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HomeMy WebLinkAbout1962 06-19 CC MIN436 National City, California, June 19, 1962 Regular meeting of the City Council was called to order by Mayor Gautereaux at 1:30 p.m. o'clock. MAYOR GAUTEREAUX introduced Charles J. Hess, the new City Manager. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADiINISTRATIVE OFFICIALS present: Alston, Biggs, Cagle, Carstens, Foster, Gautereaux, Hergert, Hess, Kerr, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by Rev. Newburn of the First Methodist church. Moved by Hart, seconded by Colburn, the minutes of the regular meet- ing of June 12, 1962, be approved. Carried by unanimous vote. Moved by Allen, seconded by Hart, the minutes of the adjourned meeting of June 12, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. 8128 was read, RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED 'LEONARD STREET ANNEXATION', AND GIV- ING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO". Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8129 was read, "FINDING AND DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (Lischeid Annexation)". Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8130 wa ead, accepting easement from First Christian Church, and f Clifford B. and Lydia R. Hewitt. Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried, by the following Hart, Morgan. RESOLUTION NO. vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: 6//>-6//e . 8131 was read "RESOLUTION PROCLAIMING JUNE 29, 1962, TO JULY 8, 1962, AS SAN DIEGO COUNTY FAIR WEEK". Moved by Hart, sec- onded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8132 was read, amending the map of proposed streets of major importance, and is amended to include the following streets: "Plaza Boulevard from Highland Avenue to the East City Limits." "Highland Avenue from Thirtieth Street to the South City Limits." "All portions of Sweetwater Road as shown on Road Survey No. 1323 on file at the Office of the County Surveyor of San Diego County within the City Limits of National City." Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. 6/19/62 437 ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'WILLIAMS ANNEXATIONN' TO THE CITY OF NATIONAL CITY", was presented for the first reading, and read in full. ATTORNEY CARSTENS stated with regard to the real estate escrow involv- ing the Hewitt Brothers exchange is about ready to close at this time. A requirement the City put into escrow certain funds for payment of title fees, escrow costs, etc. has just been met and there is an amount of $279.59 which will be required to be paid by the City to take care of it. Also the escrow company has asked the Council supply to them, in letter form, an indication of their approval of the escrow, and they have submitted a letter which would satisfy the purpose. Attor- ney Carstens recommended the Council authorize the City Manager to pay the costs of $279.59, and also authorize the Mayor to execute the letter of acknowledgment the title company has requested. Moved by Alien, seconded by Colburn, the recommendation of the City Attorney in regard to Hewitt Brothers National City escrow be approved. Car- ried, by the following vote to-wit:%eKKilen, Colburn, Gautereaux. Nays: Hart, Morgan. CITY CLERK ALSTON stated we are paying the last bills of the month today, and if the $279.59 for the escrow costs, etc. must be paid before the next payment of bills in July, she would like authorization to do so at this time. Moved by Allen, seconded by Colburn, the City Clerk be authorized to draw a warrant for the amount of the expenses of the escrow between Hewitt Brothers and National City. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. ATTORNEY CARSTENS stated with regard to the First Christian Church escrow, he has been informed by the escrow office all the requirements of the City have been met, including the Resolution adopted by the Council today. The escrow should be closed at any time. ATTORNEY CARSTENS stated there was referred to him last week a matter which was brought up by Mrs. Richards during oral communications in regard to the possibility of having successive readings of ordinances and Planning Commission matters involving annexations read first at a day meeting and then at an evening meeting, or vice versa. Insofar as ordinances in general are concerned there is no requirement involving time limits other than the second reading of the ordinance be more than five days after the first reading, with the exception of emergency ordinances. If it was the desire of the Council the first reading could be arranged so it would be read at the last meeting of the month, which is a night meeting and the second reading at a