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HomeMy WebLinkAbout1966 12-06 CC MIN(.yr 80 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 6, 1966 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. Council members present: Harris, Hogue, Reid, Morgan. Council members absent: Colburn. 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 E. H. Alsdorf, 2105 J Avenue. MAYOR MORGAN presented Emilio Lucero, Public Works Department, with a Certificate of Appreciation and a "Key to the City" for the splendid work he has done for the City, not just for doing his job but the preparation of food for the thousands of people who attend the Navy Barbecue during Salute to the Navy Week. Vice Mayor Colburn arrived and took his place at the meeting. CITY CLERK MINOGUE asked for approval of additions to the Agenda: Prior to the reading of ordinance on business license consideration of Item 10 under New Business; A communication from the Acting Librarian added as New Business Item 22; the City Engineer be listed under reports; the ordinance for wholesale zoning under the Adoption of Ordinances should be under introduction. Moved by Hogue, seconded by Harris, the minutes of the regular meeting of November 22nd be approved and the corrections to the Agenda also be approved. Carried by unanimous vote. RESOLUTION NO. 9253, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Wallin and Valdivia)," was presented. Moved by Colburn, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9254, "RESOLUTION AUTHORIZING EXECUTION OF EASEMENT (Kelco Company)," was presented. Moved by Colburn, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9255, "RESOLUTION AUTHORIZING PAYMENT OF JUDGMENT (Sec- urity First National Bank)," was presented. Moved by Hogue, 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 Reid, seconded by Colburn, the Resolution be adopted; Carried by unanimous vote. RESOLUTION NO. 9256, "RESOLUTION AUTHORIZING SAN DIEGO COUNTY HEALTH OFFICERS TO ENFORCE NATIONAL CITY ORDINANCE 1138," was presented. Moved by Colburn, seconded by Harris, the reading of the ritspl tJ on 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. 12/6/66 81 RESOLUTION NO. 9257, "RESOLUTION DESIGNATING INDIVIDUALS AUTHORIZED TO EXECUTE MATCHING FUND APPLICATIONS AND CLAIMS," 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 Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9258, "RESOLUTION AUTHORIZING PURCHASE OF PROPERTY IN COMPROMISE OF CONDEMNATION (24th Street)," 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 Colburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9259, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY REQUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA: AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE: AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS: AND DIRECTING THE CITY ATTORNEY OF THE CITY OF NATIONAL CITY TO COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIF- ORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (24th Street)," was presented. Moved by Hogue, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9260, "RESOLUTION DIRECTING CITY CLERK TO ISSUE A WARRANT FOR CONDEMNATION (Kaesser)," was presented. Moved by Hogue, seconded by Harris, the reading of the resolution be waj ved and 't 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. 9261, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE CALIFORNIA HIGHWAY COMMISSION TO GRANT A NEW PUBLIC ROAD CONNECTION TO ROUTE 5 AT ITS INTERSECTION WITH ROUTE 54," 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. RESOLUTION NO. 9262, "RESOLUTION WAIVING REQUIREMENT FOR DEDICATION OF STREET AND INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS," was presented. Moved by Colburn, seconded by Reid, the reading of theresolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Harris,, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9263, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (I7th Street from "J" to "L", Assessment District No. I52,City Manager and City Engineer's Hearing 8:00 p.m. January 16)" was presented. Moved by Colburn, seconded by Harris, the reading df the resolution be waived and_it be adopted by reading of the title only. Carried by unan- imous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be ;adopted. Carried by unanimous vote. 12/6/66 82 CITY MANAGER OSBURN'S communication in regard to study of Business License Tax and ORDINANCE NO. "An ordinance adding business license section to the Municipal Code"were presented; the ardinance for first reading. Councilman Hogue stated he researched vending, coin, slot and music machines and found the rates were set in 1941 at $3.00 per quarter; last year he suggested since the charge for playing a record was doubled, the license fee should be increased; neighboring cities charge as much as $10.00 per quarter for each machine and if other licenses are increased, the fees for Machines should be raised.at the same time. City Manager Osburn stated the •s.t.t.idy was made approximately a year ago;. if the Council feels $10.00 is reasonable, it is well within the limits because there are cities that charge more. Councilman Harris inquired if the Council were to adopt this how much would it increase revenue from all licenses. City Manager Osburn replied the estimated total revenue would be 10 - 15,000 dollars a year. The City Attorney said if .