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HomeMy WebLinkAbout1966 05-03 CC MIN188 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 3, 1966 The regular meeting of the City Council was called to order by Mayor Morgan at 7:35 p.m. Council members present: Colburn, Hogue, Reid, Morgan. Coun- cil members absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Carstens; Foster; Linn; Minogue; Osburn; St ockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Rev. Faye B. Brice, Faith Gospel. Chapel. MOVED BY REID, seconded by Colburn, the minutes of the regular meeting of April 26, 1966 and the adjourned:Mneeting of April 27, 1966 be approved. Carried by unanimous vote. Resolution No. , resolution authorizing execution of agreement for private fire protection service, 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. RESOLUTION NO. 9119, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PRIVATE FIRE PROTECTION SERVICE." Moved by Hogue, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Resolution No. , resolution of the City Council of the City of National City approving agreement for maintenance of state highway in the City of National City, was presented. Moved by Colburn, seconded by Hogue, the read- ing of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9120, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATICNAL CITY APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE CITY OF NATIONAL CITY." Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Resolution No. , resolution accepting conveyance of real property (Bahia Vista Development Corporation), 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. RESOLUTION NO. 9121, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (BAHIA VISTA DEVELOPMENT CORPORATION)." Moved by Colburn, seconded by Hogue, the resolution be adopted. Carried by unanimous vote. Resolution No. , resolution authorizing execution of easement (California - American `,eater Company), was presented. City Attorney Carstens recommended adoption of the resolution upon approval of the City Engineer. Mayor Morgan asked if it could be laid over for the approval. City Manager Osburn stated the connection of the fire main was being held up until the resolution was adopted. Moved by Hogue, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only with the approval of the City Manager. Carried by unanimous vote. RESOLUTION NO. 9122, "RESOLUTION AUTHORIZING EXECUTION OP EASEMENT (CALIFORNIA- AMERICAN WATER COMPANY)." Moved by Reid, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated in regard to Agenda Item Number 3, under Adoption of Resolutions, he found nothing in the minutes of last weekts meet- ing requiring the drawing'up of a resolution; recommended nothing be done about the approval of full reconveyance for Canteen Service of San Diego until 5/3/6.6 f. 4, , 189 other matters were settled. Moved by Hogue, seconded. by Reid, the matter be laid over until other information was brought before the Council. City Attorney Carstens recommended the City know what the proposed use of the land be before executing full reconveyance. Vice Mayor Colburn asked if Canteen Service had anything they could bring before Council at this time. City Attorney Carstens recommended the matter be held over until Canteen Service had a proposal to make. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated Agenda Item Number 5, under Adoption of Resolu- tions, regarding cooperative agreement between City of National City and State of California relating to the work City may do adjacent to freeway and highway routes, was accomplished last week by the adoption of Resolution No. 9116. CITY ATTORNEY CARSTENS reported on the matter of condemnation actions on Lanoitan Avenue, confirmation was received that Mrs. Phillips accepted the proposal of the City and, if she was still in agreement, recommended prepara- tion of the necessary documents to execute and settle this litigation. Moved by Hogue, seconded by Reid, the recommendation of the City Attorney be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS read a letter offering to terminate his contract as of May 31, 1966 or June 30, 1966. Mayor Morgan asked the City Manager if May 31st or June 30th would fit his schedule for hiring a full time city attorney. City Manager Csburn stated 30 days was not sufficient time to advertise a.nd interview for a competent city attorney. Moved by Morgan, seconded by Reid, the City Manager be given authorization to obtain a full time city attorney and retain the services of the present attorneys until June 30th. 