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HomeMy WebLinkAbout1962 06-26 CC ADJ MIN451 National City, California, June 26, 1962 Adjourned meeting of the City Council of June 26, 1962, held at 1:30 p.m. o'clock, was called to order by Mayor Gautereaux at 7:3Q p.m. o'clock. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS Present: Alston, Biggs, Carstens, Foster, Gautereaux, Hergert, Hess, Kerr, Osburn, Stockman. The meeting was opened with pledge of allegiance -to the Flag by City Manager Hess, followed with invocation by Reu Ct'ark of the First Baptist Church. CITY CLERK ALSTON stated with regard to the minutes of the regular meeting of June 19th, Resolution 8130, Page 436, should be corrected to read: "Grant Deed from Clifford B. and Lydia R. Hewitt" instead of easement; and with this correction she asked the minutes be approved. Moved by Allen, seconded by Colburn, the minutes be approved as corrected. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO. 8136 was read, accepting two easements from Sweetwater Union High School District of San Diego County. Moved by Morgan, seconded by Hart, the Resolution be adopted, Carried by unanimous vote. RESOLUTION NO. 8137 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ALTA DRIVE ANNEXATION," AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8138 was read, "RESOLUTION OF CONSENT AUTHORIZING THE CALLING OF AN ELECTION FOR THE FORMATION OF A SAN DIEGO UNIFIED PORT DISTRICT." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes:. Allen, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO. 8139 was read, "RESOLUTION APPOINTING AND FIXING COM. PENSATION OF CITY MANAGER, CITY ATTORNEY AND DEPUTY CITY ATTORNEY." Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote, CITY CLERK ALSTON administered the Oath of Office to the newly appoint- ed Deputy City Attorney William L. Todd, Jr. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNIHABITED TERRITORY DESIGNATED "LISCHEID ANNEXATION" TO THE CITY OF NATIONAL CITY," was presented for the first reading, and read in full. 6/26/62 452 ORDINANCE NO. , an ordinance approving the annexation of certain uninhabited territory, designated "Williams Annexation," to the City of National City, was presented for the second and final reading, and the title was read in full. Upon motion of Allen, seconded by Hart, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1033, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "WILLIAMS ANNEXATION," TO THE CITY OF NATIONAL CITY." Moved by Hart, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ATTORNEY CARSTENS stated with regard to the First Christian Church of National City escrow we have received a number of documents from the escrow including the escrow statement; a check in the amount of $4,079.35 payable to the City of National City; eight notes securing eight trust deeds on said property; and a policy of title insurance. We have also received an escrow receipt from the Bank of America Escrow Dept, requesting the receipt be executed by the proper official and returned to them for their files. Attorney Carstens stated a 11 of the details of the escrow appear to be in proper order, and recommended the escrow statement, notes, check, and the policy of title insurance be filed, and also the trust deeds when returned from the County Recorder's office be filed by the City Clerk, and she be authorized to execute the escrow receipt and return it to the Escrow Dept. of the Bank of America. Moved by Morgan, seconded by Allen, the recommendation of the City Attorney be approved relative to the First Christian Church escrow; and the check be deposited with the City Treasurer. Carried by unanimous vote. ATTORNEY CARSTENS stated at the last meeting a communication was read by the City Manager in regard to a communication he had received from Housing Director Gautereaux, indicating there had been submitted to the City an offer to tear down the remaining twenty -.two units of the two-story buildings. The matter which was referred was for an opinion whether or not the offer could be acted upon by the City. The bidding has been completed and the successful bidders were awarded contracts. This was not in the form of an actual bid pursuant to notice of bidding, it was an offer from the people. In researching the applicable law there are certain provisions in the Government Code which require bidding when there is a contract involving public pro- jects. However, in the definition of what a public