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HomeMy WebLinkAbout1961 11-21 CC MIN163 National City, California, November 21, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m. o'clock. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Bird, Foster, Gautereaux, 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. MAYOR HART announced Fire Station No. 2, 2140 Tidelands Avenue, will he dedicated today at 3:30 p.m. Moved by Morgan, seconded by Reid, the minutes of the regular meeting of November 14, 1961, and the special meetings of November 17, 1961, be approved, but the minutes show that Councilman Morgan abstained from voting on the special permit for the brewery. VICE MAYOR HOLLINGSiiORTE stated she was not present at the special meetings so thought the approval of the minutes should be separate. COUNCILMiAN MORGAN, with the approval of COUNCILMAN REID, withdrew the motion. Moved by Morgan, seconded by Reid, the minutes of the meeting of November 14, 1961, be approved with the correction Councilman Morgan abstained from voting on the special permit for the brewery. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. Moved by Morgan, seconded by Reid, the minutes of the special meetings of November 17, 1961, be approved. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Vice Mayor Hollingsworth abstained from voting. ORDINANCE NO. , "AN ORDINANCE AMENDING NATIONAL CITY BUSINESS LIC- ENSE ORDINANCE NO. 708 REGARDING BOWLING ALLEYS" was presented for the second and final reading, and the title was read in full. Upon motion of Hollingsworth, seconded by Morgan, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1012, "AN ORDINANCE AMENDING NATIONAL CITY BUSINESS LIC- ENSE ORDINANCE NO. 708 REGARDING BJWLING ALLEYS". Moved by Allen, seconded by Morgan, the Ordinance be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. MAYOR HART recognized former Mayor Walter F. Hodge. COUNCILMAN ALLEN stated the ordinance just adopted regarding bowling alleys says the taxing of the lanes is where there are six or more lanes in operation, and thought a check should be made of the particular 11-21-61 164 place we are trying to be of some assistance as he did not believe there are six lanes in operation. CITY TREASURER KERR stated they did have twelve, but she would check on it. ORDINANCE NO.an ordinance regarding sale of alcoholic beverages in National City, was presented. CITY MANAGER BIRD stated the Ordinance stated Ordinance No. 752, which is a typographical error, it should be Ordinance No. 753, and recommended the number be chanced, Moved by Allen, seconded by Morgan, the number of the Ordinance be changed, as recommended by the City Manager. Carried by unanimous vote. ORDINANCE NO. , AN ORDINANCE AiYiENDING ORDINANCE NO. 753 REGARDING SALE OF ALCOHOLIC BEVERAGES IN NATIONAL CITY, was presented for the econd and final reading. Upon motion of Hollingsworth, seconded by Allen, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1013, "AN ORDINANCE AmENDING ORDINANCE NO. 753 REGARDING SALE OF ALCOHOLIC BEVERAGES IN NATIONAL CITY". Moved by Morgan, sec- .mded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. ORDINANCE NO. , "AN ORDINANCE TO AIEND TIE UNIFORM LOCAL SALES AND USE TAX ORDINANCE", was presented for the second and final reading, Upon motion of Morgan, seconded by Reid, further reading of the Ordi- nance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1014, "AN ORDINANCE TO AMEND THE UNIFORM LOCAL SALES AND USE TAX ORDINANCE". Moved by Reid, seconded by Morgan, the Ordinance be adopted. Carried, by the following w to to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. REPORT FROM THE CITY ATTORNEY was read, stating at a hearing conducted by the Public Utilities Commission on November 15, 1961, regarding proposed changes to General Order No. 103, the California Water & Tele- phone Company made a motion the proceeding be dismissed on the grounds that the Commission did not have jurisdiction to order fire protection facilities proposed. The hearing was continued until February 21, 1962, to allow time for the parties interested to submit briefs on the issue. In the meantime, the report of the Commission's staff regarding the matter will have to be studied by the City Manager and City Attor- ney in order to ascertain the effect such a proposed order would have upon National City. REPORT FROM CITY ATTORNEY CURRAN was read, stating the California Water & Teleohone Company has sent the City of National City a check in the sum of $8,066.30 as payment pursuant to its contract with the City of 11-21-61 165 National City of unsecured taxes not previously paid during the past four fiscal years, as follows: $1,477,58 for the fiscal year 1957-58; $1,760.19 for the fiscal year 1950,s59; 0,085.64 for the fiscal year 1959-60; $2,742.89 for the fiscalVycr 1960-61. It was the recommen- dation of the City Attorney the check be delivered to the City Manager and the amounts tendered be verified as the sums due to the City from the California Water & Telephone Company. CITY MANAGER BIRD stated he is in possession of the check, and recommended he be authorized to check the figures on the tendered document, and if same is correct he be authorized to deposit the check with the City Treasurer and it be deposited in the General Fund. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved, and that he check with the County Assessor's Office to ascertain whether this coincides with their records. Carried by unanimous vote. WALTER F. HODGE, 2102 Grove Street, was present and stated at the time the City Council purchased some property on 21st Street, it was never dedicated for street purposes, and the property owners would like to initiate a 1911 Act to pave and curb the street, and asked the City dedicate the 65' by 410' strip of land from Grove Street to Newell Street as a City street, and initiate the 1911 Act petition which he presented to the Council. CITY MANAGER BIRD stated the City did pur- chase the property for the purpose of assuring ourselves access to Las Palmas ..Park from the east. Mr. Bird stated the requests of Mr. Hodge should each be considered separately. The first request of Mr. Hodge is that the street be dedicated as a public street; the second request is to file a 1911 Improvement Act on the street; it is not a street at the present time; therefore, you cannot have a 1911 Act upon it. It was the recommendation of the City Manager the dedication of the street be referred to the Planning Commission for a full report as to the desirability of dedication of a street; following that the petition for the 1911 Act Improvement be received by the Council, but be held in abeyance until the report of the Planning Commission is received and subsequent action of the City Council. Moved by Alien, seconded by Morgan, the transferring of tha City owned property to the citizens of National City for street purposes be referred to the Planning Commis- sion. Carried by unanimous vote. Moved by Allen, seconded by Morgan, the Petition be accepted by the City Council and held in abeyance by the City Clerk and if the dedication is approved, it be processed as a request for a 1911 Act. Carried by unanimous vote. MR. HODGE stated the petition for 1911 Act Improvement has been signed by one-half of the property owners, which is himself, as he owns one side of the street. 11-21-61 166 VERNER HAWKINS, 224 "F" Avenue, was present, and stated he owns three stores on National Avenue; 116, 120 and 122 and the occupants are hav- ing trouble with the parking situation. There are only two parking spaces available and if they could have one more space they could man- age and would appreciate anything the Council could do to alleviate the situation. CITY MANAGER BIRD stated he has a request from SAN DIEGO CONSTRUCTION COMPANY for an oversize driveway to be located at 128-130 National Avenue, and request the driveway width equalling the lot width which is 49 feet; this would increase the available parking spaces from two to five. CITY MANAGER BIRD stated this lot is 49 feet in width; our driveway ordinance specifically states there shall be not more than 40% of the frontage of a property utilized in a driveway, which in this case would be 19 feet. The ordinance also states in business areas the driveways shall begin not less than 11 feet from the property line unless an application is made with the deposit of the necessary fee as set forth by the ordinance, and a report is made, and the City Council grants such oversize driveway. In the case of the San Diego Construc- tion Company they requested an immediate reply on this and stated they misunderstood about submitting the application and wanted to pour the cement last Saturday. Mr. Bird stated he called San Diego Construction Company and informed them they could not pour the cement, it would have to take the normal procedure and have a report to the City Council; and requested a report from the City Building Department. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS was read, stating an inspection of the property located at 128-130 National Avenue was made, and it was observed the existing concrete curb and sidewalk has been completely removed along the entire National Avenue lot frontage; and this con- stitutes a violation of Ordinance 851 as no permit authorizing such work has been issued by the Building Dept. CITY MANAGER BIRD stated we have an ordinance violation, and we have a condition which has been brought to the Council's attention by Mr. Hawkins and that condition leads tb further study. The plan was approved by the Planning Depart- ment and the Planning Commission has been allowing oversized driveways at various locations because of necessarily meeting conditions. Mr. Bird said he will not recommend to the Council the request for the oversize driveway be granted, and suggested the application be held in abeyance and a study be made, not only of this particular request, but also of all the factors involved