HomeMy WebLinkAbout1962 05-08 CC MIN377
National City, California, May 8, 1962
Regular meeting of the City Council was called to order by Mayor
Gautereaux at 1:30 p.m. o'clock. Council members present: Alien,
Colburn, Hart, Morgan, Gautereaux. Council members absent: None.
ADMINISTRATIVE OFFICIALS present: Alston, Biggs, Foster, Gautereaux,
Hergert, Kerr, Osburn, Stockman.
The meeting was opened with pledge
City Manager Osburn, followed with
Baptist Church.
Moved by Hart, seconded by Morgan, the minutes of the regular meeting
of May 1, 1962, be approved. Carried by unanimous vote.
RESOLUTION NO. 8115 was read, "FINDING AND DETERMINING THAT A MAJORITY
PROTEST HAS NOT BEEN MADE (Cypress Annexation)". Moved by Morgan, sec-
onded by Allen, the Resolution be adopted. Carried by unanimous vote.
ELIZABETH AMES, 1927 Granger Avenue, was present, and stated she was
representing a few interested citizens. One of the matters with which
they are concerned with is the discussion regarding the budget for the
Mayor; also the Finance Committee consisting of members of the City
Council is in bad taste. Mrs. Ames said she thought National City
Attorneys should have been consulted to see if they would be interested
in the position of City Attorney, and those who were interested be
given an interview, and the most capable one appointed.
MAYOR GAUTEREAUX stated at the Mayors meeting last week, the Mayors of
Coronado, Imperial Beach, Chula Vista, and National City were in atten-
dance. It was the feeling of the majority of the Mayors the Port
Authority is deemed necessary and the Bill is the vehicle by which the
Authority would be instituted as provided in the enabling legislation,
but the contents of the Bill was not satisfactory to all of the cities
involved. It was recommended an audience be requested of the County
Board of Supervisors, since it is incumbent upon them to call an elec-
tion, and the Bill, and areas, specifically definition of boundary and
other specific interests individual cities would have, as clarity, be
defined from the County Board of Supervisors. Mayor Gautereaux stated
of allegiance to the Flag by Acting
invocation by Rev. Clark of the First
as of today there has been no meeting, or
when we would be
Supervisors; but
A recommendation
able to have an audience
will probably take place
made from the Mayors was
representation from the individual cities
other cities, now consist of City Council
mended it be a policy. Since we are the only city that does not have
Council members represented on the Committee, Mayor Gautereaux said he
time of meeting set, as to
with the County Board of
before the end of the week.
the Bay Committee and the
on the Bay Committee, of the
members; and it was recom-
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378
would ask the Council to consider the recalling of the two members we
have on the Bay Committee who are not Council members, and the appoint-
ing of Council members to the Bay Committee. Moved by Allen, seconded
by Colburn, the recommendation of the Mayor in regard to withdrawing
the two non -Council members on the Bay Committee be approved. COUNCIL-
MAN MORGAN stated he would like to see it laid over for study. Motion
lost, by the following vote to -wit: Ayes: Allen, Colburn. Nays: Hart,
Morgan, Gautereaux. Moved by Morgan, seconded by Hart, it be laid over
for a week. Carried by unanimous vote.
COMMUNICATION FROM SIDNEY J. COLVIN, Dist. Supt., National School Dis-
trict, was read, expressing appreciation of the National School District
for the very able assistance of Mr. Biggs, City Building Inspector, in
compiling an urgently needed report for tho United States Government.
The National School District, under P.L. 815, appears to be eligible
for a co»cam-ttb1® amount of Federal money for school construction, Mr.
Rigs, report has been of substantial value in establishing this eli-
gibility for Federal funds. Moved by Alien, seconded by Colburn, a
copy be placed in Mr. Biggs' personnel file, and the communication
filed. Carried by unanimous vote.
MAYOR GAUTEREAUX presented a proclamation requesting May 13th through
19th be proclaimed as National Girls' Club Week, and May l6th as the
17th Anniversary of Girls' Club of America, Inc. Moved by Allen, sec-
onded by Hart, the proclamation be allowed. Carried by unanimous vote.