� there were to be changes in the tax structures itself the Council should agree and those changes made before the reading of the ordinance; the rates are the essence of the ordinance. Moved by Hogue, seconded by Harris, taxes on machines, especially for coin, slot, vending and music machines, be changed to $10.00 per quarter per machine. Vice Mayor Colburn asked if the motion couldn't be taken off the floor and any or all changes be considered all at once. Motion and second withdrawn. Councilman Hogue reported the license for the Swap Meet was now suggest- ed to be $2,000.00 per year instead of the $500.00 previously charged; no other businesses were within a fraction of that cost for a license; a business making over a million dollars a year in gross sales has a license fee of $200.00 a year. The Mayor said the Swap Meet averages 191 businesses a year; swap meets in and around Los Angeles pay $5,000.0C for license. The Mayor said he called Mr. Derr (owner of the Swap Meet) who said he would not object to $2,000.00 as it was in line with swap meets all over the country. Councilman Hogue stated the South Bay Plaza has'a similar type of business in that they rent stores to other people, and inquired if they were charged $2,000.00 for a license fee. City Manager Osburn replied that we did not charge the association; however, the total combined business licenses sold to merchants in the Plaza is probably well over $2,000.00. A discussion of the term "transient merchant" followed. Councilman Hogue inquired if the term applied to businesses at the swap meet. The City Attorney said the purport of the ordinance was to levy a tax on se -called transient merchants; for example a person who would sell flowers on a vacant lot for one or two days then close up shop and move on, but he supposed you could say a person selling at a swap meet is a transient merchant. Councilman Hogue said the Council would have to agree on the definition of "transient merchant". Vice Mayor Colburn suggested the Council continue with the licenses fees and instruct the City Attorney to include in the ordinance that people selling in swap meets are not considered transient merchants and not to be charged a City License as long as a license is paid by the swap meet owner. The City Attorney said he could do that. Moved by Harris, seconded by Colburn, that the Council adopt the ordinance with Vice Mayor Colburn's provision on transient merchant and with the corrections and/or additions Mr. Hogue made under the machine fees. The Mayor asked if Councilman Harris would. include in his motion the first reading of the ordinance be by title only. Included in motion and second. Councilman Hogue said vehicles such as ice cream trucks, retail vehicles, etc., pay a tax and asked if each of the trash trucks pays a tax. City Manager Osburn said the {company paid a franchise. Mayor Morgan said the trash Company pays 2, of gross receipts to the City and that covers anything that could be added on in the way of license. Earl Crawford, 1104 Roosevelt Ave., was present and stated ambulances have to pay tax to the State based on actual mileage in County areas over and above the City license fees. Carried by unanimous vote. 12/6/66 83 ORDINANCE NO. "An ordinance for the City of National City adding Chapters 21, 22, 23 and 24 to the Municipal Code -Business License fees", Earl Crawford, 1104 Roosevelt, was present and said relative to license fees, he pays a business license for his detective business; there Is also a $5.00 fee for each patrolman's license which is ridiculous the City of San Diego did away with that fee; Chula Vista charges one dollar he is licensed under the State and has to pay Interstate Commerce and he couldn't see where he shouid come into this thing at all as a private investigator; out of town people with no office in the City do not pay the basic fee and a patrolman's license does not cost one dime more than his; there was no protection for the local businessman under the present ordinance. ORDINANCE NO "An ordinance adopting a uniform plumbing code 1964 edition," was presented for the first reading. Moved by Colburn, seconded by Harris, the first reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. THE HEARING ON THE INTENTION TO VACATE AND CLOSE A PORTION OF TAFT AVENUE (RESOLUTION 9233), was held at this time. City Clerk Minogue stated she had the Certificate of Publication and the City Engineer's Affidavit of Posting; she received no protests; Director of Planning Stockman read the Planning Commission's recommendation to approve the vacation of Taft Avenue between Itth Street and 12th Street 70 feet east of Taft Avenue with stipulations incorporated within the Resolution of Vacation reserving unto the City an easement for drainage, sewer and embankment purposes, over under and along the entire parcels, 12th Street west of the Easterly line of Taft Avenue to remaIn open for ingress and egress. Moved by Harris, seconded by Reid, this hearing be closed and referred to the City Attorney for further processing. Carried by unanimous vote. RESOLUTION NO. 9264, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTIONS OF TAFT AVENUE," was presented. Moved by Colburn, seconded by Harris, the read1nq of the resolution be waived and it be adopted by reading of the title only. Carrie4 by unanimous vote. The title was read. Moved by Coburn, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. THE HEARING ON THE PROPOSED AMENDMENT TO ORDINANCE NO, 962, Zoning Ordinance (exemption or deferral of curbs, gutters, and sidewalks), was held at this time. City Clerk Minogue stated she had the Certif- icate of Publication and the Notice of gearing; she received no protests. Director of Planning Stockman said it was the recommendation of the Planning Commission that the proposed ordinance be submitted to the City Council for adoption. Mrs. Robert Richards, 1411 E. I6th Street, was present and said waivers were granted on 16th Street subject to installation of 1911 Act improvement; the Improvement is complete but not all the property has sidewalks; something should be put in there; there are a lot of people who want their sidewalks in. The Mayor said it was a real problem; if the sidewalks and curbs were waived pending a 1911 Act, it was not fair to just let them put In curbs. City Engineer Foster said it would be helpful to his office, If the