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HomeMy WebLinkAbout1962 01-09 CC MIN210 National City, California, January 9, 1962 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 Pam. o'clock. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Cagle, Curran, Gautereaux, Hergert, Kerr, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Fults of the Lincoln Acres Community Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of January 2, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. 8054 was read, "RESOLUTION DECLARING WITHDRAWAL OF CER- TAIN PORTIONS OF LOWER SWEETVWATER LOCAL FIRE DISTRICT". Moved by Alien, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. COUNCILMAN ALLEN questioned Eighth Street Annexation not being included in the resolution declaring withdrawal from Lower Sweetwater Local Fire District. CITY ATTORNEY CURRAN stated he thought the Planning Department should report to the Council whether or not there is any territory other than those which have been included in the resolution just adopted which have any portion in the fire district, It appears "Atomic Investment Company Annexation" might possibly be in this category, and recommended the Planning Department make a report in this regard. Moved by Allen, seconded by Reid, the recommendation of the City Attorney in regard to a report from the Planning Depart- ment relative to annexation withdrawal from the fire district in the County be approved. Carried by unanimous vote. RESOLUTION NO. 8055 was read, "RESOLUTION OF THE CITY OF NATIONAL CITY REGARDING TAX STATEMENTS". Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE REQUIRING DAILY REPORTS FROM PAWN- �,, BROKERS AND SECONDHAND DEALERS" was presented for the first reading, and read in full. ORDINANCE NO. _..-_.-.. OF THE CITY OF NATIONAL CITY, CALIFORNIA" was presented for the first reading, and read in full. MAYOR HART recognized Ed Ingalls, former City Councilman and former Chairman of the Civil Service Commission. COUNCILMAN ALLEN asked what progress is being made relative to the proposed ordinance for tow away zones for over -parked cars. ATTORNEY "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 962 1/9/62 CURRAN stated he was discussing the matter Manager, having reviewed the material from Cities in the last couple of years in this report for the Council very shortly. ATTORNEY CURRAN stated with reference to the contract between the City of National City and the California Water & Telephone Company, which entitles the Company at the present time to secure Colorado River water, the City Attorney contacted the Attorney for the South Bay Irri- gation District and it has been definitely ascertained the South Bay Irrigation District's contract has the same period of termination; the contract will expire on June 30th of this year unless notice is served by either party. There has been discussion before the Board of Direc- tors of the South Bay Irrigation District on other aspects of the con- tract with the California Water & Telephone Company, also with refer- ence to the matters which have gone on in past several years regarding the Joint Powers Act. At the last meeting of the Board of Directors of the South Bay Irrigation District, the matter of the contract for the Colorado River water was discussed and they determined they would like to have two of its members, plus its Attorney and its Manager, meet with two members of the City Council of National City, City Attor- ney and City Manager in order to discuss the matter at length. MAYOR HART recommended Vice Mayor Hollingsworth and Councilman Morgan be appointed, along with the City Attorney and City Manager. Moved by Reid, seconded by Hart, the Mayor's recommendation be aop roved. Car- ried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. ATTORNEY CURRAN stated at the last meeting of the City Council, there was before the Council a report on the application for a new on sale beer beverage license which had been made by Helen M. Lucki, to do business under the name of Lucki's, 2830 National Avenue. The Council unanimously voted to protest the issuance of the license and referred the matter to the City Attorney. As the City Attorney has reported in past years in order for him to make a protest to the Alcoholic Beverage Control Board it will be necessary for the Council to determine on what grounds it desires to protest. The Alcoholic Beverage Control Board is specific it will not entertain any such protest unless the grounds are given. It was the request of the City Attorney the Coun- cil specify the grounds for protest. Moved by Morgan, seconded by Hollingsworth, we protest the issuance of the license because the entire City limits is saturated with beer parlors; we have liquor lic- enses about one for every four or five hundred, whereas