COMMUNICATION FROM FIREMEN'S RELIEF ASSOCIATION was presented, request-
ing review of salaries, and the representatives be allowed to meet with
the Finance Committee, on the proposed salary step increases. Moved by
Morgan, seconded by Allen, the communication be referred to the Budget
Committee. Carried by unanimous vote.
COMMUNICATION FROM ELLEN BAEDER, LIBRARIAN, requesting reappointment
of Mrs. Henry Wilson to the Library Board, for a term of three years,
from July 1, 1962, to June 30, 1965, was presented. MAYOR GAUTEREAUX
recommended Mrs. Wilson be reappointed to the Library Board for that
term of office. Approved by unanimous vote.
COPY OF COMMUNICATION FROM COUNTY BOUNDARY COMMISSION addressed to Mr.
and Mrs. Brackin regarding proposed "Brackin Annexation" was read. CITY
PLANNER STOCKMAN recommended the communication be filed until the pro-
per petition is received from the property owners requesting annexation
to the City of National City. The recommendation was approved by unani-
mous vote.
APPLICATION FOR OFF SALE BEER WINE BEVERAGE LICENSE of Lester's Mar-
ket, 2541 E. 18th Street, was presented. REPORT FROM POLICY CHIEF CAGLE
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was read, stating investigation reveals no grounds for protest of the
application. Moved by Allen, seconded by Hart, the application be
filed. Carried, by the ,following vote to -wit: Ayes: Allen, Colburn,
Hart, Gautereaux. Nays: Morgan.
MINUTES OF THE FINANCE COMMITTEE MEETING of May 1, 1962, was read,
recommending the establishment of a Public Works Department. Moved by
Allen, seconded by Colburn, we establish a Public Works Department,
including the Street Department, Sewer Department, Painting Department,
Maintenance Department and the Building Department; and exclude from
the recommendation, the Engineering Department and the Planning Depart-
ment; and the City Attorney be instructed to prepare a resolution
establishing such a Public Works Department, and appointing Stanley
Biggs, the present Chief Building Inspector, to Director of Public Works.
Carried, by the following vote to -wit: Ayes: Alien, Colburn,
Gautereaux. Nays: Hart, Morgan.
MINUTES OF THE FINANCE COMMITTEE meeting stated discussion was held in
regard to the title of the proposed Civil Defense Office. The Civil
Service Commission has suggested the title of Assistant Administrative
Officer for Civil Defense. ACTING CITY MANAGER OSBURN stated he dis-
cussed it with John O'Dell, Chairman of the Civil Service Commission,
and have come to an agreement to leave the title as Deputy Director of
Civil. Defense. Moved by Alien, seconded by Colburn, the recommendation
of the Finance Committee in regard to the setting up of the Civil
Defense situation and the naming of the officer in charge be referred
to the Civil Service Commission. Carried by unanimous vote.
MINUTES OF THE FINANCE COMMITTEE stated the hiring of a Supt. of
Streets was discussed; and it was the recommendation of the Committee
notification be given to the Civil Service Commission to write the
qualif ications_and job --description for Supt.. of Streets due to the fact
replacement for Mr. Bird has to be made by July 1st. Moved by Allen,
seconded by Colburn, the recommendation of the Finance Committee be
approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn,
Gautereaux. Nays: Hart, Morgan.
MINUTES OF THE FINANCE COMMITTEE stated a brief discussion was held
regarding the existing trash contract which expires June 30th and what
changes would be desired in the new franchise.
MINUTES OF THE FINANCE COMMITTEE was read, stating Mayor Gautereaux
stated the Finance Committee should study what they would like to pro-
pose and recommend to the City Council regarding services desired from
a new city attorney for the amount of money paid in services.
DNEARING on establishment of an R-1 Single Family Residence Zone on
territory known as "Ramm+s Subdivision Annexation", was held at this
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time. CITY CLERK ALSTON stated she received no written protests, and
no one was present in this regard. The !Manning Commission recommended
the R-1 Zoning. Moved by Allen, seconded by Morgan, the hearing be
closed and referred to the City Attorney for the preparation of an
ordinance to establish the zoning. Carried by unanimous vote.