sub- sequent day meeting. There may be some practical problems involved 6/19/62 438 caused by a delay, but there is no legal reason. Moved by Allen, sec- onded by Morgan, we do not make any particular changes in this agenda we are working with at the present time until we definitely change the ordinance or definitely decide on a regular evening schedule. Carried by unanimous vote. ALBERT GIORDANO, 1715 S. 43rd Street, National City, was present and stated about three years ago he asked to have a particular piece of property prepared so it could be subdivided and he could build units on it. At the time the Planning Commission thought it would be desir- able to cut one lot off of the subdivision and if it was broken down there would be 15 lots; their reasoning being there may be a road some day going through the property. Mr. Giordano said he has been trying to subdivide the property, but because of this particular situ- ation he has been unable to get any loans. Mr. Giordano said he did not feel there is any good reason for cutting off the one lot. After considerable discussion, it was moved by Morgan, seconded by Hart, this problem be referred to the City Manager, City Engineer and City Planner, with the approval of the. Council to go ahead and authorize the dubdivision to go through without leaving the lot, if it is their recommendation. Carried by unanimous vote. KENNETH BOULETTE, 2435 "L" Avenue, was present, and stated on behalf of the National City Flower Show Committee, who have just appointed him Director of the Show, he wished to extend an invitation to the Council and all City officials to participate with them in viewing the show 'ibis coming weekend, Saturday and Sunday, June 23rd and 24th; also extended to Mayor Gautereaux to attend between 4:00 and 5:00 p.m. on Sunday to officiate in the presentation of awards to the winners of the various sections and all trophies with the exception of the Ira Harbison Memorial Award which will be presented by the Kiwanis Club. E. H. ALSDORF, 2105 "J" Avenue, was present, and stated at the last meeting there was a reference made of a city hall to the Planning Commission; a few months ago we had an election to provide $750,000 for this work and it did not pass. Mr. Alsdorf suggested the Council rescind the idea of getting money from the Federal Government and pro- ceed to make plans for what you require in a city hall and a location and put it on the November ballot. Mr.. Alsdorf stated with regard to the Hewitt property it has been suggested perhaps some of the real estate men on the Council overlooked something about the amount of the trade; Mr. Alsdorf said he went with Councilman Alien and looked at the property and he was convinced we are pretty close, but he would say we are losing $15,000 to $25,000 on the trade. 6/19/62 439 COUNCILMAN HART stated he received a call from Mr. Donovan, 1623 "F" Avenue, and the area has petitioned for 1911 Act Improvement and he has built a new home and did not ask for a waiver of sidewalks and curbs and he cannot get a final inspection on his building. Moved by Hart, seconded by Colburn, he be issued a final inspection. Carried by unanimous vote. Moved by Morgan, seconded by Gautereaux, we put on the next agenda the three newspapers be furnished with copies of the agenda. Carried by unanimous vote. COUNCILMAN MORGAN reported the press stated last week that on very rare occasions are there unanimous votes by the Council members, and Mr. Morgan stated he checked the minutes of the last meeting and he found he had voted 4 "noes", three of which both he and Mr. Hart voted "no" and one time he was the only one voting "no", and there were 17 unani- mous votes last week. MAYOR GAUTEREAUX recommended the appointment of A. Jerauld Oliver, 2805 "N" Avenue, to the vacancy on the Civil Service Commission. Approved by unanimous vote. COUNCILMAN MORGAN, Chairman of the Real Estate Committee, announced the meeting of the Committee for Friday, June 22nd at 10:00 a.m. COUNCILMAN COLBURN, Chairman of the Finance Committee, stated the Com- mittee will hold a meeting following a 15 minute break at the close of the Council meeting. MAYOR GAUTEREAUX stated he had occasion to attend the Lions Club dedi- cation ceremonies last Saturday at Las Palmas Park of the playground equipment they have contributed to the City of National City and the people and the children over the period of the past two years. At this time a proclamation was given to him by the President of the Lions Club, and he accepted the equipment on behalf of the City, and would like permission to write a letter to the Lions Club, officially, thank- ing them for what they have contributed in the development of this park that has been solely as the