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HomeMy WebLinkAbout1967 11-07 CC MIN103 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 7, 1967 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. Absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Foster, Linn, McLean, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Reverend Karl Hertel, Lincoln Acres Community Church. Moved by Hogue, seconded by Harris, the Minutes of the regular meeting of October 24, 1967 be approved with the following correction: Page 93, Paragraph 4, "...Petition containing 108 valid signatures..." Carried by unanimous vote. CITY CLERK MINOGUE presented her Annual Report. The PLANNING COMMISSION report in regard to the zone variances pertaining to the operation of Les Street Auto Wrecking Yard, 301 W. 24th Street, was pre- sented. Moved by Colburn, seconded by Harris, it be laid over for two weeks. Carried by unanimous vote. The PLANNING COMMISSION recommendation to approve a Residential Planned Development Permit to construct a convalescent hospital on the property south of Mariposa Street between Thelma Lane and Shell Avenue subject to twenty conditions, was presented. Moved by Harris, seconded by Colburn, the recom- mendation of the Planning Commission be approved. Councilman Hogue inquired if the property owner agreed to the stipulations. Director of Planning Stockman said they had. Carried by unanimous vote. J. L. Thompson, Con- tractor, 4016 Rogers Road, Spring Valley, was present and exhibited a render- ing and plot plan of the proposed convalescent hospital. COUNCILMAN HARRIS stated he would like to bring back to the floor the pro- posed underground utilities ordinance with amendment; it would be basically the same but the minimum number of units affected would change from three to five; utilities for five units or more would go underground; a further change would delete installation of sidewalks contiguous to the curbs and that the section relative to the undergrounding of public utilities within the boundary of all properties upon which is ccnstructed a new structure be changed to provide for multiple family dwellings of five units or more, commercial structures and industrial structures. Moved by Harris, seconded by Reid, the amended ordinance relating to the undergrounding of public utilities, be given its first reading by title only. Vice Mayor Colburn stated all new structures should be required to have underground utilities unless the structure was in an area with all utilities overhead. Councilman Hogue said the amendment could create situations where new apartments with the utilities underground would be next door to units with utilities above ground; the Council should set the groundwork by requiring undergrounding of utilities for all dwellings and if it isn't feasible for the installation of utilities underground at this time, we accept a letter (the same as we do for curbs and sidewalks) stating at a future time if the surrounding area were to go under- ground they would not protest it and would go along with putting the utilities underground. Mayor Morgan inquired if the Planning Commission was working on a recommendation. Director of Planning Stockman said work was being done on it; she hoped to have results through working closely with the utility companies and the Public Utilities Commission. Motion carried, by the following vote, to -wit: Ayes: Harris, Reid, Morgan. Nays: Colburn, Hogue. 11/7/67 104 ORDINANCE NHS. , "An Ordinance of the City of National City, California, Relating to' Und re ground Utilities." VICE MAYOR COLBURN said he attended the 13th Annual Massing of the colors at Balboa Park on Sunday; National City was the only city ever represented with a City flag; Captain Dean Turner of the Police Reserves, Don Hove, Robert Strick and James Gorham were the color guards. Moved by Colburn, seconded by Hogue, a resolution be presented thanking those four men for their service and the recognition brou1ht to National City because of it. Carried by unanimous vote. Vice Mayor Colburn stated a.letter could be put in their jackets showing they had attended and represented National City well. COUNCILMAN REID asked City Manager Osburn to have the Traffic Engineer take a second look at 4th and Harbison and 2nd and Highland with regard to stop signs; there are too many youngsters crossing at 4th and Harbison and he thought it was unsafe. COUNCILMAN HOGUE stated he could not be at the joint meeting with the South Bay Irrigation District because of open house at his school; he would like to discuss one aspect of the proposed Joint Powers Agreement, Page 2: "...It should be noted at this point, although the City of National City retains 100% ownership of local wells the water produced by the local wells system must be contributed to the joint project. Another way of expressing this concept is to say that the South Bay Irrigation District has a right to 73% of the water produced by local wells; likewise, National City has a right to 27% of the water produced by wells outside of the City of National City. This process by which the local water supply will be accounted for is covered in later paragraphs of this contract; the fundamental concept