HomeMy WebLinkAbout1962 07-17 CC MIN11
National City, California July 17, 1962
Regular meeting of the City Council was celled to order'by Mayor
Gautereaux at 1:30 p.m. o'clock. Council members present: Allen,
Colburn, Hart, Morgan, Gautereaux. Council members absent:
ADMINISTRATIVE OFFICIALS present. Alston, Biggs, Carstens,
Foster, Gautereaux, Hergert, Hess, Kerr, asburn, Stockman.
The meeting was opened with pledge of allegiance to the Flag
Manager Hess, followed with invocation by Rev. Wayman of the
Methodist Church.
Moved by Hart, seconded by Allen, the minutes of the regular
of July 10, 1962, be approved. Carried by unanimous vote.
RESOLUTION NO. 8150 was
Juanita B. Derr. Moved
be adopted. Carried by
None.
DeHaven,
by City
First
meeting
read, accepting an easement from Lyman T.
by Allen, seconded by Morgan, the Resolution
unanimous vote.
RESOLUTION NO. 8151 was read, appointing George W. DeHaven as Deputy
Director of Civil Defense. Moved by Allen, seconded by Hart, the
Resolution be adopted. Carried by unanimous vote.
RESOLUTION NO. 8152 was read, appointing Hazel Stockman as Director of
Planning. Moved by Hart, seconded by Morgan, the Resolution be
adopted, Carried by unanimous vote.
RESOLUTION NO. 8153 was read, "RESOLUTION MOURNING THE PASSING OF
FREDERICK J. THATCHER." Moved by Morgan, seconded by Hart, the
Resolution be adopted. Carried by unanimous vote.
RESOLUTION NO. 8154 was read, appointing Cleo 0sburn as Purchasing
Agent. Moved by Alien, seconded by Hart, the Resolution be adopted.
Carried by unanimous vote.
RESOLUTION NO. 8155 was read, "RESOLUTION AUTHORIZING MAYOR TO SIGN
AGREEMENT FOR SALE OF FIFTEEN BUILDINGS IN THE OLIVEW00D HOUSING UNITS."
ATTORNEY CARSTENS stated there were ten units bid by Mr. Foncerrada
and five by Mr. Gonzalez; the Council approved the taking over by Mr.
Foncerrada the five units that had been bid by Mr. Gonzales and
authorized the City Attorney and City Manager to work out the details
so Mr. Foncerrada would acquire the fifteen units. We have an
executed agreement by Mr. Foncerrada of the ten units and also an
executed agreement by him on the five units which he took over from
Mr. Gonzalez. Attorney Carstens stated we also have an assignment and
acceptance of assignment; the assignment being executed by Mr. Gonzalez
and the acceptance of assignment by Mr. Foncerrada whereby Mr.
Foncerrada is taking over all of the obligations of Mr. Gonzalez.
Moved by Alien, seconded by Hart, the Resolution be adopted. ATTORNEY
7/17/62
12
CARSTENS stated there are two checks which have been deposited by Mr.
Foncerrada as payment in full of the contract obligation; one
oin n the
he
mount of
amount of $1,010,00 anofdNtateonaler in City,tandarecommended5the0checks be
payable to the City
deposited by the City Clerk and negotiated. Carried by unanimous vote.
Moved by Allen, seconded by Morgan, the recommendation of the City
Attorney in regard to accepting
TENSthe
statedchecks
weealsoapproved.
twoCarried
perform�nce
unanimous vote. ATTORNEY CARS
bonds submitted by Mr. Foncerrada; one in the amount of $1,250.00 and
one in the amount of $750.00; also the assignment and acceptance of
assignment; and all documents appear to be in proper forth, and
recommended they be filed by the City Clerk. Moved by Morgan, second-
ed by Allen, the recommendation of the City Attorney the documents be
filed, be approved. Carried by unanimous vote.
ORDINANCE NO. ,, approving "Chase Annexation" was presented for
the second and final reading. Upon motion of Allen, seconded by Hart,
further reading of the Ordinance was waived. The motion was adopted
by unanimous vote.
ORDINANCE NO. 1035, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN
UNIHABITED TERRITORY, DESIGNATED "CHASE 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: Alien, Colburn,
Hart, Morgan, Gautereaux. Nays: None.
ATTORNEY CARSTENS stated with reference to the application filed by
the San Diego Gas and Electric Company; they are asking for a certifi-
cate that present and future public convenience will require construct-
ion of a steam electric generating unit No. 3 at the South Bay power
plant. The application is before the Public Utilities Commission
asking for authority to construct such a plant. It rs an application
before the Commission and unless the.Council desires to take some
particular action, no action need be taken at this time.. VICE MAYOR
ALLEN stated he thought the City Attorney should keep abreast of this
due to the fact the present power plant; the tank form in National
City supplies the fuel and the heating of the fuel to this plant, and
with another one going in they will probably want to enlarge the tank
form we have here, or they may want additions, and for that reason
National City may have an interest in it. Moved by Allen, seconded
by Hart, the City Attorney check with the Attorneys of the Gas and
Electric Company to see if National City will be involved. Carried by
unanimous vote.