result of their hands, labor and monies donated during the past two years. Approved by unanimous vote. MAYOR GAUTEREAUX stated he had the occasion to officially attend the dedication ceremony of the First Baptist Church last Sunday evening, and in attendance were several of the Council members and a group of our employees; and requested permission to write a letter congratulating the members of the First Baptist Church on their dedication of the new church in our city, and thanking them for the past assistance they have given us during the past years, not only in the Council Chambers by the Minister, Rev. Clark, but in other areas they have assisted. Approved by unanimous vote. 6/19/62 440 MAYOR GAUTEREAUX §tated last week a motion was made the Fort Bill 41 be laid over until such time as the Mayors have met. The Mayors met at the Board of Directors meeting with the League of California Cities and took certain action at the meeting which was a record of delaying• the Port Bill until such time as studies could be made and requirements of the Board of Supervisors asking them not to call the election until such time as the resolutions that had been previously passed by indivi- dual cities be given consideration. Mayor Gautereaux stated he feels personally this is a delaying measure, the responsibility lies with each one of our cities and the Council, and he believes the action taken by tie Chula Vista Chamber of Commerce last week favoring the Port Bill is a step in the right direction. Mr. Gautereaux stated he feels the fact we have resolved by this Body in asking the Board of Supervisors to officially call the election and making certain studies and their answer to us as to what areas they have a discretionary area in, and also identifying those areas they were strictly in a ministerial position. Moved by Gautereaux, seconded by Colburn, we adopt a resolu- tion, clearly stating and calling for the election as provided in enabling legislation in Port Bill 41, upon the Board of Supervisors asking the election be called and the people of this City have an opportunity to vote on the matter. Carried, by the following vote to - wit; Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 25,892.97 Traffic. Safety Fund 1,970.26 Park Fund 1,140.51 Retirement Fund 4,560.10 Harbor Fund 25,806,94 Gas Tax Fund 408,00 Trust & Agency Fund 1,025.00 Drainage Fund 191.08 Park Construction Fund 814.39 Payroll Fund 50,985.16 TOTAL $112,794.41 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. RESOLUTION NO. 8133 was read, approving the expenditure of $6.50 from the Capital Outlay Fund to Advance Testing Laboratories, Inc. for laboratory tests for Community Center Building. Moved by Allen, sec- onded 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. REPORT OF CITY ENGINEER relative to flood control was presented. Moved by Allen, seconded by Hart, it be extended another two weeks. Approved by unanimous vote. 6/19/62 441 OVERTIME IN POLICE DEPARTMENT for the fiscal year was presented. Moved by Morgan, seconded by Allen, we pay the overtime created in the fis- cal year 1961-62. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. REPORT relative to lot 100' x 135' for moving in of houses from the Naval Station was presented. COUNCILMAN MORGAN stated as Chairman of the Real Estate Committee, he talked to Mrs. Thornburg and explained his feelings regarding the moving in of the houses. It was recommended by the Real Estate Committee to set a minimum price for the property, and it has never been the policy of the Council to sell this land in any parcels less than two acres, and as Chairman of the Committee, Mr. Morgan said he was not in favor of setting a price on the property. Moved by Allen, seconded by Colburn, the recommendation of the Chair- man of the Real Estate Committee be approved. Carried by unanimous vote. REPORT FROM CITY ATTORNEY regarding communication from Mr. Bell per- taining to City Ordinance was presented. ATTORNEY CARSTENS stated the request was made for issuance of a business license for a motorcycle sales and service establishment on Highland Avenue, and a review of the Ordinance revealed no place in the Ordinance are the words "motor- cycle" or "motorscooter" or similar words used. It was the recommenda- tion of the City Attorney to amend the Ordinance to include the words "motor vehicle" with the definition adopted in the Motor Vehicle Code which will conform to the State of California definition and then amend the Ordinance appropriately so the words "motor vehicle" would be substituted for the word "automobile". Mr. Carstens said they are possibly other amendments which could be made in Ordinance 962. Moved by Allen, seconded by Colburn, the changes in the Ordinance