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HomeMy WebLinkAbout1969 06-10 CC MIN73 MINUTES OF THE REGULAR PasETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA June 10, 136 The regular meeting of the City Council of the City of National City was call- ed to order at 7:30 p.m. by Mayor Morgan. Council members present: Camacho, Colburn, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS present: Foster, Maley, McLean, Minogue, Osburn, Stockman, Watts. The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Elder Gerald Lacy, Reorganized Church of Jesus Christ. Moved by Camacho, seconded by Reid, the minutes of the regular meeting of June 3, 196; be approved. Carried by unanimous vote. COUNCILMAN COLBURN said landscaping of Freeway 5 between 8th Street and Divi- sion on the west side was not done and requested the City Manager to check this and ascertain what was holding it up. MAYOR MORGAN presented plaques to Councilman Colburn for his service as Vice Mayor for two years and Councilman Hogue for one year. MAYOR MORGAN suggested the Mayor and Council go on record in favor of stopping inflation; the 10% tax surcharge was permitted to stop inflation but it has been a failure; banks, insurance companies and lending institutions are ask- ing 8 to 10% interest plus 3% of the gross; in one case a builder was asked to pay 9 or 105 interest plus a 30% share of the apartment house; the Federal Government has set 10% as the legal limit for interest but the lending insti- tutions have found ways to get around this; this affects all of us. Mayor Morgan recommended resolutions be sent to representatives in Washington, D.C. demanding inflation be stopped. TOM LEONARD, 2740 Lincoln Court, was present and stated two National City young people, Laura and Patrick Kojima, were members of the San Diego Youth Symphony Orchestra and would go to Switzerland with them in August to perform in the Youth Festival; $60,000.00 is needed tc send the Youth Orchestra on the trip and $44,000.00 has been raised; Chula Jista is represented by three members in the Orchestra and their City Council voted to *atch in financial help what has been contributed by the families. Mr. Leonard said the i(ojima family has contributed $200.00 for each of their two children and he suggest- ed the Council at least match contributions made by Chula Vista. Mayor Mor- gan said the City Manager was working on this problem and would have a rec- ommendation later. MAYOR MORGAN stated there were many people in the audience who were interest- ed in Agenda Item 5 under New 3usiness (Communication from City Manager Cs - burn in regard to Swap Meet Ordinance, Minutes of 3usiness and Industrial Development Committee, Chamber of Commerce, May 7th communication from Police Chief Cagle and copy of San Diego City ordinance attached) and suggested they consider that next. Moved by Colburn, seconded by Hogue, Item 5 be referred to the City Manager's and City Attorney's offices for a clarification of the ordinance and recommended revisions, if any, from the City Manager's office to be brought back to the City Council. Carried by unanimous vote. L. T. Derr, 3200 D Avenue, (owner of the Swap Meet, "Sale City") was present and said he had a petition signed by over 3,000 people asking to be allowed to meet Saturday and Sunday and conduct their operation; if the City Manager and City Attorney decide in favor of the San Diego ordinance it will close the swap meet. Mr. Derr read one of the petiticns which stated there was little or no employment for the elderly or the partially handicapped and they did not want public assistance; the small profits derived from the swap meet helped them to face age with dignity and security and asked that unfair, discrimina- tory regulations not be imposed upon them. Mr. Derr suggested they be con- 5/10/6; 7:' sidered with any committee that meets to help draw up fair and good regula- tions for the swap meet; they would also like to meet with the City Attorney and the Chief of Police to acquaint them with the new regulations in effect at Sale City. Peter Storton, President, Chamber of Commerce, was present a.nd said the Chamber represents six hundred businessmen in National City; the businesses in National City pay rent for their buildings, property taxes and have overhead expenses; the Swap Meet is unfair competition since they do not have this added expense; a large percentage of the people selling at the swap meet are professionals; these vendors do not have to comply with local, State and County regulations, sanitation of bedding, etc.; the swap meet poses policing problems as stolen merchandise is sold at the swap meet; he knew Mr. Derr pays $2,000.00 to the City each year for a business license but the in- dependent merchant within the swap meet does not pay taxes and is on the honor system to pay sales taxes to the State of California on merchandise sold; the original concept of the swap meet was "we clean out our garages and we trade out goods and get rid of them to one another." Mr. Storton asked that the Chamber of Commerce have an opportunity along with the people from the swap meet and Mr. Derr to sit in on any meetings and to come up with a solution where National City can be happy with the swap meet. Mayor Morgan said he was a supporter of the Chamber of Commerce; however, before the $2,000.00 business license fee for the Swap Meet was established the City collected $15.00 from each person doing business at the swap