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HomeMy WebLinkAbout1962 11-27 CC MIN220 National City, California, November 27, 1962 Regular meeting of the City Council was called to order by Mayor Gautereaux at 7:30 p.m. o'clock. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Carstens, DeHaven, Foster, Gautereaux, Hess, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by Rev. Keeble of the First Congregational Church. MAYOR GAUTEREAUX welcomed the people in the audience and invited them to participate in any deliberations. MAYOR GAUTEREAUX recognized former Councilman Ed. Ingalls who was present as a guest, and is to be considered for the member of the Port District. Moved by Allen, seconded by Colburn, the minutes of the regular meet- ing of November 20, 1962, be approved. COUNCILMAN MORGAN questioned the item regarding the payment by the City of taxes to the Metropoli- tan Water District, and said he did not understand the situation at that time, and it will increase the property taxes on the people of National City, and he would like to change his "aye" vote to a "no" vote. MAYOR GAUTEREAUX suggested this item be discussed under oral communications if Mr. Morgan so desired. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Morgan. Councilman Hart abstained from voting. RESOLUTION NO. 8246 was read, "RESOLUTION OF GRATITUDE TO THE MAYOR AND CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA". Moved by Morgan, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8247 was read, "RESOLUTION AUTHORIZING FILING NOTICE OF COMPLETION", relative to additions and alterations to the Community Center Building. Moved by Colburn, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux, Nays: None. Councilman Morgan abstained from voting. RESOLUTION NO. 8248 was read, "RESOLUTION OPPOSING ANY LEGISLATION WHICH PERMITS OR SANCTIONS THE USE OF PARTISDN POLITICAL LABELS BY CANDIDATES FOR MUNICIPAL OFFICE". Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8249 was read, "A RESOLUTION REVOKING RESOLUTION NO. 8244 OF THE CITY OF NATIONAL CITY". Moved by Allen, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. 11-27-62 221 RESOLUTION NO. 8250 was read, authorizing the payment of $2,389.68 to Robert A. Bradt, final payment on the Community Center Building, from the Capital Outlay Fund. Moved by Colburn, seconded by A11eny the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. ORDINANCE NO. , "AN ORDINANCE ATMiENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA", was presented for the first reading, and read in full. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED 'VAN NESS AVENUE ANNEXATION' TO THE CITY OF NATIONAL CITY", was presented for the first reading and read in full. ORDINANCE NO.�....,, regarding repeal of Ordinance No. 837 and regulat- ing grading, excavations, fills, and water courses, was presented for the second and final reading. Upon motion of Allen, seconded by Hart, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1052, "AN ORDINANCE OF THE CITY OF NATIONAL CITY REGU- LATING GRADING, EXCAVATIONS, FILLS, AND WATER COURSES, AND REPEALING ORDINANCE NO. 837". Moved by Alien, seconded by Colburn, the ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. ORDINANCE NO. , regarding "Alta Drive Annexation" was presented for the second and final reading. Upon motion of Colburn, seconded by Morgan, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1053, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED 'ALTA DRIVE ANNEXATION' TO THE CITY OF NATIONAL CITY". Moved by Hart, seconded by Morgan, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux, Nays: None. ORDINANCE NO. , an ordinance amending Ordinance No, 962, was pre- sented for the second and final reading. Upon motion of Colburn, seconded by Morgan, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1054, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA". Moved by Allen, seconded by Morgan, the Ordinance be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. 11-27-62 222 ATTORNEY CARSTENS stated two weeks ago he was authorized to negotiate with an appraiser for the appraisal of two pieces of property, known as the Fritz property and the Barber property. The appraiser was retained, as reported previously, and inasmuch as the Barber property was purchased without the requirement of going through condemnation, the City Attorney was directed to see what could be done about renego- tiating with the appraiser. Mr. Carstens stated they have reached a final agreement with the appraiser, subject to Council approval. The initial fee for making the appraisal, instead of being $700 will be $400, and the additional report, when and if we have to go to Court, will be $175 instead of $200, making a saving of $325 by excluding the Barber property. We have received a tentative commitment from the appraiser he will give us his report by December 6th, and assuming all goes well we would be able to obtain an order for possession of the property by December 7th. A letter of understanding has been sent to Mr. Sweeney, but Attorney Carstens stated he would like the Council's approval of the fees. Moved by Morgan, seconded by Allen, these fees be approved relative to the Fritz property. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux® Nays: None. ATTORNEY CARSTENS reported a Notice of Cancellation of Insurance for Pep's Kerosene & Distillate Service was referred to him by the City Clerk, and before we had an opportunity to investigate it he received a Notice of Reinstatement. It was the recommendation of the City Attorney the original Notice of Cancellation and Notice of Reinstate- ment be filed with the City Clerk. Approved by unanimous vote. ATTORNEY CARSTENS stated with regard to the civil action which has been filed by the various Police Officers of the City against the City of National City, he has been able to obtain a 30 day continuance from the attorneys for the officers, the continuance being for the purpose of further studying the complaint and advising the Council as to what their legal rights would be in regard to this action which means no official action will have to be taken on behalf of the City for a 30 day period of time. We have not yet been able to come up with a def- initive opinion as to what the City's rights are, and within this 30 day period of time the Attorney will be able to report to the Council as to the City's legal rights. ATTORNEY CARSTENS stated with regard for the request for an opinion as to the use of the Community Building for the offices of the Mayor and City Attorney, we have researched the matter extensively, not only the local ordinances and resolutions but also the State law in regard to the matter. The resolution passed by this Council approximately one 11-27-62 223 month ago, by its terms, prevents the use of Kimball Park for certain civic purposes other than park purposes. The intent of the resolution, no doubt, was that the existing structures and existing uses would remain and be permissible. The intent of the resolution, from the legal point of view, being to prevent new buildings and new uses on Kimball Park, other than park and recreation fixtures. Mr. Carstens stated he has been informed, at the time of adoption of the resolution the plan for the Community Building included offices for civic uses, by the same token the City Hall is being used for civic purposes. Mr. Carstens stated from a literal interpretation from the resolutions and body of law it would seem reasonable to interpret the City Hall and the Community Building could be used for civic purposes. The problem, if there is one, would be the question for what these particular build- ings would be used, and if offices are to be maintained in the Recrea- tion Building, for what purposes those offices would be used. In the cases studied and using common sense, it seems this is a matter within the discretion of the Council. It is the Council's prerogative to decide how the City Hall and the Community Building shall be used. It was the City Attorney's recommendation it is a matter to be decided by the Council, and the Council determine for itself how they wish offices in the Community Building to be used. Moved by Allen, sec- onded by Colburn, until such time as there is a better building built with offices to provide some type of conducive atmosphere for clients, etc., the Mayor and City Attorney be permitted to use the offices in the Community Building. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. HEARING ON MONTGOMERY ANNEXATION was held at this time. CITY CLERK ALSTON reported she received no written protests, and no one was pres- ent in this regard. Moved by Allen, seconded by Hart, the hearing be closed, and referred to the City Attorney for the necessary procedure and resolutions. Carried by unanimous vote. ATTORNEY CARSTENS stated with regard to the request of Mrs. Schmidt who indicated somebody in her neighborhood was building a retaining wall along her property at 1408 Highland Avenue; the question referred to him was whether the City had an interest in this particular situa- tion, also whether there is any law which would prevent the construc- tion of such a wall in that particular place, in view of the fact there was a period of time the area had been used as a public right of way or pathway. It is difficult to give any definitive legal opinion as to whether or not the public now has the right to use the property. There are basic common law principles which state if a piece of prop- erty is used for a substantial period of