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HomeMy WebLinkAbout1963 12-10 CC MIN178 National City, California, December 10, 1963 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Carstens, Foster, Gautereaux, Hess, Osburn, Planning Aide Reeves, Stratton. The meeting was opened with salute to the flag by City Manager Hess, followed with invocation by the Rev. Ted Hicks, Calvary Baptist Church. Moved by Hart, seconded by Colburn, the minutes of the regular meeting of December 3rd be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated there are ten resolutions for presenta- tion, the first is giving notice of proposed annexation and time and place of hearing for "Proctor Annexation". Moved by Hart, seconded by Allen, the reading of the Resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 8521, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'PROCTOR ANNEXATION' AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO", Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux, Nays: None, RESOLUTION NO. 8522, "RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR PLANNING GRANT (Public Library Development Act)", was read, Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux, Nays: Morgan. RESOLUTION NO. 8523, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING NOTICE OF COMPLETION (Project AFW-Calif-58G, Casa de Salud Community Building)" was read. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8524, "RESOLUTION AUTHORIZING MAYOR TO EXECUTE AN AGREE- MENT FOR SALE OF VACANT SCHOOL BUILDING (211 W. 29th Street)", was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Councilman Morgan stated it is wise to advertise for bids instead of selling to one party. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Morgan. Abstaining: Hart, Moved by Allen, seconded by Hart, to defer the reading of the remaining resolutions until after the hearings. Carried by unanimous vote. 12-10-63 179 CITY ATTORNEY CARSTENS stated there are three ordinances for second and final reading pertaining to annexations. Moved by Alien, seconded by Colburn, to waive the reading of the ordinances and adopt by reading of the titles only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1084, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED '24TH STREET ANNEXATION' TO THE CITY OF NATIONAL CITY". Moved by Morgan, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1085, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'PROSPECT STREET ANNEXATION' TO THE CITY OF NATIONAL CITY". Moved by Colburn, seconded by Allen, the Ordi- nance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. 1086, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TER-aTORY DESIGNATED 'SWEETiATER ROAD ANNEXATION' TO THE CITY OF NATIONAL CITY". Moved by Alien, seconded by Morgan, the Ordi- nance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. Moved by Morgan, seconded by Allen, to defer the reading of the ordi- nance adopting a uniform fire code until after the hearing. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated a summons, Delia C. Giacalone and Salvatore Giacalone vs. City of National City and Kenneth H. Golden Co. was refer- red to him and it will be necessary to file a response and requested authority to file response to Court Action No. 280415. Moved by Morgan, seconded by Allen, the authority be granted. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated the City Clerk referred a copy of a sum- mons and complaint filed by the U. S. National Bank, alleging certain taxes on property of the bank were improperly levied as personal prop- erty taxes. They are suing for refund. The County Counsel has under- taken to defend the action on behalf of the County and it may be possi- ble to file an answer with the County Counsel without incurring addi- tional expense to the City and requested authority from the Council to investigate the possibility with the County and determine what alterna- tive we have and what the possibility is for a report back to the Coun- cil. Moved by Morgan, seconded by Allen, the City Attorney's request be granted. Carried by unanimous vote. City Attorney Carstens stated there is a 30 day extension from the bank in which to answer and if it is deemed necessary to file an answer requested authority to do so. 12-10-63 180 Moved by Allen, seconded by Colburn, the request be granted. Carried by unanimous vote. CITY ATTORNEY CARSTENS reported on the Public Utilities hearing, South- ern Counties Gas Company, an