the State allows one license for either one or two thousand population for the 211 yesterday with the City the League of California regard and will have a 1/9/62 212 County, so National City is receiving more than its share. COUNCIL- MAN ALLEN stated that is one of the things which he does not think the minutes completely bear out; he made the original motion last week; and the reason was to bring it before the Legislative Bodies of the State because we are over saturated with liquor licenses in the City of National City, and this e:colanation was made at the last sheeting of the Council. CITY MANAGER BIRD stated he received a petition from residents of the area of 2724 National Avenue and contains the names of 59 persons protesting the issuance of the on sale beer license for 2830 National.. Avenue. PETITION was read, which stated the residents of the Crown Trailer Park have registered some sixty children includ- ing juveniles and minors, and object to the proposed beer bar being located in their neighborhood. COUNCIL AN MORGAN, with the approval of Vice Mayor Hollingsworth, amended their motion to include a copy of the petition be forwarded to the City Attorney. Carried by unanimous vote. CITY CLERK ALSTON stated she wished to report the City Clerk's Office does not change the motions in the minutes, they are written verbatim, but all the discussion is not always put in because it would make the minutes very bundlesome. COUNCILMAN ALLEN stated he is not trying to condemn the minutes, the Vice Mayor requested him to clarify his motion for legality and he did. CITY ATTORNEY CURRAN stated in regard to the question raised at the last meeting as to the possible effect of Ordinance No. 612 with refer- ence to the dance license at the Palladium, it is very clear those por- tions of Ordinance No. 612 which pertain to the granting of a license to a dance hall have been superseded by the general licensing ordinance No. 708, which the City Attorney reported upon last week, and which, in Section 54, provides a method for holding a hearing for a revoca- tion of the license. Moved by Morgan, seconded by Reid, we set a hear- ing on the dance hall for the Palladium; the City Attorney or any per- son who should do so, set the hearing as to whether or not the license should be issued. VICE MAYOR HOLLINGSJORTH asked if the ordinance does not specify the License Collector request the hearing. ATTORNEY CURRAN stated the report was to the effect Section 54 contemplates the License Collector would institute the proceedings; in this case the matter has come before the Council, and it would be up to the Council to see the procedure was carried out; therefore the motion which has been made is preliminary and the Council having determined a policy in this regard the administrative officials can see the proper steps are taken, so according to the ordinance all of the legal safeguards which are provided for will be carried out. Motion carried by unanimous vote. 1/9/62 213 MAYOR HART stated we have had a request to hold oral communications after the City Manager has given his report, and asked the pleasure of the Council. VICE MAYOR HOLLINGSWORTH stated she thought it was entirely up to the City Clerk, she is following the recommendations of the City Clerks all over the State, and Nationally, and failed to see any reason why we should change the procedure. COUNCILMAN ALLEN said he thought perhaps it would be better to change the proce- dure and have oral communications after the City Manager's report. CITY CLERK ALSTON stated she has adopted the procedure ::ecomAended by the League or California Cities. COUNCILMEN REID and MORGAN thought if the City Attorney was late and we have oral communisations before his report, it should come up again later on the apcs.d: MAYOR HART stated if someone has anything important to present to the Council after the City Manager has given his report, they are welcome to do so. DAN McCORQUODALE, representing the National City Junior Chamber of Commerce, was present, and read a resolution adopted by the Junior Chamber of Commerce, requesting the City Council place on the April election ballot the proposition calling for adoption of bonds to cover the expense of an adequate, new Civic Center. MAYOR HART recommended it be referred to the City Attorney for a legal opinion. Moved by Allen, seconded by Morgan, the recommendation of the Mayor be approved. ATTORNEY CURRAN stated you have the problem that you would have a gen- eral obligation bond which would be payable from the levying of taxes, and unlike a revenue bond which would have a specific source of funds from which the bond could be paid would not be the opportunity to accelerate the payment on your general obligation bond the same as it would be on your revenue bond. The City