as recom- mended by the City Attorney in conjunction with the Director of Plan- ning be approved. Carried by unanimous vote. REPORT FRQ'4 DIRECTOR OF PUBLIC WORKS AND CITY ATTORNEY on request of Donald R. Thompson in regard to house moving fees, was presented. Moved by Morgan, seconded by Allen, we approve the recommendation of the Director of Public Works. Carried by unanimous vote. ATTORNEY CARSTENS stated with reference to the matter of abstentions, as yet he has not received any answer from the League of California Cities; however, review of the law would confirm what was stated last week; there is nothing illegal, unlawful or improper for a Councilman or Mayor abstaining from voting; however, it is definitely recommended by all authorities all Council members vote whenever possible. The general law requires there be a quorum present, and a quorum in the case of the City Council would be three members, In order to adopt a 6/19/62 442 resolution or ordinance it requires there be a majority vote of the quorum vote in favor of the resolution or ordinance. There is also the provision an abstention is not a vote against the proposition, so if there were four Council members present and two abstained from vot- ing and two voted for it, then the motion would carry, because the two abstentions would not count against it and the two ayes would carry. The law is clear an abstention is not a vote against, by the same token it is not a vote in favor, it is no vote, it is not counted at all, and in determining whether or not a majority vote was cast is also not included, so, therefore, the vote must have the majority of the quorum. COMMUNICATION FROM CITY ENGINEER FOSTER regarding Sewer Construction in and near San Diego Freeway, was presented. It was the recommenda- tion of the City Engineer the work be accepted and a Notice of Comple- tion be filed. Moved by Alien, seconded by Morgan, the recommendation of the City Engineer be approved and referred to the City Attorney for a resolution. Carried by unanimous vote. COMMUNICATION FROM CHAMBER OF COMMERCE relative to the Diamond Jubilee Celebration, was presented. Moved by Morgan, seconded by Hart, we authorize setting up the park for a party for the 75th Anniversary Celebration. COMMUNICATION FROM CHAMBER OF COMMERCE was read, stating they would like to suggest the City Council enter into the 75th Anni- versary Celebration by honoring the oldest living mayor of National City at the City Council meeting on September 4th. Councilman Morgan, with the approval of Councilman Hart withdrew their motion. VICE MAYOR ALLEN stated he has checked and the first Mayor of National City was Harold Requa, who is still living and a resident of National City, and whether he is the oldest in age to Mr. Fred Thatcher he did not know; but when it went from Chairman of the Board of Trustees to Mayor, Mr. Requa was the first Mayor. Moved by Allen, seconded by Hart, we approve of the Chamber's recommendation, and we also ask them which Mayor they want. MRS. SHERMAN, Manager of the Chamber of Commerce, was present and stated they mean the first Mayor in office. VICE MAYOR ALLEN with the approval of his second, withdrew the motion. Moved by Allen, sec- onded by Morgan, the recommendation of the request of the Chamber of Commerce be approved. Carried by unanimous vote. COMMUNICATION FROM ELLEN BAEDER, Librarian, regarding removal of bicy- cle rack from library parking lot to another location was presented. Moved by Hart, seconded by Allen, the recommendation of Mrs. Baeder be approved. Carried by unanimous vote. COMMUNICATION FROM MUNCE & KENNEDY, Architects and Consulting Engineers regarding world-wide survey into city planning and urban renewal was 6/19/62 443 presented, and referred to the City Manager by unanimous vote for a report. COMMUNICATION FROM CITY MANAGER HESS appointing all subordinate offi- cers presently desigpated in the City of National City to continue in their respective popitions, was presented, and approved by unanimous vote. COMMUNICATION FROM JOHN GILMORE, General Chairman 75th Anniversary Com- mittee requesting permission to use Las Palmas Municipal Swimming Pool and Kimball Park Bowl. Moved by Morgan, seconded by Hart, the request be granted and the park be set up for the Fiesta. VICE MAYOR ALLEN stated he thought the Park Supt. should be instructed to set up the Park. Councilman Morgan, with the approval of Councilman Hart, amended the motion} to include the Park Supt. be instructed to set up the Park , if it does not interfere with something he has scheduled for that time, Carried by unanimous vote. REQUEST OF JOHN T. WRIGHT for refund of $25.00 performance bond, was presented. Moved by Alien, seconded by Morgan, the request be