involved is the water produced from any local wells shall be contributed by the local agency to the joint project..." Moved by Hogue, seconded by Colburn, this part of the Joint Powers Agreement be removed. Vice Mayor Colburn inquired when they had the joint meeting the following night, with this portion removed tonight, if they felt as a unanimous body at that time it would be to their best interest to put it back in, would that be Councilman Hogue's intention. Councilman Hogue stated probably his only campaign promise was the proposed purchase of the water company and he had been working on it for about three years; he understood that each agency would own its own properties within its own boundaries. Councilman Hogue said City Manager Osburn believed the water from the wells would constitute a large percentage of the total amount of water consumed in the City which would result in purchasing less water from the Colorado River which would lower our total water cost; the water taken from the Colorado River auld be metered at the dam; if the City owned the wells, there would be no point in metering the water as it would be supplemented with metered water from the dam. The Mayor asked Councilman Hogue to answer the Vice Mayor's question. Councilman Hogue said if the City gave part of its wells to the South Bay Irrigation District, he would be against the Joint Powers Agreement if it went to the people for a vote. Councilman Harris said he told the people in his campaign he would never vote to give up any part of the wells to an entity other than the City of National City; he would have to go along with Councilman Hogue on this by being against giving up the ownership of the wells or the water rights to them. Councilman Hogue said at the present time the well water is pumped directly into the water line and served the people of National City and the City could do this also; he inquired what percentage of the water is from those wells. City Manager Osburn said he didn't know exactly where the distribution system uses it; however, there are approximately 1500 acre feet a year from the wells; we use about 3,000 acre feet a year. Councilman Hogue said on Page 5 it says "...If the two agencies do not agree the proposer may proceed to acquire the construction or proposed improvement which shall then be owned solely by the improving agency. If the other agency then decides to use the improved facilities it must pay the rental by a share in the maintenance and operating expenses..." Councilman Hogue said if this is true, the difference in the size between the City of National City and the South Bay Irrigation District, they would have the power to put in any type of improvement that they wanted to and they would solely own this; he inquired if the City would 11/7/67 105 have to pay for any of that. City Attorney McLean said from time to time one or the other of the partners would have sane idea of how to operate the system; it might involve a new filtration plant or there might be a need for pumping facilities in the South Bay area; National City might have no interest in that feature of the system; the District would propose this new construction and the City having no interest in it would say they did not want any part of it; the Irrigation District would install it and own it; at a future date if the City thought it could benefit by the use of the facility, there is provision for the City coming in later and being charged far the use at a rental of 10% of the cost plus the City's share of the operation and mainten- ance. Councilman Hogue stated if they approved granting the South Hay Irrigation District a right to 73% of the water produced by National City, wells, it would give the water company good propaganda for getting the people to vote "no" on the purchase of the water company; we don't want to give them that advantage. Carried by unanimous vote. The HEARING ON THE PROPOSED VACATION AND CLOSING OF 13TH STREET, QUARTER SECTION 129 (Certificates caf Publication and City Engineer's Affidavit of Posting on file), was held at this time. City Clerk Minogue stated communi- cations were received from the California -American Water Company, Pacific Telephone and Telegraph Company and the San Diego Gas and Electric Company requesting vacation proceedings be held in abeyance pending the obtaining of necessary easements. Moved by Hogue, seconded by Harris, the hearing be continued for two weeks. Carried by unanimous vote. Mayor Morgan stated the hearing would be continued to November 21 at 8:00 p.m. MAYOR MORGAN stated National City was honored in having two ladies listed in Who's Who in American Women: Mrs. Ida Mae Kerr and Mrs. Edith Sherman. RESOLUTION NO. 9480, "RESOLUTION OF COMMENDATION TO IDA MAE KERR AND EDITH SHERMAN," was read in full. Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. MAYOR MORGAN presented a "Key to the City" to Mrs. George Waters in apprecia- tion for her design for the National City Flag. MAYOR MORGAN requested Council action to establish the policy that on all 1911 Acts there would be a hearing before someone designated by the City Manager prior to the hearing of intent to go ahead; he found that most people in National City do not understand the 1911 Act; when the City has an official hearing all they can protest is the price and the grade level. Vice Mayor Colburn inquired if it would be an education hearing. The Mayor said it would. Moved by Colburn, seconded by Reid, the Mayor's recommendation be approved. Vice Mayor Colburn said they would benefit if the hearing was explained to the people as an opportunity for questions and answers but there would be no protests at that time. City Manager Osburn asked if this would be after the City Manager's and Engineer's hearing under the Majority Protest Act of 1931 and prior to the Resolution of Intention. The Mayor said it would be before the Majority Protest hearing; it would be a program to acquaint the people with the proposed work under a 1911 Act. Carried by unanimous vote. MAYOR MORGAN said he talked to the --Federal people present at the groundbreak- ing of the Terminal in regard to buying water companies; he said they had money that could be obtained by the City as matching funds and asked the City Manager if he had checked into this. City Manager Osburn said he did a year or so ago and was told there was no money at that time. Councilman Hogue said the purchase of the water company would not cost the taxpayers anything because the bonds would be paid off by the excessive amount of revenue; it has been stated that even after lowering the rates 15% the revenue would be enough to pay the bonds off. Mayor Morgan said that was right; however, six million would cost so much interest a year and three million would cost so much less interest a year; a great savings if it were financed by three million dollars of matching funds and three million dollars in bonds. MAYOR MORGAN inquired if any present ordinance or an ordinance amendment could be adopted regarding new "Stop" signs which would permit the police to issue 11/7/67 106 warnings instead of a ticket to violators for a stated number of days. City Attorney McLean said going through "Stop" signs violates State law and the City Council has no authority to change that; if Council thinks the police are too vigorous in enforcing new "Stop" signs, the way to handle it would be to send a letter to the Chief of Police. Vice Mayor Colburn said instead of setting a policy of leniency on new "Stop" signs, he would suggest use of an additional large portable sign indicating a new "Stop" sign ahead. Councilman Hogue suggested it be publicized in the newspaper ahead of time. MAYOR MORGAN'S recommended committee appointments for the 200th Anniversary Celebration, was presented. Moved by Hogue, seconded by Reid, the Mayor's recommended appointments be approved. Carried by unanimous vote. REX WESTERFIELD, Western Director, Public Relations, John Birch Society, 2627 Mission Street, San Marino, was present. Councilman Hogue suggested since what Mr. Westerfield was about to say concerned him and the Mayor the rest of Council need not be exposed to it. Mr. Westerfield quoted Mayor Morgan's statements at the regular meeting of September 19; and requested the Mayor to either make public documentary proof from an official document of the John Birch Society documenting his statement or retract his statements with a public apology. MRS. DISCHERT was present and said she was in Assessment District No. 150; she would like to have the three resolutions pertaining to this district read; she wondered why the three resolutions were to be presented tonight because a resolution was passed at the last Council meeting. The Mayor said they would be read. E. H. ALSDORF, 2105 J Avenue, was present and said he was glad to hear them talk about stop signs; he has been urging installing one at 21st and J; he was also glad to see action taken on the 1911 Act; he complimented the City Clerk on her Annual Report and said a number of times he had been helped by her office; and(referring to a communication on the Agenda from the City Manager, Item 7, copy of E. H. Alsdorf letter to Alcoholic Beverage Control protesting application for sale of "On Sale Beer" license to tin. D. Peebles, 2333-2337 Highland Avenue), the application for the license has been withdrawn. L. T, DERR, 11011 Fuerte Drive, La Mesa, was present and said thousands of people owed the Council a debt of appreciation because each time they helped the Swap Meet solve one of their problems, thousands who used their facility were being helped. Mr. Derr said a short time ago the Council approved, with conditions, his application for a parking lot between D and F Street; one condition imposed gave the Council the right at the end of two years to re- view, add to, detract from or to close the parking lot. Mr. Derr inquired why they were being ordered to construct permanent 6' solid board fences on the rear property lines. Mayor Morgan said if Mr. Derr wanted to request a change he would have to make application through the Planning Commission. MILTON OGDEN, 1841 La Posada Street, was present and said he was recently offended by a neighbor's dumping of dog offal unto his property; the Municipal Code covers it only if dumped on a public place, a street, alley or some place of this nature; the Health Department said it was unlawful to leave it on your own property but