time by the public, openly 11-27-62 224 and notoriously and for an adverse use, the public "can acquire an easement or right of way" to use that property, as a public right of way. When the period of time accrues, when it has been long enough} or when it has been adverse enough is a question nobody but the Court can answer. In order to give any definitive opinion as to whether or not that time has accrued would require the filing of a quiet title action and the City or some other interested party attempting to show the legal requirements have been satisfied. The question is whether or not the City has an interest in it; and if the City chose to attempt to establish this strip of land had in effect become dedicated as pub- lic property or a City street it would require a quiet title action by the City to establish the City's rights in and to the property. If the City chose to do it, it is the Attorney's opinion it would be more feasible to have the Director of Planning and the City Engineer review the facts, along with the City Attorney, to determine whether there would be anything to be satisfied by bringing a law suit. This would be a policy matter for the Council's decision whether they wish to follow that course of action. Also whether there is a particular infringement of any of the rights of Mrs. Schmidt by the neighbor. Mr. Carstens said he feels it is a private matter between Mrs. Schmidt and her neighbor, and would not be directly of any concern to the City. Moved by Morgan, seconded by Hart, we authorize the City Engineer, Director of Planning and the City Attorney to check it and make a report later. After further discussion, Councilman Morgan, with the approval of Councilman Hart, withdrew the motion. Moved by Morgan, seconded by Allen, the referral be rescinded and the action filed. Carried by unanimous vote. ATTORNEY CARSTENS stated last week there was a matter in regard to E-Z Set Windows, Inc. relative to their property on the tidelands, which was referred to him. A communication from San Diego wholesale Credit Men's Association indicated they were handling the financial problems of the company. We contacted the Credit Men's Association and they will not be able to give us any definite information for approximately 30 days as to how much the City can expect to recoup. E-Z Set Windows, Inc. owes the City approximately $8,500. ATTORNEY CARSTENS suggested the City Manager and himself be given authorization to review the lease and take whatever steps are necessary to terminate the lease. Moved by Morgan, seconded by Hart, we authorize the City Attorney and City Manager to check the lease and make a report next week. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Allen. 11-27-62 225 COUNCILv[AN COLBURN stated he invited some guests to attend the Council meeting this evening; they are young men who belong to a club in National City called the "Sociables". Mr. Colburn stated he attended one of their meetings and was very impressed with the way they con- ducted it, and invited them so they could see how the City Council operates, and let them know they have been running their own little organization very closely along the lines we do. Mr. Colburn stated they have held some dances in National City and have never had any trouble and he wished to congratulate them on it and let the public know there are some groups of young people who can get along without any trouble. COUNCILMAN COLBURN introduced the following members of the Sociables: Carlos Cruz, Pres.; Don Anders, Treas.; Refugio Bolivar, Sgt. of Arms; George Baca; George Vejar; the other members were absent. MAYOR GAUTEREAUX expressed the Council's pleasure in having the group in attendance. WARREN MILLER, 305 E. 29th Street, was present, and stated he had an item to bring before the Council which he felt Mrs. Stockman could present better than himself. DIRECTOR OF PLANNING STOCKMAN stated there are four property owners who have presented a petition, which represents one-half or two-thirds of the property owners directly involved in what they propose to be the extension of the so called "Duck Pond Canyon Sanitary Fill" from the present county fill to "D" Avenue in National City. They are 100 percent in favor of having the fill continued for various reasons, which were listed in the petition. They would also like to have 29th Street extended West to National Avenue. MRS. STOCKMAN stated after Mr. Miller spoke with her, she contacted the San Diego County Public Works Department; the sanitary fill could be continued onto "D" Avenue with an agreement worked out with the City. Mrs. Stockman stated in order to accomplish what the people are asking it would have to be done by a zone variance, and if the Council is in accord with the thinking, it would be her