approved. Carried by unanimous vote. PETITION FROM PROPERTY OWNERS making application to the City of San Diego for deannexation from San Diego upon approval of annexation to City of National City, of territory between Division Street and Mari- posa Street, was presented. Moved by Alien, seconded by Hart, the petition be accepted and referred to the City Planner, City Manager and City Attorney. Carried by unanimous vote. CITY CLERK ALSTON stated Items 9, 10, and 11 on the agenda all pertain to the moving of buildings by Donald R. Thompson to Norton Avenue. VICE MAYOR ALLEN stated it has been taken care of by a report received from the Director of Public Works. Moved by Allen, seconded by Hart, they be approved. Carried by unanimous vote. COMMUNICATION FROM CITY ENGINEER FOSTER regarding opening of 24th Street east of Palm Avenue, was presented. Moved by Allen, seconded by Hart, it be disregarded. Carried by unanimous vote. REQUEST OF GEORGE W. COLVIN for refund of $25. performance bond, was presented. Moved by Hart, seconded by Morgan, the request be granted. Carried by unanimous vote. REPORT OF HEARING OFFICERS on 1911 Act hearing on Grove Street from 16th to 18th Streets, was presented. Moved by Morgan, seconded by Hart, the report be approved and the project proceed under the 1911 Act Improvement Procedure. Carried by unanimous vote. COMMUNICATION FROM J. DEKEMA, DISTRICT ENGINEER, Division of Highways, was read, extending an invitation to any members of the Council who 6/19/62 444 would like to participate in a workshop regarding highway beautifica- tion; to be held at Balboa Park, Tuesday, September 18, 1962 at 10:00 a.m. PETITION FOR IMPROVEMENT OF PLAZA BOULEVARD was presented. CITY ENGINEER FOSTER read the petition which called for type "G" curbs on Plaza Blvd. from Palm to Harbison; and it is anticipated the City will bear the cost of the center 24 feet of paving on the 64 foot travelway. REPORT FROM CITY ENGINEER FOSTER was read, stating the petition includes 67.4% of the frontage of the private owners and 56.7% of the frontage of the total owners. There are 2 pieces of right of way as yet which have not been obtained. It was the City Engineer's recommendation this project be built as petitioned except the center 24 feet not be improved at this time. Leaving the center 24 feet until later will leave space for future installation of water, gas and sewer lines. In the opinion of the City Attorney the project merits consideration and study. Moved by Morgan, the recommendation of the City Engineer to continue with this project of developing Plaza Blvd. be approved. COUNCILMAN MORGAN withdrew his motion. Moved by Hart, it be referred to the Finance Committee. COUNCILMAN HART withdrew his motion. Moved by Morgan, seconded by Colburn, we accept the petition as presented, and instruct the Engineer to go ahead with the 1911 Act on Plaza Blvd. from Palm Avenue to Harbison Avenue, and be referred to the City Attor- ney in case of condemnation. Carried by unanimous vote. Moved by Alien, seconded by Gautereaux, the communication from the Chamber of Commerce be acknowledged and they be notified of the action taken by the Council. Carried by unanimous vote. CITY MANAGER HESS stated with regard to the item of bids relative to the 37 two-story apartment buildings, he has a report from Housing Director Gautereaux in regard to the matter, as well as the accompany- ing bids. Santiago E. Gonzalez of National City bid $51.50 per building, but only was interested in five buildings, which amounts to $257.50. Jaoquin Sanchez of San Diego bid on all 37 buildings; however, his total bid embraced an amount of $777.00 for the entire 37. Miguel C. Foncerrado of Chula Vista was only interested in 10 buildings, bidding $101.00 for each building, giving an aggregate amount of $1,010.00. Subsequent to the bidding Mr. Sanchez and his partner Mr. Seyde came in and discussed the matter with Mr. Gautereaux and they said inasmuch as only 15 of the 37 buildings had been bid upon offering a higher figure than that which they offered; they were interested in making a flat offer to the City for the 22 remaining buildings. In view of the fact there has been a subsequent offer, as posed by Mr. Sanchez, in this regard, it was the recommendation of the City Manager it be referred to the City Attorney as to the legality of our acceptance con- cerning the offer made by Mr. Sanchez and Mr. Seyde; and he would 6/19/62 445 concur with Mr. Gautereaux's suggestions or observations in this regard, and the other two gentlemen who bid on the 15 specified buildings be given due consideration. Moved by Morgan, seconded by Hart, the recommendation of the City Manager in referring the matter of the bids to the City