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HomeMy WebLinkAbout1967 05-02 CC MIN239 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 2, 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 Georgia Hunter, First Christian Spiritualist Church. Moved by Reid, seconded by Harris, the minutes of the regular meeting of April 25th be approved. Carried by unanimous vote. The Mayor's proposed proclamation of May 6th as FIRE SERVICE DAY was read. Moved by Hogue, seconded by Reid, the proclamation be approved. Carried by unanimous vote. The Mayor's proposed proclamation of HOME IMPROVEMENT MONTH was read. Moved by Harris, seconded by Reid, the proclamation be approved. Carried by unanimous vote. The Mayor's proposed proclamation of PERFECT POSTURE WEEK (May 1 through 7) was read. Moved by Harris, seconded by Reid, the proclamation be approved. Carried by unanimous vote. MAYOR MORGAN recognized the CHEERLEADERS OF SWEETWATER UNION HIGH SCHOOL who were present. City Manager Osburn said the cheerleaders requested a "no -fee" permit to sell candy at the Maytime Band Review on May 6th. Moved by Hogue, seconded by Harris, the request be ap roved. Carried by unanimous vote. Moved by Harris, seconded by Reid, the 14 Resolutions to be presented be read by title only. Carried by unanimous vote. RESOLUTION NO. 9356, "RESOLUTION OPPOSING SECTION 131 (G) OF PUBLIC LAW 89-285 OF THE HIGHWAY BEAUTIFICATION ACT OF 1965." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9357, RESOLUTION TO ALL STATE AND NATIONAL ACTION TO ELIMINATE MATTER." Moved by Harris, seconded by Carried by unanimous vote. INTERESTED GOVERNMENTS TO TAKE EFFECTIVE THE DISTRIBUTION OF PORNOGRAPHIC Colburn, the Resolution be adopted. RESOLUTION NO. 9358, "RESOLUTION OPPOSING LEGISLATION TO FORCE CITIES TO PAY COST OF RELOCATING SEWERS." Moved by Reid, seconded by Harris, the Resolu- tion be adopted. Carried by unanimous vote. RESOLUTION NO. 9359, "RESOLUTION SUPPORTING LEGISLATION TO AMEND THE IMPROVE- MENT ACT OF 1911 (to provide reasonable definition of "block")." Moved by Reid, seconded by Colburn, the Resolution be adomted. Carried by unanimous vote. LUT R RESO IN ION NO. 9360, "RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE CIGARETTE GENERAL LAW CITIES. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Harris, Reid, Morgan. Nays: Colburn, Hogue. RESOLUTION NO. 9361, RESOLUTION FOR SOUIHLAND INDUSTRIAL PARK." Resolution be adopted. Carried APPROVING SUBSTITUTION OF PERFORMANCE BONDS Moved by Harris, seconded by Reid, the by unanimous vote. 5/2/67 240 RESOLUTION NO. 9362, "RESOLUTION AUTHORIZING EXECUTION OF ESCROW DOCUMENTS (Walton)." Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9363, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (San Diego and Arizona Eastern Railway Company)." Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESLUTION NO. 9364, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Mar- sha 1 C. and Arlene R. Van Pelt)." Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. -- RESOLUTION NO, 9365, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (Fourteenth Street)." Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9366, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Snell, Coady, Wuest)." Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9367, "RESOLUTION AUTHORIZING SIGNATORIES FOR CIVIL DEFENSE MATTERS (Cleo Osburn, John E. Linn)." Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9368, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Embankment on Coolidge Avenue from 30th Street to Southland Industrial Park, SS Project #102, Specification No. 721)." Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9369., "A RESOLUTION AUTHORIZING. THE EXECUTION OF AMENDMENT EXTENDING THE CLOSING DATE OF AN ESCROW AGREEMENT WITH THE DALE BUILDING CORPORATION." Moved- by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , an ordinance repealing ordinance No. 1161 of the Ordinances of the City of National -City was presented for the first reading. Moved by Colburn, seconded by Harris, the reading of the ordinance be by title only. Carried by unanimous vote. The title was read. ORDINANCE NO. 1165, "AN aRDINAN E 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 second read- ing. Moved by Harris, seconded"by Reid, 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. CITY ATTORNEY McLEAN reported on the matter of the demand of CLETUS W. GARDNER for a plumbing bill; it was previously referred to the Cityss insurance carrier who determined they would not pay that portion of the claim. City Manager Osburn recommended the claim be denied. Moved by Hogue, seconded by Reid, the claim be denied. Carried by unanimous vote. CITY ATTORNEY McLEAN reported in regard to prepaid trash collection contracts: he talked to Mr. Proctor of the National City Rubbish Service who advised him there would be no increase in rates to those who have paid in advance. COUNCILMAN HOGUE stated the National City Star -News printed the fact that a citizen made an accusation against a member of one of our Commissions; the matter should be looked into and a report made on its authenticity. Moved by Hogue, seconded by Colburn, the matter of accusations against a member of the Planning Commission and Mr. Osborne a citizen, be looked into and a report brought back as to whether it was true or false. