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HomeMy WebLinkAbout1966 04-26 CC MIN179 MINUTES OF THE REGULAR MEETING THE CITY COUNCIL OF THE CITY OF NATIONAL'CITY, CALIFORNIA A.PRIL 26, 1 ,66 The regular meeting of the City Council was called tc order by Mayor Morgan at 7:30 p.m. Council members present: Colburn, Hogue; Reid, Morgan. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens; Foster; Linn; Minogue; Osburn; Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Rev. Dwight Gladieux, First Christian Church. Moved by Colburn, seconded by Reid, the minutes of the regular meeting of April 19, 1966 be approved. Carried by unanimous vote. RESOLUTION NO. 9117, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD," was read. Moved by Hogue, se onded by Reid, the Resolution be adopted. Carried by unanimous vote. Mayor Morgan presented an award to Jenelle Kennoyer and City Manager Osborn read a statement of her achievements. Jenelle 'Canneyer intro,luced her parents, Mr. and Mrs. James Kennoyer, and the Director of the Girls Club of National City, Mrs. Helen Thomassen. CITY ATTORNEY CARSTENS stated there were two matters of litigation in which the City was involved that should be discussed in the Executive Session. Moved by Colburn, seconded by Hogue, the recommendation of the City Attorney be approved. Carried by unanimous vote. VICE MAYOR COLBURN stated the Minutes of the Meeting of April 19, 1966, stated Mayor Morgan requested a quarterly report from the Port Director of the City of National City; it should be clarified this report would come from National City's Port Commissioner. VTCrMAYOR COLBURN requested Engineer to give an estimate of Ridgeway Drive within the cost of the Sewer District. request be granted. Carried the Council's support in asking the City on the cost of installing a sewer up that part National City limits, for a comparison with the Moved by Colburn, seconded by Hogue, the by unanimous vote. MAYOR MORGAN recommended the appointment of Councilman Reid, as representa- tive of the Council, to accompany the City Manager and the Building Inspec- tor, for final inspection of the new Civic Center priorto the City's acceptance, and report to the Council. Moved by Colburn, seconded by Hogue, the Mayor's recommendation be approved. Carried by ina.nimous vote. MAYOR MORGAN asked the Council to approve the moving of a eeetition in the new Civic Center to enlarge the space for the City Attorney in the event a full time City Attorney was hired by the City. Moved by ?'.qar,, seconded by Reid, the City Manager be authorized to move the partit,u and to hire a full time City Attorney by July 1. Councilman Hogue stated Mayor Morgan had made two motions of different natures. Mcved by Hogue, seconded by Reid, to amend the motion to take the items one at a time. Carried by unanimous vote. Moved by Hogue to have the City Manager report on the cost of moving the partition. City Manager Osburn stated the estimated cost of moving the partition is $750. Moved by Hogue, seconded by Reid, the City Manager be authorized to move the partition. Mayor Morgan stated the second part of the motionwas to authorize the City Manager to hire a full time City Attorney by July 1. Councilman Hogue stated if it was advantageous to the City he was not against hiring a full time City Attorney but felt the City Manager should make a comparison report to the Council. Moved by Hogue, seconded by Reid, to amend the motion that the City Manager make a report to the Council comparing thepresent system for our City Attorney to the proposed system of a full time attorney. Vice Mayor Colburn asked the City Manager how long it would take to prepare this report. City Manager Osburn stated he could have the report by the next Council meeting; this 4/26/66 180 would include costs, convenience, and the opinions of those people having full time attorneys, opposed to those with part time attorneys. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. MOVED BY MORGAN, seconded by Reid, the Civil Defense Office be closed as of July 1, 1966, or before, if recommended by the City Manager. Vice Mayor. Colburn asked the motion be amended to read the City Manager report to Council as to the advantages, disadvantages, losses or gains, and the cost breakdown of the Civil Defense office before such a move is made and inquired if the matching funds for the EOC were received. Mayor Morgan stated the closing would eliminate the Deputy Director of Civil Defense; by law, the City Manager is the Director of Civil Defense; all of the Cities in the County of San Diego pay into the Unified Civil Defense Directors Office; National City is the only City with a special office and facilities for a :Deputy Director; this is a duplication of monies. Motion failed by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Colburn, Hogue. Moved by Colburn,seconded by Hogue, the City Manager