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HomeMy WebLinkAbout1961 12-26 CC MIN197 National City, California, December 26, 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, Biggs, Bird, Cagle, Curran, Foster, Gautereaux, Hergert, Kerr, Osburn. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Wayman of the First Methodist Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of December 19, 1961, be approved. Carried by unanimous vote. RESIGNATION OF PATROLMAN D. D. HOFFMAN, effective January 31, 1962, was read. COMMUNICATION FROM CHIEF OF POLICE CAGLE recommended the regis- nation be accepted. Moved by Allen, seconded by Reid, the resignation be accepted with deepest regrets and a certificate be issued. Carried by unanimous vote, APPLICATION FOR OFF SALE BEER & WINE BEVERAGE LICENSE by Nick D. Acupido, Speedee Mart #20, 824 Palm Avenue, was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation revealed no grounds for protest of the application. Moved by Hollingsworth, seconded by Alien, the application be filed, Carried, by the following vote to -wit: Ayes: Allen, Hollings- worth, Reid, Hart, Nays: Morgan. NOTICE.' • OF CLAIM against the City of National City and employees of the City, signed by Brooks Crabtree, Attorney, was presented, CITY MANAGER BIRD stated it is a suit in the amount of $25,000.00 against the City, and recommended it be referred to the City Attorney. Approved by unanimous vote. NOTIFICATION FROM SAN DIEGO REGIONAL WATER POLLUTION CONTROL BOARD was presented, notifying the City they propose to set up the standards for the discharge of effluent in the Spring Valley Sanitation District. CITY MANAGER BIRD recommended the communication be referred to the City Engineer. Approved by unanimous vote. COMMUNICATION FROM CIVIL SERVICE COMMISSION vas read, recommending the classification of Police Clerk and Patrolman be abolished from the posi- tion classification plan of the City. The recommendation is made to concur with the request of Chief Cagle. CITY MANAGER BIRD stated the classification was made up quite some time ago; and the job for a num- ber of years has not been used and recommended the Council concur with the Civil Service Commission and the Chief of Police, Approved by unanimous vote. 12/26/61 198 CITY MANAGER BIRD presented a deed from the Metropolitan Shopping Square, Inc. to the City for street purposes, and recommended it be referred to the City Attorney for preparation of a resolution accepting same. Approved by unanimous vote. COMMUNICATION FROM SAN DIEGO COUNTY TRAFFIC SAFETY COUNCIL was presented, extending an invitation to attend the annual meeting of the Council to be held Tuesday, January 30, at 12 Noon in the Sunset Room of the Town and Country Hotel. CITY MANAGER BIRD stated if anyone wishes to attend to notify his office or the City Clerk. CITY MANAGER BIRD stated at the regular meeting of the Council on Aug- , list 22, 1961, there was presented a request from the County of San Diego 'for the purpose of getting permission from the City of National City to allow the Spring Valley sewer line to pass through the City of National City, and at the time the City Attorney made his report to Council and the action of the Council' Was it be referred back to the City Engineer, City Manager and City Attorney for a recommendation. Subsequently there has now been straightened opt a question which was raised by the City Attorney at the time and wag➢ later overcome by a notation in a letter of November 28, 1961, addressed to the Board of Supervisors signed by Jean Vincent: "The Attorney for National City preferred to hold up approval of the request until after a contract by the City is negoti- ated with the City of San Diego in connection with the Metropolitan Sewer System." CITY MANAGER BIRD stated we are now in accord, and recommended the request of the County of San Diego be concurred in and the City Attorney authorized to prepare the necessary resolution. Approved by unanimous vote. CITY MANAGER BIRD stated we had a communication from the Division of Highways dated August 22, 1961, wherein they forwarded three copies of the proposed freeway agreement with the City of National City covering the proposed construction to full freeway standards on their Road XI- SD-2-NatC, between the south and north city limits of National City. It was the recommendation of City Manager Bird the City Attorney be authorized to prepare the necessary resolution authorizing the Mayor to enter into the freeway agreement. Aoproved by unanimous vote. CHIEF OF POLICE CAGLE was present and stated last week and again this morning he was in contact with Howard Gosser who has leased the Palla- dium facilities from Harold Dodds, and Mr. Gosser realizes a teen-age dance in this specific location will be virtually impossible and he has given "the go ahead" to an "all you can eat" establishment he intends to operate in conjunction with dancing facilities; the teen-age "dance program will be eliminated. HOWARD M. GOSSER, 21 W. 7th Street, was present, and stated during the past month they have had quite a problem 12/26/61 199 at the Palladium ballroom; when he took over the Palladium his inten- tions were to establish a recreation facility for teen-agers, but it did not work out satisfactorily. The plans have now been changed and they will have a place to eat and dance, not for only young people, but adults and anyone who wishes to come in and dance and conduct them- selves in a manner in which the ballroom is to be conducted. Mr. Gocser said he thought the South Bay area needs a recreation center for teen- agers, not particularly the Palladium. ir. Gosser