ATTORNEY CARSTENS stated with regard to the application of the
California Water & Telephone Company; it is for authority to increase
rates for water services in the Sweetwater District. Attorney Carstens
stated he received in the mail a copy of the application and some very
13
nice exhibits explaining the operation and results of operation of
of the California hater and Telephone Company in the Sweetwater '
District. Basically the application states the Company has been
operating in the past few years at a less than reasonable rate of re-
turn and they are submitting evidence trying to substantiate the fact
they should be entitled to an increase in rates. After considerable
discussion, it was moved by Morgan, seconded by Hart, we lay the prob-
lem over until next week and our Mayor check with the Mayors in the
other cities and also the South Bay Irrigation District, and make a
report next week. Carried by unanimous vote.
CITY ATTORNEY C^.RSTENS stated he received a communication from the
Metropolitan Water District, signed by the Deputy General Counsel,
stating enclosed is a copy of letter to the County Auditor and Con-
troller of San Diego County enclosing a copy of a certificate showing
the assessed valuation of all properties taxable by the Metropolitan
Water District. Attorney Carstens asked if the Council had any parti-
cular matters in this regard which they would wantcommunicated to the
Metropolitan Water District., Moved by Allen, seconded by Morgan, the
City Attorney get in touch with Charles Kerch and ask him if he has
any particular thing that should go along with the communication.
Carried by unanimous vote.
ATTORNEY CARSTENS presented a Sidewalk License Bond for Ernest Rivera,
which Mr. Carstens stated appeared to be in the proper form and
recommended it be filed. Approved by unanimous vote..
ATTORNEY CARSTENS stated he had en insurance policy from the Fund
Insurance Company which is for fire and extended coverage for the all
City owned property. The policy has been reviewed -by the City
Attorney and the City Manager's office, and it appears to be proper in
form and recommended the policy be filed. Approved' by unanimous vote.
CITY ATTORNEY CARSTENS stated with reference to Rancho Hills
Deannexation from the City of San Diego, which was referred to the
City Manager and himself; he had a conference with the City Attorney
of San Diego in regard to the matter and we plan to have a meeting
between ourselves and the City Managers of the respective cities to go
into the matter in further detail. It appears there will be a number
of problems involved which will have to be worked out. We hope to
have something concrete to report very soon.
ATTORNEY CARSTENS stated at the last meeting the Council approved the
minutes of the Finance Committee, and there was a request in the
minutes for an interpretation of the law which allowed an increase in
salary the the City Clerk and City Treasurer in i959. The applicable
7/17/62
14
law in this case is Government Code 36517 which says the salaries of
these two elective officials shall be established by ordinance. This
is in distinction with salaries of Councilmen which must be approved
by the vote of the people. The salaries of the City Clerk and City
Treasurer may be fixed by Ordinance VICE MAYOR ALLEN stated the
enabling bill which permitted Sixth Class Cities to elect a Mayor did
not specify salary or in any way create a possibility of a salary for
an elected Mayor. Moved by Allen, we try to get a clarification from
the maker of the Bill, which was Senator Fisher, in regard to what the
intent of the Bill was and whether it would come under the section
which would permit the City Council to set the salary of this elected
official or whether it would have to go on the ballot. ATTORNEY
CARSTENS stated this matter has been gone into, however he is not ready
at this time to make a report. We find very few cities in this
position, and we find no authority, case wise, at the present time
which gives us any direction. Motion died for lack of a second. Moved
by Allen, seconded by Colburn, we have the City Clerk send a letter
to Senator Fisher and our other Legislators and find out if they can
give us an interpretation, and under which Act this should come,
Discussion was held relative to the salary of the Mayor. MAYOR
GAUTEREAUX stated the point he is asking the Attorney to clarify is
that the checks that have been written for the Mayor is that of a
Councilman, and the law clearly states the Mayor is not a Councilman,
he is a Mayor as such, and the point he wants clarified and defined as
to the warrants that have been paid him and he has not cashed because
his interpretation is that he is not entitled to one cent; and if that
is the meaning and clarity of the law than he is quite satisfied.
ATTORNEY CARSTENS stated Government Code 34900 states the people may,
if they so choose, elect antyDr and four Councilmen; the previous law
provided that compensation of Councilmen shall be voted upon by the
people. The code does very definitely distinguish between the Mayor
and Councilmen and there is nothing in the code that provides for what
compensation the Mayor shall receive. Motion carried, by the follow,
ing vote to -wit: Ayes: Allen, Cotburn, Gautereaux. Nays: Hart,
Morgan.
