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HomeMy WebLinkAbout1965 10-05 CC MIN23 THEMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 5, 1965 The regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. Council members present: Alien, Colburn, Hogue, Gautereaux. Council members absent: Morgan, ADMINISTRATIVE OFFICIALS present: Carstens, DeHaven, Gautereaux, Huffai:er, Minogue, Associate Civil Engineer Newberry, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Rev. F. 0, Compton, Sweetwater Assembly of God Church. MOVED BY COU3UR4, Seconded by Allen, the minutes of the regular meeting of September 28th be approved, Carried by unanimous vote. Absent: Morgan. Resolution No. Junior College df the only. Carried "resolution endorsing bond. proposal for the Sweetwater District" was presented. Moved IX' Hogue, seconded by Allen, the reading o resolution be waived and it be adopted by reading of the title by unanimous vote. Absent RESOLUTION NO, 9010, "REESOLUTION ENDORSING 30ND PROPOSAL FOR THE SWEETWATER JUNIOR COLLEGE DISTRICT," Moved by Hogue, seconded by Allen, the Resolution be adopted. Carried by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan. MAYOR GAUTEREAUX announced he was requested to proclaim October 17th as "SOUTHWESTERN COLLEGE DAY". Moved by Hogue, seconded by Allen, the proclamation be approved. Carried by unanimous vote. Absent: Morgan. MAYOR GAUTEREAUX announced there would be a meeting of the Mass Rapid Transit Committee at 10:00 a.m., Saturday, October 16th, in the Small Auditorium, Community Concourse, San Diego, to explain the Schrade-Mills Bill. The Mayor stated .the Bill would be discussed in detail by members of the Committee and by the authors of the Bill; Council Candidates, members of the City Council and the public are invited to attend, DR. ROBERT FRAZER, 321 D Avenue, Chula Vista, representing the Chamber of Commerce, was present and stated a Chamber Committee studied the route of Inland Freeway 805 and they were concerned with the interchange at Plaza Boulevard; they were also concerned with the engineering plans to allow only freeway to freeway access from 805 and 54 at Sweetwater Road. Dr, Frazer stated the Board of Directors of the National City Chamber of Commerce adopted a Resolution urging the State Division of Highways to provide a full cloverleaf interchange at Plaza Boulevard and Freeway 805 to take care of the heavy traffic flow predicted for present and future needs and to provide on and off ramps from Freeways 805 and 54 in the general vicinity of Sweetwater Road, to provide the proper utilization of adjacent land and requested the City Council adopt a similar resolution. Moved by Allen, seconded by Colburn, the City Attorney be directed to draw up a resolution to fit the City of National City backing up the Chamber of Commerce in regard to these interchanges. Carried by unanimous vote. Absent: Morgan. THOMAS H. HITS, 932 East 21st Street, was present and stated Ed Alsdorf reported his hedge was a traffic violation; the hedge was checked by the Planning Depart- ment and was found to be all right. Mr. Hite reported Mr. Alsdorf's backyard and alley constitute a fire hazard; Hr. Alsdorf has no sidewalks and children either have to walk over his flowers or in the road and Mr. Alsdorf says he worries about people being hurt. Moved by Hogue, seconded by Alien, Mr, Alsdorf's property (2105 "J" Avenue) be checked for fire and health hazard and a report brought back to Council, Carried by unanimous vote. Absent: Morgan. 10/5/65 240 RJBEN DOi-IIH•3u2Z, 127 East 3rd Street, was present and stated he was a member of the San Diego Advisory Committee on Mexican -Americans and he was present to clarify questions raised in regard to the setting up of neighborhood centers in National City. Mr. Dominguez stated the question was raised as to the necessity for the program and whether or not outsiders were coming into the City and creating jobs for themselves under the War on Poverty Program. Mr. Dominguez outlined the qualifications for the directors: must be a high school graduate and must live in National City, Otay, or San Ysidro. Mr. Dominguez stated National City residents such as Jesse Ramirez and Alex Torres were members of the Committee. Mr. Dominguez said the program would not cost National City anything, they were asking for Federal Funds to set up a grass roots movement. Mr. Dominguez stated one of their members who appeared before the Council to oppose the program also went before the National School District and asked for an extension of the "Held Start" Program which indicated to him there was a need in the community. Councilman Hogue asked if the Human Relations Committee was consulted in regard to the program and stated he hoped the members of the San Diego Advisory Committee on Mexican -Americans who were present would answer the question. Mayor Gautereaux pointed out hearings w erescheduled for 8:00 p.m. and discussion of the program of the San Diego Advisory Committee would be interrupted at that time if not completed. ALI+I3NSO R. CAUDILLO, Consultant, Citizens' Interracial Committee of San Diego County, 520 3 Street, San Diego, was present and stated the Federal Government was conducting a survey of American- ization Programs in San Diego County; there were many aliens in San Diego County, an estimated 3 5,000 Mexican immigrants. Mr. Caudillo said there was some doubt about whether or not the