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HomeMy WebLinkAbout1967 10-24 CC MIN92 MINUTES C' THE REGULAR MEETING OF THE CITY COUNCIL CF THE CITY OF NATIONAL CITY, CALIFORNIA October 24, 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 Dr. George H. Parchen, Jr., President, South Bay Cities Council Navy League of the United States. Councilman Hogue left the room. Moved by Colburn, seconded by Reid, the Minutes of the regular meeting of October 10, 1967 be approved. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: None. Absent: Hogue. Councilman Hogue returned to the Council Chambers. DIRECTOR OF BUILDING AND HOUSING N. S. BIGGS presented the Annual Report for his department. VICE MAYOR COLBURN stated he attended a meeting sponsored by the Associated General Contractors of America (San Diego Chapter) and the California Jaycees District 10; the Hon. John T. Knox, Assemblyman, llth District, was the speaker; they issued a Proclamation and a plaque in recognition of City and County Government Week, October 8 - 14. Vice Mayor Colburn presented the plaque to the Mayor. VICE MAYOR COLBURN stated there are occasions when organizations or groups expect Council representation at their meetings or open houses; their letters of invitation should include the Council. VICE MAYOR COLBURN stated the National City Park Apartment complex.has established a maximum income qualification for tenants; there will be green areas for play but they have not allowed for supervision of the children; in the past similar projects are sometimes abused by some of the tenants. Moved by Colburn, the City Manager be authorized to cquitunicate with Mr. Weaver of the F.H.A. to find out his feelings regarding the possibility of a small increase in the rent to cover supervision in the 301 Type apartment buildings. Motion died for lack of second. Councilman Hogue stated when the proposal was first presented to the Council he and other members of the Council went to Richmond and Vallejo to see some similar projects; he thought the grounds were well kept. Vice Mayor Colburn said they were sell- ing a program and probably made sure everything was cleaned up; there is no provision for continued maintenance; he was only asking for something to help occupy the children by having a recreational program within the project rather than leaving it up to the City to supply recreation at park areas. MAYOR MORGAN stated he received a call regarding a horse walking on City sidewalks and lawns with shoes and inquired if there was a law against this. City Attorney McLean said he did not have that information on the tip of his fingers. Councilman Hogue suggested matters of this nature be taken care of in the City Manager's office. The Mayor said the complainant called the police and hadn't gotten too much of a response; the people's business is this Council's business and we will have to take time to take care of it. The Mayor asked the City Manager to check into this in the morning. The Mayor's proposed proclamation of "NAVY DAY" (October 27th) was read. 10/24/67 93 Moved by Hogue, seconded by Harris, the proclamation be approved. Carried by unanimous vote. The HEARING ON THE NOTICE OF INTENTION TO VACATE AND CLOSE 29TH STREET BE- TWE.FN THE EAST LINE OF NATIONAL AVENUE AND THE WEST LINE OF A AVENUE was held at this time. City Clerk Minogue stated she had the Certificate of Publica- tion and the City Engineer's Affidavit of Posting. Director of Planning Stockman read the Planning Commission recommendation of May 27, 1964 to the City Council, City Manager and City Engineer that all necessary studies be made, engineering acquisition of rights of way and county participation in determining the opening of A Avenue from 29th Street to 30th Street as well as 30th Street from B Avenue to National Avenue and the future status of 29th Street be considered at that time. Vincent de Lucia was present and asked Council's dispensation of waiver of the five minute time limit under "Oral Communications" as he was spokesman for the group represented tonight. Mayor Morgan told him they were now having a hearing and he could talk later. No one was present in regard to the hearing. Moved by Hogue, seconded by Harris, the hearing be closed and the ;?.co”-;tions of the Planning Commission be approved and it be red s >d to the City :banner and City Attorney for further procossina. Ca.t•ried by unanimous vote. RESOLUTION NO. 9457, y'Res, LUTION AUTHORIZING EXECUTION OR ORDER TO VACATE AND CLOSE 29TH STREET B TW 7N THE EAST LANE OF NATIONAL AVENUE AND THE WEST LINE OF "A" AVENUE," 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. Moved by Hogue, seconded by Reid, they move to Item 1 under New Business (Recommendation of the City Manager and City Engineer in regard to the Pro- test Hearing on Assessment District No. 150, 20th Street, 24th Street, Valle