recommen- dation the petition be referred to her department for preparation of the necessary zone variance; referred to the City Manager for his con- sideration with the Public Works Department as to whether it could be a workable situation; and to the City Engineer to come up with some kind of an estimate whether it would be feasible and possible for dirt to be removed from the City owned property where we are removing the two story buildings to satisfy the covering of the sanitary fill, as we have done in the past. Moved by Morgan, seconded by Colburn, the recommendation of the Director of Planning be approved. Carried by unanimous vote. MRS. STOCKMAN stated if the Council members feel this would be a public betterment to the community the $50 fee could be waived, not requiring the property owners involved to pay the fee. 11-27-62 226 Moved by Morgan, seconded by Hart, we waive the $50 fee. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. COUNCILMAN HART stated he would never vote to raise taxes unless it was absolutely necessary. Mr. Hart complimented Mr. Keener on his new type of sanitation trucks. VICE MAYOR ALLEN stated he had the pleasure of attending a meeting last evening of the National City Police Reserve and the manner in which these men are operating today, and the training they are getting is unbelievable; it is 100 percent or more better than it was a few years back. Moved by Allen, seconded by Morgan, a letter be sent to the Chief of Police commending Lieut. Liesman on the manner in which he has set up the organization since he had it, and the manner in which he is training the men. Mr. Allen suggested the City Manager write the letter. Carried by unanimous vote. COUNCILMAN HART stated we have the Police Reserve who are doing a wonderful job, and we also have the regular police officers who have to go out sometimes where there is a lot of mud, etc. and their uni- forms become soiled, and he thought the City should pay for their uniforms being cleaned. Also, Mr. Hart said he would like to see the ambulance back in service even if it costs the City a little money. Moved by Hart, seconded by Allen, the police reserve and regular pol- ice officers uniforms be cleaned or`replaced if they are destroyed in the line of duty; and also our ambulance be put back in service with the proper equipment as soon as the City Manager can find out what is needed. COUNCILMAN COLBURN stated he was in favor of the motion but wondered if this would not be brought out after our survey is over which we are now conducting. It will be an expense and we had made a policy we would not add anything to anyone's income; and wondered if this could not be held over until after the survey is completed. MAYOR GAUTEREAUX stated he wondered if we can construe this as an area where this would be compensation in replacing damaged uniforms of our officers. COUNCILMAN MORGAN stated possibly it would be well to include in the motion it be approved by the City Manager and it would take care of the problem posed by Mr. Colburn. MAYOR GAUTEREAUX stated he thought that was a good point as there is an administrative area here and if it involves finance, if it is approved it be approved with a report from our City Manager as to how feasible it would be. The motion was amended to include the recommendation of Councilman Morgan and Mayor Gautereaux. Carried by unanimous vote. MAYOR GAUTEREAUX stated in view of the previous discussion of Mr. Morgan on the action taken in regard to our membership in the 11-27-62 227 Metropolitan eater assessment and the action of the Council in this particular regard, is that the Metropolitan Water District is a Dis- trict that has the ability to levy a tax assessment and the amount the people of National City contribute certainly can be elected and paid either by direct taxation or by the amount of money being budgeted out of the General Fund. Mr. Gautereaux stated he believes since it is a taxing agency this District has the ability to tax; that the people of our City are entitled to know what they are paying in their tax money to the taxing agency; and the action taken by the Council is not one to increase the taxes, and it is "six to one to half a dozen of the other" if the money is paid by a direct tax of this District, that it would show on the tax bill. Mayor Gautereaux stated it is a healthy means and the people are entitled to know what they are paying in taxes to the taxing agencies. COUNCILMAN MORGAN stated it was estimated last year that we collect $47,000 from water sales; and this year we have in the budget $47,000. $47,000 in water rates, so they can pay it back Water Company buys from The people of National City are paying the that is where the Water Company gets the money to the City on a percent of the