Attorney, be approved, and the City Manager be authorized to work out the details. Carried by unanimous vote. CITY MANAGER HESS stated he had an insurance policy for fire and extended coverage on City owned property; the policy is a $105,000 policy and this is one of five which we have, thus permitting to pay one -fifth of the policy each year, and recommended it be referred to the City Attorney, and upon his approval we authorize a warrant to be drawn for payment of same. Moved by Hart, seconded by Morgan, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS stated he wished to bring before the Council a matter regarding a proposed swap meet location by L. T. Derr. There has been some discussion relating to the matter in the past, wherein Mr. Derr has come into the City offices to discuss his proposal. At that time there was a little apprehension, or at least consideration as to what he had in mind relating to the security factor, thinking in terms of leasing swap meets; what controls there would be to establish the type of merchandise sold, and what record would he maintain thereof. Mr. Hess stated he discussed the matter with Mr. Derr yesterday, and he provided Mr. Hess with a great deal of information which he had acquired at Paramount, Calif. where they apparently have a gigantic swap meet, and according to Mr. Derr these people were the first to form any legis- lation directly applicable to swap meets, the way of controls, the col- lecting of fees, etc. Mr. Derr gave the City Manager data which he received at Paramount which are copies of their municipal code. Based on the fact, Mr. Derr now stated he would like to work out an arrange- ment whereby he could lease the activities at the swap meet; that is he would set up a ministrative procedure whereby he would provide the City with copies of sales slips relating to items the Police Dept. might have an interest in, and also he would be responsible for the administration at the swap meet relative to the securing of license fees, this in anticipation of the possibility we might formulate legis- lation here to amend existing ordinances relative to licensing proced- ure. Mr. Hess stated he has prepared a letter which he would like to refer to the City Attorney for his consideration as to the feasibility of our amending existing ordinances, generally along the lines that have been adopted in Paramount, Calif., and which supposedly are work- able as to the licensing of the people at the swap meets. Mr. Hess 6/19/62 446 said he personally thinks this has merit and we should consider the feasibility of looking ipto our ordinances to see if we should not embrace matters of this sort which are not clearly defined in the cur- rent statutes. MAYOR GAUTEREAUX stated he thought it would be wise to point out action taken by Mr. Derr concerning withdrawal and deannexing his property from the City of National City. MR. HESS stated Mr. Derr has initiated deannexation proceedings whereby he would like to deannex himself from National City, and thereby establish himself as a County resident; the reason,behind it is he would not have to have licenses for the participants in the County, whereas he would have to have them in the City; and the reason he initiated the deannexation proceedings, according to Mr. Derr, is he felt the current legislation was cumber- some and practically precluded people from wanting to participate because it was a lot of trouble to get the business licenses which are required under current ordinances. With some considered thought and possible amendment of those codes we have now we could possibly allevi- ate the matter for him, or other persons interested in this type of enterprise, and make it easier for them to do business. Moved by Allen, seconded by Morgan, the recommendation of the City Manager be approved and that it be referred to the City Attorney, also a study of the ordinances in question be made and if changes are necessary in order to carry out not only this enterprise, but other enterprises that may be new since the time our ordinances have been adopted, be given study. Carried by unanimous vote. CITY MANAGER HESS stated he wished to call the Council's attention to the Council meeting of June 6th wherein there regarding trash collection negotiations. Mr. sion there was a motion the City Manager have view as many as possible who are qualified to tion, and then cut it down to two or three or motion was withdrawn. Ultimately there was a City Manager to advertise to negotiate and he was some discussion Hess stated on one occa- authorization to inter - handle the trash collec- less; however, the motion authorizing the proceed to interview the people and report his recommendation, as to whom he would