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HomeMy WebLinkAbout1964 10-20 CC MIN176 National City, California, October 20,196 The regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Gautereaux. Council members present: Allen, Hogue, Morgan, Gautereaux. Council members absent: Colburn. ADMINISTRATIVE OFFICIALS PRESENT: Carstens, Foster, Gautereaux, Hess, Minogue, Onley, Osburn, Stockman. The meeting was opened with salute to the flag led by City Manager Hess. The Council observed one minute of silence in merry of Herbert Hoover, followed with invocation by Mayor Richard .E.-Gautereaux. MOVED BY HOGUE, seconded by Allen, the minutes of the regular meeting of October 6th be approved. Carried, by the following vote, to -wit: Ayes: Alien, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. Absent: Colburn. RESOLUTION NO. 8779, "RESOLUTION ENDORSING PORT DISTRICT BOND ISSUES" was read. (Councilman Colburn arrived and took his place at the meeting.) Moved by Allen, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen,Colburn, Hogue, Morgan, Gautereaux. Nays: None. Moved by Allen, seconded by Hogue, the Mayor appoint a committee to try to answer the questions of the citizens andppubliciq„„,the committee members so the citizens can find out the answers. 'arried by un- animous vote. CITY ATTORNEY CARSTENS stated the next Resolution authorizes the placing of a directional sign by the National City Chamber of Commerce at the end of 5th Street west of State Freeway 101 and suggested it be adopted by reading of the title only. Moved by Colburn, seconded by Alien, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 8780, "RESOLUTION AUTHORIZING PLACING OF DIRECTIONAL SIGN"(Chamber of Commerce). Moved by Morgan, seconded by Allen, the Resolution be adopted . Carried, by the following vote, to -wit: Ayes: Alien, Cofburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the next Resolution grants a zone variance to Red-E-Crete Company and suggested it be read by title only. Moved by Alien, seconded by Colburn, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried-5T unanimous vote. RESOLUTION NO. , "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. '36-2 - RED E CRETE COMPANY". Moved by Alien, seconded by Colburn, the Resolution be adopted. Director of Planning Stockman reported receipt of a -communication from the City Attorney questioning whether or not sufficient hardship existed to warrant the granting of the variance;it must be shown the property can be developed in no other manner. Councilman Morgan said the City Attorney and the City Planner should get together and come up with an answer. Moved by Morgan, seconded by Hogue, the motion to adopt the Resolution be tabled until the next meeting. Carried, by the following vote, to -wit: Ayes:Colburn, Hogue, Morgan, Gautereaux. Nays: Allen. RESOLUTION NO. 8781, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE AN AGREE- MENT (lease -Golf Course)" was read. Moved by Allen, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays Morgan. RESOLUTION NO. 8782, "RESOLUTION OF COMMENDATION (Allen A. Campbell)" was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. 10/20/64 177 CITY ATTORNEY CARSTENS stated the Ordinance amending Ordinance No. 962, establishing procedure for exemption from curb and gutter requirements was to be presented for the second reading and suggested the Ordinance be read by title only. Moved by Allen,, seconded by Hogue, the reading of the Ordinance be waived and''ft be adopted by reading of the title only. Carried by unanimous vote; ORDINANCE NO. 1105., "AN ORDINANCE AMENDING ORDINANCE NO. 962, ESTAB- LISHING PROCEDU'E FOR EXEMPTION FROM CURB AND GUTTER REQUIREMENTS." Moved by Colburn, seconded by Allen, the Ordinance be adopted. Carried, by the following vote, to -wit: Ayes: Allen, CoTburn, Hogue, Morgan, Gautereaux. Nays: None. CITY ATTORNEY CARSTENS stated the Ordinance amenljngeOrdinance No. 962 Zoning ordinance of the City of National City was presented for the second reading. Moved by Allen, seconded by Colburn, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. ORDINANCE NO. 1106, "AN ORDINANCE AMENDING ORDINANCE NO.962, ORDINANCE OF THE CITY OF NATIONAL CITY (R-4-P-D, Hardcastle, 5th Street)". Moved by Colburn, seconded by Allen, thra Resol dted. Carried, by the following vote, to -wit: Ayes: Alien, Breaux. Nays: Hogue, Morgan. CITY ATTORNEY CARSTENS reported in regard to the underground utilities conference in Palo Alto on October 9th. This conference was attended, .