,„TTORNEY CARSTENS stated there are several problems which were re-
ferred to him and he is not yet ready to make a report. One is the
matter of the compensation for the policeman, and the other is in
regard to procedures which follow in sale of public property. These
matters are in the process of research and the Attorney is expecting
answers to correspondence which he has initiated on some of the
matters, and if it is the Council's pleasure he would like to defer a
report on these matters until he does have answers and he is hoping it
7/17/62
z
15
will be next week.
Moved by Hart, seconded by Allen, M.S. Briggs, Leadman, from the
Street Department be promoted to Street Supt., and Harold Foster
Assistant Supt. of Streets when we have a 1911 Act; also Walter I.
Smith, Leadman in the Sewer Dept. be promoted to Supt..of Sewers.
ATTORNEY CARSTENS stated several weeks ago a resolution was adopted
whereby the Department of public Works was established, and certain
other divisions were created; and one was the Division of Streets and
there was a provision for the appointment of the Supt. of Street
Maintenance. Mr. Carstens stated it is his understanding Mr. Briggs
is serving in that capacity at the present time. Mr. Foster has been
acting as Supt. of Streets in 1911 Acts. As far as any particular
requirements the City have a Supt. of Streets, the Government Code
provides certain specific elected or appointed officials the City must
have, and Supt. of Streets is not listed; under the same provisions
they mention certain elected or appointed officials they may have and
again the Supt. of Streets is not listed. However, in 1911 Acts, the
City must have an appointed Supt. of Streets. VICE MAYOR ALLEN asked
Mr. Biggs if he saw any particular problem in dropping the word
"maintenance" from Supt. of Streets, and Supt. of Sewers, as far as the
people being subordinate to him as set up by the new organization
which he heads. DIRECTOR OF PUBLIC WORKS BIGGS stated the title of
Street Supt. is more or less an honorary thing that has been handled
by the City Engineer; and it would be his suggestion to call the City
Engineer the Street Supt. for the purpose of signing documents, and
designate Mr. Briggs as Street Maintenance Supt. to separate the two
titles; and Mr. Smith as Sewer Supt. Carried, by the following vote
to -wit: Ayes: Allen, Hart, Morgan. Nays: Colburn, Gautereaux.
COUNCILM.\N MORGAN stated a motion was made earlier in the meeting re-
garding the Mayor's salary, and he heard the report from the City
Attorney which stated we are not supposed to vote on items we have a
financial interest in, and he is not sure the Mayor has a financial
interest as he may receive no salary at all; but there is a question
in his mind in this regard. MAYOR GAUTEREAUX stated the motion was
only to get a clarification from the Senator and Assemblymen and a
definition and more information relating to the enabling legislation.
Moved by Allen, seconded by Hart, the establishment of the Site
Committee be made and a report from them be received as soon es possible
in regard to the proposed new Civic Center; and also the Junior Chamber
of Commerce Committee be invited to come up with an answer. Carried,
by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux.
Nays: Morgan.
7/17/62
16
Moved by Allen, seconded by Cotburn, the City Manager and the Director
of Planning select an architect for plans and present costs for a new
Civic Center in time for the November ballot, with the approval of the
Council. Carried by unanimous vote. CITY MANGER HESS stated in re-
gard to the selection of an architect, first we must concern ourselves
with the fact that should we be interested in obtaining Federal funds
for planning purposes we must be extremely careful we make no commit-
ment to an architect whereby his services would be contingent at that
time upon future salaries. If we made this commitment we would per-
haps be in violation of the provision of actual acceptance of the
money. It might be rather difficult to select an architect at this
time and expect him to draw for us plans in anticipation of a future.
If the Council desires, Mr. Hess said he would be happy to work with
Mrs. Stockman to pick an architect. This is going to be conceivably
a very large project, involving a lot of money, and we know architects
work on a basis of eight or ten percent. We would interview several
and try and bring it down to three, and the Council ultimately make
this decision since it does involve a great amount of City monies.
Moved by Allen, seconded by Hart, the recommendation of the City
Manager be approved. Carried by unanimous vote.
Moved by Allen, the City Manager make a report to the Council in regard
to the straightening out of the Derr property on "D" Avenue and the
operation by the next Council meeting. Motion died for lack of a
second.
Moved by Allen, seconded by Hart, the
tion of condolence for the Nels Berge
Berge was one of the original members
in the City and served a full term and at a later time was reappointed
by a different Council and served another full term on the Civil
Service Commission. Carried by unanimous vote.