HEARING on establishment of an M-2-A, Limited Light Manufacturing Zone
on territory known as "Atomic Investment Company Annexation", was held
at this time. CITY CLERK ALSTON stated the Planning Commission recom-
mended the establishment of the M-2-A Zoning. No written protests were
received, and no one was present in this regard. Moved by Alien, sec-
onded by Morgan, the hearing be closed and the City Attorney be instructed
to prepare an ordinance establishing the zoning on "Atomic Investment
Company Annexation" as recommended by the Planning Commission. Carried
by unanimous vote.
HEARING on Zone Change from an R-4, Multiple Residence Zone, to a
C-3-A, General Commercial Zone, on property located at the Southeast
corner of 4th Street and "I" Avenue, was held. The Planning Commission
recommended the request for a zone change be denied. CITY CLERK ALSTON
stated no written protests were received, and no one was present in
this regard. Moved by Allen, seconded by Hart, the hearing be closed,
and the recommendation of the Planning Commission in the denial of the
zoning be upheld. Carried by unanimous vote.
HEARING on Zone Change from an R-1, Single Family Residence Zone, to
an R-4, Multiple Residence Zone, on property in area known as the Oliver
Canyon, lying south of Las Palmas Park to 30th Street, between ttN"
Avenue and the easterly boundary of National City, was held at this time.
It was the opinion of the Commission this area should not be rezoned at
this time, but be retained in the R-1 Zone and considered in the future
for the expansion of Las Palmas Park; therefore, it was recommended the
zone change be denied. No written protests were received, and no one
was present in this regard. TOM LEONARD, 2740 Lincoln Court, National
City, was present, and stated Oliver Canyon has been considered as a
future site for a park for a number of years, and if zoned R-4 it would
take away the making of a park; and would like to see it remain R-1
Zone. Moved by Alien, seconded by Morgan, the hearing be closed, and
the recommendation of the Planning Commission be upheld. Carried by
unanimous vote. Moved by Allen, the other part of the recommendation
in regard to holding it for a park area be referred to the Park and
Recreation Advisory Board for consideration and a report to the City
Council. Motion died for lack of a second.
HEARING was held on amendment to the Zoning Ordinance taking the require-
ment for reservation for additional street width out of the residential
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381
requirements and placing it in general provisions on all zones; placing
requirements on the materials used in the construction of fences and
their maintenance. CITY PLANNER STOCKMAN stated the present ordinance
places the reservation of dedication of additional width for a street
into an R-4 Zone only, this would repeal that section and place it into
general provisions of Ordinance 962, where one half of the street, or
a portion of the street is dedicated, the abutting property from which
no property has been taken from shall set back and place a reservation
for the future widening of the street into a full width street; it
would be in commercial zones, industrial zones as well as manufacturing
zones. The other amendment places a reservation upon the type of
material; it must be new or good material, used for the construction of
fences and must be adequately maintained after construction. MRS.
ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated she under-
stands the people can be forced to set their building back, but ques-
tioned how the property would be dedicated for the street. MAYOR
GAUTEREAUX stated condemnation for eminent domain would be the process,
unless the property owner so desired to dedicate. Moved by Morgan,
seconded by Hart, the hearing be continued until 2:00 p.m., May 15th,
and placed on the agenda. Carried, by the following vote to -wit: Ayes:
Alien, Hart, Morgan, Gautereaux. Nays: Colburn.
HEARING on change of classification of the head of the Planning Depart-
ment from a City Planner to a Director of Planning, was held. The
Commission recommended the change. No one was present in this regard.
Moved by Allen, seconded by Hart, the hearing be closed, and the ordi-
nance be amended to change the title of City Planner to Director of
Planning. Carried by unanimous vote.
HEARING on establishment of an R-1-S, Special Single Family Residence
Zone on territory known as "Eagles Annexation", was held at this time.
The Planning Commission recommended the annexation be zoned R-1-S.
