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HomeMy WebLinkAbout1962 05-15 CC MIN385 National City, California, May 15, 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: Biggs, Carstens, Foster, Gautereaux, Hergert, Osburn, Stockzaan. The meeting was opened with pledge of allegiance to the Flag by Acting City Manager Osburn, followed with invocation by Rev. Clark of the First Baptist Church. Moved by Allen, seconded by Hart, the minutes of the regular meeting of May 8, 1962, be approved. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'CYPRESS ANNEXATION' TO THE CITY OF NATIONAL CITY, CALIFORNIA", was presented for the first reading, and read in full. CITY ATTORNEY CARSTENS stated with regard to the sale by auction of land to the First Christian Church of National City, the last report of the City Attorney was to the effect there had been some improper legal descriptions, and were referred to the City Engineer for cor- rection. The correct descriptions have been obtained and delivered to the escrow at the Bank of America. We have also requested the escrow holder to prepare all necessary documents in order to complete the escrow and hope we may be able to present all the documents for signa- ture by the appropriate persons next week. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated she had some criticisms to present to the Council; one was the denial of the request of a politician to use a sound truck because it was against our city ordinance, and would also be against the election rules; and she hoped the Councilmen would remind our Mayor of this the next time he campaigns for office from an airplane. Mrs. Richards stated the Lions Club has been denied the use of live animals at the Fourth of July celebration; but at Easter time the South Bay Plaza advertised live chickens and rabbits on their marquee; and a short time ago they had trained tigers parading up and down the mall. The plaza should make a request to the Council the same as others and not do as they please. Mrs. Richards brought up the question of street improvement and questioned why National City could not use the same method as the City of Chula Vista. Reference was made to the salary of the Mayor, and Mrs. Richards said she is sure the voters of National City would like to see the results of his campaign promises before they consider a salary raise. 5/15/62 386 MAYOR GAUTEREAUX recommended the appointment of Ruben Rubio to the Traffic Safety Committee to fill the vacancy created by the resigna- tion of James P. Jenkins. Moved by Allen, seconded by Colburn, the recommendation of the Mayor be approved. Carried by unanimous vote. COMMUNICATION FROM NATIONAL CITY-CHULA VISTA BOARD OF REALTORS was read, stating enclosed is a copy of a proclamation designating the week of May 20 to May 26 as Realtor Week, and ask favorable considera- tion of their request to have this week officially designated in National City as Realtor Week. Moved by Allen, seconded by Hart, the Mayor be authorized to make the proclamation. Carried by unanimous vote. COMMUNICATION FROM NATIONAL POLICE OFFICERS ASSOCIATION OF AMERICA was read, stating it is with pleasure they are forwarding with the letter the 1961 Annual Walker Safety Award of the National Police Officers Association of America, issued to the National City Police Department. The safety certificate is based on reoorts of the National Safety Coun- cil that show a reduction in motor vehicle deaths over the last year. MAYOR GAUTEREAUX presented the Walker Safety Award to Chief of Police Cagle, and stated he appreciated the work the Chief and his department have done. CHIEF CAGLE stated he would like to thank the motoring public for their part. MAYOR GAUTEREAUX stated he wished to make a report on the work of the Mayors concerning Port Bill 41 which has been under study by the Mayors of National City, Chula Vista, Imperial Beach and Coronado. It has been the opinion of the Mayors discussing the Port Bill since there were deficiencies or inequities in the Bill it was incumbent upon us, as provided in the Bill, for the calling of an election of the Board of Supervisors, either by resolution of the Council, as provided, or by five percent petitions of the respective cities. The majority concen- sus of opinion is that in the calling of an election the Board of Super- visors does have a discretionary area in calling for the election rather than just a ministerial part in the calling of an election; and the way the cities could most effectively bring about amending the Bill and clarifying some of the inequities, as each of us feel, would be by passing a resolution calling for the election upon the Board.of Super- visors and enumerating in the resolution the area we would like amended, or clarified, before the calling of the election. Chula Vista has put a resolution before the County Board of Supervisors calling for the election and enumerating some of the things they would like given attention to. As of yesterday at the Board of Directors meeting, League of California Cities, where other incorporated cities were present that are not enumerated in the report as listed in the Port Bill, official action was taken by that Board as such time as the 5/15/62 387 election is called, either