project is the definition includes construction, maintenance, etc. of buildings and stated nothing about tearing down buildings. Also the provision re- quiring bidding stated any contract let for money expended in excess 6/26/62 453 of $2,500. must go to bid. The particular offer is in the amount of $990. which is substantially less than the statutory requirement. In the opinion of the City Attorney, the particular item at hand does not come within the requirements of the Government Code in regard to bidding, and if it is the desire of the Council he feels it would be proper for them to enter into negotiations for a contract with these people for removal of the housing without going through the require- ment of bidding. Moved by Allen, seconded by Hart, the recommendation of the City Attorney be approved, and the City Attorney, City Manager and Housing Director prepare the necessary papers to fulfill the contract with Mr. Sanchez. CITY MANAGER HESS stated he thought the motion should include the other 15 buildings also. The persons in-. volved in the 15 buildings were the only bidders. COUNCILMAN HART withdrew his second to the motion, and VICE MAYOR ALLEN withdrew the motion. Moved by Morgan, seconded by Hart, we reject all bids and re -advertise for selling the two-story housing, and also in the ad- vertisement we would have an opening date and also they would be able to submit offers at the time Council opens the bids, or in front of the Council if it comes later. Motion lost, by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. HEARING ON CHASE ANNEXATION was held at this time. CITY CLERK ALSTON reported she received no written protests, and no one was present in this regard. Moved by Allen, secondoed by Hart, the hearing be closed and referred to the City Attorney/continue the necessary procedure to complete the annexation. Carried by unanimous vote. Moved by Colburn, seconded by Gautereaux, we authorize the Housing Director to advertise for bid, using the same method he did originally, on the remaining twenty-two units, authorizing the remainder, if there are any, to be auctioned off. Carried by unanimous vote.. Moved by Colburn, seconded by Alien, we accept the recommendation of the Housing Director on the bids on the fifteen units that were bid on for the highest price. Carried by unanimous vote. MAYOR GAUTEREAUX stated in preparing for the remaining bidding on the 22 units available, a motion would be in order it be referred to the City Attorney for the drafting of the bidding. Moved by Morgan, seconded by Allen the recommendation of the Mayor be approved. Carried by unanimous vote. JOHN RHOADES, Attorney, representing L. R. Robinson, was present, and presented a petition, relative to the use of property which Mr. Robinson owns, located on "M" Avenue between 8th Street and 9th-Street. Several months ago Mr. Robinson requested a building permitto build an apartment house on the property, but it was not granted. 6/26/62 454 According to the City Engineer's reports, which Atty. Rhoades stated he read, there is some vague hope, in the future, that between 8th and 9th Streets there will be a street on 'tM" Avenue, however, there is no money available and there are no present plans, and the street would lead to nowhere. Mr. Rhoades respectfully requested the City Council instruct the appropriate officers, the Building Inspectors specifically, to issue a building permit for Mr. Robinson to build his apartment on the property he now owns, Moved by Morgan, we put this on the agenda for next week. Motion died for lack of a second. Moved by Hart, seconded by Gautereaux, the permit be granted to Mr. Robinson without any more delay. Carried, by the following vote to - wit: Ayes: Colburn, Hart, Gautereaux. Nays: Allen, Morgan. JACK JONTE, Board Member of the National City Chamber of Commerce, and Committee Chairman of the Commercial Development Committee, was present, and urged the City Council to do everything in their power to finish Plaza Blvd., and give it top priority in the street program. Moved by Alien, seconded by Colburn, Plaza Blvd. from Palm to Harbison Ave. be advanced to No. 1 priority on the 1911 Act list. Carried by unanimous vote. MR. JONTE asked what ordinance the City has governing the ten foot setback on Highland Avenue in regard to displaying washing machines, vacuum cleaners, etc. on the sidewalk. MAYOR GAUTEREAUX stated the enforcing of -the ordinance is the responsibility of the Chief of Police and the