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HomeMy WebLinkAbout1962 08-07 CC MIN41 National City, California, August 7, 1962 Regular meeting of the City Council was called to order by Mayor Gautereaux at 1:30 p.m, o'clock. Council members present: Alien, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, 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 Rev. Harris E. Lidstrand of the Assembly of God Church. Moved by Allen, seconded by Colburn, the minutes of the regular meet- ing of July 24, 1962, be approved. Carried by unanimous vote. Moved by Allen, seconded by Hart, the minutes of the adjourned meeting of July 24, 1962, be approved. Carried by unanimous vote. MRS. RUBEN RUBIO, 1729 Cleveland Avenue, was present, and stated on behalf of the American -Foreign Ladies Auxiliary, she wished to intro- duce to the Council delegates of Tecate, Mexico, who are bringing a message from the people of Tecate. Mrs. Rubio introduced the five official hostesses of Tecate. An invitation was extended to the Council and people of National City to attend their city's first annual founder's day celebration on September 14th. MAYOR GAUTEREAUX stated it was a great pleasure to accept the invitation on behalf of the people of National City and the City Council, and he is sure it will mean the beginning of a real relationship between Tecate and National City. MAYOR GAUTEREAUX asked that they take back to Tecate our official acceptance of the invitation. An honorary membership of their Committee was presented by one of the hostesses to Ruben Rubio dedicated to the better understanding of their people and of a good neighbor policy. RESOLUTION NO. 8164 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED HEREIN AND DESIGNATED 'ALTA DRIVE ANNEXATION', AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO, AND REPEAL- ING RESOLUTION NO. 8137". Moved by Hart, seconded by Allen, the Reso- lution be adopted. Carried by unanimous vote. RESOLUTION NO. 8165 was read, "RESOLUTION AUTHORIZING MAYOR TO SIGN AGREEMENT FOR SALE OF TWENTY-TWO BUILDINGS IN THE OLIVEWOOD HOUSING UNITS". Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. 8/7/62 42 ATTORNEY CARSTENS stated the next resolution pertains to a matter of filing an application with the Federal Government for advance funds for preliminary planning of a city hall project. Mr. Carstens stated the resolution was referred to him by the City Manager and Director of Planning. COUNCILMAN MORGAN questioned if the City would have to pay the money back in the event they did not build a city hall. CITY MANAGER HESS stated if at such time in the interim from the time we get the money and five years we start construction we have to pay it back at that time. If construction is not started within a five year period we still have to repay the money to the Federal Government; it is purely a loan and is on a dollar for dollar basis. The amount needed is $15,500 for the preliminary planning, and would be the entire amount of the loan. E. H. ALSDORF, 2105 "Jn Avenue, was present, and asked if the City Council is going to go ahead and secure this money instead of waiting until the November election for the people to decide. MAYOR GAUTEREAUX stated the important point here is that to be able to prepare ourselves properly to put the issue before the people, these are expenses necessary so we can put it before the people in a proper form in such a manner to accomplish the project and have it in such shape the people will accept it. We are asking for only the planning funds, at a zero percent of interest, repayable to the Federal Government on a dollar for dollar basis. DIRECTOR OF PLANNING STOCKMAN PRESENTED a report on the estimated cost of a struc- ture based upon a 40,000 square foot building to meet the needs of a projected population of 50,000 in the year 1970. Moved by Allen, the resolution be read. VICE MAYOR ALLEN withdrew the motion. RESOLUTION NO. 8166 was read, "AUTHORIZING FILING OF APPLICATION WITH THE UNITED STATES OF AMERICA FOR AN ADVANCE TO PROVIDE FOR THE PLAN- NING OF PUBLIC WORKS UNDER THE TERMS OF PUBLIC LAW 560, 83rd CONGRESS OF THE UNITED STATES, AS AMENDED$. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. HEARING ON 1911 ACT IMPROVEMENT ON GROVE STREET FROM 16th to 18th STREETS, was held at this time. COMMUNICATION FROM BLOSSOM ROBINSON was read, protesting the proposed improvement. No one was present in regard to the improvement. Moved by Allen, seconded by Hart, the hearing be closed and the City Attorney and City Engineer proceed with the project. Carried by unanimous vote. HEARING ON LEONARD STREET ANNEXATION was held at this time. There were no written protests, and no one was present in this regard. Moved by Allen, seconded by Morgan, the hearing be closed and the City Attorney be directed to continue with the proceedings of annexa- tion. Carried by unanimous vote. 8/7/62 43 HEARING ON ZONE CHANGE for Frank Hobbs from R-4 to C-2 Limited Com- mercial, West of Palm Avenue and North of 4th Street, was held at this time. Moved by Morgan, seconded by Hart, the hearing be postponed until next Tuesday at 2:00 p.m. COMMUNICATION FROM FRANK S. HOBBS was read, stating he would be unable to be at the hearing and would appre- ciate a continuance of same at the next Council meeting so he could be present. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Alien, RESOLUTION NO. 8167 was read, "RESOLUTION ORDERING WORK (Grove Street from Sixteenth Street to Eighteenth Street)". Moved by Morgan, sec- onded by Allen, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8168 was read, "RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING AGREEMENT WITH THE NATIONAL CITY SANITARY SER- VICE". Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. ATTORNEY CARSTENS stated the next resolution is one referred to him by the Mayor regarding voluntary planning for health facility needs. MAYOR GAUTEREAUX stated this is in addition to the hospital funds he covered several weeks ago on the Hill -Burton Foundation, and the Coun- cil took action establishing the needs for hospital facilities in the City of National City. This in addition is a further study that is being made by the Hospital Counsel for providing of an actuary of establishing further hospital needs in the San Diego area, and they are requesting at such time as a survey is conducted the Council adopt a resolution favoring this type of study and giving confidence in appointing a citizens' committee to work in this behalf and we will support this type of study. RESOLUTION NO, 8169 was read, "RESOLUTION FAVORING VOLUNTARY PLANNING FOR HEALTH FACILITY NEEDS OF THE CITY OF NATIONAL CITY". Moved by Morgan, seconded by Hart, the Resolution be adopted.. Carried by unanimous vote. ORDINANCE NO. , an ordinance amending Ordinance No. 708 and pro- viding for the operation of swap meets, was presented for the second and final reading. Upon motion of Allen, seconded by Morgan, further reading of the Ordinance was waived. COUNCILMAN COLBURN stated he felt the Ordinance should include that some of the things we would require anyone who wanted to set up a swap meet to include certain provisions; this ordinance would allow someone to operate this type of business; and that in his opinion means they could operate it with- out paving, fencing, etc. The motion was adopted by unanimous vote. 8/7/62 44 ORDINANCE NO. 1036, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALI- FORNIA, AMENDING ORDINANCE NO. 708 OF SAID CITY BY ADDING THERETO SEC- TION NO. 43,1". Moved by Morgan, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan. Nays: Gautereaux. ORDINANCE NO. , approving "Zoll Annexation" was presented for the second and final reading. Upon motion of Hart, seconded by Morgan, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1037, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED 'ZOLL 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.--, an ordinance repealing our present ordinance con- trolling the collection of trash and rubbish and re -writing the ordi- nance in view of the new contract which has been let, was presented for the second and final reading. Upon motion of Morgan, seconded by Allen, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1038, "AN ORDINANCE REPEALING ORDINANCE NO. 992 AND REGULATING THE DISPOSAL OF GARBAGE AND RUBBISH". Moved by Morgan, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. , an ordinance regarding the consent of the City Council to use of certain tidelands previously occupied by John Han- cock Manufacturing Company by other companies of similar name, 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. 1039, "AN ORDINANCE GRANTING CONSENT OF CITY COUNCIL TO USE OF LEASED TIDELANDS BY PERSONS OTHER THAN ORIGINAL J.FSSEE". Moved by Morgan, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. MAYOR GAUTEREAUX presented certificates to the following persons who successfully completed the Advanced First Aid Class: ANNA B. BARRER, KENNETH C. BOULETTE, GEORGE E. BURNS, THEODORE J. CURTIS, HENRY COLLINS, PHYLLIS FANKHANEL, JEAN L. GEARY, DORA M. HERGERT, IONE MINOGUE, BERNICE MORGAN, JAMES H. MYERS, ROBERT H. NICHOLS, TIMOTHY D. RAMSEY, 8/7/62 45 JOSEPH F. REEVES, WALTER I. SMITH, and OLIVE TAYLOR. CITY MANAGER HESS stated George DeHaven also completed the course but is attending a Civil Defense Conference today and is unable to be present to receive his certificate. MAYOR GAUTEREAUX presented Dora M. Hergert, Director of Recreation, with a certificate in recognition of satisfactorily completing an extension course in municipal recreation administration under the direction of the International Managers' Association. ATTORNEY CARSTENS stated he had referred to him three relocation per- mit bonds for John Tenwolde; they appear to be in order and recommended they be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated several weeks ago he brought to the attention of the Council a Public Utilities Commission application in regard to building of a new unit at the South Bay Power Plant, Unit No. 3, and one of the members of the Council asked at that time whether the tank farm facilities located in National City would be expanded in the event the unit was actually constructed. Mr. Carstens stated a letter was addressed to the attorneys for the applicant, Chickering & Gregory, and received a communication from them dated July 25, 1962, which indicated the operation of Unit No. 3 will not require expansion of the tank farm facilities located in National City. The communication also stated the Public Utilities Commission has not set the matter for hearing; and would expect in view of National City's past parti- cipation, we will receive a notice of hearing. Moved by Allen, sec- onded by Morgan, the communication be filed. Carried by unanimous vote. ATTORNEY CARSTENS stated with reference to the application of the California Water & Telephone Company for a rate increase, he was requested to meet with Charles Kerch, who is National City's repre- sentative to the San Diego County Water Authority. Mr. Carstens stated he talked with Mr. Kerch on several occasions concerning the methods, advisability, etc. of being present at the hearings for the rate increase and also what methods might be used if it was the desire of the City Council to oppose the increase or to question it. Mr. Carstens said Mr. Kerch informed him there is a Board of Directors meeting taking place this afternoon at the Water District in Chula Vista and Mr. Kerch will be present and will report to the City Attor- ney after the conclusion of the meeting to determine what action the Board of Directors plan to take. Attorney Carstens stated he also has been contacted by the City Attorneys for Chula Vista and Imperial