so we can determine what policy the Council is going to pursue. Mr. Bird recommended the Building Inspec- tor be authorized to carry through, sign a complaint with the aid of the City Attorney's office, in the violation of the ordinance. In regard to the study, there are a number of factors involved which must be considered. Moved by Reid, seconded by Allen, the recommendation of 11-21-61 167 the City Manager be approved. Carried by unanimous vote. MR. HAWKINS stated he wished to express his appreciation to the Council for the work they have been doing. HEARING ON PROPOSED ANNEXATION OF STEETiATER ANNEXATION NO. 4 was held at this time. COMMUNICATION FROM WM. AND HELEN W. SHELTON was read, protesting the proposed annexation. ANNEXATION PROTEST signed by Mary Good, was read. PROTEST signed by 15_persons was read. ADMINISTRATIVE ASSISTANT OSBURN stated the protests were referred to the City Planner. REPORT FROM CITY PLANNER STOCKMAN was read, stating petitions received signed by the owners of two parcels of land protesting the annexation to the City of National City, representing a land valuation of $2,320. and a building valuation of $3,900. or 13% of the total land and build- ing valuation of the annexation. COUNCILMAN ALLEN stated the petition containing the greatest number of names was signed by persons not liv- ing within the proposed annexation, only two people who protested are within the annexation. There was no one present protesting the pro- posed annexation. Moved by Morgan, seconded by Reid, the hearing be closed. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. Moved by Allen, seconded by Morgan, the annexation proceedings be referred to the City /Attorney for con— tinuation. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hart. Nays: Hollingsworth. ADMINISTRATIVE ASSISTANT OSBURN stated we have received no bids for the sale of real property owned by the City, and no one was present regarding same. Moved by Alien, seconded by Morgan, the sale of the property be referred to the Real Estate Committee and see if we can come up with a realistic price people will pay for the lots due to the face they have the easements on them. Carried by unanimous vote. COMMUNICATION FROM EL CAJON COMMITTEE FOR COMMUNITY FALLOUT SHELTERS was read, extending an invitation to attend a Coordination Conference on Friday, December 1, 1961, from 8:00 a.m. to 3:30 p.m. at the new Elks Lodge, 1400 E. E•:ashington, El Cajon. The purpose of the confer- ence is to implement a well -coordinated and workable plan for adequate Fallout Protection. MAYOR HART recognized former Mayor Clinton Matthews. VICE MAYOR HOLLINGSWORTH stated she had requested City Manager Bird to find out what the El Cajon Committee for Community Fallout Shelters had to do with our overall County Civil Defense. CITY MANAGER BIRD stated the Committee is a group of citizens who have no official stand- ing with the Unified Civil Defense Council of the County of San Diego. COUNCILMAN ALLEN stated what impressed him in the communication was 11-21-61 168 the fact any person in Livermore, California, can reach a shelter within three minutes from the time of a red alert. MAYOR HART stated he would like permission of the Council to get together with our Civil Defense Director, Council members, City Attorney, etc. to see what we can do. We could get to our shelters within five minutes from any place in the City; but we must come up with some way to finance it. Mayor Hart said he would recommend we get together to see what we can work out. Moved by Alien, seconded by Reid, the recommendation of the Mayor be approved, we all get together to see what can be done; and the Mayor and City Manager decide the date when such a meeting could be held. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 17,513.63 Traffic Safety Fund 2,404.00 Park Fund 596.35 Retirement Fund 4,654.38 Harbor Fund 155.40 Trust & Agency Fund 342.62 Special Street Fund 4,208.41 Drainage Fund 46,008.97 Park Construction Fund 17.94 Payroll Fund 51,888.55 TOTAL $127,790.25 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: Alien, Hollingsworth, Morgan, Reid, Hart. Nays: None. RESOLUTION NO. 8027 was read, authorizing the payment of $2,776.50 to Robert A. Bradt, Architect, which is for 3% now due of the preliminary cost estimate in connection with additions to and alterations of the existing Community Building on E. 12th Street, from the Capital Outlay Fund. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. ADMINISTRATIVE ASSISTANT OSBURN reported the following bids were received for Fencing of Paradise Creek Drainage Project, Unit #2: ALCO FENCE CO., INC., $10,667.44; CYCLONE FENCE, $13,690.00; SAN DIEGO FENCE CO., $111700.00; ATLAS FENCE CO., $10,600.00. REPORT FROM CITY ENGINEER FOSTER relative to the bids received for the Fencing of Paradise Creek Drainage Project, Unit #2, was read, recom- mending the contract be awarded to the Atlas Fence Company, as low bidder. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare a resolution for the award of the contract to Atlas Fence Company. Moved by Hollingsworth, seconded by Reid, the Atlas Fence Company be awarded the contract and it be referred to the City Attorney to prepare the resolution of award. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. 11 21 Al-. 169 MEMORANDUM FROM COORDINATOR OF CIVIL DEFENSE DeHAVEN was read, stating on November 16th all Heads of Departments met in the City Manager's Office and were briefed on Municipal Employees responsibility in the event of a disaster or nuclear war. Plans have been made to initiate a training program for all Municipal Employees in Civil Defense as soon as curriculum and mechanics involved can be satisfactorily worked out. MEMORANDUM FROM COORDINATOR OF CIVIL DEFENSE DeHAVEN, was read, stating we are required by the National Plan for Civil Defense to "establish protected emergency operating centers." At present our City Secondary Communications Center is located some 120 yards from our City Hall. This is impractical, even though convenient. Our present control cen- ter is unprotected. Conceded a Protected EOC is an expensive enter- prise, Mr. DeHaven states he feels it is incumbent on him to recommend the least we can do is remove our present EOC to an area or site removed from City Hall. It was suggested serious consideration be given to the Las Palmas Park area; further that a permanent protected emergency operating center site be selected and plans made for its construction without delay. Moved by Allen, the recommendation be referred to the City Manager, and that he and the Coordinator come up with recommendations to the City Council as to location, costs, etc. Motion died for lack of a second. Moved by Morgan, seconded by Reid, this be referred to the Finance Committee when the City Manager has sufficient information. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen, COMMUNICATION FROM DAVID D. WRIGHT was read, stating he is tendering his resignation as a member of the Park and Recreation Advisory Board. Moved by Morgan, seconded by Reid, the resignation be accepted with regrets. Carried by unanimous vote. Moved by Allen, the number of members on the Park and Recreation Advisory Board be held to seven members. Motion died for lack of a second. Moved by Hollingsworth, seconded by Morgan, a letter be sent to the Park and Recreation Advisory Board requesting their thinking as to whether they would prefer to have five, seven or nine members on the Advisory Board. Carried by unanimous vote. COMMUNICATION FROM CLARENCE E. MORRIS was read, requesting a variance on driveways for his new office building to be located on Plaza Blvd. close to Palm Avenue; eliminating an 11 foot side yard setback for the purpose of approaches and driveways to the property. Their plans call for driveways on both east and west sides of the property, to be estab- lished on the property line. CITY MANAGER BIRD recommended this be held for a week pending a report from the Engineering Department and the City Manager's office. Approved by unanimous vote. 11-21-61 170 COMMUNICATION FROM LIONS CLUB was read, stating they have started plans for their annual 4th of July celebration in Kimball Park Bowl for July, 1962, and wish to know what the City's Mans are regarding changes proposed in the Bowl as to hot water, sewage, etc. CITY MANA- GER BIRD recommended the communication be referred to the City Manager and the Supt. of Parks. Approved by unanimous vote. COPY OF COMMUNICATION ADDRESSED TO GOV.' BROWN FROM CITY ATTORNEY DALE AUSTIN, CITY OF OCEANSIDE, was read, stating the Council of the City of Oceanside requested the Governor consider as an item to be dis- cussed at the possible special session of the Legislature the subject of procedure and policies relating to the construction of fallout and bomb shelters pursuant to the Improvement Act of 1911. CITY MANAGER BIRD recommended the communication be received and placed on file. Approved by unanimous vote. Mr. Bird stated the reason for recommend- ing the communication be filed is because he is in possession of a League Bulletin which sets forth the action taken by the League, and primarily it has to do with certain resolutions requesting the Gover- nor to place on the agenda the fallout problem, also the tax problem relative to shelter fallouts, etc. It was the recommendation of the City Manager the Bulletin be documented and placed on file in the City Clerk's office and made available to the public; it answers a number of questions asked by peo,le in the audience as to what was accomplished at the League Conference, and why the City officials attended the Conference. Moved by Hollingsworth, seconded by Allen, the request of the City i',anager to place this document on file for the benefit of interested persons be approved. Carried by unanimous vote. COMMUNICATION FROM CUDAHY IMPROVEMENT ASSOCIATION, INC., CUDAHY, CALIF., was read, requesting the City's support and efforts in behalf of requesting