officers, and if there is a complaint, which you do have, or have something specific which you are referring to, would recommend the Chief of Police be contacted and make a complaint and it will be complied with. Moved by Morgan, we turn the problem over to the City Planner and let her check it and see if there is any violation." Motion died for lack of a second,. CITY PLANNER STOCKMAN stated she did not believe Mr. Jonte was desirous of placing a complaint. The Zoning Ordinance does control the ten foot setback on Highland Avenue, but there is no control in the ordinance saying they cannot set their merchandise out in that area. Under consider .tiet'i at the present time by the Planning Commission is a type of zoning going in Sweetwater Valley which will control and state all business must be conducted within a building; and the only thing that could be outside is the off-street parking. In the -past the Planning Commission has given thought to all permitted uses except parking, loading and incidential storage as limited in the ordinance shall be conducted entirely within a completely closed building. No residential area shall be used for any of the above permitted uses. Mrs. Stockman said she would like to recommend some study be conducted by the Planning Commission relative to some control on this sort of thing. 6/26/62 455 Moved by Allen, seconded by Hart, the recommendation of the City Planner in regard to control of this type of thing by ordinance be approved, and it be referred to the Director of Planning and the Planning Commission.. Carried by unanimous vote. VICE MAYOR ALLEN stated sometime ago there was an opinion by a previous City Attorney a City Councilman could not wear a uniform of a Reserve Policeman due to the fact it would be a conflict of interest; and asked Attorney Carstens if he would research and see if he can find if this opinion actually holds. Moved by Colburn, seconded by Allen, we direct the Chief of Police to certify the back overtime pay of the Police Officers to the Finance Committee and the City Council for a review and audit. Carried by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. Moved by Allen, seconded by Colburn the report be made by the Chief of Police before the Council at the next Council session. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. COMMUNICATION FROM DIRECTOR OF PUBLIC WORKS BIGGS was read, stating a vacancy was recently created on the National City Building Code Board of Appeals due to the resignation of Glen C. Isbell.. Members of said Board are appointed by the Mayor and shall serve at his pleasure. It is requested consideration be given to the appointment of Alvin Clancy, California Licensed Building Contractor to fill the vacancy. Mr. Clancy resides at 1236 Far1e Drive and maintains offices at 816 E. 6th Street. MAYOR GAUTEREAUX. recommended Mr. Clancy be appointed to the Building Code Board of Appeals. Approved by unanimous -vote. COUNCILMAN MORGAN stated he talked with Mr. Rubio, who was recently appointed to the Traffic Safety Committee. Mr, Rubio said it is hard to get a quorum on the Committee and he is not too happy., Mr. Morgan said he would like to see Mr. Rubio appointed as a member of the Planning Commission when there is a vacancy. MAYOR GAUTEREAUX request- ed City Manager Hess to follow through on the point ofcontacting that department and make a determination as to the meetings and why there have not been a quorum present. COUNCILMAN MORGAN stated it is his understanding the Mayor had an appraisal made of the Hewitt property, and asked if he had,. MAYOR GAUTEREAUX stated he did not have an appraisal made; he read an appraisal that was made, and stated he did not have it in his possess- ion but it can be brought up under unfinished business at the next Council meeting. COMMUNICATION FROM CITY LICENSE COLLECTOR KERR was read, stating 6/26/62 456 Sec•ion 51 of Ordinance No. 708 requires anyone requesting a free license to apply to the City Council. The Council may at its option, and good cause appearing therefor, waive the payment of any license fee required by this Ordinance to be paid by any religious, charitable, fraternal, educational, military, state or county or municipal organization, and referred to the request of the San Diego County Chapter of the National Cystic Fibrosis Research Foundation to the City Council for their approval. Moved by Hart, seconded by Colburn, the recommendation of the City Treasurer be aporoved. Carried by unanimous