meet and they only collected about $300.00 - $600.00 a year; investigators found that more sales tax was collected at this swap meet than any in Southern California. Councilman Colburn said all he included in his motion was to have this re- ferred to the City Manager's and City Attorney's offices but with the comments of Mr. Derr and Mr. Storton, possibly (if the Council had no argument against it) the City Manager could be authorized to set up a meeting. Mayor Morgan asked the City Manager if he intended to set up a meeting. City Manager Os - burn said he would. The proposed PROCLAMATION of "GOD ALFSS AMEERICA WEEK" (June 29th - July 5, 1969) was read. Moved by Colburn, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. Moved by Colburn, seconded by Reid, the following five resolutions be present- ed by title. Carried by unanimous vote. RESOLUTION NO. 9849, "RESOLUTION OPPOSING SENATE HILL 1414 REGARDING MANDA- TORY WAGES, HOURS AND 'VACATION FOR POLICE OFFICERS." Moved by Hogue, second- ed by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9850, "RESOLUTION SUPPORTING THE CALIFORNIA STATE LIBRARY AD- VISORY BOARD." Moved by Camacho, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9851, "RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (17th Street, 'N' Avenue, Assessment District No. 138)." Moved by Reid, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9852, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURES." ($9,363.00 Public Works Yard, DCI-Design Consultants and $6,292.17 for alter- ations and additions to Public Library, .Raymond D. Haas) Moved by Camacho, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9853, "RESOLUTION REGARDING PROPOSED CHANGE OF WORK (8th Street, 'K' Avenue to Easterly Line of Railway, Assessment District No. 165)." Moved by Hogue, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. 1223, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNIN- HABITED TERRITORY, DESIGNATED 'KOENIG ANNEXATION NO. 1', TO THE CITY OF NATIONAL CITY," was presented for second reading. Moved by Hogue, seconded by Reid, the ordinance be read by title. Carried by unanimous vote. The 6/10/69 SO title was read. Moved by Colburn, seconded by Reid, the ordinance be adco e , Carried by unanimous vote. The USE DISTRICT HEARING ON THE PROPOSED AMENDifilizr TC ZONING ORDINANCE NO. 952 TO ESTABLISH TOURIST, COMMERCIAL, RECREATION PLANNED DEVELOPMENT ZONE was held at this time. City Clerk Minogue stated the Certificate of Publication was on file and the recommendation of the Planning Commission was attached to the Agenda. Director of Planning Stockman read the Planning Commissions' recommen- dation in favor of the proposed amendment which was initiated by the Planning Commission to establish tourist, commercial, recreation planned development zone; the amendment would only establish the zoning; it would not be placed upon any parcel of land or any area within the City at this time; however, the Planning Commission was thinking about placing it in the area of the in- terchange of 805 and 54 in Sweetwater Valley; it would permit hotels, motels, garden apartments, town houses, apartment houses, professional offices, office buildings, restaurants (no drive-in restaurants or restaurants providing pri- marily food to go), recreational facilities such as golf course, pitch and put#,private and public parks and would permit mobile homes on a 5 acre parcel of ground, private clubs, fraternal organizations and lodges and would require service stations as an accessory use to a permissible use. No one was present in this regard. Moved by Hogue, seconded by Camacho, the hearing be closed, the recommendation of the Planning Commission be approved and it be referred to the proper administrative offices for further processing. Carried by unan- imous vote. The DISTRICT HEARING ON THE PROPOSED SPECIFIC ?LAN AND REPORT FOR THE DEVELOP- MENT OF EL TOYON PARK was held at this time. City Clerk Minogue stated the Certificate of Publication was on file and the Planning Commission recommenda- tion was attached to the Agenda. Director of Planning Stockman read the Planning Commission recommendation the Council adept the precise plan for E1 Toyon Park and as a guideline. No one was present in this regard. Moved by Colburn, seconded by Hogue, the hearing be closed, the recommendation of the Planning Commission be approved and it be referred to the proper authorities for proper processing. Carried by unanimous vote. PAYROLL AUDITED 3Y THE FINANCE COMMITTEE in the amount of $80,833.76 was pre- sented. Moved by Reid, seconded by Camacho, the payroll be approved and warrants be drawn for same. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Colburn, Hogue. A communication from CITY MANAGER OSBURN clarifying the appointment of Mr. Watts to assume the additional duties of the assistant city manager on an approximate half time basis, was presented. City Manager Osburn stated the action was approved by the City Attorney; a list was established for the posi- tion of Assistant City Manager which will expire on January 7th of next year; should this set-up not work out or Mr. Watts too busy with the Redevelopment Project, they still have until January 7th to select someone from the list. Moved by Reid, seconded by Camachc, the report be filed. Councilman Hogue inquired if the Council could hire someone who had never been tested and empl.ly them; he thought they were all guided by Civil Service rules. City Attorney