Governor Brown to include as part of an extraordinary ses- sion, to run concurrently with the 1962 budget session starting in February, the subject matter of outlawing draw poker and low ball draw poker in California. The communication was ordered received and filed by unanimous vote. COMMUNICATION FROM STATE BOARD OF EQUALIZATION relative to deduction for cost of sales and use tax administration was presented. CITY OANAGER BIRD recommended the communication be received and placed on file by the City Clerk. Approved by unanimous vote. APPLICATION FOR TRANSFER OF ON SALE BEER BEVERAGE LICENSE by Clyde D. and Robert F. Bonamo, dba Linda's, 816 National Ave., was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of the application. Moved by Hollingsworth, sec- onded by Allen, the application be filed. Carried by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. 171 COUNCILMAN ALLEN excused. APPLICATION FOR TRANSFER OF ON SALE BEER & 'MINE BEVERAGE LICENSE by Ronald R. and William J. Kenner, dba Geisha Girl, 710 National Avenue was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of the application. Moved by Hollings- worth, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Hollingsworth, Reid, Hart. Nays: Morgan. Absent: Allen. COUNCILMAN ALLEN present. APPLICATION FOR OFF SALE BEER & WINE BEVERAGE LICENSE by Charlie R. and Herschel W. Glover, 1524 E. 18th Street, was presented. REPORT FROi POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of the application. Moved by Alien, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. RESIGNATIJN OF ED•:ARD i•. DEDRICK, Olivewood Housing employee, to be effective at noon, Thursday, November 16, 1961, was read. It was the recommendation of Housing Director Gautereaux the resignation be accepted. Moved by Morgan, seconded by Reid, the resignation be accepted with regrets. Approved by unanimous vote. VICE MAYOR HOL- LINGSWORTH asked if it will be necessary to replace Mr. Dedrick. HOUS- ING DIRECTOR GAUTEREAUX stated the NMaintenance Sint. and he have not discussed it as yet, but will discuss it with him as to whether or not the individual classification will have to be re -filled. REPORT FROM THE FINANCE C »i;•iITTEE was read, stating the request of the Chamber of Commerce for transfer of $2,500 from the Christmas Fund to the Brochure Fund was discussed. The Committee recommended the request be granted and the proper change in the contract be made. Moved by Morgan, seconded by Reid, the recommendation of the Finance Committee be approved. Carried by unanimous vote. CITY MANAGER BIRD reported the City Engineer and he have been in com- munication with the Directors of the Paradise Valley Sanitarium; we are attempting, and believe we can successfully negotiate the desires of the City, at which time the matter will be presented in full to the City Council. There is one item, which is the removal of some trees on Sanitarium Avenue, and with that in mind the City Forester and Supt. of Parks was asked to make a study of the advisability of moving the trees; there are eight to be moved as they will be in the right of way of the 20 feet dedicated by the Sanitarium to the City for street pur- poses. They wish to save the trees and the estimate of moving them is approximately $890. if they will allow us to move them directly east 11-21-61 172 from their present position. When the negotiation is satisfactorily consummated for final approval of Council it will be presented. CITY MANAGER BIRD reported a fallout shelter construction permit was issued to Gordon J. Mitchell; the American Building Company is the con- tractor. REPORT FROM BUILDING DEPT. was read, stating the subject con- struction has been inspected and found to be in violation of Ordinance 840, CITY MANAGER BIRD stated the Building Dept. has issued the neces- sary official document for correction of the violation. COMMUNICATION FROM THE METROPOLITAN WATER DISTRICT was read, relative to the City's intention to pay a portion of the water taxes. Moved by Hollingsworth, seconded by Allen, this be referred to the City Attorney to prepare a resolution indicating that National City will pay fifty percent of the taxes. Approved by unanimous vote. RESOLUTION NO. 8028 was read, dedicating for street purposes that cer- tain real property which was conveyed to the City of National City by deed from the San Diego County Tax Collector and. was authorized to be accepted by the City Council by the adoption of Resolution No. 8006 on October 10, 1961, and shall be known as Palm Avenue. Moved by Hollings- worth, seconded by Morgan, the Resolution be adopted. Carried by unani- mous vote. RESOLUTION NO. 8029 was read, accepting bid of Atlas Fence Company for the Fencing of Paradise Creek Drainage Project Unit No. 2. Moved by Allen, seconded by :Reid,. the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. Moved by Alien, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:10 p.m. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 11-21-61