HomeMy WebLinkAbout1962 04-17 CC MIN332
National City, California, April 17, 1%02
Regular meeting of the City Council was called to order by Mayo Hart
at 1.30 p,.m.. o'clock. Council members present: Allen, Hollingsworth,
Morgan, Reid, darts Council members absent: None.
ADMINISTRATIVE OFFICIALS present: Alston, Biggs, Bird, Curran, Foster,
eauuereaux, Rekgert, Kerr, Stockman.
The meeting was opened with pledge of allegiance to the Flag by City.
Manager Bird, followed with invocation by Elder Robertson of the Para-
dise`Valley Seventh Day Adventist Church.
Mod by Reid, seconded by Morgan, the minutes of the regular meeting
of April 10, 1962, be approved. Carried by unanimous vote.
BILLS AUDITED BY THE FINANCE COMMITTEE presented:
-General Fund
Traffic Safety Fund
Park Fund
Retirement Fund
Harbor Fund
Gas Tax Fund
Trust & Agency Fund
Special Street Fund
Drainage Fund
Park Construction Fund
$ 21,560.35
576.70
905.51
4,998.32
166,06
10,110.22
50.00
1,821.57
6,178.22
17.47
TOTAL . . . , $ 46,384.42
Moved by Morgan, seconded by Reid, the bills be approved for payment,
and warrants ordered drawn for same. Carried, by the following vote
to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None.
RESOLUTION NO. 8098 was read, authorizing and 4pproving the expendi-
tures of the sums set forth from the Capital Outlay Fund: PACE CON-
STRUCTION COMPANY, $14,391.45, payment on contract for Sewer Construc-
tion in and near San Diego Freeway; LEE J. MORGAN, $11,636.10, pay-
ment on additions and Alterations to Community Center Bldg. Moved by
Alien, seconded by Reid, the Resolution be adopted. Carried, by the
following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays:
None. Councilman Morgan abstained from voting.
The canvass of the official ballots of the General Municipal Election
held April 10, 1962, was held at this time.
RESOLUTION NO. 8099 was read, "DECLARING THE RESULT OF THE GENERAL
MUNICIPAL ELECTION HELD IN THE CITY OF NATIONAL CITY, CALIFORNIA, ON
THE 1OTH DAY OF APRIL, 1962".
WHEREAS, a General Municipal Election was held and conducted in the
City of National City, California, on the-10th. day, of April, 1962, as
required by law; and
4/17/62.
333
WHEREAS, it appears that Notice of said Election was duly and regularly
given; that voting precincts were properly established; that election
officers were'appointed and election supplies furnished; and that in
all respects said.E1ection was regularly and duly held and conducted
according to law and the votes cast thereat received and canvassed, and
the returns thereof made and declared in time, form and manner as
required by the laws governing elections in general law cities; and
WHEREAS, the Council of said City of National City met at the Council
Chambers in the City Hall of said City of National City, on Tuesday,
April 17, 1962, to canvass the returns of said Election, and install
the newly elected officers, as a result of which the Council finds that
the number of votes cast, the names of the persons voted for, the meas-
ure voted upon, and other matters required by law, to be hereinafter
stated:
NOW, THEREFORE, BE IT RESOLVED by the City Council of CITY OF NATIONAL
CITY, California, as follows:
That said regular Municipal Election of the City of National City was
held and conducted in the City of National City, State of California,
on Tuesday, the loth day of April, 1962, in the time, form and manner
as required by law.
That there were fifty-two (52) voting precincts established for the
purpose of holding said election, consisting of the regular election
precincts established in said City by the Board of Supervisors of the
County of San Diego for the holding of elections.
That the whole number of votes cast in said City at said General Muni-
cipal Election was 5043 votes.
That the names of the persons voted for, the office for which they were
voted, the number of votes given in each precinct to each of said per-
sons, together with the whole number of votes received in the entire
City Election, are as follows:
FOR MAYOR (Full Term)
•PRECINCT NUMBER
1
2
14 10 34
30 18 41
4/17/62
43
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wi N N EVE BISBERG
THELMA HOLLINGSWORTH
tvl
MEMBER OF THE CITY COUNCIL (Full Term)
336
FOR THE MEASURE, "CITY HALL BOND PROPOSITION: Shall the City of
National City incur a bonded indebtednessin the principal sum of
$750,000 for the purpose of the acquisition and construction by said
city of the following municipal improvement, namely: a city hall,
including landscaping and off-street parking facilities, and the acqui-
sition of furniture, furnishings, fixtures, equipment and other prop-
erty necessary therefor?"