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: Harris. 5/2/67 241 COUNCILMAN REID stated he read the memorandum (dated April 27th) to the City Manager from the Administrative Assistant on the subject "Analysis of county Civil Service Testing Procedure." Moved by Reid, seconded by Hogue, all of our examinations at the present time be turned over to the County for test- ing and certification until our ordinances are cleared up on some issues. City Manager Osburn stated he did not think there would be much difference in cost; he had not really made a recommendation; the County had a capable staff and wider distribution of advertising than the City and it might be worthwhile to try it. Carried by unanimous vote. MAYOR MORGAN played a tape recording of conversations with a National City resident which stated what members of the Home Protective League had told them when requesting they sign the petition for referendum on the ordinance establishing the agency for urban redevelopment. B. J. GAUTEREAUX, 2019 Highland Avenue, was present and asked the Mayor if the people of National City could take this tape recording as a possibility their telephone messages to the City were being taped and if they should take the precaution of asking if they were being recorded. Mayor Morgan said the conversations were not taped over the telephone; after receiving a tele- phone call at his office, he went out to the individual's home and taped it. E. H. ALSDORF, 2105 J Avenue, was present and asked if the Diamond Cab office on Granger Avenue was within the City limits; the cabs park in front of the office in such a way that driving past is dangerous. Director of Planning Stockman said it was within the City Limits. MRS. ROBERT RICHARDS, 1411 East 16th Street, was present and stated she had no quarrel with the Commissioner Mr. Hogue referred to; however, when her son was going to City College, he and a group of friends studied mechanics and they used the Richards' driveway for car repairs; they appeared before the Planning Commission for a special permit; they also had to clear with the County and State in regard to sales and sales tax. Mrs. Richards said if the man was doing car repairs as a hobby only then he could make no money from it. THE REV. FAYE B. BRICE, 236 B Avenue, was present and stated there were questions she would like to address to the Council in regard to Urban Renewal; her questions were not based on propaganda but were taken from the City's General Plan and from the Municipal Development Act. The Rev. Brice spoke about the City's plan for inspection of residences, referred to page 20 of the General Plan, told about metropolitan area agencies such as SCAG. The Reverend Brice spoke for twenty-five minutes. Mayor Morgan said he looked on the urban redevelopment as a need that could not be met by private indus- try or City government; for example, when the Reverend Brice's church needed money that could not be raised within the congregation, he reached down in his pocket and gave $1,000.00; the City needed help and they were turning to another agency. The Reverend Brice offered to return the $1,000.00 and Mayor Morgan said he would accept it. THE HEARING ON INTENTION TO VACATE AND CLOSE PORTION OF 23RD STREET (closing required to conclude the sale of land to the Dale Building Corporation) was held at this time. The City Clerk reported she had the Certificate of Pub- lication, the Clerk's Affidavit of Posting Notice, and the City Engineer's Affidavit of Posting the Notice of Closing; no written protests were received. No one was present in this regard. Moved by Colburn, seconded by Harris, the hearing be closed and it be referred to the praper authorities for further processing. Carried by unanimous vote. RESOLUTION NO. 9370, "RESOLUTION AUTHORIZING EXECUTION CF ORDER TO VACATE AND CLOSE PORTION OF TWENTY-THIRD 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 Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. 