investigation into the operation of the San Diego Gas and Electric Company. City attorneys from every city in the County were present and each indicated an interest in why the San Diego Gas and Electric Company has not seen fit to refund some $1,500,000 received as rebates and passed it on to the consumers. The Federal Power Commission held hearings recently which ordered refunds of what they termed excessive charges. There will be additional hearings next year. REPORT OF THE CITY MANAGER AND CITY ENGINEER on special assessment hear- ing on nLU Avenue from 4th to 6th Street, "Mtt Avenue from 4th to 8th Street, 6th Street from Palm Avenue west to Sunny Vale, 7th Street from Palm Avenue west to termination was read. Moved by Allen, the recom- mendations be approved and referred to the City Attorney for further processing as a 1911 Act. Mayor Gautereaux stated the motion was out of order as this is just the report and the continued hearing will be at 2:00 o'clock, and recommended the report be laid over until after the hearing on the Resolution of Intention. CONTINUED HEARING ON RESOLUTION OF INTENTION NO. 8499 was held at this time. City Clerk Stratton read a letter from Mr. and Mrs. Ernest L. Garcia stating they favor improvement of 6th Street. Letters of pro- test from: William X. and Carolyn M. Ross, 530 itL!t Avenue; Manuel M. and Marian C. Souza, 536 "L" Ave.; Donald H. and Carmen V. Zachary, 1407 E. 6th St.; Norman F. and A. M. Balke, 403 E. 6th St.; Robert F. and Beverly M. Liening, 1411 E. 6th St.; Thomas and Elsie M. Bond, 1415 E. 6th St.; George R. and L. G. Wall, 1511 E. 6th St.; Raul R. and Eleanor L. Rico, 1420 E. 6th St.; Elisandro and Lidia Chavez, 1521 E. 6th St.; Arthur R. and Helen P. Johnson, 1531 E. 6th St.; James A. and Iva M. Bird, 1136 E. 4th St.; and a petition signed by 100% of the property owners on the alley in Block 15, Pepper Plat, Map 1515. Peter Maxwell Steele, 905 E. 6th St., was present and inquired what was said about the alley. City Clerk Stratton stated there was 100% protest on the alley. Moved by Morgan, the hearing be closed. Seconded by Allen, provided it is understood by Mr. Steele the recommendation does not include the improvement of the alley. Mary Margaret Smith, representing her mother, Mrs. Daleo, 524 "J" Avenue, was present and stated they protested the cost of improving the alley, not improvement; and asked how they could reach a compromise improvement with the City. She was advised by the Mayor it would require a new petition. 12-10-63 181 John E. Stoner, 1418 E. 7th Street, was present and stated the property owners on 7th Street all favor the improvement and asked if because peo- ple on 6th Street don't want the improvement will that mean the 7th Street improvement. City Manager Hess stated he could not answer until the Council votes, and a 4/5 vote will be necessary. Moved by Morgan, seconded by Alien, the hearing be closed. Carried by unanimous vote. City Manager Hess stated written protests represent 30.675 of the total area. Moved by Morgan, seconded by Hart, to proceed on the 1911 Act project only on 7th Street. Mayor Gautereaux stated the motion is out of order as there are certain things which have to be taken in steps prior to the time the motion can become in order; the forst consideration is the alteration of work on the Engineer's report. CITY ENGINEER FOSTER reported on amended plans and specifications for the improvement specified in Resolution of Intention No. 8499, and read Document No. 33647, recommending changes in the items of work on the proposed estimate, eliminating the improvement of the alley in Block 15 and the cost of removal and replacement of curb on the assessment; original estimated cost $50,960, revised estimated cost, $43,915.32. RESOLUTION NO. 8525, "RESOLUTION ADOPTING AMENDED PLANS AND SPECIFICA- TIONS ("L" AVENUE FROM 4TH STREET TO 6TH STREET, "M" AVENUE FROM 4TH STREET TO 8TH STREET, 6TH STREET FROM PALM AVENUE WR-ST TO SUNNY VALE, 7TH STREET FROM PALM AVENUE WEST TO TERi'iINATION, ALLEYS IN BLOCK 15, PEPPER PLAT, MAP 1515)", was read. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. Moved by Morgan, the City Attorney and City Manager prepare a resolution for next week for 7th Street only. Mayor Gautereaux stated the motion was out of order. Moved by Allen, seconded by Colburn, the Resolution to Proceed be read. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux Nays: Hart, Morgan. Mayor Gautereaux stated the motion carried but was not effective because a 4/5 majority was required. City Attorney Carstens stated there have been two hearings, the first hearing before the City Engineer and the City Manager and as their report indicated, some of the estimated assessments are more than z the true value of the property, it requires a 4/5 vote of the Council to override the debt limitation. As the required 4/5 vote was not met, the project cannot proceed. There still has been no action taken on the Hearing on the Resolution of Intention, but until the Council determines what action to take, he recommended no further action be taken on the Resolution 12-10-63 182 of Intention. Moved by Allen, seconded by Colburn, the City Attorney's recommendation be accepted. Carried by unanimous vote. Resolution that project should proceed was not read. MAYOR GAUTEREAUX declared a five minute recess. MAYOR GAUTEREAUX called the meeting to order at 3:15 p.m. Council mem- bers present: Allen, Colburn, Hart, Morgan, Gautereaux. Absent: None. HEARING ON PROPOSED "SLEPKO ANNEXATION" was held at this time. City Clerk Stratton read protests from J, R. & Stella I. Richard, James and Rose E. Sieger, Levi B. and Mournen F. Moffitt, Sweetwater Assembly of God Church, Valley Ranch, and Etta Sue Paine. John Bryant, 8711 Hartzell Drive, Sexing Valley, was present and asked if the Moffitts were within the annexation. Planning Aide Reeves stated they were outside the boun- daries. Planning Aide Reeves stated the written protests represented 48.73% of the land valuation of the area proposed to be annexed. Jim Sieger, 2105 E. 32nd Street, owner of property within the annexation area, was present and stated he believed the protests represented more than 50%. He displayed a map and pointed out parcels of land where the owners protested. It was explained that although the actual acreage might be more than 50%, the true value of the property is the determin- ing factor and of the true value, there was a 48.73% protest. Mr. Sieger also stated annexation was defeated at the polls on July 30th and other annexation proceedings cannot be initiated for a year. City Attorney Carstens explained uninhabited annexations do not come within the meaning of this section of the Code and the opinion of the Attorney General of the State of California is that uninhabited annexations may be initiated within the one year period. Moved by Allen, seconded by Colburn, Attorney there is the hearing be closed and information referred to the City to proceed with the annexation. City Engineer Foster stated an existing City -owned sever on Sweetwater Road. Motion car- ried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8526, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (SLEPKO ANNEXATION)", was read. Moved by Allen, sec- onded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. HEARING ON THE PROPOSED "GRANGER AVENUE ANNEXATION", was held at this time. City Clerk Stratton read letters of protest from Lillian and Nick DeNunzio, Faith Freewill Baptist Church, Robert E. and Ellen G. Knauer, and a petition signed by the trustees of Faith Freewill Baptist Church. Mrs. Ellen Knauer, 2830 Leonard Street, was present and asked if there were sufficient protests to protest out the annexation. Plan- ning Aide Reeves stated he would have to re -figure the percentages as 12-10.63 183 some of the protests were brought in just before the start of the meet- ing. Moved by Allen, seconded by Morgan, the hearing be closed. Car- ried by unanimous vote. Mayor Gautereaux stated the Council would con- tinue with the next item of business while the percentage was being figured. HEARING ON THE PROPOSED UNIFORM FIRE CODE was held at this time. City Clerk Stratton stated she has received no written protests. There was no one present in this regard. Moved by Allen, seconded by Hart, the hearing be closed. Carried, by unanimous vote. Fire Chief Bailey was present and stated other cities have adopted the Fire Code, Escondido is now in the process. In answer to a question from Councilman Morgan, the Fire Chief stated the ordinance is not so restrictive as to prohibit new business from moving to National City. City Clerk Stratton stated the Code was on file in her office for fifteen days prior to the hearing and publication of notice of the hearing was made in compliance with the law. City Attorney Carstens stated the publication has been made, the public hearing held, the documents were on file with the City Clerk, meeting the requirements of the