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HomeMy WebLinkAbout1961 02-14 CC MINNational City, Regular meeting of the City Council Hollingsworth at 1:30 p.m. o'clock. Hart, Morgan, Reid, Hollingsworth. ADMINISTRATIVE OFFICIALS present: Stockman. 293 California, February 14, 1961 was called to order by Mayor Council members present: Allen, Council members absent: None. Alston, Bird, Curran, Kerr, Roberts, 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 February 7, 1961, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7872 was read, "RESOLUTION OP TH., CITY OF NATIONAL CITY ADOPTING BUDGET PROPOSAL FOR ENGINE.RING ALLOCATION." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7873 was read, approving Lease Agreement between City of National City and Townsend Company, Identi-Kit Division, dated January 1, 1961, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANEi NO. , "AN ORDINANCE SCE REPEALING THAT PORTION OF ORDINANCE NO. 828 PROVIDING FOR THE REGULATION OF CATS IN NATIONAL CITY", was presented for the first reading, and read in full. ORDINANCE NO. , "AN ORDINANCE ATTENDING NATIONAL CITY SALES TAX ORDINANCE", was presented for the first reading, and read in full. ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 962 BY REZONING CERTAIN PROERTIa6 IN NATIONAL CITY", was presented for the first reading, and read in full. ORDINANCE NO. 986, "AN ORDINANCE AMENDING ORDINANCE NO, 708 OF NATIONAL CITY REGARDING THE PEES FOR AMUSEMENT VEHICLES", was presented for the second and final reading, and read in full. Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the following vote to wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN stated the eommu.nioation from the County of San Diego Tax Collector dated February 3, 1961, regarding Option & Agreement No. 6419, gives notice if National City desires to exercise its option to purchase Si of Lot 3 & all of Lorts 4 and 5, Block 42, the sum of $250. 2/14/61 294 should be paid to the County Tax Collector oefore March and it should also state in the request for the exercise of the option the property either is being sold to a bonafide purchaser or the property is being taken for public use. Attorney Curran stated it is his under- standing the property is being used for public purposes at this time; therefore, in the event the City wishes to continue this arrangement, authorization should be given to the City Manager to complete the transaction and a warrant drawn for the sum of S250.00. Moved by Allen, seconded by Hart, the City Manager be authorized to continue with the purchase of these lots and portion of lot for public use, and the warrant be authorized. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN stated with reference to AB 127 regarding the proposal to make it impossible for a City Council to meet in private session with its City Attorney in matters involving litigation in which the City is a party, pursuant to the action of the Council at the last meeting, he addressed a telegram to the Chairman of Governmental efficiency and Boonomy Committee yesterday; yesterday being a legal holiday and the matter coming before the Committee is on its agenda today. Pursuant to the direction of the Council the contents of the telegram can now be turned over to the City Manager so all of the mem- bers of the Assembly in San Diego County, as well as all members of the Assembly Gw ernmental Efficiency and Economy Committee can be advised as to the position of the City of National City. Moved by Allen, seconded by Hart, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the California Water and Telephone Company has served a notice of appeal from the judgement which was entered by Judge Sherry awarding the City of National City the cost of the relo- cation work which was done on Highland Avenue between 4th Street and 8th Street. It will be some time before the appeal can be perfected and the necessary briefs are prepared and filed so the matter can be argued in Court. ATTORNEY CURRAN reported Metropolitan Casualty Insurance Company of New York, which assumed the obligation entered into by Fireman's Insur- ance Company of Newark, N. J. on Bond #275755 which names B. W. Nash & Gabe Spikes dba Silver Strand Masonary and Cement as principals, stated the company desires to be relieved of liability on the bond; therefore, the City Clerk should notify the company we have received this communication so it may file a new bond. Moved by Allen, seconded by Reid, the recommendation of the City Attorney in regard to filing for a new bond be approved. Carried, all the Council present voting aye. 2/14/61 r 295 ATTORNEY CURRAN stated the communication which was addressed to the City Clerk by a former employee and was referred to the City Council, regarding stop payment on a payroll check has been examined. In the past the Council, after a warrant has been missing for some several months, on occasion has had "stopped payment" made and has ordered a new warrant issued. In this case, it is the understanding of the City Attorney, the employee is now out of the State, and he authorized the City Clerk to mail the payroll check to his Attorney in National City. Tt might well be, the communication which was addressed to the City Clerk in this matter should more possibly be addressed to this former employee's attorney, whom he elected to appoint to represent him in this matter. It is a matter the Council should decide as a matter of police as to whether or not it cares, at this time, to issue a second warrant when the first one was only issued on or about January 5th of this year. Moved by !alien, seconded by Morgan, we refer a copy of the correspondence to the Attorney of this ex -employee with the