HomeMy WebLinkAbout1966 11-22 CC MIN73
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA
NOVEMBER 22, 1966
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. Council members absent: None.
ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McE.san, M,inrgue, psburn,
Stockman.
The meeting was opened with salute to the Flag led by City Manager Osburn,
followed with invocation by the Reverend H. Stonier-Hamnett, St, Matthews
Episcopal Church.
CITY CLERK MINOGUE recommended the result of opening the sealed bids on the
improvement for 24th Street, omitted from the Agenda, be taken as the first
item under New Business. Moved by Hogue, seconded by Harris, the Clerk's
recommendation be approved. Carried by unanimous vote.
Moved by Colburn, seconded by Harris, the minutes of the regular meeting of
November 15th be approved. Carried by unanimous vote.
RESOLUTION NO. 9249, "RESOLUTION RENEWING PREVIOUS RESOLUTIONS URGING ACCESS
ROUTES FROM INTERSTATE 5 TO AND FROM THE SOUTH TO PROPOSED CORONADO BAY
BRIDGE," was presented. Moved by Hogue, 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: Harris, Hogue, Reid, Morgan. Nays: Colburn.
RESOLUTION NO. 9250, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(National School District)," was presented. Moved by Hogue, 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. 9251, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET
PURPOSES (Fifteenth Street, Palmer Way and Lanoitan Avenue)," was presented.
Moved by Hogue, 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 Reid, the Resolution be
adopted. Carried by unanimous vote.
ORDINANCE NO. 1144, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE
OF THE CITY OF NATIONAL CITY, CALIFORNIA (Northerly Portion of National
City Airport Annexation)," was presented for the second reading. Moved by
Colburn, seconded by Reid, the readies of the Ordinance be waived and it be
adopted byreading of the title only. Carried by unanimous vote. The
title was read. Moved by Reid, seconded by Harris, the Ordinance be adopted.
Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid,
Morgan. Nays: Hogue.
ORDINANCE NO. 1145, "AN ORDINANCE AMENDING ORDINANCE NO. 1044 OF THE CITY OP
NATIONAL CITY," was presented for the second reading. Moved by Colburn,
seconded by Hogue, 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 Hogue, seconded by Harris, the Ordinance be adopted. Carried, by
unanimous vote.
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CITY ATTORNEY McLEAN reported in regard to the question of whether or not
the City had the authority to compel participation in City garbage/trash
collection program, it was his opinion the City does have authority to
establish a compulsory program. The City Attorney said the Council has the
power to make all laws necessary for the protection of the public health
and those laws would be sustained by the Court as long as the steps taken
to protect the public health are reasonable; the question of compulsory
trash and rubbish collection has been regulated in the State. Councilman
Harris asked if people who have an unusual amount of trash around their
homes could haul it away providing they paid for service. The City Attorney
said a properly drafted ordinance could compel the refuse be removed by the
designated trash collector; some cities do that by ordinance now, but the
majority of the cities with a compulsory trash/garbage collection ordinance
provide that it is against the law to accumulate trash and garbage; if the
homeowner removes it himself and doesntt allow it to accumulate against the
provisions of the ordinance that is the end of the matter.
CITY ATTORNEY McLEAN stated he checked into the re -payment of money by the
City of National City to those residents of the Lincoln Acres area who
paid excess taxation for fire services; the refunding of these taxes is
regulated by the Revenue and Taxation Code of California which provides for
a claiming procedure; a claim is made by the taxpayer to the County Board
of Supervisors (vested with the authority to order the refund of taxes
collected on behalf of the City in a proper case); the Code further provides
if the claim is denied by the Board of Supervisors the claiming taxpayer
may bring a proceeding in Superior Court for relief. The City Attorney said
in his opinion the City Council has no authority to order a refund of taxes;
it was suggested the City Council pay an amount equal to the Lower Sweetwater
Local Fire District assessment in lieu of the tax refund, but such a payment
could be considered a gift of public funds.