water the the Metropolitan Water District. Next year there will be another $47,000 and also there will be another 9 cents tax added to the property tax, which Mr. Morgan said he did not think was fair to the people of National City. REQUEST OF SAINT ANTH-iONY'S CHURCH to relocate building on same prop- erty at 1816 Harding Avenue, was presented. Moved by Allen, seconded by Morgan, the recommendation of the Chief Building Inspector be approved, with the restrictions as set forth. Carried by unanimous vote. CIVIL SERVICE COMMISSION minutes of November 21st were presented. Moved by Allen, seconded by Hart, the minutes be accepted and filed. Carried by unanimous vote. REQUEST FOR REFUND of $25.00 by Mariea A. Stein, was presented. Moved by Allen, seconded by Morgan, the refund be approved, and the neces- sary officials be authorized to draw the warrant. Carried, by the following vote to -wit: Ayes: Alien, Colburn, Hart, Morgan, Gautereaux Nays: None. REPORT OF OLIVEwOOD HOUSING for the month of Sextember, was presented. The report was accepted and ordered filed by unanimous vote. MINUTES OF CIIALBER OF COMMERCE HARBOR COMMITTEE were presented. Moved by Hart, seconded by Allen, the minutes be accepted and filed. MAYOR GAUTEREAUX stated he was contacted by Mrs. Sherman, Manager of the Chamber of Commerce, and since this meeting was held and the minutes 11-27-62 228 prepared there has been a different action taken by the Chamber than what is expressed in these minutes and it was requested since they did not submit them to us, their recommendation was these minutes be set aside until the next minutes can be forwarded. The motion was with- drawn. Moved by Morgan, seconded by Allen, these minutes be filed. Carried by unanimous vote. CITY MANAGER HESS reported we received a communication from Fairview Therapeutic Pool Volunteers requesting permission for the waiving of any license fee necessary to conduct a fund raising campaign in the City of National City during the year 1963. Mr. Hess stated we have done some research and found the City of San Diego has issued a permit to these people; there will be no house to house canvassing; it is a non-profit organization, and it was the recommendation of the City Manager he be permitted to direct to them a letter notifying them this letter would be the basis for their campaign with no fee. Moved by Hart, seconded by Alien, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS stated both Christmas and New Year's Day will fall on Tuesdays, and thought perhaps the Council would like to take some action relative to the holding of Council meetings. Moved by Morgan, seconded by Allen, we adjourn the meeting of December 18th to Decem- ber 31st at 1:30 p.m. Carried by unanimous vote. CITY MANAGER HESS stated we received a communication from Dr. Askew of the County Health Department, advising us they have recently passed a resolution changing their fee schedule for health permit fees. Mr. Hess stated the fees the City collects are turned over directly to the County; we only act as a holding agency. They have in the past charged us the same amount we collect here; there is no profit for the City. They have suggested to us that we adjust our ordinances, which would be Ordinance Nos. 707, 881, and 443, relative to food handling so they would be in conformity. It was the City Manager's recommendation it be referred to the City Attorney for an adjustment of the ordinances, if it is the policy of the Council to conform to the same rates that will be imposed upon us by the County. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. VICE MAYOR ALLEN stated he would like to know how much we pay the County a year for inspection fees, and if this would be comparable to the hiring of a sanitary inspector under the Public Works Department. Mr. Allen said if this motion does not carry he would like to see a motion that the City Manager and Director of Public Works present the figures on what we spend and cost of a competent person with qualifications to do the inspections. Councilman Hart, with the approval of Vice Mayor 11-27-62 229 Allen, withdrew their motion. COUNCILMAN MORGAN stated he is in favor of the recommendation of the City Manager. CITY MANAGER HESS stated there is some degree of urgency due to the fact new licenses will be issued after the first of the year, and if we conduct a survey we would not be able to report on same until the next Council meeting and he did not think it would allow ample time to have an ordinance in effect to comply with the County schedule. Moved by Hart, seconded by Morgan, the recommendation of the City Manager be approved. MAYOR GAUTEREAUX stated he thought the ordinances should be adjusted in con- formity so our rates will conform, and they will not leave us in a