McLean said that was right; there are only two positions, City Manager and City Attorney, which were not part of the City Civil Service system; before any individual can be appointed to a position in the Civil Service system, the Civil Service requirements have to be met by the City Manager or the de- partment head involved; what he told Mr. Osburn originally, and what he still believed the City law is, you can assign the duties of a job to an individual and he can perform those duties and be paid any amount of money the Council is willing to pay for the work to be done; that individual does not become a mem- ber of the City Civil Service system; he has no tenure, no employment rights, no sick leave rights, no vacation rights and no re-employment rights; he only has the fact he will perform the job and get a paycheck for it for the period of time the Council decides is proper; there is a distinction between giving someone a work assignment and appointing him to a Civil Service position; if the Council wants to have Mr. Watts perform certain duties normally performed by the Assistant City Manager and pay him for that, there is no barrier to 6/10/69 81 his doing it; i4r. Watts has not achieved the position of Assistant City Mana- ger; he is not a member of the City Civil Service System; if and when they want to appoint that job they will have to go to Civil Service for it. Coun- cilman Hogue said if the Council maintains this attitude, in a way it endan- gers all of the people who work under City Civil Service who are trying to move up; he did not think the Council should have this much power and if he was a City employee he would take a stand against it; it may happen to them the next time something comes up; if Council chooses it can put somebody who impresses them into a position and the employee's right to move up will be cancelled out. Motion to file the report carried by unanimous vote. A communication from the CITY CLERK in regard to the opening of sealed bids for Harbison Avenue Box Culvert Extension (Witon Construction Co., $13,g81.00; Pacific Engr. & Construction Co., $9,375.00; B. Williams, $11,050.00; T.3. Penick & Sons, $10,500.00) was presented. City Clerk Minogue stated the Cer- tificate of Publication and the Affidavit of Posting the Advertisement for Bids was on file. City Manager Osburn reported receipt of a communication from the City Engineer recommending the bid in the amount of $S,375.00 be awarded to Pacific Engineering & Contractors, the low bidders, and all other bids be rejected. Moved by Colburn, seconded by Hogue, the City Engineer's recommendation be approved. Carried by unanimous vote. A communication from the CITY CLERX in regard to the opening of sealed bids for the improvement of Harbison Avenue, Assessment District No. 160 (T. B. Penick & Sons, $48,777.12; V. R. Dennis Co., $51,g4:.83; R. E. Hazard Contr. Co., $46,285.54; Griffith Co., $45,892.04) was presented. (Certificate of Publication and Affidavit of Posting Notice Inviting Sealed Proposals on file.) City Manager Osburn reported receipt of a communication from the City Engineer recommending the low bid of the Griffith Company in the amount of $45,892.04 be accepted and awarded and all other bids be rejected. Moved by Colburn, seconded by Hogue, the City Engineer's recommendation be approved. In answer to Mayor Morgan's question, City Engineer Foster reported the low bid was $3,000.00 under their estimate. Carried by unanimous vote. A communication from COUNTY SUPERVISOR DE GRAFF AUSTIN, CHAIRMAN, CITY-COUITIY CAMP COMMISSION, in regard to the costs of administrative overhead of operat- ing City -County camps and requesting time at 8:00 p.m., Tuesday, June 24th Council meeting, for presentation, was presented. Mcved by Hogue, seconded by Reid, the request be granted. Carried by unanimous vote. A communication from SUPERVISOR HARRY F. SCHEIDLE in regard to equity of tax- ation and provision of services in San Diego County and recommending one or two days discussion in September with two members of each city council and the appointed executive to participate, was presented. Moved by Hogue, seconded by Camacho, it be referred to City Manager Osburn for selection. Carried by unanimous vote. A communication from DIRECTOR OF PARKS & RECREATION MALEY in regard to the possible sale of assets (Tifway Hybrid Bermuda Grass, El Toyon Park), was pre- sented. Moved by Hogue, seconded by Colburn, Mr. Maley's request be granted. Carried by unanimous vote. A communication from CITY MANAGER OSBURN recommending the Council approve by resolution that the Redevelopment Agency sign an agreement with O'Melveny & Myers as bond consultants should this be necessary, estimated cost about $3400.00, was presented. Moved by Camacho, seconder. by Hogue, the request be granted. Carried by unanimous vote. Applications for refund of $25.00 performance bonds by JOSEPH A. LESIAK, 1405 E. 17th Street, and the APOSTOLIC CHURCH, 537 G Avenue, both approved by the Engineering Department, were presented. Moved by Hogue, seconded by Rein, these amounts be refunded. Carried by the following vote, tc-wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. 