by resolution or by petition upon the Board of Supervisors, the Board requests to be heard at public hearings before the Board of Supervisors on the points of inequities prior to the time of calling for the election. In keeping with the majority opinion of the Mayors representing the four cities, Mayor Gautereaux said he would like to propose a resolution for the Councilts study, and would like it placed on next week's agenda for either approval or denial, and recommending any changes. Mayor Gautereaux read the resolution which is entitled: "RESOLUTION OF CONSENT AUTHORIZING THE CALLING OF AN ELECTION FOR THE FORMATION OF A SAN DIEGO UNIFIED PORT DISTRICT AND REQUESTING CERTAIN STUDIES BY THE BOARD OF SUPERVISORS." Moved by Allen, seconded by Hart, the r.,commendation of the Mayor be approved. Carried by una„_.uous vote. VXCE MAvoR ALLEN - ated Robert O. Curran served this City for a period of eight yE,-..s, very diligently, and thought a certificate should be giver A.un. Moved by Allen, seconded by Colburn, a certificate of recognition of his services be forwarded to Mr. Curran. Carried by unanimous vote. VICE MAYOR ALLEN stated on May 1st City Clerk Alston made a recommen- dation in regard to the new agenda. It was moved by Hart, seconded by Allen, the City Clerk's recommendation be approved. The minutes stated: "COUNCILMAN MORGAN stated he would like to see all the items brought up by the Council laid over until the next week and put on the agenda instead of voting on them the same day. VICE MAYOR ALLEN stated he thought the things the Council brings on the floor are more of an emergency nature, and would prefer to go along with the recommendation of the City Clerk that anything we would have would go in to her prior to the meeting and go on the agenda as soon as she can put it on, unless it is of an emergency nature. Councilman Hart, with the appro- val_of Councilman Allen, amended the motion to include that anything that is brought up at the meeting, unless it is an emergency, and then that could be held over until the next meeting if we still do not understand it. The amendment to the motion was carried by unanimous vote." VICE MAYOR ALLEN stated in studying this over and going into it a little deeper, and something came on the floor last week and it was recommended it be held over, we have actually set up something that precludes parliamentary procedure and he did not think it is correct as it now stands; it should be changed, and asked Councilman Morgan if he would restate it in such a manner it would serve the pur- pose he is trying to bring out, eliminating those things we need to do sometimes when they are brought on the floor, and also how much, and how far, we have to go into it in order to establish what would 5/15/62 388 be considered an emergency. Moved by Allen, we rescind the amendment to the motion that was made on Page 375 of the minutes of May 1, 1962. Motion died for lack of a second. MAYOR GAUTEREAUX requested this be put aside at this time as it was time for the scheduled hearing. CONTINUED HEARING on Zone Change - Item 5 regarding reservation for additional street width and materials used for construction of fences, was held at this time. No one was present in this regard, and there wire no written protes,Moved by Allen, seconded by Morgan, the and referred 6/Y7h 7-- VICE MAYOR ALLEN stated Councilman Morgan stated he w iuld prefer to leave the amendment to the motion previously presented remain as it is. to the City Attorney. Carried by unanimous vote. COUNCILMAN HART stated certain items on the agenda state what action should be taken, and he did not think it should be included on the agenda; the Council members should make up their own minds how they wished to vote. VICE MAYOR ALLEN was in accord with Councilman Hart's thinking. MAYOR GAUTEREAUX stated each one of the items will take Council action, and he is sure it was only a method of expediting the routing. COUNCILMAN MORGAN stated in regard to the item of improvement of streets as presented by Mrs. Richards, he would like to see the Engineer study what the City of Chula Vista does regarding streets. Moved by Morgan, seconded by Hart, the City Engineer make a study and report to the Council next week concerning Chula Vista's procedure of street and sidewalk handling. Carried by unanimous vote. VICE MAYOR ALLEN again made reference to the amendment to the motion made May 1st by Councilman Morgan. Moved by Allen, we rescind this amendment to the motion and re -word it so it will not preclude parlia- mentary procedure. Motion died for lack of a second. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Gas Tax Fund Trust & Agency Fund Drainage Fund Park Construction Fund Payroll Fund $ 17,622.79 1,349.16 1,027.47 4,591.16 193.22 128.97 7.92 2,089.68 26.00 53,538,99 TOTAL $ 80,575.36 Moved by Allen, seconded by Colburn, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 5/15/62 389 RESOLUTION NO. 8116 was read, authorizing and approving the expendi- ture of $36.25 to ADVANCED TESTING LABORATORIES, INC., for compaction and sampling tests on Alterations & Additions to the Community Build- ing. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. WITHDRAWAL OF THE TWO NON COUNCIL MEMBERS ON THE BAY COMMITTEE was presented. MAYOR GAUTEREAUX stated this was his recommendation of last week and it was carried over by motion and it is now a tabled item, and it would be in order it be taken from the table. Moved by Allen, seconded by Colburn, the Mayor's recommendation be approved. COUNCIL- MAN COLBURN asked how the members would be replaced. MAYOR GAUTEREAUX stated they would be replaced, if the motion carried, by two members of the Council being appointed to the Bay Committee, and the Committee will stand as a study committee until such time as the individual cities feel it is no longer of benefit from the standpoint of study, and then they would be eliminated at that time. Motion lost by the following vote to -wit: Ayes: Alien, Gautereaux. Nays: Colburn, Hart, Morgan. COMMUNICATION FROM R. SAN MARTIN was presented, stating he would be willing to continue his present operation if the City wishes to extend his contract under the present conditions. Moved by Allen, seconded by Colburn, the communication be referred to the City Manager and the City Attorney in the preparation of the drawing up of the possible outlay for accepting contracts for trash and garbage disposal. Carried by unanimous vote. COMMUNICATION FROM SAN DIEGO COUNTY TRAFFIC SAFETY COUNCIL requesting allocation of funds from our 1962-63 budget, was presented, and ordered filed by unanimous vote. COMMUNICATION FROM CHAMBER OF COMMERCE requesting $18,000.00 be set up in the budget for advertising purposes, was presented and referred to the Budget Committee by unanimous vote. COMMUNICATION FROM VETERANS OF FOREIGN WARS was read requesting Coun- cilman Hart, who is a member, to represent the City at the Veterans Memorial Day Services. Moved by Alien, seconded by Morgan, the request of the Veterans of Foreign Wars be approved. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Morgan, Gautereaux. Nays: None. Councilman Hart abstained from voting. REPORT OF CITY TREASURER for the period ending April 30, 1962, was pre- sented. Moved by Allen, seconded by Hart, the report be accepted and filed. Carried by unanimous vote. 5/15/62 390 COMMUNICATION FROM CHAMBER OF CJMMERCE was presented, thanking the Council for the Clean-up Campaign on April 28th. The communication was ordered filed by unanimous vote. REPORT FROM THE FINANCE COMMITTEE of their meeting of May 9th was read, stating a general discussion of firemens' duties and pay in this and comparable cities was held. Mayor Gautereaux explained he would per- sonally advocate adjustments in pay if the money is available. The Committee made and adopted a motion that the proposals presented by the Fire Department representatives be taken under study and given the utmost consideration. Moved by Morgan, seconded by Hart, the report be referred to the Budget Committee, at their next meeting. Carried by unanimous vote. REQUEST OF M. S. BRIGGS, Foreman, Street Dept., to attend Western Regional Conference and Equipment Show to be held in Long Beach, May 30, 31 and June 1, 1962, was presented. Moved by Hart, seconded by Morgan, the request be granted. Carried by unanimous vote. REQUEST OF AMERICAN FOREST PRODUCTS CORPORATION the name of American Forest Products Corporation be substituted for the name of Tarter, Webster & Johnson, Inc., was presented. ATTORNEY CARSTENS stated in regard to the request there is a matter he wished to investigate with the City Clerk and asked that the Council defer their recommendation on this until next week. Moved by Alien, seconded by Hart, the recom- mendation of the City Attorney be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS reported the relocation permit bond issued by Pacific Employers Insurance Company on behalf of Santos Avalos as prin- cipal, appears to be in proper form, and recommended it be filed. Approved by unanimous vote. ATTORNEY CARSTENS reported he had referred to him an easement from Highland Avenue Baptist Church for an easement ac oss their ropert te ea me in pr form and recommended �. Approve y unanimous vote. CITY ATTORNEY CARSTENS reported there has been referred to him a cer- tificate of insurance and a verification of insurance naming Kenneth H. Golden Company, et al, as insured. Upon examination of both docu- ments for liability insurance, property damage, broad form property damage, they appear to be in order and recommended they be filed. Approved by unanimous vote. ATTORNEY CARSTENS stated renewal certificates No. LA 65221 and 65222 insuring the San Diego Gas & Electric Company and the City of National City in regard to the lease of property on the tidelands, were referred to him. This is a renewal of insurance policies in effect for the past 5/15/62 391 three years; the certificates appear to be in proper order and conform with the original policies, and recommended they be filed. Moved by Allen, seconded by Colburn, they be given a document number and filed. Carried by unanimous vote. PETITION TO ANNEX "LEONARD STREET ANNEXATION,' was presented. loved by Allen, seconded by Morgan, it be referred to the Planning Commis- sion. Carried by unanimous vote. REPORT FROM PARK AND RECREATION ADVISORY BOARD was presented. The Board requests action for the Council to consider the present City owned land between 18th and 30th Streets on each side