vote. COMMUNICATION FROM CALIFORNIA SOCIETY OF THE SONS OF THE AMERICAN REVOLUTION was read, requesting a proclamation be signed urging the flying of our Flag on the Fourth of July, also theringing•; of Church bells for five minutes, from 12:00 to 12:05 on that date. MAYOR GAUTEREAUX stated he would recommend authorization be given him to issue the proclamation. Approved by unanimous vote. COPIES OF LETTERS AND AGENDA for newspaper reporters, was presented. Moved by Morgan, seconded by Hart, we have the reporters pick up their copies at the City Hall. Motion lost, by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. Moved by Allen, seconded by Colburn, we permit the press to pick up from each individual one of the Council members copies of the agenda and they can bring it back to us at the next meeting. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. COMMUNICATION FROM MUNCE & KENNEDY was presented. CITY MANAGER HESS stated we are in the process of preparing a survey to find out if we would have any project currently underway in our City which would perhaps be of interest to the survey agency, and if it is deemed appropriate by his office they will send them anything that may be of interest; however, we have not determined as yet, and will report on this next week. ORDINANCE NO. 962 regarding curbs, gutters and sidewalks be installed concurrently with the structure, was presented. CITY MANAGER HESS stated in regard to the Ordinance, since the Planning Commission is meeting tomorrow evening we are going to wait until after they have convened to find out their views prior to taking any action, and the Council will be informed next week. APPLICATION OF SAN DIEGO TRANSIT SYSTEM for authority to reroute its Route "W" Harbison -Lincoln Acres line, was presented. MAYOR GAUTEREAUX recommeded the application be referred to the City Attorney for a review and report back to the Council. Approved by unanimous vote. 6/26/62 457 REQUEST OF FRANCIS J. PELTIER for refund of $25.00 performance bond, was presented. Moved by Allen, seconded by Morgan, the proper officials be authorized to make the refund. Carried by unanimous vote. MINUTES OF PARK AND RECREATION ADVISORY BOARD meeting of June 7, 1962, were presented and ordered filed by unanimous vote. APPLICATION OF BILLY JOE CHOATE for off sale beer and wine beverage license, was presented. Moved by Allen, seconded by Hart, the application be filed. E. H. ALSDORF, 2105 "Ju Avenue, was Present and inquired the address of the premises to be licensed. Mr. Alsdorf was it was 1539 E.8th Street and has been licensed since 1947. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: Morgan. REQUEST OF PAUL W. FARRAND for refund of cash bond in the amount of $500. was presented. Moved by Morgan, seconded by Colburn, the refund be approved. Carried by unanimous vote. CITY CLERK ALSTON reported the following bids for plant mix were opened in her office on June 25th: DALEY CORP., $5.96 per ton; GRIFFITH COMPANY, $6.23 per ton; R. E. HAZARD CONTRACTING CO., $6.24. The bids were referred to the City Manager. CITY MANAGER HESS stated with regard to the matter presented by Mr. Jonte of the Chamber of Commerce, it was requested the City Manager and City Engineer be authorized to develop a priority list of these 1911 Act matters which in turn can be presented to the Council for adoption, and thereby establish a priority list, not merely by date. Following an adoption, if so deemed by the Council, Mr. Hess said he feels we would be in a better position is acceleratealr program for street improvement and better meeth the needs of the community and enable us to Progress with future development as well as beautifica- tion of the City, Mr. Hess said he is not endorsing an arbitrary reorganization, and, is not a priority list, it is a list that con- tains the 1911 Acts by date; his proposal is to establish a true priority list and by this we can take into consideration projects in which the City will not have to participate; thereby enabling us to proceed in a more rapid pace with street development and at the same time not curtail any extremely costly enterprises. Mr. Hess said he is asking authorization from the Council, to establish this list with the City Engineer, and bring it to the Council for their accept- ance or their pleasure, Moved by Allen, seconded by Hart, the recommendation of the City Manager that the manager and the City Engineer be allowed to establish a priority list on 1911 Acts be approved. Carried