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HomeMy WebLinkAbout1963 07-09 CC MIN,411 National City, California, July 9, 1963 Regular meeting of the City Co'Incil was called to order at 1:30 p.m. by Mayor Gautereaux. Council members present: Allen, Hart, Morgan, Gautereaux. Council members absent: Colburn. ADMIIISTRATIVE OFFICIALS present: Carstens, Gautereaux, Hess, Ospurn, Stockman, Stratton. The meeting was opened with salute to the Flag by City Manager Hess, followed with invocation by 3, J, Gautereaux, Superintendent of Parks. MAYOR GALTEREAUX presented Patrolman George McMartin of the Police Department with a certificate for completion of a course in Police Administration. Moved by Hart, seconded by Morgan, the minutes of the regular meeting of July 2, 1963, be approved as mailed. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Gautereaux. Nays: Hone. Absent: Colburn. CITY ATTORNEY CARSTENS reported the power of attorney that was referred to him last week pertaining to APW 58-G (Casa de Salud) has been taken care of and there is no action to be taken. CITY ATTORNEY CARSTENS read a letter from Ray Kelly, General Counsel, Land Title Insurance Co., relative to the 16.3 acres of City land in the tidelands. City Attorney Carstens stated the condemnation suit had no affect on the title to the land and it would, therefore, belong to the Port District with other tidelands. CITY ATTORNEY CSTEPS stated relative to the Paris Theater, a similar matter was decided recently by the Federal Court in which Judge Carter ruled on the following points: The picture now showing is not obscene; a municipality cannot hinder the showing of the film to an adult audi- ence but can control minors. The Civil Code defines anyone over 21 as an adult. CITY ilAUAGER HESS said he had replies to his inquiries from Bakersfield and Los Angeles and apparently both cities have accepted the age limit of 13. Moved by Morgan, the City raise the age limit from 13 to 21. Motion died for lack of a second. ATTORNEY Coo:AIMS recommended, if the Council desires to set an age limit, the City Mana- ger, Chief of Police and himself be authorized to look into existing ordinances for preparation of an amendment, or set up a new ordinance to specify control of people under 21. Moved by Morgan, seconded by Hart, the recommendation of the City Attorney be approved. Motion died by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Gautereuax. Absent: Colburn. 7/9/63 1 ' %c CITY ATTORNEY CARSTENS stated the request from Silly I. Gentry that an assignment of monies due him be made to the 3ank of America, was re- ferred to himself. We are now waiting for a formal request from Mr. Gentry that this be executed. City Attorney Carstens recommended as soon as the request is received, he be given authority to prepare the necessary resolution authorizing the City to execute the assignment. Moved by Allen, seconded by Morgan, the City Attorney's recommendation be approved. Carried by unanimous vote. CITY ATTORNEY CARSTENS stated he has received certificates of insurance for John A. Brand relative to Metering Stations 1 and 2 and they meet the requirements of the contract and recommended they be filed. Moved by Allen, seconded by Morgan, the certificates of insurance be filed. Carried by unanimous vote. AL3ERT GIORDAN•IO, 1715 S. 43rd Street, was present and stated he has talked with the people who drew the plans for the new Civic Center and was informed the floor plan could :e used in any location, although the Basic “ork (retaining walls, etc.) could not. He said he could not see the feasibility of building at the proposed location and thought the Council should discuss it further before spending any more money. He also apoligized to Councilmen Hart and Morgan. E. H. ALSDORF, 2105 "J" Avenue, was present and stated he thoujht the items on the agenda should ee more complete. He also stated he had tried to find out from the City Treasurer how much it cost the City in legal expenses to protest the California Water & Telephone Co. rate in- crease and was told there wasn't any charge. Mr. Alsdorf said he found out the City Attorney was paid $2,2d1 last month for expenses and thought the City should spell out some of the thins that cost us money. KAY JL ADO, 247.E. Fifth Street, was present, and said she favored the location for the new Civic Center. ELIZ.aATH AMES, 1927 Granger Avenue,was present, and stated she wanted a chance to vote on the new Civic Center. E. H. ALSDORF urged the Council to do something about the sanitary fill at the Duck Pond before the winter rains come and flood some of the property. Moved by '11en, seconded by (Morgan, the City 'attorney re- search the matter to see if a condemnation on one or more pieces of property could he made for the >ublic good. Carried by unanimous vote. ETHEL JERDO, 2705 Wilma Street, was present and asked the following questions relative to Lower Sweetwater Local Fire District NO* I, .- annexattonT—; Will street lights be put in and how will they be fi- nanced? City Manager Hess stated the people can petition for them or the Council can authorize a survey to see where they are needed; they 7/)/63 are financed through the General Fund at no additional expense to the people. How are street improvements made? City Manager Hess replied the City may come in and rebuild a street at its expense or a 1911 Act may be set up when 51% of the people in en area request it. Mrs. Jerdo asked if the Council has a plan for recreation in Lincoln Acres. City Manager Hess stated if the County included the Park in the annexation, the City will set up a recreation program; if not, the Council would have to determine what recreation program would be needed and provide it. City Manager Hess said the annexation area would be patrolled by the Police Department, and the Fire 'department would 'oe maintained by the City and the full time employees blanketed into City Civil Service. CITY PLaNtra STOCKMAN stated, in reply to an inquiry regarding the Post Office, the General Postmaster in Washington said the matter would have to be studied after annexation to det::r,nine if the Post Office could be carried on as a sub -station of National City. LEE J. MOR AN , 231 !. 