Beach requesting whether National City would be interested in some type of cooperative effort were it decided to either oppose the hearing or be present and present the case of National City, and they suggest each 8/7/62 46 of their respective Councils would be willing to cooperate in every way possible should it involve expenses of any type. COUNCILMAN HART excused. ELIZABETH AMES, 1927 Granger Avenue, was present and expressed her appreciation for the prompt action of the City Manager, Department of Public Works and the Street Dept. in rectifying a potentially danger- ous traffic hazard on Granger Avenue; to -wit: no center line. Mrs. Ames asked if the City was using a new type of line as they painted a dotted line down the center of the street. CITY MANAGER HESS stated it is in preparation to alleviate the immediate traffic danger Mrs. Ames indicated and the follow up will be later, COUNCILMAN HART -present. L. T. DERR, 11011 Fuerte Dr., La Mesa, was present and thanked the Council for the adoption of the ordinance relating to swap meets. Mr. Derr read a communication which he addressed to the County Boundary Commission, which will be posted tomorrow, asking they cancel the pro.• posed "Derr Withdrawal", their Item No. 7, dated June 12, 1962. COUNCILMAN MORGAN stated he would like to recommend E. J. Christman be appointed to the committee for the selection of a site for a city hall. MAYOR GAUTEREAUX stated he is happy to accept the name of Mr. Christman, and Mr. Hart has requested the name of Cliff Reed, Sr. be also submitted, and asked if any other member of the Council had any names they wished to submit. Mayor Gautereaux asked for the Council's consideration and approval in appointing E. J. Christman and Cliff Reed, Sr. Moved by Allen, seconded by Hart, the recommendation of the Mayor be approved. Carried by unanimous vote. COUNCILMAN COLBURN stated on April 24, 1962, the Council decided a night Council meeting should be held on a trial basis, and it is his feeling there has been sufficient time to evaluate the situation and he feels the holding of one night Council meeting a month should remain a permanent situation. Moved by Colburn, seconded by Morgan, one Council meeting per month, preferably the fourth meeting of every month be held in the evening, and the City Attorney be given authority to prepare the necessary ordinance change. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: Hart. MAYOR GAUTEREAUX recognized Mr. Scott, District Governor of Kiwanis, who was present in the audience. VICE MAYOR ALLEN stated after discussing a motion he made at a previous meeting in regard to creating an ordinance for establishment of parks; he discussed it with the City Manager, City Engineer, and the Director 8/7/62 47 of Planning, and they feel, as he does, the motion does not completely fill the desired results. Moved by Alien, seconded by Colburn, the area known as Kimball Park be added to the ordinance and the ordinance also rescind the resolution creating Kimball, El Toyon and Las Palmas Parks, and the Attorney be so instructed. Carried by unanimous vote. VICE MAYOR ATT_PN stated there seems to be some questions and problems in regard to various things that have been happening. In going over the bills, Mr. Allen stated he noticed we had hired Donald Torbett in the Fire Dept. Mr. Alien stated in 1954 he was Chairman of the Civil Service Commission and they tried at that time to get a new ordinance and it never materialized. Mr. Allen said he remembers the Chief of the Fire Dept. and the Civil Service Commission recommended Mr. Torbett be placed on the Reserve List so he could be re -hired within a year; however, the City Council definitely turned it down. Mr. Allen said he is not against Mr. Torbett being re -hired as he believes he is a good fireman, but somewhere along the line there is some discrepancy some place between the Civil Service Ordinance and the method in which it is handled and the City Manager's office. Moved by Allen, seconded by Colburn, it be referred to the City Manager for a report on what happened and how it can be corrected. Carried by unanimous vote. Moved by Allen, seconded by Morgan, the Police Dept, be definitely commended on a very thorough and complete report on the activities of the many crimes, etc. that have been solved in the Police Dept. Car- ried by unanimous vote. Moved by Allen, seconded by Colburn, the City Manager study and pre- pare a report to us in regard to the possibility of having identifica- tion badges with the names of the persons worn by all persons who might come in contact with the public. MAYOR GAUTEREAUX asked if it is intended the expense be borne by the City. VICE MAYOR ALLEN stated it was. Carried by unanimous vote. VICE MAYOR ALLEN stated he personally would like to compliment the City Attorney on the preparation of additional copies of ordinances for the Council so they have an opportunity to study them. VICE MAYOR ALLEN stated he read in the paper where the Bay Committee has gone on record as suggesting only people who serve on the City Couhcil be appointed to the Bay Committee. At the present time we have only one Committee member and one vacancy. Moved by Allen, sec- onded by Colburn, Mayor Gautereaux be appointed to the Bay Committee. MAYOR GAUTEREAUX stated he would be very happy to serve on the Com- mittee if it is the pleasure of the Council. Carried by unanimous vote. 8/7/62 48 COMMUNICATION FROM MRS. HENRY WILSON was read, stating the Council's gracious kindness in presenting her with a beautiful certificate made her very happy, and she will cherish it the rest of her life. Mr. Wilson joined with her in wishing each of the officials of National City great success and accomplishments in their tasks and opportun- ities. Moved by Allen, seconded by Colburn, the communication be acknowledged and filed. Carried by unanimous vote. MAYOR