Council sees fit, to set the policy that in a 1911 Act sidewalks be installed unless it is specifically waived for some reason. Council- man Hogue suggested that Mrs. Richards give the locations. Mrs. Richards said there were two onthe corner of Palm and 16th. The City Attorney said the Ordinance provides ' the Council may require the applicant for the deferral of Installations to post a bond of an amount which is 12/6/66 84 110% of the City Engineer's estimate of the cost:,of the work, the 10% to cover inflation. Moved by Colburn, seconded by ,Reid, the hearing be closed and referred to the City. Attorney for further processing. Carried by unanimous vote. THE HEARING ON THE PROPOSED -ESTABLISHMENT OF ZONiNG for Lincoln Court Annexation as R-4, was heid at this timme. City Clerk Minogue stated she has the Certificate of Publication and has received no protests. ,Director of Planning Stockman reported she was instructed by the ,Planning Commission to forward the establishment of zoning on the Lincoln Court, Annexation to the City Council; the Commission vote on zoning tied. Tom Leonard, 2724 Lincoln Court, was present and said the first time the Planning Commission took this under consideration there was no protest under the R-4 zoning which was proposed, he and another owner requested the R-4 but the , Planning Cotnmi ssI on decided on R- I even though there were no protests; he pointed out to the Councilmen and the Planning_; Commission that there are R-4 buildings existing in Lincoln Court. Mr. Leonard said his property was 70,000 sq. ft. which could take care of quite a<'few people -under R-4 zoning; he has no plans for development; even if the Council decided on R-I, the existing buildings couldn't be changed; the whole thing would have to be torn down and rebuilt to make an R-I` community; the land would not be salable as R-I. Mr. Leonard circulated a petition along the street and I00% of those asked wanted R-4, or 66 2/3%'of the property on the street Councilman Hogue asked if the General Plan recommended R-F or R-4 for the area. Director of Planning Stockman said low density was recommende (so many to the acre, one and two-family).: Councilman Harris stated there was no doubt R-4 zoning would be more valuable to the people and the City and everyone concerned and he would be in favor of the R-4 zoning, Moved by Colburn, seconded by Harris, the hearing be c and R-4-P-D, Residential Planned Development Zoning be established. Carried by unanimous vote. ORDINANCE NO. "An ordinance amending Ordinance 962, Zoning Ordinance of the City of National City (4th and Highland), was presentec for the first reading,' Moved by Colburn, seconded: by Reid, the first reading of the Ordinance be by title. only. Carried by unanimous vote. The title was read. CITY .ATi"ORN_ Y ,MC LEAS. ;reported the escrow for the sale of the City lands to Wescott Motors cussed this week and the City received a check for $29,806.9.5i MAYOR MORGAN recommended the appointment of Jessse Ramirez, 329 W. I4th Street,: to fjli the vacancy on the Planntng-ComMVsSiode. Moved by Hogue, seconded by Harris, the appointment be approved.. Carried by unanimous vote. MAYOR MORGAN reported the City Manager and he were Lnvited by Clint McKinnon to meet with the transit committee; there was some trouble getting matching funds; whether ornot they get matching funds, they plan to go ahead, get other money and buy the transit system and also buy a new fleet of buses. MAYOR MORGAN stated several months ago he appointed Councilman Reid to review the Civil Service classifications andhe came back with two recommendations: maintenance man title be changed to Equipment Operator and Bobbie Bussey's title be changed to Assistant Purchasing Agent; this was before us two times and was referred to the Civil Service Commission; they have never sent us a recommendation. The City Manager said the recommendation in 'regard to Mrs. Bussey went back to the Civil Service Commission a week or so ago and he didn't think they had e meeting since; he didn't recall the other item coming through hi.m at all; it would probably be before the Civil Service Commission at their next meeting. 12/6/66 85 COUNCILMAN REiD said he attended a couplee of meetings with the City Manager and would like to report: at the Civil Defense meeting the main topic was in regard to a study on nuclear fallout and bomb shelters which study would take approximately three months? the entire cost to be paid by the federal government; at a transit meeting headed by Cecil Sperling the main topic was the appointment of a by-laws Committee 0 few people were worried about too much power in some hands. Council- man Reid requested City Manager Osburn to distribute copies of the minutes of both meetings (when received) to each member of the Council. COUNCILMAN REID said a newspaper item said the Navy would be asked by the Buffer Zone Committee to move a building with fifty-five employees; he wanted to be on record as opposing asking thern to move the building; it could be improved with beautification or a few shrubs. MRS. DORIS JEAN MONTGOMERY, 3040 Baker Place, was present and requested permission to de -annex from National City and annex to the County; she was promised that she would be on the sewer in six months and is not on sewer yet. Mayor Morgan recommended Mrs. Montgomery's request be referred to the Planning Commission for study and report, Director of Planning Stockman inquired if it could be referred to the. City Attorney for interpretation, Mayor Morgan said he would include that in his recommendation. Moved by Harris, seconded by Reid, the Mayor's recommendation be approved. Carried by unanimous vote. RUBEN RUBIO, 1729 Cleveland Avenue, was present and said he heard there was a place on National (between 7th and 8th) with a coin machine showing pictures of naked women and asked if that type machine was included