report to the Council on the closing of the Civil Defense Office. Carried by unanimous vote. THE CONTINUED USE DISTRICT HEARING on the proposed zone change from R-1, single family residence, to R-2, two family residence zone, for the area of 175 feet along Cagle, at the easterly extremity to permit the installation of a church was held at this time. City Clerk Minogue stated she had re- ceived a petition from residents in the area which was referred to the Director of Planning. Director of Planning Stockman read the petition which was signed by 111 property owners within the area, protesting the building of a church and requesting the property be considered as a park and recreational facility. Oral K. Norton, Pastor, Reformed Church of the Latter Day Saints, was present and stated he did not see any reason for the residents to be concerned about traffic problems, as the congregation was not that large; the Church would be an asset to the community. Alfred E. OtDay, Church Building Chairman, 38 Toydn<1n., Chula Vista, was present and presented a letter urging the Council to grant permission for the establishment of the church in the area. Joseph Florentino, 3543 Cagle Street, was present and said the increased traffic would be a hazard to the children; the Council should consider the property for a park or recreation- al facility. Mrs. Coralie De La Cruz, 2449 Sea Breeze Drive, San Diego, was present and said she and five other members of the Church canvassed the neighborhood and spoke to the housewives; the women residents stated they were not opposed to the church, but felt a definite need for recreational facilities. Bob West, 3714 Kellie Court, was present and protested the proposed re -zoning because of the increased traffic. Mr. Kenneth Kobes, 1148 Third Avenue, Chula Vista, was present and said members of the church were willing to work for a recreational facility on the adjoining unim- proved land. Joseph Florentino stated the people who signed the petition were not misinformed as to the purpose of the petition and asked why the hearing had been continued so many times. Pastor Oral K. Norton answered it had been necessary for him and other members of the Church to be out of town for a Church Council. Tom Hawthorne, 8080 Othello, San Diego, was present and advised the Council the Church membership would never become much larger than it is at present; with increases in membership they split off into smaller groups; there should never be a traffic problem because of a large congregation. George Sands, 3515 Newberry, was present and spoke against the building of the church because of the traffic hazards involved. Mrs. Coralie De La Cruz stated she and other women fr an the Church can- vassed only the area close to the proposed Church; the people were cordial and responsive and had no objection to a church in the neighborhood. Floyd Belk, 6145 Malcolm Drive, was present and stated he found the site for the Church and felt it would be an asset to the neighborhood. Mrs. Robert West, 3714 Kellie Court, was present and stated she was against the building of a church because of the traffic problems involved. Moved by Colburn, seconded by Hogue, the request for re -zoning to allow the con- struction of a Church be denied. Vice.Mayor Colburn stated it was hard to vote against the request for rezoning; spot zoning was not an important issue; when the Council does approve spot zoning it should be for a church in a residential area, not for apartment buildings or other R-4 use; the 4/26/66 181 traffic hazard would not be any worse than other residential areas within the City with the Church and a membership of 300; if this vacant land was improved according to the present zoning the traffic would be heavier; his vote would be on the majority of people in the area having signed the petition in protest of the request. Vice Mayor Colburn said he hoped the members of the Church did not feel National City was against churches; the members should go to the area residents and explain their program; if the number of people in opposition were reduced there should be no further problem in getting approval of their rezoning request. Councilman Hogue stated he felt a church in the area would be an asset; it was deplorable the necessity of a church could not be sold to the people; however, the majority of residents signed the petition in protest of the rezoning so his vote would be based on that. Councilman Hogue said if the Church ex- plained to the residents their goals, intentions, motives and plans, the majority probably would understand the need for a church in their community. Councilman Reid stated he could not go against the wishes of the majority; he felt bad about the outcome as he is for churches in National City. Motion carried by unanimous vote. MAYOR MORGAN recognized Miss Regina Cardoza, foreign exchange student from Brazil, and her