Vista Avenue, Granger Avenue and Van Noss Avenue - City Clerk's Affidavit of Posting, Affidavit of Mailing and protests to be filed). Protests received by the City Clerk were from: Mr. & Mrs. Logan A. Flaugh, 42 E. Ellis Street, Long Beach, California (property located at 2212 E. 20th Street); Woodrow W. Cecil and Norma M. Cecil, 1919 Prospect Avenue; Aureba C. Poe, 4460 48th Street, San Diego (property located at 2535 Fenton Place); Mr. & Mrs. V. D. DeWitt, 2616 East 24th Street; John J. Myres, 2150 McKinley Avenue; John W. Norviel, 2821 N. 35th Place, Phoenix, Arizona (property located on 20th Street); and a €,tiiion containing valid signatures; City Clerk Minogue read the report of the hearing officers stating there being less than a. majority protest at the Hearing on October llth and it being determined that the project wa.s feasible and that the property to be assessed would be able to carry the assessment, they would recommend the project proceed as presented. City Attorney McLean stated the Resolution of Intention would be presented if the Council desired to proceed. RESOLUTION NO. 9468, "RESOLUTION OF INTENTION (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue, Assessment District No. 150)," 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. Vincent de Lucia, 1930 Granger Avenue, wa.s present and said he hoped to sway the Council to abandon this project; he and the group he was spokesman for are against it; in this area by the City's own figures there is an actual land value of $466,740.00; the City proposes to enforce an improvement that would cost the people $174,849.70 which is over 37% of capital improvement; no business could stand that type of improvement without going broke; they knew the streets needed to be improved but were objecting to the cost and the force and coercion being used by this Council; he inquired in regard to the school's assessment. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Mayor Morgan said the resolution sets a hearing for December 5th at 8:00 p.m.; anyone who wanted to speak in favor or against it would be able to do so at that time. Mr. de Lucia inquired if they could get 51% of the property owners to sign a protest would it make any difference. Councilman Hogue stated they could not 10/24/67 /77/G 7 94 say what they would do at this time. Bill Geideck, 1912 Granger Avenue, was present and inquired (while pointing to a map on the wall) if the areas not marked in red were the ones that have not signed the petition and have not protested. City Manager Osburn said the red ones were the protests. Mr. Geideck said the school district was in the green and inquired if they would be disqualified as to either a "yes" or "no" insofar as approving or dis- approving of this assessment district. Associate Civil Engineer Onley said the law says when we have a district you assess every property that benefits within the district; however, the question he was asked was something that the Council would have to answer. Councilman Hogue stated it was their pre- rogative as to whether or not the area would be counted. Mr. Geideck said there would be real hardships imposed upon older retired people in the district who have large assessments and small fixed incomes. Carried by unanimous vote. RESOLUTION NO. 9469, "RESOLUTION AUTHORIZING CANCELLATION OF UNCOLLECTABLE CHECKS," was presented. Moved by Harris, seconded by Hogue, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title Has read. Moved by Harris, seconded by Reid, the Resolution °ha Adopted. Carried by unanimous vote. RESOLUTION NO. 9470, "RESOLUTION EXTENDING THE CONTRACT FOR THE OPERATION OF A MUNICIPAL DOG POUND BY THE CITY OF CHULA VISTA," was presented. Moved by Harris, seconded by Reid, the reading of the resolution be waived and it be adpted 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. 9471, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Ward and Nancy F. Fitzpatrick)," 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. 9472, "RESOLUTION GRANTING A LIMITED COMMERCIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (Commercial Parking Lot West of D Avenue, north of the closed 32nd Street)," 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 the following vote, to - wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. The title was read. Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. RESOLUTION NO. 9473, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT (Frank A. Schaap)," was presented. Moved by Harris, seconded by Hogue, 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. CITY ATTORNEY McLEAN stated there were four resolutions to be presented all relative to the establishment of parts of 30th Street and "A" Avenue. Moved by Harris, seconded by Reid, the reading of the four resolutions be waived and they be adopted by reading of'the titles only. Carried by unanimous vote. RESOLUTION NO. 9474, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION GRANT DEEDS (S. & A. Investment Co.)." Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. —" RESOLUTION NO. 9475, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (S. & A. Investment Co.)." Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9476, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET 10/24/67 95 PURPOSES (30th Street)." Moved by Reid, seconded by Harris be adopted. Carried by unanimous vote. RESOLUTION NO. 9477, "DEDICATION OF CITY OWNED PROPERTY FOR PURPOSES ("A" Avenue)." Moved by Reid, seconded by Harris, be adopted. Carried by unanimous vote. , the Resolution PUBLIC STREET the Resolution RESOLUTION NO. 9478, "RESOLUTION DIRECTING THE SUPERINTENDENT OF STREETS TO PROCEED TO INITIATE BLOCK ACT IMPROVEMENTS," 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 Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. 1180, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (South of 4th Street between Shell Avenue and Thelma Lane)," was presented for the second reading. Moved by Harris, seconded by Reid, the reading of the ordinance be waived and it be adopted by reading of the title only. Councilman Hogue stated some people were concerned about getting a thoroughfare through there for Thelma Way and inquired what progress had been made on that. Director of Planning Stockman said the planned development permit was approved by the Planning Commission at the meeting last night (October 23) to come before the Council at your next meeting; she met with property owners on Thelma Lane and has worked out a 28' paved right of way to Mariposa Street with no parking on the east side for them. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance of the City of National City Relating to Street Improvements and Underground Utilities," was presented for the second reading (previously presented on October 3rd and October loth). Moved by Harris, seconded by Morgan, the reading of the Ordinance be waived and it be adopted by reading of the title only. Motion carried, by the following vote, to -wit: Ayes: Harris, Hogue, Morgan. Nays: Colburn, Reid. The title was read. Moved by Harris, seconded by Morgan, the Ordinance be adopted. Vice Mayor Colburn said when the ordinance was first presented to them he favored it but since then it was amended to eliminate the under - grounding of utilities on a single residence and demanding undergrounding only for three or mo>e units; if the ordinance was adopted and a property owner desired waiver of undergrounding, he could appear before the Council; at that time Council could waive the undergrounding based on a.n executed agreement that they would not protest undergrounding at the time their area was set for undergrounding. The Vice Mayor said the Director of Planning was asking for a delay of 90 days in issuing building permits because of this ordinance; her comments were that if we don't demand the undergrounding of one unit and there is a subdivision not being completed by a developer but turned over and sold in lots to individual buyers who would build one by one if the amended ordinance is adopted tonight, they would not have to go underground; the result would be a subdivision without underground utilities. Councilman Harris said the Council has to okay any subdivision in the City; he has learned that no money has been set aside by the utility companies for undergrounding; it is expecting too much for each individual home owner to put in the undergrounding because there would be no cost at all going to the electric company; however, if there were three or more units with the cost divided by the three or more units it would lighten the burden; when money was available, the ordinance could be amended. Director of Planning Stockman said the proposal before the Public Utilities Commission at this time provides for the utility companies to share the expense of underground- ing of utilities, existing and future; the proposal allowed 30 days for the utility companies to protest; she is to receive copies of any objections and to date has received none; the time limit is up and she is expecting a ruling from the Public Utilities Commission within a short time; this would require the City to prepare a plan for an undergrounding system in National City; it woUd be very difficult to work up such a plan if in going down a 10/24/67 96 street and single family residences had to be eliminated. Councilman Harris inquired why the ordinance was presented to them prior to the Public Utilities Commission ruling. Director of Planning Stockman said the proposed ordinance could be handled the same as the sidewalk ordinance: if it presented a hardship or difficulty they could have the property owner enter into a covenant running with the land that if and when money