PRECINCT NUMBER
YES NO
1 27 30
2 45 39
3 63 48
4 50 49
5 38 49
6 65 35
7 42 22
8 & 11 35 52
9 61 49
10 57 38
12 22 17
13 21 28
14 66 41
15 52 50
16 39 40
17 & 59 50 32
18 75 53
19 33 25
20 39 30
21 54 38
22 53 48
23 45 52
24 29 44
25 55 39
26 44 48
27 35 49
28 23 24
29 38 40
30 47 31
31 52 47
32 58 52
33 49 42
34 & 35 104 31
36 44 32
37 51 52
38 58 35
39 47 64
40 56 42
41 50 42
42 61 55
43 37 61
44 & 57 28 23
45 60 37
46 52 48
47 54 48
48 80 92
49 & 50 79 106
51 46 46
52 38 34
53 25 24
54, 55 & 56 50 52
58 51 65
Absentee 7 7
TOTAL 2540 2277
4/17/62
337
That the number of votes cast by absentee voters at said election have
been canvassed and counted and are included in the return as hereinabove
stated.
BE IT FURTHER RESOLVED that RICHARD E. GAUTEREAUX has received the
highest number votes cast at said General Municipal Election in the
City of National City for the office of Mayor of said City, for the
full term of four (4) years; and
BE IT FURTHER RESOLVED that CECIL F. ALLEN and HOWARD S. COLBURN, JR.
have received the highest number of votes cast at said General Munici-
pal Election in the City of National City for the office of City Coun-
cilman of said City, each for the full term of. four (4) years; and
BE IT FURTHER RESOLVED that the measure: "CITY HALL BOND PROPOSITION:
Shall the City of National City incur a bonded indebtedness in the prin-
cipal sum of $750,000 for the purpose of the acquisition and construc
tion by said city of the following municipal improvement, namely: a
city hall, including landscaping and off-street parking facilities,
and the acquisition of furniture, furnishings, fixtures, equipment and
other property necessary therefor?"
That pursuant to law the measure having failed to receive a'favorable
vote equal to two-thirds of the ballots cast,. the bond issue fails. --
BE IT FURTHER RESOLVED that the City Clerk of the CITY OF NATIONAL CITY
is hereby directed to enter this RESOLUTION upon the minutes of the
City Council of said City. Moved by Morgan, seconded by Reid, the
Resolution be adopted. Carried, by the following vote to -wit: Ayes:
Hollingsworth, Morgan, Reid, Hart. Nays: None. Councilman Allen
abstained from voting.
MAYOR HART presented Vice Mayor Hollingsworth with a certificate for
13 years of service to the City of National City; and Councilman Reid
a certificate for 8 years of service to the City of National City.
CITY CLERK ALSTON administered the Oath of Office to the newly elected
officials, and extended her congratulations.
MAYOR GAUTEREAUX called the meeting to order. Council members present:
Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None.
RESOLUTION NO. 8100 was read, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR
BOUNDARIES OF ASSESSMENT DISTRICT (GROVE STREET FROM SIXTEENTH STREET
TO EIGHTEENTH STREET)". Moved by Alien, seconded by Morgan, the Reso-
lution be adopted. Carried by unanimous vote.
RESOLUTION NO. 8101 was read, approving and accepting the work performed
by MACCO CORPORATION for installation of improvements in National Award
Homes Unit No. 2 Subdivision. Moved by Morgan, seconded by Hart, the
Resolution be adopted. Carried by unanimous vote.
4/17/62
338
RESOLUTION NO. 8102 was read, "RESOLUTION ADOPTING PLANS AND SPECIFI-
CATIONS (GROVE STREET FROM SIXTEENTH STREET TO EIGHTEENTH STREET)".
Moved by Morgan, seconded by Colburn, the Resolution be adopted. Car-
ried by unanimous vote.
RESOLUTION NO. 8103 was read, "PRELIMINARY DETERMINATION OF LEGISLATIVE
BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY
PROTEST ACT OF 1931' (GROVE STREET FROM SIXTEENTH STREET TO EIGHTEENTH
STREET)". Moved by Morgan, seconded by Hart, the Resolution be adopted.
Carried by unanimous vote.
Moved by Allen, oral communications be moved up on the agenda. ATTORNEY
CURRAN stated there is one matter which he considers of vital impor-
tance to all persons present and would like to report on the Port
Authority Bill. Councilman Allen withdrew his motion.