they had no law that would protect him or anyone else. Moved by Colburn, seconded by Hogue, City Attorney McLean be authorized to bripg a report regarding the possibility of an ordinance covering the dumping of trash on other people's property. City Attorney McLean inquired if they wanted him to prepare a suggested Amendment. Vice Mayor Colburn said "yes." Carried by unanimous vote. CITY CLERK MINOGUE stated the next listed item on the Agenda was Adoption of Resolutions; she received too late for the Agenda a report from the City Manager and City Engineer relative to the three resolutions pertaining to Assessment District No. 150 and asked if the Council desired to have the report read or held over for the next Agenda. City Attorney McLean said he planned to ask that Item 7 be laid over. Mayor Morgan said the report would be presented then. 11/7/67 107 RESOLUTION NO. 9481, "RESOLUTION AUTTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND NATIONAL CITY eSWIM CLUB BBOOOSTERS,"aptwwas prphesentedisco, Moved by Colburn, seconded by Hogue, 2137 Grove, President of the Swim Club, was present and said the Agreement ls approved by hisr ct. Mayor AttorneyMorgan McLeanasked saidthere contractaprovidesfor clause in the contract. City Council. Mayor Morgan an annual review subject to the pleasure of the City recanmended a thirty day cancellation (for both parties) be put in intthemotion contract. Moved by Colburn, seconded by Hogue, it be they accept the contract as outlined and the resolution be passed as read by the City Attorney with the addition of a thirty -day cancellation clause. Carried by unanimous vote. RESOLUTION NO. 9482, "RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (R4PD to John Sedlack, National City Conva- lescent Hospital)," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9483, "RESOLUTION AMENDING RESOLUTIONNO.9446,ACCEPby TINGurnWOORK ?OR SOUTHLAND INDUSTRIAL PARK UNIT NO. 1," was presented. 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 Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN stated the next resolution accepts conveyance of real property from the Bart Corporation and the resolution following that dedicates the same for a public street. Moved by Hogue, seconded by Reid, the reading of the following two resolutions be waived and they be adopted by reading of the titles only. Carried by unanimous vote. RESOLUTION NO. 9484, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Bart Corporation)." Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9485, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREEgue, PURPOSES (28th Street and "A" Avenue)." Moved by Harris, seconded by the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9486, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'BRITTON ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO," was presented. Moved by Harris, 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 Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN stated in referring to Item 7 under "Adoption of Resolu- tions, he would advise they be laid over for at least a week. Moved by Hogue, seconded by Harris, the City Attorney's recommendation be approved. Carried by unanimous vote. CITY ATTORNEY McLEAN stated the next resolution referred to a. Freeway Agreement for Highway 805. Moved by Harris, the resolution be read by title only. David S. Shepherd (Design Engineer, Division of Highways), 4075 Taylor Street, San Diego, was present and said he was there to answer any questions regarding the freeway agreements. City Attorney McLean stated the first resolution authorized the execution of a freeway agreement relating to Highway'805; there is another resolution on the Agenda which relates to State Highway Route 252. Vice Mayor Colburn asked for an explanation of why 12th Street couldn't become part of the on -ramp at Plaza and 805. Mr. Shepherd said there were several reasons the project engineers would object: the primary reason is that it is undesirable geometrically to hook one ramp into another ramp 11/7/67 108 (although there was one at 8th Street where 7th Street comes in didn't mean it was the way they like to do it); it creates confusion and congestion to the main flow of traffic on the ramp/ there is a grade problem as Plaza. Boulevard is below the Freeway and the ramp has to climb up hill, 12th Street at the intersection of Paradise (which is the point where you desire to start your secondary ramp) is also above Plaza Boulevard but not as high as the Freeway; people using the primary ramp would have to look up and try to blend with somebody coming from their right and at the same time get rid of the blend with the Freeway on their left which is an unsafe condition. Vice Mayor Colburn inquired if Mr. Shepherd had anything to do with landscap- ing. Mr. Shepherd said the landscaping would be done, not with the primary contract but subsequent to the contract; as a function of the primary contract there would be soil erosion protection. Mr. Shepherd said they were advised the City would like to have Plaza Boulevard wider between the intersection of Paradise and the primary ramp; they have investigated and find they can do that. (Councilman Harris left the Council