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HomeMy WebLinkAbout1967 08-22 CC MIN39 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 22, 1967 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Vice Mayor Colburn. Council members present: Harris, Hogue, Reid, Colburn. Absent: Morgan. ADMINISTRATIVE OFFICIALS PRESENT: McLean, Minogue, Associate Civil Engineer Onley, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by E. H. Alsdorf. Moved by Hogue, seconded by Reid, the minutes of the regular meeting of August 15, 1967 be approved with the following correction: Approval of Bills (Page 36), General Fund - $37,755.20, Total - $91,330.27. Carried by unanimous vote. Absent: Morgan. COUNCILMAN HOGUE stated in the Pledge of Allegiance to the Flag there is no comma after the word "nation" and there should be no pause. Moved by Colburn, seconded by Harris, an ordinance for introduction on the Agenda, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (Derr)," be amended to make this an emergency ordinance. Councilman Reid inquired as to the necessity for making it an emergency ordinance. Vice Mayor Colburn said an emergency ordinance becomes effective on the second reading; the law allows this if it has to do with the health, welfare or safety; the ordinance would allow the opera- tion of a parking lot in the area west of D Avenue and eliminate some traffic congestion at the Swap Meet. Motion failed, by the following vote, to -wit: Ayes: Harris, Colburn. Nays: Hogue, Reid. Absent: Morgan. TOM LEONARD, 2740 Lincoln Court, stated last week he had requested and received permission to speak after the City Manager's report on the Spring Valley Sanitation District was presented; he requested the same permission tonight. Vice Mayor Colburn stated he would be granted the opportunity to speak after the item had been presented. E. H. ALSDORF, 2105 J Avenue, was present and said at least six months ago he requested the Council do something about motor bikes making excessive noise; this happens from 6:00 a.m. to 11:30 p.m. and later. Vice Mayor Colburn stated there is a City ordinance against excessive noise; he would forward Mr. Alsdorf's complaint to the Police Department. Councilman Harris stated he had read a short time ago this was being taken under consideration on a State level; he believed soon they would be getting sane relief from this. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and inquired the loca- tion on 20th Street for the proposed 1911 Act improvement (Assessment Dis- trict No. 150). Associate Civil Engineer Onley stated it ran from Prospect to Rachael. Mrs. Richards inquired in regard to the report listed on the Agenda under Referrals (performance bonds required on granting waivers of installation of curbs, gutters and sidewalks for 1964-1967). Mrs. Richards said a few places on 16th Street were granted waivers for curbs and sidewalks and when the 1911 went through they put in the curbs but not sidewalks. LEE MOORE, 784 Ash Street, Chula Vista, was present and inquired if any action had been taken on the proposed raise on insurance rate requirement (for -hire vehicles). Vice Mayor Colburn stated it was left as it was. Mr. Moore stated the requirement was already three times higher than San Diego and six times higher than County requirements. 8/22/67 40 RESOLUTION NO. 9427, /°RESOLUTION GRANTING A CONDITIONAL USE PERMIT (American Cement Company)," 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. Absent: Morgan. The title was read. Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9428, "RESOLUTION FIXING 1967-1968 TAX RATE," 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. Absent: Morgan. The title was read. Moved by Reid, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9429, "A RESOLUTION DESIGNATING A SURVEY AREA FOR THE PURPOSE OF COMMUNITY REDEVELOPMENT," was read in full. Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. CITY ATTORNEY McLEAN stated the next resolution to be presented was in con- junction with Agenda Item No. 3 under New Business (Communication from Administrative Assistant Linn in regard to amendments to Civil Service rules: 1. passing or qualifying grades on examinations 2. unlimited accumulation of unused sick leave). Moved by Harris, seconded by Hogue, they go to Item No. 3 under New Business. Carried by unanimous vote. Absent: Morgan. City Attorney McLean stated the Civil Service Commission recommended two revisions to the personnel rules: 1. Passing or qualifying grades on exami- nations be fixed at 65% rather than 70% 2. They propose a change in the rules for the accumulation of sick leave. Moved by Harris, seconded by Hogue, Item 1 be adopted. Councilman Hogue spoke against the motion because they should try to maintain high scores to obtain better qualified people for the City. Councilman Harris said there are people who take the written examination who do not come up as high as they might on the other two; it is just dropping the written part of the examination 5% which will give a lot more people a chance to qualify for the job. Vice Mayor Colburn said this would set a standard and as this is only a portion of the test they must maintain this score or better to qualify for the rest of the test and also there could be others qualifying with higher grades. Councilman Hogue said the