ATTORNEY CURRAN reported Senate Bill 41 has now passed the Legislature
and the press has announced publicly Governor Brown has announced his
intention to sign the Bill. The official title of the proposed dis-
trict is: "San Diego Unified Port District Act." The area to be
embraced in the district shall include all the corporate area of each
of the cities of San Diego, Chula Vista, Coronado, National City, and
Imperial.Beach. ATTORNEY CURRAN read in detail the proposed Bill. The
district shall be governed by a Board of Commissioners who shall be
known as Port Commissioners. Each City Council of the cities included
in the district shall appoint a Commissioner or commissioners to which
it is entitled. Three of the commissioners shall be residents of the
City of San Diego; one a resident of each of the other four cities,
National City, Coronado, Imperial Beach and Chula Vista. All the
powers and duties conferred upon the district shall be exercised through
the board of commissioners; and the term of each commissioner shall be
for four years. ATTORNEY CURRAN stated the act does not have any limi4
tation whatsoever on the authority of the board of commissioners to
levy taxes. There is a provision of the proposed act, if applied to
National City, it means that Fire Station No. 2, which was built last
year and dedicated on Tidelands Avenue would be transferred to the dis-
trict and all the interest of the City of National City in the Fire
Station would be lost. COUNCILMAN MORGAN questioned the amount of
bonds against the tidelands in San Diego. ATTORNEY CURRAN stated he
asked the same question when in. Sacramento of the Deputy City Attorney
and the author of the Bill, Sen. Fisher, and he was advised it is in
excess of 10 million. It is the amount of general obligation bonds which
have already been issued by the City of San Diego and is the obligation
at the present time of the City of San Diego, and if the district is
formed, will become the obligation of the other four cities; Coronado,
Chula Vista, Imperial Beach, and National City as well as San Diego.
4/17/62
339
ATTORNEY CURRAN stated with regard.to the escrow instructions which
were submitted for his scrutiny and report with reference to a trade
between the City of National City and Hewitt Bros., examination of the
report of the Real.Estate Committee and the action of the City Council
indicated the trade was to be for City property which was free and
clear and for property in exchange which was free and clear, and the
City Attorney presumes it means of encumbrances. It may well be the
property is free and clear of encumbrances but the escrow instructions
do not so indicate; to the contrary the escrow instructions are drawn
on the basis that the property which the City conveyed, and which we
know is free and clear, would be given in exchange for the equity in
the property, title to which is vested in Hewitt Bros. To the extent
there is any encumbrance against the Hewitt Bros. property the escrow
instructions, which the City Attorney was asked to examine, do not
carry out the action of the City Council in the matter, which is the
property should be free and clear. It is a matter which rests with
the City Council what policy they want to take. COUNCILMAN HART ques-
tioned whether the City should ask for a financial statement from
Hewitt Bros. and whether we should have an appraisal made outside the
City Council. ATTORNEY CURRAN stated he thought the Council had full
discretion in the matter. DON NORMAN, 739 E. loth Street, was present,
and stated it was the intent in the escrow instructions to deliver the
property free and clear of all encumbrances. Mr. Norman presented a
picture of Hewitt Bros. proposed building. Mr.,. Norman stated he will
make an amendment to the escrow instructions stating the property will
be delivered free and clear of all encumbrances, and they are also
willing to make a stipulation in it the land is not being bought for
speculation and the plant will be built within a reasonable length of
time, if it is the Council's desire. Moved by Allen, when the amend-
ment completed by Mr. Norman it be referred to the City Attorney for
the legality and a report at the next meeting, if possible. MR. NORMAN
stated they are pressed for time, and asked the Council to stipulate
what they would like to have in the amendment. Motion died for lack of
a second. Moved by Alien, seconded by Colburn, the trade be accepted
and the escrow instructions have an amendment that will clarify the
fact it is property free and clear for property which is free and clear,
and there will be a stipulation construction will .start within 180 days
and they will build a building, and the property is not for speculation.'
Carried by unanimous vote. Moved by Allen, seconded by Gautereaux, the
amendment for the commission, as presented by the Real Estate Committee
to the City Council, be approved. Carried, by the following vote to -wit:
Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan.
4/17/62
340
ATTORNEY CURRAN reported he received a notification from the Commission
on Peace Officer Standards and Training, advising us of the policy
adopted on March 2, 1962, in compliance with an opinion of the Attorney
General. It is the Commission which established rules and which for
the first time a recruit on the Police Department of National City
received his capers as having successfully completed the course a few
weeks ago. Attorney Curran recommended the communication be referred
to the Civil Service Commission and to the Chief of Police. Approved
by unanimous vote.
MAYOR GAUTEREAUX stated he would like to appoint Cecil Alien, Vice
Mayor. Moved by Colburn, seconded by Hart, the appointment be approved.
Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan,
Gautereaux. Nays: None. Councilman Allen abstained from voting.
MAYOR GAUTEREAUX stated the City Attorney has pointed out the motion
was defective due to the fact the Vice Mayor should not have been
appointed, but elected. Moved by Colburn, seconded by Hart, the motion
be rescinded. Carried by unanimous vote. Moved by Colburn, seconded
by Hart, Cecil Allen be elected Vice Mayor. Carried, by the following
vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: None.