Moved by Allen, seconded by Coeburn, the Mayor and City Manager study
the Tecate, Mexico, Celebration which overlaps our 75th Anniversary
by a couple of days and see if we can seal better relationships, or
those we already have established, and Mr. Rubio would be a good person
to contact in this regard. Mr. ;.11en stated it has been suggested
there be a committee to study to see about a sister city operation.
Carried by unanimous vote. VICE MAYOR A LLEN stated he wished to have
the Assistant City Manager be included in the committee.
;'ATTORNEY CARSTENS stated with regard to the appointment of Mr. Briggs
as Supt. of Streets, it could mean there is one resolution effective
as of now as Supt. of Streets Maintenance, and asked if it was the
Council's intention to amend the resolution to drop the word "mainten-
ance," and if that is not the intention, would this be a different
7/17/62
City ,"attorney prepare a resoiu-
family. Mr. Alien stated Mr.
of the Civil Service Commission
17
position to which Mr. Briggs is being appointed. Moved by (Alen,
seconded by Hart, the resolution be amended to drop the word "mainten-
ance." Carried, by the following vote to -wit: Ayes: Allen, Hart,
Morgan. Nays: Colburn, Gautereaux.
MAYOR GAUTEREAUX reported he received a letter from Dawson Smith re-
signing from our Bay Committee as he is taking a new position in
Dallas, Texas. Moved by Colburn, seconded by Hart, the resignation
be accepted with regrets. Carried by unanimous vote. MAYOR GAUTEREAUX
stated he would like to make an appointment by next week. VICE MAYOR
1LLEN said he would like to have Mr. Rubio considered.
BILLS AUDITED BY THE FINANCE COMMITTEE
General Fund
Traffic Safety Fund
Park Fund
Retirement Fund
Harbor Fund
Gas Tax Fund
Drainage Fund
Park Construction Fund
Payroll Fund
T0TAL
presented:
$16,687.48
304.70
1,804.98
4,758.16
10,775.03
11,302.06
707.70
142.16
53,308.80
$99,791.07
Moved by Allen, seconded by Colburn, the bills be approved for payment,
and warrants ordered drawn for same. Carried, by the following vote
to -wit:" Ayes: Mien, Colburn, Hart, Morgan, Gautereaux. Nays: None.
RESOLUTION NO. 8156 was read, authorizing and approving the following
expenditures from the Capital Outlay Fund: ROBERT A. BRADT, $965.82,
services of architect in connection with additions and alterations to
Community Center Bldg; LEE J. MORGI,N, $15,718.50, payment on additions
and alterations to Community Center Bldg. Moved by ♦'Alen, seconded by
Colburn, the Resolution be adopted. Carried, by the following vote
to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None.
Councilman Morgan abstained from voting.
APPOINTMENT OF MEMBERS TO STREET COMMITTEE was presented, MAYOR
GAUTEREAUX stated he would like to appoint J. P. McClure of 3333 E. 8th
Street to the Street Committee, with the approval of the Council.
Approved by unanimous vote.
MRS. ROBERT RICHRDS, 1411 E. 16th Street, was present, and read a
communication, which stated if a citizen's street committee is formed
it will need a much better chairman that she to get anything done
against certain odds which she enumerated in her letter; however if
she could accept on a trial basis until 1963 she would accept the
appointment. Moved by Morgan, seconded by Allen, with the consent of
the Mayor, Mrs. Richards be appointed. Carried by unanimous vote.
MAYOR GAUTEREAUX stated he has not contacted Mr. Cheneweth as yet on
7/17/62
18
the third appointment to the street committee; therefore the third
appointment will be laid over until next week.
Moved by Allen, seconded by Morgan, we request a report from the City
Manager in regard to the Derr operation and the Derr property on "D"
Avenue near 32nd Street at the next meeting. Carried, by the follow-
ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan. Nays:
Gautereaux.
REQUEST FROM SAMUEL F. & MYRAM B. PETERSON to lay water line, was pre-
sented. CITY MANAGER HESS stated to date we have not been able to
determine fully the extent the Water Company might be anticipated to
participate in the possibility of extending the line. We are going to
try and work this out, and if they do not, in order to try and expedite
the matter he would submit to the Council the possibility we go ahead
with Mr. Peterson's suggestion he be allowed to install the line, with
the restrictions the City will assume no liability; he will also sub-
mit to us for inclusion in the archivesof the Engineer's office a plat
showing the depth of the lines, etc. for future consideration in any
anticipated street work. Moved by Morgan, seconded by Hart, the City
Manager's recommendation be approved. Carried by unanimous vote.