communication said "The passing or qualifying score for each competitive part of the examination shall be 65%..."; they were dropping it not only on the written part but on all three parts of the examination. City Manager Osburn stated when the recommendation was made it was intended to apply only to the written portion; however, the Civil Service Commission has recommended it apply to all parts of the examination. Carried, by the following vote, to -wit: Ayes: Harris, Reid, Colburn. Nays: Hogue. Absent: Morgan. Councilman Hogue inquired if this meant if they gave a test for engineer and only three people took the examination with two scoring 50% and one scoring 65%, was there a chance they would hire the one scoring 65% as City Engineer. City Manager Osburn said they would not give an examination for that position; however, for a policeman this would be true if they had enough to certify to a department head the required number of people. Vice Mayor Colburn said if they felt they were getting a lower mentality of people applying they could increase the test itself; the intelligence it takes to pass a simple test, a score of 65% could be obtained by less intelligent people, but it would take a more intelligent person to obtain 65% on a more difficult test; the quality of the test can be upgraded every time a test is made or the qualifications could be reduced on it if it was felt it was too high. Moved by Harris, seconded by Hogue, Item 2 be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9430, "RESOLUTION AMENDING NATIONAL CITY CIVIL SERVICE RULES AS ADOPTED BY RESOLUTION NO. 8763," 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. Absent: Morgan. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Harris, Reid, Colburn. Nays: Hogue. Absent: Morgan. 8/22/67 41 THE HEARING ON THE APPLICATION FOR ZONE CHANGE FROM R-4, MULTIPLE FAMILY RESI- DENCE ZONE, TO C-4, WHOLESALE COMMERCIAL ZONE, ON THE SOUTHERLY EXTENSION OF B AVENUE, 80 FEET IN WIDTH RPTWEEN 26TH AND 27TH STREET (Certificate of Publication of the Notice of Hearing on file with the City Clerk.), was held at this time. Director of Planning Stockman presented the Planning Commission recommendation that the application for zone reclassification from an R-4, Multiple Family Residence Zone, to a C-4, Wholesale Commercial Zone, be granted with the Planning Commission taking into consideration protection of abutting residential and Commercial Planned Development usages within the area in approval of the plans for any usage and/or development as required by Ordinance No. 1119. No one was present in this regard. Moved by Hogue, seconded by Harris, the hearing be closed and the recommendation of the Planning Commission be accepted and referred to the proper channels for further processing. Carried by unanimous vote. Absent: Morgan. ORDINANCE NO. , "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (referring to an area west of D Avenue between 31st Street and 32nd Street)," was presented for the first reading. Moved by Harris, seconded by Hogue, the first reading of the Ordinance be by title only. Carried by unanimous vote. Absent: Morgan. The title was read. ORDINANCE NO. , "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (referring to property west of F Avenue north of 32nd Street)," was presented for the first reading. Moved by Harris, seconded by Hogue, the first reading of the Ordinance be by title only. Carried by unanimous vote. Absent: Morgan. The title was read. ORDINANCE NO. 1175, "AN ORDINANCE AMENDING ORDINANCE NO. 1172 (Dale Building Company)," was presented for the second reading. Moved by Hogue, seconded by Harris, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. Absent: Morgan. The title was read. Moved by Reid, seconded by Harris, the Ordinance be adopted. Carried by unanimous vote. Absent: Morgan. CITY ATTORNEY McLEAN stated the Council discussed the matter of the change of name from loth Street to Plaza Boulevard on many occasions and had indi- cated a public hearing would be held at which time interested citizens would have an opportunity to present their views; the Government Code regarding street name changes has been amended and technically the City Council is no longer required to hold a public hearing; however, due to the interest in the proposed change, if there were no objections they would schedule a public hearing and advertise it the same as they would for a zone hearing. Moved by Hogue, seconded by Harris, a public hearing be held as described by the City Attorney. The City Attorney said he did not yet have a date for the hearing, but the same letters would be sent out as had been sent out previously by the Planning Commission. Carried by unanimous vote. Absent: Morgan. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $67,896.60 was presented. Moved by Hogue, seconded by Reid, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Colburn. Nays: None. Absent: Morgan. VICE MAYOR COLBURN stated Mayor Morgan's absence from the meeting was due to his being on a carrier as a guest of the Navy, representing our City. The report in regard to the SPRING VALLEY SANITATION DISTRICT (continued from the meeting of August 15th), was presented. Moved by Hogue, seconded by Harris, the report be accepted. Viola Drain, 3211 Alpha Drive, was present and read Question 8 in the report, "Was there misrepresentation of facts, in the presentation to the Council by the former Mayor (Mr. Gautereaux) and City Manager (Mr. Hess)?" Mrs. Drain said on April 4, 1965, prior to the Council's authorizing former Mayor Gautereaux to sign the contract with the Spring Valley Sanitation District, Mr. Gautereaux made the statement, "We have no control over the boundaries of this district." Mrs. Drain asked, 8/22/67 42 if it wasn't a fact that until that contract was signed, the City Council did have control? Vice Mayor Colburn asked Assistant Civil Engineer Onley if he could answer that question. Assistant Civil Engineer Onley said the City Council, until the Resolution of Intention was presented to them, could have refused to sign this; but there seemed to be a lot of other things involved here; the Special District Services attempted to start a district and in doing this felt they would have to have a. little power to do this and the law of the State of California gives them this power; they went to the Board of Health and got a letter fran the health officer and this letter from the health officer states that the area was unsanitary and should be cleaned up and this was all the authority needed by National City of California; so they had this letter and they drove to the City of National City knowing that even though the City of National City didn't want to be part of this, they still had the authority to go ahead and do it. Mrs. Drain said in other words when the question was asked by Mr. Hogue, I believe it was, of the City Manager if we could protest ourselves out, it would have been impossible even at that time. Assistant Civil Engineer 0nley said he would say that wa.s true; the Code says that the district boundary can be changed at any time up to the time of the confirmation of the roll, as long as it benefits the properties; there are ramifications to this. Assistant Civil Engineer Onley said the law states the boundaries of a district can be changed any time up to confirmation of the assessment roll. Mrs. Drain said there was not enough percentage wise to make it possible. Assistant Civil Engineer Onley said he couldn't go too much into this as he was getting into the City Attorney's realm; he knows the law. Mrs. Drain said her next question con- cerned (on Page 9, Question 9) "Why was it to National City's advantage to obligate the City to pay approximately $39,000.00 to annex to the Spring Valley Sanitation District, National City area already sewered and out of the assessment area?"; the report stated the cost to the City to operate two pumping stations to serve that area was a minimum of $5,000.00 a year; the annexation cost will be $3,190.56; that's a savings of at least $1,809.44 per year. Mrs. Drain asked if it were true that diverting the flow of sewage from this extra three hundred acres the City annexed to the Spring Valley Sanitation District eliminated the immediate necessity for National City to install a larger trunk line thus making a very substantial savings as well as eliminating the two pumping stations? Assistant Civil Engineer Onley said that was so. Mrs. Drain inquired if an estimate was made as to the cost of this line. Assistant Civil Engineer Onley said in 1960 he made an estimate. Mrs. Drain asked him if he recalled how much it was. Assistant Civil Engineer Onley said no, but there was a 24" line running up the valley up present Plaza Boulevard to about Mr. Toledo's place and from there on it was a 15' line but he couldn't remember the cost. Mrs. Drain said she would say it was a very substantial savings to the City aside from the pumping stations. Tom Leonard, 2740 Lincoln Court, was present and said he would like to say something about Question 6 on Page 6 ("Did National City resi- dents of the area receive the same sewer privileges accorded other residents of National City over the past twenty years?"); he questioned the Lincoln Acres area was treated the same as other citizens who have gotten the sewers in the last twenty years. Mr. Leonard said his research comes up with a figure of 10,311 residences that required hook ups to sewer lines; over a period of twenty years (that's projected for five years, the figures are true for fifteen years) he came up with a figure of 5,890 having paid fees of $245.00; 57% of the people of National City have gotten their sewers at the expense of the General Fund. Mr. Leonard said the bond issue (afforded by the election in 1946) was for $375,000.00 but that wasn't all of the money that went into the sewer lines; there was some money from the suit that was brought against the Federal Government for one million dollars. Mr. Leonard said he found no trace of its receipt; he went over the files with the personnel who were very fine people and helpful; but no one could find where the million dollars went; there's no record of it; he recalled Mayor Ga.utereaux saying the less said about that the better. Mr. Leonard said the National City news of August 6, 1948 reported "Tentative approval was given by the City Council Tuesday night of a proposal that the City advance funds for the construction of some twenty-six and one half miles lateral sewer copper pipe lines to complete the City-wide sewer program. 