# y attorneys, -utilities' representatives and builders. The purpose of tile conference was to learn if cooperation might be obtained between the various groups toward getting utilities underground. City Attorney Carstens stated there is justification for these procedures: the aesthetic value, safety, and the lower upkeep and maintenance. He stated we will see more of this in the future; the builders favor it; it appears to be a definite trend in city planning, city development and city legislation. Councilman Colburn asked if there was discussion at the conference whether this could be done starting now and with new construction only or does it have to be done in all sections. City Attorney Carstens stated there are various plans; some cities have adopted ordinances, which require that any new installations be put underground; they will not allow new overhead installation of poles and wires; but if the utilities have to be replaced or the lines have to be moved, they will require they be placed underground. City Attorney Carstens stated he had not heard of any city that was forcing underground installation indiscriminately. Mayor Gautereaux stated utility companies have expressed interest in this type of programming and planning and he felt, in view of our comprehensive general planning, now would be the time to study this for our city, and possibly a committee should be appointed embracing these types of representatives in a comprehensive study relative to our city. Mayor Gautereaux recommended that it be referred to the Director of Planning as it might come within the scope of our General Plan and if it doesn't, then we approach it from another direction. Moved by Morgan,seconded by Allen, the Mayor's recommendation be approved. Carried by unanimous vote. Mayor Gautereaux thanked the City Attorney for bringing the information back to the Council. MELVIN CHESTER, 1531 E. 7th Street, a member of the United ..Nations Day Committee, was present and requested the Mayor proclaim Saturday, October 24th, as United Nations Day. Mayor Gautereaux read the proclamation. Moved by Allen, seconded by Hogue, the Proclamation be Approved. Carried by unanimous vote. JEAN L. BEAUZAY, 1204 E. 7th Street, Chairman of the Joint Committee of the American Legion -Veterans of Foreign Wars, was present and informed the Council of a program they are preparing for November llth (officially known as "Veterans Day") to honor ail members of World War I, to be called "Armistice Day'. At another appropriate meeting of the City Council later they will request the Mayor to proclaim "Armistice Day". 10/20/64 ZONING 2216 E. ution be Colburn, rrI CONTINUED HEARING on the proposed vacation and closing of porrtti presentne was Of 2lst Street east of Harrison was held athis Ctime. the hearing be in this ' regard. MdVed by Allen, secondedfby f Witherprocessing. closed. end to the City Apt eY Carried by unanimous vote. CITY ATTORNEY CARSTENS suggested the Resolution authorizing the execution of order to vacate and close a portion of 21st Street be read by title only. Moved by Allen, second d by Colburn, the reading of the Resolution be waived and it be a.lc ted by reading o-f the title only. Carried by unanimous vote. RESOLUTION NO. 8783, "RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE PORTION OF 21ST STREET, EAST OF HARRISON." Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried,by the following vote, to-wit:Ayes: Allen, Colburn, Hogue, Morgan,Gautereaux. Nays: None. The meeting recessed at 8:10 p.m, for the City Manager's and City Engineer's hearing (Special Assessmenth IInvestig,oLLimitation ' and Majority Protest Act of 1931)improvement 2lst and 23rd. MAYOR GAUTEREAUX called the meeting to order at 8:27.p.0Council members present: Allen, Colburn, Hogue, Morgan, Gautereaux. Council` members absent: None. CITY MANAGER HESS read report of the. City .Manager and City Engineer. of Special Assessment Investigation Hearing-"J" Avenue," Ayonue, .21st and 23rd Streets ordered by Resolution No. 8761 stating 12 writtenprotests representing'26.38% were' received; and recommending the project proceed as a 1911 Act Project. Moved by Colburn, seconded by Hogue, the City Manager's recommendation be approved. Carried,by, the following vote, to -wit: Ayes: Allen,Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8794, "RESOLUTION DETERMINING THAT PROJECT SHOULD PRO- CEED ("J" Avenue, "K" Avenue, 21st Street and 23rd Street, Assessment. District No, 139)" was read. Moved by Colburn, seconded by Hogue, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None, HEARING ON THE RESOLUTION OF INTENTION NO. 8762 ("J" Avenue, "K" Avenue," 21st Street and 23rd Street, Assessment District No. 139) was held at this time. There were 23 interested persons present; no oral protests were made. Moved by Allen, seconded by Morgan, the hearing be closed and referred to the City Attorney for further