COMMUNICATION FROM BOoRD OF SUPERVISORS TO CHIEF ADMINISTRTIVE OFFICER
regarding information on tax statements was presented. CITY MANAGER
HESS stated concerning the responsibility of the tax statements we have
determined" from the County the person responsible for the preparation
of such under our tutelage is not in the City and will not be back
until August 1st, which means we would not be able to get a cost esti-
mate as to what it would cost the people of National City to have a
leaflet prepared. There was some consideration prior to this that
other cities like us in this area would be also interested and would
perhaps alleviate the expenses by becoming particpants. Mr. Hess
stated the feeling he has from talking with other City Managers is they
have not had any problem come up concerning the tax leaflets at this
time which would indicate to them they have people in'their community
who are willing to participate. This is just speculation on their
part and has not been brought up before their respective Councils. Mr.
Hess said as an alternate suggestion he would recommend we make avail-
able to the people of our community the tax structure breakdown by
providing the information to the press so they can publish this as an
alternate procedure rather than incurring additional expenses in
having the leaflets prepared. COUNCILMAN MORG.AN stated in never was
intended to send out any leaflets; all that is needed to have on the
back of the tax bill, or in one corner the breakdown showing where the
tax dollars go; that is all we are asking for. Moved by Morgan,
seconded by Allen, Mr, Morgan and the City Manager go to the County and
7/17/62
19
talk with the County's representatives and tell them exactly what we
want. Carried by unanimous vote.
CITY CLERK ALSTON reported she contacted the Chamber of Commerce
relative to the number of churches in National City and she was sent
a directory which showed there were 26 churches, and upon that basis
the report was made to the Council. Mrs. Alston stated she had a call
from the Manager of the Chamber on Monday morning stating there are
32 churches, so her report will stand corrected after getting the
additional information. VICE MAYOR ALLEN stated prior to the Council
he talked with Rev. Wayman of the First Methodist Church; andwehave
some churches which by virtue of their own laws cannot become member of
the National City Ministerial Association, and only those who belong
to the Ministerial Association have previously been invited to give the
invocations. Mr. Allen stated Rev. Wayman informed him Rev. Pittman
has resigned as Pres. of the National City Ministerial Association and
he is Vice President and he said he cannot see any reason why it would
not be better for someone authorized within the City Government to
handle it. Moved by Allen, seconded by Hart, the invitations for
Ministers' invocations be handled by the City Clerk and all churches
be invited. Carried by unanim us vote. Moved by Allen, seconded by
Colburn, the President of the Ministerial Association of National City
be informed of the change in policy of the Council and they be thanked
very definitely, and a resolution be sent them for the services they
have rendered for the nine years they have been connected with the City.
Carried by unanimous vote.
CITY CLERK ALSTON reported the following bids were opened July 17thfor
sale of 22 units in Olivewood Housing: A. RUSCONITTI bid on 22 units
@ $181. each, or $3,982; there was no bond. LEE J. MORGAN bid on 22
units @ $53. per unit, or $1166., and presented a cash bond. MIGUEL
C. FONCERRADu bid on 10 units @ $25.50 per unit, or $255. and submitted
a cash bond. ELVIS MORRIS bid on two buildings, one building @ $39,00
and the other @ $50., and had no bond.
CITY CLERK ,ALSTON announced the meeting of the League of California
Cities, July 20th at Town and Country in Mission Valley.
REQUEST FOR EXTENSION OF TIME ON THE IMPROVEMENT OF HARRISON AVENUE
and 24th Street, Quay Avenue to Harrison Avenue, by R. E. Hazard
Contracting Co., was presented. Moved by Morgan, seconded by Hart, the
recommendation of City Engineer Foster on the extension of time as
requested by R. E. Hazard Contracting Company be approved. Carried by
unanimous vote.
APPLICATION FOR OFF SALE BEER AND WINE LICENSE TRANSRER OF JAMES
TOLEDO, 1736 Plaza Blvd., was presented. Moved by Hart, seconded by
7/17/62
20
Allen, the application be filed. Carried, by the following vote to -wit:
Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan.
MINUTES OF PARK AND RECREATION ADVISORY BOARD MEETING OF JULY 5th,
and excerpts from the meeting, were presented. Moved by Colburn,
seconded by Hart, the minutes be filed. Carried, by the following vote
to -wit: ;yes: Colburn, Hart, Morgan. Nays: Allen, Gautereaux.
Moved by Morgan, seconded by Hart, we refer these items which the Park
and Recreation Advisory Board recommended to us, to the City Manager
for a report. Carried by unanimous vote.
