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HomeMy WebLinkAbout1962 01-16 CC MINNational City, California, January Regular meeting of the City Council was called to order at 1:30 p.m. o'clock. Council members present: Allen, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, 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. Clark of the First Baptist Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of January 9, 1962, be approved. Carried by unanimous vote. Moved by Morgan, seconded by Reid, the report of the Harbor Committee be presented at this time. Carried by unanimous vote. REPORT OF HARBOR COMMITTEE was read, recommending a new lease be drawn up for Nalco Plumbing and Heating Company, effective April 1, 1962, at .04,E per square foot per annum for the first two and one half years; .050 per square foot per annum for the second two and one half years, with a renewable option for a second five years at a minimum of .050 per square foot per annum, or a maximum of .080 per square foot per annum. The Committee also recommended the conditions of the existing lease be maintained "as is." Moved by Alien, seconded by Reid, the recommendation of the Harbor Committee be approved. Carried by unani- mous vote. Moved by Allen, seconded by Morgan, the City Attorney be instructed to prepare a lease contract. Carried by unanimous vote. RESOLUTION NO. 8057 was read, "RESOLUTION ACCEPTING EL TOYON COMMUNITY BUILDING". Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 916 REGARDING ommoogomommom 219 16, 1962 by Mayor Hart Hollingsworth, LONGEVITY PAY FOR NATIONAL CITY EMPLOYEES", was presented for the first reading and read in full. ORDINANCE NO. , "AN ORDINANCE REQUIRING DAILY REPORTS FROM PAWN- BROKERS AND SECOND-HAND DEALERS", was presented for the second and final reading. Upon motion of Hollingsworth, seconded by Morgan, the reading of the Ordinance was waived. The motion was adopted by unani- mous vote. ORDINANCE NO. 1021, "AN ORDINANCE REQUIRING DAILY REPORTS FROM PAWN- BROKERS AND SECOND-HAND DEALERS". Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. 1/16/62 220 ORDINANCE NO.rt�, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 962, OF THE CITY OF NATIONAL CITY, CALIFORNIA", was presented for the sec- ond and final reading. Upon motion of Allen, seconded by Reid, the reading of the Ordinance was waived. The motion was adopted by unani- mous vote. ORDINANCE NO. 1022, "AN ORDINANCE AMMENDING ZONING ORDINANCE NO. 962, OF THE CITY OF NATIONAL CITY, CALIFORNIA". Moved by Morgan, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. ATTORNEY CURRAN stated the minutes of the last meeting require clari- fication because of the reference on Page 211 in the City Attorney's report regarding the Colorado River water and the contract between the City of National City and the California Vater and Telephone Company, so there will be no misapprehension as to the true nature of the existing contract. The contract is a ten year contract which has the termination date of June 30, 1962; however, it is specifically pro- vided in the contract in the event neither party serves notice of ter- mination to the other, the contract then will be continued in full force and effect. Attorney Curran said he thought this is important because of the fact it is the very thing which the committee of the Council have to meet with the Committee of the South Bay Irrigation District and the limits of the contract should be clear. ATTORNEY CURRAN reported the Boys Club has filed a Certificate of Insurance which has been issued by the Insurance Agents Association of National City, showing the Boys Club has liability insurance, and recommended the Certificate be filed. Approved by unanimous vote. ATTORNEY CURRAN stated with regard to the matter of tow away zones, the Legislature in 1959 repealed the former Vehicle Code and enacted an entirely new Code which has section numbers completely different from the former Vehicle Code. The Traffic Ordinance of National City has a few references to the section numbers used in the Vehicle Code as adopted prior to 1959. The City Attorney has spent some time in attempting to ascertain what the best procedure would be in order to make certain our traffic ordinance was enforceable as to those sec- tions, and also in order to make certain our traffic ordinance is sufficient for the needs of the City today. After conferring with the City Manager and Chief of Police in the matter, who is the Traffic, Engineer, the City Attorney now recommends to the Council an ordinance be prepared which would bring our existing Traffic Ordinance No. 827 to date by making reference to the prover Code sections in the Vehicle Code of California as adopted in 1959 and is now amended in 1961, and the provision which has previously been authorized for the inclusion 1/16/62 221 of tow away zones between the hours of 4:00 a.m. and 6:00 a.m. on National Avenue be included with the general amendment to Ordinance No. 827. Moved by