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HomeMy WebLinkAbout1962 11-20 CC MIN204 National City, California, November 20, 1962 Regular meeting of the City Council 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, Foster, Hess, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by Mr. Alsdorf. Moved by Colburn, seconded by Allen, the minutes of the regular meet- ing of November 13, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. 8239 was read, "A RESOLUTION PROVIDING AN INTERCHANGE IN CONNECTION WITH FREEWAY DEVELOPMENT AND PEt ITTING THE CONSTRUCTION OP PLAZA BOULEVARD ACROSS FREEWAY". Moved by Alien, seconded by Hart, the Resolution be adopted, Carried by unanimous vote. CITY ATTORNEY CARSTENS stated the next resolution is in regard to a small piece of property which is required to be purchased by the City in order to construct Plaza Blvd. and now owned by Mr. Barber. Mr. Carstens said he understands the City Engineer and City Manager have successfully negotiated the purchase of the property and the resolu- tion is required to open the escrow. CITY MANAGER HESS stated they have been negotiating with Mr, Barber for several months, and finally arrived at a price of $2,000 which Mr. Hess said he offered Mr. Barber; if the Council is in agreement with the price we are prepared to go to escrow. Moved by Morgan, seconded by Colburn, we rescind the part of the motion previously made to have Mr. Barber's property appraised, if the resolution is adopted. Carried by unanimous vote. RESOLUTION NO. 8240 was read, "RESOLUTION AUTHORIZING PURCHASE OF PROPERTY AND EXECUTION OF ALL REQUIRED DOCUMENTS". Moved by Morgan, seconded by Colburn, the Resolution be adopted. MAYOR GAUTEREAUX asked if there were any other concessions made to Mr. Barber in respect to any abutting property such as Paradise Drive or any other areas. CITY ENGINEER FOSTER stated we agreed to set his front lot corners. Carried by unanimous vote. RESOLUTION NO. 8241 was read, "A RESOLUTION AUTHORIZING PLACING OF ADVERTISING SIGN AND AUTHORIZING MAYOR TO EN 'ER INTO INDEMNITY AGREE- MENT". Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8242 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED HEREIN AND DESIGNATED 'LINCOLN COURT ANNEXATION', AND GIVING 11-20-62 205 NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO". Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8243 was read, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (VAN NESS AVENUE ANNEXATION)". Moved by Alien, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8244 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED H:,REIN AND DESIGNATED 'MONTGOMERY ANNEXATION", AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO". Moved by Colburn, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , an ordinance presented for the first reading, ORDINANCE NO...., an ordinance relative to Alta Drive Annexation was and read in full. amending Ordinance No. 962, was pre- sented for the first reading, and read in full. HEARING ON ZONE CHANGE ON LISCHEID ANNEXATION was establish an R-4 Multiple Family Residence Zone. reported she received no written protests, and no this regard. Moved by Allen, seconded by Morgan, held at this time to CITY CLERK ALSTON one was present in the hearing be closed and referred to the City Attorney to continue to establish the zoning in the annexation. MAYOR GAUTEREAUX asked if we had a recommendation from the Planning Commission. DIRECTOR OF PLANNING STOCKMAN stated the Commission recommended the zoning be established on Lischeid as R-4. Carried by unanimous vote. HEARING ON ZONE CHANGE FOR JERRY HARRIS from an R-4 Multiple Family Residence Zone to a C-3 Commercial Zone for property located at the Northwest corner of 30th Street and "I" Avenue, was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in this regard. Moved by Allen, seconded by Hart, the hearing be closed and referred to the City Attorney to continue with the zoning. DIRECTOR OF PLANNING STOCKMAN stated the Commission recommended the application be approved. Carried by unanimous vote. HEARING ON ZONE CHANGE REQUESTED BY MR. DERR from a C-2, Limited Com- mercial Zone to an M-2, Light Manufacturing Zone on the northerly one- half of the westerly one -quarter of 10 Acre Lot 16, Quarter Section 151. CITY CLERK ALSTON stated she received no written protests. MR. HEFLIN, 3145 "D" Avenue, was present, and stated he owns the property adjoining Mr. Derr's on the north and he felt the Planning Commission established the C-2 Zone as a buffer and he would like to have it 11-20-62 206 remain as is. L. T. DERR, 11011 Fuerte Drive, La Mesa, was present, and stated he based his request for an appeal of the Planning Commis- sion's decision on the grounds the Commission did not have all of the facts at their disposal when they made their decision in October in denying his zone application. Mr. Derr presented a petition which con- tained 16 signatures requesting a zone change from the present M-2 and C-2 Zones to M-2-A Zone. Moved by Morgan, seconded by Hart, the peti- tion be read. MAYOR GAUTEREAUX read the petition. VICE