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HomeMy WebLinkAbout1962 10-30 CC ADJ MIN168 National City, California, October 30, 1962 Adjourned meeting of the City Council of October23, 1962, was called to order by Mayor Gautereaux at 1:30 p.m, o'clock. Council members present; Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Carstens, DeHaven, Foster, Hess, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by Rev. Wayman of the First Methodist Church. Moved by Allen, seconded by Colburn, the minutes of the adjourned meeting of October 19th, adjourned meeting of October 20th, and regu- lar meeting of October 16th, be approved. COUNCILMAN MORGAN ques- tioned the money from the sale of land being put into the General Fund, and asked where the money would come from if we had not sold the property to pay back to the Capital Outlay Fund. CITY MANAGER HESS stated the Capital Outlay, Fund has an indebtedness of $78,000. which has to be met for budgeted items; it is encumbered money; and if we were to tut the entire land sale !money, into Capital Outlay it would reduce the, -Capital Outlay availability at this time to $121,000 which we.could.:apply for matching funds; the other $78,000 as far as avail- ability is concerned we can meet the committment when we repay the Capital Outlay Fund which would be done before the end of the year. =bey nto the Mr, Hess stated under his program if we put theeneral Fund we could apply forp$187,000 worth of projects, which we have already done. If we put it into;Capitai Outlay Fund it.,is encumbered now and we could not truly tell;the.Federal Government this mtoney is unencumbered money and you would be limited to.$121,000 as opposed to $187,000. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Councilman Hart abstained from voting. Moved by Allen, seconded by Colburn, the minutes of the adjourned meeting of October 18th be approved. COUNCILMAN MORGAN stated the minutes he was questioning were those of October 18th. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Councilman Hart abstained from voting. Moved by Colburn, seconded by Hart, the minutes of the regular meeting of October 23rd be approved. Carried,by the following vote to -wit: Ayes: Colburn, Hart, Gautereaux. Nays: Morgan, Vice Mayor Alien abstained from voting. RESOLUTION NO. 8223 was read, "RESOLUTION ADOPTING PLANS AND SPECIFI- CATIONS (HIGHLAND AVENUE - DIVISION STREET TO FOURTH STREET AND 10-30-62 169 EIGHTEENTH STREET TO THIRTIETH STREET)". Moved by Hart, seconded by Allen, the Resolution be adopted, Carried by unanimous vote. RESOLUTION NO. 8224 was read, "{ESOLUTION ADOPTING PLAT SHOWING EXTER- IOR BOUNDARIES OF ASSESSMENT DISTRICT (HIGHLAND AVENUE • DIVISION STREET TO FOURTH STREET AND EIGHTEENTH STREET TO THIRTIETH STREET)". Moved by Morgan, seconded by Allen, the Resolution be adopted. Car- ried by unanimous vote. RESOLUTION NO. 8225 was read, "PRELIMINARY DETERMINATION OF LEGISLA- TIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (HIGHLAND AVENUE - DIVISION STREET TO FOURTH STREET AND EIGHTEENTH STREET TO THIRTIETH STREET)". Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8226 was read, "RESOLUTION AveROVING ENGINEER'S REPORT AND FIXING HEARING DATE (HIGHLAND AVENUE - DIVISION STREET TO FOURTH STREET AND EIGHTEENTH STREET TO THIRTIETH STREET)", Moved by Allen, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE GRANTING CONSENT OF THE CITY COUNCIL TO USE OF LEASED TIDELANDS BY PERSONS OTHER TITAN ORIGINAL LESSEE", was presented for the first reading, and read in full. (The ordinance per- tains to the John Hancock Mfg. Co.) VICE MAYOR ALLEN asked the City Attorney if he was going to read the Excavation Ordinance at this meeting. ATTORNEY CARSTENS stated it was referred to City Engineer Foster, and he has informed the City Attorney he is contacting other agencies in regard to the ordinance. CITY ENGINEER FOSTER stated the utility companies have indicated inter- est in the ordinance so .be referred copies of it to the Gas Company, Telephone Company and Water Company, and thought perhaps it would be webb to get their comments prior to the adoption of the ordinance. ORDINANCE NO. , an ordinance amending Ordinance No, 962, was pre- sented for the second and final reading. Upon motion of Alien, sec- onded by Hart, further reading of the Ordinance was waived. The motion was carried by unanimous vote. ORDINANCE NO. 1050, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA". Moved by Colburn, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux. Nays: None. 10-30-62 170 ATTORNEY CARSTENS stated several weeks ago the Council appointed Coun- cilman Morgan and himself to investigate the possibility of retaining the firm of Leeds, Hill & Jewett, consulting engineers, for the pur- pose of determining whether they can be of some assistance in aiding the City in regard to the California Water & Telephone Company's appli- cation for rate increase. Monday, October 22nd, they went to the Los Angeles office of Leeds, Hill & Jewett in regard to what they could accomplish for the City and what their fees would be. Yesterday, Mr. Carstens stated he received a letter from the firm, and if the Council pleases he could read the letter. Moved by Allen, seconded by Colburn, the letter be read. Carried by unanimous vote. COMMUNICATION FROM LEEDS, HILL & JEWeri was read relative to the application