Americanization Programs in the schools m ached the Mexican immigrants. Mr. Caudillo said there was a need for persons who understand these Mexican immigrants and who can communicate with them; our way of government demands participation; and the immigrants cannot participate because they cannot vote. Mr. Caudillo said it was not the responsibility of any one group, but of every citizen in the community. Mayor Gautereaux asked if the survey revealed the number of Mexican immigrants within National City or the South Bay area. Mr. Caudillo stated the survey was in process and not complete. Councilman Hogue asked if there was such a problem and if what he based his opinion on was true, how did Mr. Caudillo fit into the program. Mr. Caudill o said as an indi vk.dual, he was a consulant, it was the only proper': way to maintain a spirit of togetherness and it was necessary to conduct a survey within the City and bring itt•e the attention of the responsible organize. ations; they worked through discussion groups, forums, conferences, and attempted to solve some of the problems. Councilman Hogue asked if Mr. Caudillo was a trained social worker. Mr. Caudillo stated he was. Councilman Hogue asked in what aspect and whether or not he had a degree. Mr. Caudillo stated he was a student of sociology but had no degree in it. THE USE DISTRICT HEARING on the proposed zone change From R-4, Multiple Residence, to C-4, Wholesale Commercial Zone, between "A" and "B" Avenues, 16th to 30th Street, was held at this time. City Clerk Minogue read a letter of protest from Alfred C. Boyer, owner of property on the tW corner of 21st Street and "B" Avenue. Zenaido Villalobos, 2730 "B" Avenue, was present and protested the zone change as there was already more commercial zoned land in the City than there was need and because he wished to protect the value of his home. Merle Stedman, 2725 "C" Avenue, protested the change on behalf of his friend J.D. Mann saying the American home comes first. Mrs. Contreras, 2711 "B" Avenue protested the zone change. David O. Covey, 1911 "B" Avenue, protested the zone change saying the additional commercial area was not needed. F.R. Mourian, 2721 "B" Avenue, protested the zoning change and stated the automobile agency located between 26th and 27th Streets is unsightly because of weeds, etc. and the auto agencies use the City streets for changing of tires a nd -unloading. new cars. Mr. Hournian also stated the General Plan does not call for re -zoning of the area. Henry Sage, 2715 "A" Avenue, protested the change and said if the Council voted for it, it would be the first step towards urban renewal and everyone in the area could expect to be evicted from their homes. J.D. Mann, 130 East 28th Street, protested the zone change saying more development was needed on National Avenue and not between "A" and "B" Avenues. Vice Mayor Allen said he was neither pro nor con, an offer was made to the City for the purchase of some land and the Council requested the "Tanning Commission to determine if a zone change would be applicable to the area; the Council was 10/ /65 241 not trying to change the zone. Bob Worthy, 1223 Manchester Avenue, a member of the NlmondcgoCKARKNOWNNW7was present and stated if the Zone was changed to C-4, he would request a Planned Development type of zoning. Charles W. Reed of 27th Street protested the change. Sylvia :feller, 1925 "A" Avenue, protested the change, and said she signed a petition against the change along with 90 other people and thought the petition would be sufficient. Mayor Gautereaux stated the petition protesting the change was a matter of record and was considered at the Planning Commission hearing. Moved by Allen, seconded by Hogue, the hearing be closed and referred to the Director of ?lanning. Carried by unanimous vote. Absent: Morgan. Director of planning Stockman read the Planning Commission's September 13th recommendation to deny the change of zoning to C-4. Mrs. Stockman reported the Planning Commission initiated the application for the C-4 Zone Change and although the Council requested only a determination as to whether or not the change was applicable to City owned lands, the Planning Commission acted on the whole area as they felt the smaller area would be spot zoning. The Director of ?lanning displayed a chart on the wall showing the number of residents opposed to the Zone Change. Moved by Allen, seconded by Gautereaux, the recommendation of the ?lanning Commission to deny thezone change be approved. Councilmen Colburn and Hogue spoke against the motion. Councilman Hogue asked the City Attorney if it would be possible to zone it C-2 and leave the rest R-1 until the people request a change to C-2. City Attorney Carstens said there was provision in the zoning ordinance now for non -conforming uses; if an individual was using his property as residential it would continue to be used as residential as long as he desired; to re -zone the area would not mean termination of residential use. Councilman Hogue asked if taxes would increase. 