processing. Carried by unanimous vote. RESOLUTION NO. 8785, "RESOLUTION ORDERING WORK ("J" Avenue, "K" Avenue, 21st Street and 23rd Street, Assessment District No. 139)" was read. Moved by Allen,seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Ailen,Colburn, Hogue, Morgan, Gautereaux.. Nays: None. RESOLUTION NO: 8786, "RESOLUTION ADOPTING WAGE SCALE ("J" Avenue, "K" Avenue, 2lst Street and 23rd Street, Assessment District No. 139)" was read. Moved by Colburn, seconded by Allen, the Resolution be adopted. Carried,. by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux, Nays: None. COUNCILMAN MORGAN stated that an annexation of the area between Fourth and Division, east of Harbison, is being held up because of the Water Company. Moved by Morgan, seconded by Allen, the City Manager report in this regard next week. Carried by unanimous vote. 179 COUNCILMAN MORGAN asked the City Engineer if he knew whether the inter- change on the new freeway at Paim and Division will be a complete interchange or just half„ City Engineer Foster stated he had talked to representatives of the Highway Department and,although both San Diego and National City are interested in a full interchange, he could not give a firm answer at present. the VICE MAYOR ALLEN reported he attended/Sister Cities meeting at the Leeeee Conference in Los Angeles Sunday eT.ternoon. We arc n :+,r e tab- 1 i s ed as Sister City of Tecate. He stated if any of the Ccam ttce anrid to get in touch with him for information, he would be happy to pass it on to them. VISE MAYOR ALLEN stated he was advised yesterday the sign on Highland Avenue,advertising Marston's in Chula Vista,will be moved down into the valley in the near future. M Y.OR GAUTEREAUX stated he and Chula Vista Mayor Cecil Sperling requested an audience with Hugo Fisher, Director of State Resources, Sate of California, in regard to project and resource monies, that may be available to our cities, our joint area. He said the time for this audience in Mr. Fisher's office will be this Thursday in Sacra- pento. The Mayor requested permission to attend the meeting with Meyer Sperling. Moved by Allen, seconded by Hogue, the Mayor's request .be:ranted,. Carried, by the following vote, to -wit: Ayes: Allen,Colburn, "FogUe, Gautereaux. Nays: Morgan. MAYOR GAUTEREAUX read a proposal from Automatic Canteen Service of San Diego (Robert Natoli, President) to purchase and develop the five (5) acres of City owned land bounded on the east by Coolidge Avenue, on the north by 24th Street and on the west by Wilson Avenue, at $10,000.00 per acre, S50,000.00 total, with $5,000.00 down, $5,000.00 at the close of escrow and the balance at $1,000.00 per month, including 6% simple interest. The Mayor stated the offer is net to the City,there are no real estate fees, and they will pay escrow charges;construction of a new multi -purpose structure of not less than 15,000 square feet of block and steel will start within 90 days from close of escrow. Their plan is to have three businesses on the five acres. Moved by Colburn, seconded by Allen, the proposal of Mr. Natoli and Dr.Distler be accepted and the proper authorities be authorized to expedite this. Councilman Morgan stated this is the same proposal previously made by Dr. Distler and Mr. Natoli except for the deletion of the option to purchase an additional five acres; the land is worth more now and will be worth considerably more when the freeway is completed; and he believed they planned to speculate. Vice Mayor Allen stated we have a Resolution providing all money from the sale of City owned land go into the Civic Center Fund and asked the City Attorney if this could be amended so the money from this particular sale could be earmarked for the construction of a Senior Citizens building. City Attorney Carstens stated the Resolution could be amended and if the Council intended this, it should be amended prior to the time we enter into the sale. The Vice Mayor stated he would vote in favor of the motion if the proceeds of the sale were to go into a fund for the Senior Citzens' building. Councilman Hogue asked Mr. Natoli, who was present, how many employees there would be and what the annual income to National City might be. Robert Natoli replied there would be 83 employees ultimately; it is difficult to state what the tax return to the City might be but Canteen Services paid the City of San Diego $138,000.00 last year in sales and property taxes. Councilman Morgan stated Canteen Services would not use the entire five acres and in a year the corner (125' x 125') alone would be worth $65,000-$75,000, Dr. E. K. Distler was present and stated no one could deny the land would be worth more next year or ten years from now, but