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HomeMy WebLinkAbout1969 08-12 CC MIN131 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 12, 1969 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, Hogue, Reid, Morgan. Absent: Colburn. ADMINISTRATIVE OFFICIALS present: Deputy City Clerk Fasig, Foster, McLean, Civil Engineer Associate Onley, Osburn, Stockman, Watts. The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Mayor Morgan. Moved by Camacho, seconded by Reid, the minutes of the regular meeting of August 5, 1969 be approved. Carried by unanimous vote. Absent: Colburn. MAYOR MORGAN said Edgerton Way is only 30' in width and can never be wider; he recommended changing it to a one way street going off of 8th Street to 9th Street and (Councilman Colburn arrived at 7:32 p.m.) it be referred to the City Manager for a report. Moved by Reid, seconded by Camacho, the Mayor's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: None. Abstaining: Colburn. MAYOR MORGAN recommended they authorize the City Manager to have the curb painted in the valet parking area to permit 15 minute parking near 7th Street (allowing people to use the area during the day when not in use as valet parking). Mayor Morgan inquired if signs could be installed saying there was 15 minute parking from 9:00 a.m. (or whenever they decided) until time for valet parking to be used. Moved by Hogue, seconded by Camacho, this item be laid over until next week until they could all look into it. Mayor Morgan asked the City Manager to make a recommendation. Carried by unanimous vote. COUNCILMAN HOGUE requested a report sent to him from the Chief of Police ex- plaining to him the training Police Reserve personnel have in the area of human relations, physical training and what the age limit is before they are allowed to carry a gun in the community. The proposed PROCLAMATION of "COURTESY IS CONTAGIOUS WEEKS" (August 29 - September 13, 1969) was read. Moved by Reid, seconded by Camacho, the proc- lamation be adopted. Carried by unanimous vote. MAYOR MORGAN stated there have been several changes made in the downtown area in the past year and should be noted by the Council: the Melody Club and McDini's old building have been demolished; the Dog House, the 76 Gas Station and the furniture store at 6th and National where the furniture has been set out on the sidewalk are coming down; he hoped sometime there will be a change at some of the theatres in the area. WILLIAM KLUMPP, 1334 E. 16th Street, was present and stated he was giving a benefit for Granger Hall and requested cooperation from the City; he would like to have the Mayor but understood he would be cut of town at that time so would like to have someone else help him; money received will go to the Granger Hall Fund. JOE MINOGUE, 808 Ethel Place, was present and said the benefit would be this coming Saturday at the South Bay Plaza from 11:00 a.m. to 6:00 p.m.; there will be a festival of music, folk dancing, karate, magicians, etc. Mr. Minogue said they would need 150 chairs, 3 tables and a piano; this has been discussed with staff and they only need the approval of Council. Moved by Camacho, seconded by Reid, the City participate in any- thing that will help the Granger Project. Councilman Colburn asked if the possibility of moving the building had been confirmed. Mr. Minogue replied they have worked very closely with Director of Building & Housing Biggs and it was their intention to bring everything up to code. Councilman Colburn said his concern was perhaps the Council was participating in something that has not been proven feasible. City Manager Osburn said he did not have a re- 8/12/69 132 sort from Mr. Biggs yet that it was feasible; the last one received recommen,- ed they hire a structural engineer. Mr. Minogue stated the carriage house cannot be moved; however, they have been given assurance Granger Hall can be moved in one piece and they have a price for moving it; the ceiling will re- main intact; the City Engineer has offered to help in matters of engineering; they also plan to move the residence because it makes it possible for them to have a caretaker living in the area and will keep insurance rates down when they go into operation; it is not their intention to use the building until it is brought up to code. Mr. Minogue stated they were getting large donations (were well over $5,000.00 in contributions) but were not getting the $2.00 and $5.00 donations from the people as expected; they have 5,000 wooden nickels which will be given for each 250 donation. Motion for the City to participate in anything that will help the Granger Project carried by unanimous vote. MAYOR MORGAN recognized Beverly Gautereaux, present in the audience. Moved by Hogue, seconded by Camacho, the following resolutions be presented by title. Carried by unanimous vote. RESOLUTION NO. 9901, "RESOLUTION ACCEPTING THE WORK FOR O. D. ARNOLD HILLS SUBDIVISION." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. ;902, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDITURES (Alterations and Additions to Public Library)." Moved by Camacho, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9903, "RESOLUTION ESTABLISHING GENERAL PREVAILING RATE SCHEDULE OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS, Supersedes Resolution No. 9745." Moved by Reid, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9904, "RESOLUTION FIXING 1969-1970 TAX RATE." Moved by Reid, seconded by Camacho, the Resolution be adopted. Councilman Colburn stated he would rather see the tax rate remain the same and utilize the money for pro- jects benefiting our citizens. Motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Colburn. RESOLUTION NO. 9905, "RESOLUTION RESCINDING RESOLUTION NO. 9871, A RESOLUTION OF AWARD OF CONTRACT (27th Street and 'A' Avenue, Assessment District No. 168)." Moved by Hogue, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9906, "RESOLUTION OF AWARD OF CONTRACT (27th Street and 'A' Avenue, Assessment District No. 168)." Moved by Hogue, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9907, "RESOLUTION RESCINDING RESOLUTION NO. 9899, A RESOLUTION OF AWARD OF CONTRACT (Arcadia Place and Pleasant Lane, Assessment District No. 169)." Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9908, "RESOLUTION OF AWARD OF CONTRACT (Arcadia Place and Pleasant Lane, Assessment District No. 169)." Moved by Hogue, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9909, "RESOLUTION APPROVING CERTAIN CHANGES IN WORK (8th Street, 'K' Avenue to Easterly Line of Railway, Assessment District No. 165)." Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN said listed under New Business of the Agenda, Item 1, was the report of the City Clerk on the result of the opening of sealed bids for the improvement of Orange Street and the recommendation of the City Engi- neer that the low bid of T. B. Penick be accepted in the Orange Street Im- 8/12/69 133 provement District; he had a resolution to present in this regard. RESOLUTION NO. 9910, "RESOLUTION OF AWARD OF CONTRACT (Orange Street - 18th Street to 20th Street, Assessment District No. 170)," was presented. Moved by Hogue, seconded by Camacho, the Resolution be read by title. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY McLean stated he circulated a draft copy of an ordinance estab- lishing regulations for carnivals; the question remains as to what license fee the Council wanted to impose; the present license fee for carnivals is $25.00 per day. Moved by Hogue, seconded by Morgan, they retain the same license fee they have been charging. Carried by unanimous vote. ORDINANCE NO. , "An ordinance establishing operating regulations and license fees for carnivals, circuses, traveling shows and midways," was pre- sented for first reading. Moved by Camacho, seconded by Reid, the first read- ing of the ordinance be by title. Carried by unanimous vote. The title was read. ORDINANCE NO. , "An ordinance amending Ordinance No. 1201, Division 4, Chapter 4, National City Municipal Code, providing for licensing of peep show devises and defining construction of safety standards for peep show estab- lishments," was presented for first reading. Moved by Camacho, seconded by Reid, the first reading of the ordinance be by title. Carried by unanimous vote. The title was read. CITY ATTORNEY McLEAN stated the Alcoholic Beverage Control Board reports the Duartes (Adela M. and Mariano R.), who have applied for a liquor license for a restaurant at 321 Highland Avenue, have agreed to the conditions suggested by the Chief of Police; he recommended the City withdraw its protest. Moved by Camacho, seconded by Colburn, the City Attorney's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid. Nays: Morgan. BILLS AUDITED BY THE FINANCE COMMITTEE were presented. General Fund $ 5,227.89 Traffic Safety 494.87 Park 853.46 Retirement 18,820.91 Trust & Agency 75.00 Drainage 44.50 Sewer 252.96 Total $25,769.59 Moved by Camacho, seconded by Reid, the bills be paid and warrants be drawn. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue, Reid, Morgan. Nays: None. The DIRECTOR OF PARKS & RECREATION'S report in regard to tree moving equip- ment, was presented. Moved by Hogue, the report be filed. Motion died for lack of second. City Manager Osburn said the Director of Parks & Recreation requested more time in order to require a demonstration of a particular machine which would be compatible to local soil conditions. Mayor Morgan suggested the City Manager keep them informed on how they will get the machine. Ordered filed by unanimous vote. Operations procedures for swap meets: (a) Communication from JACK N. BRAD- SHAW, Attorney at Law, outlining recommended procedures, license rates, etc. and (b) recommendation of POLICE CHIEF CAGLE no changes be made in the Swap Meet Ordinance until operational procedures are worked out on a County -wide basis, were presented. Councilman Camacho stated Mr. Derr, owner of Sale City, has complied with all request. made by the Chamber of Commerce and has cooperated with the Chief of Police and the City; we should adopt whatever 8/12/69 134 7.hey have presented here. Mayor Morgan recommended they adopt this but rai:: the license fees to $5,000.00. Moved by Hogue, seconded by Camacho, we change our ordinance to include the suggested fees in the letter regarding the owners license and the license to persons selling new materials and those persons selling used materials. Councilman Colburn inquired if that was accepting all of the recommendations. Councilman Hogue said it was just the fees. Jack N. Bradshaw, Attorney at Law, 1003 Plaza Boulevard, was present and requested the proposed amendments to the ordinance they submitted be adopted by the Council; Mr. Derr has complied with every request made; there was a request by the Chief of Police regarding the law enforcement problems involved in the operation of a swap meet and they have made every effort to comply with his request; however, as yet they have not obtained the list of objectionable items; they suggest the ordinance be amended to provide that certain objectionable items be listed and described in detail on an inventory type form with the City submitting the form that would satisfy both the Council and the Chief of Police; Sale City is willing to have the forms print- ed at their expense. Mr. Bradshaw said there was an average of 300 vendors per day on Saturday and Sunday; of these there are 274 merchants selling a combination of new and used, or strictly used, merchandise; there is an aver- age of 26 sellers per day of new merchandise; they suggested the sellers of new merchandise be required to purchase a business license frcm the City; Mr. Derr suggests the license fee for Sale City be increased from $2,000.00 to $4,510.00 per year; this, combined with the license for the 26 sellers of new merchandise, would total $4,900.00 per year which the City would realize from the operation of the swap meet. Mr. Bradshaw suggested in matters involving items that cause a police problem they follow a form prescribed by the City, having the people inventory the items in detail by serial number and complete describtion so if there was ever a question regarding the origin of the item or the right of the purchaser to have it in custody, it would eliminate a great number of the problems. Councilman Colburn asked if it would be proper if they adopted this as it is and then amend it if anything came up later; this way they could immediately start controlling the areas being overlooked. City Attorney McLean said the ordinance could be changed; however, there was a certain amount of expense involved: the amount of staff time in preparing it for presentation; the law requires it be published by the Clerk and doesn't go into effect for 30 days after adoption; the cost of publishing depends upon the length of the ordinance; he was under the impression the County- wide ordinance was going to be ready in the near future; he thought the Folice Chief's recommendation on specific regulations was going to come along shortly; if that's the case, the City will be spending money to adopt an interim ordinance. The City Attorney said the ordinance changing the license fee would be much shorter than the one giving regulations; the licensing fee ordinance becomes effective immediately upon adoption; the 30-day waiting period does not apply to tax measures. Mayor Morgan recommended the license fee be set at $5,000.00; they should adopt these guidelines and then they could make any change later on if desired. iMir. Bradshaw said if the license fee was raised at this time it would be extremely unfair to Mr. Derr. Motion to change our ordinance to include the suggested fees in the letter so far as the owners license and the license to persons selling new and used mater- ials failed by the following vote, to -wit: Ayes: Hogue. Nays: Camacho, Colburn, Reid, Morgan. Moved by Camacho, seconded