5/2/67 242 THE REV. BRICE returned to the microphone and referred to a study made by Dr. Case of UCLA on police power under urban development. The Rev. Brice displayed two maps in the City's General Plan; and stated the City Attorney said the Council could veto action of the Redevelopment Agency but as the of the Agency and the Council were identical this was foolish. The ce'referred to agencies such as SCAG and HUD and said the Council 'ate theMdelves out of a job when they took over. Councilman Harris said the etil was trying to better National City and asked how the tax base coal' i a increased to make up for the income lost from Housing; he had heard oEsly a=tive talk, what could they offer that was positive. The Rev. Brice said she understood the area was to be improved for industrial use and asked if there had been an attempt made to bring in industry, had anyone tried saying: "Here is a site, it is yours for the improvement." Councilman Harris said the City did not own the property. The Rev. Brice asked if it was right for the Council to take a man's property. Councilman Harris asked what the difference was between this and the Staters condemning property for a freeway. The Rev. Brice said the State had the right to condemn under eminent domain and it was for the good of all; the right has never been given to cities. Mayor Morgan said he would sign an affidavit he would not vote to put the Rev. Brice under urban renewal; all the Council wanted to-do was to clean up 100 acres and make it income producing. The Rev. Brice said either they just did not know what they were getting into or they were naive. Mayor Morgan asked if she was against the development of the 100 acres; did she have a plan for development that would work or could she give some idea of how to accomplish it. The Rev. Brice said a good real estate man or a good Chamber could do it. Councilman Harris asked if she knew this Council would not go beyond that slough would she still be against it. The Rev. Brice said she would be as long as the Federal Government was in it. MRS. FLORENCE UZEMECKI, 524 I Avenue, was present and stated the Mayor swore he would not touch her property; she wanted him to know she did not believe him; he swore he would never use urban renewal but now he was doing so. Mrs. Uzemecki said the Home Protective League came into existence at a time when the City was trying to do much the same thing and as she had non- conforming property she would have been prevented from so much as using a paint brush; she was not then a member of the John Birch Society and the Mayor wa.s not a charter member of the League; there was an attempt made to discredit the League because two of its members were Birchers; the John Birch Society was formed to combat communism and socialism. Mrs. Uzemecki stated when the Mayor was running for office he came to her for support even though he knew she was a member of the Birch Society; the Society was not so bad when votes were needed. MRS. HOWARD KRUEGEL, 2604 National Avenue, was present and stated she lived in the "blighted" area designated for redevelopment; the City owned most of the slough. Mrs. Kruegel said the Council stated private industry cannot redevelop the area; however, she and her husband have worked to develop their property; the Council should come to see what a young couple working together have been able to do; the Council was trying to take the property away from them. Vice Mayor Colburn said the purpose of the redevelopment was not to take property away, but to up -grade; any owner who wished to stay in business but be up -graded could do so; the Council was not removing any- thing existing that should be in the industrial area; he hoped that in the near future representatives of the Redevelopment Agency would be in town and a meeting could be arranged so the property owners and interested citizens could ask questions. The Vice Mayor continued when the redevelopment was started there would be an opportunity for it to become known and companies would make offers for the land; he was sure Mrs. Kruegel would find there was a place for her business, if it conformed to the industrial zoning; he was not sure of its conforming. Mrs. Kruegel said she and her husband asked who would be exempt; they did not know whether to continue because they were not sure they would not be excluded. Mayor Morgan said there would be a meeting Friday, May 5, 7:30 p.m., in the Community Building with represen- tatives of the Agency and they will sit down and discuss this. Councilman Harris said there was a difference between this program and urban renewal;. 