by unanimous vote. 6/26/62 458 CITY MANAGER HESS stated in accordance with current administrative and personnel procedures he wished to take the opportunity to call attention to the fact various city employees have recently completed courses which by their very nature made these City employees more valuable to our City. We have prepared recognition certificates for these people and stated he thought it wouldbe a fitting gesture for the Mayor to present to them in recognition of the endeavor. Mayor Gautereaux present Certificates to the following members of the Fire Department who completed fire science courses: Richard K. Stonehouse, Ernest E. Piper, David H. Jacobs, Mitchell Guarano, Emerson J. Camblin, Andrew P. Bekech, Roy A. Archer, James A. Cromer and Thomas E. Gresham. Certificates were presented by Mayor Gautereaux to the following members of the Police Department for courses completed at the Southwestern College: W. F. Devaney, Jr., R. D. Connolly, Theodore Curtis, R. R. Duke, R. L. Milke, W. H. Hutcheon, R. L. West, A. J. Cracolici. Also certificates to several Reserve Officers: Robert Dunne, Donald C. Hove and a certificate to Vice Mayor Alien for courses completed relative to criminal evidence and investigation. Three certificates were presented to persons who completed courses in advanced First Aid: John Hendrix, Charles Hill and Captain Harrold. A certificate was also presented to Patrolman Frank W. Chenelle which certifies he is employed by the National City Police Dept. in conform- ance with the standards prescribed by the Commission on Peace Officer Standards and Training for the State of California. RESOLUTION NO. 8140 was read, authorizing the following transfer of funds: from TRUST & AGENCY FUND to GENERAL FUND, $625.69; from GENERAL FUND to TRUST & AGENCY FUND, $119.00; from GENERAL FUND to SPECIAL STREET FUND, $125,000.00; from GENERAL FUND to DRAINAGE FUND, $100,000.00. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. MINUTES OF THE REAL ESTATE COMMITTEE MEETING OF JUNE 22, 1962, were read, stating a general discussion was held regarding the Bahia Vista Industrial Park property. The offer of Mr. Finch was discussed. It was the recommendation of the Committee the offer of Mr.. Finch be rejected, and if he is interested he resubmit an offer based on the precedent set by the Hewitt transaction which was on lesser valued property at $30,000 per acre. Moved by Morgan, seconded by Allen, the recommendation of the Real Estate Committe be approved. Carried by unanimous vote. MINUTES OF THE REAL ESTATE COMMITTEE MEETING OF JUNE 22, 1962, was read, authorizing the City Manager and Assistant City Manager to continue negotiations with prospective clients on two blocks at 24th and National Avenue. 6/26/62 459 COMMUNICATION FROM PUBLIC UTILITIES COMIISSION was presented, relative to negotiations which have already taken place and are in progress for authority to construct State Route 2 at separated grades with the San Diego & Arizona Eastern Railway Company in National City. CITY MANAGER HESS stated following disdussion of the material contained in the communication with the City Engineer it was found no action is necessary at this time, and recommended the communication be filed. Approved by unanimous vote, MINUTES OF THE HARBOR COMMITTEE MEETING of June 25, 1962, were read, stating a discussion was held on the activities of the Bay Committee and resolution recently passed by the National City City Council. S. B. 41 was discussed at considerable length. Mr. Fessman submitted his resignation to the Harbor Committee orally and requested it be con- veyed to the Council. Dawson Smith resigned orally and recommended two members of the Council be appointed to the Bay Committee. The Harbor Committee did not approve the resignation of Mr. Smith and recommended he stay on as representative of the Bay Committee. Moved by Alien, seconded by Colburn, the minutes of the Harbor Committee be approved, and the resignation of Mr. Fessman be accepted, and he be notified of the action. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: Morgan.. Moved by Alien, seconded by Hart, a certificate of recognition for the number of years of service Mr. Fessman has given the City be forwarded to him. Carried by unanimous vote. CITY MANAGER HESS stated as instructed by the City Council, the City Planner, City Engineer, Administrative Assistant, and himself went out to see Mr. Giordano's property to see what could be done with his property relative to the problem whether they could work out some agreeable plan in order to try and salvage the lot Mr. Giordano felt was being utilized for a street. Mr. Hess said they met with Mr.. Giordano and made various observations. Mr.. Hess stated following that the members of his office, the City Planner and the City Engineer did have some discussion and were prepared to meet again with Mr. Giordano and his proposed purchaser. He was called on June 25th at his home and he said to forget about the entire matter, it is through now. Mr, Hess said due to the fact there is apparently no immediate plans for the property, it was suggested we take no action at this time; however as soon as Mr. Giordano does decide on some course of action we be designated to try and work it out with him and come to some agreement to the best interest of Mr.. Giordano as well as the other people in the neighborhood. Moved by Hart, seconded by Alien, the recommendation of the City Manager in regard to Mr. Giordano's property be approved. Carried by unanimous vote.. 6/26/62 460 COMMUNICATION ADDRESSED TO THE PLANNING COM1ISSION FROM DALE FARIS, President of Fluidgenics, was presented, urging the Commission to proceed with the intention as related to Plaza Blvd. CITY MANAGER HESS stated in view of the action taken earlier in the meeting he recommended the communication be filed. Approved by unanimous vote. COMMUNICATION FROM NATIONAL CITY CHAMBER OF C0MMERCE was presented, inviting members of the Council to attend a meeting of the San Diego Industrial Development Council on Thursday, June 28th, to be held at Harold's Fifth Avenue Restaurant, 2424 Fifth Avenue, San Diego, at 7:00 p.m. MAYOR GAUTEREAUX stated any council member who would like to attend he would so delegate. The communication was ordered filed by unanimous vote. NOTICE OF HEARING relative to application of the Greyhound Corp. for an order authorizing a Statewide increase in intrastate passenger fares other than fares in the Peninsula, Contra Costa and Marin services, was read. The hearing has been set for Wednesday, July 18, 1962 in San Francisco. Moved by Allen, seconded by Morgan, the notice be referred to the City Attorney for a report. Carried by unanimous vote. CITY MANAGER HESS stated in accord with the desires of the Council concerning the direction of a letter to Robert O. Curran, he directed such a letter June 22nd thanking him for his endeavor regarding the California Water and Telephone Company litigation. CITY MANAGER HESS stated with relation to the 75th Anniversary of National City regarding the request of the Chamber of Commerce for utilization of Las Palmas Municipal Pool and Kimball Park Bowl. It was the unanimous vote of the Council to have the Park Supt. set up the park for use at the anniversary celebration, however there was no specific mention in the motion relating to the pool at Las Palmas Park. Mr. Hess said perhaps the Council would want to consider a motion relative to specifically include the use of the pool by the Chamber of Commerce during the evenings of September 1 and 2, and recommended they be permitted to use the facilities, and this matter and Kimball Park matter be coordinated between the Supt. of Parks and the Recreation Director. Recommendation approved by unanimous vote. COMMUNICATION FROM RICHARD HARROLD, Fire Marshal, was read, stating he is transmitting the necessary certificates of insurance together with application for display of public fireworks to be held July 4, 1962 in Kimball Park. The Fire Department recommended approval of the public display of fireworks, and City Manager Hess concurred, and recommended the certificates be referred to the City Attorney. The recommendation of the City Manager was approved by unanimous vote. 6/26/62 461 CITY MANAGER HESS reported yesterday his office received applications for the trash contract to be let by the City of National City and there were nine persons who made application for the service. A survey was conducted, and recommendations made by the Manager's office relative to the selection of three. Mr. Hess presented the Council members with schedules and charts drawn by the Manager's Office. Mr. Hess suggested Oscar Sherman Hog Ranch and Sherman Disposal be one of the three; G. B. Ottonello be the second of the three and National City Rubbish Service be the third; these to be considered by the Council for your acceptance and approval. Moved by Morgan, seconded by Hart, it be laid over a week and