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HomeMy WebLinkAbout1966 08-02 CC MIN281 MINUTES OF THE:REGULAR,MEETING OF THE. CITY COUNCIL OF THE CITY -OF NATIONAL. CITY, CALIFORNIA AUGUST 2, 1966 The regular meeting of the City Councilwascalled to order by Mayor Morgan at 7:30 p.m. Council members present: Colburn, Hogue, Reid, Morgan. Council members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Administrative Assistant Linn,. McLean, Minogue, Stockman. THE MEETING WAS OPENED with salute to the Flag led by Administrative Assistant Linn, followed with invocation by Elder E. Irvin Lehman, Paradise Valley Seventh Day Adventist Church. Moved by Colburn, seconded by Reid, the minutes of the regular meeting of July 26th be approved. Carried by unanimous vote. RESOLUTION NO. 9169, "RESOLUTION OF COMMENDATION TO WINNER OF MUNICIPAL YOUTH RECOGNITION AWARD (CYNTHIA H. EGGEN)," was read. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Mayor Morgan presented an award to Miss Eggen. RESOLUTION NO. 9170, "RESOLUTION AUTHORIZING EXECUTION OF MAIN EXTENSION CONTRACT WITH CALIFORNIA-•AMERICAN WATER COMPANY," 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 Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9171, "RESOLUTION ENDORSING THE DECLARATION OF THE LEGISLATURE OF CALIFORNIA RELATIVE TO CALIFORNIA'S BICENTENNIAL CELEBRATION," was present- ed. 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 Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9172, "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," 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 Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9173, "RESOLUTION DECLARING WITHDRAWAL OF CERTAIN PORTIONS OF LOWER SWEETWATER LOCAL FIRE DISTRICT (National City Airport Annexation)j" 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. The title was read. carried by unanimous vote. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9174, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CREATING THE DEPARTMENT OF BUILDING AND HOUSING AS A SEPARATE DEPARTMENT IN THE CITY OF NATIONAL CITY AND DESIGNATING THE CHIEF BUILDING INSPECTOR AND DIRECTOR OF PUBLIC WORKS OF SAID CITY AS DIRECTOR OF BUILDING AND HOUSING AS A HEAD OF SAID DEPARTMENT" was presented. Moved by Colburn, second 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 Hogue, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. MAYOR MORGAN asked th City Engineer if the builder or the City was putting up the money to pay//&tract between the City and the Water Company on "Q" Avenue. City Engineer Foster explained that the City would put up the money which will be included in the incidental expenses assessed to the district; if there was any refund, it would be made to the City. 8/2/66 282 ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO..962 ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, (CCINOR, LEONARD STREET, TWENTY-FOURTH STREET, VAN NESS, MONTGOMERY, HOGAN, SHELBY DRIVE AND WISE ANNEXATIONS)", was presented for the first reading. Moved by Colburn, seconded by Reid, the first reading of. the Ordinance be by title only. Carried by unanimous vote. The title was read. CITY ATTORNEY MC LEAN stated the Council requested a draft of an ordinance to defer and/or exempt the installation of sidewalks, curbs and gutters when new construction or reconstruction over the value of S2500.00 occurs; the proposed ordinance was given to the Council, and it was his recommendation the matter be referred to the Planning Commission. Mayor Morgan suggested that this matter be studied by the Council before referring it to the Planning Commission and that it be placed on the next agenda. Moved by Hogue, seconded by Reid, the Mayoras recommendation be approved. Carried by unanimous vote. CITY ATTORNEY MC LEAN stated the Council requested a study of certain problems relating to the installation of sewers raised by Mr. Leonard at the last Council Meeting; the problems did not lend themselves to easy analysis; he was not prepared at this time to say whether or not the City has any legal obligations and requested more time to study the problems. Moved by Hogue, seconded by Reid, the City Attorneys request be granted. Carried by unanimous vote. CITY ATTORNEY MC LEAN stated the Council referred/Chief of Police's request to amend Ordinance No. 7 to prohibit persons under 21 to remain in a place of business licensed under an ON -SALE BEER license; he discussed the matter with Chief Cagle, and in their oppnion a better approach might be to amend the business license ordinance;/would present the proposed ordinance at the next Council Meeting. VICE MAYOR COLBURN asked if the sales tax from sales made within National City by a company outside the City, is received by the City (e.g. San Diego Company selling bottled water within National City). Moved by Colburn, seconded by Hogue, the City Manager be authorized to investigate,contacting the departments necessary, and bring us a report. Carried by unanimous vote. COUNCILMAN HOGUE requested permission to leave the State for a vacation. Moved by Colburn, seconded by Reid, the request be granted. Carried by unanimous vote. MAYOR MORGAN stated the curb in front of the site of the old City Hall was still painted red and he would like the City Manager and City Engineer to study the problem and see if additional parking could be provided. Moved by Hogue and seconded by Colburn, it be referred to the City Manager. Carriedby unanimous vote. MAYOR MORGAN.reported receipt of a letter from Deputy Director of Civil Defense DeHaven; it seems he is more or less defying theCouncil and City Manager; he was still on the job although he received notification his job was