7ice Mayor Allen stated the assessed valuations would be changed. The City Attorney stated it would not necessarily mean an increase although it was possible. dice Mayor Allen stated the 'lanning Commission was requested to find out about the zoning between 22nd and 30th Street and they took in other properties where there were many residents; if the Council went along with the recommendation of the Planning Commission and if the auto agencies came in with bona -fide plans for specific locations it might be poss- ible to go along with their requests; the situation now is unfair, the re -zoning of the entire area was not requested. Director of PJaaning Stockman said the hearing could be continued to another meeting and the auto agencies could attend and present plans; once the area was advertised, it could not be enlarged, but the advertised area could be reduced. Mayor Gautereaux stated a number of people have vested interest in property and the zone change would affect their property and the protests were consistent with the area; he would give credence to the protests and support the Planning Commission's recommendation and observations. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hogue, Absent: Morgan. THIS USS DISTRICT HEARING on the proposed ordinance change to establish a buffer zone of landscaping and fencing where C-4 (Wholesale Commercial) Zone faces or is adjacent to residential property was held at this time. The City Clerk reported no written protests were received. No one was present in this regard. Moved by Hogue, seconded by Colburn, the hearing be closed. Carried by unanimous vote. Absent: Morgan. Director of Planning Stockman stated it was the Manning Commission's thinking if the area from "A" to "B" 16th to 30th was re -zoned to C-4, the ordinance should be changed to establish a buffer zone for adjoining residential property. Councilman Colburn asked if the ordinance was changed would it pertain to future C-4 Zoning only. Director of Planning Stockman stated existing C-4 would have to conform. Mayor Gautereaux said there were certain aspects that would be good to consider in regard to amending the ordinance; it might be dangerous to adopt the change and affect all existing C-4 establishments. Councilman Hogue stated the original purpose of the hearing for the zone change was to supplement the hearing on the zone change from R-4 to C-4 and was not intended to affect existing C-4, and if the two hearings were related, the ordinance change would pertain only to new development. City Attorney Carstens said it might be explained by stating the ordinance change would be applied all C-4 property, not just a particular portion and by application it could apply only to future developments; if someone has developed C-4 property in a manner inconsistent with the ordinance change it would have no effect on him, you cannot legislate retroactively; it would be prospective only in nature. Mayor Gautereaux stated he stood corrected. City Attorney Carstens stated the ordinance change would apply to existing undeveloped 10/5/65 *Circulation and Traffic Committee, General Plan Corrected 10/19/65 242 ** C-4 Zoning. Motion carried by the fellomi.ng vote, to -wit: Ayes: Allen, Colburn, Hogue. Nays: Gautereaux. Absent: Morgan. Moved by Allen, seconded by Colburn, the City Attorney draw up an ordinance. Carried by unanimous v.,t. Absent: Horgan. THE USE DISTRICT HEARING on proposed zone change from R-4 Multiple Residence to C-2-P-D, Commercial Planned Development Zone,the the area of the SE Corner of 24th Street and "B" Avenue was held at this time. The City Clerk reported no written protests were received. There was no one present in this regard. Moved by Hogue, seconded by Colburn, the hearing be closed and the recommendation of the Planning Commission be read. Carried by unanimous vote. Absent: Morgan. Director of Planning Stockman read the Planning Commission's recommendation of September 13th the zone change not be approved. lice Mayor Allen stated in this instance the Real Estate Committee recommended to the Council the Manning Commission study and make a recommendation in relation to the hospital; the C-2-P-D Zoning for the hospital became entangled with the proposed C-4-Zone Change; this was a planned unit and would be wonderful for the development of National City. Moved by Alien, seconded by Colburn, the Planning Commissiodt recommendation be over -ruled and the hospital be permitted to move in. Council- man Hogue said he was under the impression the people who protested the C-4 zone change were also against the hospital. Director of Planning Stockman said this was not true; there were oral protests against the C-4, but there were no protests written or oral against the hospital. The Director of Planning stated as the hospital has an option on an additional parcel (the Olivewood Housing Office) which was included in the C-4 hearing, the Council might want to put it into the C-2-?-D. City Manager Osburn stated they had an option only. lice Mayor Allen said if they decided to purchase the parcel it could be zoned at that time. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan. THE USE DISTRICT HEARING on the proposed ordinance chanal to require a four foot setback, landscaping, decorative front and fencing all outside storage in all Manufacturing and Industrial Zones was held at this time. The City Clerk reported no written protests were received. No one was present in this regard. Moved by Allen, seconded by Colburn, the hearing be closed and the Director of Manning make a report. Carried by unanimous vote. Absent: Morgan. Director of Planning Stockman reported the proposed ordinance change was requester by the National City Chamber of Commerce upon recommendation of the City Beautification Committee and would extend Bahia Industrial Center zoning to include all Manufacturing and Industrial zones with the exception of Highland Avenue; the Planning Commission recommended the ordinance change be adopted. 