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HomeMy WebLinkAbout1958 07-22 CC MIN27 National City, California, July 22, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Fessman,, Hart, Hol- lingsworth, Hodge. Council members absent: Allen. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Gautereaux, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, followed with invocation by Rev. Perkins. Moved by Hollingsworth, seconded by Fessman, the minutes of the last regular meeting of July 15, 19584 be approved as mailed. Carried, all the Council present voting aye. MAYOR HODGE stated the City Attorney's report would be delayed until 2:00 P.M. o'clock. H.L. STEwART, 10 hest 5th Street, was present and stated he was representing his stepson, Miguel Gonzales, who is an alien and was employed in the Recreation Department. Mr. Stewart wished to know if Miguel Gonzales would receive the wages he has coming to him. MAYOR HODGE stated this matter was referred to the City Attorney at the last meeting, and the Attorney will not be present until 2:00 P,M. o'clock. APPLICATION FOR TRANSFER OFF -SALE BEER & WINE LICENSE at Sam's Store, 137 W. 8th Street, was presented. REPORT FROM CHIEF OF POLICE SMITH stated investigation discloses no grounds for protest, Moved by Hart, seconded by Hollingsworth the application be filed. Carried, all the Council present voting aye. COMvUNICATION FROM DIVISION OF SMALL CRAFT HARBORS was read, stating the Division is preparing a mailing list of all California cities interested in developing a small craft harbor in order to keep them informed of the activities of the Division. If we wished to be placed on their mailing list, they would appreciate receiving from us informa- tion regarding our interest in small craft harbor development. Moved by Fessman, seconded by Hart, that the City Clerk be instructed to inform the Division we would be interested in any information they would have from time to time. Carried, all the Council present voting aye. COMMUNICATION FROM UNITED PENTECOSTAL CHURCH, 1905 East 18th Street was read, requesting permission to use the City bowl, stage and P.A. system on Labor Day, September 1, 1958.. Moved by Hart, seconded by Fessman, the communication be referred to the Park & Recreation Advisory Board, Supt._ of Parks Gautereaux and City Manager Bird. Carried,- all the Council present voting aye, COUNCILMAN ALLEN present. COPY OF COMMUNICATION ADDRESSED TO STATE OF CALIFORNIA, DEFT, OF ALCOHOLIC BEVERAGE CONTROL FR3m 10m LEONARD, 318 HIGHLAND AVENUE, was read. The communication is a protest from Lr. Leonard against the 7/22/58 28 transfer of an onsale beer license issued to Francis M. and Peter J. Duitsman dba Roundup Cafe, 330 Highland Avenue. Mr. Leonard stated this appeal is based upon the question whether the Department of Alcoholice Beverage Control has proceeded in the manner required by law. It has proceeded without due regard for Section #23001 of the Alcoholic Beverage Control Act, in over -ruling a protest against issuing a permit in an essentially residential area where it has been the custom for children to receive music instruction in a store, with- in 75 feet of the proposed premises, during the last 9 years. Most of these children pass the premises in getting to their music lessons and many of them must be given instruction after dark. Mr. Leonard further stated residences are within fifty feet of the Roundup Cafe; also a State -licensed driving school and a State -licensed on -sale beer premises occupy the same ground which are under one ownership; and one general off -sale liquor licensed, two off -sale beer and wine licensed and three an -sale beer licensed premises are within a 600 foot (2blocks) linear extent. COUNCILWOMAN HOLLINSWORTH stated this particular liquor license came before the Council several weeks ago and they followed their regular procedure. The Chief of Police had stated there were no grounds for protest and the Council had ordered it filed. However, she stated, if the business was within fifty feet of residences, there would be numerous complaints. Moved by Fessman, seconded by Hart, the Alcoholic Control Board be notified we had followed our regular procedure, and the police report stated there were no grounds for protest; but since then we have reconsidered for other reasons and feel it would not be for the best interest of our citizens to have a on -sale beer license at that location. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollings- worth, Hodge. Nays: None. CITY CLERK ALSTON requested permission to present communications that had come in too late to be placed on the agenda. Moved by Hollings" worth, seconded by Allen, the City Clerk's request be granted. Carried, all the Council present voting aye. COMMUNICATION FROM THE LIONS CLUB was read, stating the following bills have been paid for by their Club: San Diego Fireworks Display Co., $800.00; Ken Boulette, shooting off work, $85.00; National Lumber Co., material used, $7.86; Total $892.86. As per agreement, the City is to pay one-half of the bill. COMMUNICATION FROM MRS. KENNETH BOULETTE in regard to the 1958 Flower show, was read, stating the total cost of the show was $293.85 of which $77.84 was contributed by the Kiwanis Club and $146.00 was in the form of trophy contributions by merchants. The remaining $70.01 was allowed by the Fuchsia Club. Mrs. Boulette thanked the Council for their cooperation through the use of City facilities and reported the program was very successful. Moved by Hollingsworth, seconded by Hart, the report be filed. Carried, all the Council present voting aye. 7/22/58 29 RESOLUTION NO. 15169, A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE URGING THE LEAGUE OF CALIFORNIA CITIES TO PREPARE STATE LEGISLATION PROVIDING FOR ALLOCATION OF FEDERAL -AID URBAN MONEY TO CITIES, was presented. Moved by Fessman, seconded by Hart, the re- solution be filed. Carried, all the Council present voting aye. COMMUNICATION FROM D. P.'HARMER, 3777 Dwight Street, San Diego, was read. The communication stated Mr. Harmer and his wife had attended a family picnic in our park and they felt the Council should know the public toilets, back of the police dept., are in bad condition. Moved by Hart, seconded by Allen, the communication be referred to the Park Department. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she has the Affidavit of Publication of Resolution of Intention No. 7252 for the 1911 Act of 3rd Street and "Jo Avenue; A::fidav!t of Publication of Resolution No. 7258 of Williams Mannar No. 6 Annexation; Affidavit of Publication of Resolu- tion No. 7258 of Lois Annexation. Moved by Hollingsworth, seconded by Fessman, the Affidavits be accepted and filed. Carried, all the Council present voting aye. CITY CLERK ALSTON reported we have a grant deed from Carrol E. and Dorothy A. Rogers, Moved by Hollingsworth, seconded by Hart, the grant deed be accepted and referred to the City Attorney for the proper resolution. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she had received a notice from tha Army Engineers, in regard to the establishment of harbor lines on the west side. of San Diego Bay at Coronado, California. It was referred to City Engineer Lill, and he stated it does not concern City of National City. Moved by Hollingsworth, seconded by Fessman, the notice be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON reported the City has received an invitation from Harry and Morris Wax and Staff to attend the open house, Friday, August 1, 1958, from 4:30 p.m. to 9:00 p.m. at the new home of San' Diego Janitor Supply, 110 WG°'Street, San Diego, California. Moved:. by Hollingsworth, seconded by Hart, the communication be filed. Carried, all the Council present noting aye. PETITION REQUESTING INSTALLATION OF STREET LIGHT at the West end of the 2300 block of 6th Street, was presented. The petition was signed by 15 residents and property owners. Moved by Hollingsworth, seconded by Hart, the petition be referred to the Traffic Safety Committee. Carried, all the Council present voting aye. CITY MANAGER BIRD reported there have been a number of telephone calls received from people in the areaand from without the area protesting the closing of the entry way off of Palm Avenue into the Las Palmas Park. City Manager Bird stated he wished to point out the closing of that particular roadway was made necessary on a tem- porary basis because of construction problems within the pool itself. 