GAUTEREAUX stated he is very happy with the people who are serving on our Street Committee and the job they are doing, and their attendance of the committee at the laying of the portion of the street last week; the Committee being 100 percent in attendance is an indi- cation of the enthusiastic job they are now doing. MAYOR GAUTEREAUX reported he was in contact with Mayor Menzel of Chula Vista, and also Mr. Carey of the South Bay Irrigation District, related to the report furnished by the California Water & Telephone Company relative to the rate increase and their application before the Public Utilities Commission. The City of Chula Vista is having their Attor- ney represent them before the Public Utilities Commission. They have not as yet identified anything they will be protesting other than the fact they feel the 25 percent rate increase is out of the question, and the information contained in the report does not justify this type of percentage in this particular increase. They are asking for more time for study. The South Bay Irrigation District was not able to furnish any information because the Board of Directors are meeting today to discuss the particular topic along with other business before that Board, and after today's meeting possibly they will be in a posi- tion to inform us as to their feelings relating to the Public Utili- ties Commission's hearing. One observation made by Mayor Menzel, if this utilities increase is granted possibly it will re -open the door to these three entities of looking again toward the re -activating of a Joint Powers Agreement in relation to the acquiring of the Water Company. Mayor Gautereaux stated he felt this will be something which merits much consideration; however, he would caution this Council we will be in a much better position to determine whether or not we are going to be able to work with these people in relation to the past relationship we had with them on this particular issue. Mayor Gautereaux stated he will follow up with what the South Bay Irrigation District has determined as a result of the Board of Directors' meeting today. COUNCILMAN MORGAN stated with regard to Loveland Dam, it will cost the people in the water district at least $450,000 to $500,000 this year to have the dam sitting up there; we pay for the dam whether or not we use it. If the water comes down from there we have always 8/7/62 49 paid at least $200 an acre foot for it; if we buy our own water from the aqueduct we can buy it at the present time for $21 an acre foot; and after the first of the year $23 an acre foot. Mr. Morgan said he would like to see someone look into it and see just how much excess property they do own for which we pay. In the County we spent around one hundred million dollars to get water down here; and over the past twenty, thirty or forty years the water situation has changed, but they still have this land in their possession and we have to keep pay- ing for it over and over. MAYOR GAUTEREAUX stated he would like to see the Council take the same line of action as did the City of Chula Vista in having the City Attorney represent us before the P U C bear- ing and delegate Mr. Morgan as the official member of the Council to assist Mr. Carstens to make any other studies he deems necessary to provide the Council and the people of National City with information we should have cognizance of identifying before we appear before the Commission. Moved by Allen, seconded by Colburn, the recommendation of the Mayor be approved. Carried by unanimous vote. MAYOR GAUTEREAUX stated he would like to comment on the work the Honor- able Body is doing in relation to our visitation to Tecate, Mexico. A week ago last Saturday, as a result of a lot of good work accomplished by Mr. Ruben Rubio, this Body was invited to go to Tecate and meet with the officials of that City because of the fact they are celebrating their anniversary the same time we are celebrating ours, and it was felt that possibly this could be a little more meaningful to the City, other than just celebrating anniversaries together, because of other values involved and the need for closer International relationship with our border city, possibly this City would consider the adoption of the City of Tecate, 8,000 population, as our Sister City. It has not been officially put before our Body, but Mayor Gautereaux said he is sure when we do celebrate our anniversaries together and the day they have set aside for us, under International Days in Tecate, this invitation will be extended to the City of National City and the people thereof, and this Body who appeared here today was officially giving us the invitation of appearing there on the 14th of September; and we in turn are reciprocating by hosting this City and our City on the 7th day of September, and we hope to keep our 'people well informed on this project and we think it is going to be fantastic and will have many far reaching effects in establishing a real good relationship with the City South of the Border. Moved by Allen, seconded by Colburn, the Mayor and City Manager, and if possible, Miss National City and the two princesses, take written invitations to the Mayor at a Council meeting in Tecate to be here on the 7th, with the approval of Mr. Rubio, and have him make the arrangements. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: Morgan. 