VENTURE WITH THE COUNTY OF SAN DIEGO AND APPROVING LOW BIDDER," was presented. Moved by Harris, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. An application for refund of $25.00 Performance Bond by ALEX R. MCLINTOCK, 2038 Orange Street (final inspection Engineering Department June 8th), was presented. Moved by Hogue, seconded by Harris, the request be granted and warrant be drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. A communication from E. J. MOORE, DIRECTOR OF OPERATIONS, CONTINANA CORPORA- TION, stating they intend to complete escrow in the next four weeks and would like to pay the option for additional area provided the language of the option can be amended as to restrictive use, was presented. Mayor Morgan recommended a Real Estate Committee meeting be called to discuss this next Thursday (June 15th) at 4:00 p.m. and a recommendation be brought back to Council next week. A communication from the SAN DIEGO COUNTY COMPREHENSIVE PLANNING ORGANIZATION in regard to land inventory program and manual of procedure, was presented. Ordered filed by unanimous vote. COUNCILMAN HOGUE inquired if the audience laughed at him when he said they should call in to get a chuck hole filled; he didn't want to tell them that if it wasn't true. City Manager Osburn said they may not get it the same day but they would get it very soon. Mayor Morgan said if the City had enough money they would line every street in town; naturally the people could not get their request filled the same day; we do not have that large a 6/13/67 279 staff nor that much money. Councilman Hogue inquired if they could tell the people approximately when the City could fill their request. The City Manager said this could be done. Vice Mayor Colburn stated this would probably have a bearing on what street it was; amain thoroughfare would get immediate attention; if the street did not have curbs and sidewalks and paving was not complete, it would not get the same attention. Step increases for eligible personnel, M. R. Gallagher, R. P. Brown and K. R. Leathers, approved by the department heads (City Engineer Foster, Police Chief Cagle), were presented. Moved by Colburn, seconded by Harris, the step increases be approved. Carried by unanimous vote. A communication from CITY MANAGER OSBURN listing items filed with the City Clerk: (1) Minutes, May 2nd, South Bay Irrigation District (2) San Diego County Water Authority Report for May, 1967 (3) Minutes, May llth, San Diego County Water Authority, was presented. Ordered filed by unanimous vote. A communication from CITY MANAGER OSBURN recommending the Deed of Trust from Dale Building Company be held by the City Clerk until the note is satisfied. Moved by Colburn, seconded by Hogue, the Deed of Trust be held by the City Cleric until the note is satisfied. Carried by unanimous vote. Communications received by the CITY CLERK: (1) Legislative Secretary to Gov. Reagan acknowledging receipt of the resolution concerning legislation of relocation of sewers (2) Legislative Secretary to Gov. Reagan acknowledging receipt of the resolution concerning legislation on the cigarette tax (3) Security First National Bank enclosing title Policy No. 420556 and 420557 (Costello and Neill), were presented. Ordered filed by unanimous vote. Vice Mayor Colburn stated at the bottom of the last communication it said the above items will be on file and on the City Manager's communication he stated the items were filed with the City Clerk; these are things that have been done and moving that they be filed is using up the Council's, Clerk's and recorder's time. Mayor Morgan asked if it could be noted the items were for information only. City Manager Osburn said they would state that. CITY MANAGER OSBURN stated he received (too late for the Agenda) a letter from Mr. H. D. Scott, President, Twin Hills Pony League, requesting use of National City's Pony League facilities July 17 - 29.; Director of Parks and Recreation Maley checked with the local president of the Pony League regard- ing use of the field; the use would not conflict; and he recommended this be approved providing a satisfactory agreement could be reached with the local Pony League for some of their facilities. Moved by Harris, seconded by Colburn, the City Manager's recommendation be approved. Councilman Reid inquired if our insurance would take care of that League as well as our own. City Manager Osburn stated they would require them to have insurance also. B. J. Gauter.eaux, President, National City Pony League, was present and said the Council had their approval in view of the fact the Council had included the necessary control of the field and giving them consideration in working it out with the other organization. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter and audit from John C. Rigney and Cecil H. Hill (the outside auditors for National City), dated May 25, 1967, stating the audit of the books from July 1, 1965 to June 30, 1966 found them to be very efficiently maintained; an analysis of the financial transactions also disclosed a well -managed, controlled efficient operation of City affairs. Moved by Harris, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:39 P.M. ATTEST: A CITY CLERK )44 / ,0/1/ MA OR, CITY OP *IONAL CITY, CALIFORNIA 6/13/67