8/22/67 43 Under the proposal as outlined by Mayor Fritz the City would pay the costs for installing the lateral sewer lines and would then charge a connection fee sufficient to reimburse the City for the cost of the laterals; the laterals would remain trunk line sewers which were financed by the bond issue approved by the voters in 1946. The final sections of the trunk line are now under construction. The laterals are to connect neighborhood areas with the trunk line. Mr. Leonard continued, rough estimates placed the cost of the laterals at approximately one-half million dollars (they later proved to be $611,045.00); there was a record of that; the City has in hand funds received from the Navy for the Tidelands amounting to nearly one million dollars; there seems to have been something "hush-hush" about this $700,000.00 that went in from that million dollars into the sewer fund or Capital Outlay Fund; there was a hassle about whether Capital Outlay Funds could be used for sewers; he suggested a friendly suit being brought before the Supreme Court for a decision; it was decided the funds could be used for sewers. Mr. Leonard said he had been coming before Council for about three years on this sewer business; there was a campaign by the former Mayor and some of the official family to induce County residents in Lincoln Acres to annex to National City; they were told they would not have to join the sani- tation district for sewers if they annexed to National City; they were annexed to National City by ordinance; if the Council or any of the people decided to eliminate that area from getting sewers, Ordinance 840 could have been repealed; it wasn't and it is still on the books and is still in force. Mr. Leonard said Mr. Hogue and Mr. Colburn probably recall that several times the former City Manager looked straight at him and said, "We had nothing to do with putting you in the Sewer District," and we were already in it because the agreement with the County had been signed; there was no way of getting out of it; we were in the District; the National City resi- dents within the district boundaries weren't numerous enough to overcome the so-called 61% vote that was certified by the Special District Services of San Diego County. Mr. Leonard said there were promises of reports a.nd inves- tigations by the Council that were not carried out; there was to be a report from the City Manager, there was to be a report from the City Attorney; two months after one report the City Attorney was to give, or was asked to give, he asked for more tine and it has never come up again; he was present to receive it had it been given. Mr. Leonard called to the Council's attention the unanimous acknowledgment of moral obligation by Council and promise of action that came to nothing and said if you had gone through all of that and it had happened to your property instead of mine, I just wonder how you would feel about it. Vice Mayor Colburn stated he understood about 25% of the million dollars was taken up in attorney's fees; they would have to take into consideration that what happened in those days was for the benefit of those citizens within the City limits at that time; for those who annexed at a later date, he could only apologize for the actions of sane of the elected representatives of the City who stated that there would be no sewer fees or minimum sewer fees. Mr. Leonard said he thought that he could overcome that argument by saying that if someone cones from Ireland and is accepted as a citizen of the United States he gets all of the privileges of a citizen of the United States, even though he came in yesterday. Vice Mayor Colburn said that was right, but if he came in yesterday he didn't get the privileges of the W.P.A. which was activated back in the 30's but he does get privileges of today's way of life; he could say only when this was done there was no provision to carry over any monies for future annexations; so any annexations to come will have to come with today's system; today's system has no million nor part of a million for a sewer system and that system was already outdated; even today we are looking forward to increased costs in sewers because of the demand that is put on them by ourselves and the Health Department. Mr. Leonard said to make everything come out right the ordinance says that sewers shall be given (or implied that sewers shall be given) and over a twenty year period if they have been given, that's impli- cation enough that the rest should have it and if that happens there is a good argument for the rest of them getting it. Vice Mayor Colburn said he wouldn't want to commit himself. Mr. Leonard said in getting this imformation he found everyone real pleasant and efficient; he thought even the Council had been patient with him; but all of the employees downstairs that were getting information were especially nice. Councilman Harris told Mr. Leonard 8/22/67 44 he wished they had the money to give them. Mr. Leonard said when the family runs out of money and there are obligations to be met they meet them; whether this is a family or not, he thought the City was better able to get money than a family to meet its obligations. Vice Mayor Colburn said the motion had been made to accept this report which was brought about through the ei%rts of the Council, as Mr. Leonard mentioned many times asking for various reports in certain phases, so we accumulated