have the City Manager work out with Mr. Keener something whereby Mr. Keener will continue with the service after July 1st. Carried by unanimous vote. CITY ENGINEER FOSTER reported he received an easement for slope rights and a Covenant Running With Land executed by Howard W. Smith, and recommended it be referred to the City Attorney. Approved by unanimous note. CITY ENGINEER FOSTER stated sometime ago he was directed to send a communication to the Division of Highways in regard to changing the business route U. S. 101 and he has received a letter from the High- way Dept, stating the, Executive Committee of the Pmerican Association of State Highway Officials is the authority regulating such routes. In line with the City's request they will forward recommendations to them for consideration at their next meeting, that the portion of U. S. Highway 101 Business route along 8th Street between Harbor Drive and National Avenue be discontinued and the portion of National Avenue between 8th Street and Division Street be designated at the business route, CITY ENGINEER FOSTER said no action was necessary, it is for information only. REPORT FROM THE PLANNING COMMISSION was presented, with regard to an ordinance establishing and dedicating certain real properties with- in the City of National City as public parks. Moved by Allen, seconded by Gautereaux the recommendation of the Planning Commission be approved and referred to the City Attorney. COUNCILMAN MORGAN stated several weeks ago this was referred to our Director of Public Works for study and a report as to cost, etc. and to date we have not received his report, DIRECTOR OF PUBLIC WORKS BIGGS stated the report is not ready at the present time, it is quite a comprehensive report and takes considerable time. VICE MAYOR ALLEN with the approval of MAYOR GAUTEREAUX ammended their motion to include no definite action be taken until we receive a report from the Director of Public Works. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. 6/26/62 462 CITY ATTORNEY CARSTENS stated with reference to the opinion of the Public Utilities Commission in regard to an application filed by the San Diego Transit System for authority to reroute its Route "iN" - Harbison -Lincoln Acres line, from the intersection of 8th Street and National Avenue along 8th Street and Highland Avenue to its inter- section with 18th Street, and to discontinue service from the inter- section of 8th Street and National Avenue along National Avenue and 18th Street to its intersection with Highland Avenue. The application and request was approved by the Public Utilities Commission and an order was entered accordingly, directing the Transit System to change its route and time schedule. There is no action to be taken by the Council, it is for information only, and recommended the opinion be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated with regard to the notice of hearing from the Public Utilities Commission regarding the application of the Greyhound Corporation, is also for informational purposes, and no action is necessary. It was the recommendation of the City Attorney the notice be filed. Approved by unanimous vote. CITY ATTORNEY CARSTENS stated due to the action taken by the Council in regard to the question of overtime pay for the policeman, in the Court case now pending, Baker et al vs Cagle et al, there is a scheduled hearing June 28th in the Superior Court, and in view of the action taken, in all probability the action will be dismissed by the petitioners; although there is no guarA,•ztee he could give the Council it would be. Mx. Carstens. sick he would like direction from the Council in regesd fo the hearing. MAYOR GAUTEREA:UX.stated he would recommend if the scheduled hearing in thcz matter is still an calendar on that date Attorney Carstens represent Mr. Cagle, the Chief of Police. Moved by Allen, seconded by Hart, the recommednation of the Mayor the City Attorney proceed with the case in hand, and if necessary appear in behalf of the Chief Cagle. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. Moved by Morgan, seconded by Gautereaux, the City Attorney be author- ized to prepare a contract on the bids we have accepted on the 17 units of the two-story housing. Carried by unanimous vote. Moved by Gautereaux, seconded by Allen, the meeting be adjourned until July 3, 1962, at 1:00 p.m, o'clock. Carried bu unanimous vote. Meeting adjourned at 10:08 p.m. q'clock. ATTES:7 CITY CLERK , CIT OF NA LIPDRNIA 6/26/62