'Dice Mayor Colburn stated he read the report of the City Manager but felt it did not give full evaluation and he would rather have the item put back on the Agenda to allow more time for study and information before making the authorization or recommendations. Councilman Hogue stated more research should be done to see if a full time attorney can be obtained at the amount suggested. Mayor Morgan stated the City cited in the report had a. full time secretary; in National City the secretary works half time for the Mayor, and half time for the City Attorney. Motion failed by the following vote, to -wit: Ayes: Reid, Morgan. Nays: Colburn, Hogue. COUNCILMAN HOGUE read a statement in regard to his feelings on the appointment of a fifth member to the Council; the appointment should go to the man with the third highest votes. COUNCILMAN REID asked the City Manager when the streets recently paved with slurry seal would be striped. City Manager Osburn stated the striping of the center of the streets had been started. A PROCLAMATION of "Youth Opportunity Month", Month of June, 1966, was read. Moved by Colburn, seconded by Hogue, the Month of June, 1966 be proclaimed "Youth Opportunity Month." Carried by unanimous vote. A PROCLAMATION of "National Public Works Week", the Week of May 15 - 21, 1966, was read. Moved by Colburn, seconded by Hogue, the week of May 15 - 21, 1966 be proclaimed "National Public Works Week." Carried by unanimous vote. TOM LEONARD, 2740 Lincoln Court, was present and asked if the cost figures from Spring Valley Sewer District were received. City Manager Osburn stated they were received but he had not had time to review them and prepare a breakdown. A. ROBERT NATOLI, Canteen Service of San Diego, 544 Napa Street, was present and stated his associate Dr. Distler was in an accident and as a result would be incapacitated for eight months; he asked Mr. Jaffe, Piedmont Construction, to develop Canteen's five acres; they would meet with City Attorney Carstens and their attorney to comply with the conditions of the sale; namely, pay the remaining sum due on the land, building to start on the property within 180 days; they were agreeable to a deed -back arrangement in the event of default on the part of Canteen's successors. Sid Jaffe, 6331 Duane, San Diego, and 5/3/66 190 his son, Allen Jaffe, 6505 Crystalaire Drive, San Diego, both of Piedmont Construction Company, were present. Allen Jaffe stated they had some questions about the land and the construction of a building; they wanted to develop as soon as possible and would be able to start construction of a 10,000 feet metal building within 180 days, to be completed within one year. Mr. Jaffe said they were in agreement with the deed being held in trust until construction was started; if it was the City's wish for them to go through with the trans- action they would like it understood any agreements prior to this date would have no bearing on what City of National City and Piedmont Construction Com- pany would agree on tonight. Mr. Jaffe asked how soon 24th Street would be improved and the charges to them and what was the status of the 1911 Act on Coolidge Avenue. City Manager Osburn stated there was a. majority petition for the 1911 Act improvement of Coolidge and mays of putting in the necessary drainage and extending sewer lines to allow the improvement to go ahead were under study; 24th Street would be a State Gas Tax project and it was sentto the State for approval some time ago; they were working on it and hope to get it out soon. Councilman Hogue stated questions of this nature should be taken up.in the session with the attorneys and could see no reason for going into it at this time. Mr. Jaffe stated he was asking these questions because when they have their meeting with City Manager and City Attorney every- one knowing the answers to his questions would not be present. Mr. Jaffe said the cement company across 24th Street was draining water onto the property and asked if this would continue. City Engineer Foster stated when the street improvements were made this would no longer be so; he wasn't aware there was a problem at present. Mr. Jaffe asked, in the event something should happen to prevent Piedmont Construction from developing the property, what would happen to the property and the money spent if the City of National City takes the property back. Moved by Hogue, this question be brought before the City Manager in the discussion these people will have with him. Motion died for lack of second. Mayor Morgan stated this question would be worked out among the attorneys. City Attorney Carstens stated these questions were matters of policy and would be handled in the way the Council desired. Mayor Morgan stated these had been worked up before. City Attorney Carstens stated the Council has to give guidelines as to what is to be included. Mayor Morgan asked the City Manager how the money had been paid back before. City Manager Osburn stated in one case the money was paid back, without interest, and the City got the deed back; another was still pending; there was one where the people signed a deed being held by the City Attorney in