if industry was to come in, the land must be sold. Councilman Morgan said Bahia Vista is selling comparable, adjacent land for $35,000.00 an acre. Councilman Colburn stated this is quite different; the selling price is the only return Bahia Vista will receive, whereas the City will continue to receive a yearly income in the form of taxes. City 10/20/64 180 Attorney Carstens asked whether or not they would require a subordin- ation clause to get a construction loan, Dr. Distter answered =they would not require a subordination clause: they would request a release provision in the trust deed; and they would pay off the trust deed on any portion of the land on which they wished to build. Dr. Kistler offered to submit to the Council for approval the names of the business- es which might desire to locate on a portion of the five acres Mayor Gautereaux stated he favored getting the land on tIe tax rolls# Motion carried by the following vote, to -wit: Ayes: Allen, Colburn, H e, Gautereaux. Nays: Morgan, Moved by Allen, seconded by Gautereaux, the City Attorney be instructed to earmark the money or change our other Resolution to earmark this mone for a Senior Citizens*buildine fund. Moved by Hogue, seconded by Colburn, the motion be -amended by referring the matter to the City Manager for an estimate ot the cost to build a Senior C:t:zens u ldinq and this amount be earmarked out ot future" Tan s-'T a1 sin order to build the Senior Citizens' building, Carried, by the following vote, to.wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. MAYOR GAUTEREAUX presented a list of names submitted by Director of Planning Stockman for appointment to committees and sub -committees for the development of the General Lien. Moved by Hogue, seconded by Colburns as each of the council members has a copy of the recommen•. dations, the reading of the names be waived and the appointments approved. tarried by unanimous vote. JOE MINOGUE, 1105 East 4th Street, was present and stated Thursday, October 22nd, at 7:30 p.m., the Bond Committee and City officials would attend a P.T.A. Council meeting at El Toyon School in regard to the Civic Center Bond drive. MR. COTTON, San Diego County Special Services Division, was present and, with the aid of a map, presented the plan for the Lincoln Acres Sewer District, (Vice Mayor Allen left the Council chambers.) Mr. Cotton stated the District will comprise a total of 367 acres, 35 acres within the boundaries of National City. He stated there are no major changes to the plan as presented to the Council early this year. Adoption of the plan will eliminate two pumping stations presently operated by National City. Mr. Cotton requested the agree- ment for the adoption of this plan be signed by National City, (Vice Mayor Allen returned and took his place at the meeting.) City Manager Hess suggested authority be granted to the City Attorney to prepare a Resolution authorizing the signing of the agreement. Moved by Allen, seconded by Hogue, the City ManaCer's suggestion be approved. Carried by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present and stated the audience can not hear these presentations; objected to the method of the appointments to the Committees and sub.comrmittees for the development of the General Pian as he felt these names should have been read He stated he was not happy over the 1911 Act Improvement of UJ","K", 21st and 23rd Streets because it is known in the City Engineer's office as 139 and every legal document should show that number. He also stated there is nothing in the City Budget for the Duck Pond, that he understood the Duck Pond would be considered at Budget time. MRS. DAVID W. McCARTHY, 2304 "Ku Avenue, was present and asked about the reading of the protests on the 1911 Act and stated all protests had been read at previous hearings. Mayor Gautereaux stated the number of protests had been stated, RUBEN RUBIO, 1729 Cleveland Avenue, was present and stated there is a Tri-City Committee to develop the Tecate, Ensenada, National City triad and asked if there was anything to prevent National City from having a Sister City Committee so they could work with Tecate, Vice Mayor Allen stated that it is up to the Mayor to recommend a committee but that in his opinion both committees are the same, the Tri-City Committee should not change its function as Tri-City Committee but 10/20/64 181 should continue also as Sister City Committee and get the required work done. Mayor Gautereaux stated if additional people are interested, he would be happy to consider them as an additional committee to the Tri-City's Committee. Councilman Hogue asked if Ensenada is one of the Tri-cities and was informed by Mayor Gautereaux it was. COUNCILMAN