Loading...
HomeMy WebLinkAbout1961 12-19 CC MIN190 National City, California, December 19, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p,m. o'clock, Council members present: Alien, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Gautereaux, Hergert, Kerr, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. taayaan of the First Methodist Church. RESOLUTION NO. 8042 was read, "RESOLUTION APPOINTING CITY ENGINEER FOR PERFORMANCE OF 1911 IMPROVEMENT ACT WORK". Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8043 was read, "RESOLUTION ADOPTING PLAT SHOWING EXTERI'JR BOUNDARIES OF ASSESSMENT DISTRICT (TWENTIETY STREET PROM GRANGER AVENUE TO RACHAEL AVENUE AND GRANGER AVENUE FROM TWENTIETH STREET TO TWENTY- FOURTH STREET". Moved by Reid, seconded by Morgan, the Resolution be adtopted. Carried by unanimous vote. RESOLUTION NO. 8044 was read, "RESOLUTION ADOPTING PLANS AND SPECIFICA. TIONS (TWENTIETH STREET FROM GRANGER AVENUE TO RACHAEL AVENUE AND GRAN- GER AVENUE FROM TWENTIETH STREET TO TWENTY FOURTH STREET)". Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unani- mous vote. RESOLUTION NO. 8045 was read, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (TWENTIETH STREET FROM GRANGER AVENUE TO RACHAEL AVENUE AND GRANGER AVENUE FROM TWENTIETH STREET TO TWENTY FOURTH STREET)", Moved by Reid, seconded by Morgan, the Resolution be adopted, Carried by unanimous vote. RESOLUTION NO. 8046 was Lead, "PRELIIINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (TWENTIETH STREET FROM GRANGER AVENUE TO RACHAEL AVENUE AND GRANGER AVENUE FROM TWENTIETH STREET TO TWENTY FOURTH STREET)". Moved by Morgan, seconded by Reid, the Resolution be adopted. Carrie. by unanimous vote. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of December 12, 1961, be approved. Carried by unanimous vote. MAYOR HART presented Arthur Hokenson, Motor Patrolman, with a twenty year service pin. MAYOR HART recognized two young. men from Granger Junior Nigh School. 12/19/61 191 ORDINANCE NO, , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'SWEETWATER ANNEXATION NO. 4' TO THE CITY OF NATIONAL CITY", was presented for the first reading and read in full. ORDINANCE NO.__ �, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'ATOMIC INVESTNENT COMPANY ANNEXATION' TO THE CITY OF NATIONAL CITY", was presented for the second and final reading. Upon motion of Allen, seconded by Reid, reading of the Ordi- nance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1018 was read, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'ATOMIC INVESTtENT COMPANY ANNEXATION' TO THE CITY CO NATIONAL CITY". Moved by Morgan, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to - wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsmorth. ATTORNEY CURRAN reported the Alcoholic Beverage Control Appeals Board has served the City Attorney with a copy of the notice which the Board sent to the San Diego Tavern and Restaurant Association, stating oral arguments in the matter of the appeal taken by that Association from the decision of the Alcoholic Beverage Control Board sustaining the protests of the City of National City to the granting of a liquor lic- ense to Harold F. Dodds will be hard on Thursday, January 25, 1962, in Los Angeles. Moved by Hollingsworth, seconded by Morgan, the City Attor- ney be authorized to appear and all material amassed by our Police Department regarding raids and other difficulties in the so-called teenage dance hall be furnished the City Attorney to present to the Board. Carriedby unanimous vote. ATTORNEY CURRAN stated with reference to the question as to whether or not the California Crater & Telephone Company should be paying the City of National City interest for failing to pay all the money which became due to the City by virtue of the contract between the parties, the Attor- ney for the Water Company stated in a letter he is of the firm view the California Water & Telephone Company is neither morally nor legally liable for interest; he points out Paragraph 5 of the contract provides as soon as the amount of taxes to be levied by the Metropolitan Water District and the San Diego County Water Authority are fixed and deter- mined the City shall promptly notify the Company as to the said amount. He stated further the City has failed to comply with this provision of the contract so no blame should be attached to the Company for failure to make the payments. Attorney Curran stated this raises certain legal problems, it also indicates rather clearly the existing agreement by which the California Water & Telephone Company is able to receive Colo- rado River water leaves something to be desired. The agreement will 12/19/61 192 expire June 30, 1962, except for a provision which states that if neither party takes any steps to notify the other of desire to termin- ate, then there shall be an automatic extension of the agreement. In view of the tenure of the letter and the position taken by the Califor- nia hater & Telephone Company it appears the City might very well exam- ine the contract in detail in order to determine what, if any, steps it should take within the time provided in the contract with reference to further permit the California Water & Telephone Company to receive the Colorado River water which the City is entitled to receive. Moved by Morgan, seconded by Alien, the City Attorney be authorized to review the contract and make a recommendation on the procedure for the next contract. Carried by unanimous vote. Moved by Hollingsworth, seconded by Allen, the Council be informed by the City Clerk what the procedure has been by the City in notifying the Water Company under the terms of the contract. Carried by unanimous vote. CITY ATTORNEY CURRAN stated a question