18th Street, was present and stated it was his understanding the last time he was at the Council meeting that as soon as he removed the tanks from Olivewood Housing property, the City would accept the whole job as complete. MAYOW GA,TEkEAUX said removing the tanks had nothing to do with the contract for removing the buildings and cleaning up the debris. CITY MHNA.icf: HESS stated the site has not been cleaned up satisfactorily in accordance with the contract. LEE MORG:;N stated he thought the area was cleaned and refused to do any more. Mr. Morgan asked if he had authority to move the tanks. MAYOR GAJTENEAUX stated unless he signs an addendum to the original contract, he does not have the authority. Moved by Hart, Mr. Morgan be given authority to rem.7ve the tanks without a performance contract. Motion died for lack of a second. Moved by Gautereaux, the City remove the tanks and require Hr. Morgan and the other contractors to clean up the area; if this is not done, the City clean the area and take steps to take action against the performance bonds. Motion died for lack of a second. Moved by Allen, seconded by Gautereaux, we remove the tanks and since the deadline is past for completion of the contract, we clean up the area and take what action is necessary against the performance bond if there is an area that we can take legal steps against. Carried, by the following vote to -wit: Ayes. Allen, Gautereaux. Nays: Hart. abstaining: Morgan. Aasent: Colburn. Moved by Morgan, seconded by Hart, the City Manager report on the mos- quitos at the 30th Street dump and check if the cesspool is dumping into the valley. Carried by unanimous vote. COMMUNICATION from Lions Club requesting use of Kimball Park ;owl each Sunday afternoon from 4:00 p.m. to 6:00 p.m., beginning July 14th 7/9/63 through Septemeer 1st, to present :musical entertainment; and requesting a bulletin board be erected near the entrance where events can be posted, was read. Moved by Morgan, seconded by Allen, the letter be referred to the Park Superintendent for his recommendation. Councilman Morgan, with the approval of Vice Mayor Allen, included in the motion that we accept this with the approval of the Park Su -Seri ntendent if it does not conflict with other activities. Councilman Morgan, with the approval of Vice Mayor Allen, also included approval of the bulletin hoard. Carried by unanimous vote. PARK SUdLRIF!TENDENT GAUTLEAUX asked if he could assign park labor that may be necessary to carry out this function. Moved by <llen, seconded by Morgan, the Park Superin- tendent be authorized to use city personnel on the project. Carried by unanimous vote. Communication from: Federal 3ureau of Investigation inviting Chief of Police Walter Cagle to attend the F3I National Academy beginning August 19th was read. MAYOR GAUTEREAUX stated the invitation has been accepted. Moved by Allen, seconded by Morgan, the communication be filed. Carried by unanimous vote. Communication from P. E. "Teak" Killion thanking the Council for the certificate presented to him was read and ordered filed by unanimous vote. MAYOR GAITEREAUX stated relative to a statement made by Mr. Alsdorf that he inquired of the City Clerk as to information a.out what it cost the City for the services rendered by the City Attorney in the Califor- nia Water & Telephone Co. hearings, he would like it understood by in- ference that if this is the type of information that cannot be obtained from City Hall, and at any time anyone has any speffic questions con- cerning any accounting of monies in this city that the figures be made available, and if they can't be made available, the Council take action to direct the appropriate person to make the figures available and recommended the City Manager prepare a report for Mr. Alsdorf's infor- mation on the amount of money spent by the city for legal services during the California slater & Telephone Co. hearings. Moved by Allen, seconded by Hart, the recommendation of the Mayor be approved. CITY CLERK STRATTON stated Mr. Alsdorf asked for the information at her office and she told him it was available but it would take three to four hours to get it. She explained they were shorthanded and asked him if he could wait, and he said he did'nt care as long as he got the information. Mrs. Stratton said she did not deny him the information. Carried by unanimous vote. CITY MANAGER HESS stated with reference to charging of fees for promo- tional sales by local businesses, he has checked with several other 7/9/63 cities and the information is as follows: San Diego's fee is based on attendance, with a minimum of $25 per day; La ?Mesa never had a circus; Chula Vista's fee is $250 per day after obtaining Council approval; and Imperial .each's fee is $50 per day after obtaining Council approval. Mr. Hess stated our ordinance is in line with other cities, but recom- mended the City Attorney and City Manager be authorized to bring in a tentative revision of the ordinance to exclude fees where admission fees are