was available they would not protest the installation of underground utilities along their street. Councilman Reid said they had too much information but nothing con- crete; they were going a little too fast and may get something they couldn't live with at the present time. Vice Mayor Colburn said if the Miles Manor Subdivision is not developed by the developers as presented but the lots were sold to individuals, those individuals get a building permit to build a house and do not have to go underground; this is a subdivision whose utilities would not be underground if this amended ordinance passes. Director of Planning Stockman said the Planning Commission recommended to the City Council that undergrounding of utilities be required in Miles Manor Subdivision regardless of what was built; but the resolution adopted by the City Council was on the basis that if he developed the subdivision for single family residences he could put the utilities overhead; if he built apartments he had to put them underground. Motion failed by the following vote, to -wit: Ayes: Harris, Morgan. Nays: Colburn, Hogue, Reid. Moved by Hogue, seconded by Colburn, the original ordinance drawn up by the Planning Commission be adopted for the first reading by title only. Motion failed by the following vote, to -wit: Ayes: Colburn, Hogue. Nays: Harris, Reid, Morgan. Moved by Hogue, seconded by Colburn, the ordinance be referred back to the Planning Commission for further study. Motion carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: Harris, Morgan. CITY ATTORNEY McLEAN said the development of the final draft of the Joint Powers Agreement proposed between National City and the South Bay Irrigation District is going on; he had a proposed final draft of the document to be known as the 1967 Joint Powers Agreement which would be circulated to each member of the Council for their study between now and the next meeting; in addition to that, the bond counsel has suggested a proposed calendar to be circulated with the Council for their study and comments; it has been proposed that there be several meetings between the City Council and the South Bay Irrigation District; the first one proposed to be on the 8th of November, 1967, 7:30 p.m. in the Council Chambers and at that time the two governing bodies discuss the final draft of the Joint Powers Agreement; the South Bay Irrigation District has requested the meeting with the Council; it has also been proposed there be a later meeting, the suggested day being November 21, 1967 at the regular Council meeting for a final meeting with the South Bay Irrigation District Board of Directors at which time the final draft of the Joint Powers Agreement would be submitted to them for their signatures. The City Attorney recommended if it was the consensus of Council to accept the request that at the conclusion of tonight's meeting the motion would be a motion to adjourn to the 8th of November, 7:30 p.m., assuming they would not be meeting on the 7th of November due to the election. City Clerk Minogue stated it would be a municipal election for the City of San Diego, not a statewide election. The City Attorney suggested they indicate whether or not they wanted to have a special meeting. BILLS AWITED BY THE FINANCE CCMMITTEE were presented: General Fund $18,120.46 Traffic Safety 10,171.54 Park 20,118.77 Retirement 13,631.70 Gas Tax 186.1 41.98 Trust and Agency 50.00 Special Streets 1,224.91 Sewers 1,047.05 Civic Center 30.42 T OTAL $64,436.83 10/24/67 97 Moved by Colburn, seconded by Harris, 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 $65,299.42 was presented. Moved by Hogue, 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. The CITY ATTORNEY'S report on the storage of wrecked automobiles within the City limits, was presented. Moved by Hogue it be referred back to the Plann- ing Commission and the Planner and they get this straightened out so that they understand what it is all about and it be brought to the Council again. Motion died for lack of second. Vice Mayor Colburn said he would be in favor of rejecting all of the bids and putting it out again for bids and in the meantime pass an ordinance which would allow the wrecked vehicles to be stored in National City as long as they came under the proper business license and zoning. Moved by Harris, seconded by Hogue, it be referred back to the City Manager to make a recommendation to the Council. Councilman Reid said there was a complete breakdown in communications as he and Council- man Hogue had made a recommendation in May or June which was voted on and accepted; these people have rented a yard in San Diego for storage and the other gentleman will lease a place down by Otay; these people have done this on the good faith of this Council. Second withdrawn. Councilman Reid said they went ahead and awarded this on the