in the motion on vending machines. Councilman Hogue said there were three different areas he was referring to: coin slot machine: music machines, and vending machines; the coin in a slot machine would be what Mr. Rubio was referring to, The Mayor asked the City Attorney if there were any rules in regard to magazine stores where questionable books can be seen from the street. The City Attorney said basically the matter of obscenity (whether a movie, a television or radio program) is regulated by State law. Mayor Morgan asked him to check with the District Attorney and let the Council know what the City can do. The City Attorney said a report from the Chief of Police on that subject was on the Agenda; it deals with what they are doing as far as the movies are concerned. Councilman Hogue said stores displaying srioh magazines and newspapers near the doorway where the children could be exposed to them, should be required to place them in an area where children wouldn't see them. The City Attorney said he would include it in his report but he felt they were going to be disappointed because the State has occupied the field with regulation of obscene publications E. H. ALSDORF, 2105 J Avenue, was present and distributed empty beer cans and carton to the Council; he found then on his property; every morning he picks up papers and cups thrown from passing cars. Mr. Alsdorf said the Council declared there was e saturated area in which no new liquor licenses would begranted; recently a new one was granted in that saturated district; he protested and is ;still protesting it on the basis that it is in that saturated district. EARL CRAWFORD, 1104 Roosevelt, was present and asked if the business ,license had been raised for ambulances; would the $10J10fee, $I5,00, $12..50 remain the same. Also had anything been done to protect the local businessman against outside operations, Chula Vista has a fee set for 12/6/66 136 outside business and so do several other neighboring cities. Mr. Crawford said he has been informed National City Policemen are in competition with him in their off -duty hours; he pays a license for a private patrol service; and asked if the policemen have to pay for a license too. CONSUELO RUBIO, 1729 Cleveland Avenue, (Chairman of the Sister City Committee) was present and invited the Council to attend Operation Santa Claus, a party for the children of Tanama, a rural school in Tecate on Sunday, December 18th; the party will be leaving at 9:00 A.M. crossing 'the Tecate Border at 11:00 A.M. Mrs. Rubio thanked the Council for their assistance in the work of the Committee. MRS. ROBERT RICHARDS read an article consisting of driving problems in early times. EDDIE R. LYNCH, 25 W. 5th Street, was present, and asked what had been done in regard to his request the minimum age in the tattoo ordinance be changed from 21 to 18 years. The City Manager said they could find no basic reason for establishing an age limit; it would be a matter of policy; State law Made it 18, but Oceanside has made it more restrictive The City Attorney said Mr. Lynch is requesting us to amend our ordinance to reduce or eliminate the requirement for a written consent of persons .between the ages of 18 and 21. Moved by Colburn, seconded by Harris, the City Attorney be instructed to change our ordinance to comply with Mr. Lynch's request and the age limit be 18. The Mayor stated he would check on it and he is not sure how he wilt vote on it; he is not sure he would be happy if a boy of his under 21 was tattooed without his knowledge or consent. Carried by the following votes, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $65,072.26, was presented. Moved by Colburn, seconded by Harris, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. BILLS AUDITED BY THE FINANCE COMMiTTEE were presented: General Fund $13,661.91 Traffic Safety 5,071.96 Park 1,428.93 Retirement 22,904.53 Gas Tax 186.1 23,370.00 Sewer 421.47 Civic Center 10,178.87 TOTAL $ 77(037.67 Moved by Hogue, seconded by Colburn, the bills be paid and warrants ordered drawn for same. Motion carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN'S report in regard to overtime and compensatory time off, was presented. Moved by Colburn, seconded by Harris, the City Manager's report be accepted and filed. Carried by unanimous vote. CiTY MANAGER OSBURN'S report in regard to the location of the personnel office was presented. Moved by Harris, seconded by Reid, the City Manager's report be approved. Ruben Rubio,Acting•Chairm.n,Civi} Service Commission, was present and urged the Council to find a separate room for the Personnel Office; in the last six months about 1,000 people applied for jobs and ours is probably the only city with a $1,000,000.00 12/6/66 87 buiidingwith no personnel office. Carried by unanimous vote. A communication dated November 1, 1966,from the Civil Service Commiss- ion stating they denied the appeal of the Deputy Director of Civil Defense was presented. The City Attorney stated the Civil Service Ord- inance provides after the Civil Service Commission's denial of an appeal has been reported to the Council, the Council may affirm, modify or reject. Frank G. Prantil, Attorney for George De Haven, was present and asked the Council to consider the action of eliminating Mr. De Haven's salary from the budget; the position was created by ordinance and to repeal it would take something of equal dignity; the effect of the action was not even to give -it the benefit of a resolution or ordin- ance; the elimination of the position was not done properly by accepted procedure; City ordinances are an important piece of Legislation and we can't disregard them. Moved by Hogue, seconded by Reid, the recom- mendation of the Civil Service Commission be approved. Carried by unanimous vote. The CITY CLERK'S REPORT of the result of opening of sealed bids for comprehensive liability