7/22/58 30 Also the operation of the pool will require no dust on the west side. In the ultimate desigi of the perk, we have saved as much acreage as possibly. In the final design of the park, it is hoped there will be access to the park from 30th Street, Palm Avenue by way of 20th to a. developed parking area and a possibly parking area off of 18th Street and 22nd Street. We are attempting for a safety standpoint as well as plant operation of the swimming pool to protect the safety of the users of the Park. HEARING ON 1911 IMPROVEMENT ACT OF 3rd STREET AND i'J" AVENUE was held at this time and no one was present to protest. City Clerk Alston reported she had received no written protests. Moved by Fessman, seconded by Hollingsworth, the hearing be closed and the necessary resolution be prepared. Carried, all the Council present voting aye. REPORT OF THE PLANNING COMMISSION was read, recommending for accep- tance the following grant deeds: 1. Additional 15 foot dedication from Henry and Crpha Gretler for the widening of 19th Street between Granger and Rachel Avenues. 2. Additional dedication for the north half of 19th Street west of Vale Vista Avenue from Billy C. and Sharon D. Slain. 3. 60 foot dedication of N" Avenue between 14th and 16th Streets from Mr. and Mrs. Layton E. Tinder, Charles L. and Dolores E. Beal, Donald M. and Katherine J. Schaufler, Raymond P. and Iris B. Hayward, Richard V. and Margaret M. Ambre and Cleo and Monica B. Osburn. 4. Additional 15 foot dedications for La Siesta Way from Paul W. Brown, Ruth S. and Joe E. Mendeola, Ramon A. and Eloise C. Gonzales, J. T, and Janet P. MacDonald, Louis and Jeannette Ellsworth. Moved by Hollingsworth, seconded by Hart, the grant deeds be accepted and referred to the City Attorney for the resolutions. Carried, all the Council present voting aye. CONTRACT between City of National City and the South Bay Irrigation District employing financial consultant was read. COUNCILMAN HART stated he felt now was a good time to contact the residents of Paradise Hills in regard to annexing to the City of National City. Mayor Hodge stated according to the San Diego charter it would be necessary to hold a San Diego general election in order to deannex Paradise Hills from the City of San Diego. CITY CLERK ALSTON stated our water election is scheduled for September 16th, and we have forty-eight voting precincts, and she wished to know if the Council wanted to fill all forty-eight precincts or if they wished to consolidate. Moved by Hart, seconded by Allen, the number of precincts be 24. Carried, all the Council present voting aye. MAYOR HODGE declared a recess. Recessed meeting called to order by Mayor Hodge at 3:00 P.M. o'clock. Council members present: Alien, Fessman, Hart, Hollingsworth, Hodge. 7/22/58 31 ATTORNEY CURRAN present. CITY ATTORNEY CURRAN reported in reference to making payment to a person who had been employed and it was found he was not a citizen. The law states persons who are not citizens cannot be employed in City, County or State positions. There are limited exceptions, the 1957 legislation added to those limited exceptions. None of the exceptions would apply in the instant case. Therefore, it is not possible, legally, to pay anything to this person who was employed, due to the fact he is not a citizen of the United States. Any money paid would have to be recovered. CITY ATTORNEY CURRAN reported last Thursday he and the Attorney for the South Bay Irrigation District met in Los Angeles with the bond counsel, engineers and the financing consultant regarding the firm- ing up of the bond proposition on the water project, All of the steps necessary were agreed upon and the draft of the bond proposi- tion has been approved by all parties. This firms up the election to be held September 16 in accordance with the Joint Powers Agreement. CITY ATTORNEY CURRAN reported the demurrer which has been filed for the Attorney for Mr. DeLucia in the suit brought to condemn his land by National City, was overruled by the Court. The defendant was granted time to answer. Yesterday the City Attorney received a copy of the answer, and in the answer the defendant alleges that the market value of his property is $83,500.00. CITY ATTORNEY CURRAN reported a communication has been received from Industrial Indemnity Company, advising the insurance policy issued to Ets-Hokin & Gaivan has been cancelled. Vue have a certificate from the State Compensation Insurance Fund showing Ets-Hekin & Galvan has been issued policy No, 223300-58 in a form approved by the Insurance Commissioner. The City Attorney recommended these documents be approved and filed. Moved by Fessman, seconded by Hart., the City A.ttorney's recommendation be approved. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported he has received an invitation from the League of California Cities to attend a meeting of city attorneys on Friday, August 1, 1958, in Los Angeles for the purpose of discuss- ing the departmental program of the League at its annual convetion. The City Attorney requested permission to attend the meeting in be- half of National City. Moved by Fessman, seconded by Hart, permission be granted. Carried, by the following vote to -wit: Ayes: Alien, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY ATTORNEY CURRAN reported in regard to the communication and resolution from the City of Bakersfield concerning Federal Urban Funds. The City Attorney has analyzed the communication and resolu- tion and it appears the point raised by the City of Bakersfield is well taken. The effect would be to give more funds to the city from 7/22/58 32 the Federal Government for certain types of roads, in cases where the County built roads, directed a heavy flow of traffic into certain city streets. The resolution recommends the matter be brought to the attention of the League directors with recommendations for the League to submit legislation at the caning session. The City Attorney recommended the Council concurr in this resolution and National City recommend to the League the probloa . be made a part of the legislative program of the League and the Clerk so notify the League and the Mayor of Bakersfield. Moved by Fessman, seconded by Hart, the City Attorneys recommendation be approved. Carried, all the Council present voting aye. RESOLUTION NO 7282, °RESOLUTION APPROVING CONTRACT° between City of National City, the South Bay Irrigation District and Stone & Youngberg. CITY ATTORNEY CURRAN reported he and the Attorney for the South Bay Irrigation District reviewed the contract and agreed upon the changes in the contract and the contract which was previously read, is a result of the agreement by the two attorneys. Moved by Fessman, seconded by Hart, the resolution be adopted. Carried,by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. RESOLUTION NO. 7283 was read authorizing the sale of all that certain real property described as follows: Those portions of the northwest quarter of Quarter Section 105 and of 80 Acre Lot 1 of Quarter Section 130 in Rancho de la Nation, in the City of National City, County of San Diego, State of California, according to map thereof No. 166 filed in the office of the County Recorder of San Diego County. The hour of 2:00 o'clock P.M. on the 12 day of August, 1958, in the City Council Chambers of the City of National City in the City Hall is hereby fixed as the time for hearing any and all protests to the proposed sale. Final action will be taken regarding said proposed sale immediately after time of hearing of protest or at any regular meeting of the City Council of National City thereafter. The City Clerk is authorized and directed to publish this resolution once in the National City Star News. The City Clerk is further authorized and directed to post a copy of this resolution for not less than ten days in at least three conspicuous places upon each parcel of the real property affected, i. e. in three conspicuous places to the east of and in three conspicuous places to the west of, that parcel dedi- cated by the City of National City for street purposes by Resolution No. 6766 adopted October 16, 1956. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7284 was read, 'RESOLUTION ORDERING uVORK° Third Street & J. Avenue. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. 7/22/58 33 RESOLUTION NO. 7285 was read, 'IRESOLUTION ACCEPTING CONVEYANCE OF REAL PRCPERTY4, Quitclaim Deed from Jasper D. Hodge and Alicia Hodge, dated June 12, 1958. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Alien, Fessman, Hart, Hollingsworth, Hodge. Nays: None, CITY MANAGER BIRD stated it has been the recommendation of the City Clerk for the City to purchase voting machines. Does the Council wish to purchase these machines and if so, is it necessary to ask for bids since they are a special item; also what legal procedure is necessary to set up the use of the machines. Moved by Fessman, seconded by Hart, the question of adking for bids and the proper legal procedure for setting up machines of this type, be referred to the City Attorney. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH announced there would be a Finance Commit- tee meeting immediately following the Council meeting. Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:42 P.N. ATTEST: MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 7/22/58