CITY ATTORNEY McLEAN stated the matter of Council action on the Civil Service
Commission's recommendation to deny the appeal of the Deputy Director of
Civil Defense was on the Agenda; he received a communication from the lawyer
representing the person in question requesting the matter be carried over to
the next Council meeting so he could make a personal appearance before the
Council; and recommended the request be granted. Moved by Hogue, seconded by
Colburn, the City Attorney's recommendation be approved. Carried, by the
following votes, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid.
CITY ATTORNEY McLEAN stated in the case involving damage to the Fire Station
by the uninsured driver of an automobile, the damage amounted to $1598.00;
the driver is unable to make a lump sum payment but would like to enter
into an agreement to make installment payments of $30.00 a month until
July 1 and after that a larger amount. The City Attorney recommended the
Council ratify that agreement with the driver. Moved by Harris, seconded by
Reid, the City Attorney's recommendation be approved. Carried by unanimous
vote.
COUNCILMAN HOGUE reported a businessman received permission from the Plann-
ing Commission and the City Council to conduct business of a C-3 nature
in a C-2 zone; now the freeway will go through his present home and he must
be out by a certain time. Councilman Hogue said he would like to construct
a new building to house his business and move his family into the building
now housing his business (a former residence converted to business). Moved
by Hogue, seconded by Reid, this matter be included on the Planning
Commission's next Agenda for interpretation as to whether the existing zone
variance which he received on the property would permit the present property
owner to construct the new building and move his business into it. Council-
man Hogue said the property in question was Arts TV Shop at Lanoitan and
18th. Carried by unanimous vote.
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MAYOR MCRGAN recommended the appointment of a Historical Committee of five
persons: Mrs. David Kerr, 1211 Manchester Street; Mrs. Claire Goldsmith, 415
E. 1st Street; Mrs. Helen Lamb, 441 E. 7th Street; George James, 1424 J
Avenue; Leighton Pratt, 1923 J Avenue. Moved by Hogue, seconded by Harris,
the appointments be approved. Carried by unanimous vote.
MAYOR MCRGAN said a 1911 Act was being held up on Valle Vista Road; the
necessary drain will cost $40-50,000; the drain would run into the school
property 9-12' underground and the school is not willing to share the cost.
The Mayor recommended the Council go on record authorizing the City Manager
and the City Engineer to tee if the drainage can be carried down the center
of the road in a concrete strip as has been done in Chula Vista and go ahead
with the 1911 Act. Moved by Hogue, seconded by Harris, the Mayor's
recommendation be approved. Carried by unanimous vote.
RAY KEENER, 1416 L Avenue, owner of the National City Rubbish Company, was
present and said the compulsory garbage/trash service would be a blow to the
people of the City; he could not tell anybody they were to be forced to
have service from him; also, people would get the idea he had to haul
everything from automobile frames to household furnishings; they may put out
a $10.00 load for the price of $1.50 a month. Mrs. Robert Richards, 1411 E.
16th Street, was present and said she agreed compulsory use of the service
would not work, but if owners of rentals were compelled to pay for the
service that would eliminate some of the tenants who put out trash and get
away with free hauling. Vic Ivey, 2321 Alpha Drive, was present and said
when he trims the four palm trees in front of his house there is a tremendous
amount when he has finished; the trash man won't take them unless he cuts
them up in 3' lengths and ties them in bundles; so he drags them back to
the back of his lot, gets a permit from the Fire Department and burns them;
it would be quite a hardship to be forced to cut and tie in bundles if there
was compulsory service.
MRS. HOLTMAN, 1012 Coolidge, was present and complained about the Paris
Theatre; there are two theatres in the City: the Bay and the Paris; it is
too far for the children in her neighborhood to walk to the Bay and the Bay
does not always show movies you would like your children to see. Mrs.
Holtman said if men want to see the kind of movies shown at the Paris, they
can go to San Diego; they are not needed in National City.