stated he is going to put in a Chuck Wagon along with dancing. COUNCILMAN MORGAN asked if teenage bands will be employed. Mr. Gosser said Union musicians will be employed. If someone would like to rent the hall for a night to have a teen-age dance and have a teenage band it would be satisfactory as long as the dance is conducted in the manner Mr. Gosser said he would want it conducted. VICE MAYOR HOLLINGSWORTH asked if it was Mr. Gosser's intention to obtain a liquor license. MR. GOSSER stated he has never had anything to do with the promoting of a liquor license at the Palladium and as long as he has it there will not be a liquor lic- ense. COUNCILMAN MORGAN asked Mr. Gosser about his business license. MR. GOSSER stated the license he has at the present time states "dance and snack bar" and is under his name and Charles Sebastian. HEARING ON ASSESSi,ENT FOR IMPROVEMENT OF PROSPECT STxEET BETWEEN 18th and 22nd STREETS was held at this time. CITY CLERK ALSTON presented the Affidavit of Publication; Affidavit of Posting and Affidavit of Mailing Notices of Hearing. No written protests were received, and no one was present objecting to same. Moved by Allen, seconded by Morgan, the hearing be closed and the City Attorney continue with the necessary procedure. Carried by unanimous vote. REV. FLOYD E. PITTMAN, Pastor of Highland Avenue Baptist Church, was ;present, and stated he did not see how any kind of a teen-age program could be offered at the location of the Palladium; because the teen- agers like these things does not necessarily mean it is the best for them, nor does it mean we have to provide everything they want. Rev. Pittman stated he would like to very strongly voice his opinion against anything in this place for dancing in particular, and anything involv- ing any program for youth of National City or the surrounding area. Rev. Pittman said he agrees we need something in the South Bay area for our youths, but it is going to have to be supervised by some of our civic organizations and clubs. CITY TREASURER KERR stated Mr. Gosser and Mr. Sebastian have two licenses; one snack bar license and a lic- ense for dancing; the dancing license is based on the amount of food, not liquor, they sell. MR. GOSSER stated he is changing it to a Chuck Wagon where a person can have a meal, not a snack, and he also wants 12/26/61 200 dancing. We are not going to cater to teen-agers and would just as soon they did not even come around the place, and believed they would have more adults than teen-agers as the teen-agers do not want to go to a place for adults, and said he is going to change it to an adult operation, COUNCILMAN MORGAN asked the time the Chuck Wagon would be opened and closed. MR. GOSSER said he would open his Chuck Wagon:'. bzbly in the morning and close about 3:00 or 4:00 a,m. Moved by i:cllingsworth, seconded by Morgan, we request the City Attorney tell us if there is any grounds we have that we could turn it down. Carried by unanimous vote. Moved by Alien, any decision the Council might wish to make be postponed until the report is forthcoming from the City Attor- ney. Motion died for lack of a second, E. H. ALSDORF, 2105 "J" Avenue, was present and stated he thought the Council is empowered to enforce it, the fact they should have guards to protect the site he is running; he should have a separate license for a dance hall and one for his meals, and if he is going to sell liquor in the Chuck Wagon he should have another license which calls for whatever he wants to sell. There are teen-age places here; we have a Boys' Club, a Girls' Cleo, etc. where the teen-agers can have their pleasures. WILBA BAILEY, 5506 Winchester St., San Diego, was present, and stated her son's band has played at the Palladium and there has never been a fight at any place they have played. Mrs. Bailey said the children need more recreation; and thought the Palladium dance hall is lovely and everybody should get together and help and it would be a nice place for teen-agers, COUNCILMAN ALLEN stated he wished to congratulate CITY MANAGER BIRD and GEORGE DeHAVEN for the fine job they did in bringing the Civil Defense school to the employees of the City of National City and thank the employees for their great interest. Approximately 70 percent of the employees attended the classes and out of the 70 percent who attended, approximately 50 percent attended a sufficient number of classes to get a certificate from Sweetwater Evening High School. RESOLUTION NO. 8047 was read, approving Freeway Agreement between City of National City and the State of California. Moved by Morgan, sec- onded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8048 was read, "RESOLUTION ACCEPTING PARADISE CREEK DRAINAGE WORK". Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8049 was read, "RESOLUTION CONFIRMING ASSESSMENT (P:os- peot Street between 18th Street and 22nd Street)". Moved by Allen seconded by Reid, the Resolution be adopted. Carried by unanimous vote, 12/26/61 201 ORDINANCE NO., "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'EAGLES ANNEXATION' 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 'SWEETWATER ANNEXATION NO. 4' TO THE CITY OF NATIONAL CITY", was presented for the second and final reading. Upon motion of Alien, seconded by Reid, the reading of the Ordinance was waived. The motion was adopted by unanimous vote, ORDINANCE NO. 1019 was read, "AN ORDINANCE APPR%VING TEE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'SWEETWATER ANNEXATION NO. 4", TO THE CITY OF NATIONAL CITY". moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hart. Nays: Hollingsworth. CITY ATTORNEY