case they don't per- form within a certain time limit; there were a number of things that could be done; if Council wanted an administrative recommendation he could bring one back after meeting with these gentlemen. Mr. Natoli stated the last time he came before the Council he stressed time was of the essence; this must be resolved; if his successors were a reputable company and could show their desire to build, and pay off the obligation, then much of the red tape should be avoided; if this matter had to be retreaded it could take another two to three weeks. Mr. Natoli recommended a meeting Wednesday, May 4, with the City Attorney to establish clearly what Council expects from Piedmont Construction; if the matter was resolved escrow could close in two days; it was in best interest of City and all involved to get matter resolved. The City Attorney stated he could meet with these people but the problem remained that he did not know the Council's decision as to policy; no matter what agreements were met in their meeting it would still have to come before Council for approval at the next meeting. Mayor Morgan said the land was 215,000 square feet and a 10,000 square foot building would not take up all the land and asked what other development would be made. Mr. Natoli stated this was the first step in satisfying the City's development conditions; there were three very good prospective tenants. :'A.Robert Natoli, Sam Jaffe and Allen Jaffe left the Council Chamber. HEARING FOR the adoption of the Municipal was no one present in this regard. Mayor closed and referred to the City Attorney. Hogue, thed of Code was held at this time. There Morgan recommended the hearing be Moved by Colburn, seconded by recommendation the Mayor be approved. Carried by unanimous vote. CLEM O'NEALE, 1357 Rosecrans, attorney.representing Alco present in regard to the lawsuit against his clients; he problems his clients have had; they tendered a check for Fence Company, was presented some of the payment in full to 5/3/66 191 obtain a construction loan to meet City's conditions of purchase. Mr. O'Neale asked what his clients had to do to show intent to construct on the land; they had blue prints for their construction plans in November, 1964; they received bids on property from San Diego Ga.s & Electric and several general contractors in 1964 and early 1965; they graded the lots in January and February of 1965 (grading cost in excess of $6,000). Mr. O'Neale said Alco attempted to ter- minate the lease on their present location on Commercial Street but the land- lord wanted the lease paid in full, which would have been in excess of $3,000; the Council was concerned because a "For Sale" sign appeared on the property; the construction bids far exceeded the estimated cost and they were in a financial bind; the sign was up for only a short time. Mr. O'Neale offered the following proposal to Council: His clients lease on present location ex- pires in November, 1966; they propose to fence in the property by June, or before the summer is past; they propose to construct a building on the pro- perty between September and November of 1966 and move their business to National City on or about November 30, 1966 when their present lease expires. Mr. O'Neale said because of the pending lawsuit they were unable to obtain a loan for construction and suggested the lawsuit remain pending and when the construction loan is obtained go through escrow and have the lawsuit laid aside without prejudice to re -file. Mr. O'Neale said they would need full reconveyance on the land; these documents would all pass through escrow and solve many problems; it would save money and costly litigation; it was im- portant for his clients to know if lawsuit would be contested or pending. Vice Mayor Colburn asked if Alco Fence would be willing to negotiate a deed - back guarantee if the lawsuit was taken off during escrow with the promise not to put it back on if the conditions were met. Mr. O'Neale stated he had not discussed this with his clients. Vice Mayor Colburn said most of the property sold by the City was to have been utilized immediately or in the near future; and recommended the City Attorney be authorized to work these problems out. City Attorney Carstens suggested if the construction loan doesn't record by a given date the escrow officer be given authority to re- turn the deed to the City, with the land unencumbered. Moved by Colburn, seconded by Reid, the City Attorney be authorized to work out details with Mr. O'Neale and bring back recommendations for the completion of this trans- action. Vice Mayor Colburn stated he would hope the City Attorney would in- clude November 30, 1966 as the date for deed -back if the conditions were not met. Carried by unanimous vote. MR. GROBE, 35 E. Fifth Street, was present and stated the alley off of Lantana Drive, between 4th and 