MORGAN asked the City Manager if the names of the people who made the protests on the 1911 Act could be made available to people requesting same. The City Manager stated the protests were made to the City Clerk, they are official records of the City of National City. This information is available to anyone. MOVED BY ALLEN, we have a sub -committee to the Tri•City Committee to work as Sister City Committee and names be recommended for appointment. Councilman Morgan stated it was up to the Mayor to make this recommen. dation. Motion died for lack of a second. Mayor Gautereaux said he would be happy to talk to anyone interested in working on a Sister City Committee if it was feasible to set up a sub -committee of the Tri-City Committee. PAYROLL AUDITED BY THE FINANCE COMMITTEE was presented: $56,133.95. Moved by Colburn, seconded by Allen, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund Traffic Safety $ 15,698.'+ 7e,e`/c 2,876.28 4 �,aj� Park 4,302.72'7, v9/, 8C c'i-, Retirement 5,272.40 Special Street 1,512.08 Drainage 2,979.85 Sewer Service 7,757.66 Total $ 43,385.47 MOVED BY ALLEN, seconded by Colburn, the bills be approved and warrants ordered drawn for same. Carried, by the toilowing vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: None. Abstaining: Morgan. CITY ENGINEER FOSTER read a report on the drainage and street work at 24th and National (property purchased by Acme Chevrolet),recommending that if the drainage is to be relocated, it be done at the owner's expense, with the approval of appropriate staff, and if "A# Avenue is to be improved, it be a 1911 Act project or a cash job handled by the property owners. Moved by Allen, seconded by Hogue, the recommendations of the City Manager and City Engineer be approved. Councilman Morgan requested a copy of the report be given to Acme Chevrolet. Moved by Allen, seconded by Hogue, it be included in the motion. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Gautereaux. Nays: Morgan. City Engineer Foster stated that if "A" Avenue is to be improved, it should be a 1911 Act project or a cash job handled by the property owners; he felt it should be determined whether or not "A" Avenue should be improved and, if it should be improved, which of these is recommended. Vice Mayor Alien stated there are three alternatives and if the property owner approaches us, all we want is a recommendation and we take it from there. Mayor Gautereaux stated it would also embrace the option of the Lusk Corporation. CITY MANAGER HESS read the report of Director of Public Works Biggs and Fire Chief Bailey in regard to the number and placement of exits in residences, stating the California State Housing Law and the National City Building Code require only one exit from a single story, Group I building, which is a residential building with a load not to exceed ten persons. The load of the buildings now under construction by 0. D. Arnold & Sons is 3.3 persons; one exit only is required and will be installed in accordance with the approved plan. The Director of Public Works and the Fire Chief recommend the proposed bu ilding code ordinance be amended to require a window of not less than 36" in width 10/20/64 182 be installed in each bedroom where an outside door is not provided,to be located at a maximum of 36" above the floor, to provide an emergency exit. Many cities in California have such a requirement. The City has entered the Workable Program and a Citizens' Workable Committee has been appointed; one of their responsibilities is to study and consider the adoption of the 1961 Unified Building Code. (We are the only City in the County using the 1952 Unified Building Code.) One of the points discussed at a meeting of the Citizens' Workable Committee was the need for bringing our building code up to date. The City Manager stated the matter of building code ordinance will be brought before the City Council next week. Moved by Allen, seconded by Hogue, the report be accepted. Carried by unanimous vote. CITY MANAGER HESS stated in regard to the request of the National City Employees' Federal Credit Union for office space within proposed Civic Center or Kimball Park Community Building, if they desire an immediate relocation, there is space in the Community Building; if in the future, and the Civic Center bond issue passes, there will be adequate space on the third floor in the area which has been designated as '"Purchasing'". Mayor Gaute.reaux suggested that a directive be made to the Credit Union. Moved by Morgan, seconded by Colburn, the Mayor's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported, in regard to Castle Rambler's request for extension of time and zone change, a conference was held on October 14th with the owners of Castle Rambler and their architect. We were shown their preliminary plans of the contemplated development at the southwest corner of 30th Street and National Avenue. Because of the nature of their business, it is necessary that the American Motor Company review and sanction any new development. Castle Rambler was requested to develop their property to its fullest potential and in an orderly manner and they require an additional 180 days to commence construction. City Manager Hess suggested their request for an additional 180 days be granted and the City Attorney and City Manager be permitted to take the necessary steps to make this allowable. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS reported in regard to 8radston Rattan's request for a conveyor over public right-of-way, the basic concern was that of safety. He stated he received responses from the Chief of Police and the Fire Chief that their basic concern was the elevation of such a conveyor, should it be installed. 16' would be the height for the safety services. The City Manager said the conveyor will traverse a dedicated alley; the City can allow such a conveyor be built; it might involve a question of indemnification and there may be consider- ation of a covenant running with the land; and there are methods by which it can be accomplished. Moved by Allen, seconded by Morgan, the request be granted. Carried by unanimous vote. CITY MANAGER HESS reported in regard to the request of Edward Granz for an additional four months for start of construction on the north- west corner of 30th and National. He stated a discussion was held with Mr. Granz and he had received a communication stating that he had run into some difficulties, unforeseen problems, etc. in the shopping center he is developing at 54th and Euclid in San Diego.In reviewing a letter from his architect, there is nothing in it which indicates there is any contemplated project. City Manager Hess recommended no additional extension of time be granted. Moved by Colburn, seconded by Allen, the four months extension of time be ranted. Vice Mayor Allen stated he could not conscientiously vote or r a180 day extension for one and deny another. Carried by unani- mous vote. CITY CLERK MINOGUE reported sealed bids for the 1911 Act Improvement of Sheryl Lane were opened at 3:00 p.m., October 19th, in her office, and the results were as follows; Daley Corporation $9,649.92, V. R. Dennis Construction Company $9i077.15, KJ-nneth H. Golden Company $9,820.90, Griffith Company 377.2.2, Sim J. Harris $9,778.14, R. E. Hazard Contracting Company $8,676.61 City Manager Hess stated the 10/20/64 183 City Engineerls recommendation was to accept R. E. Hazard Contracting Companyts low bid of $8,676.61 and all other bids be rejected. Moved by Morgan, seconded by Allen, the recommendation be approved. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Mays: None. RESOLUTION NO. , an award of contract for Sheryl Lane,Assessment District No. 137, to R. E. Hazard Contracting Company was presented. Moved by Hogue, seconded by Morgan, the reading of the Resolution be waived and it be adopted by reading or the title only. Carried by unanimous vote. RESOLUTION NO. 8787, "RESOLUTION OF AWARD OF CONTRACT (Sheryl Lane, Assessment District No. 137)". Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. A COMMUNICATION from National City Swim Club Boosters, requesting their organization be the only recognized representative group of parents supporting the National City Swim Club and its swimming program, and enclosing their By -Laws, was presented. Moved by Morgan, their request be granted. Motion died for lack of a second. Mayor Gautereaux stated it would be dangerous for the Council to adopt a policy of saying that this would be the only recognized swim club in the city. Charles M. Ellis, 24 North ITei Avenue, was present, and stated they had newly elected officers and an individual was designated for liaison with the City Council through the City Manager and it was at the City Manager's suggestion the letter was forwarded to the City Council. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Gautereaux. Nays: Morgan. THE MINUTES of the Park and Recreation Advisory Board meeting of October 1st were presented. Ordered filed by unanimous vote. THE MINUTES of special meeting of the Civil Service Commission of October 5th were presented. Ordered filed by unanimous vote. A COMMUNICATION from Associated Students, Southwestern College, in regard to homecoming parade on October 23rd, was presented. Moved by Morgan, seconded by Allen, the request be granted. Carried by unanimous vote. APPLICATION FOR PERSON -TO -PERSON license for Gallen H. Dodds, 710 by Allen, seconded by Hogue, the pp following vote, to -wit: Aye Nays: Morgan. CITY MANAGER HESS stated the Altrusa Club requested the use of 110 Chairs for their annual concert; it was not possible to contact the Council and they were granted the use of the chairs at a charge of $1.00. The City Manager requested ratification of his action. Moved by Morgan, seconded by Colburn, the City Manager's action be approved. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported the resignation of 8i11 Gaston of the Engineering Department to go into business for himself and requested his name be placed on the Civil Service eligibility list. Moved by Allen, seconded by Colburn, the resignation be accepted with regret and a certificate of service issued. Carried by unanimous vote. CITY MANAGER HESS read the City Engineer's recommendation the work on First Street Storm Drain project be accepted by the City and a Notice of Completion filed by the City Clerk. Moved by Alien, seconded by Hogue, the recommendation be approved. Carried by unanimous vote. RESOLUTION NO. 8788, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION (First Street Storm Drainage Construction, Spec. No. 689) was read. Moved by Hogue, seconded by Colburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen,Coiburn, Hogue, Morgan, Gautereaux. Nays: None. transfer of On -Sale Beer & Wine National Avenue, was presented. Moved application be filed. Carried, by the s: Allen Colburn, Hogue, Gautereaux. 10/20/64 184 CITY MANAGER HESS statemkthe following employees are eligible for step increases November lstt R4wmgrid Neal, William Wright and C. P. Simonds. The City Manager reported tPietr^ Department Heads approved the step increases and he suggested they be granted.. Moved by Allen, seconded by Colburn, the step increases be granted. Carried by unanimous vote. CITY MANAGER HESS reported receipt of request from Daniel H. Sayler, Disabled American Veterans, for a no -fee permit November 5th, 6th, and 7th for their annual forget-me-not sale, and recommended it be granted. Moved by Colburn, seconded by Allen, the request be granted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8789, "RESOLUTION ORDERING TRANSFER OF A PORTION OF SALES TAX TO SPECIAL STREET FUND"($100,000.00) was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried,by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan,Gautereaux. Nays: None. RESOLUTION NO, 8790, "RESOLUTION ORDERING TRANSFER OF A PORTION OF SALES TAX TO DRAINAGE FUND" ($75,000.00) was read. Moved by Allen, seconded by Coiburn, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Allen, Colburn, Hogue, Morgan,Gautereaux. Nays: None, CITY MANAGER HESS reported George Webster of Webster Pontiac requested permission to install an oversized driveway of 351; the members of the City Council were attending the League Conference in Los Angeles. The City Manager stated he told Mr. Webster he would grant permission for the installation of the driveway if Mr. Webster would furnish him with a letter agreeing to replace the curb if the Council did not approve the request. The City Manager requested approval of the driveway. Moved by Allen, seconded by Colburn, the over size driveway be approved. Carried, by the following vote, to -wit: Ayes: Allen,Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported a certificate of insurance for W. H. Ledbetter & Son had been reviewed by his office and the City Attorney and appears to be in proper form. Ordered filed by unanimous vote.. CITY MANAGER HESS suggested authority be granted to the appropriate city officials to release the completion bond for GMU, Inc. as the golf course is now completed and the lease agreement has been approved. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote, to -wit: Ayes: Allen, Coiburn, Hogue, Morgan, Gautereaux,. Nays: None. CITY MANAGER HESS reported receipt of a statement from Freeland & Bird in the amount of $5,000.00 for work completed to date on the proposed Civic Center and requested authority to pay it out of the Civic Center Fund. Moved by Allen, seconded by Hogue, the authority be granted. Carried, by the following vote, to -wit: Ayes: Alien, Colburn, Hogue, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS reported receipt of communications from the San Diego County Water Authority and suggested they be filed. Ordered filed by unanimous vote. CITY MANAGER HESS asked the Council's permission to go to bid for new police vehicles as provided in the budget;bids to be opened on November 9th. Moved by Allen, seconded by Colburn, permission be granted. Carried by unanimous vote. CITY MANAGER HESS reported receipt of a certificate of insurance for James Clarence Davis, dba "A Cab Company", and