National City "parents," Mr. and Mrs. Robert Ault. Miss Cardoza expressed her appreciation for being able to come to National City and to the Council meeting to become better informed in our ways of govern- ment. Mrs. Keith Little, representing Mrs. Jane Barrett, 2119 "N" Avenue, was present and presented a petition to the Council asking the appointment of J. Louis Camacho to the vacant council seat. Mrs. Jane Barrett was also present and stated over 600 names were obtained in a 24-hour period and felt this was a good indication of the feelings of the citizens of National City. Councilman Hogue stated he made a motion in FFbruary that if there was a vacancy in the Council as a result of the election it should go to the candidate with the next highest number of votes, and he still felt the same way. Moved by Hogue, Mr. Camacho be appointed to the vacancy. Mayer Morgan ruled him out of order, as the matter was to be discussed in execu- tive session at the conclusion of the Pgenda. Mr. Tom Leonard, 2740 Lincoln Court, was present and informed the new member of Council National City residents were not in favor of being included in the Spring Valley Sewer District and he felt National City had a moral obligation to do something about the problems arising from their inclusion in the Spring'Valley Sewer District. M. M. Stamper, National City Firemen's Relief Association, was present and read a letter requesting the Council give consideration to an increase in salary and a decrease in the hourly work week for the members of the National City Fire Department. A. J. Fommier, 2211 E. 32nd Street, was present and asked the Council when he will receive refund on the double taxf lyment he had made (National City and Lower Sweetwater Local Fire District/ fire protection). City Manager Osburn replied the refund would be made when bills were received from all those people involved and the Council approved the refund. Moved by Hogue, seconded by Reid, the City Manager write letters to those people involved in the double taxation requesting the amounts of their double taxation. Carried by unanimous vote. Mr. Earl Crawford, Acme Ambulance Service and Crawford Detective Agency, was present and informed Council of the approaching increase in wages of person- nel of ambulance companies due to new rulings of Interstate Commerce Comm;.; he said with this increase the initial pick-up charge by his ambulances would be increased from $25.00 to $35.00. Mrs. Cay Jurado, 247 E. Fifth Street, was present and protested the Council's handling of the problem of filling the vacancy in the Council; consideration should be given to those who took the time to campaign as candidates and not to someone who had not been a candidate. 4/26/66 182 CITY CLERK MINOGUE reported the results cf the opening of sealed bids, April 26, 1966, 3:00 p.m., in the City Cle:k'3 office for the 1911 Act Improvement of Lanoitan Avenue: V. R. Dennis Construction Company, $35,120.03; Griffith Company, $35,444.38; R. E. Hazard Contracting Company, $36,459.65; Sim J. Harris Company, $36,835.68; Daley Corporation, $41,075.28; Merle Tryon Concrete, Incorporated, $44,66 4.58. City Manager Osburn recom- mended the bid from V. R. Dennis Ccnet:4_•uction Company in the amount of $35,120.03 be accepted and all other bids be rejected. Moved by Hogue, seconded by Reid, the City Manager's reo m_mendation be approved. Carried by unanimous vote. RESOLUTION NO. , resolution of award of contract, Lanoitan Avenue, 18th Street to 24th Street, Assessment District No. 141, was presented. Moved by Hogue, seconded by Reid, the reading of the resolu- tion be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9118, "RESOLUTION OF AWARD OF CONTRACT (LANOITAN AVENUE 18TH STREET TO 24TH STREET, ASSESSMENT DISTRICT NO. 141." Moved by Colburn, seconded by Reid, the resolution be adopted. Carried by unanimous vote. A COMMUNICATION from the City Manager reporting notice of Alcoholic Beverage Control Board Hearing, Ma.y 31, 1966, 1:30 p.m., Council Chambers, Civic Center, National City, was presented. Moved by Colburn, seconded by Reid, the notice be filed. Carried by unanimous vote. A COMMUNICATION from the president, National City Chamber of Commerce, recom- mending the orchid be named the official flower for the City of National City, was presented. Moved by Colburn, seconded by Hogue, the recommendation be approved. Mrs. Lorna Harris, owner of Eighth Street Florist and member of the Chamber Board of Directors, was present and displayed some of the many variations of orchids grown in National City and gave each of the members present an orchid corsage and pinned a small red orchid on the lapel of Mayor Morgan. City Manager Csburn read a letter from the National City Garden Club supporting the orchid as the official city flower. Motion carried by unanimous vote. A COMMUNICATION from Mr. and Mrs. Cliff Bailey in appreciation of