insurance policy on November 30 was presented; Bayly, Martin & Fay, Co -agent Guy & Guy Insurance Co. A4AAAAA $18,000.00 underwritten by Commercial Union insurance Group. Scotty McFarlane underwritten by The Transit Casuaity;insurance Company A+AAA $18,478.00. Stewart insurance Agency, underwritten by Travelers Insurance Company A+AAAAA $28,593.00. McFarland did not appear to meet the specifications of A+AAAAA; none had submitted specimen policies but these had been requested. City Manager Osburn said the specimen policies have not been received and recommended it be considered at the next meeting. Moved by Harris, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. A communication from Director of Parks and Recreation Maley outlining procedural rules for departmental operation, was presented. Moved by Harris the communication be accepted and filed; motion died for lack of second. City Manager Osburn said there was one change he would like to bring to their attention: it is implied when a party or dance is held on City property off -duty policemen would be used, but there would be a choice of off -duty policemen or private agencies. Moved by Harris, seconded by Colburn, the procedural rules be accepted with the change mentioned by the City Manager. Carried by unanimous vote. A communication from C. Wheaton Allen, Detection Chairman, San Diego Chapter of the Diabetes Association of Southern California,expressing thanks for use of El Toyon Recreation Center for free diabetes tests, was presented. Ordered filed by unanimous vote. A communication from Howard Gardner, Associate Director, League of California Cities, in regard to possible refund of advance registrations not picked up at Conference October 16-19, was presented. Ordered filed by unanimous vote. A communication from C. L. Foster, President, Downtown Businessmen's Association, requesting City assistance inputting up and taking down Christmas lights, was presented. Moved. by Colburn, seconded by Harris, the request be granted with the City Manager's approval. City Manager Osburn said it was the decorations at the corner of 8th and National and what they want is the use of City equipment to enable a man to go up and attach the streamers across the street; it has been done before and he would so recommend. Carried by unanimous vote. A copy of a communication from Victor E. Duerksen, Assistant Administra- tor Paradise Valley Hospital, to Inspector L.E. Hess, Fire Department,in 12/6/66 88 r-{ appreciation of his assistance at recent conference on emergency manage- ment in case of fire and disaster, was presented.. Ordered filed by unanimous vote. A copy of a communication from Al and Abbie Walls, 209 G Avenue, to Fire Chief Bailey in appreciation of prompt and efficient service, was pres- ented. Ordered filed by unanimous vote. A communication from Mr. and Mrs. Wayne Barnhill in appreciation of the resolution in memory of their son, Kenneth Lee Barnhill, was presented. Ordered filed by unanimous vote.. A communication from City Manager Osburn in regard to the appointment John Linn as Assistant Personnel Officer, was presented. Moved by Harris, seconded by Colburn, the recommendation of the City Manager be approved.. Carried by unanimous vote. A communication from Chief Cagle in regard to operational change at - Paris Theater, was presented. Ordered filed by unanimous vote. A communicat,i.on from Jack D. Wickware, Assistant Legal Counsel, League of California Cities, acknowledging receipt of Resolution No. 9238, modification of 1911 procedure, was presented. Ordered filed by unanimous vote. A communication from the Municipal Employee's Association requesting use of El Toyon Community Building January 21nd on no -fee basis and application were presented. Moved by Colburn, seconded by Harris, the request be granted. City Manager Osburn said application attached shows the actual cost of this event to the City is $4.41 and that would be the charge to the Association according to our policy. Moved by Colburn, seconded by Harris, t City Manager Osburn's recommendation be included in the motion. Councilman Reid said it has been granted to others on a no -fee basis and now we are charging our own City employees. The City Manager said this was the policy set up some three weeks ago by the Council; free use would be the basic cost to the City and every- one would pay it from now on. Carried by unanimous vote. The request of the Credit Union to use the Council Chambers and Lunch Room for Annual Credit Union Meeting on January 19th, was presented. Moved by Colburn, seconded by Harris, the request be granted with the approval of the City. Manager. Carried by unanimous vote. A communication from Consuelo Rubio, Chairman, Sister City Committee, requesting use of a City owned 16 mm. projector, December 18th, as part of "Operation Santa Claus" program, was presented. Moved by Hogue, seconded by Harris, the request be granted. Carried by unanimous vote. A communication from Administrative Assistant Linn in regard to Merit Awards, was presented. Moved by Colburn, seconded by Harris, the recommendation be approved. Carried by unanimous vote. A communication from the National Meat Packers, Inc. requesting renewal of their proposal submitted in January of 1966, was presented. The Mayor called a meeting of the Real Estate Committee Friday 4 p.m. An application for no -fee use of Kimball Community Building Annex December 2nd by the South Bay Pop Warner Football League, was presented. Moved by Reid, seconded by Harris, the request be granted with the min- imum.. fee. Carried by unanimous vote. 12/6/66 89 The riginal application for on -sale beer and wine, bona fide public eatingilace, by Beatrice C. and Donald L. TorbetV, dba Cafe El Juan, 2316 Highland Avenue, was presented. Moved by Colburn, seconded by 'togu 4y, the _application be filed. Carried by the following votes, to -wit: Ayet, Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. The original application for on -sale beer license by James P. Jenkins, 2105 National? Avenue, was presented. Moved by Harris, seconded by Colburn, the application be filed. E. H. Alsdorf, 2105 J Avenue, said he would-pcotest'this.Carried by the following votes, to -wit; Ayes: Colburn, Harris, Hogue, Reid. Nays: Morgan. A communication from the City Treasurer and the City Clerk offering to attend Finance Committee meetings, was presented. Moved by Colburn, seconded by Harris, the communication be filed. Vice Mayor Colburn acknowledged they appreciated their concern and the City Treasurer and City Clerk are invited to attend these meetings and the City Manager should make note of this. Councilman Reid said these are open meetings and everyone is welcome. Carried by unanimous vote. A communication from the Acting Librarian requesting additional help for the Library, was presented. Moved by Colburn, seconded by Reid, the request be granted. Councilman Reid said he would like to hear a recommendation from the City Manager. City Manager Osburn said the Library has been operating short of personnel since Mrs. Baeder retired; they are requesting two employees for the vacancies on a temporary basis, 90 days only; they have no list so they will have to go outside and;a•sk:someone to come in and he would recommend that they do that. Vice Mayor Colburn included in his motion a 90-day period be the time limit for the temporary employment. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from the American Field Service, National City Chapter, to use El Toyon Community Building for a Christmas party on December 16 at 7:00 p.m. on no -fee basis; the City's cost would be $3.78, and he recommended they be allowed the use of the building with a payment of $3.78. Moved by Hogue, seconded by Harris, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from Mr. Payon to pick olives from the trees on the Olivewood Housing Property; he knew the purchasers of the property are interested in those trees therefore he recommended it not be allowed to prevent injury to the trees. Moved by Hogue, seconded by Harris, the City Manager's recommend- ation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a communication and report from' the San Diego County Water Authority showing the amount of water in storage November 30, 1966,by member agencies and the Minutes of the South Bay Irrigation District and recomm- ended they be filed. Moved by Harris, seconded by Colburn, the recomm- endation of the City Manager be approved. Councilman Hogue said he requested the figures on the amount of water needed to be stored in Sweetwater Lake to supply us for six months. City Manager Osburn said he has written Mr. Poulter and as yet he has had no answer. Carried by unanimous vote. CITY MANAGER OSBURN -;sported on November 17, 1964, the City made application to W.H.F.A. for advance planning monies in the amount of $15,000.00, for the preliminary planning on the drainage construction from 13tri & G to the Tidelands area; in conjunction with this application we stated we would have $1,000,000.00 from land sales to use; since 12/6/66 90 then land sale money was spent on the Civic Center (and there is still some more to be spent on the Civic Center). Mr. Osburn said he contacted the H.H.F.A. and they recommended, if we cannot finance the project now, not to makethe study; he recommended the application be canceled without prejudice; he has been assured that this would not put us in disfavor with the H.H.F.A. who also suggested that he file another appli- cation stating how much money we do have and how we would purport to finance the project in another manner. Councilman Hogue asked the City Manager where he got the authority to say that we would take the money out of land sates and fix the drainage with it and the City Manager told him it had all been "done ,byCouncil resolution in 1964. Moved by Reid, seconded by Harris, the City Manager's recommendation be approved. City Manager Osburn affirmed his recommendation that he be authorized to cancel the old application and be given authority to file a new one. Vice Mayor Coeburn asked what amount they had estimated they should have, what are we resubmitting for? The City Manager said he would want to meet with the Finance Committee as soon as he has more information and to see how they will recommend the financing of the project should they decide to try again. Councilman Hogue stated he opposed use of land sale money for this because it is not for the general good of all the people of the City. Carried by unanimous vote. CITY MANAGER OSBURN stated the trash contractor informed him this after- noon he is one day behind in collections as the dump east of National City was closed and he was forced to haul the trash to Otay; they will work Saturday and Sunday until they get caught up. The City Manager said in regard to the Auditor's study of National City Rubbish Service he will have a report next week. CiTY CLERK MINOGUE reported receipt of the Registrar of Voters' Certif- icate Re Mailing Sample Ballots and Polling Place Cards and the True Copy of Official Ballot and the Certified Abstract of Statement of the Votes of the County of San Diego, State of California, polled at the General Election held Tuesday, November 8, 1966, relating to votes cast for the City of National City Measures. Ordered filed by unanimous vote. The City Clerk's request for a new accounting machine was presented. CITY CLERK MiNOGUE reported since writing the request for permission to purchase the machine she has been told because the price was over $2500.0 it would have to go to bid as outlined in State Code; she felt it had gone to bid; last March she was asked to get prices and did; for her particular operation, short of scrapping an entire system, buying all new forms, and having