deficit, and then further study the matter as posed by Vice Mayor Allen. VICE MAYOR ALLEN stated he would like to know if there will be a con- tract for a certain period of time or do we contract with the County people as long as we want to. ATTORNEY CARSTENS stated the ordinance would not be prepared for reading until next week, so the first read- ing would be sometime in December; there is a provision that emergency ordinances can become effective upon second reading. Mr. Carstens stated if the Council decided to have Mr. Hess study the situation and Mr. Hess could have some answers by next week there would be no prob- lem in his preparing an ordinance which could be read next week. Carried by unanimous vote. Moved by Allen, seconded by Morgan, the City Manager and the Director of Public Works investigate the expendi- tures and the prospective expenditures we would make to the County for the sanitary services we receive, and compare these figures against the expenses of a competent person to do the same duties. Carried by unanimous vote. COUNCIL,A.N HART stated he talked with the City Manager relative to sending Christmas cards from the City Council and City employees to the other cities, and also any parties with whom we have done business. Moved by Hart, seconded by Allen, authorizing the City Manager to send Christmas cards on behalf of the Council and the City employees to City Councils and people we normally send Christmas cards to that we do business with. Carried by unanimous vote. CITY MANAGER HESS sug- gested the form of transmittal be on the City►s letterhead stationery with an appropriate addition, something that would be commensurate with the Yuletide season and a communication to the individuals with our thanks for their cooperation, etc., and that it be signed by the Mayor, Councilmen and Department Heads. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS reported we have received from Mr. Derr the easement relating to his property, and he feels it is adequate; it has been 11-27-62 230 reviewed by the City Engineer who feels it will serve the purpose, and recommended it be referred to the City Attorney for his views as to the legality of the easement and the proper form. Approved by unani- mous vote. VICE MAYOR ALLEN asked if we have heard anything further about the necessary amount of property for "D" Avenue. DIRECTOR OF PLANNING STOCKMAN stated she has conducted a survey and has the east half of "D" Avenue along the Derr property, but does not have the property along the Golden Arrow Dairy. RESOLUTION NO. 8251 was read, authorizing the following transfers to be made: From HARBOR to PARK FUND for removal of excess soil, $44.55; From HARBOR to TRAFFIC SAFETY FUND for street grading and improvements, $1,387.20; From HARBOR to GENERAL FUND for sewer installation in 28th Street to serve Dixieline Lumber Company, $1,262.66. Moved by Morgan, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. CITY MANAGER HESS stated with regard to the Dixieline Lumber Company, the area contains a certain number of palm trees which were installed by the City sometime ago, and will be involved in their construction work, grading, etc. The trees have been evaluated by the Park Supt. and we do not feel it is worth while to move them to another location. It was the City Manager's recommendation authority be given to him to advise the Dixieline Lumber Company the palm trees which are located in their particular area be disposed of any way necessary or expedient by them in order to accomplish their development. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS recommended the City Clerk be authorized to invite bids for our comprehensive liability insurance coverage. Approved by unanimous vote. RESOLUTION NO. 8252 was read, authorizing the payment of $2,481.30 for installation of sewer in the 2900 block of Grove Street, from the Capital Outlay Fund. Moved by Morgan, seconded by Allen, the Resolu•- tion be adopted. Carried by unanimous vote. CITY MANAGER HESS stated in relation to the previous discussions we have had concerning additional sewage gallonage rights as an agreement with the City of Chula Vista, we have received a communication from the City of San Diego coordinating the project. We have reviewed the facts of a proposed resolution which would have to ultimately be accepted by both Chula Vista and National City; it appears to be in good order, and recommended it be referred to the City Attorney and 11-27-62 231 recommend to him he be in contact with the City Attorney of Chula Vista and make certain the resolutions will be in agreement and conformity so we can expedite the matter of acquiring additional gallonage rights. Approved by unanimous vote. CITY MANAGER HESS presented the minutes of the Real Estate Committee's