'lice Mayor Allen asked the City Attorney if it could be included in the ordinance to establish a buffer zone in C-4. City Attorney Carstens stated it could be adopted in the same ordinance; they both amend Ordinance c62` Moved by Allen, seconded by Hogue, the Planning Commission's recommendation be approved and referred to the City Attorney and be included in the same Ordinance as the buffer zone. Carried by unanimous vote. Absent: Morgan. THE USE DISTRICT HEARING to establish zoning on the proposed "MORRISON ANNE)t- ATION" was held at this time. City Clerk Minogue reported no written protests were received. No one was present in this regard. Moved by Allen, seconded by Colburn, the hearing be closed and the Director of :Manning report. Carried by unanimous vote. Absent: Morgan. Director of Planning Stockman read the Planning Commission's recommendation of September 13th a C-2-A Zone be estab- lished; a communication was received from the State Division of Highways recom- mending the zoning be denied as the area lies almost entirely within the area required for the proposed Route 54 or the Sweetwater Flood Channel and the property will be required for highway use; but as the annexation lies within the area the Planning Commission has planned for a motel -hotel area and in view of present C-2-A zoning surrounding this property the C-2-A zone was compatible. Moved by Allen, seconded by Gautereaux, the Planning Commission's recommendation be approved. Councilman Colburn said the property will be used for freeway and flood control channel and if it remained vacant, it would save the tax- payers' money; zoning C-2-A and permitting development under the zoning would only increase the cost of the Freeway and Flood control Channel. Councilman Hogue stated he sympathized with Mrs. Morrison, but he has noticed people building in the right-of-way of this new Freeway; people want to get what they 10/5/65 ** Council voted two times, o single motion. 213 can out of the Government. Moved by Colburn, Commission's recommendation be over -ruled and by the following vote, to -wit: Ayes: Allen, None. Absent: Morgan. seconded by Hogue, the Planning the re -zoning not allowed. Carried, Colburn, Hogue, Gautereaux. Mays; THE CONTINUED HEARING ON THE "NORRISON ANNEXATION" was held at this time. City Clem: Minogue read a letter from Mrs. Mary Frances Morrison, 3404 Darling Lane, protesting the annexation if C-2-A Zoning was not established and if sewer easements had to be given. Mrs. Mary Frances Morrison was present and withdrew her request for annexation. Moved by Alien, seconded by Colburn, the hearing be closed. Carried by unanimous vote. Absent: Morgan. MAYOR GAUTEREAUX stated before continuing with Oral Communications he would' call a five minute recess. THE MEETING WAS CALLED back to order by Mayor Gautereaux at 9:17 p.m. Council members present: Allen, Colburn, Hogue, Gautereaux. Council members absent: Morgan. LAR_iY MONTOYA, Program Director, San Diego Advisory Committee on Mexican -Americans was present and stated the Committee was a non-profit organization recognized by the State of California and the Federal Government. Mr. Montoya stated the Committee recognized a need for the program and 10 educators have volunteered to donate a total of 120 days of their time to help; the City of San Diego recognized the need for their services and made the Recreational Center in San Ysidro available for their program. Iir. Montoya said the traditional Welfare program failed to reduce the ranks of the poor in California; he hoped if the program was successful there would be no Mexican boys who could not find employment because they did not speak English. Nr. Montoya spoke of the prejudice against minority groups ; told the Council to visit their own Comm- unity Center to see what goes on; and referred to the closing of the Palladium. '4r. Montoya spoke of the lack of education and of school drop -outs. Mayor Gautereaux stated National City has a Human Relations Committee and other cities have such committees; and asked if in the Committee's work with other cities such programs as Mr. Montoya's were initiated through Human Relations Committees. Mr. Montoya said such Committees were to establish a line of comm- unications, the City of San Diego took the initiative to establish the program, there were criteria. Mr. Montoya said there were qualified people who were unemployed and others who were on Welfare and his Committee wanted to find out what the problems really were and let the people know meaningful help was available. Mayor Gautereaux asked if any Human Relations Committee has under- taken this kind of service. Mr. Montoya said they were not able to talk to all organizations; their work was volunteer and they were not available at all times. Councilman Hogue stated Mr. Montoya implied what he called the Mexican -American child was ignored in National City; and he sincerely did not believe Mr. Montoya had grounds for the statement; they participate in recreation, schools, clubs, swimming teams, etc. and he did not believe Mr. Montoya could validate the statement; it Bounded good and might be true in some cities but if Mr. Montoya looked into National City he would find what he was saying was not true. Councilman