of the Cali- fornia Water & Telephone Company seeking an order from the public Utilities Commission authorizing an increase in charges for water services. The total charges for the work necessary should not exceed $5,000. ATTORNEY CARSTENS stated the South Bay Irrigation District has consented to go in on a participating basis with the City of National City on a 70%-30% basis; the District paying 70% of the cost, and National City paying 30%, which would mean that National City would pay $1,500. and the South Bay Irrigation District would pay $3,500. Attorney Carstens stated we received a notice of hearing from the Commission setting Wednesday, December 5, 1962, at 10:00 a.m., in the Council Chambers, Chief Administrative Office, in Chula Vista, as the time and place the hearing will be held. Moved by Morgan, seconded by Allen, we enter into a contract with Leeds, Hill & Jewett, with the South Bay Irrigation District participating, on the feasibility of the water raise. MAYOR GAUTEREAUX spoke against the motion. Mr. Gautereaux said he thought our City Attorney is equipped to review the application of the Water Company, and thought this was a good example of frivolous spending, if we spent the $1,500. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan. Nays: Colburn, Gautereaux. ATTORNEY CARSTENS suggested the communication from Leeds, Hill & Jewett and the application from the Public Utilities Commission be filed. Ordered filed by unanimous vote. ATTORNEY CARSTENS stated at a previous meeting there was referred to him an insurance endorsement for the San Diego Gas & Electric Companys tidelands lease; it is determined the endorsement has no affect on the terms of the lease, and is in conformity with it, and recommended it be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated there was referred to him a bond of Mr. Perlmutter in regard to the City's trash collection which had to be returned several times to the insurance company, and they have finally 10-30-62 171 given us a Certificate of Insurance which includes the City as a co- insured and also gives the proper coverage as required by the contract. It was the recommendation of the City Attorney the Certificate of Insurance, the endorsement, and second Certificate of Insurance be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated there was referred to him the question as to whether the proceeds from the sale of eight lots to the First Chris- tian Church could be deposited into the General Fund; and also whether it is a legal transaction. In line with the recommendations made at the last regular meeting in regard to the sale of the property to Acme Chevrolet, his opinion would be the same, that it is entirely proper and legal for the proceeds of this land to be put into the General Fund, and there is no legal bar or implication involved, it is dis- cretionary with the Council as to which fund they wish to return the funds from the sale of property. No action is necessary. ATTORNEY CARSTENS stated there was referred to him by the City Manager a claim for damages by Paul Joseph Lorson in the amount of $500. for an injury which he sustained at the Municipal Swimming Pool. Mr. Carstens stated he understands it had been referred to the insurance company and the claim was rejected. Mr. Carstens stated under the applicable statutes the claimant was required to file a claim with the City within a period of 90 days and to file the claim with the City Clerk. The claim was referred to the City Manager who in turn referred it to the City Attorney for action. Moved by Morgan, seconded by Allen, it be referred to the City Attorney for a report and action if he finds it is so necessary. VICE MAYOR ALLEN asked if the City Attor- ney thought it was something we could win a court of law, and if it was he would not approve of the motion. ATTORNEY CARSTENS stated he thought the claim should be read and that he is ready to make a recom- mendation on it. MAYOR GAUTEREAUX asked the claim be read. CLAIM FOR DAMAGES to Paul Joseph Lorson, signed by Perry L. Lorson, Claimant, was read in its entirety. ATTORNEY CARSTENS stated we go into these matters with the insurance company, and they agree with their recom- mendation the claim be denied; although it is an unfortunate circum• stance this child was substantially injured they saw no indication of any liability or negligence on the part of the City, and on that basis it is their legal opinion there is no legal cause for action against the City, and it would be his recommendation the claim be denied. Councilman Morgan, with the approval of Vice Mayor Allen, withdrew their motion. Moved by Morgan, seconded by Allen, the claim be denied. Carried by unanimous vote. ATTORNEY CARSTENS stated it would be appro- priate the claim be filed with the City Clerk and that she be author- ized and instructed to notify the claimant of the decision of the 10.30-62 172 Council, Moved by Allen, seconded by Colburn, the recommendation of the City Attorney be approved. Carried by unanimous vote. ATTORNEY CARSTENS stated at the last meeting the City Manager and City Attorney were authorized to make a recommendation as to authorizing officially a Library Board; and it is the Attorney's recommendation the City Manager and himself be authorized to prepare an appropriate ordi- nance.to establish a Library Board pursuant to the Education