Code and recommended the second read- ing of the ordinance be waived and it be adopted by title only. Moved by Morgan, seconded by Allen, the City Attorneys recommendation be approved. Carried by unanimous vote. ORDINANCE NO. 1087, "AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIB- ING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND REPEALING ORDINANCES 386, 598, 772, AND 919 OF THE CITY OF NATIONAL CITY". Moved by Allen, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. PLANNING AIDE REEVES stated the protest percentage on "Granger Avenue Annexation" is 51%. Moved by Morgan, seconded by Hart, the "Granger Avenue Annexation" be dropped. Mayor Gautereaux stated since the pro- test is so close it be laid over for one week to check the accuracy of the protest. Motion and second were withdrawn. Moved by Morgan, sec- onded by Hart, the "Granger Avenue Annexation" be laid over for one week. Carried by unanimous vote. Don Baxter, 610 "G" Street, Chula Vista, was present and requestedper- mission to paint house numbers on curbs. He was told the Council granted permission to another group for the same purpose a short time ago. Moved by Allen, seconded by Colburn, the communication from Marguerite Baxter in regard to the same matter and on the agenda under New Busi- ness be filed. Carried by unanimous vote. 12-10-63 184 E. H. Alsdorf, 2105 "J" Avenue, was present and stated because the sewer tax is billed by the water company there is no way to show it and to deduct it from federal and state income taxes. COUNCILMAN HART stated in the newspaper story in regard to the Real Estate Committee meeting he was quoted as not wanting to spend $2,000. He stated he wanted it understood he was talking about not wanting to spend the taxpayer's money, not his own money. John Stoner, 1418 E. 7th Street, stated he thought it was terrible for the Council to be so old-fashioned to vote against the 1911 Act. Coun- cilman Morgan asked if it were not possible to drop all but 7th Street from the 1911 Act. City Attorney Carstens stated the Streets and High- ways Code has provisions for making changes or amendments to the plans and it is within the Council's power to make the amendments. The City Attorney stated the question on this 1911 Act was not one of majority protests, but of debt limitation, and he could not state whether or not the assessments on the properties on 7th Street would exceed the debt limitation. Moved by Morgan, seconded by Hart, the 1911 Act on 7th Street be turned over to the City Manager and the City Engineer and they bring back a resolution next week on this one street. Motion failed by the following vote to -wit: Ayes: Hart, Morgan. Nays: Alien, Colburn, Gautereaux. VICE MAYOR ALLEN stated he talked with the doctor at Mercy Hospital in regard to Assemblyman Donovan who is doing very well. Moved by Allen, seconded by Morgan, the City Manager write a letter from the Mayor and Council to Assemblyman Donovan. Motion and second were withdrawn when City Manager Hess stated he has already mailed such a letter. VICE MAYOR ALLEN stated the picture of the first president is on one wall of the Council Chamber, a picture of the last president on another, a picture of Lincoln on another. Moved by Allen, seconded by Morgan, a resolution be prepared stating within public buildings in National City that have offices of size required, there be placed after the period of mourning the president's picture in its accustomed place, the other two presidents' pictures on the walls where they are accustomed to hang, and the late assassinated president's picture on the blank wall where we now have no picture, and if it is carried, copies of the resolution are to be sent to: The President of the United States, the Congress of the United States, the Legislators of California, and the Congressmen from San Diego County, the Governor of California, San Diego County State Senators, and all San Diego County Assemblymen, San Diego County Board of Supervisors, the City Councils of thirteen cities in San Diego County, and Superintendent of National City School District. Carried by unanimous vote. 12-10-63 185 MAYOR GAUTEREAUX publicly thanked the Chamber of Commerce for the Christ- mas decorations for the community and the City employees who helped in the Christmas display. MAYOR GAUTEREAUX read a letter of resignation from the Human Relations Committee of the Rev. Raymond Keeble due to the pressure of work and limits of strength. Moved by Allen, seconded