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HomeMy WebLinkAbout1965 10-19 CC MIN249 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 19, 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, Morgan, Gautereaux, Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Huffaker, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Councilman Morgan. MOVED BY ALLEN, seconded by Colburn, the minutes of the regular meeting of October 5th be approved with the following correction: Page 241, first line should read "Bob Worthy, a member of the Transportation and Circulation Com- mittee, General Plan", not Planning Commission. Carried by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: None. Abstaining:' Morgan. RESOLUTION NO. 9011, "RESOLUTION REQUESTING A FULL CLOVERLEAF TYPE INTERCHANGE AT INTERSECTION OF PLAZA BOULEVARD AND FREEWAY 805," was read. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the follow- ing vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS presented a resolution regarding the Morrison Annexation. prepared as a result of the protest made at the hearing on October 5th. Moved by Allen, the Resolution be held in abeyance. Motion died for lack of second. Mayor Gautereaux stated Mrs. Morrison was present and bad requested she be heard. Moved by Morgan, seconded by Allen, the Resolution be held until Mrs, Morrison was heard during Oral Communications. Carried by unanimous vote, ORDINANCE NO. , an ordinance amending Ordinance No. 962, zoning ordinance of the City of National City, California (Adding Par. Q to Sec. 10 and Sec. 4,32) was presented for the first reading. Moved by Allen, seconded by Morgan, the first reading of the ordinance be by'title only. Carried by unanimous vote, ORDINANCE NO. "AN ORDINANCE AMENDING ORDINANCE NO, 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA," CITY ATTORNEY CARSTENS stated each member of the Council was supplied with a copy of the proposed code for National City prepared by Cleveland Smith; Mr. Smith indicated an interest in having the Council consider the code for adoption; the procedure to be followed would be the adoption of a resolution setting up a public hearing, holding the public hearing on the adoption of the code, and adoption of the code by the Council. The City Attorney said in talking to Department Heads about the subject matter of the code it appeared certain of them have recommendations and some of them have not seen it; as it will be the sum total of all efforts to end up with one good piece of work, it seemed feasible to have each of the Department Heads evaluate his particular sections of the code and come up with recommendations so it will be in proper form. The City Attorney suggested the Council might want the advice of the individual Department Heads and the opportunity to consult with them; some of the Department Heads felt they had not been directed to make recommendations; but the Council should have their recommendations on their particular depart- ment. The City Attorney suggested the Council consider having each Department Head review the code and make such recommendations as are warranted and also proposed changes, if any. Moved by Colburn, seconded by Allen, the City Attorney's recommendation be approved. City Manager Osburn stated since only a few copies of the code were available, if the members of the Council were finished with their copies, it would be appreciated if they were made available to the Department Heads, Carried by unanimous vote. City Attorney Carstens suggested a time limit be set. The City Manager suggested three to four weeks. Moved by Colburn, seconded by Hogue, four weeks be allowed for review of the A Carried by unanimon< vote 250 MOVED 3Y MORGAN, seconded by Colburn, the City Manager prepare a report for the Cit Co ncil answering the five foliowin g at 29tffAa ire hazard? (2) Is the land cut toossteeptions•to(1) complyewith CitythesOrdinance? (3) Are autos parking illegally at 28th and A? (4) Is 29th and A being used for mechanical work? (5) Why hasn't escrow closed on the property? Carried by unanimous vote. VICE MAYOR ALLEN read a communication of thanks for the Navy barbecue on behalf on the youngsters under the command of Lt. Crd. E.F. LeDer, signed by Lt. Cdr. and Mrs. E.E. LeDer. COUNCILMAN MORGAN inquired about g Avenue between 8th and 5th Streets, and said since 5th was closed and a banjo installed at Euclid, traffic came down 7 Avenue to 8th Street which was only a dirt street and has a drainage ditch running across it to the North. Councilman Morgan said he talked to the Engineer who stated he would be happy to make a report if we could go ahead with the drainage, Councilman Morgan stated there was money in the budget this year for the drainage. Moved by Morgan, seconded by Allen, the City Engineer be authorized to make a