Hall is not the type of build- ing you could build on the basis of the revenue bond. Councilman Morgan withdrew his second to the motion; therefore, the motion died for lack of a second. Moved by Allen, seconded by Morgan, the recom- mendation of the Mayor be approved, that we nut it on the ballot for a general obligation bond for the vote of the people in April to see if they want to obligate themselves for a civic center. VICE MAYOR HOLLINGSWORTH asked if this means the Junior Chamber of Commerce will actively publicize this to the citizens. MR. McCORQUODALE stated at the same time they adopted the resolution, they also adopted as their number one project the bond issue to be put on the ballot. COMMUNICA- TION FROM CHAMBER OF COMMERCE was read, stating the Board of Directors voted to recommend the building of a new city hall and administration building be placed on the ballot for the Spring election and will cooperate in every way possible in regard to publicity. CITY CLERK ALSTON asked if it would be necessary to specify a certain amount for the bond issue to go on the ballot. ATTORNEY CURRAN stated the City 1/9/62 214 will have to have some engineering, a report of some kind on which to base a figure. COUNCILMAN ALLEN asked the City Manager if it would be possible to get the information from a group of A. I. A. which we have been attempting to do for about two years, also some preliminary plans which would suffice to give us a figure to put on the ballot. CITY MANAGER BIRD stated the answer is definitely "no" as the target date is January 25th; however, if you wish to put this on the ballot we have sufficient information, we know the square footage necessary. Motion carried by unanimous vote. Moved by Morgan, seconded by Reid, we nut a $750,000.00 bond issue on the ballot. COUNCILMAN ALLEN ques- tioned whether or not $750,000.00 would be sufficient for such a pro- ject. CITY MANAGER BIRD stated he feels this community could build, depending on its architecture, an adequate City Hall in the neighbor- hood of $600,000.oO with $150,000.00 for the necessary furnishings, etc., and if you carry through, you should specifically instruct the City Attorney and City Clerk in preparing the notice for the people to vote upon for a general obligation bond, this be a City Hall and it also carries the furnishings. COUNCILMAN MORGAN, with the approval of Councilman Reid, amended their motion to include the City Attorney and City Clerk be authorized to prepare it for the ballot. Carried by unanimous vote. DON HYNES, Bonita, was present and stated he is a rubbish collector, and it is his understanding from reading the minutes of the Council, the City of National City plans to extend the rubbish and garbage col- lection contract with the present carrier for another ten years, with- out being advertised for bids, and asked if this is correct. MAYOR HART informed Mr. Hynes he could negotiate with the City Manager, and. CITY MANAGER BIRD stated when we are ready with the necessary changes in the Ordinance and the criteria of what we are attempting to get for the people of our City, the matter will be ready for negotiation. Mr. Bird stated he told Mr. Hynes previously when the matter is ready he would be given an opportunity to negotiate. WALTER CAGLE, CHIEF OF POLICE, was present and stated there were two petitions received protesting the issuance of the on sale beer bever- age license at 2830 National Avenue; one petition contained 59 signa- tures and the other contained 56 signatures of residents in the area of the proposed liquor establishment. CITY MANAGER BIRD thanked Chief Cagle for clarifying the point, and stated the petitions have been referred to the City Attorney and he will get a copy of all the docu- ments Chief Cagle submitted to the City Manager. Chief Cagle stated he was in communication with Mr. Brown of the A. B. C. Commission this morning, and the protest hearing in the matter of Mr. Greenberg, 1646 National Avenue, on an on -sale beverage license has been set for 1/9/62 215 March 5th, and they request 'a location where the hearing may be held and the formal notices will be posted. CITY MANAGER BIRD recommended 1 1` � *the heat.i .