REPORT FROM HOUSING DIRECTOR GAUTEREAUX regarding bids on apartment
building in Olivewood Housing, was presented. CITY MANAGER HESS
stated the bids were given to him by the Housing Director in a
discussion prior to the Council meeting today. The highest bidder bid
in the amount of $3,982. and he did not accompany his bid with cash,
or check, or anything of that nature and this was required in the
instructions to bidders. The next highest bidder bid $1,166. which is
approximately $2,300. less and the bidder did in this case accompany
his bid with a cash bond. Mr. Hess said he recognizes the fact the
Council are interested in disposing of the buildings, and there has
been from time to time in the past, as brought out today, some loose
ends and we are trying to wind it up. We are talking about a matter
of $2,800. and he would submit to the Council we accept none of the
bids and readvertise because of the vast difference. The high bidder
when he sent in his bid accompanied it with a letter which stated in
case he would be the successful bidder please notify him as soon as
possible so he could furnish the required performance bond. Mr. Hess
said this would indicate to him perhaps it was an oversight on his part,
and even though the Council has the prerogative to accept or reject any
of the bids it might be wise to readvertise. Moved by Allen, seconded
by Hart, the recommendation of the City Manager be approved in regard
to the bids for the units. COUNCILMAN COLDURN asked if the high
bidder could be contacted and told he did not comply and if he wished
to comply with the instructions to bidders he would have to furnish
the bond or cash. In putting it out for bids again he knows what has
been bid and all the bidders might come down in their bids. MAYOR
GAUTEREAUX asked if it necessarily disqualifies him, from a legal
standpoint, as to the power the Council might have in accepting this
bid, even though it was not accompanied either with cash or a bond, as
required. ATTORNEY CARSTENS stated legally he th_)ught if the City
Council chose to do so they could accept any bid which came to them on
an term, it is an offer to purchase; if the City Council chose to
accept any one of the offers in all rights they could do so legally.
It might be well for the Council members to consider the fact they
7/17/62
21
have, through their Housing Director, published and distributed
instructions to bidders which people are reliant on and it is a quest-
ion then whether the Council would conform to the actual instructions
as published, or whether they wished to deviate from the:iw.rtrictions.
The instructions state the bids will be opened at 2;00 P.M., at which
time the building or buildings bid upon shall be covered by U.S. legal
tender or cashiers check issued by a U. S. bank covering the total
purchase price of the bid. It is not so much a legal problem, the
City could accept any one of these offers; it is more a policy decision
which is for the Council to decide. MAYOR GAUTEREAUX stated he believed
the high bidder was trying to comply with what he understood as to the
definition of the particular paragraph read by the City Attorney.
Motion lost, by the following vote to -wit: Ayes:. Hort. Nays: Allen,
Colburn, Gautereaux. Councilman Morgan abstained from voting. Moved
by Colburn, seconded by Allen, we instruct the City Manager to accept
the highest bid and notify the high bidder we accept it on receiving
his cash or bond covering the amount of his bid not later than one
week from today; and the requirements that were set forth in the
purchase price. Carried, by the following vote to -wit: Ayes: Allen,
Colburn, Gautereaux. Nays: Hart, Morgan.
CITY MANAGER HESS stated the analysis that was prepared for the Council
which was distributed prior to the meeting, Mr. Hess said he realizes
the Council will not have had time to digest it; however since we talk-
ed of these street matters and the 1911 tact priority list they are
attached to the letter of explanation showing how we arrived at design-
ating the various priority orders. Mr. Hess said he would appreciate
it if the Council have any questions concerning the priority or other
classifications, during the week contact him so we can discuss them in
the event you would like to change the priority list. Mr. Hess said
the purpose of this being he would appreciate the opportunity to devel-
op a list which would be accepted by the Council se when the Street
Committee begins work they will have a guide so we can go ahead and get
some of these things taken care of. VICE MAYOR ALLEN stated he would
like each Council member to consider very seriously before next week
our present policy in regard to 1911 Acts and the costs to the City.
Mr. Allen said he knows that more than one of these can be handled and
the people will be very happy to let us drop our policy, which amounts
to a very small amount of money and we could continue to get the
streets in. Each one of us should find out what the policy is and see
if we cannot drop the policy in instances where the people are willing
to accept the improvement without the City's aid.
CITY MANAGER HESS reported he had a note from Mr. Norman concerning
utilization of a non functional water line which runs from National
7/17/62
22
Avenue into the property recently traded with the Hewitt Brothers; the
request being they would like to use this line on a temporary basis
to begin work on their construction. This line was installed some
twenty years ago by the Navy. We are not giving -away anything it is
just a matter of letting them use ft at this time, and it was the
City Manager's recommendation to allow them temporary use of it and to
exempt all City liabilities in this regard. Mr. Hess said he would
provide the Council by next week with a recommendation regarding the
ultimate disposition of the line. Moved by Hart, seconded by Morgan,
the recommendation of the City Manager be approved regarding the water
line. Carried by unanimous vote.