by Morgan, the resignation be accepted with regret. Carried by unanimous vote. CITY MANAGER HESS reported in regard to the water running over private property in the area of 937 Manchester, a review of the correspondence indicates the problem has existed for some time; F.H.A. requirements and the City has no City has no control over it and no the engineering met easements in the area. The action is required. Councilman Colburn stated he would appreciate the City Manager's notifying the property owners of the report. MINUTES of the Park and Recreation Advisory Board meeting of November 7th were presented and ordered filed by unanimous vote. MINUTES of the Real Estate Committee meeting of December 6th were pre- sented. Moved by Hart, seconded by Allen, the minutes be filed and the recommendation of the City Council inspect similar projects at either Phoenix or Tucson be approved. City Manager Hess stated he would like to know when the Council will be available to make the trip. It was decided to go on December 16th by commercial plane. Councilman Hart stated he would not be available. CITY CLERK STRATTON read the recom- mendation in the Real Estate Committee minutes to accept $5,000 net to the City from Burnett's Furniture Co. Moved by Colburn, seconded by Allen, the recommendation be approved if it is a direct sale. Motion carried by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. Motion to file the minutes and approve inspection by Council members carried by unanimous vote. CITY MANAGER HESS stated the fourth Council meeting of the month will fall on December 24th and suggested it be changed to 7:30 p.m., Decem- ber 23rd. Moved by Morgan, seconded by Allen, the recommendation be approved. Carried by unanimous vote, CITY MANAGER HESS recommended a resolution of appreciation and congratu- lations be prepared for the members of the Casa de Salud Dedication Committee. Moved by Morgan, seconded by Allen, the recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated as a matter of information concerning the pro- posal made by the Clair Burgener Real Estate Company, should the project be developed, it would generate 650,700 man hours of labor locally, the material they would purchase would amount to $5,124,000 locally, the 12-10-63 186 value would be in the vicinity of $8,900,000, the project would accomo- date some 854 dwelling units and this would be approximately 23 per acre, an approximate increase in population of 2,400 people. MINUTES of the San Diego County Water Authority for November 14th were presented and ordered filed by unanimous vote. A notice of committee meetings was read. CITY MANAGER HESS stated a request for a no -fee permit to sell Christmas trees at 18th and Granger was received from Boy Scout Troop No, 43 and suggested it be granted. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS read a communication from the Chamber of Commerce dated December 4th in regard to a recommendation of the Board of Direc- tors to install a traffic signal at the intersection of Plaza Blvd. and Palm Avenue. The Engineering Department is preparing specifications for the signal at this corner. He stated a number of protests to one way traffic on 12th Street have been received. The City Manager recom- mended the letter be filed, that one week prior to bringing in a recom- mendation the press give it some publicity so that persons who are opposed may be apprised as to conditions and necessity of the recommen- dation. Moved by Allen, seconded by Morgan, the City Manager's recom- mendations be approved. Carried by unanimous vote. CITY MANAGER HESS stated a cancellation of sidewalk bond for the Grif- fith Company was received; as they are doing no work at the present time, recommended it be filed. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER HESS stated under Ordinance 885, Section 2, it is neces- sary at this time to call your attention to certain aspects of the 1911 Act on "J" and "K" Avenues, and asked the City Attorney to clarify cer- tain points relative to the proceedings. City Attorney Carstens stated certain action was taken on /IXt and "K" Avenues, and because some of the assessments exceed the debt limitation it is necessary the resolu- tion to proceed with work must be approved by a 4/5 vote. According to the minutes the Resolution received a three to two vote. Unless the debt limitation is overruled by 4/5 vote the project cannot proceed in its present form. City Manager Hess displayed charts and graphs