by Reid, this proposal be adopted tonight. Mayor Morgan asked if he would include in the motion his intention to hold it at $4500.00 or raise to $5000.00. Councilman Hogue said he thought it was stated this would allow the swap meet to sell things the Chief of Police has been against selling; he thought there was a restriction on business machines and bicycles. City Manager Osburn said this was some- thing they were proposing to change. Councilman Hogue stated they should lay this over and see if by the next meeting the County has its ordinance. Mr. Bradshaw said if the Police Chief wants to add other items to the list of items of objectionable character, the swap meet would make a complete in- ventory, record the serial number, issue a sales receipt in triplicate giving the name of the seller, name of the purchaser and a complete description of the item sold; Sale City will retain a copy for the Chief's records and if they must go to these lengths, they should again allow the sale of business machines and bicycles. Councilman Colburn asked if the motion, as it stands, is sufficient to allow these items to be sold so long as they are identified 8/12/69 135 mike the Police Chief recommended. City Attorney lcLean said yes. Motion t adopt the proposal tonight carried by the following vote, to -wit: Ayes: Camacho, Colburn, Reid, Morgan. Nays: Hogue. The RESCHEDULED ASSESSMENT HEARING ON THE IMPROVEMENT OF 17TH STREET AND N AVENUE, ASSESSMENT DISTRICT NO. 138, was held at this time. Deputy City Clerk Fasig stated the Certificate of Publication, Affidavit of Mailing and Affidavit of Posting were on file; two written protests were received from: Morris T. Chase, owner, 1310-1312-1314-1334-1335 E. 16th Street, and Clarence P. Hudson, 1418 E. 17th Street. Civil Engineer Associate Onley designated en a map the properties owned by Mr. Chase and Irr. Hudson and said both of the protests were in regard to driveways. City Engineer Foster said the two pro- tests constituted 3.823; the driveway Parcel No. 1 objects to (there's a con- flict there with a storm drain) would be much improved if they would put some posts there; the other protest was received yesterday; his driveway was taper- ed back as far as they could without interferring with the sidewalk; it's a little steep but didn't look too bad. Morris T. Chase, 1310 E. 16th Street, was present and said the driveway that was put in was higher than the grade level shown on the plans and was moved so close to the end of the apartment that entrance to the building was restricted; he thought something should be done as during wet weather it was somewhat hazardous; he received complaints from his tenants; the storm drain was wider than it needed to be; someone came out and put up some temporary sawhorses; without those someone could drive into a storm drain; coming out of the driveway, anybody that turns to the right drives off a curb which could damage the vehicle; because of this, they moved the driveway over which has caused the entrance trouble; he would like to see something done to ease the situation; they were told when this was put in any problems of this nature would be taken care of. Mr. Chase said they built the wall and when they finished it the lawn in front was almost des- troyed; also, a fence in the left-hand corner of the property was dangling down the bank and left in an unsightly condition; he would like to have this taken care of so that his tenants do not complain; Mr. Wilkins, who also owns property there, has made several phone calls and complaints. Clarence P. Hudson, 1418 E. 17th Street, was present and said his driveway drops off too quickly and he had to keep his car brakes on very tight in order to keep from rolling down; he would like to have someone see if anything can be done about it. (Mrs. Toft, 833 Edgerton Way, was present and said she thought the Council voted to have Edgerton Way made a one way street. Mayor Morgan said they were now having a public hearing on 17th Street and N Avenue; her prob- lem was laid over for next week when the City Manager would make a recommen- dation.) Councilman Colburn said both Mr. Chase and Per. Hudson referred to steep driveways and asked if the driveways come ot't to the end of their pro- perty lines and then slope off. Civil Engineer Associate Onley said Mr. Chase's problems regarding his driveway are true; they had to move the drive- way to get the drain in; this is a problem that can be taken care of by the staff. Mayor Morgan asked if they planned tc fix it so there wouldn't be danger of someone driving into it. Mr. Onley said they have letters from both Mr. Hudson and