Code. IRENE PHILLIPS, 105 E. 7th Street, was present, and presented a report relative to the establishment of a library in National City; and it was filed with the City Clerk. It is the City Attorney's recommendation the City Manager and himself be authorized to prepare an appropriate ordinance pursuant to the Education Code in order to bring into effect the very things Mrs. Phillips has brought before us today. Moved by Allen, seconded by Colburn, the recommendation of the City Attorney be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux, Nays: Hart, Morgan. ATTORNEY CARSTENS stated with reference to a resolution to Gov. Brown and Gov. Esquivel, it was his understanding each of the Council members would be given copies of the material which was contained in the speeches and then back to the Council to determine whether or not they desired to have the resolution. Copies of the material was forwarded to each Council member, Moved by Morgan, seconded by Alien, we authorize the City Manager to prepare a resolution regarding the speeches of the Governor of California and the Governor of Mexico. VICE MAYOR ALLEN stated the speaker for Gov. Esquivel was Lic. Ernesto Terez Rul and it should be sent to him. Councilman Morgan said he would include this person's name in the motion. Carried by unanimous vote. CITY MANAGER HESS asked if the maker of the motion would change it so the City Attor- ney would prepare the resolution and not the City Manager. COUNCILMAN MORGAN, with the approval of Vice Mayor Allen, corrected their motion that the City Attorney prepare the resolution. DONALD JACQUOT, 815 Ethel Place, was present, and stated he represents Aqua Land, Inc. and are asking for a lease of tidelands and presented a map outlining the general area of the property desired. It is to be developed into a recreational area; and presented a sketch of the pro- posed development, including a convention center, motels, sport fishing docks, etc. Mr. Jacquot stated the following persons are involved: Robert McMahon, Atty.; Harry Wardenburg; Jess H. Elliott; and Jack Lindley. HARRY A. wARDENBURG, 14944 LaCumbre Dr., San Diego, was present and stated he had the proposed option as prepared by Mr. McMahon. Mr. McMahon has written a proposed lease as well as an option for a five year period; the option is necessary in order to determine the feasibility 10-30-62 173 studies, and determine whether or not the plan is operative. Mr. Wardenburg stated it is his understanding the original term of the option was for a two year period, but it was discussed with the Mayor and City ►Manager and they have come to the conclusion that probably a five year period with a three year termination provision would be more realistic so it can be reassigned in the event the Council wishes; at the end of two years it can be reassigned to anybody within your own group. The term of the lease would be for the legally available period, either 25 or 50 years. Mr. Wardenburg read certain sections of the proposed lease and of the addendum to the lease. They have not provided for any monetary payment with respect to the lease if the option is exercised because of the four very significant points which make the project now in the embryonic stage. We would agree to turn over all the studies that would be made with respect to the feasibility problem to the Council in the event the option is not exercised. MAYOR GAUTEREAUX stated it was the conclusion of the Harbor Committee at their meeting regarding this matter that they take it under considera- tion and have it reviewed by our City Manager for a report. Mayor Gautereaux stated it was a proposal without any monetary return to the City and he is personally opposed to any option on this type of property, and he felt we would be in a real dangerous area if we permitted such a lease to be granted for no monetary returns to the City in respect to the existing leases that are on adjoining properties. CITY MANAGER HESS stated the recommendation contained in the minutes of the Harbor Committee's meeting of October 12th basically as the minutes were set forth at that time by the Secretary, in his estimation, have not been altered greatly by any presentation made today, and the Mayor having spoken from the policy making viewpoint are exactly his same sentiments as far as the administrative point of view are, in there is no indica- tion of immediate revenue. There is a very great possibility of a valid source of public criticism to tie the land up for any period of time with no indication whatsoever we will have any monetary gains, and he would sure recommend against it. DR. GEORGE JONES, 3740 Valle Vista Ct., Bonita, was ,resent, and stated they made a proposal of a percentage type lease or a footage type lease, whichever of the two was the larger; and they made the tentative proposal on a .050 per square foot basis. Moved by Allen, seconded by Hart, the Harbor Committee set up a date with this group of people to further discuss the situation and give us time for the Attorney to review the leases as proposed by them, and have the date set after November 6th at which time we will know whether we can actually say "yes" or "no" to the proposal; and the City Manager arrange the meeting. COUNCILMAN MORGAN stated he was not in favor of the motion; it should be turned over to the City Attorney 10-30-62 174 to check the