report on paving of the street and drainage at 7 and 8th and 5th. Mayor GautereauM inquired what was meant by "paving". Councilman Morgan replied oiling or blacktopping the surface; the people want a 1911 Act improvement but the street should be oiled before the rains start and before the 1911 Act improvement can be started. Mayor Gautereaux asked if additional right-of-way would. be required. Councilman Morgan stated it would be required for the 1911 Act. Motion carried by unanimous vote. COUNCILMAN MORGAN stated in regard to M Avenue at the ?laza, the Council voted to zone some land for trailers and a Resolution was adopted to close M Avenue without getting a dedication of L Avenue across Plaza Boulevard, and asked if this went through orr_the zoning and if the Street was closed. Director of Planning Stockman stated under the Resolution M Avenue was closed; the zone variance has not been acted upon; the zone variance was contingent on the dedic- ation of L Avenue and no permit will be issued unless it is. Councilman Morgan stated he made the motion to adopt the Resolution but understood L Avenue was to be dedicated before 14 Avenue was closed. MAYOR GAUTEREAUX reported receipt of a communication from the COMBINED ARTS OF SAN DIEGO (COMBO) requesting the week of October 17th to 23rd be proclaimed "COMBO WEEX." Moved by Morgan, seconded by Colburn, the request be granted. Carried by unanimous vote. MAYOR GAUTEREAUX stated he had observed a problem concerning the National School District and the City of National City; the rear of E1 Toyon School faced Division Street and the exit permitted the children who walk from the area of 8th Street to walk down a steep bank. The Mayor said he hoped it would be possible for the City and School District to get together to determine a safe improvement for the children who enter and leave the school from the rear. Mayor Gautereaux recommended the City Manager be authorized to contact the School District. Moved by Hogue, seconded by Alien, the Mayor's recommendation be approved. Carried by unanimous vote. MAYOR GAUTEREAUX stated with the approval of the Council he would appoint Charles Cheneweth, 803 Mary Court, to the vacancy on the Planning Commission created by the resignation of Mr. Colvin. Moved by Morgan, seconded by Allen, the appointment be approved. Carried by unanimous vote. VICE MAYOR ALLEN recognized Mrs. Robert Richards who was seated in the audience. RODNEY SMITH, 541 L Avenue, was present and stated he was speaking for Mrs. Morrison. Mrs. Morrison withdrew her request for annexation subsequent to the denial of C-2-A Zoning. Mr. Smith stated the main reason for the Council denial of the zoning was a letter from the State Division of Highways statingthe annex- ation was within the proposed route of the Freeway and Flood Control Channel through Sweetwater galley; the Freeway and Chanel routes were not firm and neither will be constructed for some time. Mr. Smith Said Mrs. Morrison wished to develop a mobile home park and there is C-2-A property adjacent to hers. 10/19/65 251 Mr. Smith stated Mrs. Morrison wished to withdraw her protest to the annexation. Mr. Smith stated development of the property if annexed' to National City will add little to the City's expenses and will bring in additional tax dollars. Mrs. Edith Sherman, Manager, National City Chamber of Commerce, was present and stated the Chamber is studying the proposed zoning for the annexation. Council- man Morgan asked if the Master Plan indicated C-2-A zoning for the area and if adjacent property was so zoned. Director of Planning Stockman stated the ?lanning Commission thought of C-2-A zoning for the area and hoped it would become a "small Mission Talley" with hotels and motels and it was the recommendation of the Citizen's Committee and the Planning Comsultant the area be so zoned. Council- man Morgan inquired what the status was. Mayor Gautereaux stated the hearing -was closed and the Council denied the annexation in view of the protest; how- ever, the resolution which officially denies the annexation was not adopted; this was the resolution the City Attorney presented earlier in the meeting. Mayor Gautereaux asked if the Council, prior to the adoption of the resolution, had the right to make whatever decision they desire. City Attorney Carstens stated he could not recall the specific provisions of the Code concerning the power of the Council to over -rule a majority protest, if there was a majority protest; he believed there was a provision against withdrawing a protest once it had been made; he would like more time to look into it and make sure it was done properly; if there was no rush he would like to delay it until next week; the resolution could be adopted next week or there could be another resolution next week. Moved by Horgan, seconded by