Hogue stated he hoped Mr. Montoya would have sincerely the needs of these people in his heart; he hoped it could be determined if a need existed, and if so, Mr. Montoya would tell him exactly what he intended to do for these people. Councilman Hogue said if the leaders feel Mr. Montoya can do it and the Human Relations Committee approved and they feel there is a need, the City would go ahead with him; if there was proof there was a'need for the program, and the people would use the program, he would go along with it. Councilman Hogue stated no one has yet told him they have made a survey in National City or talked to the Human Relations Committee and asked on what Mr. Montoya based his statement there was a need for the program in the City. Councilman Hogue stated Mr. Montoya should make sure what he was saying was true. Mr. Montoya said many areas, including National City, need the program; he has been dis- criminated against and there were many TTMontoyas" in National City fighting their own war on poverty; they planned to try to motivate these people. Mr. Montoya said for example if people have to appear before the Council they are nervous, a man who does not Speak English, or who does not speak English well, could not appear because he would not have the words to defend himself. 10/5/65 244 Mr. Montoya said in an exchange between a Welfare worker and a Mexican -American, the Mexican -American was not able to convey what his needs were. Councilman Hogue said Mr. Montoya was making lots of statements but was not showing proof what he was saying was true. Councilman Hogue said he taught in a school where there was an Americanization Program and he had knowledge of its scope. dr. Montoya said he knew of one instance of discrimination where a Mexican - American was fired from his job as school superintendent because he was Mexican - American. Councilman Hogue asked if the man was fired for this reason or because of some other reason and asked if Mr. Montoya could prove his statement, and if he could, why didn't he try to stop it. Councilman Hogue said this just does not happen in our community, Councilman Hogue stated Pair. Montoya said he had a program and asked what it was and what it would do that the schools or Welfare can not do. Mr. Montoya said they submitted the program to the City Manager and the Mayor before requesting office space in housing. Bob Peer, 1508 Harding Avenue, an employee of the Department of Social Welfare, was present and stated Councilman Hogue's questions were well taken; it was hoped the program of the San Diego Advisory Committee on Mexican -Americans would bridge the gap between the persons who do not take advantage of the services now offered and the agencies offering them, not only the Mexican -Americans but others as well. lir. Peer said of the total'85 unemployed in San Diego County, 285 are Mexican -Americans. Mr. Peer said the Committee planned to go out into the community; the Federal Government will provide the necessary funds only; the San Diego Advisory Committee was the sponsoring agency on1Y. Mr. Peer said he was a long-time resident of National City and knew the needs of the community. Mayor Gautereaux asked if he would expand on the program. Mr. Peer said they aimed to set up centers where people could come and indicate their needs and professionally trained people could tell them where the resources were for them; it would be multi -purpose: education, welfare, social, economic and recreational opportunities, etc., they honed to complement existing programs. Mayor Gautereaux asked how this program would reach those people reluctant to use existing programs. Mr. Peer stated he hoped they would be able to communicate with them. Daniel Castro, 1720 Cotton, San Diego, Chairmawr of the San Diego Advisory Committee on Mexican -Americans was present and stated. their main aim would be to reach disadvantaged Mexicans; as they were of Mexican de ent and spoke Spanish they would be better able to:oommunicate with them. Mr. Castro stated the educational system, Welfare and Probation were all doing good jobs but did not go far enough; the President and Congress passed the legislation to help these people. Mayor Gautereaux stated last week a family appeared before the Council and said if there was a need in the community, the community could handle it. Mayor Gautereaux asked if the program would complement the "Head Start" Program. Mr. Castro said it would not just comple- ment the "Head Start" Program but many other programs, they had many professional services available to them; there was a need to recognize the problems that did exist. Mr. Castro said he was glad the Mayor mentioned the Rubios appearance before the Council; he talked to Mr. Rubio and asked him to become active in the Committee again, but apparently he was not listening as his testimony showed he had not listened to the proposals in their program. Vice Mayor Allen stated he was not pleased with the constant reference to Mexican -Americans, if a person was born here or was naturalized, he was an American. The Vice Mayor asked if the program would be available to others such as Puerto Ricans, Filipinos, etc. Mr. Castro answered they would be required by law to help anyone requesting their services. Mayor Gautereaux stated the Council was not in position to make a decision at this time and would consider it at a later date. HRS. HARLAN DWIERE, 6040 Tonowanda