legality, and if he says it is legal we should tie the property up; this is private enterprise and he is very happy to know they are wanting to lease at this time. JE RY HARRIS, 826 Ethel Place, was present, and spoke in favor of the proposed project. COUNCILMAN HART withdrew his second to the motion. DR. JONES stated he thought the Council should make some kind of a counter proposal if they do not like what has been presented. Motion died for lack of a second. COUN- CILMAN COLBURN spoke in favor of the program. Moved by Morgan, sec- onded by Hart, we call a Harbor Committee meeting for Thursday at 10:00 a.m., and authorize the City Attorney to go over these items and work out something legal to get the lease started. After some discus- sion, Councilman Morgan, with the approval of Councilman Hart, withdrew the motion. Moved by Morgan, seconded by Hart, the City Attorney be authorized to prepare a lease that is satisfactory and legal with regard to the proposal they have made and the option they have pre- sented, and one that would protect the City. ATTORNEY CARSTENS stated he understands the motion to mean he should review the option and review lease and render an opinion as to the legality. Councilman Morgan stated if the City Attorney thought there should be a provision in the lease which would benefit the City it should be included. The six acres proposed to be leased to the Dixie Line Lumber Company was discussed. MAYOR GAUTEREAUX stated the motion before the Board is accepting the proposal as has been proposed and instructing the Attor- ney to review the proposal and anything he finds will be detrimental to the City in respect to legality and things could be worked out and make recommendations to us. Councilman Morgan stated that was his motion, COUNCILMAN COLBURN questioned if we could not make a counter proposal. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan. Nays: Allen, Gautereaux. Moved by Morgan, seconded by Allen, we lease the six acres to the Dixie Line Lumber Company. MAYOR GAUTEREAUX stated we have accepted a proposal that includes the same acreage the Dixie Line Lumber Company is proposing to lease now. VICE MAYOR ALLEN withdrew his second to the motion, and Councilman Morgan withdrew the motion. MR. JACQUOT stated if the Council wished to lease the property to the Dixie Line Lumber Company they can work around it; they would like to have the Property but if it is more desirable to the City to lease the six acres to Dixie Line that will be satisfactory. Moved by Morgan, seconded by Allen, we delete the six acres the Dixie Line Lumber Company wants from the proposal, and the Attorney to put anything in the lease that would protect the City. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated it was suggested by Dr. Jones the City come up with a counter proposal, and it has been mentioned in 10-30-62 175 viewing the lease and addenda it be held over until an adjourned meeting Friday; and questioned who will be making the decision as to what would be a logical monetary amount to be set aside for considera- tion for the lease as a counter proposal. Moved by Alien, seconded by Hart, the original motion for a Harbor Committee meeting be held at 10:30 a.m. Thursday. MAYOR GAUTEREAUX stated this is a point that can be clarified only one way, and that is by motion; whether we are in.a position to instruct a counter proposal to be made or whether we are just going to take it on the basis they have proposed without any monetary returns. COUNCILMAN COLBURN said he would like to see a counter proposal and in making it up every Councilman has his right to express his feeling and make his suggestions to the City Attorney for guidance. MAYOR GAUTEREAUX stated as it stands now it is referred to the Attorney, there has been no guidance given to the Attorney, he will work on the leases as to the legality, it will be presented to the Harbor Committee meeting and further considered on Friday at the adjourned meeting. COUNCILMAN HART, Chairman of the Harbor Committee, called a meeting for 10:00 a.m., Thursday, November lst. Moved by Colburn, seconded by Allen, we have a five minutes recess. Carried by unanimous vote. The meeting was called back to order by Mayor Gautereaux. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. COUNCILMAN COLBURN stated the Plaza Shopping Center is having openings of three new businesses Friday, and was asked to invite the Mayor and Council members to be their guests; it will be Friday morning between 9:30 and 10:30; you will be notified as to the exact time. COUNCILMAN COLBURN stated in regard to 30th Street running west from National Avenue, we have graded the street as far west as it goes and at the present time it is a dirt street. Moved by Colburn, seconded by Allen, we oil 30th Street west of National Avenue. COUNCILMAN COLBURN, with the approval of Vice Mayor Allen, amended the motion to include we oil 30th Street west of National Avenue with the approval of the City Manager. Mr. Colburn stated this would mean if his appro- val is such the job could go forward and we would be giving our con- sent as a Council. COUNCILMAN MORGAN stated there was no stop signs on this street which creates a problem. COUNCILMAN COLBURN stated perhaps the Police Dept. or Traffic Safety Committee could recommend some sort of a one way sticker be posted, or a stop sign installed. CITY