resurfacing of "I" Avenue, 13th Street to 15th Street, by the Public Works Department, was presented. Moved by Hogue, seconded by Colburn, the letter be read. Carried by unanimous vote. The City Clerk read the letter, Ordered filed by unanimous vote. A COMMUNICATION FROM City Manager Osburn reporting a $14,945.95 refund from State Compensation Insurance Fund under experience rating plan, was presented. City Clerk Minogue read the letter received by theCity Manager from the State Compensation Insurance Fund. Moved by Reid, seconded by Hogue, the letter be filed and copies be posted on bulletin boards and thanks be extended to each employee. Carried by unanimous vote. Councilman Hogue asked the City Attorney if the Maycr was within his legal bounds when he ruled out of order the motion to appoint J. Louis Camacho to the fifth seat in Council. City Attorney Carstens replied the matter was on the "informal Agenda" for the executive session of the Council following the regular meeting; if the intent of the motion was to take this item of business out of the scheduled order and consider it at this time, then the motion was proper; the Council could realign its order of business at any time. Moved by Hogue, seconded by Colburn, J. Louis Camacho be appointed to the vacant seat on the Council because of the number of votes he received in the election. Mayor Morgan stated he ruled at the beginning of the meeting the Agenda be followed; he asked if it could be over -ruled when an executive session was scheduled for this purpose. City Attorney Carstens replied the Council determined at the meeting there was to be another executive session this evening; he was of the opinion the Council, acting as a body, could realign its order of business if it so decided; he based his opinion on the assumption Mr. Hogue's motion was, in effect, a motion to take this item of business out of order; it might technically be declared that two separate motions were needed: One to take the item out of order and the other to consider the matter. Motion and second were with- 183 drawn. Moved by Hogue, the matter of appointing a fifth Councilman be taken up at this time. Motion died for lock of acord. CITY MANAGER OSBURN reported the committee in San Diego County, headed by Anderson Borthwick, to raise money to support the forthcoming bond drive for the San Diego County W7,ea_ Autho2.7ity and thn Me rc2o1 tan Water District, agreed each City be allocated a cis: r t.: o-1r-g e_F money to be raised to help support the bond drive; Natic_a;L Cites allocation was $1500, to be donated by citizens and private ent: - . Me City Manager recommended the letter be forwarded to the Cbiri5 r cf Commerce. Moved by Hogue, seconded by Colburn, the City Ma age7.'s repomme d..atien be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported negotiations with the County of San 'Oiego for the leasing of the courtroom were almost resolved; the County wee to pay $636.50 per month rent, plus their phone bill; he requested permission to draw up the finished contract and bring it back to the Council for approval. Moved by Colburn, seconded by Reid, the City Manager's request be approved. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN reported receipt of a Certificate of Insurance for the Liberty Cab Company and a. request to license one cab in the City of National City; this would make a total of 56 cabs in the City. Mayor Morgan stated private enterprise should be allowed to come to National City. Vice Mayor Colburn stated 56 cabs in the City sufficient to handle the needs of the present population. Moved by Colburn, seconded by Hogue, the request be denied. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: Morgan. CITY MANAGER OSBURN reported receipt of agreements between the City of National City and the State of California relating to the maintenance of lights of sections of Highway 5 within the City for execution; annual cost to the City of $1,359.12; and recommended it be referred to the City Attorney for a resolution and approval of form. Moved by Reid, seconded by Colburn, the recommendati cn of the City Manager be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported Director of Public Works Biggs, requested the week of May 15 - 21 be proclaimed National Public Works Week and recommended approval. Moved by Reid, seconded by Hogue, the City Manager's recommenda- tion be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of the proposed contract between the City of National City and Canteen Service of San Diego for furnishing vend- ing machines in the new building; basic terms, 5% to City up to $2,000, within a 28 day period, over $2,000, 6% to the City; tables and chairs will be furnished in the lounges, piped music in the lunchroom, main lobby and second floor lobby; and recommended the contract be signed. Moved by Colburn, seconded by