closed down; the City Manager ordered him to take a vacation and he was still on the job. The Mayor said the Deputy Director's letter says he is not going on vacation and considers himself an employee. Moved by Morgan, seconded by Reid, the City Manager be authorized to get the keys, all the keys for City Buildings he has, from the Deputy Director of Civil Defense forthwith. Councilman Hogue said that he felt the motion could be less severe; the City Manager was out of the City; the City Manager -should be directed to get this problem settled; taking the keys away seemed a little childish. Vice Mayor Colburn stated he understood the letter to state that due to Civil Service rules and other things mentioned, the Deputy Director felt he was not legally, or properly, notified of the discontinuance of his duties, although the newspaper and conversation and the fact that his Department was left out of the -budget made it fairly obvious The Vice Mayor said the Deputy Director was = looking for formal notice this paztibular office would be discontinued; it wasn't a challenge to see who could keep his keys, or how long he was going to stay here, or challenge the Council whether or 8/2/66 283 not he could work; he hoped the City Manager would look into all aspects and arrive at a proper solution. The Vice Mayor said maybe we didn't notify him properly, maybe we did, if we did we certainly were within our rights to re- quest him to take his vacation so we would not have to pay extra for it, and all things being equal, he should turn in his keys and comply. Mayor Morgan advised the Vice Mayor this gentleman was still on the payroll and said he did not have to take the vacation time; he was not on vacation; he was work- ing for the City; and he would expect to get 15 days after his termination date; he didn't take his vacation when the Manager ordered him to take his vacation. Councilman Hogue said the Council Meeting was not the place to discuss {�oething of this nature; there should be a motion directing the City Manager/ look into this matter and talk with Mr. DeHaven and with the City Attorney and bring it to a culminating point without any animosity. Mayor Morgan said that the motion was to have the matter turned over to the City Manager and have him get the keys from the gentleman, he was not employed by the City any more. Vice Mayor Colburn stated this was what the Deputy Director questioned; he seemed to think he was employed and didn't get proper notification and this is what should be checked out; he concurred in the thinking that if he was directed to take a vacation by his department head to tie-in with his termination he certainly should have done this; but for some reason the Deputy Director did not feel he was notified properly that his job was discontinued. The Vice Mayor said he had not heard a report from the City Attorney or the City Manager; he hoped the Council had proper authority to demand his keys from him. Motion failed by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Colburn, Hogue. Moved by Hogue, seconded by Colburn, the problem of the Deputy Civil Defense Director be turned over to the City Manager and the City Attorney and a report be brought back to us as to whether Mr. DeHaven's questions that he has here in this letter are true and as to whether we should take the steps of totally isolating this department or this position. Mayor Morgan said there would be no meeting for two weeks; and it is the attitude of this fellow that he will be on the payroll until that time and then that we will pay him 15 days beyond that; the motion was out of order because the Manager told him to take his vacation and told him his time would be up at a certain date; he was going against the wishes of the Council and also the Manager; it was time to take firm steps. Moved by Hogue, seconded by Colburn, the motion be amended to include that if before the next Council Meeting the City Manager determines proper steps have been taken and this gentleman had no grounds for the accusations made in the letter, the Manager go ahead and close out the Department. Councilman Reid said these instructions were given two or three times already, and the position was closed; maybe the Attorney would have something to say. Vice Mayor Colburn said he felt the same way, but for some reason or other the Deputy Director submitted a letter casting some doubt proper action was taken, and a motion to take his keys away from him had no legal basis either; it had nothing to do with whether or not his keys were taken away, it only concerned whether or not he was employed. Motion failed, by the following vote, to -wit: Ayes: Colburn, Hogue. Nays: Reid, Morgan. Vice Mayor Colburn said there were two tie votes and he would like the Mayor's thinking explain- ed; the past motion was exactly what the Mayor requested: definite action. The Vice Mayor said to take a man's keys away did not prove anything; to turn it over to the City Manager was definite action, and asked what kind of a motion it would take besides grabbing his keys away from him to get something done on this. Vice Mayor Colburn said there were two tie votes so it would lie where it was; the way it stood he was left as an employee, and will be p'id; but if definite action was taken now he would not be paid. Mayor Morgan asked how many times these people had to be notified. Councilman Hogue said he was not asking for more notification but was only asking the letter be turned over to the City Manager;/no action was taken the City Manager could only assume the Council did not care; Jhe was asking it be looked into to support the past action; and if past action was proper, there was no problem; he was terminated and notified, The Mayor asked when the City Manager would be back. Administrative Assistant Linn said the City Manager would be back in the morning. Councilman Hogue said the City Manager could make up his mind in the morning, and the Deputy Director could be terminated in the morning. Administrative Assistant Linn said he was sure the City Manager checked into this and made sure that it was legal. 