Councilman Allen abstained from voting. COUNCILMAN ALLEN stated he
would accept the position of Vice Mayor for a period of one year only;
and thought it should be rotated. Moved by Allen, the position of Vice
Mayor be rotated. MAYOR GAUTEREAUX stated he thought the motion was
out of order at this time.
MAYOR GAUTEREAUX stated he would like confirmation of the appointment
of the following members on the Finance Committee: Councilman Colburn,
Chairman; Councilman Allen, and Mayor Gautereaux said he will also
serve. Moved by Morgan, seconded by Hart, the appointments be con-
firmed. Carried by unanimous vote.
MAYOR GAUTEREAUX requested confirmation of the appointment of the fol-
lowing members on the Harbor Committee.; Councilman Morgan; Councilman
Hart, Chairman; and Mayor Gautereaux said he also will serve on the
Committee. Moved by Allen, seconded by Colburn, the appointments be
confirmed. Carried by unanimous vote.
MAYOR GAUTEREAUX stated with regard to matters brought before the
Council which are referred to department heads for study and review,
in returning these matters back to -the Council,'he would like to sug-
gest the matters come back under the form of unfinished business,
routed to our City Clerk so we will have control of getting all matters
back before the City Council which have been referred. Approved by
unanimous vote.
4/17/62
341
MAYOR GAUTEREAUX stated he attended the Girls Scouts dedication in the
park on the loth and recommended a letter be sent to the Girls Scout
Committee for the -dedication of the plot in celebration of their 50th
anniversary. Approved by unanimous vote.
MAYOR GAUTEREAUX reported he attended the observance of our Library
Week, and recommended a letter be sent to Ellen Baeder and her staff
and the Library Board for the job they did in observing our Library
Week. Approved by unanimous vote.
COUNCILMAN ALLEN stated since Mr. Reid is no longer a member of the
Council, there is a vacancy as an alternate on the San Diego County
Civil Defense and Disaster Organization Council; also unless he or
someone else is appointed there will not be any representative of the
City, and said he would like confirmation whether or not he is to con-
tinue and who will be the alternate. MAYOR GAUTEREAUX stated if the
Council so approves he would like to have Councilman Allen reappointed
to the post, and asked Councilman Colburn to serve as an alternate.
Moved by Alien, seconded by Morgan, the City Manager be instructed to
notify the Chairman of the Board of Supervisors of the change. MAYOR
GAUTEREAUX stated the motion is out of order, as he wanted the pleasure
of the appointments by the Council. Moved by Morgan, seconded by Hart,
the appointments as made by the Mayor be approved. Carried by unani-
mous vote. Moved by Allen, seconded by Morgan, the City Manager notify
the Chairman of the Civil Defense Council, who is also the Chairman of
the Board of Supervisors of the appointments. Carried by unanimous
vote.
COUNCILMAN ALLEN stated he wished to thank all the people who worked
for his re-election, also those who voted, and a particular vote of
thanks to his wife for consenting to allow him to serve another four
years. COUNCILMAN HART also expressed his thanks to the people who
worked and voted for him. COUNCILMAN COLBURN stated he wished to thank
everyone who gave him their support. MAYOR GAUTEREAUX stated it pleased
fi
him to see so many people present at the meeting today, and hoped this
will not be the only time we have such an attendance; and hoped the
people will watch them closely as they proceed with new government and
conducting all city business.
L. M. PEPPER was present, and stated he has a lease with. the City of
National City on property at 2300 Tidelands Avenue and also water-
front property lease. Mr. Pepper stated he would like to ask the City
Attorney a question regarding the port development.district; and asked
if he was correct in his understanding his lease would.have no meaning
whatsoever.. ATTORNEY CURRAN stated one of the things he has been
vitally concerned about is the lease Mr. Pepper and others have,
4/17/62
342
particularly Mr. Pepper's lease because we have had before the Council
the plans he submitted to the Army Engineers with reference to buildift
a pier on our tidelands, i.t would be financing by private industry, the
matter is now pending and it raises a very real question, in the mind
of the City Attorney and other City Attorneys what the situation will
be with reference to the matter and it is certainly something which
will have to be considered by the City Council in determining what, if
any, position it isgoing to take regarding Senate Bill 41. MR. PEPPER
stated he presumed it would take much more research. MAYOR GAUTEREAUX
stated there will be much more research done by this body regarding the
Bill before it comes before the body for adoption and the Attorney's
approval. Mayor Gautereaux stated he thought it would be well for Mr.
Pepper to be in close contact with City Manager Bird in studying the
Bill further.
COUNCILMAN ALLEN introduced his wife. COUNCILMAN COLBURN introduced
his wife, Donna. MAYOR GAUTEREAUX introduced his wife and three sons;
also his Mother and Father.