EDDIE R. LYNCH, 25 W. 5th Street, was present and said he is planning to
open a tattoo shop at 822 National Avenue; the Tattoo Ordinance passed
recently states "it shall be unlawful to tattoo any person under the age of
twenty-one unless he has the written consent of the parent or guardian and
such consent shall be kept on file two years in the office of said establish-
ment;" the State requires only that the customer be eighteen years of age.
Mr. Lynch saidlo obtain permission the customer (mostly sailors) must
write home and before they will do that they will go to San Diego where this
is not a requirement; Mr. Lynch requested that section of the Ordinance Jam_
voted out or changed to conform to State law. Vice Mayor Colburn inquired
if there was a reason why the age was limited to twenty-one or over. City
Attorney McLean said he studied ordinances concerning the regulation of
tattooing from three cities and Ordinance No. 1138 was substantially the same
as the one adopted by Oceanside; actually he was looking for one with
specific sanitation standards and the age requirement included was part of
the Oceanside ordinance. Moved by Colburn, seconded by Harris, the City
Manager and City Attorney bring a report to next meeting on the pros and
cons of limiting the ages to 18 or 21 and find out if San Diego has a
problem with this ate group to enable consideration of changia2 our ordinance.
Carried by unanimous vote.
A. J. POMMIER, 2211 E. 32nd Street, was present and said the people should
not have to take the responsibility of trying to collect money paid in taxes
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to the fire district; the "politicians" should do it; it was the Council's
mistake in the first place., Mr. Pommier said it has taken a year to come
up with the answer given by the City Attorney; he has been given so many
different stories; about 6 months ago he was before the Council on the same
matter and Mr. Colburn made a motion to notify all of the people involved
and he hasn't heard of a letter being received yet; it was the responsibility
of the Council to see that they get paid. Councilman Hogue said what Mr.
Pommier was suggesting was the Council initiate the action to see if it is
legal for the Council to refund this money or not as the City Attorney felt
it might be construed as a gift; and asked if it was possible for the
Council to see if it would be legal to refund the money; could the Council
take a positive attitude and request a ruling by the Court that they do have
a right to have this money refunded to them. City Attorney McLean said
when the City elected to have the County levy and collect taxes, the taxing
authority and the administration of taxes was transferred to the County
Board of Supervisors, County Tax Assessor, and County Tax Collector; the
procedure (outlined in the Revenue and Taxation Code) provides a taxpayer
can make claim to the County for the refund of a tax not properly collected;
the claim is considered by the County Board of Supervisors which has the
authority to order a refund of the tax; if they deny the claim, the taxpayer
has the right to go to Court and have a judicial determination; the City
Council does not have any authority to order a refund of the tax; only the
County Bcard of Supervisors can do that through their claim procedure.
Councilman Hogue inquired if one person in the affected area could go
through the procedure, and if it is decided in his favor, couldn't the
Council interpret it to mean the other people who show proof are also
entitled to refund; each one individually would not have to take his case to
Court. The City Attorney said State law provides that only the Board of
Supervisors can decide whether or not they are entitled to a refund; the
procedures are outlined specifically and among the things outlined is that
each taxpayer must state, under penalty of perjury, that his claim is true
and correct; if the County taxing authority wants to consider all the claims
at one time, he was sure they can do that; but the Council can't tell them to
do it. City Manager Osburn said the total refund would be $12-15,000.
Vice Mayor Colburn said the City should assist the people; possibly an
application form should be provided to submit to the County. Moved by
Colburn, seconded by Hogue, the City Manager be instructed to contact the
County Board of Supervisors in regard to this to learn the simplest method
they might recommend and further assist each one of the taxpayers with this
problem of double taxation on the Fire District to the extent allowed to
help expedite the refund of the tax overpay. Carried by unanimous vote.
C. Proctor, 2359 Ridgeway Drive, was present and said he planned to take
the matter to Small Claims Court but was told it was advisable to see the
City Attorney and City Manager first. Mr. Proctor said the City Attorney
advised him how to file his claim; he called and talked to Deputy Tax
Collector Woods concerning the information the City Attorney had given him;
Mr. Woods told him he had been misinformed; the City would have to do this.