Allen, seconded by Reid, the recommendation of the City Attorney in regard to changing the existing Traffic Ordinance to comply with the new specifications of the California Vehicle Code be approved. Carried by unanimous vote. CITY ATTORNEY CURRAN stated following the last City Council meeting, he conferred with the City License Collector with reference to the application for a dance license at the premises known as the Palladium 3allroom, and as a result of the conference there was a letter addres- wd to Howard Gosser from the City License Collector, stating notice is given the undersigned recommending to the City Council the revoca- tion of Mr. Gosserts application to operate a dance hall, known as the ?alladium Ballroom, 21 W. 7th Street, National City. The reasons for the recommendation are: Mr. Gosser operated the dance hall for a period of one month before applying for a business license; the check Mr, Gosser gave for his fee was returned by the bank and payment thereon was refused. Notice is further given each of the above recom- mendations shall be made to the City Council at the next regular meet- ing of the Council at 1:30 p.m., Tuesday, January 16, 1962; at such time and place Mr. Gosser may appear and be heard by the City Council, or at such other time and place as may be fixed by the City Council. ATTORNEY CURRAN stated with reference to the last paragraph of the letter, the Ordinance is clear the Council, with these prerequisites having been accomplished, is now in a position to hold a hearing at such time as it sees fit with reference to the application to operate a dance hall at 21 W. 7th Street. Moved by Morgan, seconded by Reid, we hold a hearing on the Palladium at this time. Carried by unanimous vote. HOWARD GOSSER, 681 "I" Avenue, Chula Vista, wasitresent and stated he did not intend to have any teen-age dancing, if/was the desire of the Council, and if they desired to state on his dance license "no one under 21 years of age allowed" it would be satisfactory with him. Mr. Gosser said he has been running an adult dance for the past two weeks very successfully, and no one under 21 years of age has been allowed; and he would like to continue the adult dancing at the ballroom:. Mr. Gosser stated he did not operate one month without a license; the check was returned from the bank and the same day the payment was made for the license and the License Clerk took the money, and she charged him a penalty of $7.50 when he bought the license and said he had been operating a month without a license. Mr. Gosser stated he does not permit liquor at the Palladium Ballroom, but they have the problem of adults sneaking it in, and he has a policeman who goes around and 1/16/62 222 takes it away from them. Mr. Gosser said if the Council closes the Palladium Ballroom there should be steps taken to close a number of dance halls in National City that sell liquor and have fights. REV. FLOYD E. PITTMAN, 1305 Harbison Avenue, was present, and stated he would like to thank the Council for the stand they have taken on the question, and he would like to have the Council adopt an ordinance where it would be unnecessary to have this sort of thing. The ordi- nance perhaps needs amending on the size of the dance, it needs to be definitely straightened out regarding age; needs something amending as to liquor being brought into the dance hall, that the person oper- ating it would be liable of losing his license. The ministers are behind the Council on this stand and appreciate the recommendation taken today, and hope you will go along with the recommendation and come up with a good clean cut ordinance so we will have no more such problems. The Ministerial Association would like to go on record as definitely being against any kind of a dance hall in this location, because we do not feel it can be controlled whatsoever. AUGUST FETKENHOUR, 205 E. 8th Street, Manager of Sprouse Reitz Company, was present, and presented a petition signed by 45 businessmen in the downtown area of National City, opposing the reopening of the Palla- dium Ballroom for teen-agers or adults, and opposed to any further liquor licenses in National City. Moved by Hollingsworth, seconded by Morgan, we uphold the recommendation of the City License Clerk. COUNCILMAN MORGAN asked if the hearing should not first be closed. MAYOR HART said it should. COUNCILMAN MORGAN withdrew his second to the motion, and motion died for lack of a second. Moved by Reid, sec- onded by Morgan, the hearing be closed. Carried by unanimous vote. Moved by Hollingsworth, seconded by Morgan, the recommendation of the City License Collector on the grounds given in the letter be approved, and the license be denied. Carried by unanimous vote. CITY ATTORNEY CURRAN recommended the claim against the City signed by Brooks Crabtree be rejected. Approved by unanimous vote. ATTORNEY CURRAN stated with reference to placing on the ballot at the General Municipal Election in April a proposition for the considera- tion