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HomeMy WebLinkAbout1962 05-01 CC MIN367 National City, California, May 1, 1962 Regular meeting of the City Council was called to order by Mayor Gautereaux at 1:30 p.m. o'clock. Council members present: Alien, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Foster, Gautereaux, Hergert, Kerr, Osburn, Stockman. The meeting Was opened with pledge of allegiance to the Flag by Act- ing City Manager Osburn, followed with invocation by E. H. Alsdorf. Moved by Morgan, seconded by Hart, the minutes of the regular meeting of April 24, 1962, be approved. Carried by unanimous vote. CITY CLERK ALSTON stated the City Attorney will not be present until about 2:00 p.m, and asked Mayor Gautereaux if he wished to proceed with "oral communications". MAYOR GAUTEREAUX stated it would be in order to move on to "oral communications". Moved by Allen, seconded by Colburn, immediately following the Council meeting we have a Finance Committee meeting. Carried by unanimous vote. MAYOR GAUTEREAUX recognized the Honorable Judge Menard in the audi- ence; also stated we appreciate having the other people who are pres- ent at the meeting. MAYOR GAUTEREAUX presented a proclamation requesting the week of May 13 through May 19, 1962, be proclaimed as POLICE WEEK, and designating May 14 as POLICE OFFICERS MEMORIAL DAY in honor of all police officers who have been killed in the line of duty. Moved by Allen, seconded by Morgan, the Mayor be authorized to have the proclamation published. Carried by unanimous vote. COMMUNICATION FROM POLICE OFFICERS ASSOCIATION relative to increase in wages for patrolmen of the National City Police Department was read. The communication was referred to the Budget Committee by unanimous vote. MAYOR GAUTEREAUX stated he wished to make a proposal to the Council in the establishing an official hostess committee for the City of National City. Mayor Gautereaux stated he has taken it upon himself to inquire of a few women who have offered to serve in this capacity; and asked permission of the Council to officially name an official hostess com- mittee in our City and recommended the names of Mrs. Henry Wilson; Mrs. Kile Morgan; Mrs. Delton Reopelle; Mrs. Vern Wolf; Mrs. Dawson Smith; Mrs. Howard S. Colburn, Jr.; and Mrs. Richard E. Gautereaux be considered as our official hostesses. Moved by Hart, seconded by Alien, the recommendation of the Mayor be approved. Carried by unanimous vote. MAYOR GAUTEREAUX thanked the Council for granting the request. 5/1/62 368 BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 28,519.31 Traffic Safety Fund 6,452.08 Park Fund 1,133.69 Retirement Fund 4,780.47 Gas Tax Fund 44,137.25 Trust & Agency Fund 50.00 Special Street Fund 1,546.50 Drainage Fund 1,966.95 Park Construction Fund 348.23 Payroll Fund 51,554,89 TOTAL. $140,489.37 Moved by Hart, seconded by Allen, 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. 8109 was read, authorizing and approving the expendi- tures of the sums set forth from the Capital Outlay Fund: PACE CON- STRUCTION COMPANY, $19,384.87, payment on Sewer Construction in and near San Diego Freeway; LEE J. MORGAN CONSTRUCTION COMPANY, $8,084.70, payment on Additions and Alterations to Community Bldg. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. REPORT FROM CITY TREASURER KERR relative to request of Lee M. Brown for refund on business license, was read, stating the ordinance makes no provision for refund on business licenses, and any refund would have to be granted by the City Council. The minimum fee for anyone to operate for even a portion of the year is $10.00; Mr. Brown paid $12.50 on his 1961 gross receipts, and at the most he would have a $2.50 refund. Moved by Hart, seconded by Morgan, Mr. Brown be refunded $2.50 on his business license. Carried by unanimous vote. ACTING CITY MANAGER OSBURN stated with reference to the referral to the City Engineer to check traffic pattern with relation to request of Highland Avenue Baptist Church for additional footage for entrance to parking lot, the study has not been completed, but we will have the report for the next Council meeting. REPORT FROM POLICE CFIIEF CAGLE relative to complaint regarding stop signs at 16th Street and "L" Avenue, was read. Moved by Morgan, sec- onded by Hart, the letter be filed. Carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: Allen. COMMUNICATION FROM POLICE CHIEF CAGLE was read, stating with regard to the proposed ballroom to be located at the present site of the Sweetwater Roller Rink, 24th and Highland Avenue, certain sections of Ordinance 612, an ordinance regulating public dance halls appear to be in conflict with Ordinance 708, our business license ordinance. Various 5/1/62 369 ordinances have been secured from seven law enforcement agencies throughout the State of California pertaining to dance halls and regu- lating public gatherings, since the Palladium Ballroom problem. Auth- orization was requested to work with the City Attorney in preparing a workable ordinance to cover such situations within the City of National