8/7/62 50 BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 29,101.15 Traffic Safety Fund 3,376.07 Park Fund 448.97 Retirement Fund 4,625.37 Payroll Fund 56,488.48 TOTAL $ 94,040.04 Moved by Allen, seconded by Colburn, the bills be approved for pay- ment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. RESOLUTION NO. 8170 was read, authorizing and approving the following expenditures from the Capital Outlay Fund: PACE CONSTRUCTION COMPANY, $5,418.05, final payment on Sewer Construction in and near San Diego Freeway; LEE J. MORGAN CONSTRUCTION COMPANY, $19,773.90, remodeling Community Center Bldg. Moved by Allen, 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. REPORT FROM CITY ENGINEER on Improvement of Harrison Avenue and 24th Street, Quay to Harrison, was presented, recommending the work be accepted and a Notice of Completion filed. Moved by Alien, seconded by Hart, the recommendation of the City Engineer be approved. Carried by unanimous vote. Moved by Morgan, seconded by Alien, the report of the City Engineer be referred to the City Attorney for a Resolution accepting the Work. Carried by unanimous vote. APPLICATION FOR EXCAVATION PERMIT BY BAHIA VISTA DEVELOPMENT CORP., was presented. Mr. Hess stated we have Ordinance No. 837 which deals with the manner in which applications for excavation permits will be handled, and if we are going to have such an Ordinance, perhaps it bears a little looking into, and he would suggest the City Engineer, City Attorney and himself, look into this Ordinance and find out whether or not it does need some amendments or some changes. The general procedure in National City has been excavation will be undertaken and permits then applied for, this is in opposition to the word and letter of the law, as is the case which is before us at this time by Bahia Vista Development Corp. The law states they are supposed to acquire a permit here prior to undertaking any excavation. Mr. Hess said in regard to the Bahia Vista Development Corp.'s application for a permit there are set forth six enumerated items, which based on the profes- sional opinion of the City Engineer should be required of the Bahia Vista Development Corp. in conjunction with the granting of a permit; also he would recommend the City Engineer's office be designated to 8/7/62 51 make certain these provisions are adhered to, because Ordinance 837 as it now stands does not contain in it any direct provision as to the manner in which this law will be carried out or who will enforce it. Mr. Hess said for the time being, while we are looking into this ordinance, the City Engineer should be given the authority to make certain these points are complied with. Moved by Morgan, seconded by Hart, the recommendation of the City Engineer be approved, and the City Manager and City Attorney study the ordinance and make a recom- mendation on an amendment to the excavation ordinance. Carried by unanimous vote. REPORT FROM CIVIL SERVICE COMMISSION was presented. VICE MAYOR ALLEN stated if the Mayor had no objections to the appointment of Horton Simons, he would move that the recommendation of the Civil Service Commission be approved, as written. COUNCILMAN MORGAN stated he believes the ordinance stated the Mayor make the appointments, not the Commission. Motion died for lack of a second. MAYOR GAUTEREAUX stated he feels now in the appointment of people to our Commissions and Committees, in the work they are doing on behalf of the City is real gratifying. Iz Sacramento, when the Mayor attended the Mayors' Conference there, it was advocated that in achieving better perfor- mance of committee; and committee people on commissions the same atti- tude be taken by the Council as they would in the hiring of personnel as to obtaining the most competent people for these positions; that before the selection is made we discuss these appointments on commis- sions and committees in closed executive sessions, and Mayor Gautereaux said he would like to think we would have more than one person con- sidered for an appointment for such important positions on these com- missions. It was the suggestion of the Mayor before the commission person is selected, or given to the Council for consideration for selection, we have more than one and take it into an executive session by the Council for discussion. Moved by Morgan, seconded by Gautereaux, we accept Mr. Gammon's resignation, as recommended by the Civil Ser- vice Commission in their report, and their recommendation on the one to fill the vacancy be laid over until the Mayor makes up his mind as to who he does want to recommend. COUNCILMAN HART excused. COUNCILMAN MORGAN, with the approval of Mayor Gautereaux, included in the motion a certificate be given to Mr. Gammon for his services on the Civil Service Commission. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. 8/7/62 52 COMMUNICATION FROM CARLSBAD MUNICIPAL WATER DISTRICT regarding sale of water for recreational purposes at Lake Elsinore, was presented. Moved by Allen, seconded by Morgan, it be referred to the City Attor- ney to see if we are involved. Carried by unanimous vote. COUNCILMAN MORGAN stated he would like to have the City Attorney report whether or not it would be a financial burden on National City if the lake was filled. REPORT FROM REAL ESTATE COMMITTEE of meeting of July 23, 1962, was presented and approved by unanimous vote. COMMUNICATION FROM METROPOLITAN WATER DISTRICT regarding payment on August 25th, was presented. Moved by Allen, seconded by Morgan, the communication be filed. CITY CLERK ALSTON suggested the communication be referred to the City Manager and herself as August 25th falls on Saturday, and they meet on Tuesday, the 21st of August, and the City Manager and City Clerk in the.past have contacted the Metropolitan Water District and asked them to phone the figures in so we could adopt our resolution as of that date and can get all our reports, etc. to them by August 25th. COUNCILMAN MORGAN withdrew his second to the motion and Vice Mayor Allen withdrew the motion. Moved by Morgan, seconded by Allen, it be referred to the City Clerk and the City Mana- gex. Carried by unanimous vote. ORDER FROM PUBLIC UTILITIES COMMISSION to State of California, Depart- ment of Public Works, regarding separated grades of San Diego & Ari.