MAYOR ALLEN requested the recommendation of the Planning Commission be read. REPORT FROM THE PLANNING COMMISSION was read and the Commission recom- mended denial of the zone change. VICE MAYOR ALLEN asked if we have received an easement from Mr. Derr for a sewer across the property. CITY MANAGER HESS stated we do not have it. Moved by Alien, the recom- mendation of the City Planning Commission be denied and Mr, Derr receive the zone as requested. MAYOR GAUTEREAUX stated the hearing is still open. Moved by Allen, the hearing be closed. MAYOR GAUTEREAUX asked if anybody else would like to be heard at this time. COUNCILMAN COLBURN asked Mr. Derr if his request was for M-2 Zoning or M-2-A Zoning. MR. DERR stated they are requesting M-2-A Zoning. CITY CLERK ALSTON stated the notice was advertised as M-2 Zone and the Planning Commission also advertised it as M-2 Zone. DIRECTOR OF PLANNING STOCKMAN stated the Government Code does permit the Council to go to a more restricted zoning than what was advertised; the M-2-A is a more restricted zoning due to the fact of the setback requirement. Mrs. Stockman stated Mr. Derr would not be permitted to go to M-2 Zoning for the entire parcel of land he owns at this time; the Council can act only at this time on the C-2 Zone without referring it back to the Planning Commission and it would have to go to a legal publication for the entire piece of property and have another hearing set, Mr. Derr would not be entitled to have the entire property zoned M-2-A zoning at this time. MR. DERR stated he felt the property would be better under the M-2-A Zoning, it would be more uniform in the entire valley and it would assure all the residents to the north of a ten foot planted strip landscaped and maintained. Mr. Derr said he would like to take whatever course is necessary to see it does arrive at a M-2-A Zone. Mr. Derr said if the Council wishes to zone the small strip, the present C-2 Zone, M-2-A, and leave the M-2 on the balance it will be satisfactory to him. MAYOR GAUTEREAUX spoke against the request of change of zoning for Mr. Derr. Moved by Allen, seconded by Hart, the hearing be closed and the recommendation of the Planning Commission be denied; that Mr. Derr have the M-2-A Zone he has requested on the particular portion of his property that is now C-2, contingent on the fact we have the easement for the sewer. Carried, by the 11-20-62 207 following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan. Nays: Gautereaux. ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF NATIONAL CITY REGU- LATING GRADING, EXCAVATIONS, FILLS AND v ATER COURSES, AND REPEALING ORDINANCE 337", was presented for the first reading and read in full. ATTORNEY CARSTENS stated in regard to the questions raised by City Clerk Alston requesting an opinion in regard to the use of Harbor Funds in view of the recent election establishing a Port District. A written opinion has been given to Mrs. Alston and copies to the City Manager outlining the procedure he would recommend be followed in handling these funds. Mr. Carstens stated it is his opinion, after discussing the matter with the City Attorney of San Diego and the other City Attorneys of the cities involved, it is basically an accounting problem. In effect all the tidelands which we now have are held in trust, at least before November 6th they were held in trust and the Port District also holds these lands in trust for the people of the State of California. The procedure problem of how these tidelands and funds, etc. will be transferred to the Port District, as soon as it is set up. Mr. Carstens stated the substance of the opinion he gave the City Clerk was to the effect a strict accounting be kept and continue the procedures now used by handling the monies in the Harbor Fund, that a strict accounting be kept as of November 6th, what came in before and what came in after. Mr. Carstens stated it is his opinion all monies in the Harbor Fund Jouid have to be turned over to the Port District, inasmuch as any money derived from the tidelands had to be put back into the tidelands; therefore, the City has no right to any of these monies in any event. Since we had to use the monies before November 6th for the tidelands it would seem the monies would always have to be set aside for the tidelands; therefore, any monies we have in the Harbor Fund would also have to be turned over to the new District. There is no law on it, the Statute gives no guid- ance, but to be on the conservative safe side it would be his recom- mendation the Harbor Fund be kept entirely separate, as it has in the past, and the only problem we have now, if there is a problem, is a matter of accounting where the monies come from and where they go. Mr. Carstens stated he sees no problem in continuing to pay the usual expenses of the firemen, policemen, etc. providing these monies are used for the maintenance of the tidelands. There seems to be no prob- lem as long as we keep an accounting and the Council and the adminis- tration in good faith is doing everything possible to separate these funds from the general fund and other funds of the City. COUNCILMAN HART excused. 