Mr. Proctor said someone will have to pay him his $55.69; Mr. Woods said the
City has to notify the Board of Supervisors and they in turn tell the Tax
Collector to cancel the tax; as the bill was for 1965 to 1966 it was a
double tax.
RAY T. KEENER, 1416 L Avenue, was present and said there was talk about
people who don't pay their rubbish bills; apartment owners are all charged
a dollar per unit and pay it; people living in apartments may not think they
pay a trash bill but their apartment owner pays the bill.
PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $64,563.82, was
presented. Moved by Hogue, seconded by Harris, the payroll be approved and
warrants ordered drawn for same. Carried, by the following vote, to.wit:
Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None.
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CITY MANAGER OSBURN reported in regard to the request of National City
Rubbish Service for increase of rates for residences and the performance
bond be reduced, the City auditors requested more information than Mr.
Keener has furnished to them and have not completed the audit; it should be
back by the next meeting. Councilman Hogue stated- a compromise might be
made and in case the Council deems the requests feasible, they might write
a new contract on a yearly basis instead of a ten year basis. The Mayor
asked the City Manager to bring the matter back to the floor when he has all
the needed information.
CITY CLERK MINOGUE reported sealed bids on the improvement of 24th Street,
Gas Tax Project SS #87, were opened on Wednesday, November 16th at 3:00
P.M.; five bids were received as follows: T. B. Penick & Sons, Inc.,
$109,023.49; R. E. Hazard Contracting Company, $88,641.27; Perry Bros.
Construction Company, $98,188.42; V. R. Dennis Construction Company,
$93,529.44; Daley Corporation, $95,991.69. City Manager Osburn read the
City Engineer's recommendation the low bid submitted by the R. E. Hazard
Contracting Company of $88,641.27 be accepted and the other bids be rejected
and said he concurred in the recommendation. Moved by Colburn, seconded by
Harris, the recommendation be approved. Carried, by the following vote,
to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None.
RESOLUTION NO. 9252, "tESOLUTION OF AWARD CF CONTRACT (24th Street from
Hoover Avenue to Harrison Avenue, Gas Tax Project SS #87, Specification No.
715)," 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 Hogue, the Resolution be adopted. Carried by the following vote, to..wit:
Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None.
The request of the National City Jaycees for a no -fee permit for a Teen
Dance December 17th at the Community Building (building rental to be paid and
security precautions taken), was presented. City Manager Osburn recommended
the request be granted subject to a minimum fee charged for the building and
sufficient guards be on hand to handle the crowd. Moved by Hogue, seconded
by Harris, the City Manager's recommendation be approved. City Manager
Osburn said the Jaycees would be required to have one security officer for
every seventy-five persons present. Carried by unanimous vote.
THE MINUTES of the November 9th meeting of the PARK AND RECREATION ADVISORY
BOARD. were presented. Ordered filed by unanimous vote.
THE MINUTES of the November 16th meeting of the CIVIL SERVICE COMMISSION
were presented. Ordered filed by unanimous vote.
A communication from Rlmer L. Faiman, Sales Manager, Linda Vista Development
Companny, offering a compromise for sale of right of way for the improvement
of 24th Street, was presented. The City Manager recommended the Council
compromise in the amount of $7,775.00; splitting the difference between their
appraisal and the Council's appraisal. Moved by Harris, seconded by Reid,
the City Manager's recommendation be approved. Councilman Hogue inquired if
a compromise of this nature could be construed as a gift of public funds.
City Attorney McLean answered he didn't think a compromise on an action like
this could be so considered; it was recognition by the Council that two well-
qualified land appraisers have set different values of a piece of property;
also to pursue condemnation would cost the City a substantial amount of
money With the risk of the judgment on the value of the land higher than
either appraisal. Carried by unanimous vote.
A communication from E. J. Moore, Executive Vice President, Continana
Convalescent Centers, Inc., requesting 60 day extension of escrow to have time
to execute a commitment and set up interim financing, was presented.