Mr. Chase giving permission to work on their properties; he thought they had done Mr. Hudson's driveway the best they could; if there is a better way, the staff would find it. Councilman Colburn said what he was trying to establish is if he took his driveway out and started from his garage or where he parks and sloped toward the curb would it be a normal driveway. Mr. Onley said they took as much out as they could take out; it is steep and they went as far back as they could. Councilman Camacho in- quired if a verbal agreement was satisfactory with Mr. Chase that this would be taken care of. Mr. Chase said he thought he could take the word of the Council. Moved by Camacho, seconded by Colburn, the hearing be closed and it be referred to the proper authorities for processing. Councilman Hogue asked Mr. Onley if it was his opinion the City had done all it could for Mr. Hudson's property. Mr. Onley replied the contractor has met his obligation according to the contract; whatever is left to do the City will have to do; they will make a good study of Mr. Hudson's problem. Mrs. Smith, 1504 E. 17th Street, was present and said three or four citizens would like to know how the City came by the amount assessed for each property. Mr. Onley said in 1963 the City went to what is called benefit assessments which eliminated the use of frontage assessments; if you have a larger parcel you're going to 8/12/69 135 .ave a higher assessment. Mrs. Smith said twc of them have the same size property and asked why their bills were different. Mr. Onley replied he would prefer to answer in his office as all of his calculations were there; different sized driveways, different areas and a lot of things make them different. Mayor Morgan said Mr. Onley has all of the figures in his office and if she would call on him he could explain it tc her. Motion to close the hearing and refer it to the proper authorities for processing carried by unan- imous vote. RESOLUTION NC. 3;11, "RESOLUTION CONFIRMING ASSESSbPIrr (17th Street, 'N' Avenue, Assessment District No. 138)," was presented. Moved by Camacho, seconded by Reid, the Resolution be read by title. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Camacho, the Resolution be adopted. Carried by unanimous vote. The report of the DIRECTOR OF BUILDINNG & HOUSING in regard to remodeling of a commercial building (Dog House Beer Bar, 841 National Avenue) stating the plans and specifications were in conformance with applicable regulations for public assembly buildings, was presented. City Manager Osburn said this re- lates to the request for a transfer of an on sale beer license from approxi- mately 7th Street down to 841 National Avenue; last week it was held up be- cause we did not knew whether or not the building would comply with the existing Health, Building and Fire regulations; it was found that it does and we no longer need tc protest the license en that ground. Councilman Camacho said they should check into this more deeply; the Mustang and the Melody Club had to present to the Planning Commission and the Council certain plans; since it was required of Mx. Groeschel and Mr. Hicks, the man who is going to put this bar in should come up with a plan for his place of business also. Coun- cilman Hogue inquired if it had already been pretested. City Attorney McLean said it had. Councilman Colburn inquired if there was nc change of owners on the license. City Manager Osburn replied it was a premises to premises trans- fer. Councilman Colburn stated he agreed with Councilman Camacho. City Attorney McLean said a letter could be written telling him the Council won't withdraw its protest until he comes before the Council to present remodeling plans. Moved by Colburn, seconded by Camacho, the protest remain until such time that we have received communication from Mr. John H. Jenkins on his in- tentions. Councilman Colburn said the intention he was referring to was the same as requested of the others: type of building, remodeling. Councilman Colburn suggested the writer of the letter explain this is the procedure taken in the past and that is why it is being required now. Mayor Morgan said he was against the motion; there are already tco many beer licenses in National City. Carried by the following vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan. An original application for an on sale beer license by CHARLES D. & NORA L. MORGAN and ALLE1E and ROBERT C. WHITTAIER, D:3A AL'S PLACE, 2100 National Avenue, was presented. Councilman Colburn asked if they were tc receive a report on the effect on the Redevelopment Project. City Manager Osburn said no, his impression was the report