CITY MANAGER BIRD stated there was referred to his office for a report
to the Council on the application pending a letter to be presented by
Clayton E. Logan which is in regard to veterans painting house numbers
on the curbs. COMMUNICATION FROM CLAYTON E. LOGAN was read, relative
to the placing of street numbers on the curbings in front of the homes
in National City. The numbers would be uniform in size and color and
the payment for same would be on a donation basis, thereby assuring
complete uniformity throughout the city. CITY MANAGER BIRD recommended
Mr. Logan be granted permission, subject to inspection of the Street
Dept. and subject to him getting a business license. Approved by
unanimous vote,
COMMUNICATION FROM ROBERT K. BURDETTE, Sanitation & Sewerage Supt.,
Department of Public Works, County of San Diego, was read, relative to
the sanitary fill in the Duck Pond at 31st Street and National Avenue,
which the County operates. They would appreciate the City's opinion
as to the feasibility of continuing their sanitary fill some 100 feet
north of their property on the portion of National City's land indi-
cated, and would also like to have some indication of the opinion of
the City Council as to the use of the property for such a purpose. If
the continuation of the fill on the City property as indicated appears
practical, it would be their recommendation to the Board of Supervisors
a formal application be made to the City of National City for the lease
of the subject property. CITY MANAGER BIRD recommended the communica-
tion be referred to the City Engineer to check the contours and to work
with the County of San Diego for further information, and then when we
4/17/62
343
get the°zeport Council°wili be in a better position to answer the
questions. Approved by unanimous vote.
INVITATION FROM BOYS SCOUTS OF AMERICA to Mayor Gautereaux and his wife
to attend their'annual Boys Scout District Recognition dinner to be
held May 4th in the Chula Vista Recreation Club, was presented.
COMMUNICATION FROM SAN DIEGO BAY COMMITTEE was read, stating the Com-
mittee is continuing their study regarding bay development and would
appreciate knowing the City's objectives for the use of their tidelands.
They would also like to be advised of the City's specific objections,
if any, to the Fisher Port Authority Bill. The Committee is holding
their next meeting on April 26th and., if convenient, would appreciate
having this information by that date so it may be studied and reviewed.
A copy of the minutes of the San Diego Bay Committee's meeting was
attached. CITY MANAGER BIRD stated approximately a month ago one of
the committee members, who represented National City, James Rusk,
resigned and there has been no one appointed to fill his position; and
also Mr. Fessman, who is the remaining representative of the City, has
stated he would continue to serve if it pleases the City Council.
Moved by Morgan, seconded by Allen, Mr. Fessman continue to serve on
the Committee. COUNCILMAN ALLEN stated he thought it had been the
prerogative of the Mayor to appoint whom he sees fit, and thought per-
haps the motion is out of order. COUNCILMAN MORGAN stated he thought
his motion was out of order; Mr. Fessman is a member of the Committee
at the present time. MAYOR GAUTEREAUX stated Mr. Fessman would serve
until such time he either resigns or would be replaced; and in view of
the other recommendation of the City Manager he asked the letter be
laid over until next week at which time an appointment will be made.
COMMUNICATION FROM ILA C. MASON was read, stating on March 19th her
husband and herself took out permits to construct a 6-unit apartment
building on "B" Avenue in National City. Mr. Mason became very ill
the same night and because of his health will be unable to build the
units at this time. They are requesting a refund of the money paid
for Building Permit No. A-1097 in the amount of $170.00, and Sewer
Permit No. 4836 in the amount of $75.00; a total of $245.00. CITY
MANAGER BIRD recommended it be referred to the Building Dept. to check
as to construction being started, and also as to the authenticity of
the permits and a'report to the City Council at the next meeting.
Approved by unanimous vote.
APPLICATION OF SAN DIEGO TRANSIT SYSTEM before the Public Utilities
Commission, was presented, requesting authority to reroute Route "W".
-The application was ordered filed by unanimous vote.
4/ /62
344
COMMUNICATION FROM PARK SUPT. GAUTEREAUX was.,read, recommending Felix
Guidry be granted leave. of absence without pay, beginning April 21st
and terminating approximately May 6th;•the leave is necessary due to
illness. Moved by Allen, 'seconded by Colburn, the recommendation of
the Park Supt. in regard to leave of absence without pay for Felix
Guidry be approved. Carried by unanimous vote.
CITY MANAGER BIRD presented the matter of Civil Defense and Disaster
Organization. We have asked the Civil Service Commission to create
for us, following the application for administration funds at the State
.level in the Federal Government on matching funds, a Deputy Director
of Civil Defense, and we are now going to have to, if`the Council pre-
fers`to continue with its active policy in Civil Defense, send at least
two to three people to schools to qualify. Mr. Bird said he was speak-
ing of a Radiological Defense Officer and Civil Defense Management
course, which is going to be very essential to the community. Moved
by Allen, seconded by Colburn, whoever is selected by the City Manager
for this particular job, and he can be an employee at this time, he be -
sent to radiological school. Carried by unanimous vote. COUNCILMAN
ALLEN stated he only mentioned the radiological officer, and asked the'
City Manager if the other position could wait until we have the one
through. CITY MANAGER BIRD said he thought it could be reviewed in
another week or two.