11-20-62 208 MAYOR GAUTEREAUX stated the legal opinion rendered, the District is not formed until such time as the vote has been canvassed and certi- fied by the Registrar of Voters and the injunction that was held yes- terday by the Superior Court of San Diego which prohibited the County Registrar of Voters to certify the canvassing of the votes pending the day in Court the City of Coronado will have on the 14th day of January, would not place us in a position this District has not been formed and we would have the same administrative responsibilities, until such time as this District is formed and certified; and asked the Attorney if that would not be correct. ATTORNEY CARSTENS stated there has been an injunction which was issued yesterday by Judge Glenn in Superior Court, and it is a preliminary injunction only and the actual determination of the Substance was set for trial January 14th. Because there is no guidance, it would be the City Attorney's recom- mendation we be no less strict now than we will be at any later time. Mr. Carstens stated from his observation of the accounting procedures here there is no real problem because there is a good accounting by the administrative agencies involved as to these funds. Mr. Carstens said his recommendation is to continue the procedures which have been in effect so when, and if, the District is set up and we are held accountable as of whatever date it may be, we will be able to go back to our record and say "this is it." So long as we keep good records and these funds are continued to be used only for tidelands, there should be no problem. Business must go on as usual, and it would be an unwise decision to sit back and be afraid to do anything; this is the time when you have to use your common sense and go ahead and do what has to be done. MAYOR GAUTEREAUX stated he wished to emphasize we could be held accountable for ommission as well as commission, and the actual status is there is no change; we are still just as respon- sible for the tidelands as when they were first given to us in trust. CITY ATTORNEY CARSTENS stated he received a communication today from the County Counsel's office relative to the injunction against the Board of Supervisors and the Registrar of Voters. The communication stated regarding the City of Chula Vista, et al vs Charles J. Sexton, et al, Superior Court No. 268135, the Superior Court on November 19, 1962, granted a preliminary injunction to the City of Coronado restrain- ing the Registrar of Voters from certifying the results of Proposition "D" on the formation of the San Diego Unified Port District to the Board of Supervisors, and restraining the Board of Supervisors from declaring the results of the election and from declaring the District formed. The Registrar of Voters and the members of the Board of Super- visors, who are named defendants in the suit have an interest in the action only to the extent that the procedures required by the San Diego 11.20-62 209 Unified Port District Act are complied with. The other matters are primarily the responsibility of the cities which will comprise the District. The Board of Supervisors and the Registrar of Voters have no legal interest in the disposition of the tidelands which are held in trust by the cities. It was suggested consideration be given to taking some active part in the litigation to protect whatever interest the City may have in the formation of the District. The proceedings are set for trial on January 14, 1963, and no further proceedings are contemplated from the County Counsel's office until that date. Moved by Allen, seconded by Colburn, our City Attorney keep in contact with this particular thing, and when it becomes necessary, if we are to take the stand that we have had before, he be authorized to represent us at any time in the future that it would be necessary. ATTORNEY CARSTENS stated he learned from the City Attorney's office of San Diego the City Council of San Diego yesterday authorized the City to intervene in the law suit. Presently the suit is against the Board of Supervisors and the Registrar of Voters, but the interested cities can come in and intervene as interested parties. VICE MAYOR ALLEN stated that was the intent of his motion, for the City Attorney to follow up, so he has the authority to represent the City in any way we have voted previously. ATTORNEY CARSTENS suggested we discuss it again with the other cities, see what their feeling is and what the course of action may be, and then come back with a recommendation to the Council. Mr. Carstens stated it is his understanding Imperial Beach and Chula Vista are withdrawing, so the City of Coronado is the only remaining party. MAYOR GAUTEREAUX stated in attending the Board of Directors of the League of California Cities yesterday, Mayor Seavey, of Coronado, was present at the meeting and informed the Board of Directors they were successful in obtaining an injunction, and it was expressed by him the things Coronado felt they were losing was the reason they had filed the injunction. It