those in one large report trying to satisfy ourselves as to what is the right way to go regard- ing the Lincoln Acres Sewer District and as we have read this report I would imagine it was the feeling of the Council that in accepting it that it stands as it is. Carried by unanimous vote. Absent: Morgan. A. J. Oliver, 2805 N Avenue, was present and said he would like to discuss for just a moment Question No. 6 which indicates clearly two parcels of property, one belonging to Mrs. Susan J. and one belonging to him, are within the district as set forth in the bond issue of 1946 and he would like to ask the Council take appropriate action; he filed a letter which was Lilled the City for the total of his assessment and he was sure his mother would be glad to present one for her assessment. The Council considered the request for oversized driveway by HENRY KOPPEN, 1510 E. 4th Street, with the recommendation of the Engineering Department and Planning Department that the request be denied and if the property owner desires to continue with the project he work with the Telephone Company for relocation of the pole, was presented. Moved by Hogue, seconded by Reid, the recommendation of the Planning Commission be accepted. Director of Planning Stockman said the recommendation was by the Engineering Department and Planning Department, not the Planning Commission. Carried by unanimous vote. Absent: Morgan. The DIRECTOR OF PLANNING'S report in regard to performance bonds required on granting waivers of installation of curbs, gutters and sidewalks, 1964-1967, was presented. Moved by Hogue, seconded by Reid, the report be accepted and people who have put up bonds be allowed to substitute a Covenant Running with the Land that goes along with the type that was granted subject to conditions, time limit agreement, and things of that nature. Vice Mayor Colburn inquired if in this motion that would also include the waiver granted subject to bond. Councilman Hogue replied that was what he was talking about. Vice Mayor Colburn said as he understood the motion, if the City Attorney can compose the proper legal document that the people that have been granted waivers subject to bond could possibly turn in the bond and substitute for this agreement; also would Councilman Hogue consider the Attorney at the same tine reviewing the other waivers and bring a report regarding the consolidation of all these waivers so they would have a form to go by in the future so that they were not all in various catagories. Councilman Hogue inquired if he wanted to set up some kind of a policy. The Vice Mayor said he did. Included in motion and second. Councilman Harris inquired if a Covenant Running with the Land was a recorded document. The City Attorney said it was. Carried by unanimous vote. Absent: Morgan. The CITY ENGINEER'S report on the proposed improvement in Assessment District No. 150, 20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, and Van Ness Avenue, was read. Moved by Hogue, seconded by Harris, the City Engineer's report be accepted. Carried by unanimous vote. Absent: Morgan. Moved by Hogue, seconded by Harris, the reading of the four resolutions in regard to Assessment District No. 150, 20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, and Van Ness Avenue, be waived and they be adopted by reading of the title only. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9431, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue, Assessment District No. 150), was presented. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9432, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (20th Street, 24th Street, Valle Vista Avenue, Granger 8/22/67 45 Avenue, Van Ness Avenue, Assessment District No. 150)," was presented. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9433, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue, Assessment District No. 150)," was presented. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9434, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue, Assessment District No. 150)," was presented. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. A communication from the DIRECTOR OF BUILDING & HOUSING BIGGS requesting pay- ment in lieu of twelve days accumulated earned vacation due to the impossi- bility of his absence from his office at this time, was presented. Moved by Harris, seconded by Reid, the request be granted. Councilman Reid asked the City Manager for a recommendation. City Manager Osburn recommended the request be approved. Carried, by the following vote, to -wit: Ayes: Harris, Hogue, Reid, Colburn. Nays: None. Absent: Morgan. A communication from SAN DIEGO COUNTY CHAPTER OF MUSCULAR DYSTROPHY ASSOCIA- TION OF AMERICA requesting permission to solicit contributions during the month of November without payments of fees to the City and the City Treasurer's recommendation of approval, were presented. Moved by Hogue, seconded by Harris, the request be granted. Carried by unanimous vote. Absent: Morgan. A communication from CITY MANAGER OSBURN recommending the Council request by resolution the construction of a pedestrian overpass for entry into Las Palmas Park by the State Highway Department, was presented. Moved by Harris, seconded by Hogue, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Morgan. The Minutes of the regular meeting