recommend. Mr. Hess stated the City Manager's office would require a little more guidance here from the Council, if possible, so they may know exactly how many to "boil this down to". CITY MANAGER HESS stated he would like to know if the Council would like to have one final recommendation from him, with supplementary or secondary recommendations, or if you would like him to "boil this down" to three people or so. Moved by Hart, seconded by Alien, there be three chosen by the City Manager and the Council will interview the three he suggests. Carried by unanimous vote. 6/19/62 447 RESOLUTION NO. 8134 was read, authorizing the transfer of $38,000 from SPECIAL GAS TAX FUND to TRAFFIC SAFETY FUND; $52,000 from GENERAL FUND to RETIREMENT FUND. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. CITY MANAGER HESS presented an easement from Mr. Derr and recommended it be referred to the City Attorney for checking, and if he finds it to be acceptable it in turn be forwarded to the City Clerk for record- ing. Approved by unanimous vote. COMMUNICATION FROM ROBERT 0. CURRAN, Attorney, relating to California Water & Telephone Company litigation, was read, stating the District Court of Appeals has affirmed the judgment entered in favor of the City of National City made by Judge Dean Sherry against the California Water & Telephone Company. This judgment awarded to the City the $1,550 which the City had advanced to the Water Company in order not to hold up the improvement of Highland Avenue between 4th Street and 8th Street. The tpt=s claim of the company against the City in this case was $5,625..17 Thv opinion of the District Court of Appeals hold the Water Company does not have any claim against the City. The opinion of the District Court of Appeals is so sweeping that it should put to rest for all time any Claim the Water Company may assert against the City of National City for reimbursement by virtue of the so-called Kimball deed executed in 1869 in those cases in which the City desires to make an improvement of its streets and the Water Company's facilities will have to be moved in order to accommodate the improvement. The case will also dispose of the necessity of trying two other actions which are still pending in the Superior Court. In one the City advanced the sum of $2,290 in order to proceed with the improvement of Highland Avenue between 8th and 18th Streets. The best estimate of the total claim of the California Water & Telephone Company in this case was $4,580. In the other case the City advanced the sum of $10,250. to the Water Company at the time of the awarding of the contract for the Improvement of 8th Street between Sanitarium and "L" Avenue. The estimate given by the California Water & Telephone Company of its total claim in this case was $20,500. There is a remote chance the Supreme Court of California will grant the California Water & Telephone Company a hearing in this matter. If it does not, the City will forever be free of any further demands on it by the California Water & Telephone Company in relocation cost matters based upon the so-called Kimball deed. As soon as the decision of the District Court of Appeals becomes final, all sums paid by the City to the Water Company as advance for the cost of relocation of its facil- ities will be paid back to the City by the Water Company without the necessity of any further litigation. In addition the question whom 6/19/62 448 should pay the relocation costs on Tidelands Avenue in the sum of $1,200 has been resolved in favor of the City. This decision means the City has to pay nothing towards the total $29,615.17 claimed by California Water & Telephone Company and it is entitled to receive back the sum of $14,090 which it advanced to the Water Company subject to reimburse_, ment after proper Court proceedings. CITY MANAGER HESS stated he feels no action is necessary at this time; however, he suggested he place the matter on tickler so we follow it to see if there are any additional proceedings. Moved by Allen, seconded by Hart, the letter be ack- nowledged thanking Mr. Curran for his consideration in following through on this matter. Carried by unanimous vote. CITY CLERK ALSTON stated last week the Council appointed a permanent City Attorney and a City Manager, but failed to state their salaries in the appointment, MAYOR GAUTEREAUX stated the salary as arrived by the Council in the appointment of Mr. Hess is $13,200 a year; the salary as agreed by the Council inthetemporary appointment of Mr. Carstens was as previously prescribed, and he would recommend that a resolution be drawn and adopted setting forth these salaries as already specified. Moved by Allen, seconded by Colburn, the recommendation of setting forth salaries and