Colburn, the annexation be approved and zoned C-2-A as requested. Mayor Gautereaux stated in view of the City Attorney's statement he was not sure the motion was in order; it might not be legal. Moved by Morgan, seconded by Colburn, the motion be amended to include: if the City Attorney•finds this is legal to go ahead with the zoning and also accept the annexation. City Attorney Carstens stated if there was no legal barrier to approving the annexation, he would have a resolution prepared for next week; the resolution would be for the annexation only; the zoning would be a separate matter requiring an ordinance. On request of the Vice Mayor, Director of ?lanning Stoc'anan read the Planning Commission's recommendation of September 13th a C-2-A zone be established on the proposed "Morrison Annexation". 7ice Mayor' ` Allen spoke against the motion as it required two actions, a resolution to accept the annexation and an ordinance to provide zoning; he was not against pre -zoning, but did not think it should be done within a single motion. :Tice Mayor Allen stated there was no request from Mrs. Morrison for withdrawal of her protest to the annexation. Mayor Gautereaux stated a letter was received from Mrs. Morrison withdrawing her protest and requesting the hearing be re- opened and asked the City Clerk to read it; Mrs. Morrision's letter was read. Mrs. Frances Morrison, 3404 Darling Lane, was present and stated it was her desire to continue with the annexation proceedings. Mayor Gautereaux stated since the closing of the hearing he had the opportunity of talking to Mrs. Morrison and what influenced his original decision was the letter from the State Di,,yision of Highways stating the annexation was in the path of the proposed route of -,`Freeway, now it was his understanding the Freeway was not anticipated for another five or six years. Mrs. Morrison stated the written protest at the last meeting was conditional only. Councilman Hogue stated he was of the opinion if the State asked the Council to do something they owe an explanation and the Council should go along with their request until they furnish a tentative date for the Freeway; if the State would go on record it would be five to six years in the future he would favor the C-2-A zoning, but if the Freeway is to be built in a year or two he would be against the zoning; since the Council saw fit to question the zoning of the annexation, the Council should now take time out to contact the State Division of Highways to ask why they requested it not be developed as a C-2-A. Mayor Gautereaux requested the City Manager to have this information ready next week. Vice Mayor Allen stated the point that was being missed was that if an answer was received from the State in regard to the Freeway, there still would be no answer on when the Flood Control Channel would be constructed; he probably wouldn't be here to see it. Councilman Colburn said the State has not indicated a willingness to purchase in advance, which means they were not certain of the route; the motion was clear and the City Attorney understood the stipulations. Motion.carried, by the follgq.;ng vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: Hogue. 10/19/65 252 MRS. ROBERT RICHARDS, 1411 East 16th Street, was present and inquired if the work was complete on East 16th Street; there was a place in the road in front of her house that looked as if it might develop into a chuckhole; and she thought it might be advisable to have it checked before the wort: was accepted. Mayor Gautereaux referred the matter to City Tanager Osburn. Mrs. Richards also requested the Para Department remove a branch from a sick tree in front of her house or replace the tree. Mrs. Richards stated a new resident on her street would like to go along with the tree planting program and requested he be contacted. Mrs. Richards asked if the zoning of National City was changed again. Mayor Gautereaux stated the change was only what she heard tonight and stated a copy of the Ordinance was available to her in the City Clerk's office. MRS. JOHN R. XNIG1-IT, 1431 L Avenue, was present and stated on January 5th the Council adopted a resolution to close M Avenue; the Manning Commission's recomm- endation in that regard had "ifs" in it. Mrs. ':night stated if it was the Council' true desire to close M Avenue without opening another street (and she did not think that was their desire) property worth approximately $42,000 was given to the ?laza. Mrs. ;:night said it must have been an error because it all hinged on opening another street; if a mistake was made the Council should go back. Councilman Morgan stated he was not satisifed on the problem. Moved by Morgan, seconded by Colburn, the City Attorney be authorized to study this zone change and the closing of M Avenue. Vice Mayor Allen stated no zone variance had been issued; only a portion of M Avenue was closed; it was owned fee simple by the ?laza Corporation; M Avenue was also owned by the Plaza, only a small portion of it was closed whether in error or purposely; the only course open to the Council in regard to opening another street would be to condemn it at about $3.50 a square foot; there was a contingency they would dedicate L Avenue and until they do they cannot get a building permit. Councilman Hogue stated Vice Mayor Allen abstained from voting on this in January because he had an interest in it. Vice Mayor Allen stated he had no interest in it; the escrow was closed. Mrs. .'