recommendations of the City Manager and the Chief. Councilman Reid inquired if the City Manager worked with the City Attorney on this. City Manager Osburn said he had. City Attorney McLean said in his letter the first sentence refers to the towing and storage of wrecked automobiles in the City of National City and does not purport to state that somebody cannot tow automobiles off the street of the City of National City and take them to another place where the storage of wrecked automobiles is lawful; this regards the conduct of the auto wrecking business in National City by a person who does not now have the legal right to engage in that business; there are four or five companies that do have the legal right to engage in the automobile wrecking business and they would be quali- fied bidders. The City Attorney further said his opinion was asked about the storing of wrecked automobiles in the City of National City by people who don't now have the legal right to store them. Mayor Morgan inquired if these people could legally tow the wrecked cars to the place. Director of Planning Stockman said the National City Towing Company on Highland Avenue is a non- conforming use (being there prior to 1959); they can store operable cars but could not store wrecked cars nor do any repair work or dismantling at that location; she could cope with them if they towed cars out of the City into San Diego; the other gentleman has some violations; he is correcting them; the Planning Commission approved another lot for him at their last meeting at 1730 Cleveland Avenue; he would be in the same position in that he could continue to store operable cars but the other vehicles would have to be taken out of the City; he could do repair work in industrial zones. Roger Maurais, American Auto Storage, 1708 Cleveland Avenue, was present and said the ordi- nance reads that no wrecked automobile may be stored within the City of National City; this is putting a legitimate business out of business by keep- ing a towing company from operating within the City of National City. Mayor Morgan asked when this ordinance was passed. Director of Planning Stockman said in 1959; the City Manager, Chief of Police, City Attorney and she recommended to the Council they consider amending the ordinance to permit the impounding of wrecked automobiles in conjunction with a towing operation. Councilman Hogue said to him there was a distinction between impounded cars and wrecked automobiles. City Attorney McLean said there was nothing in our ordinance that would now provide for that type of distinction; people who are in a proper zone and engaged in the business of automobile repair can have a wrecked vehicle on their premises without violating the ordinance; it is there for the purpose of being repaired which is a necessary related activity to the repair business; the mere presence of a wrecked car is not against the law necessarily; it's the business of storing wrecked cars that the present zoning ordinance forbids. Moved by Harris this be referred to the City 10/24/67 98 Attorney, City Manager and Planner to come up with something to recommend to the Council of the action to take. Motion died for lack of second. Moved by Reid, seconded by Morgan, at the next Council meeting the people who were awarded these bids come up with an ordinance we can live with and they can store these cars for a period of six months there but cannot dismantle them there. Vice Mayor Colburn spoke against the motion; the ordinance should be rewritten to provide allowing vehicles to be stored here; stipulations can be put in. Mayor Morgan said what the motion is now is that they would go along with the Chief of Police that he put it out to bid and he was going to accept these two bids; we're working out to authorize the City Manager and the City Attorney to work out where we can live with this ordinance where we can give it to these fellows the committees recommend; Councilmen Hogue and Reid were appointed to bring back a rec anmendation and this is their recommendation, the City Manager's recommendation and the Police Chief's recommendation we would go this route; the only thing they're doing now is to straighten it out to make it legal. Councilman Harris asked what the motion was. The Mayor said the motion was to refer it to the City Attorney and the City Manager to come back with an ordinance they can live with to give these fellows that's been authorized (or as indicated that they be authorized) to take these bids and do a job for the City that they want done. Councilman Harris inquired if that wasn't the same motion that he made that died for lack of second. The Mayor said no, it also said no wrecking and no dismantling and storage could be for six months; they will come back with something they could live with and give it to the ones that are waiting for it. Motion carried, by