is particularly important tb each of the cities if we look at it in regard to what we are giving up. It is quite evident the City of Coronado is trying to find them- selves in a favorable position at the convening of the State Legisla- ture in January to be in a position with this type of leverage to get the Legislature to amend, make concessions or give them an opportunity to get out of the formation of the District, an amended legislation prior: to the time the case is adjudicated. Mayor Gautereaux stated we have a real responsibility here of doing everything we can do in our legal representative to help defend the suit and bring about the formation of the District. VICE MAYOR ALLEN stated he would like to add, if the majority feel we should, send a resolution to our Legisla- tors, to this effect, when it convenes in January. Motion carried, by 11-20-62 210 the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Absent: Hart. CITY ATTORNEY CARSTENS reported Kenneth C. Gragg has applied for a license to act as an auctioneer and has forwarded the necessary bond, and recommended it be filed. Approved by unanimous vote. ATTORNEY CARSTENS reported he received a copy of Notice of Hearing of the application of the San Diego Gas & Electric Company, in regard to their electric generating Plant Unit No. 3 at South Bay Power Plant. The hearing is set for Thursday, December 27th. There is no action to be taken, as it is information. The notice was ordered filed by unanimous vote. ATTORNEY CARSTENS stated the escrow relative to the Acme Chevrolet has been closed and the City has received the funds from Acme Chevrolet. The City did receive in the neighborhood of $3,600 more than what wa' originally bid, due to the fact the City Engineer made a survey of the property and learned there was more acreage than was originally antici- pated. Moved by Allen, seconded by Colburn, the report be filed. Carried by unanimous vote. Moved by Allen, seconded by Morgan, we ask the City Engineer to check with the Division of Highways and see if the interchange at either 8th, 9th, or 10th Street is exactly what they think is best at this time due to the fact Plaza Blvd. is to open to the east, and whether a recommendation to change would be for the best interest of the City. COUNCILMAN COLBURN asked if the City Engineer would check whether they will change the on and off ramp, what we could do to have traffic diverted to either loth or 8th. Carried by unanimous vote. COUNCILMAN MORGAN stated he would like the Park Supt. and City Manager to explain to John Roark the status of the trees south of his place of business, as they block his sign. CITY MANAGER HESS stated it was called to the City's attention and put on the schedule for the Park Dept.; however, we only have a certain period of time concerning ger- mination of grass, etc. and it seemed to be of some urgency to have some of the various parks and ball fields seeded which required man power as well as the removal of the trees. The planting has taken precedent because of the time of the year. The removal of the trees has been scheduled and they will be removed as will the other trees. MAYOR GAUTEREAUX requested the City Manager to follow through. MAYOR GAUTEREAUX reported the Director of Planning, Mrs. Stockman, and himself attended the Mayors' work shop mall in Pomona last Friday and Saturday and enjoyed a most enlightening work shop for the City of Pomona shared with all the Mayors and interested people of the United 11-20-62 211 States, and others, a project they completed within the communicy, a redevelopment of the district through the mall development. Mayor Gautereaux stated it is a real living testimony as to what a city can do in remending a heart of a city when legislatures are determined to work together; and he felt he got a lot of information on it that can be of benefit to our particular city when the time comes. Mayor Gautereaux stated it was an outstanding example of the greatness of our country and the sharing of ideas, and he would recommend a reso- lution be adopted by this Council and thank Mayor Baker and the Coun- cil of Pomona and the other people responsible for putting on the work shop; a resolution of appreciation for what they have shared and the accomplishment they have made .in the City of Pomona. Moved by A11::'1, seconded by Coiburn, the recommendation of the Mayor be approved, and t.e City Attorney be instructed to prepare a resolution thankino Myor Baker and the City Council of Pomona in appreciation received by oo.w: Mayor and Director of Planning in regard to their efforts in showing what can be done. Carried by unanimous vote. MAYOR GAUTEREAUX stated he thought the Council should set a policy as to what we are going to do with our City owned property, the area he is particularly concerned is the M-2 zoned property. We have many people who are inquiring as to obtaining City owned property, either by purchase or lease, and there should be some policy set as a guide line to our City Manager. Mayor Gautereaux stated he believes the M-2 property should not be disposed of, and we set