Chambers.) Mr. Shepherd dis- played a map and stated they preferred the route marked in brown; however, they would do whatever the City prefers as to the alignment of the Paradise extended. Mayor Morgan asked if the Freeway Agreement was signed would there be any assurance the brown route would be included; the map attached to the Agreement showed the yellow route. Mr. Shepherd said if they signed the Freeway Agreement they would get the route shown on the attached map. Mayor Morgan asked if they would get the extra lane. Mr. Shepherd said (Councilman Harris returned to the Council Chambers) they would get the extra lane anyway. City Attorney McLean said the map attached would be as much a part of the contract as Paragraph III; if the map attached to the Agreement did not show the freeway design the Council wants, they shouldn't adopt the agreement. Moved by Hogue, seconded by Reid, it be tabled until they cculd see a map showing this. City Attorney McLean said if they wanted to save time they could authorize the Mayor to execute the agreement with the provision the agreement would not be signed until a map showing the alignment in brown was received. Vice Mayor Colburn said he would make such a motion. The Mayor said there was a motion on the floor. Councilman Reid said he would remove his second but he wanted to see that map. Moved by Colburn, the resolution be adopted and the Mayor be authorized t o sign the agreement so long as the proper map is attached to the agreement showing the route the Council adopted at a previous Council meeting which was indicated as a brown line. Mayor Morgan said the motion was out of order because there was a motion on the floor. Vice Mayor Colburn said he thought the second had withdrawn. The Mayor said it had not been withdrawn. Councilman Reid said he wanted to see that map. Motion carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. Mayor Morgan said if the Engineer would get them a map and bring it to Council they would try to pass the free- way agreement at the next meeting. City Engineer Foster asked if they would like to discuss State Highway 252 while Mr. Shepherd was present. RESOLUTION NO. 9487, "RESOLUTION AUTHORIZING EXECUTION OF FREEWAY AGREEMENT (State Highway Route 252)," 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. Mr. Shepherd said he did not have a map but there will be an interchange between the two freeways. Mayor Morgan inquired if you could get on and off this freeway to go south and north. Mr. Shepherd said this was the case. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $24,013.97 Traffic Safety 767.58 Park 562.47 Special Streets 612.73 Sewer 1,507.22 Civic Center 67.06 T OTAL $27,531.03 11/7/67 109 Moved by Hogue, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $66,013.27 was presented. Moved by Colburn, seconded by Reid, 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. The following communications were presented: (1) DIVISION OF HIGHWAYS to City Manager Osburn in regard to tentative freeway agreement on Route 252 between 0.1 miles northwest of Route 805 at Division Street and Route 805; and on Route 805 between 4th Street and 0.1 mile north of Division Street, (2) DIVISION OF HIGHWAYS to City Manager Osborn in regard to freeway agreement (805) between 0.1 mile south of Sweetwater Road and 4th Street, (3) BOARD OF SUPERVISORS to the County Engineer in regard to requesting amendment to the freeway agreement for Interstate Route 805 to provide an interchange at Sweetwater Road and (4) DIVISION OF HIGHWAYS to City Engineer Foster in regard to north bound on -ramp Route 805 at Plaza Boulevard. Ordered filed by unanimous vote. The result of the opening of sealed bids for the PLAZA BOULEVARD EMBANKMENT and the City Engineer's recommendation contract be awarded to the South Bay Demolition and Excavating Company, were presented. City Manager Osburn stated one bid only was received in the amount of $3,906.96 and recommended it be awarded to the South Bay Demolition and Excavating Company. Moved by Reid, seconded by Harris, the City Engineer's and City Manager's recommendations be approved. Councilman Hogue 'stated they would create a traffic problem; at the corner of 8th and Plaza the hill protrudes out into the lane; if the traffic is brought down Plaza and poured into the corner at Plaza and 8th there will be a problem. City Engineer Foster said it would increase the traffic problem. Councilman Hogue said they had better try to get something done about the corner which is County property by getting them to cut the hill back. Mayor Morgan asked the City Manager to check with the County to see if they would do the portion of that before the '68-'69 budget; it is budgeted for the '68-'69 budget which would be a year away; perhaps they would cut the bank back now. Carried by unanimous vote. RESOLUTION NO. 9488, "RESOLUTION OF AWARD OF CONTRACT (Embankment on Plaza Boulevard from Harbison Avenue to Terry Park Subdivision, Specification No. 725)," was presented. Moved by Harris, seconded by Colburn, 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 unanimous vote. The result of the opening of sealed bids for the IMPROVEMENT OF NATIONAL AVENUE FROM DIVISION STREET TO 6TH STREET, was