�1 bk� set t na'ttJe1y in the new El Toyon Community Building on MarCP itii in tie afte Cnobn. Approved by unanimous vote. HOWARD GOSSER, 681 "I" Street, Chula Vista, was present in regard to the Palladium Ballroom and stated in order to clear up a few points which were brought up last week stating they had fights every' -time a dance was held there, he said he did not know what happened prior to his taking it over November 16th, but they have had just one fight and that is the only trouble. he has had in the Ballroom. Mr. Gosser said he had previously stated he was going to have a restaurant along with dancing and said it would be for adults, and since the last meet- ing he has changed his plans so no one under 21 years of age will be allowed. If this is what is necessary to keep the dance license, Mr. Gosser said he would just as soon not have teen-agers around; that he would like to do whatever he can to keep from having any trouble. AUGUST FETKENHOUR, 410 Montgomery Street, Chula Vista, was present, and stated he would like to know the Council's feeling on allowing dancing in the area where bars are located. MAYOR HART stated he is not in favor of any dancing in that location. MR. FETKENHOUR said he would like to see the City kept as clean as possible. RUBEN RUBIO, 1739 Cleveland Ave., was present and stated he thought we should see what we can do to help the teen-agers, and wondered if the answer would be to close the dance hall instead of trying to work with them. The teen-agers have a problem and we should find a way to work with them. REV. HICKS, Pastor of the Calvary Baptist Church, 2432 E. l8th Street, was present and stated he has been Pastor of the Church for 51 years, and during that time not one of their juveniles have been before juvenile authorities; we teach it is wrong to dance and we have some- thing to offer to our teen-agers and our young people that takes away the desire for those things. The members of the Calvary Baptist Church are opposed to the Palladium. COUNCILMAN ALLEN stated we have not had the Catholic Clergy give an invocation at a Council meeting since August, 1960, and asked if Rev. Clark would ask the Ministerial Association if they would set aside one month and invite the Catholic Clergy to give the invocation. REV. CLARK said he would take care of the matter. REV. I. L. CLARK, Pastor of the First Baptist Church, was present and asked if a date has been set for the hearing regarding the Palladium. MAYOR HART stated it had not. COUNCILMAN MORGAN stated he thought there should be an some action taken, whereby the beer parlors would hire ordinance or their own 1/9/62 216 police, especially in their own place of business, and if possible would like to see an ordinance written to that effect. COUNCILMAN ALLEN stated the State law requires one private patrolman for each 100 people in any group, dance, or meeting. COMMUNICATION FROM W. R. VAIDEN, Associate Pastor of Highland Avenue Southern Baptist Church, was read, stating he is against the Palladium dance hall and expects to be fully in support of whatever can be done to clean up the situation. COMMUNICATION FROM EDvARD C. WRIGHT, Postmaster, was read, stating their lease on the property on West 8th Street has been cancelled, which has necessitated their move to the property at 540 National Avenue for a short duration. It is requested the curb line in front of the building on National Avenue and 'West 6th Street be painted yel- low, indicating loading zone. Moved by Allen, seconded by Morgan, the request of the Postmaster be approved, and referred to the City Mana- ger for compliance. Carried by unanimous vote. CITY MANAGER BIRD reported he has been supplied with the electric and plumbing plans, also the warranty of the heating apparatus at the new El Toyon Community 31dg. and should be received and placed on file. COMMUNICATION FROM GUY O. ANDERSON, A.I.A., was read, relative to El Toyon Community Building, stating the subject project is substantially complete in accordance with plans and specifications and recommended acceptance of the completed work by the owner. COMMUNICATION FROM CHIEF BUILDING INSPECTOR BIGGS was read, recommending acceptance of the El Toyon Community Building. CITY MANAGER BIRD recommended the Community Building be accepted, and the City Attorney be authorized to prepare the necessary resolution accepting same and authorizing the City Clerk to file notice of completion. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to the Commu- nity Building and the City Attorney preparing the resolution to the effect it has been accepted, and the plans and specifications and warranty be placed on file. Carried by unanimous vote. NOTICE OF MEETING OF WATER PROBLEMS ANr POLICY COivMITTEE OF SAN DIEGO COUNTY WATER AUTHORITY to be held January llth at 4:30 p.m., was read. MINUTES OF MEETING OF BOARD OF DIRECTORS OF THE SAN DTP 0 COUNTY WATER AUTHORITY held December 14th were presented, The documents were ordered filed by unanimous vote. COMMUNICATION FROM BEATRICE RADOVICH was read, stating she fell on a broken sidewalk at 640 "J" Avenue and injured her hand and fingers. CITY MANAGER BIRD recommended the communication be referred to the City Attorney and the insurance carrier. Approved by unanimous vote. 1/9/62 217 CITY MANAGER BIRD presented a Certificate of Insurance in connection with the Boys' Club, and recommended it be referred to the City