.night stated the resolution closing M Avenue also closed 14th Street for about twenty feet and she thought it should be looked into and it would be interesting to find out who owned the adjoining property on 14th Street. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. E. H. ALSDORF, 2105 J Avenue, was present and stated he appreciated the Salute to Navy Parade; it was carried through with dispatch. Mr. Alsdorf stated he endeavored to secure from the City Clerk and two councilmen the rules on how to conduct a Council meeting and asked if there was any way anyone could give him a copy. Mayor Gautereaux atated he would be happy to lend his copy to ;Tr. Alsdorf. SGT. ROBERT NIL, ?resident, Police Officers Association, was present and invited the members of the Council and City Manager to attend an awards break- fast at 8:30 a.m., October 20th, at the Plaza Bowl. PAYROLL AUDITED BY THE FINANCE COMMITTEE was presented: $60,709.61. Moved by Allen, seconded by Colburn, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogu Morgan, Gautereaux. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $11,573.20 Traffic Safety 1,314.99 Park 8,394.55 Special Street 2,489.38 Drainage 396.66 Sewer 256.00 Civic Center Bond Fund 9-A 98,385.65 Civic Center 113.40 TCTAL $122,923.83. Moved by Alien, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the following vote, to -.wit: Ayes: Allen, Colburn Hogue, Morgan, Gautereaux. Nays: None. 10/19/65 , 253 REPORT IN REGARD TO COSTS OF U3GAL DEPARTM;'sIrr before and under contract was presented. City Manager Osburn stated before the contract the City paid the City Attorney $20,173.52; under the contract the City paid the City Attorney $14,808.73. 'Moved by Allen, seconded by Hogue, the City Attorney be given a contract for another year. Councilman Morgan challenged the figures and stated the figures showed payments for the legal department as follows: 1959-60 $16,982.28, 1960-61 $16,778.45, 1961-62 817,988.53, 1962-63 $22,601.07, 1963-64 $24,936.44, 1964-65 $30,598.95; and in 1962 the City received a payment of over $14,000 as a result of a successful lawsuit against the water company. Council- man Hogue withdrew his second. Mayor Gautereaux seconded the motion. Vice Mayor Allen stated the $14,000 was City money which had been required as a deposit the costs outlined by Councilman £'Iorgan were not realistic and included 1911 Act fees not paid by the City; also there was more litigation than before. Mayor Gautereaux stated the figures quoted by Councilman Morgan also included the City Attorney's office shared by the Mayor and the legal secretary, etc. Councilman Morgan stated even with these omitted his figures were higher than those in the report. City Clerk I4inogue stated Mr. Horgan had taken totals from the monthly Expenditures Report; some of the sums paid in fiscal year 1964-65 were for costs incurred prior to the contract and were reflected in the totals prior to the contract as they were not allowable under the contract. Mayor Gautereaux stated completely different services were now offered to the City and the department heads; we had more efficient service now; the basic thing under discussion was the City Attorneys salary and there was a substantial saving under the contract. In answer to a question from Councilman Hogue, City Attorney Carstens explained there was no per diem charge for his services in lawsuits under the contract; he further explained some of the amounts shown included filing fees and depositions which did not go into his pocket but were passed on to the court, etc. Motion carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. A CO4MUNICATION FROM MRS. FRAM( EVERSON requesting adoption of a resolution pertaining to a public park to be .set aside on Harbor Drive, San Diego, was presented. Moved by Allen, seconded by Morgan, the request be approved. City Manager Osburn stated a Similar resolution was adopted by the City of Coronado. Mayor Gautereaux stated he was against the motion until such time as the Council received advice on the Port District's position. Councilman Morgan withdrew his second. Moved by Colburn, seconded by Hogue, it be tabled until a report is