REPORT FROM CITY ENGINEER FOSTER was read, relative to a sewer easement
which should be abandoned or vacated; it is the sewer which was relo-
cated under the addition to the athletic field at Sweetwater High Schoo3
Description and maps have been sent to the High School District for
easements for the new sewer location and the 60 inch storm drain. CITY
MANAGER BIRD recommended the report be referred to the City Attorney to
prepare the necessary documents of abandonment; same not to be acted
upon by the City Council until the school has given usthe new ease-
ments. Approved by unanimous vote.
COMMUNICATION FROM C K F-M GENERAL CONTRACTORS was presented. CITY
MANAGER BIRD stated these are the contractors who have the No. 6 Sec-
tion of the Metropolitan Sewer line which is to be built through our
area. They are requesting a place for temporary location for approxi-
mately a year. Mr, Bird said they met in his office and in discussing
the matter with them herequested they make a proposal. Communication
was read, stating::they inspected the property owned by National City
at 24th and Coolidge,- and would like to rent an area comprising a lengt
of 150 feet parallel to 24th Street'''and 200 feet parallel to Coolidge
on the Southwest corner of the intersection.' -It is to be utilized as
a construction yard and office site in connection" with their work on
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T
345
Contract 6 of the San Diego Metropolitan Sewer System. This occupancy
will in no way restrict the City's use or development of the balance
of the property. They propose for the City's consideration a rental
of $60.00 per month for a period of twelve months with the option of
continuing the lease for an additional three months if needed. Moved
by Alien, seconded by Hart, we accept the proposition and the City
Attorney be authorized to prepare the necessary papers. Carried by
unanimous vote.
APPLICATION FOR EXCAVATION PERMIT by James Toledo was presented.,
REPORT FROM CITY ENGINEER FOSTER was read, recommending Mr. Toledo be
required to do certain things as outlined in the report. CITY MANAGER
BIRD recommended the permit be granted, subject to the terms and stipu-
lations as set forth by the City Engineer's report. Approved by unani-.
mous vote.
CITY MANAGER BIRD stated he had the contract from the State Division
of Highways which has been worked out with our Engineering Department
and the Office of Mr. Dekema of the Division of Highways, which has
to do with $39,500.00 for maintenance for the forthcoming fiscal period
and construction which has been set up in two phases because of the
lack of money. In the budget we have set up approximately $110,000.00
a.nd is to be used to recover National Avenue, if th•e Council so wishes.
The total project amounts to $175,000.00. Moved by Morgan, seconded by
Hart, we continue the plan. Carried by unanimous vote. Moved by Allen,
seconded by Hart, the City Attorney be authorized to prepare a resolu-
tion to verify the contract. Carried by unanimous vote.
COMuMUNICATION FROM J. P. BENDER CONSTRUCTION COMPANY relative to
National Freight Terminals tidelands lease, was read, stating they are
attempting to obtain financing for Arno Mueller to construct a ware-
house and terminal. The lending institutions they are negotiating with
have requested certain information which they believed the City could
supply. CITY MANAGER BIRD stated the questions asked are of a legal
nature, in part, and recommended it be referred to the City Attorney
to give the Harbor Committee the answer and we can then transmit it to
Bender Construction Company. Approved by unanimous vote.
COMMUNICATION FROM SAN DIEGO CHAPTER -THE AMERICAN INSTITUTE OF ARCHI-
TECTS was presented. It is a recommendation to up -date and amend City
"Ordinance to adopt the current edition of the Building Code. It was
the recommendation of the City Manager the communication be referred
to the Building Inspector for a report to the City Council. Approved
by unanimous vote.
CITY MANAGER BIRD reported he received a communication from the Chief
of Police relative to a glue sniffing ordinance`, and recommended it be
4/17/62
346
referred to the City Attorney to take into consideration in the prepara-
tion of an ordinance which has been authorized. Approved by unanimous
vote,
MINUTES OF SOUTH BAY IRRIGATION DISTRICT were presented and ordered
filed by unanimous vote.
C0MNUNICATI( PROM SAN DIEGO TAVERN & RESTAURANT ASSOCIATION was read,
stating on»beh*lf of a rather large segment among the cafes in National
City they request the privilege of attending a meeting or hearing on a
matter concerning these businessmen. CITY MANAGER BIRD stated an up
to date report from the Chief of Police, as of April 16th, shows we
have 78 places doing business in National City. Moved by Allen, sec-
onded by Colburn, City Manager Bird find out when a meeting can be
arranged and see if we could get together on it and if possible have
our City Attorney present. Carried by unanimous vote.