Attor- ney. Approved by unanimous vote. CITY MANAGER BIRD stated some time ago the Junior Chamber of Commerce requested the City Council to aid and abet them by support from the Mayor and other Council members to bring to the City of National City a certain State-wide activity. REPORT FROM CHIEF CAGLE was read which stated it was determined the area of "E" Avenue between 8th and loth Streets and 9th Street between "D" and "E" Avenues would provide suf- ficient accommodations for participants and spectators. Arrangements have been made at Central School for the use of their facilities for the contestants. Notification has been received of confirmation National City has been approved for the 1962 state finals of the Teen- age Road-E-0, to be held at the above location on June 29th and 30th. A* this is the state finals, National City will be host to contestants and spectators from the entire State of California. CITY MANAGER BIRD stated on December 19, 1961, we received a report from the City Attorney in regard to the request made by certain emp- loyees of the City in relation to their longevity, and it had to do with being in conflict with the Veterans and Military Act of the State of California. It was the recommendation of City Manager Bird, the City Attorney be authorized to prepare an amendment to Ordinance No. 916, deleting the second half of Section 2 of said ordinance; which is: "provided however, that time spent in military service shall not be used in computing an officer's or employee's total uninterrupted service for longevity pay purposes." The recommendation was approved by unanimous vote. RESOLUTION NO. 8056 was read, amending Resolution No. 7954 adopting the Salary Schedule for 1961-62 as Per attached schedule. The amend- ment shall become effective January 16, 1962. CITY MANAGER BIRD stated the attached schedule shows Street Department Foreman Rate 29. Moved by Hollingsworth, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. COMMUNICATION FROM GEORGE DeHAVEN, COORDINATOR, CIVIL DEFENSE, rela- tive to training program, was read. Mr. DeHaven expressed his grati- tude for the cooperation and leadership initiated by the Mayor and City Council in the pursuit of the Civil Defense Training Program; also to express his sincere thanks and called the attention of the Mayor and Council to the fact all Heads of Departments have been most helpful and cooperative in assisting the Director of Civil Defense and himself in implementing this training orograu:. It should be made a matter of public record the City of National City is one of the few, 1/9/62 218 if not the only City in this area, to, send the City Engineer, namely Harold Foster, to the Architects and Engineers Shelter Analysis Instruction Course at Port Hueneme, Oxnard, Calif. The communication was ordered filed by unanimous vote. CITY CLERK ALSTON stated with reference to notification to the Water Company of the amount they are to pay on water taxes; Mrs. Alston stated she has a copy of a letter written in November, 1961, notifying them of the current year water taxes. Mrs. Alston stated Mr. Crawford of the California Water & Telephone Company and she have had telephone contacts in the oast on the matter and he has been supplied with the figures; we do not have any other written reports in our files but is sure some have been written, but apparently did not put them in the water file and they were thrown out when we went through some of the files. COUNCILMAN MORGAN stated perhaps our ordinance does state there is supposed to be a policeman fox every hundred persons, but thought we should check with the Police Chief and Manager and perhaps we should stiffen our ordinance in this category. Moved by Morgan, seconded by Allen, we have a report on this from. the City Attorney. Approved by unanimous vote. CITY MANAGER BIRD stated he had the minutes of the meeting of the Park and Recreation Advisory Board of December 7th. Moved by Reid, seconded by Morgan, the report be referred to the Finance Committee.. for study and report in the budget. CITY MANAGER BIRD stated there are certain items which should be referred, to the Finance and Budget Committee; however, the question asked by the Council as to the num. ber of members they would recommend on the. Board is answered in the report. COUNCILMAN MORGAN asked if there is any matter in the report thatcannot wait until next week. CITY MANAGER BIRD stated there is: not. COUNCILMAN REID AND COUNCILMAN MORGAN withdrew their motion. Moved by Morgan, seconded. by Reid, the report be laid over a week and a copy of same be supplied to members of the Council. Carried by unanimous vote. Moved by Reid, seconded by Morgan,. the meeting be closed. Carried by unanimous vote. Meeting closed at 3:10 p.m. ATTEST: I11'1C" CL OF NATIONAL CITY, CALIFORNIA 1/9/62