a policy this property only be leased. As far as the C and R-4 properties, which are the major portions of the lands we awn, could be best served in returning them to the tax rolls at such time an offer for purchase is made. COUNCILMAN MORGAI, Chairman of the Real Estate Committee, set a meet- ing for Monday, November 26th at 10:00 a.m. to discuss the matter. MAYOR GAUTEREAUX stated he would like to discuss the appointment of our Port Commissioners. Mr. Gautereaux said he received the one com- munication last week nominating Mr. Freeman as a nominee; had verbally submitted to him the name of Ed Ingalls, who is a member of the Ele- mentary School Board, and also the name of Larry Ruehle, and asked if any of the Council members have any additional names that have been submitted to them for consideration for this appointment, and by what means the Council would want the appointment made, with recommendations for appointment, or an executive session. VICE MAYOR ALLEN recommended we go into an executive session with all names as recommended and inter• view the people involved. MAYOR GAUTEREAUX stated he would recommend if there are any people the Council would like to consider we adjourn our next meeting, which is a night meeting, and have an executive 11-20-62 212 session and interview the people at that time. Moved by Colburn, sec- onded by Allen, the recommendation of the Mayor be approved. Carried by unanimous vote. MAYOR GAUTEREAUX asked that any coverage given should state anyone interested who wishes to be considered, contact one of the Council members. VICE MAYOR ALLEN stated at the request of the Mayor he cut the ribbon at 4:15 p.m. for the new business at 16th and Highland. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Trust & Agency Fund Payroll Fund TOTAL Moved by Allen, seconded by Colburn, and warrants ordered drawn for same. $ 14,170.89 2,475.08 677.00 4,857.19 220.82 200.00 53,016.73 $ 75,617.71 the bills be approved for pay sit Carried, by the following vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux, Nays: None. Absent: Hart. RESOLUTION NO. 8245 was read, authorizing the payment of $1,017.00 to Leo Delgado, for applied composition shingles as per contract for Com- munity Center Building, from the Capital Outlay Fund. Moved by Colburn seconded by Allen, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent; Hart. COMMUNICATION FROM NEW ENGLAND INDUSTRIES, INC., regarding community antenna T. V. system, was presented. CITY MANAGER HESS stated he drafted a letter to the New England Industries, Inc. relative to their inquiry concerning closed circuit T. V. in National City. Moved by Alien, seconded by Morgan, the action of the City Manager in regard to the referral be approved. Carried by unanimous vote. APPLICATION FOR TRANSFER OF OFF SALE BEER AND WINE LICENSE by Speedee Mart No. 66, 2335 Highland Ave., was presented. Moved by Alien, sec- onded by Colburn, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Absent: Hart. COMMUNICATION FROM METROPOLITAN WATER DISTRICT regarding payment by City for fiscal year 1963-64, was presented. Moved by Allen, seconded by Colburn, the communication be filed. Carried by unanimous vote. NOTICE OF HEARING at 10:00 a.m., December,12th regarding Pacific Tele- phone & Telegraph Company, was presented. Moved by Allen, seconded by Morgan, it be referred to the City Attorney and City Manager, if he is 11-20-62 213 interested in it, to research it and find out where we sit with this, and why, and if necessary and we are involved, give the City Attorney the authority to represent us in case it is necessary, at the Los Angeles meeting. Carried by unanimous vote. RESOLUTION FROM CITY OF LONG BEACH opposing legislation for use of partisan political labels by Municipal candidates. Moved by Allen, seconded by Morgan, it be acknowledged by the City Clerk to the City Clerk of Long Beach that it has been received and this particular resolution be referred to our City Attorney to have a resolution pre- pared for this City that would apply to the City based on the resolu- tion supporting the Long Beach resolution. Carried by unanimous vt1>.. Moved by Alien, seconded by Morgan, the minutes of the Park and R, tion Advisory 8oard1s meeting of November 1st be filed. Carrie; unanimous vote. Moved by Alien, seconded by Colburn, the minutes of the Library Board be accepted and filed. Carried by unanimous vote. REFUND of $25.00 to M. E. Sumpter was presented. Moved by Allen, sec- onded by Colburn, the refund be approved and the necessary officials be authorized to draw the warrants for same. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Absent: Hart. CITY CLERK ALSTON announced the meeting of the League of California Cities meeting, Friday, November 23rd. CITY MANAGER HESS stated we have received a request from Robert A. Bradt, the architect on the Community Center Building, for final pay- ment in the amount of $2,389,68, and in view of the fact the building was accepted over thirty days he would recommend it be approved, and a resolution prepared for the next meeting to approve it from the Capital Outlay. Moved by Alien, seconded by Colburn, the recommenda- tion of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: None. Absent: Hart. Councilman Morgan abstained from voting. COMMUNICATION FROM CALIFORNIA WATER & TELEPHONE COMPANY addressed to the City Manager, was read, stating the City of National City recently acquired a portion of the Subdivision of National Award Homes Unit #2, included in the acquisition are the existing water maim and services within the street right of way of "U" Avenue, 1st Street to 4th Street, 2nd Street east to "U" Avenue and 3rd Street east to "U" Avenue. Last week the Dark Department requested a service on the west side of "U" Avenue between 2nd and 3rd Streets. The main in this area has been severed from the facilities of the California water & Telephone Co., 11-20-62 214 and delivery cannot be made at this point, Park Supt. went over the situation with the writer of the communication in the field and it appears the best way to secure adequate service to the entire park area mentioned above is for the City to deed to the eater Company the 8 inch water main in "U" Avenue between 1st Street and 4th Street; this solution will allow water to be delivered to the City at a number of places in addition to the one mentioned above with a minimum cost to the City and to California Water & Telephone Company. CITY MANAGER HESS stated it is of no benefit to the City to own these water mains, if we own them we must maintain them, and if we deed them to the Water Company they in turn will maintain them. For us not to deed them over to the 'vuater Company and get the necessary water we need to use on the ball field and existing area in the park, it will be quite costly to u-; it was the recommendation of the City Manager authority be given to himself and Mr. Carstens to work with California Water & Telephone Company to prepare the necessary documents to deed to the Water Com- pany this water main in "U" Avenue. Moved by Allen, seconded by Colburn, the recommendation of the City Manager be approved. Carried by unanimous vote. COMMUNICATION PROM SAN DIEGO WHOLESALE CREDIT MEN'S ASSOCIATION rela- tive to E-Z Set Windows, Inc., 1440 Tidelands, National City, was pre- sented. CITY MANAGER HESS stated E-Z Set is one of our lessees and they are indebted to us in the amount of $8,517.38, and it was his recommendation it be turned over to the City Attorney to follow up. with the San Diego Illolesale Credit Men's Association to find out the manner in which we can proceed with E-2 Set Windows, or the creditors in order to try and recoup the money. Moved by Allen, seconded by Colburn, the recommendation of the City Manager be approved, and the information be turned over to the City Attorney for further pursuance. Carried by unanimous vote. COMMUNICATION FROM FRANK W. DE VORE, LAND DEPT. OF SAN DIEGO GAS & ELECTRIC COMPANY was read, stating in the normal course of serving customers within the City of National City the San Diego Gas & Elec- tric Company must from time to time install its facilities in unim- proved areas, which without the help of Mr. N. S. Biggs would no doubt develop into a relocation problem at a later date. These relocations are costly to the Company and to the customer; and extended their thanks and appreciation for the fine cooperation extended by Mr. Biggs. CITY MANAGER HESS recommended authority be given to him to place a letter in Mr. Bigg's personnel file expressing the gratitude of the Council for his cooperation. Moved by Morgan, seconded by Alien, the recommendation of the City Manager be approved and the letter.acknow- ledged. Carried by unanimous vote. 11-20-62 215 CITY MANAGER HESS stated after conducting a survey he feels it would not be feasible to actually install a cornice on the Community Building as it would require a great deal of cutting into the stucco work, and recommended we continue with the original plan outlined by Mr. Hart and install the facia board as opposed to the cornice. Moved by Allen, seconded by Colburn, the recommendation of the City Manager be approved. MAYOR GA.UTEREAUX questioned whether the facia board would dress it up. MR. HESS said be did not think it would be feasible as far as cost is concerned, and they could never tie it in with the new addition. After further discussion, Vice Mayor Allen withdrew the motion. Moved by Morgan, seconded by Colburn, we turn this over to the City Manager for further study; and study of cornice compared with facia.board on Vie Community Building and come back with his recommendation. Carried b'; unanimous vote. CITY MANAGER FIESS stated the next matter of business involves one of our lessees, Tarter, Webster & Johnson. Their property fronts on Tidelands Avenue; however, there is a triangular piece of land between Tide3 ands and the property leased by Tarter, Webster & Johnson and the property, which contains 10,832 feet, is owned by Mr. Fessman and he could at any time deny access to the area we have leased. There are several things to be considered, first whether or not this is actually part of the tidelands area, or whether