- zona Eastern Railway. Company's main line in National City, was pre- sented. Moved by Allen, seconded by Morgan, it be referred to the City Attorney and City Manager. CITY MANAGER HESS stated the City Council in March of 1062 agreed to build a curb for the island fOr the signals at 13th Street at an estimated cost of $200 and no Coun- cil action is required at this time. COUNCILMAN MORGAN withdrew his second to the motion, and Vice Mayor Allen withdrew the motion. Moved by Allen, seconded by Morgan, the Order be filed. Carried by unanimous vote. REQUEST OF CITY CLERK for annual vacation was presented. Moved by Allen, seconded by Morgan, the request be granted. Approved by unani- mous vote. CITY MANAGER HESS stated the first item of business concerns the edi- fice known as the Casa de Salud which is located in Old Town, and knowing all of the Council have an interest in the continuance' of this operation, he has been in conference with the Director of Planning, Recreation Director, representatives from Old Town, and representatives from the Altrusa Club. All of these people are vitally interested in seeing that the services as rendered by the Casa at this time be 8/7/62 53 continued, and if possible to increase the services which might be provided by the County Health Dept. Mr. Hess said he would like to submit to the Council a recommendation he be permitted to direct a letter to the Ford Foundation in New York to ascertain whether or not this building, by the nature of its activities, might fall within the purview of their grant authority and see if we would be eligible for a grant concerning the reconstruction of a new building on this site to serve the area in Old Town housing the recreational facilities, health facilities, C Y A counselling facilities, non -partisan youth groups, etc. The request of the City Manager was approved by unani- mous vote. CITY MANAGER HESS statedin reviewing our Ordinance No. 756 which relates to "disasters't he found it might be in need of a revision because of the institution of an office here as Deputy Director of Civil Defense, and requested Council permission to work on the ordi- nance with the City Attorney and the Deputy Director of Civil Defense in order tp ;ring the ordinance within the scope of the new office which has beencreated. The request was approved by unanimous vote. CITY MANAGER,HESS Aorted the Director of Planning and himself inter- viewed ten representatives of architectural firms relative to the planning, etc.' concerning a new city hall; and following their inter- views and after a conference between the two of them, they have come up with the following three names for the Council's consideration so they might make the -necessary arrangements and ultimately select one architect: Richard George.Wheeler & Associates; Freeland & Bird; Tucker, Sadler & Bennett, ,;if the Council so desires, after making some arrangements, the:ilr,,Manager will be glad to arrange inter- views with these people, ,;they have stated they would bring all their necessary models, drawinga., background data, etc. so the Council could make a decision in this regard. Moved by Morgan, seconded by Colburn, the City Manager and the Mayor set up a meeting with the architects so we can interview them and discuss with them plans for a city hall. xried"by unanimous vote, COMMUNICATION FROM FIRST CHURCH OF CHRIST SCIENTIST was read, request- ing permison to replace the literature distribution box at 24th and Highland Avenue that was removed for the widening of the street, same to be placed on the NE corner; in addition they would also like per- mission to install a new box on the NW corner of 18th and Highland. CITY MANAGER HESS recommended they be granted permission to reestab- lish the site they request as well as a distribution point at 18th and Highland. Moved by Alien, seconded by Morgan, the recommendation of the City Manager be approved. Carried by unanimous vote. 8/7/62 54 COMMUNICATION ADDRESSED TO 1)HE CITY MANAGER FROM JAMES L. THURMAN OF SCOTT THURMAN CORP., was read, stating they have a request from Harold Dodds at 29 W. 8th Street, National City, to apply their deck and waik cover on the City sidewalk in front of his business place; the area affected is 151 x 351; their material known as "torginol't is a general plastic coating that affords good slip proof qualities and is also decorative and long wearing. A semple of "torginol" was enclosed. CITY MANAGER HESS stated a research was conducted in regard to the matter, this being accomplished through his office; the Director of Planning, and Public Works Director, In review of our Ordinance 734 there is no provision for any deviation from the type of construction which is a Portland cement concrete which is to be laid in one course, and Mr. Hess said he feels, in strict compliance with the ordinance as it stands now, this would be an exception, and he would recommend against the installation. COUNC,W4AN COLBURN stated he wondered if the National Avenue Beautification Committee would be interested; they might like to make a recommendation the ordinance be changed to allow it if it is possible it could be laid in the proper manner; it cer- tainly would improve the area. MAYOR GAUTEREAUX asked the City Mana- ger, if in the study that was made with the respective departments, did they find anything that would cause the commodity from being accept- able, as to its durability or previous application. CITY MANAGER HESS stated he did not think they are qualified to make laboratory tests to establish whether or not this would be a durable product; we did try to apply the ordinance to the situation which appeared to be a deviation; and we contacted the surrounding communities and in the City of San Diego they have an ordinance which does not permit colored sidewalks. If we are going to make an exception we should change the ordinance and permit people to make their sidewalks any color; and we must take into consideration