show- ing the cost of the project to date, the cost of the drainage installed in the area. He stated the monies represented are lost if the project does not continue. The City Manager stated the 1911 Act priority list was accepted by the Council by unanimous vote, indicating the Council favored the work. He stated the City has expended $90,000 to date (including drainage) on this particular project. City Attorney Carstens 12-10-63 187 stated there are three alternatives: the entire project can be scrapped, additional contributions to the project can be made by the City in order to bring it down to the 50% level ($40,000 or $50,000 of City money), or the Council can adopt a new Resolution determining the pro- ject should proceed which requires a 4/5 vote. Councilman Morgan stated he favored the City's contributing additional money (15 or 20%) to bring down the cost of the entire project to the people; as 75% of the people in the area are against the cost of the project he cannot vote for it as it stands. Councilman Colburn stated if this were the case, he would request a rebate as he paid for his street; if the Coun- cil sets the precedent of paying a large share of the costs, they will be expected to do it on other projects. Councilman Morgan stated he did not think it was fair to lay the entire cost of the drainage against these few streets. E. H. Alsdorf stated the $90,000 spent on drainage should be going down the drain...that's where we want the water to go; also the assessment against his pro-erty is $28.45 per foot for his improvement, nearly $1,000 for each 25 foot lot. Mayor Gautereaux said he thinks we have seen one of the greatest injustices done to the people of the City; there were many protests on 1911 Act Improvement on High- land Avenue and Plaza Blvd. Mrs. Raymond W. Knight, 2308 "L" Avenue, was present and stated the people did not ask to have the money spent, nor were they consulted; she feels the people are not in any way responsible for the expenditure. Mayor Gautereaux stated he was not finished and as he started to say before he was so rudely interrupted, he does not feel it is possible to determine the policy of the Council in regard to 1911 Acts and would favor abandoning any future 1911 Acts until such time as the Council can set policy consistent from beginning to end. Vice Mayor Allen asked to have the charts displayed again and pointed out that the chart states 39% protest, not 75% as Councilmen Hart and Morgan :stated.. Moved by Allen, seconded by Colburn, to pro- ceed with the project and read the resolution determining the project should proceed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart., Morgan. Moved by Allen, seconded by Colburn, to waive the reading of the resolution and adopt it by title only. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO.. 8527, "RESOLUTION DETERMINING THAT PROJECT SHOULD PRO- CEED ("J" Avenue from 18th to 24th Street, "K" Avenue from 21st Street to 24th Street, 21st Street from Highland Avenue to "L" Avenue, 23rd Street from "I" to "L" Avenue)". Moved by Colburn, seconded by Allen, the Resolution be adopted. Motion failed as required by 4/5 vote as follows: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. 12-10-63 188 COUNCILMAN COLBURN stated the resolution determining project should pro- ceed for the "L" Avenue 1911 Act was not read although there was a 3-2 vote to have it read, and asked if it had any bearing. Moved by Colburn, seconded by Allen, the reading of the resolution be waived and it be adopted by title only. Carried by the following vote to -wit: Ayes; Allen, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO. 8528, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED ("L" Avenue from 4th Street to 6th Street, "M" Avenue from 4th Street to 8th Street, 6th Street from Palm Avenue west to Sunny Vale, 7th Street from Palm Avenue west to termination, alleys in Block 15, Pepper Plat, Map 1515)". Moved by Colburn, seconded by Allen, the Resolution be adopted. Motion failed as required by 4/5 vote as follows: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. Vice Mayor Allen stated this is an indication that in all probability 1911 Acts are dead in this City at this time; on the strength of the fact that Mr. Morgan claims to have a list of names representing 75% protest, he would like to have a study made. Moved by Allen, seconded by Morgan, the 1911 Acts be referred to the City Manager and the City Engineer to determine a concrete