suggested it be referred to the City Attorney for approval. Moved by Allen,seconded by Colburn, the City Manager's suggestion be approved. Carried by unrimous vote, 10/20/64 185 CITY MANAGER HESS reported the improvements in the Bucky sub -division have been accepted and recommended a Notice of Completion be filed. The City Manager said the sub -divider has the amount of $524.55 on deposit with the City Treasurer and we have expended $362.50 of this amount. The City Manager recommended a refund of the remaining $162,05 be forwarded to the sub -divider. Moyed by Morgan, seconded by Colburn, the City Manager's recommendation be approved. Carried, by the follow- ing vote, to -wit: Ayes: Allen, CoilLurn, Hogue, Morgan, Gautereaux. Nays: Morgan. CITY CLERK MINOGUE reported receipt of communication from the San Diego Gas & Electric Company, stating they wish to withdraw their protest of August 7th to the proposed vacation of portions of 20th and 21st Streets. Ordered filed by unanimous vote. CITY CLERK MINOGUE reported the San Diego County Water Authority's financial report for the fiscal year ended June 30, 1564, was received and is on file in her office. CITY ENGINEER FOSTER reported that Wilson Avenue from 30th and Harding around past 3urnett Furniture and down to 24th and Wilson will have to be graded in order to get the water mains in; approximately 25,000 yards of fill are required in this area at an estimated cost of $30,000.00. The City Engineer asked for permission to advertise for bid. Moved by Morgan, seconded by Hogue, permission be granted. Carried by unanimous vote. The Director of Housing's operations financial report was presented and ordered filed by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission report of October 14th recommending approval of Louis L. Tompkins' application for zone change from an R-2 to an R-4-P-D Planned Development Zone (property located between 14th and 16th Streets, Grove Terrace Sub- division and Orange Avenue), for the construction of a 93 unit deluxe town house complex. Director of Planning Stockman recommended the report be received and referred to the City Clerk and a public hearing be held at 8:00 p.m., November loth. Moved by Hogue, seconded by Allen, the Director of Planning's recommendation be approved. Carried by unanimous vote.' DIRECTOR OF PLANNING STOCKMAN stated an organization meeting had been called by Larry Ruehle, General Chairman of the Citizens' Committee for the Development of fhe General Plan, for all members of the Steering Committee and all sub -committee chairmen, to be held at 7:30 p.m., Monday, October 26th, in the City Hall. The report of the City Treasurer for the month ending September 30th, 1964, was presented. Moved by Gautereaux, seconded by Morgan, the City Treasurer's report be approved and filed. Carried by unanimous vote. MAYOR GAUTEREAUX read a communication from Bill Lambert, Chairman, Civil Service Commission, in regard to the Civil Service Commission's findings and actions on Miss Dora Hergert's dismissal and appeal: Charge 1: Irregularities in payroll records - sustained. Charge 2: Misuse of gasoline from City pumps. There is evidence of irregu- larities but not substantial evidence to support the full extent of these charges. Charges 3 and 4: Unauthorized Bank Account, and lax and unbusinesslike manner of handling revenues. We recommend these two charges be left to the City auditors and if substantial evidence is substantiated, then criminal or administrative action be taken. Charge 5: Dismissal of child in the swimming team with no evidence of cause - sustained. The appeal was denied. The administrative action taken was sustained. The appeal is denied on all grounds stated in the appeal as follows, and the Board finds as follows: There is substantial evidence to support the need for the disciplinary action taken in regard to Charges 1 and 5. The action taken was not a result of political, religious, racial bias or prejudice. The action taken was not unreasonable, capricious 10/20/64 186 or arbitrary in view of the events, the circumstances surrounding the events, and the past record of the employee. MAYOR GAUTEREAUX stated it is the duty and the responsibility of the -;Council to either accept or reject the findings of the Civil Service omission. Moved by Morgan, the matter be placed on the Agenda for next wee. Motion died for taek of a second. Moved by Hogue, seconded by Allen. the action=of the Civil Service Commission be affirmed. Carried, by the following vote, to -wit: Ayes: Allen,Colburn, Hague, Gautereaux, Nays: Morgan. MOVED BY MORGAU, seconded by Allen, the meeting tosed.- Carried by unanimous vote. The meeting closed at 1U:33 ATTEST; t;1,1 tR ` t©/2a/64