the following vote, to -wit: Ayes: Hogue, Reid, Morgan. Nays: Colburn, Harris. The result of the opening of sealed bids for 1250 GPM TRIPLE COMBINATION FIRE APPARATUS (Affidavit of Posting and Certificate of Publication of Notice to Bidders on file), was presented. City Manager Osburn said they were studying the bids and would have a report for Council on the 7th of November. The result of the opening of bids for ELEVEN POLICE VEHICLES (Affidavit of Posting and Certificate of Publication of Notice to Bidders on file), was presented. City Manager Osburn said they were studying the bids and would have a recommendation for Council on the 7th of November. An application for On -Sale Beer License by WILLIAM D. PEEBLES DBA THE BRANDIN' IRON, 2333 - 37 Highland Avenue, and Police Chief Cagle's recommendation the license be protested, was presented. Moved by Harris, seconded by Hogue, the Police Chief's recommendation be approved. Carried by unanimous vote. An application for person to person transfer of Off Sale General License under the name of FOOD GIANT MARKETS, INC. (California Corp.) dba TEXAS LIQUOR, 1039 Harbison Avenue (transfer necessary because of corporation merger), was presented. Moved by Harris, seconded by Reid, the application be filed. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. A recess was called by the Mayor (9:50 p.m.). The meeting reconvened at 9:55 p.m. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Absent: None. A communication from the HARRY S. NFISON CHAPTER NO. 2 DISABLED AMERICAN VETERANS requesting permission to conduct the annual "Forget -Me -Not" Drive in National City November 9 - 11 a.nd communication from Police Chief Cagle stating no problems are anticipated, was presented. Moved by Harris, seconded by Hogue, the request be granted. Carried by unanimous vote. A communication from ASSOCIATED STUDENT ORGANIZATION, SOUTHWESTERN COLLEGE, requesting approval of the homecoming parade route, Saturday, October 28, 12:30 to 1:30 p.m., was presented. Councilman Harris inquired if this would interfere with the Navy Day parade. City Manager Osburn said the Navy Day Parade was scheduled to start at 11:00 a.m. and would last about 1 hours; 10/24/67 99 they believed this one would arrive just about the time the Navy Day Parade is over; the Police Chief recommends it be allowed; there will be plenty of Police Reserves in town. Moved by Harris, seconded by Reid, the request be granted. Councilman Hogue said with something like this, it would expedite the meeting if the City Manager would write his approval on the request. Carried by unanimous vote. A communication from the NATIONAL LEAGUE OF CITIES AND UNITED STATES CON- FERENCE CF MAYORS in regard to House and Senate approval of different amounts for the Department of Housing and Urban Development fiscal 1968 appropria- tions, was presented. City Manager Osburn said this was for information as to what Congress has done in relation to some of the Federal programs; he did not know that the City would be affected. A Notice of Public Hearings before the CALIFORNIA ASSEMBLY COMMITTEE ON ELECTIONS AND REAPPORTIONMENTS, was presented. City Manager Osburn said this was for information; the meeting was held October 23rd and he and the Mayor attended. A communication from the STATE HIGHWAY ENGINEER, DIVISION CF HIGHWAYS, in regard to a recent amendment to the Outdoor Advertising Act and enclosing a copy of the amendments, was presented. Moved by Harris, seconded by Reid, the communication be filed. City Manager Osburn said this was in relation to signs along the freeway; it was referred to the Planning Department. Carried by unanimous vote. A letter of resignation of Police Radio Dispatcher Cora Lee Thier, effective October 15, and Police Chief Cagle's recommendation it be accepted with regret, were presented. Moved by Hogue, seconded by Harris, it be accepted and filed. Carried by unanimous vote. The Minutes of the CIVIL SERVICE COMMISSION meeting of October 18, 1967, were presented. Ordered filed by unanimous vote. The Minutes of the Park and Recreation Advisory Board meetings of August 28 and October 11, were presented. Ordered filed by unanimous vote. The Minutes of the TRAFFIC SAFETY COMMITTEE meeting of October 11 and communication from Police Chief Cagle stating the Committee requesting favorable consideration of Items B, C, D and E under New Business, were pre- sented. City Manager Osburn recommended approval of items B, C, D and E. Moved by Harris, seconded by Reid, the recommendations listed in Items B, C, D and E be approved. Carried by unanimous vote. Ordered filed by unanimous vote. A communication from CITY MANAGER OSBURN in regard to three items filed with the City Clerk: (1) Letter from San Diego County Water Authority, dated October 12, 1967 attaching the Minutes of Operating Heads Meeting of September 21, 