of the CIVIL SERVICE COMMISSION on August 16, 1967, were presented. Ordered filed by unanimous vote. Absent: Morgan. The Minutes of the regular meeting of the LIBRARY BOARD OF TRUSTEES on August 2, 1967, were presented. Ordered filed by unanimous vote. Absent: Morgan. The Minutes of the adjourned meeting of the REAL ESTATE CCMMITTEE on August 11, 1967, were presented. Moved by Hogue, seconded by Reid, the Minutes be accepted and the recommendation of the Real Estate Committee be accepted. City Manager Osburn suggested the motion include authority be granted to the City Manager and the City Attorney to open the escrows. Moved by Hogue, seconded by Reid, the motion include the City Manager and the City Attorney be granted the authority to open the escrows. Carried by unanimous vote. Absent: Morgan. The Minutes of the regular meeting of the TRAFFIC SAFETY COMMITTEE and Police Chief Cagle's communication stating the committee requests favorable consid- eration of their recommendation in regard to a bus stop at 16th and Rachael, were presented. Moved by Harris, seconded by Hogue, the recommendation be approved and the Minutes be filed. Carried by unanimous vote. Absent: Morgan. A communication from CITY MANAGER OSBURN (for information only) stating the following items are on file with the City Clerk: (1) Certificate of Insurance from Travelers Insurance Company covering Alien J. Riggs and Vella M. Riggs (House Movers) (2) Certificate of Insurance from Cheverton-Bach Company 8/22/67 46 covering Kenneth H. Golden Company (General Contractor), was presented. A Notice of a meeting from the U. S. ARMY CORPS OP ENGINEERS in regard to the feasibility of improving the existing navigation facilities in San Diego Harbor at 7:30 p.m., P.D.T., on Wednesday, August 30th, Room 358, 1600 Pacific, was presented. Ordered filed by unanimous vote. Absent: Morgan. Councilman Harris inquired if some of them should attend the meeting. City Manager Osburn and Councilman Reid stated they w wld be there. A Notice of Investigation before the PUBLIC UTILITIES COMMISSION for the purpose of establishing a list of railroad grade crossings of city streets or county roads most urgently in need of separation or existing separations in need of alteration or reconstruction for the year 1968, was presented. Moved by Hogue, seconded by Reid, it be referred to the City Engineer for a report to Council. Carried by unanimous vote. Absent: Morgan. CITY CLERK MINOGUE stated she had received a copy of and had it on file the protest by E. H. Alsdorf to the Alcoholic Beverage Department on the applica- tion for On -Sale beer license by Jean E. and Robert R. Luisi dba Luigi's No. 7 at 637-9 National Avenue. CITY CLERK MINOGUE inquired what Council considered a reasonable length of time for accomplishment of action directed to the City Clerk by the Council. Councilman Reid stated it might be an emergency situation or it might be routine; it would be difficult to set a policy. Vice Mayor Colburn said he assumed most items referred to the City Clerk would be in the form of a request for a report or action with information to come back at the next regular meeting and inquired if there was anything in particular she had reference to. The City Clerk said there was something in particular but she was trying to keep it on a hypothetical level so that she would know what to do; a request had been made but to date had not been complied with as she lacked necessary information which she had attempted to get. Moved by Hogue, seconded by Harris, when City Clerk Minogue receives the informa- tion that is necessary to complete the report she has been asked to do by the Council, she shall complete the report and bring it to the following Council meeting. The City Clerk said the item she had reference to was not for a report; she suggested the Council authorize one of them to work with her on the problem. Second was withdrawn; motion died for lack of second. Vice Mayor Colburn stated he would work with the City Clerk on this and if action was necessary he would bring it to the Council the following meeting. The PLANNING COMMISSION recommendation the application for a building permit at 540 V Avenue be denied, was presented. Director of Planning Stockman stated it was further recommended that the Engineering Department's recommen- dation relative to the widening of V Avenue be forwarded to the City Council for action rather than keep the people in this area waiting indefinitely for a decision; if the City Council proceeded with some definite action on this particular piece of property, the Commission could proceed to get V Avenue dedicated all the way through; it might be necessary to condemn property and pay a fair market value so the residents can move elsewhere or to move their houses back for them so they can utilize the sewer and main- tain the rest of their property. Moved by Harris, seconded by Reid, it be referred to the City Manager, Planning Department, and Engineering Department for study to see what the future of this street is and. report to the Council to aid in deciding what direction to take. Councilman Hogue stated he would like the motion amended to include the recommendations of the Planning Commission to deny this request until the report has been received. Included in motion and second. Motion on the