the City actually owns it in fee. Mr. Hess said he would like to refer it to the City Attorney to have him research and determine whether or not the City actually does own the property, or if it is a portion of the tidelands. Then we can come in with a recommendation as to how we can deal with Mr. Fessman, The recommendation would be, if the City does own it, we would negotiate with Mr. Fessman for either a trade for that particular piece of property %r some other portion of land owned by the City, and Mr. Hess said he talked with some people at Tarter, Webster & Johnson and they would be willing to include this land we might acquire into their entire lease. However, if the City does not own the land, and it is part of the tidelands it is a matter which will have to be resolved by the Unified Port District. Moved by Morgan, seconded by Allen, the recommendation of the City Manager be approved. CITY MANAGER HESS said he would like to include the City Engineer and the City Attorney. The motion was amended to include the City Engineer. Carried by unanimous vote. CITY MANAGER HESS stated the next item involves a piece of property located at 1408 Highland Avenue, and the City Engineer's office has informed him the matter concerns a Mrs. Schmidt who resides at that address. Mrs. Schmidt is calling our attention to the fact she is 11-20-62 216 losing access to her garage and rear yard due to a retaining wall con- struction on property to the north of her property. She has informed the City Engineer's office there is a law that provides a parcel of land becomes public right of way after being used as a street for seven years or more. Mr. Hess stated we have done some preliminary research, but he would like to refer it to the City Attorney for his decision as to the seven year law. Approved by unanimous vote. CITY MANAGER HESS stated we have had previous discussion relative to Clarence E. Morris, Inc., building contractor, relative to the subdi- vision acceptance and there was discussion as to the installation of trees. We have negotiated with the subdivider and received two checks, one in the amount of $306 which will cover the cost of the trees, and .other check in the amount of $423.96 for the installation of the -c,s. We have their money and have agreed to buy the treesand plant using City labor. Mr. Hess stated he feels they have complied wzth their obligations and the subdivision -should be accepted, Moved by Cc.1burn, seconded by Morgan, the recommendation of the City Manager be , rproved. Carried by unanimous vote. CIT/MANAGER HESS stated several weeks ago he referred to the Council a matter relative to the fact a Mr. Wald of Beverly Hills had purchased the property located between 9th and 10th Streets and "A" and "B" Avenues which is being used as a parking lot. Mr. Hess said he com- municated with Mr. L{Jald, upon authorization of the Council, to ascer- tain whether he would continue the same sort of agreement we had pre- viously as to the rental, which was $1.00 a year. Mr. Laid replied, stating they are not in a position to rent the lot on the basis the United States Government rented to the City. No consideration has been given as to the rental of the property. If the City would be willing to make him a reasonable offer to rent it for a parking lot he would give it consideration. CITY MANAGER HESS stated he had no recommendation. Moved by Alien, seconded by Morgan, a copy of the correspondence from the City Manager to Mr. Wald, and a copy of the communication from Mr. Wald be presented to the Downtown Merchants Association. COUNCILMAN COLBURN asked when our contract expires. CITY MANAGER HESS said the contract expired as of October 2nd. COUN- CILMAN COLBURN said he thought authorization should be given to have the sign removed. Carried by unanimous vote. CITY CLERK ALSTON reported she was served this morning with a Summons in regard to City of National City as defendant, and some members of the Police Dept. as plaintiffs, relative to their overtime pay. Mrs. Alston stated she referred a copy to the City Attorney, and stated she would like her action ratified. Moved by Allen, seconded by Colburn, 11.-20-62 217 it be referred to the City Attorney. ATTORNEY CARSTENS stated the summons requires that action be taken within ten days, and would request the Council authorize appropriate action be taken to answer the Summons with the necessary pleadings. COUNCILMAN MORGAN asked if the motion could not include the Attorney be authorized to act in response to the summons. VICE MAYOR ALLEN, with the approval of Coun- cilman Colburn, amended the motion to include authorization for the City Attorney to act in response to the summons. Carried by unanimous vote. Moved by Allen, the City Attorney notify them he will not appear. ATTORNEY CARSTENS Mated this is a complaint for an accounting; there are 32 plaintiffs, and a cause of action for each plaintiff, and they are requiring that the City furnish records as to how much overtime 1,-1c.; been put in by each employee and how much money would be due and F:`:": ag on account of the overtime. If no