City. The recommendation of Police Chief Cagle was approved by unanimous vote. COMMUNICATION FROM DICK WILSON was read, requesting permission to operate a sound truck within the City limits of National City at vari- ous times between now and the General Election on November 6th. Moved by Hart, seconded by Morgan, the request be denied. Carried by unani- mous vote. ACTING CITY MANAGER OSBURN presented an easement for a storm drain across Highland Avenue Baptist Church property, and recommended it be referred to the City Attorney for acceptance of the easement. Approved by unanimous vote. COMMUNICATION FROM CHAMBER OF COMMERCE was read, stating the Board of Directors of the Chamber of Commerce approved the Streets, Highways and Transportation Committee's request the City Council be requested to make negotiations with the State Highway Department to designate National Avenue as Alternate 101 all the way. ACTING CITY MANAGER OSBURN stated he would recommend the request of the Chamber of Commerce be approved, and the City Engineer make the arrangements with the State Highway Department. Moved by Alien, seconded by Hart, the recom- mendation of the Acting City Manager be approved in regard to Highway 101. Carried by unanimous vote. COMMUNICATION FROM DeGRAFF AUSTIN, Chairman, Board of Supervisors, was read, stating he has received the communication from the City Manager dated April 18th advising them Vice Mayor Cecil F. Allen will be the National City representative on the Defense Council and Howard S. Colburn, Jr. will be his alternate. The information is being for- warded to Mr. Marty. The communication was ordered filed by unani- mous vote. HEARING ON CYPRESS ANNEXATION was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in this regard. Moved by Alien, seconded by Morgan, the hearing be closed and the City Attorney be instructed to prepare a resolution and follow on with the Cypress Annexation. Carried by unanimous vote. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, stating the members of law enforcement in the County of San Diego are conducting a Memorial service to honor those men who have given their lives in the service 5/1/62 370 of their communities. The services will be held at the Organ Pavilion in Balboa Park on Monday, May 14, 1962, at 11:00 a,m., and extended an invitation for the Mayor and Council members to attend. Moved by Allen, seconded by Morgan, the communication be filed, and the City Clerk take the reservations. Carried by unanimous vote. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, stating all law enforcement agencies in San Diego County are cooperating in setting up exhibit displays in the Electric Building in Balboa Park for obser- vance of Police Week, May 13-19. It was requested the National City Police Department be granted permission to display the rescue truck. In order to set up and remove exhibits, it will be necessary to have the rescue truck from May loth through May 17th. The exhibits will be on display May 13-16 between the hours of 1:00 p.m. and 9:00 p.m. The request was approved by unanimous vote. COMMUNICATION FROM A. A. CAMPBELL, Principal, Sweetwater Union High School, was presented, requesting use of the Memorial Bowl for com- mencement purposes, on June 14th and 15th. ACTING CITY MANAGER OSBURN stated he thought the schedule as outlined in the communication could be worked out by the Park Supt. and the City Manager to the satisfac- tion of all parties concerned. Moved by Allen, seconded by Morgan, the City Manager and Park Supt. get together with Mr. Campbell and the principals of the other schools in the Sweetwater District on a sched- ule satisfactory to all concerned, pursuant to the correspondence. Carried by unanimous vote. COMMUNICATION FROM SAN DIEGO BAY COMMITTEE was read, stating with reference to the motion in the minutes concerning the desirability to discourage the calling of an election this year, the Committee feels the coordinated efforts of the various governing bodies would be in- strumental in retarding an election in June or November of this year. At this time the Committee's intent is not to oppose the bill or favor it, but to obtain information we would hope to get from an economic survey, and to suggest amendments mutually acceptable by all five agencies and the County Board of Supervisors before it goes to the people. Moved by Allen, seconded by Colburn the letter be filed. VICE MAYOR ATJ.FN stated a luncheon was held in Chula Vista, and there was a split in the thinking whether or not it should be immedifitely placed on the ballot in November and for this reason he would not like to have the Council take any action at this time. There have been some meetings of minds on the higher level regarding the matter and we will have some forthcoming information shortly. MAYOR GAUTEREAUX stated the meeting referred to by Mr. Allen was called by the National City -Chula Vista Realty Board, and prior to that meeting the Mayors of 5/1/62 371 four cities did meet and discussed the issue at hand, and anything of a real pertinent nature, it was