There was no one present in this regard. Moved by Morgan, seconded by
Allen, the hearing be closed and accept the recommendation of the Plan-
ning Commission "Eagles Annexation" be zoned R-1-S. Carried by unani-
mous vote.
MINUTES OF THE FINANCE COMMITTEE meeting was read, stating Mayor
Gautereaux stated as Mayor in the Office of Mayor he would like to
recommend to the Finance Committee something be set forth in the forth-
coming budget for the operation of this office, and consideration be
given to expenses that are incurred in performance of the job as Mayor.
Mayor Gautereaux suggested the matter be presented to the Council, also
the means of transportation other than his private care. He suggested
an official vehicle be provided for the Mayor which would also be
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382
available to the Council members for official use, if necessary. Mayor
Gautereaux also stated if fulfilling the duties of his office requires
his full time or two thirds of it, he should be justly compensated and
suggested it be put to the vote of the people for their approval. The
Committee, by unanimous vote, tabled any further discussion on the
Mayor's salary until such time as we have an attorney and all members
of the Council are present, if possible. Moved by Alien, this section
be referred to the Budget Committee with the provisions of the motion.
Motion died for lack of a second.
MINUTES OF THE FINANCE COMMITTEE meeting stated a brief discussion was
held in regard to the hiring of a Purchasing Agent.
MINUTES OF THE FINANCE COMMITTEE meeting stated the Committee, by unani-
mous vote, recommended to the City Council that the City Manager and
City Clerk get together on the cost for a new Municipal Code, and that
it be included in the budget of the City Clerk. CITY CLERK ALSTON
stated she would not include the Municipal Code in her budget; Munici-
pal Code is State law. Mrs. Alston stated she had intended to set up
the codification of ordinances in her budget. VICE MAYOR ALLEN stated
that was what the Committee had intended. Moved by Morgan, seconded by
Colburn the reference to the Municipal Code be referred back to the
Finance Committee. Carried by unanimous vote.
MINUTES OF THE FINANCE COMMITTEE meeting of May 3, 1962, was read,
stating the meeting was called to discuss the trash collection contract
and the hiring of our new City Attorney. It was the recommendation of
the Committee William Carstens be appointed City Attorney. It was
further recommended if Mr. Carstens is approved by the Council he be
retained for a figure of $893. per month; he maintain an office pro-
vided him in the City Hall a minimum of three days a week; that he pro-
vide the City on the retainer from his firm a Deputy City Attorney
which would be included in the retainer fee. Also we provide him with
an operating budget for his office comparable to the one now in effect
in our 1962 budget; he make our court appearances on prosecution of
City ordinances; that he be responsible for collecting legal services
to department heads, specifically the City Treasurer and Housing
Director. For municipal appearances, Superior Court appearances and
1911 Improvement Acts, he be paid special fees on a per diem basis at
the regular attorney's fees or any other special assignments which may
be required of him by the governing board. Traveling expenses are to
be paid when on extended tours ordered by the City. Moved by Colburn,
seconded by Allen, Mr. Carstens be appointed as the City Attorney on a
monthly basis for $893. per month; and he comply with the recommenda-
tions of the Finance Committee, and the monthly basis continue until
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383
such time as we can advertise in the proper medium of hiring a City
Attorney on full time basis; and the limitation be one month. Carried,
by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays:
Hart, Morgan. Moved by Colburn, seconded by Morgan, we authorize the
City Clerk to advertise for a City Attorney; only that the advertising
be done through the proper method, and it be done, at lease one por-
tion, by contacting the San Diego Bar Association, not for an appoint-
ment or recommendation from them, but for an availability list or offers
to any member of the San Diego Bar Association to submit an application
to the Council so it could be studied and then appoint a City Attorney.
MAYOR GAUTEREAUX stated if any member of the Council has'any recommen-
dation to make, it be made during this interim to the City Clerk, people
they would have in mind who would be eligible for the job. Carried by
unanimous vote.
MAYOR GAUTEREAUX asked Attorney Carstens, the newly appointed City
Attorney, if he would accept the appointment on a temporary basis.