Drive, San Diego, was present and stated she read of the proposed de -annexation of Paradise Hills'from the City of San Diego and annexation to the City of National City and she was for it. Mrs. Dwiere said if sufficient names were signed to the petitions to be circulated it would require a City -Wide vote in San Diego and 515 vote favoring the de -annexation would be required; it was unreasonable. Mrs. Dwiere stated as the residents of Paradise Hills use National City's facilities such as streets and sewers and San Diego gets their taxes, it seemed the Council should be able (if propeiTh y petitioned) to show cause why this should not be National City; the Council should show there would be protection facilities for the Paradise Hills people if they did annex to National City, Z.M. Shoemaker, 952 Potomac, San Diego, President, Paradise Hills Community Council, was present and stated he was 10/5/65 245 appearing on his own behalf; they were interested in the annexation; Paradise Hills was no longer just acres of brush east of town, but a community with a population of 16,000 people. Mr. Shoemaker said the mayor and Council owed. the residents the consideration of coming to Paradise Hills when there is something as complex as this so they will know what is being done and what they can expect. Mayor Gautereaux.said before annexation could be accepted or the area de -annexed the Local Agency Formation Commission was the agency that would evaluate whether or not economic burdens would be thrown on the community being annexed or to which it was to be annexed and they would have the final say. The Mayor said there were economic factors to be faced (services, sewers, streets, water, etc.) which could become a cost to the residents of National City unless it was an outright gift and the City could not stand the expense; there were many problems; the Council realized it would be a real asset and if a magic wand could be waved to make it happen the Council would be overjoyed. The Mayor continued the two policy making bodies of the Cities would have to be considered and many things would have to be brought in to accomplish it. The Mayor said it would be unwise for members of the City Council to appear before the residents of Paradise Hills; and whether it would require a vote of the entire City of San Diego, or only those affected, he could not say but he felt many complications could arise unless there was a meeting of the minds between the two entities. Vice Mayor Alien said he would be tickled to death to wake up some morning and find Paradise Hills part of National City, but the Council did not instigate this, the Council could not do it if they wanted to; it was the Jaycees who did it. The Vice Mayor said if it came to the point where San Diego and National City could agree, it would be wonderful; but it would have to be taken before the Local Agency Formation Commission. Mrs. Beverly Mortier, Manos Drive, San Diego, was present and said the people wanted to annex to National City if they could and they would like the Council to help them; if National City said they wanted Paradise Hills San Diego might get rid of them that much quicker if the Council would only commit themselves. Mrs. Mortier said they were asking the Council to take them; everyone seemed to be in favor of it; they wanted the Council to want them. Councilman Hogue asked if the Council could indicate to these people that if they secure the proper number of signatures on the petition and San Diego agrees to have it placed on the ballot the Council would be willing to accept them as part of the community. Mayor Gautereaux stated if the de -annexation was accomplished through the Local Agency Formation Commission, only Council action would be required to accent the annexation and, if it was in the best interest, the Council would be happy to accept them. Mr. Shoemaker asked if the Council had anything to do with the proposed annexation or was it only the Jaycees who were involved. Mayor Gautereaux said the Jaycees recognized the area by location and topography conceivably should be part of National City; it was also recognized by Hr. Shoemaker, Mrs. Dwiere and Mrs. Mortier, and many others in the community; a good case could be built to support this and if handled discreetly it could be brought to a successful conclusion. The Mayor suggested they meet with the Local Agency Formation Commission and State their case on the supposition de - annexation is instigated find out how they would feel. Director of Planning Stockman said she was working with the Jaycees, an application to the Local Agency Formation Commission was ready to go out this week for their action and it would be in order for them to pick up a copy in her office. Mrs. Stockman said the Commission would want to know the answers to two questions from National City: Would National City be interested in accepting the annexation if they successfully de -annex from San Diego? How would the City of National City provide for the services in that area and how soon could they provide the services if this goes through? Mrs, Stockman said the Formation Commission will have to know the answers before they would answer whether or not they would consent to the de -annexation, Mayor Gautereaux asked how the Council could give such answers since it is not known what the City of San Diego is willing to give as a gift and what would have to be paid for