decided in view of the Bill and the study going into it, and the position all of us are now in with rela- tion to the possibility of initiatives being instigated, the Mayors of each of these four cities would meet weekly to do further study at that level and to try to obtain the philosophy or the policy of each of its policy making boards. Mayor Gautereaux stated at this point he does not know personally what is the policy or the thinking of this policy making board, and would be of great help to him to know what the thinking is in order to be able to reflect this at any of the forthcoming meetings with the Mayors. Motion carried by unanimous vote. APPLICATION OF MRS, RUTH THOMAS to move a building was presented. The present location of the building is 640 Roosevelt Avenue and is to be moved to 1045 "C" Avenue. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS was read, and recommended the request be granted subject to certain requirements as set forth in the report. REPORT FROM CITY PLANNER STOCKMAN recommended the request be granted. Moved by Allen, seconded by Colburn, the recommendation of the City Building Inspector and the City Planner in regard to moving the building, with the restrictions as enumerated by the Building Inspector, be approved. Carried by unanimous vote. ACTING CITY MANAGER OSBURN stated last week there was an item referred to the City Manager on the placing of a sign on a roof top or some similar place that would be visible primarily by aircraft, and it appears the Library would be a very good place to put the sign; however, he would like to give it further study and come up with a sound recom- mendation by the next Council meeting. Moved by Morgan, seconded by Allen, the recommendation of the City Manager be approved. Carried by unanimous vote. MINUTES OF TRAFFIC SAFETY COMMITTEE were presented. Mr. Green brought up the matter of the 15 minute parking zone near his business at the intersection of 8th Street and "G" Avenue; and asked it be removed as there seems to be no necessity for it. The Committee recommended the request be granted. Moved by Allen, seconded by Hart, the recommen- dation of the Traffic Safety Committee be approved. Carried by unani- mous vote. Moved by Allen, seconded by Hart, it be referred to the City Manager to take action. Carried by unanimous vote. CITY ATTORNEY CURRAN present. MINUTES OF PARK & RECREATION ADVISORY BOARD were read. Moved by Morgan, seconded by Allen, this be laid over for further study. Car- ried by unanimous vote. MAYOR GAUTEREAUX stated he thought it would 5/1/62 372 be appropriate to give some time limit for study and laying it over so we can give the Park and Recreation Advisory Board some idea when we will take action. Moved by Morgan, seconded by Gautereaux, within three weeks this come back to the Council. Carried by unanimous vote. RESOLUTION NO. 8110 was read, "RESOLUTION DEDICATING STREETS (30TH STREET, COOLIDGE AND HARDING AVENUES)". Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8111 was read, accepting two grant deeds together with permission to enter property for the purpose of constructing an exca- vation slope along the northerly line of Plaza Boulevard, made and executed by CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS. Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8112 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED H.REIN AND DESIGNATED 'CHASE ANNEXATION', AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO". Moved by Hart, sec- onded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8113 was read, "GRANTING RIGHT OF ACCESS TO BAHIA VISTA". Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8114 was read, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (GROVE STREET FROM SIXTEENTH STREET TO EIGHT- EENTH STREET)". Moved by Alien, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY CURRAN reported he has received a notice from the Alco- holic Beverage Control Appeals Board that the protest of the City Council to the issuance of an on sale beer license to Harold F. Dodds for the premises at 21 W. 7th Street, National City, which is commonly known as the Palladium, has been determined by the Appeals Board, which in its opinion states the record amply sustains the decision of the department and said decision must be affirmed. ATTORNEY CURRAN stated the decision of the department was that the protest of the City of National City was affirmatively made a matter of record and was sustained and the application for the on sale beer license was denied. Whether or not there will be any further action after the decision of the Alcoholic Beverage Control Appeals Board remains to be seen. ATTORNEY CURRAN reported London Guarantee and Accident Company, Ltd. has served notice of cancellation of Sidewalk License Bond No. 113679 issued to Harry and Allyn Freetly, dba Freetly Bros. It was the recom- mendation of the City Attorney the parties be notified of the cancel- lation. Approved by unanimous vote. 5/1/62 373 ATTORNEY CURRAN reported Glens Falls Insurance Company has served notice of cancellation