Loading...
HomeMy WebLinkAbout1962 01-02 CC MIN204 National City, California, January 2, 1962 Regular meeting of the City Council was called, to order by Mayor Hart at 1:30 p.me. o'clock. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Foster, Gautereaux, Golden, Hergert, '(err, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Mr. Alsdorf. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of December 26, 1961, be approved. Carried by unanimous Vote. COUNCILMAN ALLRN extended "Happy New Year" wishes. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Special Street Fund Drainage Fund $ 29,555.93 531.91 90.17 3,682.57 612,41 TOTAL $ 34,472.99 Moved by Morgan, seconded by Reid, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following mote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. RESOLUTION NO. 8050 was read, authorizing the expenditure of $5,785.92 to W. J. Haas, for payment on El Toyon Community Building, from the Capital Outlay Fund. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. MAYOR HART recognized E. J. Christman, former City Councilman. COMMUNICATION FROM CALIFORNIA FEDERAL SAVINGS AND LOAN ASSN. was read, which enclosed their check in the amount of $77,999.81, payment in full for the City's demand of National City Development Company. CITY MANA- GER BIRD stated it is the balance and interest due on the transaction of the property originally purchased by National Award Homes, and recommended it be received by the City Treasurer and placed in the Capital Outlay Fund. Approved by unanimous vote. APPLICATION FOR NEW ON SALE BEER BEVERAGE LICENSE by :Helen M. Lucki, to do business under the name of Luckits, 2830 National Avenue, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of the application. Noved by Alien, seconded by Reid, we protest the issuance of the license, and refer it to the City Attorney. Carried by unanimous vote, APPLICATION FOR TRANSFER OF ON SALE BEER BEVERAGE LICENSE by William Arends, dta The Dog House, 713 National Avenue. The name of Mr. Arends' 1/2/62 205 spouse is being dropped from the license. REPORT FROM POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of the application. Moved by Reid, seconded by Allen, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollings- worth, Reid, Hart. Nays: Morgan. COMMUNICATION FROM COUNTY ASSESSOR McQUILKEN was read, stating the following areas, annexed to the City of National City, still remain wholly or in part within a local. fire district on their records: Hud- son Annexation; Sweetwater No. 2; Sweetwater Heights; Tefft-Sedlack; Olivewood; Aardema; Sweetwater Annexation No. 3. As required by State law, if withdrawal is desired, a resolution on each annexation to that effect should be adopted and filed with the County Assessor and the Fire District before February 1, 1962, to eliminate the fire district tax from the bills for properties concerned on the 1962 tax roll. CITY MANAGER BIRD recommended the communication be referred to the City Attorney with authorization to prepare the necessary resolutions„ Approved by unanimous vote. COMMUNICATION FROM DORIS E. MATTHIES, 2243 E. 8th Street, was read, requesting refund of $25.00 deposited for sidewalks. A certification from the Engineering Department stated the work has been inspected and approved. CITY MANAGER BIRD recommended the proper.City authorities be authorized to draw the necessary warrant to make the refund. Approved by unanimous vote. CITY MANAGER BIRD reported he received a bill from the League of Cali- fornia Cities for the City's contribution for the year 1962 in the amount of $925,00, and recommended the City Clerk be authorized to draw the necessary warrant to pay the bill. Approved by unanimous vote. NOTICE OF TERMINATION OF INSURANCE of comprehensive general auto insur- ance of Rufus F. & Helen F. Hailing was presented, and referred by unanimous vote to the City Clerk. COMMUNICATION FROM LILLIAN KILGORE was read, stating due to an injury it may be necessary for her to be absent from work from six to eight weeks, CITY MANAGER BIRD recommended the communication be referred to the City Attorney and the insurance company. Approved by unanimous vote. REPORT OF CITY TREASURER for period ending November 30, 1961, was pre- sented and ordered filed by unanimous vote. COMMUNICATION FROM TARTER, WEBSTER & JOHNSON, INC., was read, and stated they enclosed the signed "Agreement Supplementary to Lease" as requested by the City. CITY MANAGER BIRD recommended the Supplementary Agreement be filed. Approved by unanimous vote. 1/2/62 206 DEPUTY CITY ATTORNEY GOLDEN apologized for being late, and stated on behalf of himself and Attorney Curran he wished all a "Happy New Year". RESOLUTION NO. 8051 was read, "AUTHORIZATION CONSENTING TO THE USE OF CITY STREETS BY SPRING VALLEY SANITATION DISTRICT". Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8052 was read, accepting deed from Metropolitan Shopping Square, Inc. Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8053 was read, "NATIONAL CITY RESOLUTION REGARDING COUNTY HONOR CAMPS". Moved by Reid, seconded by Morgan, the Resolu- tion be adopted. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'EAGLES ANNEXATION' TO THE CITY OF NATIONAL CITY" was presented for the second and final reading. Upon motion of Allen, seconded by Reid, the reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1020, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'EAGLES ANNEXATION' TO THE CITY OF NATIONAL CITY". Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. REPORT FROM CITY ATTORNEY CURRAN was read, stating with reference to the question whether there are any grounds upon which the City Council may revoke the business license of the Palladium Ballroom, the City Attorney found Section 54 of Ordinance No. 708 is somewhat controlling; the section establishes two grounds for a revocation of a business lic- ense: 1. Failure to comply with any term or terms of Ordinance No. 708, 2. The holder of the license is an unfit person to be entitled to the privilege granted by the license. This section requires the holder of a license be afforded a hearing by the City Council. The section contemplates that the City License Collector recommend the license be revoked giving the reasons therefor and a copy of the recommendations be served upon the holder of the license. DEPUTY CITY ATTORNEY GOLDEN stated Ordinance 612 could possibly have some effect, but he has not had an opportunity to review the Ordinance, particu- larly the constitutionality, and would like to have the matter laid over a week in order to check Ordinance 612. MAYOR HART stated he would entertain a motion the license be denied, on the grounds it is a public nuisance. Moved by Morgan, seconded by Reid, we not issue the 1962 dance license for the Palladium. DEPUTY CITY ATTORNEY GOLDEN stated insofar as the Ordinance, we have researched the basis under 1/2/62 207 which a revocation of a license would be istablished by the City Coun- cil requires it could be done only after a hearing by the Council, and it also contemplates the City License Collector recommend the license be revoked. There is another section that gives the Chief of Police certain powers to revoke or to extend the license, or to not permit dances, and he feels something more than a motion should be done. COUNCILMAN MORGAN, with the approval of Councilman Reid, withdrew the motion. Moved by Morgan, seconded by Reid, the dance license for 1962 not be issued until we get a complete report from the City Attorney, Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. Moved by Allen, we permit the lay over of this entire situation for a period of a week, for a full report from the City Attorney in regard as to how we can best control or refuse the license for this establishment. Motion died for lack of a second. CITY MANAGER BIRD stated since the Ordinance approving "Eagles Annexa- tion" has been adopted, he would recommend the City Attorney be auth- orized to prepare the necessary resolution to take the area out of the Lower Sweetwater Fire District, the same as the preceding action taken on the other annexations. Ap,roved by unanimous vote. CITY MANAGER BIRD stated since we have received the money from National City Development Co. and deposited it in the Capital Outlay Fund, he would like to reaffirm the Council action to authorize the City Clerk to advertise for bids for the remodeling of the Community Building. Moved by Allen, seconded by Reid, the recommendation of the City Mana- ger authorizing the City Clerk to advertise for bids for the remodel- ing of the Community Building be approved. Carried by unanimous vote. HEARING ON APPEAL OF A ZONE VARIANCE ON E. 8TH STREET was held at this time. The Planning Commission denied the request of Home Federal Sav- ings and Loan Assn, for permission to erect and maintain for a period one year from date of installation a directional sign 10' x 30' on