was to be held up until they found out who the new owner was, etc.; it was apparently thought the new owner would be the one who had his license revoked some time ado; this is not the same person. Councilman Colburn asked if they could have a report as to whether or not there would be any effect on the Redevelopment Project. City Attorney McLean said they could write a letter advising him that he is buying into a business in the Redevelopment Project and it is anticipated the area will be condemned. Moved by Colburn, seconded by Camacho, this item be filed. Motion failed by the following vote, to -wit: Ayes: Camacho, Colburn. Nays: Hogue, Reid, Morgan. Moved by Hogue, seconded by Reid, the application be Protested. Councilman Colburn asked what the grounds were for the protest. Councilman Reid said that was in the Redevelopment Area and if the new owner goes in there and spends money to remodel the builc11-g, it will cost the City more money. Councilman Colburn stated he was against the motion as the building was operating now as a restaurant, unless it was closed in the last few days; the owner wants the beer license to go along with his present operation. Motion carried by the following vote, to -wit: Ayes: Hogue, Reid, Morgan. Nays: Camachc, Colburn. 8/12/og 137 .n original application for an off sale beer and wine license by*OBL ENTER- PRISES, DBA THE ?IZZA MAN, 1424 Highland Avenue, was presented. Moved by Colburn, seconded by Camacho, the application be filed. Carried by the fol- lowing vote, to -wit: Ayes: Camacho, Colburn, Hogue. Nays: Reid, Morgan. The CITY CLERK'S report on the result of the opening of sealed improvement of Orange Street, Assessment District No. 170: T. Sons - $14,151.22; Griffith Company - $14,668.30; a. E. Hazard Co. - $14,533.01 (City Engineer's recommendation City increase bution $700.00 and the low bid of T. 3. Penick be accepted and presented. Mayor Morgan said this had been taken care of. bids for the 8. Penick & Contracting their contri- awarded), were Communications in regard to the sub -bid for carpeting the addition to the National City Public Library from CURRAN, GOLDEN, iicD3JITT & MARTIN and from JAMES W. BIRD, A.I.A., were presented. Moved by Camacho, seconded by Reid, the communications be filed. Thomas Golden, Attorney at Law, 716 San Diego Trust & Savings 3uilding, was present and asked the Council to grant relief for the problem outlined in his letter to the City Manager (dated July 25, 1969) which faced Mr. McWilliams; it is basically that Mr. McWilliams is a small contractor with only two employees; Mr. McWilliams erroneously quoted (through a mistake of his salesman or through a mistake of the supplier) a price of $5.50 a yard for the carpeting (tile estimate of the architect for the carpeting was $10.00 a yard); if Mr. McWilliams is required to follow through on the sub -contract bid he will lose approximately $5500.00 which is almost his year's income. City Manager Osburn said they had a recommendation from the architect. Mr. Golden said he had not seen it. Mayor Morgan gave a copy to Mr. Golden to read and asked for a motion to table this item until later. Moved by Colburn, seconded by Reid, this item be tabled until the end of the meeting. Carried by unanimous vote. Communications in regard to costs for additional lighting and air condition- ing, alterations and additions to the Public Library from the architect and contractor, were ?resented. Moved by Reid, seconded by Camacho, the communi- cations be filed. Mayor Morgan said the lighting and air conditioning for the Library would be $26,000.00 and is too much; they will have to leave this for a future Council. Councilman Hogue inquired if this meant the lighting and the air conditioning would only be put it the new addition to the Library. City Manager Osb,rn said that was correct; also the new carpeting. Carried by unanimous vote. An invoice from DCI-DESIGN CONSULTANTS for ccrc2essicnal services rendered in the amount of $3,600.00, was presented. Moved by Reid, seconded by Morgan, the bill be paid and a warrant be drawn for sane. Carried by unanimous vote. A communication from the PRESIDENT, NATIONAL CITY CHAMBER OF COMMERCE, con- gratulating the Mayor and City Council for street improvements the past year and recommending installation of sidewalks on 8th Street from L Avenue to Paradise Valley Road and requesting information on the progress of the im- provement of Paradise Valley Road, was presented. Moved by Hogue, seconded by Reid, the communication be filed. Carried by unanimous vote. A communication from JACK M. HARRISON, ATTORNEY AT LAW, in regard to expense of cut -back of the