question as to the intent of the Attorney with the check that has been issued, and the policy which the Council has adopted of waiting for a certain period of time prior to issuing another check should not be broken. CITY CLERK ALSTON stated the Attorney claims he did not receive the check and there is other mail he did not receive at the time he should have; he came to our office and asked what had to be done and he was informed the employee would have to write directly and request a check be re -issued, which the employee did. CITY MANAGER BIRD stated last Friday he received a long distance call from Idaho from the employee in question and he stated he had sent this letter and needed the money, but the thing he was most conerned about was the fact attached to this check was his W-2 Form and he needs the form. CITY CLERK ALSTON stated when the employee wrote the letter asking for the check to be re -issued he also requested a W-2 Form which we again mailed to his attorney. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Public Utilities Commission last Wednes- day commenced hearings in the matter of the application of the San Diego Gas and Electric Company for an increase in gas rates. The pre- siding Commissioner fixed the hour of 1:30 o'clock on Wednesday, March lst, as the time when additional public witnesses will be given an opportunity to appear at the hearing with reference to the proposal to increase the gas rates. This came about because of the fact on the opening day of the hearing there were several dozen people, customers of the Company which desired to protest the rate increase. Some of these questions have been heard by the Commission already. The Com- mission feels it wants to listen, to members of the public as long as 2/14/61 296 they do not simply repeat things that have already been said by pre- vious witnesses. It, therefore, asked the City Attorneys who are par- ticipating in this hearing, particularly, report back to their respec- tive communities so the matter of the opportunity of the public to appear would be given broad publicity. The Commission hoped persons who testify would meet with their City Attorneys in an effort to assist in the presentation to the Commission and also if persons may be designated for certain groups the Commission would appreciate there be no duplication from any particular consumers group. The City Attor- ney will, therefore, be most happy to meet with spokesmen from any groups in National City who desire to testify on March let and will assist them in their presentation and arrange they are given an oppor- tunity to have their name placed on the agenda for a meeting. ATTORNiY CURRAN stated following last Tuesday's meeting he received a telephone call from Mr. Beebe of the law firm of O'Melveny & Myers, who advised him he was in the process of preparing papers for filing a suit against the City Manager of the City of San Diego in order to test the validity of the proposed sewage agreement between the City of San Diego and the other cities and districts in the County, and in view of the action which was had by the City Council at their last meeting, it was ,his intention to name the Mayor of National City along with the City Manager of San Diego as a defendant in the law suit, so the validity and legality of the proposed w retract could be tested by a court proceeding. In view of this communication from Mr. Beebe it does not appear the problem which was presented to the City Attorney at the last meeting, as to whether or not the Vice Mayor could sign the proposed contract on behalf of National City, requires an answer at this time. r�//6/ Moved by Meft, seconded by Reid, the gentlemen of the Council extend complimentary Valentine greetings to all the ladies present. Carried, all the Council present voting aye. Moved by Allen, seconded by hart, the City Lngineer be authorized to prepare plans for the bulkhead and the pierhead lines on our southerly 350 acres at the end of the channel, and authorize the City Attorney to carry on the legal proceedings and file application with the Army Engineers. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated she noticed the citizens in the South Bay area have their case before the Supreme Court protesting the validity of the annexation. If the Court should rule it invalid, it appears we have gone to a lot of trouble. COUNCILMAN ALLEN stated he believed they are only trying to prove San Diego's annexation is invalid, he did not believe they are questioning ours; and if we have this much 2/14/61 297 work done and it is declared invalid and the work should have to pro- ceed on the Bay it would be that much more we would have for the Army Lngineers, and would be to our advantage either way. COMMUNICATION FROM E. R. SCRING::.R was read, stating he is in favor of licensing cats, and also complainted of the unsanitary condition in his yard caused by cats in the neighborhood. COMMUNICATION FROM GUSTIE N WrOltT was read, thanking the Council for their action in rescinding the cat ordinance. Moved by Allen, seconded by Hollingsworth, the communication from Mr. Stringer be referred to the Sanitation Department. Carried, all the Council present voting aye. COMUNICATION FROM MAYOR DAIL, CITY OP SAN DINGO, addressed to Mayor Hollingsworth, was read, stating they believe it to be of interest to National City the City of San Diego has requested the U. S. Navy to phase out Brown Field by July 1st of this year so it may be used for municipal airport purposes. The City is now preparing a Master 'Ilan for development for general aviation purposes, and will provide in the 1961-62 annual budget the necessary funds for operations. It would assist the City if National City would