Amendment carried by unanimous vote. Absent: Morgan. The motion carried by unanimous vote. Absent: Morgan. The recommendation of the PLANNING DEPARTMENT the request of the San Diego Gas & Electric Company to extend an overhead power pole line across City property in Las Palmas Park south of 21st Street be granted subject to the utility facilities being placed underground, was presented. Moved by Hogue, 8/22/67 47 seconded by Reid, Council go along with Director of Planning Stockman's recommendation that this be referred to the City Attorney and he be authorized to work with the San Diego Gas and Electric Company in the preparation of a revokable right-of-way with the Gas Company working with the City in the relocation of the facilities if and when Palm Avenue is installed. The Director of Planning stated she did give them two recommendations; she felt if they were going to let this be permanent then (in accordance with the past actions of the Park Superintendent in trying to get all utility facilities underground) she recommended the request be granted subject to the utility facilities being placed underground; if not, then it would be a revokable agreement that they would relocate and work with the City on the alignment of Palm Avenue. Councilman Reid asked for an explanation of the request. Vice Mayor Colburn stated the utility company had asked for per- mission to install some highpowered lines; it was the recommendation of the Director of Planning they be put underground. Councilman Reid inquired what would happen to the Freeway. Director of Planning Stockman said this would not have any effect upon the Freeway as this would be coming from Palm Avenue and going east of Palm Avenue; the Freeway is across the Park from this and has nothing to do with the Freeway. Councilman Reid inquired what would be served in the Park. Director of Planning Stockman stated a.s nearly as they could understand it was to increase the services to the golf course. Councilman Reid inquired if this was urgent or could they have someone from the Gas and Electric Company in to explain it. The Director of Planning stated there seemed to be a discrepancy in a letter that she received and what the City Manager knew. City Manager Osburn said the only information he had was a map; they would take off some 50 - 75 feet north of 22nd Street and it looks like it would go to about the vicinity of the well, 246 feet. The Director of Planning said her letter said, "Your support of installation would enable us to furnish electric service to G.M.U., Inc., a lessee of yours." Moved by Hogue, seconded by Reid, this item be referred to the City Manager for a report. Carried by unanimous vote. Absent: Morgan. The CITY TREASURER'S REPORT for the month ending July 31, 1967 was presented. Moved by Hogue, seconded by Harris, the report be accepted and filed. Carried by unanimous vote. Absent: Morgan. VICE MAYOR COLBURN stated he had a letter from Mr. & Mrs. Costello addressed to the City Council which refers to a problem with skunks in the vicinity of 30th Street which they blame on the recent construction (airport and 30th Street between National and D); they have not been able to secure any aid in this through the Animal Shelter, Humane Society and County Health Depart- ment; if this is a problem it is one that warrants attention. Moved by Colburn, seconded by Hogue, this letter be referred to the City Manager to see what he can do. Vice Mayor Colburn said possibly this was something to be taken up with Dr. Askew of the Department of Health as it concerned a high rabies carrier. Carried by unanimous vote. Absent: Morgan. BILL CU!'RY, a768 Shaw Street, was present and said it seemed the problem was settled in 1964 as to what that street (V Avenue) was going to be; he wants to build now and someone in the Planning Department (before he spent the Money to draw up the plans and all of that) gave him the setback; he has money tied up in it for plans and would like to know how much longer this was going to go on. Vice Mayor Colburn said the Council took action tonight to get a. final and definite recommendation from staff; it has been noted that only half of the street was ever dedicated; it has been the assumption that a full street was needed. City Manager Osburn stated he hoped to have the report by September 5th. Vice Mayor Colburn stated he was sure at that time the Council would act on the report and will either demand the widening of the street (which might mean condemnation in some cases) or will say it is fine like it is and they will never want to widen it. MRS. WAGNER, 540 V Avenue, was present and said it has gotten to the place where she was not Sure she wanted to live on V Avenue anymore and invited the Council to come out ;and look at the area to see what they would be doing to the rest of the property if they make it a 60 foot street; perhaps one day they will need a 60 foot street there but the question was, "Do you need it now?" 8/22/67 48 ed by Hogue, seconded by Harris, the meeting be closed. C+UNCILMAN REID asked if there was something wrong with the air conditioning in the building. City ManAger Osburn said he would have it checked. Motion to adjourn carried by unanimous vote. Absent: Morgan. The meeting closed at 9:07 p.m. A EST: (A/Vv , MAYS'", CITY OF NATIONAL CITY, CALIFORNJA 8/22/67