CITY MANAGER BIRD stated at the last meeting of the Council he was
authorized to file a protest in relation to the communications situa-
tion. Mr. Bird stated he sent a letter on April 13th to the Federal
Communications Commission, Washington, D. C., which stated the City
Council of the City of National City by unanimous vote has expressed
opposition to Docket No. 14507 on the grounds it would be a burden on
our Police Department, Fire Department, and Civil Defense radio opera-
tors. We also feel the excess charges proposed would constitute a vio-
lation of the Constitution of the United States in that such charges
appear as a tax for the radio services necessary for proper functioning
of our City. The City of National City desires to officially oppose
Docket No. 14507. The communication was ordered filed by unanimous vote.
COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, giving notifi-
cation of the intention of City of Chula Vista to annex certain terri-
tory. CITY MAi:A.GER BIRD stated the territory to be annexed is on the
East side of Eoita, and recommended it be filed. Moved by Allen, sec-
onded by Hart, the communication be filed. Carried by unanimous vote.
CITY MANAGER BIRD stated we were requested to set up a Harbor Committee
meeting for the purpose of discussing and answering the questions of
John Hancock Company who wishes to renew their lease. COUNCILMAN HART,
Chairman of the Harbor Committee, called a meeting of the Committee for
Thursday, April 19th at 10:00 a.m.
CITY MANAGER BIRD stated it was clearly indicated by the vote at the
last Municipal election the people of National City recognize and wish
to have anew City Hall, and recommended the City Manager and City Plan-
ner be authorized to explore the possibil*ty of being granted funds for
planning and funds for planning and engineering. This is not a gift,
4/17/62
347
it is an advancement for funds which is not repayable to the Federal
Government unless we finally build a civic center_,or city hall. There
is,a lot of study which will have to be made, we will have to meet cer-
tain criteria, but under Public Law 701, Mr. Bird said he feels certain
if proper application is made the funds will be made available to the
City. The City Council will have to declare the site location before
we can make an application. Moved by Hart, seconded by Allen, the,
recommendation of the City Manager to explore this, under Public Law
701. Carried by unanimous vote. CITY MANAGER BIRD stated the matter
of sites is definitely a..responsibility of the City Council. Mr. Bird
said he has had offers of where he could get a city hall build on.a
rent -lease basis at 4. Moved by Allen, the Mayor call a meeting of
the Council as soon as possible, or a. meeting of the Real Estate Com-
mittee, and it be advertised to the public in the press, to lay out
some particular sites and then have the Council suggest which one we
think might be the most advantageous. Motion died for lack of a sec-,
ond. MAYOR GAUTEREAUX stated he thought this-couldbe held over until
such time as we get a report from the -Planner: and. City Manager on the
determination they make.
CITY MANAGER BIRD announced he has made a ppication for his retirement,
effective as of July 1st of this year, and asked for the Council's con-
firmation. Mr. Bird stated he has enjoyed working for the City. Moved
by Allen, seconded by Colburn, we accept Mr. Bird's request with the
deepest regrets in order to prepare for his retirement, and he be
issued a certificate for each of the positions he has held in the City,
including the Fire Department, Building Inspector, and City'Manager,
and the number of years in each. Carried by unanimous vote. MAYOR
GAUTEREAUX staked Mr. Bird's accomplishments will be recognized in this,
community for many years to cone -for the years he has tendered the City
and expressed his regrets in the confirming of Mr. Bird's resignation;
CITY CLERK AL1ON stated she received a communication from FRANKLIN T.
HAMILTON, who assisted in the election by preparing the issue of the
City Hall bonds. Mr. Hamilton stated he was disappointed to learn the
bond -proposition failed to carry, and stated he enjoyed working with
Mrs...Alstonand Mr. Curran in these proceedings.
COMMUNICATION FROM JAMES R. MILLS, Assemblyman, was read, relative to
the resolution of the National City Chamber of Commerce regarding the
proposed San Diego Port Authority Bill; and stated he will make every
effort to see that a reasonable and equitable compromise is reached on
the questions raised.
CITY'CLERK°ALSTON reported she has the Annual Report to the Governor
and Legislature; also the 30th'Annual Financial Report and Report of
348
operations from the Board of Administration of State Employees' and
will be on file in her office.
CITY CLERK ALSTON stated the County Division of the, League of California
Cities will hold a monthly meeting in the County of San Diego and the
various cities who are members are hosts. The April meeting will be
Friday, the 20th, at the Sands Hotel, on Highway 395, the City of La
Mesa will be the host City. Mrs. Alston stated she wished to know if
the Council wished to confirm the way it bac been handled in the past;,
the elected officials and department heads are allowed to attend the
meetings and it is charged against their budget; the City pays for
their dinner, not for the travel expense. Moved by Allen, seconded by
Hart, we continue as we have in the past. Carried by unanimous vote.