received from Port Commissioner Ruehle. Carried by unanimous vote. A CO✓IMUNICATION PROM MALCOM H. MERRILL, I1.D., Director of ?ublic Health, advising redeclaration of San Diego County as a rabies area and requesting completion of "Statement of Enforcement" was presented. Moved by Allen, seconded by Morgan, it be noted and filed. Carried by unanimous vote. A COMMUNICATION FROM MRS. WILLIAM G. SU33ER, S.D. COUNTY COORDINATOR, Diabetes Association of Southern California, in regard to Family Diabetes Detection Day and a communication from Superintendent of ?arks Gautereaux recommending the use of the Lobby and rest room, facilities in :timbal' Park Community Building by the Diabetes Association on Sunday, November 14th, were presented. City Manager 0sburn stated he had a later recommendation from the Director of ''arks and Recreation Maley that El Toyon Building be used November 14th and 20th from 1:00 to 5:00 p.m. and from 500 to 9:00 p.m. on November 15th; tests be given at the Casa from 7:00 to 9:00 p.m. on November 19th; the facilities are available and have met with the approval of the Diabetes Association. Moved by Allen, seconded by Morgan, the recommendation be approved. Carried by unanimous vote. THE ARCHITECT'S MONTHLY PROGRESS REPORT for the month of September 1965, on the Civic Center and EOC was presented. Ordered filed by unanimous vote. THE MINUTES O? THE LIBRARY BOARD O? TRUSTEES' meeting of October 6th were presented. Ordered filed by unanimous vote. A COMMUNICATION FROM JAMES W. BIRD1 AIA, recommending extension of contract of eight calendar days for the Civic Center and EOC was presented. Vice Mayor Allen requested the City Mar. ger give his recommendation. City Manager Osburn 10/19/65 2.4 stated he concurred with the architect the eight day extension be approved. Moved by Morgan, seconded by Allen, theeight day extension be approved.. Council- man Hogue stated the contactor asked for a twenty-five day extension and we shouldbe lenient with him. Mayor Gautereaux stated extensions could be granted later if necessary. Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: Hogue A COMMUNICATION FROM WARREN C. CHAMBERS, Secretary, Park and Recreation Advisory Board, recommending money received from the Pony League World Series be used for the parks or park playground equipment was presented. Vice Mayor Allen stated he concurred, however, it should be referred to the City Manager for his recom- mendation. Moved by Morgan, the money be set aside to plant trees and for a tiny tot area in 31 Toyon ?ark. Motion died for lack of second. Moved by Hogue seconded by Alien, the recommendation be tabled until a report is received indicating the amount of money received and the City Manager's opinion. Carried by unanimous vote. AN APPLICATION FOR PERSON TO PERSON TRANSFER OF OFF -SALE GENERAL BEVERAGE LICENSE by Joseph E. and Ann J. Elwart, dba W. & H. Liquor, 2246 National Avenue, was presented. Moved by Colburn, seconded by Allen, it be filed. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining Morgan. AN APPLICATION FOR PERSON TO PERSON TRANSFER OF OFF -SALE BEER AND WINE LICENSE by Amis L. and Louise Davis, dba Speedee Mart #11, 702 Highland Avenue, was presented. Moved by Colburn, seconded by Allen, it be filed. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux, Nays: None. Abstaining: Morgan. CITY MANAGER OSBURN announced there would be a Real Estate Committee Meeting at 4:C p.m., October 22nd, in regard to the Granger property. CITY MANAGER OSBURN reported receipt of a letter from Mr. Webster, dated October 13, re -submitting his offer to purchase lots 3 and 14 as shown Olivewood Housing dhcwing No. 188-L. The City Manager recommended it be referred to the Real Estate Committee. Moved by Allen, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported the following employees were eligible for step increases which were approved by their Department Heads and recommended they be approved; Arnold Sotto, Frederick Hall, Gail Twitchell, Fred Baker, athlyn Olmsted, and Raymold Neal. Moved by Allen, secon aed by Colburn, the increases be approved. Carried by unanimous vote. CITY MAINIAGER OSBURN reported receipt of the minutes of the September loth meeting of the San Diego County Water Authority and a notice of meetings to be held October 14th. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of i ng soap for Viet Nam to work over this permission and requested ratification. the City Manager's action be ratified. of the Committee and if anyone had soap McDini's at 8th and Roosevelt. Carried a request from a group of people collect - past week end; the City Manager granter Moved by Morgan, seconded by Allen, Vice Mayor Allen stated he was a member to donate the Collection point was by unanimous vote. CITY MANAGER OSBURN reported the study of the bids for the 10 police vehicles was completed and recommended McCune Motors, low bidder, be awarded the contract.' Moved by Colburn, seconded by Allen, the City Manager's recommendation be app- roved. Carried by unanimous vote. CITY MANAGER OSBURN read the request of the Altrusa Club of National City for 150 chairs and two tables for the 12th Annual Concert at Granger Hall from October 25th through October 28th for a fee of $1.00, transportation to be furnished by the Altrusa Club. Moved by Morgan, seconded by Alien, the request be„approved for a fee of $1.00. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. '[days: None. 10/19/65 CITY MANAGER OSBURN reported the Jaycees requested a no -fee permit to sell cardboard seats at the last ball game; permission was granted by the City Manager's office; and requested ratification of the action. Moved by Morgan, seconded by Colburn, the action be ratified. Carried, by the following vote, to -wit! Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER OSBURN reported receipt of the San Diego County later Authorityts report on quantity of water in storage and water deliveries for the month of September, 19,55. Ordered filed by unanimous vote. CITY MANAGER OSBURN reported receipt of a communication from the State Division of Highways regarding a section of City streets under and in the vicinity of the 24th Street overpass which will be turned over to the City in the near future, Councilman Morgan inquired if the City would have to maintain the streets and the the City Manager said this was so. CITY MANAGER OSBURN asked if the Council would like his office to look into the possibility of obtaining name tags that clip on rather than pin on, to be used as identification at conferences, etc. Moved by Allen, seconded by Horgan, the City Manager find out how much they cost. Councilman Morgan stated he thought the Manager should be authorized to purchase them without further delay. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of certificates of insurance for sub- contractors working on the Civic Center, which were reviewed and approved by the City Manager and the City Attorney (Chula Vista Electric Company, Hefter Steel Company, Herrick Iron Works, J.?. Witherow, and Atlas Iron & Wire Works ) and recommended they be filed. Ordered filed by unanimous vote. CITY MANAGER OSBURN recommended the appointment of Charles G. Huffaker for an additional ninety days as Administrative Assistant; a closed examination for the position is to be given on November 15th. Moved by Allen, seconded by Colburn,the City Managerts recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Horgan, Gautereaux. Nays: Bone. CITY MANAGER OSBURN requested permission to miss the next Council Meeting and to take five days vacation. Moved by Morgan, seconded by Colburn, time request be approved. Carried by unanimous vote. CITY CLERK MINOGUB reported receipt of a communication from Mrs. Irene Phillips in regard to the name for the Community Building in Kimball Park and stated a copy was given to each member -of the Council. Moved by Allen, seconded by Colburn, it be referred to the Park and Recreation Advisory Board for a recommendation. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of a communication from the Trust Department of the Bank of America stating ba k payments in the amount of $7,000 were received from Canteen Service and requesting the execution of a Cancellation of Notice Of Default. Moved by Morgan, seconded by Alien, it be referred to the City Attorney. City Attorney Carstens stated the people have paid; they were now entitled by law to re -instatement; it was4purely ministerial act of the City Clerk; and recommended she be authorized to sign the cancellation and return it. Motion and second were withdrawn. Moved by Morgan, seconded by Colburn, the City Attorneyts recommendation be approved. Councilman Colburn asked if this put Canteen in position to go ahead with congtruction. City Attorney Carstens said it seemed to indicate they plan to go ahead with something or they would not have made so large a payment. Councilman Morgan asked if we had litigation against them. City Attorney Carstens said there was litigation involved in the matter but not by the City. Councilman Morgan said on the basis of the explan- ation he would like to withdraw the motion. Councilman Hogue stated the motion could not be withdrawn until the second was withdrawn. Councilman Morgan stated he did not want to make that motion; he was out of order in making the' motion. City Attorney Carstens stated what concerned him was what he said to make Councilman Morgan change his mind. Councilman Morgan said'he was not in favor of the sale to Canteen. City Attorney Carstens said the sole purpose of the motion was the City Clerk sign the necessary documents to cancel the default