5/2/67 243 this was REDEVELOPMENT; for example, he would not think of displacing McCune Motors which is in the area. Mayor Morgan requested the City Attorney to read a portion of the Redevelopment Act for the record. City Attorney McLean read Section* 31139 and 33339.5 of the Health and Safety Code: "Sec. 33339. PARTICIPATION BY OWNERS. Every redevelopment plan shall provide for partici- pation in the redevelopment of property in the project area by the owners of all or part of such property if the owners agree to participate in the rede- velopment in conformity with the redevelopment plan adopted by the legislative body for the area."' The City Attorney explained this meant that if the use the owner proposed was in conformity with the land use, he must be given the right to participate with his own property. The City Attorney read: Sec. 33339.5. RE-ENTRY IN BUSINESS IN REDEVELOPED AREA: PREFERENCE: RULES. Every redevelopment agency shall extend reasonable preference to persons who are engaged in business in the project area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the redevelopment plan..." The City Attorney explained this provided the property owner would be given first choice. MRS-. MARY CHAMBERS, 1318 East 18th Street, was present and asked how McCune Motors built; didn't they fill in swamp or slough? Councilman Harris said that was correct. GEORGE BURKE, 3025 Palmer Way, was present and said he heard the City Manager say there was one million dollars coming in from land sales and asked what was wrong with using some of that money to install sewer or drainage in the slough. Mr. Burke said if the million dollars was used to buy the land and the sewers were installed, there would be a pretty good piece of land. Mayor Morgan said the City does not have or expect to have a million dollars; the City was $70 - 80,000. in the red; when the escrow mentioned closes there will be about $200,000; also there were 1911 Act improvements to catch up on. The Mayor continued even if the City had a million dollars and wanted to redevelop the slough, the Council would not have the power to act unless an Agency was established; the largest piece of the property owned by the City Was perhaps five acres. Mr. Burke asked if anyone had offered money for aty,of the land. Mayor Morgan said he would welcome Mr. Burke in his office where they could discuss this in detail. Mr. Burke said the people wouldpay for the improvement even though it was done under a redevelopment agency Vice Mayor Colburn said when the redevelopment takes place the land will most likely be sold; there could be vacant spots; the Council has had offers come through the Real Estate Committee for some of this land and they have advised the people to wait until the redevelopment starts; there was interest in the general area; lending institutions were hesitant to lend to an individual owner when there was no assurance the adjoining properties would be improved; if the entire 100 acres was designated and the present businesses had definite plans in mind, the people who want to come in could get money more readily. Councilman Harris said the development of the old airport as Southland Industrial Park was barely completed; he understood buyers were lining up. Vice Mayor Colburn said assuming the tax base for the 100 acres was $50,000,, under the redevelopment it would be frozen there; if the improvement raised the tax base to $150,000. the difference would be used to repay the redevelopment costs; on completion of payment the tax increase would revert to the City, County and State at the same rate as all taxes. Mayor Morgan said the payment would probably be made in full within five years. JIM DOWLING, Golf Pr, Municipal Golf Course, was in attendance and presented the first membership in the National City Municipal Mens' Golf Club to the Mayor. BILLS AUDITED BY THE FINANCE COMMITTEE Were presented: General Fund $23,030.53 Traffic Safety 5015,25 Park 1070.65 Gas Tax 2107 845.69 5/2/67 244 Gas Tax 186.1 4,044.00 Trust and Agency 1,000.00 Sewer 11,743.69 Civic Center 334.83 T OTAL $47093.64 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 City Manager's Report on CONDITIONS AND TERMS FOR SALE OF LAND TO CON- TINANA CONVALESCENT CENTER, INC. was presented. Moved by Hogue, seconded by Harris, it be approved and filed. Carried by unanimous vote. Mayor Morgan requested the City Manager to explain the offer. City Manager Osburn said the advertised price was $47,150.; the total consideration was $52,500., including a real estate commission over and above the price of the land. Moved by Colburn, seconded by Harris, the City Manager be authorized to pay the real estate commission. Carried by unanimous vote. The City Engineer's report on COST OF TRAFFIC SIGNAL ON HIGHLAND AVENUE, the COST OF FIXED TIME INSTALLATION at three corners, the estimated COST OF WIDENING EIGHTH STREET from L Avenue to Harbor Drive, and the COST OF TRIP PLATE at Montgomery Ward and Long's Drug driveways