property located on the south side of 8th Street, 94 feet west of Harbison Avenue. CITY CLERK ALSTON stated she received no written protests on the appeal, and no one was present in regard to same. E. H. ALSDORF, 2105 "J" Avenue, was present and stated he thought a directional sign 10' x 30' is too large, and the request should be denied. Moved by Allen, seconded by Reid, the hearing be closed and the decision of the Planning Commission be upheld, and the request denied. Carried by unanimous vote. CITY MANAGER BIRD stated sometime ago we had considerable complaint relative to Manchester Avenue; the complaint basically was to the effect of the trucks going back and forth through 0. D. Arnold Estates. The trucks ?primarily are moving vans which have been using Manchester 1/2/62 208 Avenue rather than Mundo Road for the purpose of moving people in and out of the Wherry Housing. We attempted to work it out cooperatively with the Navy who hires the movers for the Navy families, failing to get the desired results, the following recommendation from Chief Cagle was received. CO18MUNICATION FROM CHIEF OF POLICE CAGLE was read, recommending, under authority of Section 35701(a) of the California Vehicle Code, an Ordinance be passed prohibiting the use of Manchester Avenue by any commercial vehicle or by any vehicle exceeding a maximum gross weight of ten ton. Under the provisions of the California Vehi- cle Code, an Ordinance must be passed and appropriate signs erected, giving notice of the Ordinance, before it shall become effective. CITY MANAGER BIRD recommended the Police Department be upheld in the matter, and the City Attorney authorized to prepare the necessary Ordinance. Approved by unanimous vote. NOTICE FROM CITY ATTORNEYS OFFICE was read, stating the Baker vs Cagle case has been set for January 18,.1962. REPORT FROM REAL ESTATE COMMITTEE was read, stating general discussion was held in regard to City property located at 24th and National. It was the recommendation of the Committee we write a letter to the lease applicant stating the Real Estate Committee is interested in his pro- posal and desires to hold a meeting concerning the parcel of land. The Committee recommended a "For Sale or Lease" sign be posted on the 22 acres west of National Avenue, and a sign be posted to advertise for lease "65 Acres of Tidelands". It was further recommended an advea. tisement be placed in the San Diego paper for one week at a not to exceed $200.00 to advertise Tidelands property for lease. Moved by Allen., seconded by Reid, the recommendation of the Real Estate Commit- tee as read by the City Manager, be approved. Carried by unanimous vote. CITY MANAGER BIRD recommended the City Clerk be authorized to adver- tise for bids for paving of our portion of what would be First Street because of the property transfer which has been consumated. Approved by unanimous vote. CITY MANAGER BIRD stated at the last meeting of the Council the resig- nation of patrolman D. D. Hoffman was accepted, and inadvertently the letter of resignation called for termination date of January 31st. Due to an error made in calculation it is requested acceptance of the resignation be rescinded, and the following accepted in its place. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, recommending the acceptance of the resignation of Patrolman D. D. Hoffman, to become effective February 4, 1962. Since Mr. Hoffman has not received his annual vacation or accrued eleven holidays for the current year, his 1/2/62 209 last working day will be December 26, 1961. Moved by Alien, seconded by Reid, the motion made last week accepting the resignation effective January 31st be rescinded, and the recommendation of Chief of Police the resignation of D. D. Hoffman, Patrolman, effective February 4, 1962, be accepted and approved. Carried by unanimous vote. CITY CLERK ALSTON stated the General Municipal election will be held in April, and requested authorization to appoint the election officers and set up the polling places. The request was approved by unanimous vote, CITY CLERK ALSTON reported the County Registrar of Voters has divided precincts. At our previous election we had 51 voting precincts and now we will have 58, and recommended we set up 58 polling places. Approved by unanimous vote. Moved by Morgan, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 2:14 p.m. ATTEST: , ✓y-!mac e }� CItY WZCLERK MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 1/2/62