and if she did not sign, they could obtain a Writ of Mandamus and force 10/1S/65 255 her to sign. Councilman Hogue stated members of the Council were too quick on the trigger in malting motions before they knew what they were about; he was guilty of it too; he sympathized. Councilman Colburn withdrew his second. Motion died for lack of second. Moved. by Colburn, seconded by Allen, the City Attorney's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Slays: Morgan. CITY MANAGER OSEURu presented the budget for fiscal year 1965-55 for approval and stated it was basically the same as the tentative budget. Moved by Allen, seconded by Colburn, it be adopted. Councilman Hogue stated the Director of Housing's report indicated revenues were down and an amount of $64,000 was budgeted for Housing; Housing is being phased out slowly but, in view of the decline, consideration might be given to the $36,000 in salaries and some of the people movedto other departments. Councilman Hogue asked if the budget could be adopted except for the section on Olivewood Housing. Mayor Gautereaux suggested it be tabled until next week. 7ice Mayor Alien stated the budget only reports on what revenues might be expected and what might be spent; it did not mean that amount would be spent. Councilman Hogue stated he wasn't discussing the amount of money but the personnel and consideration should be given to whether or not the people should be transferred or start phasing them out. The Vice Mayor said the City Manager could report on the personnel. Moved by Morgan, seconded by Hogue, the budget be tabled for two weeks and the City Manager pre- pare a report. Carried by unanimous vote. CITY ENGINEER POSTER reported a few weeks ago he presented a proposal for a sewer to serve the Mueller Trucking Co. in the vicinity of 24th Street and Wilson Avenue; there was urgency in the matter; however, the proposal failed to take into consideration existing and proposed drains in the area; and it was impossiblE to install the sewer as proposed. The City Engineer stated the estimated cost of the original, proposal was approximately $7,200, the new design will be about $9,200; and requested permission to advertise for bids for the sewer at this location.' The City Engineer stated plastic pipe will be used because of unstable soil conditions. Councilman Morgan asked if the new design would permit additional hook-ups. City Engineer Foster stated sewers could be hooked -up to service the entire area. Moved by Hogue, seconded by Allen, the City Engineers recommendation be approved. Councilman Morgan stated the developer would provide the sewer. Motion carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. CITY ENGINEER FOSTER reported on progress of the installation of traffic signals at the intersections of 4th and .Euclid and 8th and Euclid and stated the work would be completed soon. COUNCILMAN HOGU; requested the City Engineer furnish him with an itemized statement of the expenses of the 1911 Act Improvement at 9th and X. City Engineer Foster stated he would have the report tomorrow. THE REPORT OF THE DIRECTOR OF PUBLIC HOUSIITG for the month of September, 1965, was presented. Moved by !Allen, seconded by Morgan, it be approved and filed. Carried by unanimous vote. Vice Mayor Allen stated this type of housing, even at the price at which it was offered, Was not renting readily and suggested an investigation be made; as they have to be maintained, if we can not rent them, they should either be torn down or the rent lowered. Mayor Gautereaux stated the housing was sub -standard and should not remain longer than was absoultely necessary; he would like to see the phasing out continued. DIRECTOR OF PLANNING STOC1MAN reported arrangements were made for a meeting at 4:00 p.m., October 27th, in the City Manager's office, with the architect, Richard George Wheeler, to discuss the gymnasium and senior citizens facility. DIRECTOR OF PLANNING STOCXMAN reported receipt of a written resignation from Charles Meech from the Manning Commission as he was transferred out of the City. Moved by Allen, seconded by Morgan, it be accepted with regrets. Councilman Hogue stated before anyone was appointed to fill the vacancy he would like the opportunity to meet and interview and get to know his thoughts and opinions on the growth and progress of the City. Mayor Gautereaux stated he would not want to create the impression the Council was trying to control these people, but he would be happy to give the Council the name of the person proposed for appoint- 10/19/55 257 ment one wee!c prior to the appointment. Vice Mayor Allen stated Councilman Hogue had a good point but on the other hand there were many ways to remove a person; if too many wanted to interview a prospective appointee he would begin to wonder what was coming next. Councilman