contractual situation for both the City Manager and City Attorney be forthcoming to the Council. Carried by unanimous vote. MAYOR GAUTEREAUX stated the appointment of a Deputy City Attorney should be made and Mr. Carstens has suggested one of the members of his firm serve in the capacity, and it would be appropriate a Deputy City Attor- ney be named. ATTORNEY CARSTENS stated there would be no additional cost to the City, it will be a matter of convenience and additional service to the City to have a Deputy City Attorney, and the person he would recommend is William L. Todd, Jr., and would request the Council approve the appointment of Mr. Todd as Deputy City Attorney. Moved by Allen, seconded by Colburn, the request of the City Attorney be approved in regard to naming Mr. Todd as Deputy City Attorney, and a resolution be drawn to this effect and presented to the Council. Carried by unanimous vote. CITY CLERK ALSTON stated Vice Mayor Allen called and stated a letter should be written to County Administrator Heggland changing the name of the City*s Civil Defense Director to Charles J. Hess, and Mrs. Alston stated she would like Council action. Moved by Morgan, seconded by Hart, a letter be sent to County Administrator Heggland changing the name of the Civil Defense Director to Charles J. Hess. Carried by unanimous vote. 6/19/62 449 CITY CLERK ALSTON announced she received a certificate from the League of California Cities for completion of the course of instruction at the City Clerk's Institute held in Santa Barbara, April 25th to 27th. MAYOR GAUTEREAUX congratulated Mrs. Alston on receiving the certificate. REPORT FROM THE PLANNING COMMISSION was read, recommending the Alta Drive Annexation to the City of National City be accepted. Moved by Hart, seconded by Morgan, the recommendation of the Planning Commission be approved and referred to the City Attorney. VICE MAYOR ALLEN stated he would like the City Attorney to find out about the County Sanitation District, and would like to know if we can, or what the cut-off .date is we can accept these annexations and be able to withdraw them from the Sanitation District, if possible. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN stated Ordinance No. 962 provides that curbs, gutters and sidewalks shall.be installed concurrently with the structure or a waiver shall be granted by the Planning Commission if the installation would Cause a hazardous condition. Mrs. Stockman stated the gentleman the Council granted a waiver for today did not follow through. Whenever an application is secured for a building per- mit:in National City the stipulation is placed upon their plans. If the Council feels this is causing a considerable amount of trouble you could initiate an amendment to the Ordinance, repealing the section of the Ordinance and come up with some other stipulation if you feel this is delaying progress. MAYOR GAUTEREAUX stated he would like to see the matter studied further and identification of waivers, as the result of the action taken by the Council today, and the study be made by the City Manager, City Attorney, City Engineer and the Planning Commission, and report to the Council. Moved by Hart, seconded by Allen, the recommendation of the Mayor be approved. Carried by unanimous vote. RESOLUTION NO. 8135 was read, accepting Sewer Construction in and near San Diego Freeway, and authorizing the filing of a Notice of Completion. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. MAYOR GAUTEREAUX stated in regard to the presentation of the minutes by the Planning Commission, the Park & Recreation Advisory Board and the Civil Service Commission, they do come to us routed as minutes as recorded, and in these minutes there are specific requests oftentimes asking for councilmatic action and because of the nature of the min- utes these things are oftentimes overlooked; and it was the recommen- dation of Mayor Gautereaux from each of the Commissions in the compiling of their minutes if there is pertinent things they want councilmatic action and guidance, they be taken from the minutes and prepared in report form, possibly by the Manager, and submit it to the Council in 6/19/62 450 the agenda on those dates. Moved by Morgan, seconded by Hart, the recommendation of the Mayor on reports be approved. Carried by unani- mous vote. E. H. ALSDORF, 2105 "J" Avenue, was present, and stated he would like to know what,the recommendation of the Librarian, Mrs. Baeder, was in regard to parking of bicycles. MAYOR GAUTEREAUX stated Mrs. Baeder's recommendation was the relocation of the bicycle rack in the immediate vicinity. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:56 p.m. ATTEST: CITY' CLERK CI OF TIONAL CITY, CALIFORNIA 6/19/62