1967.and Notice of Next Meeting (2) Minutes of the Regular Meeting of the Board of Directors, San Diego County Water Authority, dated September 14, 1967 (3) Letter from the San Diego County Water Authority, dated October 13, 1967, to member agencies of the San Diego County Water Authority regard- ing committee meetings (no Council action necessary), was presented. A communication from the SAN DIEGO COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES, in regard to the second annual golf tournament, was presented. Ordered filed by unanimous vote. The SAN DIEGO COUNTY BOARD OF SUPERVISORS' Resolution declaring a portion of 30th Street lying within the limits of the City of National City no longer a County highway, was presented. Moved by Hogue, seconded by Harris, it be accepted and filed. Carried by unanimous vote. A Certificate of Publication of the Annual Report of the City Clerk, was presented. City Clerk Minogue stated this was for information only. 10/24/67 100 A copy of a letter from the DIRECTOR, DEPARTMENT OF SPECIAL DISTRICT SERVICES, COUNTY OF SAN DIEGO TO DISTRICT ENGINEER DEKEMA, DIVISION OF HIGHWAYS, in regard to the proposed relocation and redesign of the Sweetwater Flood Control Channel at the planned Route 805 crossing and enclosing a copy of a letter from the District Engineer, Los Angeles, U. S. Army Corps of Engineers, recommending the proposal be approved, were presented. Councilman Harris inquired if the City Engineer had looked this over. City Engineer Foster said he hadn't seen it. City Manager Osburn said they would study it if the Council so desired; he didn't think there was anything in there they couldn't live with; it is basically cooperation between the State Highway Department and the Army Engineers. Moved by Harris it be approved. Moved by Hogue, seconded by Reid, it be filed. Carried by unanimous vote. A communication from U. S. SENATOR GEORGE MURPHY in regard to support of legislation that would return to the states a certain portion of the federal income tax, was presented. Ordered filed by unanimous vote. The City Clerk reported Notices of Hearings before the LOCAL AGENCY FORMATION COMMISSION on October 30, 9:00 a.m., Room 310, 1600 Pacific Highway, San Diego (Cain Annexation to Harborside Lighting District and Koenig's Sweet- water Valley Annexation to the City of Chula Vista) were received and referred to the Director of Planning and the City Engineer. The following notices were received by the City Clerk from the WORKMEN'S COMPENSATION APPEALS BOARD and referred to the City Attorney: Notice of Pre -Trial Conference, November 3, 1350 Front Street, Wayne L. Brown, and Application for Adjudication of Claim, hearing date to be set later, Philip R. Milligan. City Clerk Minogue stated this was for information. The CITY TREASURER'S Report for the month ending September 30, 1967, was presented. Moved by Hogue, seconded by Reid, it be accepted and filed. Carried by unanimous vote. The recommendation of the DIRECTOR OF PLANNING the report of the Planning Commission on the public hearing on application for zone variance 245 at 120 Division Street be received and placed on the Council Agenda for November 14 for final determination, was presented. Moved by Hogue, seconded by Harris, the Director of Planning's recommendation be approved. Carried by unanimous vote. The recommendation of the PLANNING COMMISSION the proposed Britton Annexation to the City of National City be approved, subject to four conditions, was presented. Moved by Harris, seconded by Reid, the Planning Commission's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN requested permission to go to bid on the Lanoitan Avenue Sewer Project; it is between 16th and 18th Street west of Lanoitan Avenue; it is very necessary in order to prevent erosion in the street area. Moved by Hogue, seconded by Harris, the City Manager's request be granted. Carried by unanimous vote. CITY MANAGER OSBURN stated Mr. Cary, South Bay Irrigation District, called and requested a meeting November 8, 7:30 p.m., in the National City Council Chambers to discuss problems in the Joint Powers Agreement, etc. Moved by Hogue, seconded by Harris, the joint meeting be set with the South Bay Irrigation District, November 8, 7:30 p.m. Carried by unanimous vote. CITY MANAGER OSBURN recommended the agreement (with the Division of Highways) on Freeway 805 through National City be executed. Moved by Hogue, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. Mayor Morgan stated he would like to study this before voting on it. Motion and second withdrawn. Moved by Harris, seconded by Hogue, this item be laid over. Carried by unanimous vote. CITY MANAGER OSBURN said the Planning Commission was requesting the City Council direct the staff not to issue permits on the subdivision project on 10/24/67 101 Q Avenue for a period of ninety days