Hogue, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER OSBURN stated there were two items of business relating to real estate and recommended that a meeting of the Real Estate Committee be called sometime within the next week. Mayor Morgan, Chairman of the Real Estate Committee, called the meeting for 4:00 p.m., Friday, April 29th. CITY MANAGER OSBURN reported receipt of a letter from `Dice -President Humphrey requesting all governmental agencies proclaim the month of June as "Youth Opportunity Month"; and recommended the request be granted and the. City Attorney draw the resolution of proclamation. Moved by Hogue, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of notice of hearing from the U. S. Corps of Army l3ngineers on beach erosion, May 19, 1966, at the City Council Chambers, City of Imperial Beach. City Manager Osburn stated there was 4/26/66 184 nothing relating to the City of National City. Moved by Reid, seconded by Colburn, the notice be fied. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of notice from Mrs. Sherman, Manager, Chamber of Commerce, regarding a chartered flight by a group from La Mersa to tour the Fresno Mall on May 18, 1966: Cost $25.00 per person, including lunch; reservations can be made at 477-9339. CITY MANAGER OSBURN reported receipt of a notice of the National Red Cross Convention, May 8 - 11, at the El Cortez Hotel, City of San Diego. CITY MANAGER OSBURN reported receipt of the minutes of the regular meeting of the Board of Directors of South Bay Irrigation District, April 5, 1966. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported last week Mr. Gegax, Sweetwater Union High School, requested use of the Community Building on May 8th and now desired to change it to May 15th. The City Manager stated the building was available and recommended the request be approved. Moved by Colburn, seconded by Hogue, the request be granted. Carried by unanimous vote. CITY MANAGER OSBURN stated, in relation to the alley closing on Lantana Drive, between 4th and 5th, a letter was sent to the people blocking the alleyway to vacate said alley. CITY CLERK MINOGUE reported receipt of the 27th Annual Report of the Metropolitan Water District of Southern California and said it would be on file in her office. CITY CLERK MINOGUE reported in relation to the resolution of the Central Basin Municipal Water District brought before the Council last week the matter had been researched and it was found that two previous resolutions endorsing this matter were adopted. CITY CLERK MINOGUE reported receipt from the Title Insurance and Trust Company of a request for full reconveyance of the property purchased by Canteen Services of San Diego. Moved by Hogue, seconded by Reid, the request be referred to the City Attorney. Carried by unanimous vote. CITY ENGINEER FOSTER reported receipt of a cooperative agreement between the City of National City and the State of California, relating to work the City may do adjacent to the freeway and highway routes, which sets forth areas for matching funds; and recommended it be referred to the City Attorney for drafting of the proper resolution. Moved by Reid, seconded by Hogue, the recommendation of the City Engineer be approved. Carried by unanimous vote. CITY ENGINEER FOSTER called the Councilts attention to the recently com- pleted paving of Rachaei Avenue between 4th and 6th Streets. DIRECTOR OF PLANNING STOCKMAN reported receipt of application for lone Change C-31, South Bay Plaza, to rezone the properties between L Avenue and N Avenue, South of Plaza Boulevard, from an R-4, Multiple Residence Zone, to a C-3-A, General Commercial Zone; and recommended the report be received and brought back for a public hearing. The City Clerk set the hearing for 8:00 p.m., May 24th. Moved by Reid, seconded by Hogue, recom- mendation of the Director of Planning be approved. Councilman Hogue stated he was in favor of rezoning if it did not interfere with the opening of N Avenue. City Manager Osburn stated the report on the opening of N Avenue would be finished sometime next week by the City Planner. Director of Planning Stockman stated the property owners assured her they would dedicate and not build within the right-of-way of N Avenue. Carried by unanimous vote. MOrED BY HOGUE, seconded -by Colburn, the meeting be adjourned for executive session. Carried by unanimous vote. The Meeting adjourned at 9:59 p.m. 4/26/66 185 MAYOR MORGAN called the meeting back to order at 11:02 p.m. Council members present: Colburn, Hague,. Reid, Morgan. Council members absent: None. MAYOR MORGAN recommended the meeting be adjourned to the City, Manager's office until 7:30 p.m. Wednesday, tpril 27, 1966. Moved by Colburn, seconded by Reid, the meeting be adjourned until 7:30 p.m., tpril 271 in the City Manager's office. Carried by unanimous vote. Meeting closed at 11:04 p.m. ATTEST: CITY CLERK{ YO CITY , C N ,iI0NAL CITY, CALIFORNIA 4/26/66