ATTORNEY CARSTENS stated he would. CITY CLERK ALSTON administered the
Oath of Allegiance to Attorney Carstens.
REPORT .OF CITY ENGINEER FOSTER regarding request of Highland Avenue
Baptist Church, was read, recommending the Church be allowed to widen
the existing driveway of 22 feet to a total of 52 feet. If this is per-
mitted it will be necessary for the City to remove the painted cross-
walk. It is believed the traffic pointers indicated will greatly
relieve the congestion of this driveway. It is further recommended, in
view of the imminent widening of Highland Avenue, the driveway construc-
tion should be with asphalt in lieu of concrete. The recommendation of
the City Engineer was approved by unanimous vote.
REQUEST OF CITY CLERK ALSTON for authorization to attend International
Municipal Clerks' Convention to be held in San Francisco May 13th
through May 17th, was presented. Moved by Allen, seconded by Hart, the
request of the City Clerk be granted. Carried by unanimous vote.
COMMUNICATION FROM AMERICAN FOREST PRODUCTS CORPORATION relative to
changing the name of Tarter, Webster & Johnson to the name of American
Forest Products Corp., was presented. CITY CLERK ALSTON stated Tarter,
Webster & Johnson hold tideland leases with the City of National City,
and recommended it be referred to the City Attorney to see if it is
in accordance to form. Approved by unanimous vote.
CITY CLERK ALSTON stated it has been Council policy to pay per diem
fees for scheduled travel of City officials and employees, and the
Council members have been furnished with a copy of the fees paid in the
past, and requested the policy of the present Council in this regard.
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384
Moved by Allen, seconded by Hart, the schedule be changed to $30.00
per day instead of $20.00, plus transportation, and the .070 per mile
be increased to .100 per mile. Carried, by the following vote to -wit:
Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan.
RESIGNATION OF JAMES P. JENKINS as a member of the Traffic Safety Com-
mittee was read. Moved by Morgan, seconded by Allen, the resignation
be accepted with regrets and a certificate be given Mr. Jenkins.
Carried by unanimous vote.
NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY in regard to the meeting
of Engineering and Operations Committee; also meeting of Water Problems
and Policy Committee to be held May 10th, was presented. Minutes of
the regular meeting of the Water Authority of their meeting held April
12th, were also presented. The documents were ordered filed by unani-
mous vote.
ACTING CITY MANAGER OSBURN stated he had a call from the Auditor on
Monday, May 7th, and he stated the audit had been completed and overy-
thing was O.K. and the report is being typed; and if finished in time
would be sent down by special messenger today. Mr. Osburn said it did
not arrive so it would be here within the next two or three days.
Moved by Allen, seconded by Morgan, it be placed on next week's agenda.
Carried by unanimous vote.
CITY CLERK ALSTON reported she has a copy of the Financial Transactions
concerning Cities of California for the fiscal year 1960-61, from the
State Controller and will be on file in her office.
CITY ENGINEER FOSTER stated the last meeting there was referred to him
in regard to checking the lagal descriptions of the property being sold
to a Church, which is between 16th and 17th; the descriptions were fur-
nished yesterday and he found an error so referred them back to the
Title Company, so perhaps it will be straightened out by next week.
COUNCILMAN COLBURN, Chairman of the Finance Committee, announced a
meeting of the Finance Committee, Wednesday at 7:00 p.m. in the City
Manager's office.
MAYOR GAUTEREAUX asked the Acting City Manager if he had an announce-
ment to make as to when we might leave to meet the Governor this after-
noon. MR. OSBURN stated at the convenience of the Mayor. MAYOR
GAUTEREAUX stated if anyone wished to ride with Mr. Osburn in a City
car we will leave the City Hall at 5:00 p.m.
Moved by Hart, *econded by Morgan, the meeting be closed. Carried by
unanimous vo*% Meeting closed at 2:56 p.m.
ATTE
CITY ,ERK ^'
MAYOR, CITY OF NATI NAL CITY, CALIFORN/IA
5/8/62