which will give them time to take corrective action regarding discrepancies in the project as it now exists. Councilman Hogue inquired of theDirector of Planning if this was still desirable. She said it was. Moved by Hogue, seconded by Morgan, the recom- mendation be approved. Councilman Harris inquired what subdivision they were referring to. City Manager Osburn said it referred to the Miles Manor Subdivision. Councilman Harris said he thought it had been accepted. City Manager Osburn said that was the problem; it was accepted under conditions that if they put in a single family residence they could have the utilities above ground but if they put in apartments they would have to go below ground; they want to correct this. Director of Planning Stockman said also on the apartments they could come in and put in their parking within four feet of the front property line; if they came in as a single family residence, resolution requires them to go back twenty feet and they couldn't park in that twenty feet; the parking would have to be back of that. Councilman Reid inquired if it was necessary to take ninety days to do this. Director of Planning Stockman said the Planning Commission wouldn't meet until the 13th of November; she couldn't get it back to Council before the 21st of November. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. Abstaining: Harris. RESOLUTION NO. 9479, "SUSPENSION OF BUILDING PERMITS (Miles Manor Subdivision)," was read in full. Moved by Hogue, seconded by Morgan, the Resolution be adopted. Motion carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. Abstaining: Harris. CITY MANAGER OSBURN recommended the Council adopt the budget; there is no change in it except for the additional revenue that will cane in from the cigarette tax and the sales tax collections. Moved by Hogue, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a request from the Library Board of Trustees relating to their help; they have requested the hiring of one additional employee as Library Clerk to relieve existing conditions; the position has been established and there is someone on the waiting list; another request was received from them; they voted a 10% raise for Myrtle Wirth because of her added responsibilities since Mrs. Baeder's retirement, to be effective October 4th; he recommended he be allowed to start proceed- ings on these requests providing they can stay within their allotted budget. Moved by Hogue, the recommendation of the City Manager be approved. Died for lack of second. Councilman Hogue stated here they were dealing with the school children in the community who used the Library; they would not ask for additional help unless they needed it. COUNCILMAN HOGUE inquired what conflict of interest was; Councilman Harris had abstained from voting on the resolution because he had an interest in the apartment deal; would it be a conflict of interest if a builder on the Council voted on the underground utilities ordinance. City Attorney McLean said the only binding law on the issue of conflict of interest is certain sections of the Government Code which states that you cannot have an interest in any contract that is let by a board of which you are a member and you cannot be a buyer or a seller at a. sale of property by a board of which you are a member; those kinds of conflicts of interest are obvious direct financial interest; what Councilman Harris said was that he has a sales agency relationship potentially existing in that subdivision; he probably feels it is an ethical thing and would not want anyone to question the basis for his vote. Councilman Hogue said he was talking about underground utilities. City Attorney McLean said it was a gray area and is not a matter of State law; it is a matter of the individual councilman deciding for him- self; most councils have never tried to reduce to writing their personal ethics into a so-called Code of Ethics. Councilman Harris inquired if this could be similar to a school teacher who got paid for teaching children who said we should raise the salaries of our library because the children are directly involved. Councilman Reid suggested the Council start thinking of a Code of Ethics. City Attorney McLean said the fact that a councilman has feelings about a subject because of his employment may be the reason he was elected; it is not the same thing as a conflict of interest; it is a con- flict of interest when finances are involved or when some unwholesome influence would affect your vote. 10/24/67 102 Moved by Hogue, seconded by Harris, the meeting be closed. MAYOR MORGAN stated there would be a meeting of the Redevelopment Agency immediately after the close of the meeting of the Council. Motion to close the meeting carried by unanimous vote. The meeting closed at 10:25 p.m. ATTEST : CITY CLERK JYO6 R, CITY 0WNATCNAL CITY, CALIFORNIA 10/24/67