canopy at Scotty's T.7. necessitated by the widening of 8th Street, was presented. Moved by Camacho, seconded by Reid, this item be referred to the City Attorney. Carried by unanimous vote. A communication from the MANAGER, NATIONAL CITY GOLF COURSE, requesting per- mission to close the golf course to the general public on August 30th and 31st for the pur?cse of holding the first National City Golf Course Invita- tional, was yresented. Moved by Reid, seconded by Camacho, the request be granted. Carried by unanimous vote. The request of the NATIONAL CITY RODEO ASSOCIATIOI•? for a permit to allow Rose City Shows to operate a carnival on tha Montgomery Ward parking lot September 4 - 7 and the waiver of the City license and fees with the proceeds to be used to help establish a Servicemen's Center and a communication from *Name corr<_.ctod n ! Counci 1 to C is L Snterrr.= ses at regular meeting of 8/26/69. 8/12/69 138 .ne Police Chief staling if there is a Midway the Police Department would re quire the names of the games of skill and the full names, Social Security number or drivers license number and the home address of the operators and upon receipt of this information his office has nc objections to the opera- tion of Rose City Shows, were presented. Moved by Hogue, seconded by Camacho, this be permitted with the stipulations by the Chief of Police, included. Councilman Colburn said if the carnival's share is in the thousands of dollars, they should not allow this on a no fee basis as the fee helps offset adminis- trative costs. Frank Lowrey, 1100 Highland Avenue, was present and said the Rodeo Association's contract with the carnival is on a guarantee basis; if the carnival has to pay the fee, this is deda.cted from the guarantee which in reality would be the Rodeo Association paying the fee. Councilman Colburn inquired what accounting procedures the Rodeo Association had to guarantee the gross receipts were correctly submitted. Mr. Lowrey replied all they had was their bookkeeping at the end of the show; right or wrong, this is standard procedure. Carried by unanimous vote. A Notice of a public hearing from the DEPARTMENT OF INDUSTRIAL RELATIONS in regard to adoption of Amusement Rides Safety Orders, was presented. Ordered filed by unanimous vote. Step increases for elinible employees, approved by department heads and the City Manager: Charles E. Curley, Building Inspection; Lanny J. Jacquot, Police Department; Nancy Marsteller, City Clerk's Office, were presented. Moved by Hogue, seconded by Camacho, the step increases be approved. Carried by unanimous vote. A communication from the DIVISION OF HIGHWAYS enclosing the proposed General Plan for the 22nd Street Pedestrian Overcrossing cn Route 805 and inviting comments, was presented.. Ordered filed by unanimous vote. A communication from the CITY MANAGER filing two items with the City Clerk, (No Council Action Necessary) was presented: (1) San Diego County Water Authority letter dated August 1, 1969 enclosing tabulations showing changes in quantity of water stored in San Vicente Reservoir as of July 31, 196;, and average monthly water deliveries in c.f.s. by Authority to member agencies for fiscal year 1959-70 through July 31, 135; (2) Minutes of the regular meeting of the Beard of Directors of the South Bay Irrigation District dated July 1, 196c. Moved by Hogue, seconded by Camacho, the item pertaining to caryeting for the Library be taken from the table. Carried by unanimous vote. Mr. Golden said he read Mr. Bird's communication and Mr. Bird neglected to take into account the Courts have for many years permitted correction of errors of this type; the General Contractor has been dealing with the City government but if Mr. McWilliams had been dealing directly, he had no doubt the Court would grant relief; he didn't think the City would be hurt greatly nor was he asking the City to make a decision tonight; all they wanted was relief even though it may mean a loss to Mr. McWilliams; they were asking that the loss be minimized to the next lowest bid. Mayor Morgan said the motion was on the floor they file the communications. City Attorney McLean said the specification docu- ments were given to bidders for their inspection so they could prepare a bid in conformance with the building design which required a specific kind of carpeting and the bid documents spelled out very clearly the kind of carpet- ing the bidder was required to provide; the bid notice advised the bidder that he should read the architect's specifications before he submitted his bi..; he (City Attorney) looked at the construction documents before the notice to bidders was