5th Streets was still closed; the City Manager told him the lanewa.y was deeded to a party in La Jolla and it might be months before the matter was settled; and he would like the fence in the back of his property condemned so a new fence could be placed. City Manager Osburn said he believed the City was in a position to proceed in having the owner of the property show proof that he does have the alley closed legally; it was the opinion of the City Attorney and the Staff the alley was open on the south half at this time; he hoped to have some action on it within a week. Council- man Hogue stated if the fence is illegal under the new ordinance it should be looked into. Mayor Morgan stated he thought that would be included in the report of the City Manager. HELEN ERIC°KSON, 2447 Ridgeway Drive, was present and stated in regard to sewers for residents of National City within the Spring Valley Sewer District there were 18 people who were willing to pay $500 per hookup for a sewer going up Ridgeway Drive; they would like to know how much per foot it would cost. Mayor Morgan stated there would be a report forthcoming. MRS. CHARLES HENERA, 218 W. 13th Street, was present and presented a petition allegedly signed by 140 registered voters requesting the appointment of J. Louis Camacho to the vacant council seat. VICE MAYOR COLBURN stated in regard to the full reconveyance to Canteen Service of San Diego, the Council should advise the City Attorney as to their thinking before he met with those people; they have come back to us, after default in their original plans, with additional people involved and they want to perform immediately. City Attorney Carstens stated the facts were that Canteen Service opened escrow with these people and the City has been 5/3/66 192 requested to deposit a reconveyance in escrow; if this was done escrow could close without any further action or consent by the City; the reason he recommended the reconveyance not be approved was to give the Council the opportunity to approve a new buyer; one thing unknown was what business, if any, would be in the proposed building; he could find out what they intend to do and bring information back to Council, but he was looking for guidance as to what the Council wishes to accomplish. Councilman Hogue asked if the City were to release this property so it could be sold to new builder would this eliminate control the City has over it by deed -back. The City Attorney stated there was a. clause on the title stating improvements had to be made within 180 days; that clause would remain until removed by proper authority; if they put up a building with their own financing the City would have no control over them; this was why he recommended against reconveyance until there was more information. Mayor Morgan asked if the City had any control aver the type of building that could go on the property. Director of 'tanning Stockman stated the City had control over the front of the building and would require set back and landscaping. Mayor Morgan stated he was concerned with the 205,000 feet that would be left undeveloped. Councilman Reid stated he would like to know what was planned for the building. Mayor Morgan asked the City Attorney if he could report to the Council on their questions next week. City Attorney Carstens said he would come back with definite ideas. Mayor Morgan stated he would like to have the City Attorney work out an agreement to present to the Council. Vice Mayor Colburn asked the City Attorney to ask the people who they were going to build for and what type of business was going in. City Attorney Carstens stated he talked with these people on sev- eral occasions and recommended they present to the Council an offer which the Council could either accept or reject; he did not have any authority to negotiate these matters on the Council's behalf. Councilman Hogue stated the Council should be informed of matters to come before them. Mayor Morgan asked the City Attorney to include in his report the number of buildings planned on the property. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 13,378.54 Trust and Agency 1,857.48 Park 896.99 Retirement 5,300.88 Special Street 6,311.89 Sewer 1,147.22 Civic Center 1,958.14 TOTAL $ 30,851.14 Moved by Colburn, seconded by Reid, the bills be approved and warrants be ordered drawn for same. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. THE COUNCIL considered El Cajon Resolution opposing Assembly Bill 38 and 39 (the resolution was read). Councilman Hogue stated he opposed such a resolu- tion. Resolution ordered filed by unanimous vote. Moved by Hogue, seconded by Colburn, the Council go on record in support of AB 38 and AB 39. Discus- sion followed. Councilman Reid said he would like to study AB 38 and AB 39 for one week. Moved. by Hogue, seconded by Colburn, it be tabled until the next meeting. Carried by unanimous vote. A COMMUNICATION from Vincent McGrath, Chairman, Civil Service Commission, requesting search and recommendations relative to amendment of Civil Service rules be referred to.Civil Service Commission, as well as City Attorney, was presented. City Clerk Minogue stated she requested a meeting with the Civil Service Commission, the time had not been set as yet; and asked -if any of the Council members would like to attend. Vice Mayor Colburn and Councilman Reid stated they would like to attend the meeting with the City Clerk.. Moved by Colburn, seconded by Reid, the request of the Civil Service Commission be granted. Mayor Morgan appointed Councilman Reid and Vice Mayor Colburn to serve on the committee to investigate the possible ramifications effecting the employees presently in the Civil Service structure. Vice Mayor Colburn stated he did not know how the Commission got the idea the Council was trying 5/3/66 193 to revert to the "spoils system"; he made the motion because in the past he had seen where employees hired on a. part time basis did not compete in the tests available in the top ten, yet the employee had proved his worth during the time of his employment; all City employees under the Civil Service regu- ]a tions should have an equal right for promotion, job security, etc.; he made the motion to find out if there was a rule we could go by to do this, not to revert to another system; he did not overlook the Civil Service Commission at the time, only asked City Attorney to study the ordinance. Carried by unan- imous vote. A COMMUNICATION from the Deputy Director of Civil Defense in regard to the appointment of two alternates, as well as a representative, to the Unified San Diego County Civil Defense and Disaster Council, was presented. The City Manager stated they requested two elected officials and the City Manager be appointed. Mayor Morgan recommended Councilman Reid, Councilman Hogue and City Manager Osburn be appointed. Moved by Colburn, seconded by Morgan, the Mayor's recommendation be approved. Mayor Morgan named Councilman Reid as the top alternate. Carried by unanimous vote. A COPY OF COMMUNICATION from Director, Department of Special District Services, County of San Diego, to Congressman Van Deerlin, requesting his assistance in expediting the Sweetwater Flood Control Project, was presented. Ordered filed by unanimous vote. A COMMUNICATION from National City Firemen's Relief Association, requesting Saturday, May 7th, be proclaimed "Fire Service Day," was presented. Moved by Hogue, seconded by Colburn, May 7, 1966 be proclaimed "Fire Service Day." Carried by unanimous vote. A COMMUNICATION from Leeds, Hill and Jewett, Inc., in regard to their final report on "Analysis of Unification of Agencies for Water Supply and Distri- bution, and Feasibility of Acquiring Sweetwater District of California Water and Telephone Company," was presented. Mayor Morgan recommended the matter be laid over for study by the Councilmen until next meeting. Moved by Hogue, Seconded by Reid, the Mayor's recommendation be approved. Carried by unani- mous vote. A COMMUNICATION from E. J. Moore, Executive Vice :'resident, Continana Convalescent Centers, Inc., requesting an additional 60 day extension on escrow and 90 day extension on conditional use permit, was presented. Mayor Morgan asked the City Manager to report on the matter and make a recommenda- tion. City Manager Osburn stated the Real Estate Committee had met regarding this matter last Friday; their recommendation was the Continana Convalescent Centers, Inc. be granted 30 days to close escrow and start construction with- in 10 months. Moved by Reid, seconded by Hogue, the recommendation of the Real Estate Committee be improved. Carried by unanimous vote. A COMMUNICATION from City Manager Osburn in regard to City of San Diego Resolution No. 186934 (Formation of nonprofit corporation for the operation and maintenance of a public transportation system...) was presented. City Manager Osburn stated there was a copy of the resolution on file with the City Clerk. Ordered filed by unanimous vote. A COMMUNICATION from City Manager Osburn setting May 17 as "Student Government Day," was presented. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a proposed lease agreement between the City of National City and the San Diego Unified School District; for the purpose of allowing Morris High School to use the Municipal pool from 4:00 p.m. until 5:30 p.m., from February 14th to May 13th; the contract was in the amount of $975.00, basically $10.00 an hour; and recommended it be checked by the City Attorney and a resolution be prepared authorizing the Mayor to sign. Moved by Reid, seconded by Hogue, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of request from the owner of Acme 5/3/66 194 Chevrolet forme of table and chairs for a.Kiwanis Club Luncheon and recom- mended it be approved on a "no fee" basis. Moved by Hogue, seconded by Colburn, the City 1Yanager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN stated May 7th and 8th were set for moving into the new Civic Center; he recently learned some of the furniture will not be delivered until Friday; there will be a one week to two week delay on the police radio console and recommended the move be the weekend of May 14th and 15th. Moved by Hogue, seconded by Reid, the City Manager's recommendation be approved. Councilman Hogue stated he hoped we were not moving in before everything was ready. City Manager Osburn stated thatthe Contractor was ready to move us in as soon as the furnishings were received. Mayor Morgan asked if the final inspection report was completed for presentation to the Council. City Manager Osburn stated the meeting was to be held this Friday. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from Jack R. Schonbom, Acting Regional Aministrator, Department of Housing and Urban Development, stating National City's Workable Program for Community Improvement was approved and effective until May 1, 1967. CITY MANAGER OSBURN rep anted receipt of request for Partial Payment No. 12, Civic Center, approved by the architect and contractor, in the amount of $19,528.38, for the Month of April, and recommended approval of the request. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid, Morgan. Nays: None. CITY MANAGER OSBURN said the Real Estate Committee at their meeting, Friday, April 29, considered a letter from Clint Matthews, Chula Vista Realty, offer- ing to purchase 114 acres of City owned land (a portion of Block 156, National City); offer subject to buyer acquiring 11/2 acres to the west, fronting on Wilson Avenue, the City extending the sewer from Coolidge Avenue on 28th Street to Wilson Avenue, the City setting the grade on 28th Street, the City extending the 24" drain from Wilson Avenue east to Coolidge Avenue, and the City filling and grading 28th Street. The City Manager said the Real Estate Committee authorized the City Manager and City Engineer to figure the cost of drainage and sewers on 28th Street and Coolidge Avenue and any other costs, and bring a recommendation back to the Committee. City Manager Osburn stated the report would be made to the Committee before coming to the Council. CITY MANAGER OSBURN reported in regard to an offer presented at the Real Estate -Committee Meeting, from the Purchasing Officer, San Diego County, to sell three parcels of land (sanitary fill known as the Duck Pond) to the City; the Real Estate Committee recommended the City get out of the land business and so notify the County; also the City could not afford this purchase. Moved by Reid, seconded by Hogue, the recommendation of the Real Estate Committee be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a notice of cancellation of sidewalk license bond and recommended it be referred to the City Attorney and, if approved by him, be filed. Moved by Reid, seconded by Colburn, the recommend- ation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receiptof a letter to the Mayor from Vice Mayor William S. Crow, City of Escondido, requesting information on the formation and function of the Citizens Planning Committees described by the Director of Planning at the League of California Cities dinner. Moved by Hogue, seconded by Reid, the Planning Department cooperate with City of Escondido in matter community planning. Carried by unanimous vote. CITY CLERK MINOGUE read a letter addressed to the Mayor of National City from the Lions Club, expressing appreciation for the use of the Memorial Bowl for their third annual Easter Sunrise Service. CITY CLERIC MINOGUE reported receipt of Complaint and Summons from James S. 5/3/66 195 Duberg, Guardian of the Estate of Georgina M. Gray, Incompetent, vs. Sherman Lacey, John Hanson, Farmers Poultry and Egg Co., Doe One through Doe Ten, of which the City of National City is one; a copy was referred to the City Attorney and City Manager. CITY CLERK MINOGUE stated she attended a meeting of the State Employees Retirement System, May 2nd, regarding the increase in rates effective July 1, 1966; this increase effects employee contributions only; employer contribu- tion to remain the same unless changed by actuarial survey; persons hired during time when there was six months wait before being placed under retire- ment plan, now have option of paying the six months amount (this might affect retirement date); also Council members have the option of tetng included in the StateEanployees Retirement System and requested anyone interested to see her. CITY CLERK MINOGUE reported receipt of a copy of the City of Coronado Resolu- tion No. 3583, opposing proposed constitutional initiative to legalize manu- facture, sale, purchase, possession and transportation of