ENGINEER FOSTER stated the present improvement on National Avenue is limited by the funds available and will only go from 14th to 24th Street; we have looked at the situation at 30th Street and the island 10-30-62 176 in the middle of the Street must be redesigned and we are working on that at the present time. COUNCILMAN MORGAN asked if in the meantime we could put in a no left turn sign. CITY ENGINEER FOSTER stated probably that would be a good idea; there is a street just to the north and we could put it one way in, and out the other, for the time being; we will do something. Motion carried by unanimous vote. COUNCILMAN MORGAN stated he asked the City Manager previously about Fire Station No. 2 and we have not had a report regarding it. CITY MANAGER HESS stated we have discussed the matter with Port authorities as well as with Sen. Hugo Fisher; and it is apparent at this time there has been no commitment, nor is there any exact or definite pro- vision in S3 41 at this time as to what would be done. Mr. Hess said it is his understanding this will be a matter of negotiation between the Port authorities should there be a Unified Port District formed, and it would depend as. to the type of negotiations that would be con- summated between the Port Authority and the individual cities. There is no answer at this time because it has not been brought up nor has it been brought out by the people who have written the bill. VICE MAYOR ALLEN made a report on the Conference of the League of California Cities relative to the Sister Cities Session. There are 52 cities in the State of California that now have sister cities and there are more proposed. COUNCILMAN HART stated he has been questioned relative to a survey of employees regarding a pay raise. MAYOR GAUTEREAUX stated there will be one started on November 8th. Mr. Hart also questioned the ambulance service in the City. CITY MANAGER HESS stated he brought before the Council some three or four meetings prior and requested and received authority to have a resolution written and the Mayor signed the con- tract with the State for the compensation and classification beginning November 8th. With regard to the ambulance service, a new law went into effect, a State law, effective October 1, 1962, wherein any emer- gency vehicle which acts even in a dual capacity, such as an ambulance and patrol vehicle must meet certain specifications, and we found ours did not come up to these standards. We are now in the process of con- ducting a survey along with the City of San Diego and finding out what they have learned on a recent trip back East as to the type of vehicle that would be most conducive to this type of use. We are making emer- gency calls when the patient is a "sit up" patient. The ambulance, acting as an ambulance has not been in effect since October 1st. Moved by Allen, seconded by Hart, the City Attorney prepare a resolu- tion authorizing the Mayor to sign same and forward it to President Kennedy in commendation of his action taken on the Cuban situation. Carried by unanimous vote. 10430-62 177 Moved by Allen, seconded by Colburn, we request a contract with Para- dise Valley Hospital for the shelter and request the stocking of it. DEPUTY DIRECTOR OF CIVIL DEFENSE DeHAVEN was ?resent and read a report which stated the Federal Government has been responsible for the con- duct of the shelter survey's technical and engineering studies. Arrangements for use of buildings with shelter spaces is considered by the Federal Government as the responsibility of city and county governments. The California Disaster Office has provided the liason between the Federal Government field offices and the local government. Phase 2 of the Federal fall -out shelter program shows National City has in Paradise Valley Hospital space to shelter 120 people. Mr. Rice, Administrator of the Hospital has assured Mr. DeHaven and City Engineer Foster the Hospital is most anxious to participate in the National fall -out shelter program. Our only obligation is to transport the shelter supplies from the warehouse in San Diego to the Hospital; make a semi-annual inspection of the stocks in the shelter, care for and maintain the shelter stock supplies. The shelter stock consists of food, medicinal supplies and radiological monitoring instruments. The movement of these supplies can be accomplished by using City employees and City vehicles from the warehouse in San Diego located at the foot of 32nd Street. The States requirement is it cu. feet per person, or approximately 150 cu. feet. Storage space for these supplies is avail- able in the shelter or in the immediate vicinity. Rations weigh about 5 pounds per person. water drums will be filled with regular tap water. Mr. DeHaven said he would like to suggest we give serious con- sideration to enter into a license agreement with Paradise Valley Hos- pital for the use of the area. The program paper submitted by National City has been approved by the Department of Defense, Office of Civil Defense, Region VII. The approval constitutes authority for our juris- diction to participate in the contributions program; a matching fund program, personnel and administration expenses, student expense, and surplus property. The City of National City is among the first in the County to have an approved program paper. Motion carried by unani- mous vote. Moved by