meeting of November 26th, and stated the Committee would like to have approval of the various motions made, which are set forth in Ronan numerals. Moved by Alien, seconded by Col burn, on Item No. 1, the recommendation of the Real Estate Committee be approved. Carried by unanimous vote. cOUNCILA;AN HART excused. REPORT FRiart THE REAL ESTATE COMMITTEE was read, stating it was the - recommendation of the Committee that the City Manager, as soon as he has discussed it with the various members of the Real Estate Committee, make a recommendation to the Council as to whether we should use the present building and the property across the street as storage, or whether we should build a new building, and apply as soon as possible for matching funds. CITY MANAGER HESS stated it concerns utilization of the Hewitt building as it now exists as opposed to the construction of a new building, Moved by Morgan, seconded by Alien, the recommen- dation of the Real Estate Committee be approved. Carried by unanimous vote. COUNCILMAN HART present. ITEM III of the Real Estate Committee's report was read, recommending we refer to the City Planner and the City Planning Commission the question as to whether curbs and gutters should be installed by the people in an ''M" zone when they get a permit to build:a building. Moved by Allen, seconded by Hart, the recommendation of the Real Estate Committee be approved. Carried by unanimous vote. ITEM IV of the Real Estate Committee's report was read, stating Mr. Osburn had an inquiry from Percy Goodwin Company in regard to City owned property south of 24th Street and east of Coolidge Avenue, con- sisting of a little over an acre of land. Mrs. Stockman stated she has someone interested in property presently used as a parking lot by the Armory at the northeast corner of 4th and Palm, zoned C-2, not in the El Toyon Park, but lying west of 241 Freeway. The Committee recommended it be referred to the City Planner to follow up the lead and present the facts before the Real Estate Committee. Moved by Alien, seconded by Hart, the recommendation of the Real Estate Commit- tee be approved, Carried by unanimous vote. 11-27-62 232 ITEM V of the Real Estate Committee's report was read, stating Mrs. Stockman brought up the possibility of a Medical Research Center between «E" and "F" Avenues, north of 24th Street. The Committee recommended the., City Manager and City Planner make a trip to Los Angeles in this regard and get the feeling of the people behind the medical center. Moved by Allen, seconded by Hart, the recommendation of the Real Estate Committee be approved. Carried by unanimous vote. CITY MANAGER HESS stated since it has been decided that Christmas greetings will be sent to various firms, individuals and institutions, with which we do business, he would appreciate it if the Council would furnish him within the next week the names and addresses of individuals they feel should be included in the Christmas greetings. MAYOR GAUTEREAt3X stated he thought perhaps we should consider the proposal we made to R. E. Hazard Company prior to the election Novem- ber 6th; and they did accept our proposal of the 10 cents a cubic yard for the excess amount of fill we have south of Paradise Creek, and sent us a check for $1,000 for the fill. In view of the action in the establishment of the Port District the Court order that has pro- hibited the votes being canvassed and a trial being held on the 14th of January, the City of National City, as well as the other cities are still in possession of the tidelands and have the responsibility of those things which are required by the trust laws of the State. In view of that, and further counselling in this matter with Mr. Bate, Port Director of the City of San Diego, as to whether or not we can be on firm ground in selling the excess material, he feels we certainly are, and if we did not take advantage ofsomething we would consider as a liability as far as excess material is concerned, it would pos- sibly be an act of omission, not so much an act of commission. Also our Counsel, Mr. Carstens, has ruled we have control of the material and can follow through and complete the contract. It is something we should decide due to the fact the State Highway where these mater- ials will be used will be in progress starting as of the 1st of Decem- ber, and if the Council intends to follow through, the materials will have to be made available to them on that date. Moved by Alien, sec- onded by Colburn, we go along with this contract, and it be referred to the Attorney to prepare the contract; that it be so stated in the contract the spoil remain in the City limits as far as possible, and the amount of spoil and the height of spoil removed from the tidelands be approved by the City Engineer. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. CITY ENGINEER FOSTER stated he was requested to get in contact with officials of the State Highway Dept. in regard to the possible 11-27-62 233 relocation of the 9th Street ramp from the new freeway 101, and he called Mr. Dekema today and he said as far as the contract is concerned there can be no change. Mr. Foster said he asked Mr. Dekema if there was a possibility of a change in the future and he said it was remote, but said they were not going to change this contract, if the City wants some additional work done later they can try to do it. COUNCIL- MAN MORGAN stated the San Diego Union stated in the National City con- tract they were going to leave out two of the ramps, and asked Mr. Foster if that was correct. CITY ENGINEER FOSTER stated he did not know. Moved by Morgan, seconded by Alien, we authorize the City Engineer to check it and make a report next week. Carried by unani- mous vote. DIRECTOR OF PLANNING STOCKMAN reported she received a petition signed by property owners requesting annexation to the City of National City, and recommended the petition be received and referred to the Planning Commission for a report. Moved by Morgan, seconded by Allen, the recommendation of the Director of Planning be approved. VICE MAYOR ALLEN asked the area. DIRECTOR OF PLANNING STOCKMAN stated it is a small parcel which adjoins Sweetwater No. 4 Annexation. Carried by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present, and stated the First Methodist Church would like permission, during the week of December 17th through December 25th, to play Christmas records which will come through the tower of the Church. Moved by Hart, seconded by Morgan, the request be granted. Mr. Alsdorf stated the records will be played from 2:00 p.m. to 5:00 p.m. Carried by unanimous vote. COUNCILMAN COLBURN stated there were several members of the Sociables who came in late, and introduced the following: Hector Cozares, V. Pres.; and Augie Mendoza. COMMUNICATION FROM NATIONAL CITY LIONS CLUB invitation to the Mayor and Council members, annual Lions Variety which is to be shown at Building, Friday evening, November 30th, and National City's Boys Club. MAYOR GAUTEREAUX stated in view of the fact we will be appointing a Port Commissioner, representing the City of National City, he would like the Council to consider the Commissioner be given an official spot at the Council table, where he will be able to give reports and keep us fully informed as to the business conducted in his official capacity as a Port Director. Discussion was held as to the method of interviewing the candidates for Port Director. Mayor Gautereaux was read, extending an and wives, to their first Kimball Park Community is for the benefit of 11-27-62 234 stated the Council had previously .voted to hold an executive session, and since there has been no motion to change the action taken, he feels if the press would care to be present at the session it. would be most appropriate. COUNCILMAN MORGAN stated he was in favor of having a public hearing. Moved by Morgan, seconded by Hart, the candidates appear before the microphone and be interviewed, Motion lost, by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux, MAYOR GAUTEREAUX introduced the following persons, who were to be con- sidered for the position of Port Commissioner: Donald Freeman, Larry Ruehle and Ed. Ingalls. Moved by Hart, seconded by Allen, the Council adjourn to an executive session. Carried by unanimous vote. The meeting adjourned at 9:40 p.m. The meeting was called back to order by Mayor Gautereaux at 10:30 p.m. o'clock. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. MAYOR GAUTEREAUX stated on the conclusion of the executive session which was held, three candidates, Mr. Ruehle were interviewed, and each are qualified to fill the position on our were possible to appoint all three to Ingalls, Mir. Freeman and Mr. outstanding candidates and each Port Commission, and wished it the position of Port Commissioner. Mayor Gautereaux stated -the guidance he has had by the members of the Council who were in the executive session in making the appointment will be the appointment of Larry Ruehle, if it is with the support of the City Council. Moved by Morgan, seconded by Colburn, Larry Ruehle be appointed Port Commissioner. Carried by unanimous vote. MR. INGALLS expressed his appreciation for being considered for the position and the courtesy extended him. MR. FREEMAN also expressed his appreciation for the consideration given him. MAYOR GAUTEREAUX thanked Mr. Freeman for the job he has done on behalf of the City. Moved by Hart, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting closed at 10:35 p.m. ATTEST: 'YCITY OF NA NAL CITY, CALIF tNIA CITY CLERK 11-27-62