for Highland Avenue, was presented. Moved by Colburn, seconded by Hogue, it be turned over to the Finance Committee. Carried by unanimous vote. A communication from Frank Higdon, Secretary, NATIONAL CITY LIONS CLUB, stating they have no objection to Congressman Van Deerlin's use of Kimball Park on July 4th was presented. Ordered filed by unanimous vote. The request of ANNA B. BARRER to take annual vacation May 12-June 1, followed with sick leave starting June 2nd to have surgery was presented. Moved by Hogue, seconded by Harris, the request be approved. Carried by unanimous vote. The MINUTES of the CIVIL SERVICE COMMISSION meeting of April 19th were presented. Ordered filed by unanimous vote. A communication from W. RICHARD BIGGER, DIRECTOR, PUBLIC AFFAIRS RESEARCH INSTITUTE, SAN DIEGO STATE COLLEGE, in regard to educational television for public employee training was presented. Moved by Harris, seconded by Reid, it be referred to the Finance Committee. Carried by unanimous vote. MINUTES of the FINANCE COMMITTEE meeting of April 21st were presented. Ordered filed by unanimous vote. The plot plans for phase 1, NATIONAL CITY PARK APARTMENTS, located at 24th Street between A and F Avenues along with the reports and recommendations of the Planning and Building and Housing Departments were presented. City Manager Osburn said he believed the Director of Planning would go along with the plans but there was a stipulation in the escrow instructions the Council had to approve the plans. Councilman Harris asked if it had to be voted on immediately, he would like to study the plans. Director of Planning Stockman said the Council extended the escrow for Dale Building Corporation earlier in the meeting and there was no reason why it could not be held over a week. Moved by Harris, seconded by Hogue, it be laid over to the next meeting. Carried by unanimous vote. An APPLICATION TO MOVE BUILDING from 1713-15 Highland Avenue to 1130 East 5th Street by Alfonso Macias and the Director of Building and Housing's recommendation of approval subject to five conditions were presented. Moved by Harris, seconded by Colburn, the application be approved subject to the five conditions. Carried by unanimous vote. - 5/2/67 245 The request of Lester Temple, Board Chairman and Jack Otis, Vice Chairman, SOUTH BAY YMCA to use the National City Municipal Pool for one hour Mondays, Wednesdays, and Fridays, June 19th through September 1st, at a fee of 50 per child per time was presented. City Manager Osburn said the staff recommenda- tion was 100 per child per time. Moved by Harris, seconded by Morgan, the request be granted at the 100 cost. Carried by unanimous vote. A communication from the President, NATIONAL CITY CHAMBER OF COMMERCE, requesting crosswalk lines be repainted on Plaza Boulevard between Palm and Highland and that radar control be used to slow down traffic was presented. Moved by Hogue, seconded by Harris, it be turned over to the City Manager. Carried by unanimous vote. CITY MANAGER OSBORN'S report on CLARIFICATION OF RESIDENTIAL INSPECTIONS, Code Enforcement, was presented. Ordered filed by unanimous vote. CITY MANAGER OSBORN read his report dated May 1st, "Recommendations regarding Trash Contract and Service Charges Therefore," reluctantly recommending the prices be adopted as proposed in the April 12th study and that he be author- ized to contact the State Water Pollution Control Board and State Department of Water Resources regarding the establishment of a sanitary fill in Van Ness Canyon to obtaid necessary information for report to Council prior to commitment for expenditures. Moved by Reid, seconded by Colburn, the City Manager's recommendation be approved. Mayor Morgan asked if the use of Van Ness Canyon would mean cheaper service if it could be arranged. City Manager Osburn said it would. Carried by unanimous vote. City Clerk Minogue read a communication from Assistant to Cabinet Secretary Charles P. Tyson, Governor Reagan's office, acknowledging receipt of a copy of the resolution relating to law enforcement and criminal activity and said it would be on file. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommendation of April 24th to waive installation of sidewalks (300 West 10th Street) subject to annual review for changing circumstances and installation of landscaping in lieu thereof. Moved by Harris, seconded by Colburn, the Planning Commission's recommendation be approved. Carried by unanimous vote. MAYOR MORGAN reminded everyone of the meeting on REDEVELOPMENT at the Community Building, Friday, May 5th, at 7:30 p.m. Moved by Harris, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:10 p.m. ATTEST: CITY CLERK 7774-4-ja---s MAYtat. CITY [F NA ON CITY, CALIFORNIA 5/2/67