of the voters as to whether or not there should be a bond issue authorized for a Civic Center, the shortness of time requires the City move rapidly, as it is customary in these matters a special bond coun- sel be retained so the matter will be properly submitted and there will be no problems of technicalities with reference to the bidding on the bonds. The City Attorney requested Franklin T. Hamilton to prepare a proposal for the City whereby he would act as special bond councel in the matter. VICE MAYOR HOLLINGS1hORTH stated she is not in 1/16/62 223 favor of calling the proposed building a "Civic Center", but thought it should be more specific, new "City Hall". COUNCILMEN ALLEN and MORGAN said they would prefer to have it designated as a "Civic Cen- ter". ATTORNEY CURRAN stated the very first matter which is going to have to be decided in order to have sufficient information to submit the proposition to the voters is the very point which has been raised, and that is in the bond proposition which the Council must act upon, there has to be described the general purpose for which the bond money is to be spent. We need to have sufficient directions to know whether certain structures, one or more are contemplated, what function this structure shall perform, whether there is any land to be acquired with the bond money, and in general we need some details. ATTORNEY CURRAN said the Council can act upon these matters now; however, even though we have a tight schedule the matters can be referred to a committee so something in writing can come back for consideration of the Coun- cil at the next meeting when it will be acted upon and made available for the City Attorney and the special bond counsel. There are several items to be considered; it will have to be determined whether or not it is anticipated the $750,000.00 contemplated would be the full cost of all the improvements or whether other funds would be made available. COUNCILMAN ALLEN stated the three sites which have been under consid- eration are all City owned property, so there would not be any pur- chase of property to be considered. Moved by Alien, we call it Civic Center. Motion died for lack of a second. Moved by Hollingsworth, seconded by Reid, following the meeting on Civil Defense tomorrow at 1:45 n.m. she would recommend to the Chairman of the Finance Committee there be a meeting of the Committee. Carried by unanimous vote. ATTORNEY CURRAN stated in view of the action of the Council, he would recommend the letter he requested Franklin T. Hamilton address to the City Council be referred to the Finance Committee to be acted upon. Approved by unanimous vote. COUNCILMAN MORGAN, Chairman of the Finance Committee, stated there will be a meeting of the Finance Com- mittee tomorrow afternoon after the Civil Defense meeting. CITY MANA- GER BIRD stated the Civil Defense meeting has not been established as yet. Moved by Alien, seconded by Morgan, we have the meeting at 1:45 n.m. tomorrow. Carried by unanimous vote. EVE BISBERG, 1826 E. 8th Street, was present, and stated in listening to the hearing regarding the Palladium she felt it was a very sudden decision to hold a hearing, and did not agree with the Council's treat- ment of the owner of the Palladium Ballroom. REV. FLOYD S. PITTMAN, 1305 Harbison Ave., was present, and stated in the Councils defense he thinks we had a hearing on the matter three or four times, and he did not feel the Council needs to be ashamed or lower their heads in 1/16/62 224 anything they have done today; nor the City Attorney. Rev. Pittman said he feels the City has gone overboard in trying to give Mr. Gosser a chance to find out what he wanted, and to find out how he was going to operate it, and it was never quite defined. Rev. Pittman stated he would like to make his stand for the City Council and the City Attorney and felt they have acted according to the feelings of the majority of the city and do not feel they have acted unwisely. Two weeks ago, if you only acted according to man and not according to law you would not have asked for the Attorney's decision first; and commended the Council -.nor waiting for the Attorney's action on the decision which was to hold a hearing, which was done. HOWARD GOSSER, 681 "I" Street, Chula Vista, was present, and asked what he could do in the location of the Palla- dium to be in business. Mr. Gosser said he did not operate without a license for a month; one dance was operated without a business license; however, it was not his dance the night of the fight, he had the ball- room leased out to a club for the dance. If the Palladium Ballroom is closed because there was fighting some of the other night clubs should be checked. Mr. Gosser asked if he could rent the ballroom for a pri- vate party. MAYOR HART stated it is his understanding Mr. Gosser could operate a restaurant, but dancing in the building is prohibited. Mr. Gosser stated he had rented the ballroom for a ship's party tonight, and questioned if it could