of Las Palmas park for public park. Moved by Morgan, seconded by Hart, this be referred to Director of Public Works Biggs for the cost to make this into a park, and also what it would cost for upkeep if it is a park. Carried by unanimous vote. REPORT FROM THE PARK AND RECREATION ADVISORY BOARD was presented, stating the Board wishes Council direction regarding the five year plan. The item was referred to the Budget Committee by unanimous vote. APPLICATION OF MRS. DOROTHY M. JAMES to move a building from 2439-41 Doyle Street, National City, to rear of 1849 E. 16th Street, National City, was presented. Moved by Hart, seconded by Morgan, the request be granted subject to compliance with the requirements of the Building Inspector and City Planner. VICE MAYOR ALLEN requested the reports of the Building Inspector and City Planner be read. REPORTS FROM CHIEF BUILDING INSPECTOR BIGGS and CITY PLANNER STOCKMAN were read, recom- mending the request be granted subject to certain requirements as enumerated in their reports. COUNCILMAN HART, with the approval of Councilman Morgan, amended their motion to include the building not be moved until the City Planner's recommendation regarding parking spaces can be checked to determine if the adequate off street parking can be provided. Carried by unanimous vote. COMMUNICATION TO CITY CLERK ALSTON FROM LEAGUE OF CALIFORNIA CITIES was read expressing appreciation for her part in the program at the City Clerks' Institute in Santa Barbara. The communication was ordered filed by unanimous vote. COMMUNICATION FROM AMERICAN LEGION was read, extending an invitation to attend a joint installation of officers of the Kenneth L. Blanchard Post and Auxiliary Unit #255, May 17, 1962, at 8:00 p.m. The commu- nication was ordered filed by unanimous vote. COMMUNICATION FROM MAYOR GAUTEREAUX was read, requesting permission to attend the seminar for new Mayors and Councilmen sponsored by the League of California Cities, May 20th thru May 22nd. Moved by Hart, 5/15/62 392 seconded by Morgan, the request be granted. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan. Nays: None. Mayor Gautereaux abstained from voting. COMMUNICATION FROM ROBERT O. CURRAN, ATTORNEY, Re: Baker vs. Cagle, was read. The above entitled action was filed in the Superior Court of San Diego County on or about June 6, 1961. It seeks an order of court compelling Walter E. Cagle, as the Chief of Police of National City, to certify and transmit to the City Council payrolls showing that members of the Police Department have worked overtime since July 1, 1952, for which they have received neither compensating time off nor compensation. The petition is certified under penalty of perjury by Richard E. Gautereaux. It should be noted not all members of the Police Department have joined in the petition. The case was duly set for trial on March 7, 1962, and in an effort to cut down the time necessary to try this case, the attorneys for the respective parties met with Chief Cagle and requested he compile certain information from the rcrordin his orrice. Chief Cagle cooperated fully and supplied the information requested to each of the attorneys. Among other things, this information showed the amount of overtime worked by Richard E. Gautereaux. Because of the termination of Mr. Gautereaux's employment as a police officer, his attorney has sought to place Mr. Gautereaux's claim for a total sum of $950.00 in a different category from that of the other petitioners who remain on the police force. Accordingly, it became clear Mr. Gautereaux would have to be interro- gated under oath in court regarding his claim for overtime. Inasmuch as Mr. Gautereaux at the time was conducting a campaign for mayor of National City, Attorney Curran stated he and the attorney for the petitioners agreed it would not be fair for Mr. Gautereaux to have to be subjected to such an examination during the time the campaign for mayor was being conducted; therefore, a court order was made continu- ing the trial until after the election. The case came for trial on April 18, 1962. After certain technical points of law were submitted to the court, it was determined the most which the petitioners might receive by way of a court order was that the Chief of Police would be compelled to certify to the City Council the number of hours of over- time work for the one-year period immediately preceding the filing of the action, that is, from June 6, 1960, to June 6, 1961, and any claim for certification for overtime work prior to June 6, 1960, would be barred by the statute of limitations. Since case payments have been made to members of the police force for overtime work not compenp sated for by time off since October 1, 1960, this means the certificate would be effective for a period of only the months of June, July, August and September in 1960. Confronted by this situation, petitioners' 5/15/62 393 attorney requested continuance of the trial in order to consult with petitioners regarding whether he should proceed with this action or whether he should voluntarily dismiss it. The attorney for the police officers now suggests that not only this action, but all claims of the parties he represents should be settled by the City of National City agreeing to pay