6/10/6 COUNCILMAN COLBURId said they authorized Director of Parks & Recreation Male: to sell grass at El Toyon; he hoped the City Manager's office would keep Council advised of such lessons. as they went along; when they planted this grass he argued against the planting as they knew the area was going to be developed with hard areas such as buildings, slabs, etc.; they are now find- ing out the grass isn't very good or it was more expensive to take care of than to own; he hoped they consider these large investments when similar ex- penditures come up in the future. The request of the CHAIRMAiN, COMMUNITY ADVERTISING COMMITTEE, CHAMBER OF COMMERCE, for the use of a City truck and driver to transport materials to be used in the display at the San Diego County Fair, was presented. Moved by Camacho, seconded by Reid, the request be granted. Carried by unanimous vote. A copy of a brief signed by EDWARD H. ALSDORF in regard to Hearing No. 25810 before the Department cf Alcoholic Beverage Control protesting the granting of a conditional on sale beer and wine license to Mario's Restaurant, was presented. Ordered filed by unanimous vote. A communication from CITY MANAGER OS3URN in regard to extending the Mayor's, City Attorney's and City Manager's secretarial office, was presented. Moved by Reid, seconded by Hogue, this be approved. Councilman Colburn inquired if this was approving the expansion or approving the architect's recommendation. City Manager Osburn said it was for Council to approve expanding the office; it is a change in the lobby area; City crews will do the work. Carried by unanimous vote. The Minutes of the Finance Committee meeting of May 23th, were presented. Ordered filed by unanimous vote. A communication from the CITY CLERK OF CHULA VISTA enclosing certified copies of Chula Vista's resolutions opposing SB 1414 and the expansion of the Local Agency Formation Commission, was presented. Ordered filed by unanimous vote. A communication from the CITY CLERK OF INDIO enclosing their resolution urging support of the introduction of a bill providing that daylight savings time be observed nationally on a year-round basis, was presented. Ordered filed by unanimous vote. CITY MANAGER OS3URII reported receipt of a request of the Rose City Shows to operate in the South Bay Plaza for five days starting tomorrow; the request was given to the Police Chief this morning and he has made a partial inves- tigation of the concern; he has fcund nothing derogatory about the company; they have given a complete list of all of the rides, games, etc. and the names of persons who will be operating them; if this Council approves the City Man- ager would request permission to hold the $2,000.00 bond until released by the Chief of Police, Building Department and Fire Department. Councilman Reid inquired if this was the show they had some trouble with before. City Manager Osburn said this is the first time this show has ever been here. Councilman Reid asked to be informed how many warrants were still outstandin- in connection with the show they had trouble with; also, he would like to know approximately how much money the City gets from these shows, how many private patrolmen are used and who in the City benefits. City Manager Osburn said they can obtain this information; the Rose City Shows has guaranteed the Plaza $750.00 or 150 of the receipts, whichever is the greater; he could talk to some of the Plaza merchants and get an estimate on the business increase they have when the show is here. Moved by Camacho, seconded by Morgan, this request be granted. Councilman Colburn said he was against the motion; the Plaza Merchants Association feel they will benefit from the show or they pro- bably would not allow it, but the owner of the property has failed to be even slightly interested in the betterment of this community; the sooner Council showed their power and disrupted the smooth flow of income by stopping their promotion or disrupting it the sooner the owner may awaken to the fact that it is not such a terrible thing to communicate; weeks ago the City Mana- ger was authorized to communicate with the owner of the South Bay Plaza Shopp- ing Center and a letter was written; the owner has never replied to the communications although he has been in town. Councilman Colburn said his i_t- tention in making the motion to meet with the owner was so they could spend their time and money helping him plan a better driving access; he did not mean to tell him to plant trees, fix his chuck holes or paint his buildings. Councilman Colburn said he was protesting the late authorizing of this pro- motion and hopefully it will be carried to the owner that the City of Nation- al City has all intentions of doing what was best fcr the community. Motion to grant the request carried by the following- vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Colburn, Hogue. CITY CLERK MIIJOGUE reported receipt of the State Board of Equalization report on Trade Outlets and Taxable Retail Sales in California, May 6, 1969 which was on file. CITY CLERK MINOGUE reported receipt of a communication to the Local Agency Formation Commission from the Executive Officer in regard to the proposed Duckpond Annexation. CITY CLERK MINOGUE reported receipt of communications from Senators Murphy and Cranston acknowledging receipt of National City's resolution in regard to year-round national observance of daylight savings time. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unani- mous vote. The meeting closed at 8:31 p.m. City Clerk City of National City, Ckdilifornia The foregoing minutes were approved by the City Council of National City at the regular meeting of June 17, 1969. Ho corrections. Correction as noted below. Mayoi, City' of National City, Calif. 5/10/69