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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 CO H C• AA tln�U1t to p 41 1 41 4141 W W to W� W tO Wt�]NNNNNNNNNN W WJW W WNW W > M CO WNAJ20 CO-4Cstn20 to IV WO+DCOyO 170 WN W Otopo-4a,04 to N WOMDCO12,CA0 A WNCD43go.3Chto4/ tor Z VI (D to 0 .4 w to to FA ko W 4D sp to 0' PRECINCT NUPBER W ON WNWNLotn4DWWN WN4A WtoCS P WNNW P WLO W PFA4IQ4PNWNWNWW W WtoN I-tO 4a CS 4P CTWOtnW-4NWCD04- cot -a N)OrWtoFAto4coC)4C3-4CONCsiP4PWCSCO43CONCAWOCO4)O-I‘O COWtnO CLAUDE L. HART ,pWWW W4PW WN4PNtoWtoWNW WW`AWNNWN WNNNW W WNWW WNNW WWNtoW WLO WNN DONALD H. FREEMAN 0 N ^.1 to to N 4 co W 0 0 tO CD O N N W CO O 4s 43 NO Co CS -.4 43 CA to 4 4a U3 0 CS to to R4 Ul FA 4 tO W N N J 41 O' to W ks O co 43InNWW4>4%4,4%031.44,0NWNW41,t0CgCS44toWWNNtoWtW4441WNNCS4%W44CSN1.4Loto41NWWWN RICHARD E. GAUTEREAUX to 4) WOtnO+dtnNCpNOtndNW tototo R)4CD DCSR3R3 cstn�1N4P4pW�co-a0or.3c0.1.lOCANNNtnN CLEM CHASE w ... w \ 4 FA v CS N to 4�P to DJ Q Co 03 tn-tn(ntn°444a4 4a444 W W to W 4 W W to WNNNNNNNtFi.NNF+r+VratahaPa1-+t-+ (8 Co W to DJ 220 co .t Ct to f20 to to 1-4 O 0 CO N tT tN W N'+ O fV) Co v CT to ,(a to rap 1+ O 000 f20 Ct to 4 to to O 0 0 -4 ct to 4P to N DJ PRECINCT NUMBER to e+ to to to tW tn DJ ID V N Qo to O+ DJ �tn to 4 NJMCo41 W W co IDCTto 0CJV410co410044WPC oo h)Nhit-WN O.P�-a c)ctWCOWOtJI0Csta0 Ct F. ALLEN 41 41N1-+W4p -403,4 W4hNNIn4/4/letntoNNNtn41 WWr+W 4tnW41 Wt+tNN W W W 44 Ar+F+W W Wto04 A V4N w WNqOa04PCwoCocnNkcsWcstn0U303-4 to-4tn4 tnooaoco00.4 n) LnON41tn03WCO1-44ON1.4�N0 LUTHER G.. REID 0' Fj NO►-�W.I 00N30NWCA1-1 LO NOk'CaO}a 140 Fa NctvCotnNtntnU3to 00%Ntg-4DJ►J41DJJ0toDJ-+1.4 NNCCkoto004%4PONCt ELIZABETHV. ANTS ta b3 h,0V4N�ANNtit C)0 TCOtaC LoCtD+tnWHOCo4)NVOCo0W 4ttn.1ttottDJ Do DJ °30CII4CricOD0h)ow41404/0to JAMES E. CHENEVETH CA CA 441'4t@W000oto4.4DJ40ON41tn P W WtoDJto 411.4N1.4W4Ct W W PW WNCo4 to to loDJ DiW W WN4tnintnWN ,POD+v143 ChNrvGNONWCotntt4s 4/-4vaVCotn-tc U3to.4.1Ntntnrn0.4to417o4CoC0C+Ct43O00 DJ Co HCWARDS.COLBURN, JR. co 4UlttoNNCT�PWNNI-+4�pNWWN�AWNVNNWtotoPa NWWtotoDJ 'WNNWWF+t-+N4PWNNNNNNF+ RUBENG.RUBIO .1 C+WF-otO ctCt-4C) PF+NO+ct%I-+C+OWlnCo09-1NWNJtnNtow0c).iNNtit 003tn4OWFiNO!-+‘0 .4coV 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 4/17/62 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 4/17/62 349 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