of Sidewalk License Bond No. 50-93-71 issued to Glenn Gilbert, and recommended Mr. Gilbert be notified of the can- cellation. Approved by unanimous vote. ATTORNEY CURRAN stated he has considered the Mutual Aid Agreement which has been submitted to the Council by the City of Imperial Beach to give assistance to fire protection equipment. The contract is in sub- stantially the same form which the City Council agreed regarding the Naval Station; there is one minor defect in the grammar wherein the word "his" should be replaced by the word *'its"'. Other than the minor correction, the agreement would appear to be in form if the Council desires to enter into such an agreement with the City of Imperial.. Beach. Moved by Alien, seconded by Hart, we accept the agreement with the correction, as recommended by the City Attorney. Carried by unani- mous vote.. ATTORNEY CURRAN stated the escrow which has been opened for purchase of the eight lots by the First Christian Church of National City has instructions for approval of the legal description. A legal descrip- tion has been given to the City Attorney, and it is requested the City Council refer the matter of approval of the legal description to the City Engineer for checking. Moved by Hart, seconded by Allen, the request of the City Attorney be approved. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. ATTORNEY CURRAN stated he has considered the request of a member of the Board of Directors of the South Bay Chapter for Retarded Children the City donate six toilets and tanks from the Olivewood Housing Pro- ject to the Starlight Center for Retarded Children. The difficulty with honoring the request is it is an outright donation which consti- tutes a gift of public property. At the last meeting there was con- siderable discussion as to the fact this part of the property which the City intended to abandon in the Olivewood Housing Project would bring little, if anything, upon sale. Therefore, it appears the situ- ation is one in which the Board of Directors of the Southwest Chapter of Retarded Children should be advised that although it is impossible to make an outright donation, it is anticipated, not only the material which has been requested, but also other material which might possibly be useful to the School which this group is building, could be secured upon a very nominal purchase price, which would be legal. Moved by Allen, seconded by Hart, we notify the Board of Directors who made the request, that for a legal fee of $1.00 we will sell them the material they requested. COUNCILMAN MORGAN asked if this would be legal. CITY 5/1/62 374 ATTORNEY CURRAN stated as a matter of the law of contract there is not any question a dollar is a good and valuable consideration, but whether or not as a matter of public law such a consideration would be suffici- ent to justify the action is quite a different problem, and is a mat- ter which should take more consideration as to the procedure in ascer- taining whether or not this Southwest Chapter desires anything other than that which it has already requested. Councilman Hart withdrew his second to the motion. MAYOR GAUTEREAUX stated at the last Council meeting we did give full discretion to the Director of Housing in the disposing of the material. Vice Mayor Alien withdrew his motion. Moved by Morgan, seconded by Hart, we write a letter to the Southwest Chapter and have them get in touch with the Housing Director. Carried by unanimous vote. ATTORNEY CURRAN stated with reference to the question of the disposal of•rubbish and garbage, some time ago the City Manager and the City Attorney were authorized to work on proposals for an agreement which would necessitate drastic changes in our ordinance, also change the method of collection. It has been very recently brought to the atten- tion of the City Attorney there is now available a machine which is a digester of refuse from which by-products can be secured, have a value, and can be sold. The question arises in the mind of the City Attorney whether;; or not the possibility of looking into this very new system along with the other matters which have already been investigated by the.City Manager's office should not be undertaken at this time. In this regard, it should be pointed out the contract we have at the present time will expire on June 30th, Moved by Morgan, seconded by Hart,_ we have the Manager study the new system. VICE MAYOR ALLEN stated he would like to have a copy of the type of equipment given to each member of the Council with the information on it so we can study it and see what the by-products would be and if we could handle the amount of money involved. Councilman Morgan, with the approval of Councilman Hart, amended the motion to include the Manager put a copy in each of the Council member's folders. MAYOR GAUTEREAUX brought up the matter of the time element involved. Councilman Morgan said he would also like to include in the motion the Manager talk with the present trash collector and see if there is any way they could extend the contract until the Council makes up