the Senior Account Clerks go to school to be traine in another system, there were only two machines that could be used; Burroughs and NCR. The City Clerk said IBM would require a complete switch -over; Remington Rand discontinued making a machine; Frieden does make a machine but has limited distribution on the West Coast indicating that parts and service would be very hard to come by. The City Clerk said in March of Last year she requested prices from National Cash Register and Burroughs, the two machines that fit her system and needs; since that time she has been in contact with these companies, obtained rental figures which were included in her budget request. City Clerk Minogue said the old machine has been in such a bad state of repair the clerks spent hours looking for machine mistakes and hours waiting for the repairman, tin c6Mpiete breakdowns. To bring her` figurescup,todate, she has _two :current bids (or what she felt were bids) ,from. Nat i onad. Cash Register and the Burroughs Corporation; this system of obtaining bids is used by other cities; she knew of 3 instances when machines were 12/6/66 91 purchased in this manner in Natic¢ al City by calling the comPanies who manufacture the machines and saying please give me a price; it would be costly tohire someone to write the specifications for a new machine and there would be the cost of the advertising, The City Clerk said five different programs are utilized on the machine; if the State demanded deduction of State income tax she would have to drop another deduction to accomodate it. The City Manager said when you have different attorneys you have different opinions and our present City-Atorpeyz feels we should go to bid on this and he would so recommend. Moved by Reid, seconded by Harris, the City. Manager's recommendation be approved that the City buy a new machine but to go to bid for it. Carried by unanimous vote.' CITY CLERK MINOGUE reported receipt of a letter from Assemblyman James R. Mills thanking her for advising him of action taken by the Council regarding Resolution No, 9249, CITY CLERK MINOGUE reported receipt of communication from City Engineer Foster enclosing a petition for the improvement on Hoover Avenue, 18th Street to 24th Street, and map.; City Engineer Foster said there was a condition of escrow that they participate in the 1911 Act, we have 30% petition for it; in order to get the thing off the ground we would have to have a 50%.petition; his suggestion is the Council instigate the 1911 Improvement Act. Moved by Hogue, seconded by Coiburn, in favor of the City Engineer's recommendation and that a 1911 Act be instigated in the area that he presented. Carried by unanimous vote. CITY CLERK MINOGUE stated she had received a letter from Senator Jack Schrade acknowledging receipt of the Resolution adopted urging access routes from Interstate 5 to and from the South to proposed Coronado Bay Bridge. CITY CLERK MINOGUE stated she had received aletter from Assemblyman James R. Mills thanking her for a copy of Resolution No. 9238 (modif.: rrcat iori of 1911 procedure) . CITY CLERK MINOGUE reported receiptof a communication from the Local Agency Formation Commission approved by Robert Small, Executive Officer, in regard to the proposed Derr Annexation and referred it to the City Engineer and the Director of Planning; the City Engineer wrote an AVO stating it should be annexed to National City subject to withdrawal from the Lower Sweetwater Local Fire District and the South Bay Irrig- ation District. Director of Planning Stockman said the annexation was approved by the Local Agency Formation Commission as of November 28, 1966 and she also hasthenext step, the petition from the property owners requesting the 1,97 acres lying north of what would be 32nd Street and west of F Avenue be annexed to the City and she recommended the petition be received and referred to the Planning Commission for a recommendation. Moved by Coiburn, seconded by Harris, the recommendation of the Director of Planning be approved, Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the recommendation of the Planning Commission that one commissioner and one member of staff attend the symposium on Land Use, Planning and Assessment on Thursday, December 15, 1966 at Anaheim, California,and that all expenses be paid. Moved by Hogue, seconded by Coiburn, the request be granted. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the recommendation of the City Plan- ning Commission application for Zone Variance No. Z-5 to operate a TV service at 2604 E 18th Street by.A.B. and M.C. Collins be approved and the property owner be allowed to continue under the prior Zone Variance and to construct a new building subject to the Planning Commission's approvalof the new building plans. Moved by Hogue, seconded by Harris, 12/6/66 92 recommendation the Piannkiinq Commission's/be approvedThe City Attorney said the minutes of the Planning Commission meeting indicated the reason the variance was approved was because Mr. Collins now is operating a business in an existing residential structure and he proposed to construct a second building on the property, move his business into the new building and live in the residential structure; these were not the conditions the Planning Commission had in mind when they granted the original variance; he didn't see anything wrong with the action. Carried by the following vote, to -wit; Ayes: Colburn, Harris, Hogue. Nays: Reid, Morgan. CITY ENGINEER FOSTER reported plans for two drainage projects were completed: One, the 28th Street storm drain draining frofr the east side of Wilson Avenue and across. 