8/2/66 284 CLAUDE L. HART, 929 E. 16th Street, was present and stated the Buffer Zone Committee was "going over the heads" of the local Navy command, and criti- cized the Committee's appeal to Rep. Van D•eerlin, JOE MINOGUE, 1105 E. Fourth Street, was present and reported the results of the National School District tax override vote: Yes: 1801; No: 1420. Unofficial, but complete. BARNEY MELILLO, 105 Laurel Street, was present and announced the start of the Pony League Division Tournament next Wednesday at 8:30 and gave each Councilman -a ribbon. Mr. Melillo said in regard to the City Manager's recommendation the City take a $100 ad in the Pony League Program, it was the policy not to charge the City for any ad that was put in the book; it was a token of appreciation of the close association between the Pony League and the City of National City. BILLS AUDITED BY THE FINANCE COMMTi'EE Were presented: General Fund $24,215.33 Traffic Safety 5,354.61 Park 1,984.55 Retirement 5,695.69 Trust and Agency 51.00 Special Street 1,336.80 Sewer 454.46 Civic Center 7,264.16 Total $46,356.60 MOVED BY HOGUE, seconded by Reid, the bills be approved and warrants ordered drawn for same. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. MOVED BY HOGUE, second by Colburn, the request rar. overwidth driveway re- quested by Shell Oil Company at lath Street and Cleveland Avenue be granted. Councilman Reid said he would like a recommendation from the City Manager. Administrative Assistant Linn said the recommendation of the City Engineer and the Director of Planning on the same driveway came before Council on July 12th, and was approved. Motion carried by unanimous vote. A communication from the SOUTH BAY Y.M.C.A. expressing appreciation of the tour of the Civic Center a.nd Police Department by Summer Day Camp was pre- sented, Ordered filed by unanimous vote. A communication from the Chamber of Commerce requesting the Council to appeal to the RCS KY MOUNTAIN TARIFF BUREAU to assess National City at the same truck shipment rate as San Diego was presented. Moved by Hogue, seconded by Colburn, it be referred to the City Attornej for a resolution appealing to to the Rocky Mountain Tariff Bureau to remove the arbitraryaassessment rates so National City is rated the same as San Diego. Carried by unanimous vote. A request for "no -fee" permit to conduct the annual appeal by the MUSCULAR DYSTROPHY ASSOCIATION and the City Treasurer's recommendation of approval were presented. Moved by Reid, seconded by Hogue, it be approved. Carried, by the following note, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. The request of Civil Service Commission Chairman McGrath the Council adopt a resolution authorizing the Mayor and City Clerk to execute a Cost Service Agreement with the State of California Personnel Board was presented. Moved by Colburn, seconded by Hogue, it be granted. Carried by unanimous vote. ADMINISTRATIVE ASSISTANT LINN reported the Secretary of State's Certificate for the National City Airport Annexation was received. 8/2/66 285 ADMINISTRATIVE ASSISTANT LINN.presented a resolution of the City of San Marcos urging the opening of the Naval Repair Facility in San Diego. Ordered filed by »nanimous vote. CITY CLERK MINOGUE reported receipt of the "Analysis of Assessments before Equalization" from the County Assessor and stated it would be on file in her office. CITY CLERK MINOGUE read communications in regard to the re -opening of the U.S. Naval Repair Facility from: Rear Adm. W. F. Petrovic, Deputy Commander for Shipyards and Program Director for Shipyard Modernization; Senator George Murphy; and a letter to Senator George Murphy from Rear Adm. J. J. Fee, Vice Commander Naval Ship System's Command; and stated all would be on file in her office. CITY CLERK MINOGUE reported receipt of the County of San Diego Census Tract Street Index which will be on file in her office. CITY CLERK MINOGUE reported letters were sent to the County Recorder, State Board of Equalization, County Board of Supervisors, etc., to insure the placing of the National City Airport Annexation on the City's tax rolls immediately. DIRECTOR OF PLANNING STOCKMAN read her report in regard to 3051 Baker Place dated July 28th, in which the annexation of the property and its zoning was outlined and the history of the events leading to the September 1965 judg- ment signed by Superior Court Judge George A. Lazar, and recommending the differences be determined between the two property owners or in a Civil Court. Mayor Morgan recommended a copy of the report be sent to Mrs. Montgomery and the report be filed. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote. DIRECTOR CP PLANNING STOCKMAN read her report dated August 2nd in regard to the proposed Moynahan Auto Dismantling establishment in the area east of Wilson Avenue, north of 28th Street, and said the matter would be on the Planning Commission's agenda for August 8th and a further report would be forthcoming. Mrs. Stockman said copies of her report were placed in each Councilman's mail folder. Mayor Morgan recommended the item be on the Agenda for the next Council Meeting. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote. Moved by Hogue, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:30 p.m. ATTEST: 8/2/66