its mind on what procedure we wish to follow; perhaps the contract could be extended a month. Coun- cilman Hart seconded the second amendment. The amendment to the motion was approved by unanimous vote. The motion was approved by unanimous vote. 5/1/62 375 CITY CLERK ALSTON stated she would like to expressher appreciation to the Council for allowing her to attend the City Clerks''School of Instruction in Santa Barbara, April 25th through the 27th; it was very informative. Mrs. Alston stated with. permission of the Council she would like to make a change in the agenda, which she believes will streamline our minutes and cut.down the time of the Council meetings. It is her recommendation all communications coming before the Council, copies will be made available and mailed with the agenda, also copies of reports from the Department Heads. All reports submitted to the Council will be in writing, with copies'for the Council, and in that way the Council can study the communications and reports and they will not have to be read at the Council meetings; the heading and the gist of the communication will be presented so the Council will know what they are voting on. Moved by Hart, seconded by Allen, the City Clerk's recommendation be approved. COUNCILMAN MORGAN stated he would like to See all the items brought up by the Council laid over until the next week and put on the agenda instead of voting on them the same day. .;VICE MAYOR ALLEN stated he thought the things the Council brings on the floor are more of an emergency nature, and would prefer to go along with the recommendation of the City Clerk that anything we would have would go in to her prior to the meeting and go on the agenda as soon as. she can put it on, unless it is of an emergency nature. Coun- cilman Hart, with the approval of Councilman Allen, amended the motion to include, that anything that is brought up at the meeting, unless it is afi emergency, and then that could be held over until the next meet- ing if we still do not understand it. The amendment to the motion was carried by unanimous vote. The motion was carried by unanimous vote. CITY CLERK ALSTON stated they also had extensive study on codification Of ordinances, in which she is very much interested, and the item will be included in her budget. COMMUNICATION FROM NATIONAL CITY STAR -NEWS was read, stating they have found it necessary to raise their rate for legal advertising to $2.65 per column inch, effective May 15, 1962. CITY CLERK ALSTON recom- mended the communication be referred to the Budget Committee. Approved by unanimous vote. DIRECTOR OF PUBLIC HOUSING GAUTEREAUX stated in compliance with the request of the - City Council regarding the plan of phasing out the two story buildings he is working on it and progressing very well. Mr. Gautereaux presented a copy of the proposed lettering which will be on signs placed on City property on National Avenue and on Highland Avenue for the purpose of publicising the buildings.for sale. Since the serving of the legal notices, which were:the 25th of April, we 5/1/62 376 -have a vacancy now in the two -stories of approximately 83, which means 33 units have been vacated since the legal notices were signed. We are moving along very rapidly in that phase. The tenants with chil- dren in school are making application for remaining until school is out, which is being granted. We are taking extension periods of rent as must be legally done on a30 day notice on a month to month basis. COUNCILMAN HART asked if people that -can be transferred to the duplexes are being taken care of. MR. GAUTEREAUX stated all those they can possibly transfer are being taken care of; however, in the duplexes we have practically nothing in three bedrooms, and so many of the families in the two -stories are the size that require three bedrooms, and they are the major ones who are moving. MAYOR GAUTEREAUX asked if there has been any precaution taken to date for increased police pat- roi1ing against hazards which may be incurred there, and for property damage,, HOUSING DIRECTOR GAUTEREAUX stated only that they are intend- ing to board the lower floors; as far as taking any further steps with the Police Dept. it has not. been done as yet because we have no unit buildings' which are entirely vacant, but we will have very shortly. VICE MAYOR ALLEN stated on the reelection of himself recently he had three particular things on his platform, and the vote of;,,the people moreor:.less backed up the things he had in mind, some were changes in personnel and administration; and the City Manager, realizing this, put infiir retirement, and so fax to date we have not had any request for resignations from other people. Moved by Alien, seconded by Gautereaux-, the City Attorneyts resignation be accepted at the end of his accrued leave, and that the accrued leave start as of tomorrow. Motion carried, by the following vote to -wit: Ayes: Alien, Colburn, Gautereaux. Nays: Hart, Morgan. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:05 p.m. ITY OF `r'`jIONAL CITY, ALIFcRNIa ATTEST: CITY CLERK 5/1/62