aapport the City of San Diego's position in this course of action, and ask a resolution be adopted stating such support. A companion letter from Mayor Dail was read, stating with further emphasis on the City's needs and requirements for additional commercial air carrier facilities, the enclosed copy of a resolution passed by the San Diego Harbor Commission, under whose jurisdiction Lindbergh Field Municipal Airport operates, is passed on for your information. Also enclosed is a copy of the resolution adopted February 8, 1961, by the City Council of San Diego. Moved by Morgan, seconded by Allen, a resolution be prepared favoring Brown Field. Carried, all the Council present voting aye. COMhMUNICATION FROM DIVISION OF HIGHWAYS was read, stating attached is a tabulation of the quarterly allocation of Section 2107 funds (5/8 cent gas tax) to each City in District XI for the quarter ending December 31, 1960. The apportionment to the City of National City is $25,512.69 based on the official population of 32,771. CITY MANAGER BIRD recommended it be received and placed on file. Moved by Hart, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated there will be a meeting of the Traffic Safety Committee on February 15th at 1:30 p.m. in the squad room of the Yoliee Department. Moved by Alien, seconded by Hart, the Traffic Safety Com- mittee check 18th and Cleveland Avenue and see if the corners could not be rounded with new curbing so the large trucks can get around the cor- more easily. Carried, all the Council present voting aye. 2/14/61 298 COMMUNICATION FROM PURCHASING AGENT, COUNTY OF SAN DIEGO, was read, stating on tank wagon deliveries of gasoline, Standard Oil Company is again the low bidder. CITY MANAGER BIRD recommended the bid be accepted and placed on file. Moved by Morgan, seconded by Reid, the recommen- dation of the City Manager be approved. Carried, all the Council pres- ent voting aye. AP 'LICATION FOR TRANSFER OF OW SALE BEER B;VLRAGL LICENSE of Lorraine's, 2618 National Avenue, was presented. RETORT FROM POLIO; CHIEF CAGLE was read, stating investigation reveals no grounds for protest of the application. Moved by Allen, seconded by Reid, the application be filed. Carried, all the Council present voting aye. COMMUNICATION FROM UNITED STATES COIF �RENCE OF MAYORS addressed to Mayor Hollingsworth was presented. CITY MANAGER BIRD stated this is a request for the City of National City to become officially connected with the United States Conference of Mayors, and the dues of a class city such as ours, is $100.00 per annum for membership. It was the City Manager's recommendation it be referred to the Finance Committee for a report. Moved by Allen, seconded by Hart, the communication from United States Conference of Mayors be referred to the Finance Com- mittee for a report. Carried, all the Council present voting aye. CITY MANAGER BIRD reported the request of the Chamber of Commerce for the Maytime Band Review's use of swimming pool, chairs, etc. has been approved by the Park and Recreation Supt. and they had established this time as of last year in their programming. They also approved the request of the Lions Club and recommended these requests be carried through by the City and they will take care of the necessary corres- pondence and providing of the materials, etc. Moved by Allen, sec- onded by Reid, the recommendation of the Supt. of Parks and Recreation in regard to the Lions Club and the Maytime Band Review be approved. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH asked the seating capacity of the bowl. CITY MANA- GER BIRD stated approximately 1,500. MAYOR HOLLIINGSWORTH stated she received a call from Mrs. Hlawatsch, who is a citizen of National City, and they are anxious to get a symphony concert in the South Bay area and have examined all buildings in the South Bay, including Chula Vista and National City and find there are none large enough to hold a sym- phony concert, and Mrs. Hlawatsch wanted to know if it vA uld be possi- ble to get the bowl for possibly April or May; however, she was speak- ing in terms of 3,000 people. Moved by Allen, seconded by Morgan, the Mayor pursue the situation further and have the lady request the bowl if it would meet their needs, and get a date set for the Park and Recreation Dept. Carried, all the Council present voting aye. 2/14/61 299 CITY CLERK ALSTON announced the County League of California Cities meet- ing on Friday, February 17th at the San Diego Country Club. CITY PLANNER STOCKMAN reported she had a Covenant Running With Land signed by the Paradise Valley Sanitarium & Hospital relative to the Northwest corner of 8th Street and Sanitarium Avenue and recommended it be accepted and referred to the City Attorney for the necessary resolution. Moved by Hart, seconded by Allen, the recommendation of the City Planner be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked the City Attorney if it is a fact by the Mayor being sued in regard to signing the sewage contract, if the decision is handed down by the Judge this is a legal contract does that constitute the fact she is going to sign. ATTORNEY CURRAN stated Mr. Allen raised a question whether or not any public official is going to place them - sieves in contempt of court by not complying with a court order. It is not conceivable to him anybody in National City would refuse to comply with a court order. COUNCILMAN ALIEN asked if this would actu- ally be a court order. ATTORNEY CUR±AN said "yes", that is the purpose of bringing the action, to determine it is legal and has to be signed. Plioved by Hart, seconded by Morgan, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2;25 p.m. ATTEST: CI Y aL �ORiIA MAYOR, C TY OF NAdt+� � 2/14/61