Allen, seconded by Hart, a resolution be drawn requesting Paradise Valley Hospital be used for a shelter. Carried by unanimous vote. COUNCILMAN MORGAN stated he attended the League of California Cities Conference but he did not register as he was sick the entire time. He had an appointment with the City Attorney at the Conference on Monday at 1:00 p.m. and went to Los Angeles Sunday evening and stayed until Tuesday. Mr. Morgan said he had only one meal while there; however, he took a hotel room that had been reserved for him, and the Council authorized them to go to the League of Cities Conference and expenses 10-30-62 178 be paid, and Mr. Morgan said he would like to have a ruling from the City Attorney if it would be in order for him to be reimbursed for his expenses. Moved by Gautereaux, seconded by Allen, Mr. Morgan be com- pensated for the expenses incurred during the time he was in Los Angeles. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. MAYOR GAUTEREAUX stated he would like the Council to consider a resolu- tion that will express our thanks to all the people who participated in Salute to the Navy days. It is quite evident it will be something that will be perpetuated, as has been in the past four years. We have a historical.value here'that should be preserved, and as to how this will be done, Mr. Gautereaux said he will have to get guidance from the Council. The individual who was chiefly responsible for Salute to the Navy idea being conceived was George Buell; and as Salute to the Navy is perpetuated each year we should have something recorded that actually identifies him as the man greatly responsible for instituting the idea. Moved by Alien, seconded by Colburn, the Mayor's recommen- dation as far as the resolution is concerned in regard to the people be approved. Carried by unanimous vote, Moved by Allen, seconded by Colburn, the commemoration of George Buell as the founder of Salute to the Navy be referred to the City' Manager for some consideration and perhaps come up with an idea that could be brought back to us. COUNCILMAN COLBURN suggested when this is completed a copy be sent to Mr. Buell's office in Sacramento. Carried by unanimous vote. VICE MAYOR ALLEN stated he thought it would be well to confirm whether Mr. Buell was in the Army or in the Navy. COUNCILMAN HART excused, Moved by Allen, a letter of appreciation be sent to all the contrac- tors who donated for the barbecue. CITY MANAGER HESS stated it had been done. VICE MAYOR ALLEN withdrew the motion. MAYOR GAUTEREAUX stated Mayor Dail of San Diego, who was President of our League, and has been serving in this capacity for the past year, did an outstanding job, and it was the Mayor's recommendation a reso- lution be drawn commending him on the work he did as President of the League of California Cities. Moved by Colburn, seconded by Morgan, the recommendation of the Mayor be approved. Carried by unanimous vote. COUNCILMAN HART present. COMMUNICATION FROM THE CITY OF POMONA was read, extending an invita- tion to participate in a two day work shop to be conducted in Pomona 10-30-62 179 on Friday and Saturday, November 16th and 17th. MAYOR GAUTEREAUX stated he believed this is something that could be beneficial to our community, and asked permission for the Director of Planning and him- self to attend the work shop. Moved by Alien, seconded by Colburn, the request be granted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan. Nays: None. Councilman Hart and Mayor Gautereaux abstained from voting. COMMUNICATION FROM UNITED STATES CONFERENCE OF MAYORS was read, rela- tive to the Cuban situation, and action taken. PROPOSED DIXIE LINE LUMBER COMPANY'S tidelands lease was presented. Moved by Morgan, seconded by Allen, we sign the lease with the Dixie Line Lumber Company, ATTORNEY CARSTENS stated a resolution has been prepared authorizing the execution of the lease, Councilman Morgan, with the approval of Vice Mayor Allen, withdrew the motion. Moved by Morgan, seconded by Hart, the resolution be read. Carried by unani- mous vote. RESOLUTION NO. 8227 was read, "RESOLUTION APPROVING LEASE". Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. COMMUNICATION FROM ASSEr.BLYHAN JANES R. MILLS regarding Proposition 23, was presented, and ordered filed by unanimous vote. REPORT OF CITY ENGINEER FOSTER AND CITY MANAGER HESS regarding hear- ing on Plaza Blvd., was presented. CITY MANAGER HESS reported it was taken care of last week. Moved by Allen, seconded by Hart, items 4, 5, 6, and 7, regarding request for refund of $25. performance bonds for Sidney M. Scheuerman; James R. Harvey, Sr.; D. C. Goodner; and A. D. Ehret, be approved, and the appropriate City officials be authorized to draw the warrants to make the refunds. Carried by unanimous vote, MINUTES OF CIVIL SERVICE COMMISSION meeting of October 17th were pre- sented. Moved by Allen, seconded by Colburn, Items 8 and 12 be approved, due to the fact Item 12 is contained in Item 8. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. MINUTES OP PARK AND RECREATION ADVISORY BOARD meeting of October 4th, were presented. COUNCILMAN MORGAN stated he thought the minutes should just contain the final conclusion on the subject, and not how they arrived at the conclusion. Moved by Alien, seconded by Morgan, the minutes be accepted and filed. COUNCILMAN MORGAN stated he would like the motion amended so the Council will notify the Board we are 10-30-62 180 just interested in the motions made. MAYOR GAUTEREAUX asked Vice Mayor Allen if he would consider that in his motion. VICE MAYOR ALLEN stated he thought it would be to the public interest not to. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux, Nays: Morgan. REPORT OF CITY TREASURER for period ending September 30th was presented, and ordered filed. APPLICATION FOR ON -SALE BEER BEVERAGE LICENSE by Fred DiBella, dba Ann's Cafe, 1524 McKinley Ave., was presented. Moved by Morgan, sec- onded by Hart, we protest this license under the authority we are sat- urated. Motion lost, by the following vote to -wit: Ayes: Hart, Morgan. Nays: Colburn, Gautereaux. Vice Mayor Allen abstained from voting. Moved by Colburn, seconded by Gautereaux, we accept the application and it be filed. Motion lost, by the following vote to - wit: Ayes: Colburn, Gautereaux. Nays: Hart, Morgan. Vice Mayor Alien abstained from voting. COUNCILMAN HART asked the City Attor- ney's ruling on an abstention. ATTORNEY CARSTENS stated in abstaining you are not voting for or against; it is just not a vote. Vice Mayor Allen stated he would rescind his second vote and vote to file the application. REPORT FROM LICENSE DEPARTMENT of new business licenses and changes in National City was presented, and ordered filed by unanimous vote. CITY MANAGER HESS stated he would like to refer back to Mr. DeHaven's report and hoped the Council understood the full import of the last paragraph whereby our program papers have been approved making us now available for matching funds, which seemed to cause some concern dur- ing budget time, and under existing conditions this would be a diffi='- cult time for administrative costs and other costs as applied to the Civil Defense program here. CITY MANAGER HESS stated the H. H. F. A. has accepted our five projects we submitted and has assigned them projects numbers, which does not mean they have given us the go ahead and allowed us matching funds; it means they have been accepted in their office and are being reviewed. MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SOUTH BAY IRRIGATION DISTRICT of October 2, 1962, were presented. CITY MANAGER HESS recommended the minutes be filed. Approved by unanimous vote. CITY MANAGER HESS stated with regard to the employee suggestion award program there were provisions therein where during two periods of the year the department head whose employees submitted the most suggestions during this particular week would be commended, Mr. Hess said during 10-30-62 181 the first period S. J. Gautereaux's department submitted the most sug- gestions, and Mr. .Hess said he has already forwarded to him his commen- dation for his interest in his employees concerning this program. COMMUNICATION FROM LIEUTENANT GOVERNOR GLENN M. ANDERSON relative to Proposition lA was read, and asked that careful consideration be given to this vital proposal. The communication was ordered filed by unani- mous vote, COMMUNICATION FROM STATE RECREATION COMMISSION was read, requesting National City give consideration to participating in what is known as an off host recreation for armed forces. CITY MANAGER HESS recommended we participate in the program and so notify the State. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS stated with relation to animal control, since the employing of an additional officer on a part time basis, he wished to present the following information: For the period of September 8th to September 27th, a period we did not have an auxiliary officer, we had a total of 37 dogs impounded; since we have the additional officer for the same number of days, October 8th to October 27th, we have impounded 74, or 100% increase. Dog licenses sold prior to having the additional employee were 45 and for the same period of time we have sold 104, an increase of 131%. Violations issued prior to the time of the addi- tional officer were 29, since his employment there were 127, or an increase of 338%. COMMUNICATION FROM GENERAL SERVICES ADMINISTRATION were read, advising us the old Post Office lot which the City has been leasing for $1.03 a year has been sold; the sale having taken place October 28, 1962. CITY MANAGER HESS recommended he be given authority to contact the new owner to find out if we can negotiate under the same circumstances as were handled before by the Post Office regarding the maintenance of the lot. Approved by unanimous vote. COMMUNICATION FROM MRS. JAMES STROUP, JR., 2030 E. llth Street was presented, Mrs. Stroup is complaining of the sanitation service; thought the citizens were not sufficiently notified there was going to be a change. The communication was ordered filed by unanimous vote. CITY MANAGER HESS reported he received a communication from R. S. Gordon & Company, and sometime ago they submitted to us a request for certain police reports relative to an accident and with it a 82.00 fee which is required. We later laarned they did not receive their report and are asking to be reimbursed for the $2.00, and it was the Manager's recommendation the City Treasurer be permitted to do so. Moved by 10-30-62 182 Alien, seconded by Hart, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. CITY MANAGER HESS stated during Navy' :eek for the festivities there were contributions given to the City by various contractors, monetary contributions as well as the beef, and after paying all bills we have a total of $56.05 balance. Mr. Hess said he found no provision by which we can dispose of the money in another way; he talked with the people who have been involved with the contributions and they have elected to allow the Council to dispose of the money any way possible. Mr. Hess said it would be his suggestion the $56.05 be turned over to the Sr. Citizens group, which operates at Kimball Park, to be spent by them for expendable equipment. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried by unani- mous vote. CITY MANAGER HESS stated a request has been received from the Salva- tion Army to establish kettles during the Christmas season; it was recommended by the City Treasurer, Chief of Police and himself it be granted. Mr. Hess suggested he be authorized to communicate with the Salvation Army and advise them their request has been approved. Approved by unanimous vote. CITY CLERK ALSTON reported she received a notice from the County Boun- dary Commission of the proposed annexation of Broadway No. 3 Annexa- tion to the City of Chula Vista, which was referred to the City Engin- eer, who replied the annexation is near the south City limits of Chula Vista and should not affect National City. The communication was ordered filed by unanimous vote. REPORT FROM THE PLANNING COMMISSION was presented, relative to appli- cation for zone change by L. T. Derr relative to the property at 32nd Street and "D" Avenue. DIRECTOR OF PLANNING STOCKMAN recommended the report be received, a public hearing be set for November 20th, and the Planning Commission report be considered at that time. Moved by Morgan, seconded by Hart, the recommendation of the Director of Plan- ning be approved. Carried by unanimous vote. REPORT FROM THE PLANNING COMMISSION was presented relative to the establishment of zoning on the Lischeid Annexation; and application for zone change signed by Jerry Harris relative to the property at the Northwest corner of 30th and "I" Avenue. DIRECTOR OF PLANNING STOCKMAN recommended the Planning Commission report be received, a public hear- ing set for November 20th and the Planning Commission report be con- sidered at that time. Moved by Morgan, seconded by Allen, the recommen- dation of the Director of Planning be approved. Carried by unanimous vote. 10-30-62 1 183 REPORT FROM THE PLANNING COMMISSION was read, relative to the tentative map for Sticky Subdivision, a fifteen lot subdivision south of Delta Street and east of S. 43rd Street. The Commission recommended accep- tance of the map with certain provisions enumerated in the report. Moved by Hart, seconded by Colburn, the Planning Commission's recom- mendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the agreement has been signed with the H. H. F. A. on the money for the preliminary planning on the City Hall; the architect has been notified of his authorization to proceed with the project, and we will continue on in an orderly manner with the preliminary planning for the establishment of a City Hall for National City. ATTORNEY CARSTENS stated it appears in the resolution which was read previously approving the Engineer's report and fixing a hearing date the timing of sending notices was rather short, the second day of November was set for sending notices; and the City Clerk has informed him with the amount of people involved in this particular 1911 Act it would be a bad deadline to meet; and recommended on that basis we be authorized to set the 6th day of November terminal date for giving notice and recommend a motion be made allowing the resolution to be amended accordingly. Approved by unanimous vote. MAYOR GAUTEREAUX recommended we ascertain from our Chamber of Commerce in determining what the City will have in the way of Christmas decora- tions, and if there is nothing planned we give consideration to this area. Moved by Allen, seconded by Colburn, the recommendation of the Mayor be approved. Carried by unanimous vote. MAYOR GAUTEREAUX stated on the initiative area there have been many questions asked of himself, the City Attorney, and, no doubt, the other members of the Council concerning the steps that have been out- lined by our City Attorney as to meeting the requirements of the initi- ative as provided in the State law; that Mr. Carstens give the proper wording for us to provide any interested party or parties interested for the first publication of intent to circulate petitions. Moved by Allen, seconded by Colburn, the recommendation of the Mayor be approved. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Morgan, Hart. MAYOR GAUTEREAUX stated the Council gave him approval for the appoint- ment of Ruben Rubio on the expiration of his term on the Civil Service enmmission, and with that approval, Mayor Gautereaux said he would appoint Ruben Rubio to the next term of office on the expiration of his present term on the Civil Service Commission. Approved by unani- mous vote. 10-30-62 184 Moved by Morgan, seconded by Hart, the meeting be adjourned until 1:30 p.m., Friday, November 2, 1962. CITY MANAGER HESS requested per- mission to be absent from the adjourned meeting as he had a previous engagement. Mayor Gautereaux so granted. Motion carried by unanimous vote. Meeting adjourned at 5:22 p.m. ATTEST: CITY CLERK OF NA ONAL CITY, CALI "+RN 10-30-62