not charged to the circus. Moved by Hart, seconded by Allen, the City Manager's recommendation be approved. Carried by unanimous vote. CITY PL?.? NeR STOCKMAN stated she has contacted the City of San Oiego and the County of San Diego relative to re -naming national Avenue. Mrs..Stockman recommended the matter be laid over until the study can be completed, which will be after a public hearing before the Planning Commission, in accordance with the Government Code. Moved by Allen, seconded by Morgan, the recommendation of the City Planner be approved. Carried by unanimous vote. Application for Off Sale :3eer & dine license in the name of 3arbara A. and Roy D. Call,dba Call's Market, 1540 Coolidge, was presented. Moved by Allen, seconded by Hart, the application 'tie filed. Carried, by the following vote to -wit: Ayes: Allen, Hart, Gautereaux. Nays: ?lone. Abstaining: Morgan. Absent: Colburn. Application for Off Sale .seer & Wine license in the name of John W. and Mary E. Mordhorst, dba i'ordy's Market, 234 Highland Avenue, was pre- sented. Moved by :'Men, seconded by Hart, the application be filed. Carried, by the followin:° vote to -wit: 'yes: Allen, Hart, Gautereaux. Nays: .!one. Abstaining: Morgan. Absent: Colburn. CITY MANAGE : HESS stated • he has checked the developing "M" Avenue and found in 1957 deeds were prepared and sent to property owners but nothing was done by them. The City Manager stated the Highland Drain - ace Project (API 59G) is under construction in that area and will not create a drainage problem, but will alleviate any problems. City Mana- ger Hess recommended the property owners be re -contacted by the Plan- ning Department to see if they are willing to deed the necessary footage for "M" Avenue. Moved by Allen, seconded by Hart, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGE;; HESS stated he received a notice from the State Compensa- tion Insurance Fund stating because of our low accident rate, we will pay only 85% of the premium. Moved by Morgan, seconded by Hart, the notice be filed. Carried by unanimous vote. 7/9/63 CITY MANAGT R HESS stated he received a request from the Notional School District for rent-1 of a truck, driver and sans! spreader, for E.°.se on July 1')th, and recommended we allow the use. Moved by Allen, seconded by Morgan, the recommendation of the City Manager ie approved. Carried, by the following vote to -wit: Ayes: Allen, dart, Morgan, Gautereaux. Nays: done. Absent: Col;urn. Minutes of the Board of Directors of the San Diego County dater Author- ity meeting for June 13th, were presented and ordered filed by unanimous vote. CITY MANAGER HESS stated he has reviewed excerpts from the Dictionary of American Slang and recommended we sup:ort Mr. Rafferty in his fight to ban the hook. Moved by Alien, seconded by Hart, the City Manager's recommendation be approved and the City ^,ttorney prepare a resolution to this effect. Carried by enanim.)us vote. RESOLLJIOU NO. 8424, "RESOLOTION URGI9»G ACTION! 3Y SUPEkINTENDENT OF P93')L C INSTRUCTIOr, STATE OF C: LIFO: 9 -A, was read. Moved by ,lien, seconded by Hart, the resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan, Gautereaux. Nays: None. Absent: Col .?urn. CITY MANAG!:N HESS stated he received a letter from Public i-torks Direc- tor 3iggs relative to request of D. 9. Neff for refund of building per- mit fee and sewer permit fee. The construction project was cancelled and Mr. .3i g s recorniended a total refund of $342 be made to i'•1r. Neff. Moved by Alien, seconded by Hart, the recommendation of the Public Works Director be approved and the proper officers authorized to draw a warrant for same. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Gautereaux. Nays: lone. Absent: Col.;urn. CITY MANACEe HESS recommend(' a 35 mile per hour speed zone be set and signs erected on Plaza ;)ivd. between Palm and Harbison. Moved by Morgan, seconded ey Hart, the City Manager's recommendation ::e ap- proved. Carried by unanimous vote. CITY MANAGER HESS stated he had received a check for $23,500 as the total proceeds for sale of land to Webster Pontiac which will ee placed in the Civic Center Fund. CITY CLERK STRATTON stated when Mr. Alsdorf came into her office for information relative to the Attorney's expenses on the California '.Dater & Telephone Co. heari,gs, she did not deny him the information, ut explained to him there were no breakdowns on the Attorney's account, and it would take several hours for the information to :be collected. She asked him to wait until her office had more time in which to delve into the matter. Mrs. Stratton said she has never denied anyone in- formation. 7/9/63 CITY CLERK STR:TTO: presented Annual Report of Financial Transactions Concerning Cities of California, fiscal year I L(-62 which is on file in her office. 5ulletin from San Diego County Water Authority concerning meetings to .be held this week was presented and ordered filed by unanimous vote. DOH i.'E'.;ERE Y, f:ssociate Civil Engineer, stated the plans and contract documents for National Avenue, 24th Street to 30th Street, have been completed and requested permission to open bids on July 29th. Moved by Morgan, seconded by Allen, permission be granted. Carried by un- animous vote. Moved by Allen, seconded y organ, the report of Ol i vewood Housing be filed. Carried ?...y unanimous vote. Mr. E. H. Alsdorf stated he would like information reger ':i ng City Attorney's expenses on Vo different hearings involving California Water & Telephone Co. Movedoy Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:56 p.m. ATTEST: .,. c;6CZs"a CITY CLLi K i is, 0,1A a 7/)/63