28th Street, a total of about 1500 feet, estimated cost $32,000.00; and requested permission to advertise for bids. Moved by Hogue, seconded by Harris, this proiect be put out to bid. Carried by unanimous vote. The City Engineer said the other drainage project: 20th Street near L Avenue; east on 20th Street to L and south on L to 2lst Street, estimated cost of project about $6500.00; and requested permission to advertise for bids. Moved by Hogue, seconded by Harris, the request of the City Engineer be granted. Carried by unanimous vote. CITY ENGINEER FOSTER stated the City Manager and he were in touch with the Kelco Company, owners of a portion of Coolidge Avenue between the south side of 30th between where the Transfer Company is and the new Southland Industrial Park; they agreed to grant the City the easement with certain stipulations: one is the permanent drainage structure which they wanted near the north side of their property (which will cause no serious problem as they don't intend to put it in at this time) the elty to do the grading and put in some sort of surfacing at the present time (the grades are approved); it will necessitate the removal of 55 feet of curb. City Engineer Foster recommended the City Manager and he be authorized to proceed with the acquisition of this right of way subject to these conditions. Moved by Colburn, seconded by Hogue, the City EncLineer's,=r.ecommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER said last week an aerial map which the Planning Department wanted was discussed; he displayed one prepared by the aerial survey last year; it was unsatisfactory and he refused to pay for it but they still have it; if the Planning Commission can use it, he would be glad to let them have it. CITY ENGINEER FOSTER said he has some maps on the 15th Street thing which he would put in the Councilmen's folders so they could study them. CITY MANAGER OSBORN presented a copy of the proposed budget for 1966-67 which he said contained only minor changes over the tentative budget previously approved; he said if a Finance Committee meeting is desired he would be ready at their convenience, but if they adopted it tonight he would be able to proceed with the printing of the budget. Moved by Colburn, seconded by Harris, the budget be approved. Councilman Hogue said money for the 7th Street drainage was still in there and he ,!^t thought they had taken it out. The Mayor inquired if Vice Mayor Colburn (Chairman of the Finance Committee) wanted to call a meeting before the approval of the budget. The Vice Mayor said he did not think it was necessary. Carried by unanimous vote„ The Mayor called for a motion to adjourn the meeting to an executive session. Moved by Colburn, seconded by Harris, in favor of the Mayor's recommendation. Carried by unanimous vote. The meeting adjourned at 10:20 p.m. to the Executive Session. Mayor Morgan called the meeting back to order at 111:20 p.m. Council 12/6/66 93 members present: ,Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None. Moved by Harris, seconded by Colburn, the City,Attorrtey;ke instructed to redraw the ordinance and use the word "knowingly" referring to swap meets and that the two suits against Mr D rr be'Ajopped. - Councilman Colburn asked if they cbulc include in the ordinance the buyer as well as the seller as far as the violation in the items that are listed are not to be sold end let the signs and the announcements be included in the ordinance, that they be a part of the ordinance and not at the pleas- ure of the operator. Carried by the following votes, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. COUNCILMAN COLBURN said in regard to the equipment requested by the City Clerk, possibly if the Council had known about the negotiations earlier it might have made a difference; it seemed to be an important factor. Moved by Colburn, seconded by Harris, the Council instruct the City Manager to purchase the particular piece of machinery that the City Clerk referred to. Councilman Harris said they had some indication from the City Attorney that due to the special type of equipment there were not too many who could bid,. The City Attorney said the State Supreme Court has said that the reason for the require- ment of awarding municipal contracts on the basis of competitive bidding is to prevent waste of pubtic money, corruption, and favoritism; he he knew this basic requirement has been interpreted that if equipment or property sought to be purchased is of the nature that it is not a common item of manufacture available on the market from multiple sources; as patented items or specialty items, the purpose of public bidding does not exist anymore since there is not a public which has the capability of bidding and,in this case, if he understood the statementsof the City Clerk correctly, she has solicited from potential sources whether or not their equipment meeting City needs was availableand she has found there are only two companies who pro- duce: equipment that has thebasic capacity to meet the City's needs and of those twothereis, a price differential. City Attorney Mc Lean said it would appearthe Council could take the position the reason for the necessity for bidding doesn't exist in this case and If the Council wants to purchase this equipment in his opinion it would be alright. The Mayor asked the Clerk if this is a new machine that they were talking about and she said it is a brand new machine. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Morgan, Nays: Hogue, Reid. The City Manager said the machine they intended to purchase cost $5,95000 plus tax and the other machine would cost $7,684.56, including tax so there is some $1500.00 difference; they will be taking the cheaper of the two. Moved by Colburn, seconded by Harris, the Council go on record as encouraging the Mayor to purchase his son a birthday present. It was explained each of the Councilmen received a note from "interested Spectator" urging them to remind the Mayor of the birthday present. Moved by Colburn, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 11:27 p,m. ATTEST MAYO`,`C1TY O 'NACITE", CALIFORNIA 12/6/66