appearance were made and a c q:auit judgment were entered the City would still have to furnish the accounting; and they are also asking that the Court render judgment fcr rIt-atever amount the accounting shows. VICE MAYOR ALLEN asked what wcu fl happen if the City Attorney did not appear. ATTORNEY CARSTENS st^ d if there were no appearance made on behalf of the City, the plaintiffs could move for a default judgment and a judgment would be reran. red; and the judgment would probably order the City to fuxr:ish an accounting as to hours and as to amounts of money, and then asc.uming the accounting was approved it would also order the City to p=v those amounts of money as are approved. There has been no court determina- tion as to whether or not these monies are due and owing. As far as the records go they have already been furnished their attorney; it is a legal question as to whether or not, in spite of the fact there was overtime, they are still legally entitled to the money. Motion died for lack of a second. ATTORNEY CARSTENS stated what he would recommend is that he be given an opportunity to review the complaint, determine whether or not there are legal grounds for opposing, report to the Council and decide what action they wish to take. Mr. Carstens said he is also asking for authority to appear and give him authority to negotiate with the other attorneys, ask for extensions if necessary. Moved by Alien, seconded by Colburn, in conjunction with the other motion, the request of the City Attorney be approved and the informa- tion be brought back to the Council as to just exactly what it will involve legally. Carried by unanimous vote. CITY ENGINEER FOSTER stated last week he had a call from the City Coordinating Engineer of the Division of Highways and he informed Mr. Foster our plans and estimate on National Avenue from 14th to 24th Street had been approved. Mr. Foster stated they have prepared the material for the advertising of the job and expect to open bids on 11-20-62 218 December 10th; and requested the City Clerk be authorized to advertise for the Improvement of National Avenue. Moved by Morgan, seconded by Allen, the recommendation of the City Engineer be approved, Carried by unanimous vote. CITY ENGINEER FOSTER stated last Friday he was invited to appear before the Streets and Highways Committee of the Chamber of Commerce, and he gave a brief resume on what the City had done last and what we expected to do next year. REPORT FROM' THE PLANNING COMMISSION was read, recommending the R-2 Zone be established on Zoll Annexation; and to adopt the Ordinance <;nd Resolution No. 41 of the Planning Commission covering the establish- ment of the R-2 zoning on Zoll Annexation. Moved by Allen, second by T~ 'rgan, a public hearing be set for December llth for the zoning cif i 1 Annexation, and the report be accepted. Carried by unary .moos D1.;.t.cT')R OF PLANNING STOCKMAN stated the Council took action today resive to the crosstown freeway; the thinking of the Commission was th 'th Street was not a proper street for north bound traffic to go of.A. :17om due to the recently adopted master plan by the City of San which does extend 8th Street as a major street all the way thi:ough to Sweetwater Road in Spring Valley; also their plan dv^s include Plaza Boulevard going northeasterly of Paradise Valle; to Skyline Drive in Spring Valley, and the Commission thought the north bound traffic should be directed to one of those major streets, which they recommended three years ago and the Council did act on it. COUNCILMAN MORGAN stated the Manager and Trainer of the Sweetwater Football Team, James Hammond, has been selected as the best manager and trainer in the United States. Moved by Morgan, seconded by Allen, a resolution be prepared congratulating Mr. Hammond for being the best trainer and manager in the United States. Carried by unanimous vote. VICE MAYOR ALLEN stated he spoke to Mayor Gautereaux about the pos- sibility of having students take our place one day, and there seems to have been a misunderstanding about it, and he thought they should all get behind the Rotary Club and see that it is done. Moved by Morgan, seconded by Colburn, the authorize Vice Mayor Allen to follow through with the program. Carried by unanimous vote. ATTORNEY CARSTENS reported we received from Kenneth H. Golden Company an assignment relative to the Improvement of Grove Street from 16th Street to 18th Street, and recommended it be filed with the City Clerk.. Approved by unanimous vote. 11-20-62 219 ATTORNEY CARSTENS stated it has been brought to our attention two of the Resolutions which were read today contained a typographical error, the date reading "January 8, 1962" instead of reading "1963" and recom- mended they be authorized to make the appropriate changes in the Reso- lution in regard to "Montgomery Annexation" and the one in regard to "Lincoln Court Annexation" and the minutes also be amended. Approved by unanimous vote. Moved by Morgan, seconded by Colburn, the meeting be closed. Carried by unanimous vote. Meeting closed at 4:28 p.m. AT'_ .. ;T : CITY CLERK 11-20-62