there will be requests for many different commodities and an ordinance change would be a very difficult thing to include all the products which might be on the market. MR. SCOTT, President of Scott -Thurman, was presentand stated they are the fran- chise dealers and applicators of "torginol". Mr. Scott explained how torginol is applied, etc. and stated if the Council considers this favorably he is sure they will be more than pleased with the applica- tion and workmanship of the product. MAYOR GAUTEREAUX recommended this be taken under consideration and further study be given and con- sideration be given to the ordinance in respect to when it was enacted and possibly modification of the ordinance to go into a different type of ordinance amendment and certain controls thereto, recommended by the City Engineer and City Manager. COUNCILMAN MORGAN stated he would like a ruling from the City Attorney as towhat does happen in a case 8/7/62 55 of this sort if we would give them authority to go ahead with the installation. CITY ATTORNEY CARSTENS stated assuming this would be in violation of the ordinance to make one exception, he is afraid it would be opening the door to criticism if other people would want to make changes. If we have a test case, it should be a more controlled test case, there should be no indication we are making exception to one person where we might not to others. There would definitely be problems and criticism if we made one exception. After further dis- cussion, it was moved by Allen, seconded by Morgan, the Chamber of Commerce Committee on Beautification of Downtown National City be con- tacted in regard to this particular situation, and they make a recom- mendation, and the City Attorney and City Manager see if there are any other objections to resurfacing of sidewalks otherwise in this particular ordinance and make a report next week, and also be referred to our Street Committee. Carried by unanimous vote. COMMUNICATION FROM MRS. MARGARET ESTES, widow of Homer Estes, who was a City employee, was read, thanking the City for their expression relative to her recent situation and appreciation of the fact all avenues have been made open to her relative to the acquisition of benefits, etc. she was entitled to. The communication was ordered filed by unanimous vote. CITY MANAGER HESS reported it was necessary. on August 3rd to provide advance funds to the Police Dept. in the amount of $305 relative to an extradition concerning an individual who was in custody in Albuquerque, N. Mex. and was returned to National City. Moved by Allen, seconded by Colburn, it be accepted. Carried by unanimous vote. CITY MANAGER HESS stated several meetings ago the Council approved the construction of a sign advertising Bahia Vista City property, which would be installed within the 100 yard setback from Montgomery Freeway, and at that time it was indicated a particular size of sign and estimated cost of $50. 1fr. Hess said, having checked with people who are professionals in the billboard business, we find that size sign would not be adequate and would not be able to be read from the Montgomery Freeway, and it was suggested by them, and having discussed the matter with Housing Director Gautereaux, we feel the sign should perhaps be at least 10' x 28' if we are actually going to construct one, and if this be the case the cost would be approximately $100 to construct the sign as fax as the materials are concerned, we can get the sign painted for $65; making an aggregate cost of $165. Mr. Hess said he thinks it has a good purpose and suggested we be permitted to go ahead with the construction at a much greater dimension. Moved by 8/7/62 56 Allen, seconded by Morgan, the recommendation of the City Manager be approved and he be allowed to spend $165 on the sign. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None, Absent: Hart. ORDINANCE NO. , "ORDINANCE DETERMINING AMOUNT OF REVENUE NECESSARY FROM PROPERTY TAXES FOR SUPPORT OF ITS DEPARTMENTS AND TO PAY BONDED INDEBTEDNESS OF CITY OF NATIONAL CITY, CALIFORNIA, FOR FISCAL YEAR 1962-63", was presented for the first reading, and read in full. CITY MANAGER HESS reported funds were advanced for Lieut. Liesman of the Police Department to attend a school as a radiological defense officer, in the amount of $182. The school is being held at Alameda, Calif., August 5th to loth. It is a budgeted item. Moved by Allen, seconded by Morgan, it be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. COMMUNICATION FROM DR. G. H. PAROEIEN, JR., was read, requesting the parking situation be investigated on 18th Street between National Avenue and "B" Avenue. The number one offender is the Five Point Motors, used car lot on 18th and National Avenue. Other all day par- kers are the people who park their cars and take the bus to San Diego. CITY MANAGER HESS recommended the communication be referred to the Chief of Police and the Traffic Safety Committee for their observation. Moved by Morgan, seconded by Alien, the City Manager's recommendation be approved, Carried by unanimous vote. AN ANONYMOUS COMMUNICATION ADDRESSED TO VICE MAYOR ALLEN was read, stating the writer is for the cat law; and hoped a law could be passed to take care of all stray cats. CITY MANAGER HESS stated after the letter was referred to him by Mr. Allen we did some checking and reviewed the situation as to our dog and cat laws and the Police Dept. informed him we do not have any law which pertains to cats. At one time there was a policy here where people who had stray cats would bring them into the City and they would be held for a certain period of time and then transported to the Humane Society; however, we do not have an existing agreement with them and perhaps it is something that should be lookedinto, and requested a study be made by himself and the Humane Officer to see if we could make to the Council a