presented. City Manager Osburn stated five bids were received; T. B. Penick was the low bidder ($60,789.80); he recommended they proceed with the project. Moved by Harris, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. RESOLUTION NO. 9489, "RESOLUTION OF AWARD OF CONTRACT (National Avenue, Division to 6th Street, Specification No. 724)," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. A communication from POLICE CHIEF CAGLE stating the City Attorney recommended rejecting all bids for eleven police vehicles and to solicit new bids at a later date, was presented. Moved by Harris, sec aided by Hogue, the recommen- dation of the City Attorney be approved. City Manager Osborn stated the difference between the low bid and the next low bid was around $3,000.00; the low bid had conditions they could not approve; the City could probably save 11/7/67 110 money by going to bid again. Carried by unanimous vote. FIRE CHIEF BAILEY'S recommendation the 1250 gpm pumper for the Fire Department be awarded to the American La France Corporation, low bidder, and the City Manager's recommendations the American La France Corporation bid be accepted and all others rejected, financing through the Bank of America over a three year period, were presented. Moved by Hogue, seconded by Harris, the City Manager's recommendations be _approved. Carried by unanimous vote. RESOLUTION NO. 9490, "RESOLUTION ACCEPTING BID FOR PURCHASE OF A 1250 GPM PUMPER FOR THE FIRE DEPARTMENT," was presented. Moved by Harris, 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 Harris, the Resolution be adopted. Carried by unanimous vote. A communication from BAYLY, MARTIN & FAY in regard to renewal of the City's Comprehensive General Liability policy and the City Manager's recommendation to accept a three year no deductable policy and to take Excess Insurance at the annual rate were presented. City Manager Osburn said he would change his recommendation to accept the three year policy but to hold the Excess policy for recommendation at a later date. Moved by Harris, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from SAN DIEGO CITY MANAGER WALTER HA.HN, JR. in regard to the improvement of Cervantes Avenue between Euclid and Paradise Road along the City boundary between National City and San Diego, was presented. Moved by Hogue, seconded by Reid, they honor San Diego City's request and participate in this project as they have requested. City Manager Osburn recommended they go along with it providing the City Attorney considers it a legal expense; it would be taken out of the Special Street Fund. Vice Mayor Colhurn said when they sent them the letter of agreement or whatever it takes, could they put a word in regarding any other possible street improvements that border the two cities and inquired about Mariposa Street. City Manager Osburn said so far as he knew Mariposa was the only street; San Diego is working on Rachael Avenue from 20th Street south under a 1911 Act and Delta Street from Highland to Palm under a 1911 Act. City Engineer Foster said he contacted the San Diego City Engineer's office who said they talked to the property owners on Mariposa Street and were unable to get any of the National City people to sign it so they dropped it. Carried by unanimous vote. A communication from C. A. LARSEN CONSTRUCTION COMPANY requesting issuance of a special permit to construct 80' of continuous driveway on the 26th Street side of the Charles H. Bacon property, was presented. Moved by Harris, seconded by Reid, the request be granted. City Manager Osburn said he recommended the request be approved. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to the deposit of funds from the Bacon escrow (portion required for payment of street improvements deposited in the Special Street Fund), was presented. Moved by Hogue, seconded by Harris, it be approved and filed. Carried by unanimous vote. A communication from the S & A Investment Company agreeing to an adjusted sale price of Parcel 2 to include the installation of street improvements along A Avenue and requesting the City act on the offer to purchase Parcel 1 prior to street improvement on A Avenue so that a complete job of improving A Avenue from 28th to 30th Streets could be done at one time, was presented. City Manager Osburn recommended the City do the street from 28th to 29th on the east side on the parcel of land Mr. Stanley just purchased and include the curbs, gutters and sidewalks on the westerly side of A Avenue between 28th, 29th and 30th and if at the time this is ready to go with the parcel that has been sold to Mr. Stanley they include that in the project; the Webster Property, Bacon Property and Stanley Property which can all go under one project. Moved by Harris, seconded by Reid, the City Manager's recommen- dation be approved. Carried by unanimous vote. 11/7/67 111 A communication from CITY MANAGER OSBURN in regard to the Webster real estate sale, was presented. Moved by Colburn, seconded by Harris, it be approved. Councilman Hogue stated this would leave them open for sale of City land for speculation. Vice Mayor Colburn said they had sold other properties where only a portion was to be developed, the remainder to be developed at a later date and with no stipulation that they could not sell it; it was reasonable to modify the agreement. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. An application for Person to Person Transfer On -Sale Beer License by FLORENCE M. GALOPIN, DBA GALOPIN INN, 2320 Highland Avenue (transfer necessary because of the death of Mr. Norman J. Galopin), was presented. Moved by Harris, seconded by Colburn, the application be filed. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. The recommendation of the BOARD OF DIRECTORS, CHAMBER CF COMMERCE, that a City park or the new proposed industrial park be named in honor of E. J. Christman and stating the Chamber is establishing an annual "E. J. Christman Membership Award," was presented. Moved by Colburn, seconded by Hogue, the communication be turned over to the City Manager and he be encouraged to consider the industrial park being named in honor of E. J. Christman. Carried by unanimous vote. The request of the SALVATION ARMY for permission to place "Christmas Kettles" in National City and the City Treasurer's recommendation of approval, were presented. Moved by Hogue, seconded by Harris, the request be approved. Carried by unanimous vote. The request of GEORGE W. ROBINSON for refund of a $5.00 building permit fee and the Director of Building and Housing's recommendation it be granted, was presented. Moved by Harris, seconded by Reid, the recommendation be approved. Carried by unanimous vote. A communication from POLICE CHIEF CAGLE in regard to Boy Scout Law Enforcement Explorers' Post sponsored by the National City Police Department, was pre- sented. City Manager Osborn said they were requesting official recognition of their sponsorship of the Law Enforcement Explorers Post. Moved by Harris, seconded by Colburn, the National City Police Department's sponsorship be recognized and sanctioned. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to the Sister City Committee attendance at the First Annual National Conference of the Town Affiliation Association, was presented. Moved by Hogue, seconded by Reid, the request be granted. Carried by unanimous vote. A communication from FIRE CAPTAIN EMERSON JAY CAMBLIN requesting permission to hold over for sixty days his earned 1966-67 vacation and to combine it with earned 1967-68 vacation in order to visit his son attending the University of Berlin; and the Fire Chief's recommendation of approval, were presented. Moved by Colburn, seconded by Harris, the City Manager be author- ized to approve this and take necessary steps in allowing this by resolution or ordinance (or whatever is necessary) and even though this may seem to set a Precedent, each and every request like this would have to come before the Council before it could be honored. Carried by unanimous vote. The resignation of POLICE CLERK -TRANSCRIBER MARY E. DRAKE, effective October 27, and the Police Chief's recommendation of acceptance, were pre- sented. Moved by Hogue, seconded by Harris, the resignation be accepted. Carried by unanimous vote. The Minutes of the LIBRARY BARD OF TRUSTEES meeting of November 1, were pre- sented. Ordered filed by unanimous vote. CITY MANAGER OSBURN'S request for permission to present a twenty minute film relating to a trash shredding machine at the conclusion of the Council meeting 11/7/67 112 and requesting the Planning Commission to show it at the end of their meeting on Monday, November 13, was presented. Moved by Reid, seconded by Colburn, the request be granted. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to ten items to be filed with the City Clerk (no Council action necessary): (1) Letter dated September. 30, 1967 from the San Diego County Water Authority to the Board of Directors, San Diego County Water Authority (2) Minutes, October 3 meeting of the Board of Directors, South Bay Irrigation District (3) Minutes, October 24 Adjourned Meeting, Board of Directors, South Bay Irrigation District (4) Financial Report, San Diego County Water Authority, year ending June 30, 1967 (5) Letter and attachment, dated October 4, 1967, from the Security First National Bank, regarding Escrow No. 430-788 (Continana Corporation) (6) Notice of Public Hearing, Regional General Plan San Diego County 1990, from the Clerk of the Board of Supervisors, adopted October 24, 1967 (7) Copy of E. H. Alsdorf's letter to the Alcoholic Beverage Control protesting the application for sale of "On Sale Beer" license to William D. Peebles, 2333-2337 Highland Avenue (8) Copy of agreement between the City of National City and Cooperative Personnel Services, dated August 8, 1967 (9) Binder for Casualty Insurance from Commercial Union Insurance Group, dated October 5, 1967, covering all operations of the City including Fire and Theft on municipal vehicles (10) Agenda from the Board of Port Commissioners, San Diego Unified Port District, dated October 17, 1967, were presented. Communications acknowledging receipt of Resolution No. 9461 (narcotics) from STATE SENATOR JAMES R. MILLS and from the U. S. DEPARTMENT OF STATE, were presented. Ordered filed by unanimous vote. A communication from the law offices of HIGGS, JENNINGS, FLETCHER & MACK enclosing schedules of taxi cab rates for