Morgan stated the appointments should be left up to the Mayor; it was the Mayor's business. Mayor Gautereaux stated in respect to the request an announcement would be made a week in advance of appointment. Motion carried by unanimous vote. DIRECTOR OF FLANNING STOCKMAN reported receipt of a petition for annexation of a small parcel of land under the uninhabited territory act of 1939, the parcel lies north of 3Oth Street in the vicinity of D Avenue; and recommended it be referred to the Planning Commission. Moved by Allen, seconded by Colburn, the Director of Planning's recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported receipt of a notice of hearing for "SWeetwater Annexation No. 1" to the City of Chula 7ista.. The Director of Plan- ning stated she was contacted by the Executive Director of the Local Agency Formation Commission who requested two members of the City Council and two members of the ?lanning Commission be appointed to meet with similar appointees from Chula 7ista to decide on a separation of Bonita. The Director of 'lanning recommended such representation be appointed. Mayor Gautereaux asked if there was an agreement between the two cities in existence. The Director of Planning stated there was, but it stopped at Edgemere Road. Mayor Gautereaux stated in view of the recommendation of the Executive Director of the Local Agency Format- ion Commission and the Director of Planning he would appoint 7ice Mayor Allen and Councilman Colburn to meet with Chula Vista and would request the Planning Commission Chairman to submit two names to the Mayor. DIRECTOR OF PLANNING STOCKMAN reported receipt of a communication from the Public Utilities Commission there will be a hearing on October 28 and 29, 1965, in Room 109, State Building, Front Street, San Diego, in the matter of under- ground utilities (No. 8209). Director of ?lanning Stockman asked what the Council would like to have presented at the hearing. Mayor Gautereaux stated he thought the Council should adopt a policy of encouraging the utility companies to do everything possible to adopt a program for existing utilities to go underground, that the Council should support this position and do every- thing possible to replace the utilities underground; the important thing was to work with the utility companies. Moved by Allen, seconded by Gautereaux, it be laid in the hands of the Director of Manning and the Planning Commission for a recommendation. Mayor Gautereaux stated the recommendation should be for the City as well as liaison with the public utilities and should take into consideration the cost of such things and how they can best accomplish the amortization of the funds. Vice Mayor Allen restated the motion; to refer the matter of underground utilities to the Director of Planning and the Planning Commission and for them to get the thinking of the utility companies to see if we can get this started, seconded by Mayor Gautereaux. Vice Mayor Alien stated he attended a meeting at the Conference where the speaker was a member of the State Utilities Commission and he said it was not inconceivable that feeder lines could be put underground; all you have to do is keep pushing the utilities people, the Vice Mayor stated he thought it was better to work with the utilities people, not push them. Director of 'Manning Stockman said she would like to prepare a statement with the City Attorney for the hearings but would like to include some of the other thinking. Mayor Gautereaux said it was not just a matter of forcing the utility companies to bear the cost, the cost would only be passed on to the users. Motion carried by unanimous vote. THE REPORT OF THE CITY TREASURER for the month ending September 30, 196E, was presented. Moved by Allen, seconded by Morgan, it be accented and filed. Carried by unanimous vote. COUNCILMAN M0RGAN stated in regard to the Navy Barbecue there were some employees who worked almost around the clock and he would like the Mayor to come up with some sort of recommendation for recognition of these employees. VICE MAYOR ALLEN, on behalf of the City and personally, thanked the Lions Club fox their entertaining at dinner last Thursday night the top ranking lady officers within the llth Naval District. 10/19/65 258 VICE MAYOR ALLEN stated about two-thirds of the membership of the Human Relations Committee have moved out of town; if anything does happen in the Equal Opportunities or the Youth program, or we could help some of our neighbors who have fewer opportunities than we have, it would be an important committee. The Vice Mayor suggested it be placed on next week's Agenda and naives submitted for appointment. MOVED BY r4OR zAN, seconded by Colburn, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:59 p.m. ATTEST: CITY Cl2R:i , CIT`S .= EAT •'A CITY, CAL =+OrflIA 10/19/65