CURRAN stated at the last meeting there was referred to him a communication from the Chief Aninistrative Officer of San Diego County with reference to eliminatior}':of per diem charges of 500 per day for the care of City prisoners. The Saction requested was a question of policy, the City would agree not to lend anybody to the honor camps unless they were sent for a period in excess of 90 days. At the last meeting the City Manager reported we' aad very few occasions to send anybody for that length of time. In`te event the Council so desires, a resolution to this effect would be in order. Moved by Allen, sec- onded by Reid, the recommendation of the City Attorney be approved, he be authorized to prepare a resolution accepting the recommendation of the County. Carried by unanimous vote. ATTORNEY CURRAN stated at a recent Council meeting a question was raised as to what might be done withthe City's property on National Avenue between 22nd and 24th Streets. There has been a letter sub- mitted to the Council, without specifying details, an offer was made to lease it, and as a Part of the lease arrangements an offer to pur- chase it. It had been the City Attorney's understanding the matter had been referred to the Finance Committee, and was a closed issue. A further question has been raised whether or not there is a differ- ence between an option to purchase and a right of first refusal; the answer is there is a very distinct difference between the two quoted phrases. At such time a specific proposal is submitted the City Attor- ney can advise the City Council further in the matter, at the present time there is nothing to be considered, COUNCILMAN ALLEN stated it was his understanding in the opinion of the City Attorney it was ille- gal to have an offer to lease the property with an option to buy. ATTORNEY CURRAN stated unless there were some considerations beyond simply executing the lease, which would have to depend upon the 12/26/61 202 circumstances there would be matters that would have to be decided, if and when they arise. The City Council is charged with the duty of pro- tecting the Public and it is very difficult to see how the public is being protected when in effect some person is given an opportunity to speculate as to the future price and value of land. COUNCILMAN ALLEN asked if it would be a speculation if it was the first refusal instead of an option. ATTORNEY CURRAN stated fundamentally that was correct. After considerable discussion, it was moved by Alien, seconded by Reid, it be referred to the Real Estate Committee, Carried by unanimous vote. COUNCILMAN MORGAN, Chairman of the Real Estate Committee asked the Com- mittee to meet tomorrow at 10:00 a.m. COUNCILMAN ALLEN excused. ATTORNEY CURRAN reported Appleton & Cox of California, Inc. have filed a certificate that San Diego Yellow Cabs, Inc. have several policies of public liability and property damage that satisfy the requirements of the ordinance regulating taxi cabs in National City, and the ordi- nance requires the City Council, if it so desires, to approve the cer- tificate prior to the time of a license renewal is granted. Moved by Morgan, seconded by Reid, the insurance for Yellow Cabs be approved. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: None. Absent: Allen. COUNCILMAN ALLEN present. CITY CLERK ALSTON stated at the last meeting a report on the California Water & Telephone week's extension for further checking of the by unanimous vote. CITY CLERK ALSTON stated she received a notice from the League of Cali- fornia Cities to Mayors, Councilmen and City Managers relative to Special League Conference on Metropolitan Government. There will be a special meeting of the League in Sacramento on February 1 and 2, 1962 for the purpose of discussing and formulating League policy on Metro- politan Government. The Board of Directors urges as many cities as possible to send at least one Mayor or Councilman who can express the views of his city on this important subject. Moved by Reid, seconded by Morgan, the notice be filed. COUNCILMAN ALLEN stated he would like to see one of the Councilmen who will be here for another two years, if at all possible, to attend the conference. VICE MAYOR HOLLINGSWORTH stated she certainly hoped the Council will be violently opposed to any metropolitan form of government. If any representative of the City is going to attend the conference, Mrs. Hollingsworth said she would like to see them oppose the League taking any favorable stand. she was requested to make Company, and requested a records. Request granted 12/26/61 203 COUNCILMAN MORGAN withdrew his second to the motion. COUNCILMAN REID stated he thought we could oppose it without sending a representative to Sacremento. Motion died for lack of a second. Moved by Morgan, seconded by Allen, Vice Mayor Hollingsworth be authorized to attend the conference. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Hart. Nays: Reid, Vice Mayor Hollingsworth abstained from voting. Moved by Morgan, seconded by Hart, the City Treasurer be instructed not to issue the dancing license until we have a full report from the City Attorney. CITY TREASURER KERR asked the City Attorney if legally she would not have to accept the application. ATTORNEY CURRAN stated the next meeting of the Council will be on January 2nd and the matter can be resolved at that time. MAYOR HART withdrew his second to the motion. Motion died for lack of a second. Moved by Morgan, seconded by Allen, the meeting be closed, Carried ty unanimous vote. Meeting closed at 3:05 p.m. ATTEST: Th Gnu `off" MAYO CITY OF NATIONAL C TY, CALIFORNIA CITY CLERK 12/26/61