the sum of $8,257.88. This sum represents the com- puted value of the overtime claimed by his clients for the three-year period immediately preceding the filing of the petition. The computed dollar amount of all claims for the period commencing July 1, 1952, is alleged to be approximately $18,000.00. He has asked this be submitted to the City Council as an offer of compromise. It is clear there is serious legal question as to whether or not the City Council has the authority to enter into such an agreement to pay the sum of $8,257.88, should it desire to do so. The case is set for further hearing on May 17, 1962. VICE MAYOR ALLEN asked City Attorney Carstens if he has talked to Mr. Curran in regard to this. ATTORNEY CARSTENS stated there has been some conversation with Mr. Curran, but only on a very limited basis, and has not had the opportunity to delve into it, and at this time would be in no position, personally, to make an opinion as to the legality of the petition involved in this suit. Attorney Carstens said Mr. Curran indicated to him the last time he talked with Mr. Curran he would write a letter explaining his position, so the information available at this time regarding the compromise is that contained in the letter. Moved by Allen, seconded by Colburn, the City Attorney be instructed to make the appearance on May 17th and see if he could get this laid over until such time as he could study it in order to be able to carry on for the City in regard to this case, and to report to us as soon as possible, what can be done on the statement it is clear there is serious legal question as to whether or not the City Council has the authority to enter into such agreement. COUNCILMAN MORGAN stated the Mayor has money due him from the City of National City and the City Attorney would represent the Mayor, and wondered if it would not present a rather awkward position. MAYOR GAUTEREAUX stated his part of it has been deleted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. MAYOR GAUTEREAUX stated the paragraph which was read concerning his over- time during this period, pointed out by Mr. Curran in this communica- tion; he believes Mr. Curran has made a wise observation and Mayor Gautereaux stated he will be happy to appear before a court under oath as to his overtime as documented in the Police Department that has been with the approval of the Chief of Police during the period of time which was the murder investigation of Mary Lou Olson. 5/15/62 394 REPORT OF AUDITORS CECIL H. HILL AND JOHN C. RIGNEY of amount of cash on hand and in banks at the close of business on April 17, 1962, was presented. ACTING CITY MANAGER OSBURN stated a copy of the audit will be on file in the City Clerk's office. Maned by Allen, seconded by Morgan, the audit be given a document number and filed with the City Clerk. Carried by unanimous vote. ACTING CITY MANAGER OSBURN announced the meeting of the County Divi- sion of the League of California Cities, May 18th at the El Cortez Hotel, San Diego; National City is the host city. VICE MAYOR ALLEN -stated we did, in the last two instances, invite Chairmen of Commis- sions and Commissioners who would be interested in attending the din- ners when National City was the host to augment the number of people from National City. Moved by Allen, seconded by Colburn, we make the same invitations as we have when we have been the host city; to Com- missioners as well as the elected City officials. Carried by unani- mous vote. VICE MAYOR ALLEN stated due to the fact the speaker is Bud Carpenter, Executive Director and General Counsel, League of California Cities, in checking National City at the present time we do not have a restaurant which would accommodate the expected repre- sentation at the dinner, that is the only reason why it was not recom- mended the dinner be held in National City, DIRECTOR OF PLANNING STOCKMAN stated on April 10, 1962, the former Council adopted Resolution No. 8097 which gave notice of a public hear- ing on Milliams Annexation" to be held at 2:00 p.m., May 22nd. By motion of the present Council the fourth meeting of each month will be held in the evening. Mrs. Stockman said she would like direction from the Council as to the action desired regarding the hearing. After considerable discussion it was moved by Hart, seconded by Colburn, the City Council hold the hearing at 2:00 p.m. on May 22nd. ATTORNEY CARSTENS stated it would be proper to have the Council meet at 2:00 p.m., have the hearing and complete the matter, and then adjourn the continuance of the rest of the Council business until 7:30 p.m. Carried by unanimous vote. ED. INGALLS, Member of the School Board, was present and stated he would request the City's Recreation Committee consult with the various school boards regarding their request that the City Council consider the use of the land between 18th and 30th Streets on each side of Las Palmas Park, so the two bodies will not be working at cross purposes. MAYOR GAUTEREAUX asked this be included in the routing of this item to the Director of Public Works. 5/15/62 395 Moved by Morgan, seconded by Allen, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:20 p.m. ATTEST: //facc.4,14:(1bk/ OR, CITY OF NATIONAL CITY,/ CALIFORNIA CITY CLERK 5/15/62