amount of money the City could come up with and report back to the Council when the figures are complete. City Manager Hess stated this is impossible, we cannot come up with a figure until we have the go-ahead; it was felt we did have the go-ahead on this project; this is as far as we can go; the work. New money the existing budget. before we can come up with a figure we have to do cannot be appropriated for these projects under Motion carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan. Nays: Colburn, Gautereaux. CITY CLERK STRATTON reported she was served with a summons against the City of National City and Kenneth H. Golden Corp. by Delia and Salvatore Giacolone which she referred to the City Attorney and the insurance car- rier and requested the Council to ratify her action. Moved by Morgan, seconded by Allen, the action be ratified. Carried by unanimous vote. CITY CLERK STRATTON reported receipt of certificates of publication of notice to bidders inviting sealed bids on the two 1911 Acts, "J" Avenue and 12th Street, and notice of hearing on the Uniform Fire Code. Ordered filed by unanimous vote. CITY CLERK STRATTON stated there will be a General Election in April and it is time to start appointing election officers and polling places and requested the Council's approval to do so. Moved by Morgan, sec- onded by Allen, the request be granted. Carried by unanimous vote. City Clerk Stratton stated she would like to set the rates of pay as they have been in the past: $15 for Inspectors, $12 for Judges and Clerks, $10 for polling places, Moved by Morgan, seconded by Colburn, the rates be approved. Carried, by the following vote to -wit: Ayes; 12-10-63 Allen, Colburn, Hart, Morgan, Gautereaux. Stratton stated recent legislation permits open for an additional hour, but suggested 189 Nays: None. City Clerk the polling places to remain the polls remain open from 7:00 a.m. to 7:00 p.m. as in the past. Moved by Alien, seconded by Morgan„ the polls remain open from 7:00 to 7:00. Carried by unanimous vote. City Clerk Stratton stated there are 59 voting precincts, but some of the districts contain as few as ten people and requested per- mission to consolidate some precincts. Moved by Morgan, seconded by Allen, the City Clerk be granted permission to consolidate precincts. Carried by unanimous vote. CITY ENGINEER FOSTER stated the V. R. Dennis Company has requested post- ponement of the work with slurry seal coat due to the low temperatures and high humidity until spring and he recommended the delay. Moved by Colburn, seconded by Allen, to approve the recommendation. Carried by unanimous vote. The report of the Director of Public Housing was presented and ordered approved and filed by unanimous vote. PLANNING AIDE REEVES read the recommendation of the Planning Commission to accept the "Ridgeway Drive Annexations'. Moved by Allen,, seconded by Colburn, the annexation be referred to the City Attorney for further processing. Carried by unanimous vote. E. H. Alsdorf stated the petition for improvement of "J" and uK" Avenue was made in 1956 and should have been checked before going as far as was gone with the Engineering. Mayor Gautereaux stated this was absurd because they had to do the drainage before they could do the engineering. Charles G. Kerch, President, Metropolitan Shopping Square, Inc., was present and presented a letter stating they would dedicate Euclid Blvd. as an 80 foot strip through their property and requesting improvement of it under 1911 Act. Moved by Morgan, seconded by Colburn, it be referred to the City Engineer for processing as a 1911 Ace. Carried by unanimous vote. Charles G. Kerch, National Cityfs Director of the San Diego County Water Authority, reported on recent proceedings of the body, and the Udall Water Plan. COUNCILMAN COLBURN left the Council Chamber. CITY MANAGER HESS stated he protested the innuendos and references made today concerning the accuracy of the figures used in connection with the 1911 Acts and feels it is a direct attack of his integrity and out of order. Councilman Hart stated he merely said it is accurate accord- ing to law but he thinks oral protests should be counted. Councilman 12-10-63 190 Morgan said he will continue to vote the way he thinks the people want. Mayor Gautereaux stated if it is any consolation, we have to consider the source. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. The meeting closed at 4:57 p.m. MAY9R, CITY OF NATIONAL CI ATTEST: CITY CLERK IFORN IA 12-10-63