CITY CLERK ALSTON stated Mayor Gautereaux asked her last Friday to
have an audit of the funds made and our auditors are in the City at
the present time; and before they proceeded with the audit they wanted
Council action. Mrs. Alston said we will have our regular audit after
July lst, and asked if the Council desired a special audit.at this time..
Moved by Hart, seconded by Allen, we have a special audit-at.this time.,
CITY MANAGER BIRD asked what type of audit the Council wanted; a cash
audit, a complete audit, or the regular audit. MAYOR GAUTEREAUX stated
he would suggest on the motion it be a cash audit in view of the regu-
lar detail audit which will be forthcoming in July. Councilman Hart,
with the approval of Councilman Alien, included that in their motion.
Carried by unanimous vote.
REPORT FROM THE PLANNING COMMISSION was read, relative to establishment
of zoning on the RAMM'S.SUBDIVISION ANNEXATION. Proposed amendment to
the Zoning O:-a.i.nance places this area into an R-1, Single Family Resi-
dence Zone. The Commission recommended the R-1 zoning and that the
Ordinance be srltonded as read by the City Planner. Establishment of
zoning on AT:J?JO INVESTMENT COMPANY ANNEXATION was ccn1dered. Pro-
posed amendment to the Zoning Ordinance places this area into an M-2-A,
Limited Light Manufacturing Zone. The Commission recommended the M-2-A
zoning and the Ordinance be amended as read by the City Planner. Appli-
cation for Zone Change initiated by the City Council to rezone the area
between Las Palmas Park and 30th Street, between 'FN°t Avenue and the
east City Limits; area known as the Oliver Canyon, from an R -1, Single
Family Residence Zone to an R-4, Multiple Residence Zone, was discussed.
It was the general opinion of the -Commission the area should not be
rezoned at this time, but should be retained in the R-1 Zone and con-
sidered in the future for the expansion of Las Palmas Park;• therefore,
the Commission recommended denial of the zone change. APPLICATION for
Zone Change signed by heirs of Minnie L. Cloe, requesting.a zone change
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349
from an R-4, Multiple Residence Zone to a C-3-A, General Commercial
Zone, for an area 115 feet by 125 feet located at the Southeast corner
of 4th Street and "I" Avenue, was considered, The commission recom-
mended the petition be denied. Discussion was held relative to estab-
lishment of zoning on EAGLES LODGE ANNEXATION, as an R-1-S, Special
Single Family Residence Zone. Also amendment to the Zoning Ordinance
taking the requirement for reservation for additional street width out
of the residential requirements and placing it in general provisions
on all zones; placing a requirement on the materials used in the con-
struction of fences and their upkeep, and changing the classification
of the head of the Planning Department from a City Planner to a Direc-
tor of Planning, was discussed. It was the recommendation of the com-
mission Eagles Lodge Annexation be zoned as an R-1-S and the Ordinance
be amended as read by the City Planner. It is the recommendation of
the City Planner public hearings be set for May 8, 1962, on all the
above items and the report of the Planning Commission action of April
9, 1962, be filed for consideration at the time of the, public hearing.
Moved by Alien, seconded by Morgan, the recommendation of the Planner
and Planning Commission be approved. Carried by unanimous vote.
CITY PLANNER STOCKMAN reported she had two petitions from property
owners requesting annexation to the City of Naiioaal City to be known
as DOLL ANNEXATION and CHASE ANNEXATION, and recommended the petitions
be received by the City Council and referred to the Planning Commission
for a report. Approved by unanimous vote.
Moved by Allen, seconded by Gautereaux, we go along with t a recommen-
dation o2.the 'Public Housing Director in regard to razing the second
phase, 4, --,- =story houses, of the Public Housing, knon as Olivewood
Housing, and ?:,e direct the Housing Director to serve a 90 day notice on
the tenants -A we advertise for bids to try and sell the buildings and
have them disr:F-xntled in another 180 days. Carried, by : e following
vote to -wit: Ayes: Allen, Colburn, Gautereaux, Nays- Hart, Morgan.
RESOLUTION F0. 8104 was read, "RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ADOPTING AND SUBMITTING A BUDGZT FIR EXPENDITURE
OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES".. Moved by
Hart, seconded by Alien, the Resolution be adopted„ Carried by unani-
mous vote.
Moved by Morgan, seconded by Harty the meet '.ng be closed. Carried by
unanimous vote. Meeting closed at 4:52 p.m.
ATTEST:
' CITY CLERK
TY bF VISIONAL CITY,`/CA.LIFORNIA
4/17/62