CITY M4NAGER HESS stated he thought it might be in order to bring out
a point we should prepare a survey relative to all of the committees,
commissions and boards we have in the City. The, survey could be con-
ducted in his office, and it would include in it the data necessary
for the handling of all board and committee business; the purpose of
this being there have been a good many board changes and committee
changes over the years and this document would serve as a vehicle to
better acquaint the people on the board with the duties that are re-
quired of them, to acquaint them with their job description, so to
speak, and show them what we would like to have from them. Moved by
;Alen, seconded by Hart, the recommendation of the City Manager be
approved. Carried by unanimous vote.
CITY MANAGER HESS stated in instances where we receive a great deal of
mail addressed to the City Council, which is opened in the City
Manager's office, he would recommend, in the future where we have a
great abundance of it we provide the Council, as an attachment to the
agenda, a summation of each of the communications to preclude their
lengthy reading at the Council meeting, and will still give the
Council the benefit of the information contained and will enable the
City Clerk to file only one document. We have not been able to find
any part of the law which actually requires us to file original
communications such as announcements, invitations, etc, We would not,
in any way, be taking away from the Council their rights to review
any mail addressed to them, it would just be a brief synopsisform.
Moved by Alien, seconded by Colburn, the recommendation of the City
Manager be approved. Carried by unanimous vote.
COMMUNICATION FORM MRS. CLEMENT, 223 E. 3rd Street, was presented.
There are certain matter concerning Mrs. Clement's neighborhood which
involve a zoning matter as well as something that might be considered
a delinquency problem. It was the City Manage•r's recommendation the
communication be referred to the Planning Department and Police Chief
Cagle for their recommendations. Approved by unanimous vote.
7/17/62
23
CITY MANAGER HESS reported there have been several telephone communica-
tions directed to his office which emanated from the various companies
who were not the successful applicants in the trash matter. Basically
what they are interested in is they would like us to return to them
their documents, which they submitted to us which is a bank statement,
bonding, etc., and they would like to know what the successful appli-
cant actually bid. Mr. Hess said it is recommendation we return their
document, and we not furnish them with the figures of the successful
bidder until such time as we have actually consummated a written con-
tract with the successful bidder, Mr. Keener. Moved by Morgan, second-
ed by Hart, the recommendation of the City Manager be appraved.
Carried by unanimous vote.
CITY MANAGER HESS reported he received an insurance policy concerning
the City's vehicles, and one clause states"all operations in the State
of California" and he would like the City Attorney to check on this to
ascertain whether or not the City would be covered on extradition cases
where our officers might have to leave the State with the vehicles,
and if they would be covered in Mexico when they were down there on a
rautir liaison contact with Mexican authorities. The insurance policy
was referred to the City Attorney by unanim_>us vote.
CITY MANAGER Hass stated a copy of a report prepared by the Division of
Highways was received in his office, which illustrates the proposed
tube or bridge from San Diego to Coronado. It will be available to
any member of the Council, and will be filed in his office. Moved by
Morgan, seconded by Allen, report be filed. Carried by unanimous
vote.
CITY MANAGER HESS stated for sometime there has been a reque�L r.,r
sewer main extension in the 2900 block of Grove Street in the area of
Sweetwater Road. This would be a rather involved project for the City
for the reason et the present time we have several employees who are
on vacation, and if we go into this long awaited request it would fully
tie up our Sewer Dept. Mr. Hess said he requested a cost estimate from
our Sewer Dept. and he finds that using our own labor and figuring it
on a cost hourly basis, the equipment and material to do the job would
be $2,831.13. We contacted a local contractor, Pace Construction
Company, and got an estimate on the same job, and they feel they could
do the job fir $2,474., however they requested the City bear the cost
of the manhole installation which is $257. Mr. Hess said in comparing
the two, it would appear to him to be much better to give it to Pace
Construction Company, it would be cheaper and we would have our sewer
crew to take on the work required of them during this period of time.
Moved by Morgan, seconded by Allen, we authorize the City Manager to
work out a contract with Pace Construction Company for the sewer main
7/17/62
24
extension on Grove Street. Carried by unanimous vote.
COMMUNICATION FROM DONALD H. FREEMAN was read, stating he wished
express his appreciation for the confidence the Council has placed
in him by their recent appointment of him as the City's representative
to the Bay Committee. The communication was ordered filed by unanimous
vote.
CITY MANAGER HESS stated on July loth he was contacted by Mrs. Sherman,
Manager of the Chamber of Commerce, who at that time asked if the City
would be available to help with the installation of a sign over
National Avenue promoting business in the downtown area. There was
not sufficient time then to acquire Council approval so Mr. Hess said
he advised Mrs. Sherman the City would install the sign at thattime.
It is a long canvas sign which hangs across the street. Since that
time we conducted a survey to find out how much it would cost to put
the sign up and take it down, in view of the fact Mrs. Sherman had
indicated she would like to have it installed on several more occasions
On a trial basis. Mr. Hess said based on the manner in which we are
constrained to install the sign, utilizing our men, etc. it would re-
quire several hours of man time and recommended he be permitted to
contact the Chamber of Commerce and tell them if they are interested in
the City putting up the sign on future occasions they install certain
brackets on the top of the buildings which will facilitate our handling
of it, and we could cut our time down to perhaps a few minutes instead
of man hours. The recommendation of the City Manager was approved by
unanimous vote.