in dollars and cents. Mrs. Stockman said that has hindered her and the only solution seemed to be the two City Managers and the various Departments in each City get together to start working on an investigation of what it would do to National City and how it could be done, and what San Diego would want. Moved by Colburn, seconded by Gautereaux, the City Manager be authorized to start preparing the necessary information and to confer with San Diego to get these facts. Councilman Hogue asked if the purpose was to have a meeting of the 10/5/65 246 two City Managers. Councilman Colburn stated he would like the City Manager to answer the two questions the City rlanner said had to be answered. Vice Mayor Alien said we would have to know the cost factors and the time of the two City Managers might be wasted if the Local Agency Formation Commission would not go along with it. Motion carried by unanimous vote. Absent: Morgan. PAYROLL AUDITED BY Allen, seconded by for same. Carried Gautereaux. Nays: THE FINANCE COMMITTEE was presented: $61,706.74. Moved by Hogue, the payroll be approved and warrants ordered drawn by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, None. Absent: Morgan. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety Park Retirement Sewer TOTAL $10,966.05 1,323.08 1,722.33 5,445.22 1,792.95 $21,249.63 Moved by Allen, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan, ASSOCIATE CIVIL ENGINEER NEWBERRY read a report in regard to possible City assistance in the improvement of "M" Avenue from 14th to 16th as requested by John R. and Flora Knight. Mr. Newberry said the total cost of drainage was estimated to be $12,702.25, total cost of street construction was estimated to be $15,092.50, a combined total $27,794.75. Mr. Newberry said if the work was to be accomplished under a 1911 Improvement Act approximately $1,300 would have to be added for incidental expenses. Mr. Newberry said there were two drainage projects ahead of this in priority and the work might be accomplished in 1966-67 or 1967-68 fiscal year; the street construction under a 1911 Act would be 12th on the list and it would be one and a half to two year* anyway; however, if a private engineer was hired to handle it as on the improvement of 9th and X, it could go to bid within six months, Moved by Hogue, seconded by Colburn, the report be accepted. Carried by unanimous vote. Absent: Morgan. Mayor Gautereaux asked what direction the Council desired to give as to priority. Vice Mayor Allen stated no petition was received for the improvement; if there was 9 petition the City should participate as on other projects. Moved by Hogue, seconded by Gautereaux, when a petition is presented to the Council the matter be re -opened and discussed, Carried by unanimous vote. Absent: Morgan. CITY CLERIC MINOGUE reported sealed bids were opened at 3:00 p.m. October 4th fox ten four door sedans for the Police Department: Center City Motors $19,824.80, McCune Motors $17,714.83, and Stanley Dodge-Simca $19,139.20. City Manager Osburn stated he would like to study the bids and make a recommendation at a later date, Moved by Hogue, seconded by Allen, the City Manager's request be approved. Carried by unanimous vote. Absent: Morgan. A COMMUNICATION FROM BOB GIBSON, Chairman, South Bay Pioneers, requesting the use of 250 chairs on October 10th at their Fourth Anniversary Meeting, was presented. Moved by Allen, seconded by Colburn, the request be approved for a fee of $1.00. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan. A COMMUNICATION FROM MRS. DONALD SEILER, President Sigma Phi Gamma Sorority requesting waiver of license fee for a rummage sale at the Masonic Temple on October 16th and the Business License Clerk's recommendation to approve, were presented. Moved by Allen, seconded by Colburn, the request be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux Nays: None. Absent: Morgan,+ AN APPLICATION FOR PERSON -TO -PERSON TRANSFER of on -sale beer license by Shirley J. Bennett, dba Lefty's Pizza Parlor, 831 East 8th Street, was presented. Moved by Hogue, seconded by Alien, it be filed. Carried by unanimous vote. Absent: Morgan. 10/5/65 247 A COMMUNICATION FROM EDITH SHERMAN, Manager, National City Chamber of Commerce, requesting the use of tables, chairs, platform for reviewing stand, bleachers, barricades, and curb blocks at the "SALUTE TO NAVY WEE " parade and cake decora- ting contest on Saturday, October loth was presented. Moved by Allen, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Morgan. A COPY OF A COMMUNICATION FROM LT. A. J. CRACOLICI to W. E. Cagle, Chief of Police, in regard to leave of absence was presented. Moved by Allen, seconded by Hogue, it be filed with the City Manager. Carried by unanimous vote. Absent Morgan. A COMMUNICATION FROM GOVERNOR EDMUND G. BROWN outlining his views on local cigarette tax income was presented. Ordered filed by unanimous vote. Absent: Morgan. CITY MANAGER OSBURN read the minutes of the Civil Service Commission's special meeting of October 4th covering the hearing on the Police Sergeants examination. Moved by Allen, seconded by Colburn, the recommendation of the Civil Service Commission the three top names appearing on the .'Police Sergeant examination given August 16th and 19th be certified be approved. T.J. Curtis, 1441 "N" Avenue, was present and appealed the decision of the Civil Service Commission in regard to the promotional