be held. MAYOR HART stated the Attorney has advised, if the Council so desires, they could allow the dancing tonight since the arrangements have been made with the Navy, and the previous motion be rescinded and make it effective tomorrow. Moved by Alien, seconded by Reid, the motion be rescinded. Carried by unanimous vote. Moved by Morgan, seconded by Reid, the license be revoked, effective tomorrow. Carried by unanimous vote. MR. GOSSER asked if another ship's party rented the building could they get a permit for that night. MAYOR HART said they could not. EVE BISBERG, 1826 E. 8th Street, was present, and stated she would like to remind Rev. Pittman we are all citizens and she did not mean it only in the critical criticism which she, as a citizen, has the right to exercise. Mrs. Bisberg stated she believed the people are confused as to the location where the proposed Civic Center is going to be, and if we are going to vote on it we should know the location and all the plans for it. We have had so many annexations to our City recently she wished the Planning Commission and the City Council would see that all future annexations are for the good of the entire City, not for just the people who are asking to be annexed. COUNCILMAN ALLEN stated he received a notification of the change of the Civil Defense meeting from January 22nd to the 29th and he has an engage- ment at that time, and asked Mr. Reid if he will attend the meeting as the City's alternate, to which he consented. 1/16/62 225 Moved by Alien, we start the second phase of disposing of the publicly owned housing. Motion died for lack of a second. Moved by Morgan, seconded by Reid, we refer the question of the phasing out of the two- story housing to the Finance Committee, with the City Manager's facts and figures presented at a meeting of the Finance Committee at a later date. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. MAYOR HART stated he holds '_'open house" on the first and third Wednes- days of each month, and some people have asked him if he is still there at that time as they have heard nothing further. Mayor Hart stated he is in his office on those days, and accepts telephone calls, and if they cannot get to the City Hall during the day he will see them any- time. COUNCILMAN ALLEN stated his home and office telephone numbers are available to anyone, and anytime day or night, within a reasonable hour, are always open to any citizen interested in calling him for any- thing at all. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 21,132.71 Traffic Safety Fund 4,437.74 Park Fund 182.89 Harbor Fund 213.72 Trust & Agency Fund 25.00 Park Construction Fund 47.00 Payroll Fund 53 , 019 89_ TOTAL $ 79,058.95 Moved by Morgan, seconded by Reid, the bills be approved for payment, and warrants ordered drawn for same. Carried by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. RESOLUTION ND. 8058 was read, authorizing the expenditure of $435.69 to W. J. Haas, payment on El Toyon Community Building. Moved by Morgan, seconded by Reid, the Resolution be adooted. Carried by unanimous vote. COMMUNICATION FROM J. D. MANN was read, relative to the two-story, sub- standard "Defense Housing" owned and managed by the City, and requested the Council rid the city of these eyesores and sell the property so someone can build on it who would have some pride of ownership. CITY MANAGER BIRD recommended the communication be referred to the Real Estate Committee. Approved by unanimous vote. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Patricia M. and Thomas W. Stone, dba Fred & Vickie's Econo-Mart, 2517 National Avenue, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of the application. Moved by Allen, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. 1/16/62 226 APPLICATION FOR TRANSFER OF ON SALE GENERAL LICENSE to Harold and Yoshika Grasser, dba The Tahiti, 819 National Avenue was presented. REPORT FROM CHIEF OF POLICE CAGLE reported investigation reveals no grounds for protest of the transfer. Moved by Reid, seconded by Allen, the application be filed. Carried by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. APPLICATION FOR TRANSFER OF ON SALE GENERAL LICENSE to Margaret M. Schell dba Pink Pig, 2305 Highland Avenue, was presented. REPORT FROM CHIEF OF POLICE CAGLE reported the purpose of the transfer is the name of Mrs. Schei's spouse is being dropped from the license and stated inves- tigation reveals no grounds for protest of the application. Moved by Allen, seconded by Reid, the application be filed. Carried by the fol- lowing vote to -wit: Ayes: Alien, Hollingsworth, Reid, Hart. Nays: Morgan. CITY MANAGER BIRD presented Covenant Running with Land by Rodin S. Horrow for property at 22nd and Hoover, and two Covenants Running with Land by Leonard E. Teyssier, President, Atomic Investments, Inc., for property east of "D'" Avenue in the 3200 and 3300 blocks. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the neces- sary resolutions accepting the Covenants and the City Clerk record same. Moved by Allen, seconded by Morgan, the recommendation of the City Manager be approved. Carried by unanimous vote. RESIGNATION of Norma L. Sams, Clerk Matron, effective January 31, 1962, was presented. CO'MUNICATION FROM POLICE CHIEF CAGLE recommended acceptance of the resignation. Moved by Reid, seconded by Morgan, the resignation be accepted with regrets. Carried by unanimous vote. COMMUNICATION FROM CITY ENGINEER FOSTER recommended the Fencing of Paradise Creek Drainage Project Unit #2 be accepted by the City and the City Clerk be authorized to file a notice of completion. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the neces- sary resolution of acceptance. Moved by Allen, seconded by Reid, the recommendation of the City Manager be approved. Carried by unanimous vote. COMMUNICATION FROM SAN DIEGO COUNTY HEART ASSN. requesting a permit be issued to allow them to conduct their annual Heart Fund Campaign in February. Moved by Alien, seconded by Reid, a permit be issued. CITY MANAGER BIRD recommended the motion include the letter be referred to the License Clerk to notify the Heart Assn. COUNCILMAN ALLEN, with the approval of Councilman Reid, amended the motion to include the City Manager's recommendation. Carried by unanimous vote. 1/16/62 227 APPLICATION FOR OVERSIZED DRIVEWAY by Ualter F. Hodge in 2000 block on 21st Street was presented. CITY MANAGER BIRD recommended the applica- tion be referred to the City Manager and City Engineer for a report. Motion carried by unanimous vote. APPLICATION FOR REFUND of $25. by Mrs. J. S. Sablon and application for refund of $25. by Paul Duckworth. Both have been inspected and approved by the Engineering Inspector. CITY MANAGER BIRD recommended the proper officials be authori^ed to refund the $25. each. Moved by Morgan, seconded by Reid, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. MINUTES OF PARK & RECREATION ADVISORY BOARD meeting of January 4, 1962, were read and ordered filed by unanimous vote. CITY MANAGER BIRD stated the dedication of the El Toyon Community Build- ing is scheduled for February 16th, and requested the Council authorize the expenditure of $9,500 to furnish the building. Moved by Allen, seconded by Reid, the matter be referred to the Finance Committee. CITY MANAGER BIRD stated the matter should be expedited. COUNCILMAN ALLEN, with the approval of Councilman Reid, withdrew the motion. CITY MANA- GER BIRD recommended the Manager's office be authorized to equip and furnish the El Toyon Community Building within the limits of $9,500. Moved by Morgan, seconded by Reid, the City Manager's recommendation be approved. Carried by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. CITY MANAGER BIRD reported the official parade route of the March of Dimes has been publicized, and believed the Council members had received their official invitations to attend. CITY CLERK ALSTON stated the Mayor requested her to read a notice to all employees of National City stating several of our employees are in need of blood replacement from our blood bank, which now has no replace- ment on hand, and asked anyone able to give blood to do so. CITY CLERK ALSTON announced the meeting of the League of California Cities on Friday, January 19th; the City of El Cajon will be the host. CITY CLERK ALSTON recommended the election officers be paid the fol- lowing amount: Inspectors, $15.00; Judges and Clerks $12.00; and $10.00 for polling places; and the polls be open from 7:00 a.m. to 7:00 p.m. Approved by unanimous vote. CITY PLANNER STOCKMAN stated a survey conducted by her recently on the annexations made by the City between 1959 and to be completed, revealed two annexations; Atomic Investment Company Annexation and Sweetwater Annexation No. 4 should be included in the resolution deleting them 1/16/62 228 from the Lower Sweetwater Fire District. Eighth Street Annexation and Williams Manor No. 6 Annexation were not recorded as lying with any portion of the Lower Sweetwater Fire District and do not believe any action need be taken. Ramm's Subdivision Annexation was recorded as being within the jurisdiction of the Fire Department of the City of San Diego. Moved by Allen, seconded by Reid, the recommendation of the City Planner be referred to the City Attorney for whatever action is necessary. Carried by unanimous vote. RESOLUTION NO. 8059 was read, accepting Fencing of Paradise Creek Drain- s,ge Project Unit #2, and authorized the filing of a Notice of Comple- tion. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Moved by Morgan, seconded by Reid, we send each City in the area a copy of Resolution No. 8055 regarding tax stateaents, and request they adopt a resolution similar to ours and send it to the County Board of Super- visors. Carried by unanimous vote. Moved by Reid, seconded by Morgan, the greeting be closed. Carried by unanimous vote. Meeting closed at 3:11 p.m. ATTEST: i cCLERK ' MAY R,° C TY OF NATI�►t A CITY , CALIFORNIA 1/16/62