was raised by Officer Hokenson with reference to Ordinance No. 916 which provides longevity pay for each period of five years service which the City employee has satis- factorily performed. At the present time because of the expressed pro- vision in the motion which authorized the preparation of the Ordinance, Officer Hokenson will not receive longevity oay for twenty years of service because of the fact a certain oortion of that time was spent with the Armed Services during World War II. There are several other City employees who are likewise suffering the same disability. The question as to the provision in the Ordinance raises a technical prob- lem in view of certain provisions of the State law; however, the City Attorney feels it is something which the Council, if it desires, can change in a hurry, and therefore believes the Council should consider whether or not the Ordinance as it is presently written really carries out the desire of what the Council intended at the time the Ordinance was adopted. Moved by Alien, seconded by Reid, it be referred to the Finance Committee with a report by Mr, Bird at the time if we want to change it we will be able to do so prior to the next budget. Carried by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present and wished the Council a Merry Christmas. Mr. Alsdorf stated one of the things he brought up at the last Council meeting proved to him this week he was not wrong when he requested signs be posted stating "If you drive, don't drink, if you drink, don't drive" as there was an accident at 8th and "D". Mr, Alsdorf thanked the Council and City Manager for opening up an alley between "J" and "K" Avenues and 21st & 22nd Streets, Mr. Alsdorf stated one day last week the Park Department made an umbrella out of a pepper 12/19/61 193 tree which he has in front of his house. Mr. Alsdorf stated he realizes the tree belongs to the City but he is just as much responsible as the City is for the tree, and asked the Council to go on record as giving the property owner 30 days notice before his trees are trimmed; and said he feels he has been done an injustice. COUNCILMAN ALLEN asked the City Manager if he had the information on the movie and issuance of certificates tomorrow to the Civil Defense class. CITY MANAGER BIRD stated the schedule will be firmed up this afternoon; the first part of the program will be the administering the Oath of Civil Defense by the City Clerk, followed by presentation of certificates by the Supt. of the Adult High School and following there will be presentation by the Mayor of City certificates; the rest of the program is being worked out by Mr. DeHaven and Mr. Young, the instruc- tor. COUNCILMAN ALLEN stated a portion of the program will be open to the public for the showing of a film issued to us by the Swedish Con- sulate, which shows the amount of activity the Government in Sweden has put into fallout shelters. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $ 15,997.88 Traffic Safety Fund 162.47 Park Fund 512.64 Retirement Fund 9,415,68 Harbor Fund 193.07 Trust & Agency Fund 265.00 Special Street Fund 449.38 Payroll Fund 50,953.38 TOTAL $ 77,949.50 Moved by Morgan, seconded by Reid, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart, Nays: Hollingsworth. CITY MANAGER BIRD stated due to the action reported by the City Attorney in relation to the hearing in Los Angeles on January 25th, it becomes incumbent upon him to alert the City Council officially of what has been happening at the Palladium in relation to police activity, made necessary by rioting and disorderly conduct as reported by the files of the Police Department, COMMUNICATION FROM CHIEF OF POLICE CAGLE was read regarding the Palladium and set forth information which might be of assistance in determining a proper course of action to bring the matter to a satisfactory conclusion. Under Ordinance 708, Section 54, it was requested an immediate appraisal of this business operation be instigated toward the possible revocation by the City Council of the license. CITY MANAGER BIRD recommended the file and the request be referred to the City Attorney because of the legal questions raised, and upon receipt of his report, the City Council can make their decision 12/19/61 194 of policy. Moved by Morgan, seconded by Alien, the recommendation of the City Manager be approved. COUNCILMAN MORGAN, with the approval of Councilman Allen, amended their motion to include the City Attorney be authorized to check into the matter to the fullest extent, and notify the police and have them take any steps they deem necessary. Carried by unanimous vote. REPORT FROM CITY ENGINEER FOSTER relative to Paradise Creek Drainage Project Unit #2 was read, recommending the job be accepted as complete and the City Attorney be authorized to prepare a resolution of accep- tance, and order the filing of a notice of completion. Approved by unanimous vote. COMMUNICATION FROM DIVISION OF HIGHWAYS relative to 8th Street, was read, stating approval of the Council's action in awarding the contract to Kenneth H. Golden Company is granted. Communication ordered filed by unanimous vote. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Arthur A. & Irene G. Alvarez, Speedee Mart #11, 702 Highland Avenue, was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of the application for transfer. Moved by Hollingsworth, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart, Nays: Morgan, APPLICATION FOR TRANSFER OF ON SALE BEER BEVERAGE LICENSE by Leo Zanier, Sportsman's Inn, 2214 National Avenue, was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation revealed no grounds for pro- test of the application. Moved by Reid, seconded by Hollingsworth, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. COMMUNICATION FROM NALCO PLUMBING & HEATING COMPANY was read, stating they wish to renew their lease on property at 1420 Tidelands Avenue, which expires March 31, 1962. CITY MANAGER BIRD recommended the commu- nication be referred to the Harbor Committee for a meeting with the Nalco Plumbing Company's representative. Approved by unanimous vote. MINUTES OF SOUTH BAY IRRIGATION DISTRICT'S MEETING of December 5, 1961, were presented and ordered filed by unanimous vote. COMMMUNICATION FROM T. M. HEGGLAND, Chief Administrative Officer, County of San Diego, was read, relative to the elimination of per diem charges for the care of city prisoners sentenced to a County Honor Camp. A resolution to eliminate the per diem charge was attached. CITY MANAGER BIRD recommended it be referred to the City Attorney for scrutiny of the proposed resolution. Approved by unanimous vote. 12/19/61 195 COMMUNICATION FROM MR. AND MRS. ROBERT F. RICHARDS was read, stating they wished to appeal the action taken by -the Planning Commission on December llth in granting a waiver for curb and sidewalk on the south side of 21st Street to Walter F. Hodge. Another communication from Mr. and Mrs. Richards addressed to the City Manager was read, stating they would like to have the City Manager bring before the Council an amendment or change in the ordinance and immediate action taken, whereby our ordinance pertaining to curbs and sidewalks will be enforced in spite of 1911 Acts which are requested on the streets. Moved by Hollingsworth, seconded by Morgan, the communication be sent to the Planning Commission. CITY PLANNER STOCKMAN stated if an appeal is pre- sented to the City Council, the Council shall at their next regular meeting or within 30 days, make the final decision. VICE MAYOR HOLLINGSWORTH, with the approval of Councilman Morgan, withdrew the motion. Moved by Alien, seconded by Reid, the action of the Planning Commission be denied in the waiver, and we require the fulfillment of Ordinance 962 by the person requesting the waiver. Carried by unani- mous vote, CITY MANAGER BIRD stated with regard to the second communi- cation from Mrs. Richards, it raises, in his opinion, a declaration of policy by the City Council. MRS. RICHARDS, 1411 E. 16th Street, was present, and stated she is in accord with 1911 Act Improvements and it is the only way we will have to get in the streets and curbs. If the 1911 Improvement is for an entire street and asks only for streets and curbs it seems the ordinance could be changed, or so stipulated it could be done; otherwise you should enforce your ordinance requiring curbs and sidewalks. COMMUNICATION FROM SHELL OIL COMPANY was read, stated they are purchas- ing property on the Northeast corner of 8th Street and Palm Avenue for construction of a Shell Service Station, and requested permission to slope the sidewalk on Palm Avenue 1/4 inch per foot down toward their property line; also to install 35 foot wide driveways. REPORT FROM CITY ENGINEER FOSTER was read, recommending the oversize driveways be permitted, and the standard sidewalk slope be maintained in the area. CITY MANAGER BIRD recommended the oversize driveways from 30 to 35 feet be granted, and the request for the sloping of the sidewalk be denied with the proviso the Shell Oil Company's engineers, on the one particular driveway as shown on the plan, work with the Engineering Department to the best advantage. Moved by Morgan, seconded by Allen, the recommendation of the City Manager and City Engineer on the drive- ways and the slope of the sidewalk at 8th and Palm be approved. Car- ried by unanimous vote. CITY MANAGER BIRD stated the Council have received Christmas cards from the following; City of Carlsbad; City of Imperial Beach; Small Craft 12/19/61 196 Harbor of Oceanside; City of Oceanside; Library Staff; Board of Super- visors; and the City of Chula Vista; COUNCILMAN MORGAN asked if the City of National City sends Christmas cards. CITY MANAGER BIRD stated the expenditure of tax funds for a thing of this kind is one he per- sonally will not approve. Moved by Morgan, seconded by Allen, the Christmas cards be filed. Carried by unanimous vote. CITY CLERK ALSTON stated she received a communication from Charles C. Dail, President, League of California Cities, appointing her to serve on the Committee on Elections during the next year, by approval of the City Council. Mrs. Alston stated this is the third year she has served on this particular committee and is the only official from the City of National City to be appointed on any committee this year. Moved by Reid, seconded by Morgan, the City Clerk be authorized to serve on the Committee on Elections of the League of California Cities. Carried by unanimous vote. CITY MANAGER BIRD stated he would like to have the Council as a whole, or a representative body of the Council, go out and look at the grading on the site of El Toyon Park; also have the Supt. of Parks meet us there. COUNCILMAN ALLEN and COUNCILMAN REID stated they wished everyone a Merry Christmas. VICE MAYOR HOLLINGSGORTH asked the City Attorney if the South Bay Irri- gation District have a contract similar to ours with the California Water & Telephone Company, and if so, does their contract expire the same time. ATTORNEY CURRAN stated South Bay Irrigation District does have a contract which is substantially the same, whether or not it is identical he does not recall, and believes it does expire at the same time. MAYOR HART wished all the Council members a.nd everyone present a Merry Christmas and Happy New Year. Moved by Morgan, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:06 p.m. ATTEST: CITY CLERK , /4r MAYOR, CITY OF NATIONAL CITY, CALTFDRNIA 12/19/61