CITY CLERK ALSTON reported she received a communication from the
County of San Diego addressed to the Department of Public Works from
the Board of Supervisors relative to Resolution No. 6129 of the City
of El Cajon and Resolution No. 8125 of the City of National City,
authorizing the County to apply for a flood plan information study by
the U. S. Army Corps of Engineers. The Board on June 26th referred
said resolutions to the Department of Public Works. The communication
was ordered filed by unanimous vote.
CITY CLERK ALSTON reported her office has completed and filed with
the State Controller the expenditures of the gas tax money allocated
to the City of National City; also a summary of the expenditures to
the County Department of the Division of Highways, according to State
law. Moved by Allen, seconded by Morgan, the documents be filed.
Carried by unanimous vote. CITY CLERK ALSTON reported these accounts
have to be audited by an accountant from the State Board of Equaliza-
tion before we can make up those reports, and he was in our office
one and a half days and audited the account and helped with the report
and stated the City of National City was the first City he worked with
7/17/62
25
because we were the only City who had their books closed so he could
make the audit.
LEE J. MORGAN, 15 "E" Street, Chula Vista, was present and asked what
would happen if the gentleman who was the highest bidder on the
Olivewood Housing units did not deposit the money. MAYOR GAUTEREAUX
stated if the man does not comply with the acceptance of the bid, as
provided in the,motion by majority vote of the Council, it would then
go to the next bidder, and we would have discussion of accepting that
bid. MR. MORGAN asked what he would have to do to get his money which
he submitted with his bid. MAYOR GAUTEREAUX stated he would have to
make application for same and file it with the City Clerk, and it
would be refunded by approval of the Council.
DIRECTOR OF PLANNING STOCKMAN reported she received a petition signed
by property owners requesting annexation to the City of National City,
and recommended the petition be received and referred to the Planning
Commission for a report. .approved by unanimous vote.
DIRECTOR OF PLANNING STOCKMAN asked if it would be permissible to pre-
sent the report of the Planning Commission relative to application for
Zone Change No. C-9. Moved by Allen, seconded by Morgan, the Director
of Planning be permitted to proceed. Carried by unanimous vote.
REPORT FROM THE PLANNING COMMISSION was read, regarding application for
Zone Change No. C-9 signed by Mr. and Mrs. Frank Hobbs relative to the
property approximately 1000 feet north of 4th Street, 280 feet west of
Palm Avenue. Petitioners are requesting a zone change from an R-4,
Multiple Residence Zone, to a C-2, Limited Commercial Zone. DIRECTOR
OF PLANNING STOCKMAN stated it would be her recommendation the
Planning Commission's report not be considered at this time, but a
public hearing be set by the Council for 2:00 p.m., August 7, 1962,
and the Planning Commission's recommendation be taken under considera-
tion at the time of the public hearing. Moved by Allen, seconded by
Hart, the recommendation of the Director of Planning be approved and
the public hearing be set for August 7, 1962, on the request of Mr.
and Mrs. Hobbs. Carried by unanim>us vote.
VICE MAYOR ALLEN stated he received several telephone calls about
trash blowing from the closed buildings in Olivewood H_,using in the
yards of the people in the vicinity, and he called Mr. Biggs and told
him the problem. Mr. Allen said he had tried to call Housing at the
time but the line was busy. He received a call at home last evening
stating what a wonderful job has been done, and wished to commend Mr.
Biggs and let him commend whomever he called as everyone seemed very
happy with the job that was done.
7/17/62
26
MAYOR GAUTEREAUX stated last weak Mr. Hess and himself met with Mr.
Rice, the Director of Paradise Valley Hospital, and Mr. Murch who is
with the State of California in the Bureau of Hospitals, regarding the
Hill -Burton funds Paradise Valley Hospital had applied for in reference
t4 previous action of the past Council, relating to the qualifying iof_
funds and the need for increased hospital facilities. On the applica-
tion for the Hill --Burton funds the hospital during the last fiscal
period was at a No. 14 priority, and since the 17th of April, the
Mayor's office and the office of City Manager Hess has been further
working on this with other legislative officialslin, the
State,
e fundsand
willhave now been inf)rmed National City is No. 7 priority a
will m)st likely be granted during this fiscal period.
Moved by Morgan, seconded by Hart, the meeting be closed. Carried by
unanimous vote. Meeting closed at 3:36 p.m.
ATTEST:
CITY CLERK
CALIEORNIA.
7/i7/62.