suit- able recommendation relative to stray cats, etc., and study our ordi- nance concerning the stray dog situation. Moved by Allen, seconded by Gautereaux, the recommendation of the City Manager be approved, and he and the Humane Officer study the situation and report to the Coun- cil.. Carried by unanimous vote. 8/7/62 57 MAYOR GAUTEREAUX stated we had a complaint from a group of citizens concerning a personnel situation in the City of National City, and publicity was given thereto; and Mayor Gautereaux said he would like to express his wholehearted approval of the manner in which this prob- lem was handled by our City Manager and his subordinate staff, and the handling of the situation in this manner will preclude any other adverse publicity that may come therefrom, MAYOR GAUTEREAUX declared a recess. The meeting was called to order by Mayor Gautereaux. Council members present: Allen, Colburn, Morgan, Gautereaux. Council members absent: Hart. CITY CLERK ALSTON reported she received a communication from the County Boundary Commission concerning 'tGrout Annexation,' to the, City of Chula Vista, and referred the:communication to the City Engineer and his report was he could see no conflict with National City. The communication was ordered filed by unanimous vote. CITY CLERK ALSTON stated she received a copy of a communication addressed to the Registrar of Voters from the Board of Supervisors, which stated on July 31 the Board referred to the Registrar for checking, petitions submitted to the Board by the Cities of Coronado, Imperial Beach, and Chula Vista., requesting the Board of Supervisors to call an election, to be consolidated with the General Election on November 6th for the formation of the San Diego Unified Port District. The communication was ordered filed by unanimous vote. CITY CLERK ALSTON presented the reports from the Park Supt. and Direc- tor of Housing. The reports were ordered filed by unanimous vote. HOUSING DIRECTOR GAUTEREAUX stated he wished to call the Councils attention to the report for the fiscal year July 1, 1961 to June 30, 1962. REPORT FROM THE PLANNING COMMISSION relative to the request of Richard L. Graham to move a building, was presented. DIRECTOR OF PLANNING STOCKMAN recommended the report be laid over until next week until a report is received from the Building Dept.., Moved by Morgan, seconded by Allen, the recommendation of the Director of Planning be approved. Carried by unanimous vote. REPORT FROM THE PLANNING COMMISSION was read, relative to the dedica- tion of a 20 foot strip easterly of "Ru Avenue in the 900 block to be known as 9th Street. It was the recommendation of the Commission the portion indicated as 9th Street not be legally dedicated as a street at this time until a solution is worked out by the property owners on the north. Moved by Morgan, seconded by Gautereaux, the recommendation 8/7/62 58 of the Planning Commission be approved. Carried, by the following vote to -wit: Ayes: Colburn, Morgan, Gautereaux. Nays: Allen. Absent: Hart. REPORT FROM THE PLANNING COMMISSION relative to "Vista Annexation" to the City of National City which pertains to the properties located in Lincoln Acres between Wilma Street and 32nd Street, between Granger Avenue and 229 feet west of Orange Street, was presented. It was the recommendation of the Commission the annexation be denied. Moved by Allen, seconded by Colburn, the recommendation of the Planning Commis- sion be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. REPORT FROM THE PLANNING COMMISSION was presented, relative to "Van Ness Annexation" to the City of National City and pertains to the area located in Lincoln Acres approximately 250 feet south of 24th Street, both sides of Van Ness Avenue, The Planning Commission recom- mended the annexation be approved. Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission be approved and referred to the City Attorney for continuing with the annexation•pro- ceedings. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. REPORT FROM THE PLANNING COMMISSION relative to the establishment of zoning on Sweetwater Annexation No. 4, was presented. The following zoning was considered: 1. An R-2, Two Family Residence Zone, on all that portion of Lots 3, 4, 20 and 21, Lincoln Acres. 2, A C-2-A, Special Commercial Zone on the balance of the property located within the Sweetwater Annexation No. 4. The Planning Commission recommended the zoning as described in the report. Moved by Alien, seconded by Morgan, the recommendation of the Planning Commission be approved, and set for a public hearing on August 28th. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays-: None. Absent: Hart. REPORT FROM THE PLANNING COMMISSION was presented, relative to Appli- cation for Zone Change No, C-10 signed by Charles G. Kerch relative to property located on the south side of 8th Street, west of the south- erly prolongation of Sanitarium Avenue, Petitioners are requesting a zone change from an R-2, Two Family Residence Zone, to a C-2, Limited Commercial Zone. The Commission recommended the request be granted. Moved by Morgan, seconded by Allen, a public hearing on the request be set for August 28th. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. 8/7/62 59 RESOLUTION NO, 8171 was read,: accepting the work done by R. E. Hazard Contracting Company, for the improvement of Harrison Avenue and 24th Street, Quay to. Harrison, and authorizes the filing of a Notice Completion. Moved by Morgan, seconded by Allen, the Resolution adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart, of be COUNCILMAN COLBURN, Chairman of the Finance Committee, called a meet- ing for Friday at 7:00 p.m. in the City Manager's office. Moved by Morgan, seconded by Allen, the meeting be closed. Carried by unanimous vote. Meeting closed at 4:36 p.m. ATTEST: -CITY CLERK h -MAOR, CI Y OF NATIONAL CI , CALIFORNIA 8/7/62