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Councilman Harris inquired how long the property has been tied up. The
City Manager said roughly ten or twelve months. Moved by Colburn, seconded
by Hogue, the request be granted. Councilman Hogue said the Council
extended the time limit for this gentleman a number of times but at the
present time he knew of no offer made on this land; we also hold a sum of
money from him in case he does not come through with this development;
we should go along with him for another 30 or 60 days; however, if anyone
approaches us on this we can inform them it will be available to them in
sixty days. Carried by unanimous vote.
Notices of application by the State of California, Division of Bay Toll
Crossings (from the U. S. Army Engineer Corps) for permit (1) to place
three temporary survey towers in San Diego Bay and (2) to dredge a channel
into Glorietta Bay and to deposit the dredged material along the Coronado
Golf Course, were presented. Ordered filed by unanimous vote.
A communication from City Manager 0sburn in regard to the adoption of the
Uniform Plumbing Code, 1964 Edition, and recommending it be adopted, was
presented. Moved by Colburn, seconded by Harris, the City Manager's
recommendation be approved. Carried by unanimous vote.
A communication from the City Clerk, City of El Cajon, enclosing their
Resolution No. 8023 affirming the principle of home rule in the conduct of
its Building Code activities and opposing the recommendation for the estab-
lishment of State or Federal Building Codes and related activities, was
presented. Moved by Hogue, seconded by Reid, this be forwarded to the
League of California Cities requesting a recommendation. Carried by
unanimous vote.
CITY MANAGER OSBURN reported receipt of a communication from Roy D. Cazares,
Center Director, Neighborhood Service Center, 410 W. 18th Street, requesting
permission to use the Community Building for a fund raising dance the
evening of December 2 and asking the dance be recognized as a non-profit
function and they be granted authorization for the use of the facilities.
The City Managerrecommended the license fee be waived and they pay the
minimum rent as established by the Council and also inform their they would
have to furnish police protection. Moved by Harris, seconded by Hogue,
the City Manager's recommendation be approved. Carried by unanimous vote.
CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "CIVIL AIR
PATROL WEEK" (the week of December 1st). Moved by Harris, seconded by
Hogue, the Proclamation be approved. Carried, by unanimous vote.
CITY CLERK MINOGUE read a letter from Howard Gardner, Associate Director,
Lague of California Cities, (presented last week but not read) in appre-
ciation of the program by the people of Tecate on Sister City Day at the
League Conference.
CITY CLERK MINOGUE reported receipt of the Financial Report of the San
Diego County Water Authority for the Fiscal Year Ended June 30, 1966, which
will be on file in her office.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommendation
of November 17th the waiver of the dedication of W �, 40' of Harrison; the
installation of curbs, gutters and sidewalks on Harrison Avenue; and the
landscaping of the required 4' setback for a period of one year, requested
by the Atchison, Topeka and Santa Pe Railway Company, be granted, subject to
two stipulations. Moved by Hogue, seconded by Harris, the Planning
Commission's recommendation be approved. Carried by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN read the recommendation of the Planning
Commission of November 17th recommending the 1970 Federal Census Tract be
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approved as presented by the Planning Director. Moved by Harris, seconded
by Colburn, the Planing Commission's recommendation be approved. Carried
by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN read the Planning Commission's recommendation
of November 17th the City Council authorize the expenditure of approximately
$225.00 for a large wall aerial map of the City of National City, taken at
about 1600 feet, to be used for reference in the Council Chambers. City
Manager Coburn said we have one that would be suitable, about six feet
square. The Mayor recommended the City Manager bring this map to the next
meeting of the Council. Moved by Harris, seconded by Reid, the Mayor's
recommendation be approved. Carried by unanimous vote.
THE CITY TREASURER'S REPORT for the month ending October 31, 1966, was
presented. Moved by Hogue, seconded by Harris, it be approved and filed.
Carried by unanimous vote.
Moved by Hogue, seconded by Reid, the meeting be closed. Carried by unanimous
vote. The meeting closed at 8;45 p.m.
ATTEST:
MAY , CITY OF TI CICALIFORNIA
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