examination for police sergeant. Mayor Gautereaux said the Chairman of the Civil Service Commission indicated Mr. Curtis should bring the matter before the Council and asked the City Attorney if the ruling of the Civil Service Commission was final or if the Council had the right to challenge the examination. Mr. Curtis said he wanted to present his views; he presented a written protest to the Civil Service Commission which was referred to the City Attorney; the City Attorney disqualified himself and suggested it be referred back to the organization which prepared the test along with a request by the Civil Service Commission as to the basis for the correctness of the "keyed" answers; their expert disqualified himself on 5 of the 17 questions on lack of legal knowledge or ambiguity. Mr. Curtis said at the special meeting of the Civil Service Commission it was voted to uphold the examination; he had docu- mented evidence substatiating the answers he gave on the examination. Mr. Curtis asked the Council to disapprove the decision of the Civil Service Comm- ission and appoint an impartial qualified committee to study the examination and abide by their recommendation. City Attorney Carstens stated Ordinance 1076 said "candidates may appeal to the Commission their score in any stated examination...tentative judgement of the suitability or appropriateness of the examinations are not grounds for appeal...the decision of the Commission shall be final." The City Attorney said he did not find any provision for right of appeal to the Council. The City Attorney stated he suggested to Chairman McGrath if there was something wrong with the exam, it should be up -graded, but that is an independent matter. City Attorney Carstens stated if Mr. Curtis could prove him wrong, or if there was something in the Ordinance he had not found, he would be glad to change his opinion. Mr. Curtis said he had legal advice and if the Council is unable to act on this it may possibly have to be taken to court. Motion carried by unanimous vote. Absent: Morgan. CITY MANAGER OSBURN reported receipt of the certificate for progress payment No. 5 for the Civic Center in the amount of $98,385.65, approved by the architect, and the contractor and recommended payment be made. Moved by Colburn, seconded by Hogue, payment be approved and warrant ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan. CITY MANAGER OSBURN said in regard to the Civic Center the structural engineer, the architect, public wokss,�fdir�ector and building inspector recommended a continuous rigid inspector,for the period during which the roof and other structural parts of the building are poured. The City Manager said they recomm- ended Mr. Ed Bell, Testing Engineers, Inc., and it is estimated the cost will be from $1,900 to $2,500. The City Manager recommended the expenditure be made. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Absent: Morgan. 10/5/65 248 CITY MANAGER OSBURN reported receipt of a request for an over -sized driveway by the Union Oil Company at 16Ch and Highland Avenue; this will go through the Engineering and Planning Departments and be on the Agenda for the next meeting for recommendation to the City Council. CITY MANAGER OSBURN reported the Kenneth L. Blanchard Post of the American Legion requested the use of the Civil Defense vehicle to drive in the "SALUTE TO NAVY" parade. Moved by Alien, seconded by Colburn, the request be granted. Carried by unanimous vote. Absent: Morgan. CITY MANAGER OSBURN reported a First Aid Class was started Monday by the Civil Defense Department, and will meet Loom 3:30 to 5:00 p.m. on Monday, Tuesday, Wednesday, and Friday. CITY MANAGER OSBURN reported the John Burnham Company requested a meeting with the City and the Altrusa Club and asked that a meeting of the teal Estate Committee be called for 4:00 p.m. October 22nd. Mayor Gautereaux called the meeting in the absence of Councilman Morgan, Chairman, Real Estate Committee. CITY MANAGER OSBURN reported receipt of a decision from the public Utilities Commission authorizing the San Diego & Arizona 3astern Railway Company to construct a spur track: at grade across Wilson Avenue in National City at the location described in the application (No. 47710) as Crossing No. 36-5.33-C. CITY MANAGER OSBURN reported Southwestern College requested permission for a homecoming motorcade on Highland Avenue at 12:30 p.m. on October 23rd. Moved by Allen, seconded by Colburn, permission be granted. Carried by unanimous vote, Absent: Morgan. ASSOCIATE CIVIL ENGINEER NEWBERRY reported the construction work on 16th Street was completed and the application of slurry seal coat to 80 city blocks began that morning. DIRECTOR OF PARKS GAUTEREAUX reported the grass was up at El Toyon 'ark, DIRECTOR OF PLANNING STOCi:AN reported a meeting was arranged between the architect for the Senior Citizens facility and the staff at 4:00 p.m,, Thursday 0 tober 14th. Mayor Gautereaux suggested the meeting be re -scheduled for the following week. MAYOR GAUTEREAUX announced there would be no Council meeting Tuesday, October 12th, due to the League of California Cities Conference in San Francisco. Moved by Allen, seconded by Colburn, to dispose of next week's meeting. Carried by unanimous vote. Absent: Morgan. MOVED BY.AT.TPN, Seconded by Colburn, the meeting be closed. Carried by unanimous vote. Absent: Morgan. The meeting. closed at 10:44 p.m. ATTEST: CITY CLERK 10/5/65