the following companies: Carnation Cab, City Cab, Diamond Cab, Radio Cab and San Diego Yellow Cabs, was presented. Ordered filed by unanimous vote. A copy of a communication from the SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY to the Public Utilities Commission stating the industry spur track on their main line crossing Coolidge Avenue was completed and placed in service on November 1, was presented. Ordered filed by unanimous vote. CITY ENGINEER FOSTER presented some pictures and charts showing the problems in widening 8th Street between K and L and recommended that the present 52' width between curbs be maintained and parking be prohibited between K and L. Moved by Hogue, seconded by Harris, th4City Engineer's recommendation be approved. Carried by unanimous vote. Councilman Harris inquired as to pro- gress in regard to 8th Street. City Engineer Foster said the field work was being done. The PLANNING COMMISSION recommendation to continue the waiver of installation of curbs, gutters and sidewalks at 504 S Avenue for an indefinite period of time, was presented. Moved by Harris, seconded by Reid, the Planning Commission's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read her report of November 1, 1967 stating the Planning Commission held a public hearing on an Application for Zone Variance No. Z46 requesting permission to split a lot known as 1025 N Avenue with one of the proposed lots maintaining a 20 foot frontage on a dedicated street and recommended the report be received and placed on the Agenda of November 28 for final determination of the City Council. Moved by Colburn, seconded by Harris, the City Planner's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN read his recommendation (in regard to police towing and storage of wrecked vehicles) the ordinance proposed by the City Planner to provide for Interim Zoning Establishing the Criteria for Storage and/or Impounding of Wrecked Automobiles be adopted to provide the means by which a police storage yard could be established; and following adoption of the 11/7/67 113 parties be solicited. proposed zoning ordinance, the bids ofha Ciiinterested 's rbe solic to ationbe Moved by Hogue, seconded by Colburn, approved. City Attorney McLean said the proposed ordinance could solve the that is qualified problem, it would provide that a towing company is otherwise be granteda a and selected by the City to do the police impounding conditional use permit by the Planning Commission for the life of the contract to tow cars; the Planning Commission would review the proposed location (within M-4 zone only) to determine if it was compatible wirhvother adverse industriesand to require the installation fesry sce reening oto olpree preventntrmit rseld require on adjacent industrial fif properties; and landscaping now required for other story a the installation of fencing ordinance storage yards in the industrial zones. ado lion of the proposedgzoningif the City Manager's statement, following p wouldn that the bids of all interested parties be solicited," meant the City be going to bid again. City Attorney McLean said there never was an award of contract; qualified people would leave their presentation aniinancandoothers who feel they would be now qualified would submit their q was not like regular bidding where yotake biddifor nso many deadline; days and; cut t it off and make a decision on those peoplegot inunder nor thedde all the facts would be up to the Chief of Police and City Mneroho handling of this and make recommendations. CouncilmanReid protestedror had the handlin and icussed matter and said something was wrong; waspresent for over four months. Roger Maurais, American Towing Company, and said the 1959 oothernce personforbids who could hestowage author authorized wrecked doautomobiles would only withinthe City; the only be towing for police; all other towing companies would not be able trun'ssome ore in the City. City Attorney McLean said that was not necessarily people have pre-existing rights (that existed before the adoption of the zoning ordinance) to store wrecked Vehicles;thswouldtfe ct them; there are people withthe legalright to id cars who could have bid but they didn't. ctor o Planning Stockman said this matter a hr onnionwhen the Chief ofPolicesent theetwo namesto herfor approval ofzoning; it was taken to the Planning Commission for their int�op=guidrance on handling it; the Planning Commission asked City Council only on how they wanted to proceed in the future with storage of automobile has not ecPlanning lanningtthe Chief of Commission wantsltoeknow fromathedfor Councilat how theyal as yet; want this the Pl 9 Councilman Harris said handled and how to go about amending the ordinance. fault gets shut it was evenot y time it is presented on theught Agenda; he and didn't know whose to know fault it was, but it was not by the following what he was voting on before he voted. Mo ontiion cccarried,. Nays:yit, Rfoli vote, to -wit: Ayes: Colburn, Hogue, Moved by Harris, seconded by Colburn, the meetin be ad'ourned to November 8 196727:30 p.m. Motion to adjourn carried by unanimous vote. Meeting adjourns( at 10:05 p.m. ATTEST: CITY CLERK MAYOR, CITY OF/NATIONAL CITY, CALIFORNIA 11/7/67