published and was certain every bider who read that was accurate- ly informed by the architect. Mr. Golden said they did not know if Mr. IMc- Williams$ employee made a mistake or if it was made by his supplier; there is only one supplier for this kind of carpeting in the County; Mr. McWilliams verified the bid cf $5.50 per yard with the supplier prior to signing the sub -contract but it turned out the price was $10.50 per yard. Councilman Colburn inquired if it would be possible to correct this by contracting with the supplier at the lowest possible cost and have iir. McWilliams install the 8/12/69 139 _arpeting. City Attorney McLean said his initial reaction was they could not do anything for Mr. McWilliams because the City has a binding contract; the City never dealt.with Mr. McWilliams directly; we have a contract with a general contractor to produce the finished product and he has agreed to do so at a lump sum price; the dispute should be between the sub -contractor and the general contractor. Mayor Morgan said he did not think the City could give relief; if they did, maybe some of the other sub -contractors would make a similar request. Mr. Golden said they hopedto avoid litigation in this matter but it appears they will have to file a declaratory release against the general contractor and he will then obviously bring in the City; they feel the Court will grant relief if the Council won't. City Attorney McLean said the point was the City gets the building at the contract price; the contractor absorbs any loss; the Council is dealing with public funds and doesntt have a free hand. Councilman Colburn asked that the City Attorney's or City Manager's office makes sure the general contractor was aware of the Council's attitude and conversation. Motion to file the communications carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from Clifford W. Reed, a realtor, who has a lot for sale which the City will need for the extension cf Euclid Avenue; the lot is priced at $7,000.00 and he recommended the City purchase it now; if someone else gets it the City would probably have to buy a house also. Moved by Camacho, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from the Chula Vista Emblem Club to hold a donkey baseball game on the ?ony League Field October 25th and for a nc fee solicitor's permit; their Internal Revenue Service number registers them as a non-profit organization; all of their profits will go tc the Cerebral Palsy Fund and the Fund for Hard -of -Hearing Children; he rec- ommended permission be given. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Included in motion and second approval is based on the City Manager's further approval and they will return the field in proper condition, and so on. Carried by unanimous vote. CITY MANAGER OS3URN reported receipt of a letter from Mr. (James) Colvin; the School Board approved the contract between the City and the School Board for the use of the building (Central School); they have to advertise for three weeks; this will overlap the next meeting on the lgth and he believes they will hold a special meeting so the City can sub -lease the building to Father Figgess and his group and open the food distribution center sometime around the first of Seotember. COUNCILMAN COLLURid said they received a letter regarding the (Paradise Valley Hospital) Heliport and inquired if there was any action they were to take on that tonight; also, if the City does not respond do they (Calif. Dept. of Aeronautics) gc ahead as though there were no protests. City Attorney ficLean said yes, they make their independent evaluation for safety, etc. and then grant the permit. DEPUTY CITY CLERK FASIG reported receipt of communications from Senator George Murphy in regard to inflation and the Peripheral Canal which were on file in the City Clerk's office. DEPUTY CITY CLERK FASIG reported receipt of a petition for improvements on 14th Street from Grove •tc Euclid and the City Engineer's report the petition covers 81.297 of the proposed district and recommending it be accepted and a resolution be drawn directing the City Engineer to prepare plans, specifica- tions and an estimate. Moved by Hogue, seconded by Colburn, the petition be accepted and referred to the City Manager and to whomever it goes for pro- cessing. Carried by unanimous vote. 8/12/b9 140 .loved by Hogue, seconded by Reid, the meeting be closed. Carried by unani- mous vote. The meeting closed at S:17 p.m. City C1eri1 City of National City, Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of August 17, 196S. Ido corrections Correction as noted below. Mayo, CiLy//of National City, Calif. 8/12/63