marijuana, which would be on file. COUNCILMAN HOGUE stated he thought the City should look into the possibility of buying a projector that would project maps, etc.,,on the wall to be seen better by the Council members. Mayor Morgan said after the move into the Civic Center the Council could look into the possibility. Moved by Hogue, seconded by Colburn, the City Manager look into the possibility of installing a projector in the Council room. Carried by unanimous vote. CITY ENGINEER FOSTER reported receipt of a letter fr an the Division of High- ways stating they were working on approval of 24th Street improvements. CITY ENGINEER FOSTER displayed a map of Ridgeway Drive area and reported the estimate for running a sewer up Ridgeway Drive;(to serve the area including all the buildings existing at present it would be necessary to make the sewer line 20 feet deep) for installing such a line with the existing conditions, would be a little over $9.00 per front foot. Mayor Morgan asked how many feet were involved. City Engineer Foster stated it totalled 2240 lineal feet or 4480 front feet; this included all incidental expenses; total cost esti- mate was over $90,000. Vice Mayor Colburn asked where the $9,000 figure came from that was referred to at one time. City Engineer Foster said he did not know where that came from. Mayor Morgan stated he thought we were only con- cerned with parcels in the City of National City; he could see on the map that someof County land was included; possibly coming down 30th Street in the back would be cheaper for hookup. City Engineer Foster said the report was made without regard to whether property was in or out of the City; he under- stood the request was for the Ridgeway Drive area; this had nothing to do with the hookup. Councilman Hogue asked the City Attorney if the City of National City could withdraw these people out of this Sewer District. City Attorney Carstens stated the resolution of intention was adopted and it went to bid; there was a time when these things could be negotiated and when they could not. C. W. PROCTOR, 2359 Ridgeway Drive, was present and stated when he annexed to National City he was promised sewers by National City; the cost was said to be only $9,000; Mr. Drake later stated the cost would be $28,000 and now it was to be over $90,000. Mayor Morgan asked if the sewer would have to be 20 feet deep to serve only those people in National City. City Engineer Foster said he was not sure; it would have to be that deep to serve those people shown in the shaded areas of the map; if it was to serve only those people in National City he would bring a report back next week. Mayor Morgan requested City Engineer Foster report next week. Councilman Hogue asked the City Attorney to check by next week whether or not National City residents could withdraw from the district. Moved by Hogue, seconded by Colburn, the City Attorney report on the residents position in the Sewer District. Carried by unanimous vote. MOVED by Colburn, seconded by Reid, the meeting be adjourned for executive session. Carried by unanimous vote. The Meeting adjourned at 9:47 p.m. MAYOR MORGAN called the meeting back to order at 10:18 p.m. Council members present: Colburn, Hogue, Reid, Morgan. Council members absent: Nene. 5/3/66 196 MAYOR MORGAN stated the Council did not agree on an appointment for the vacant Council seat; he did not think it in order to call an election at this time as the law allowed 30 days for appointment. Moved by Colburn, seconded by Hogue, the resolution be passed caning election to elect the fifth member of the City Council of National City. Vice Mayor Colburn stated the law allowed 30 days to look into the possibilities of an appointment; because of the comments and stands the members of the Council have made it was a waste of time to delay the election; the election should be called as soon aS possible. Councilman Reid stated he wanted to see the calling of the election delayed one more week in hope there would be agreement on the appointment of a Council- man. Vice Mayor Colburn said he dislikedthe idea of an election because of the cost to the City, but the issue was important enough that it should be decided by the citizens. Mayor Morgan said he felt there should be agreement by the Council members on someone in National City to be appointed, without going to election; the Council was responsible to all the people, not just one individual or group. Motion failed, by the following vote, to -wit: Ayes: Hogue, Colburn. Nays: Reid, Morgan. Councilman Hogue stated the idea of calling another executive session was futile. Mayor Morgan said he would not call another executive session unless requested by Council. MOVED BY COLBURN, seconded by Reid, the meeting be closed. Carried by unani- mous vote. The meeting closed at 10:23 p.m. ATTEST: MAYOR, CIOF NATIONAL CITY, CALIFORNIA 5/3/66