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HomeMy WebLinkAbout1961 08-15 CC MINNational Ci1,r, California, August 15, 1961 Regular meeting of the City Council was called to order at 1:30 p.m. by Mayor Hart, Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Gautereaux, Kerr, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Pittman of the Highland Avenue Baptist Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of August 8, 1961, be approved. COUNCILMAN ALLrN stated on Page 49 of the minutes with reference to the motion, "all committees and Coun- cil members be notified any request made of any department head must first go through the City Manager. Carried by unanimous vote," he wished to rescind his vote on that particular part of the minutes. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen, COUNCILMAN ALLEN stated he would like to have the portion of Ordinance 885 referred to the City Attorney, which states under the circumstances City Councilmen will not order any other department to do anything, it does not say the City Council will not request, and does not mention any committees, commissions or any boards; the Ordinance should be amended to include these people we have definitely told they cannot do something. VICE MAYOR HOLLINGS- WORTH stated we have a City Manager Ordinance and should abide by it. COUNCILMAN ALIEN stated the ordinance says "orders" it does not say "requests"; and if he orders someone to do something, he expects them to do it, but if he requests them to do something he expects them to be able to tell him "no." We should back up our Ordinance and "requesting" is not backing it up; also in the same Ordinance does not say we can order the commissioners, and the Ordinance should be amended to include them. Mr, Alien said he wanted the direotive to say "order" instead of "request." Moved by Morgan, seconded by Reid, we move on to the next part of the business. Carried, by the follow- ing vote to -wit: Ayes; Hollingsworth, Morgan, Reid, Hart. Nays: Allen. COUNCILMAN ALIEN stated he wished to ask the City Attorney if there is a difference in his opinion of the words "order" and "request". ATTORNEY CURRAN stated he thought the very situation which has arisen indicates the reason why this language was put in the Ordinance in the first place. It may very well be true if you go to the dictionary, you will find there is a difference between the word "request" and the word "order". C n the other hand, in any level of Government, whether 8/15/61 55 Federal, State, County or City, it is abundantly clear when a subor- dinate employee receives a request from his superior, particularly from a member of a legislative body, he is inclined to deem it not to be a request, but an order. The reason for putting the provision in the Ordinance was so the very thing which has happened would not hap- pen, and the Councilmen themselves would realise they were bound by the Ordinance as well as other members of the City Government. There is no need of spelling out the fact it applies to commissions because of the fact under the provisions of the City Manager's Ordinance the City Manager has the prime authority and the commissions, boards or whatever agency is established by the Council, no matter what name is given to it, has only that authority uhioh the Council chooses to give; so in the very real sense this provision was directed to Coun- oilmen themselves. It follows, that Council, by motion or otherwise can make it very clear what it wants the advisory boards to do or not to do. RESOLUTION NO. 7985 was read, approving Change Order "J" between CITY OP NATIONAL CITY and BUR.:AU OP YARDS AND DOCKS OF PHD UNITED STATES NAVY DLPARPMENT. .Moved by Allen, seconded by Hollingsworth, the resolution be adopted. Carried by unanimous vote. P SOLUTION NO. 7986 was read, "RESOLUTION'PROPOSING TO CHANGE WORK TO BE pLRPOIamD;PURSUANT TO RESOLUTION OF -.INTENTION NO. 7928 (Prospect Street -between 18th Street and 22nd Street)." .Moved by flargan, sec- onded by Reid,theResolutionbe adopted. Carried by unanimous vote. RE.OLUTION"NO. 7987 was read, accepting Grant Deed from Ralph and Mildred L. Shrader. Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. ORDINANCE No., "AN ORDINANCE OP THE CITY OF NATIONAL CITY CALLING A SPECIAL EIECTION TO BE HELD ON THS 3RD .DAY OF OCTOB.ER, 1961, PER- TAINING TO THE ANNEXATION OPLINCOLN ACRIIiS,TO THE CITY OF NATIONAL CITY", was presented for the first reading, and read in full.... ORDINANCE NO. , "ORDINANCE DETERMINING 'TI • AMOUNT OF REV: NU NECESSARY FROM PROPERTY TAXES FOR SUPPORT OF ITS DIPARTMENTS APT TO PAY BOND JD INDEBTEDNESS OP CITY OF NATIONAL CITY, CALIpoRNIA, FOR FISCAL YTAR 1961-62", was presented for the first reading, and read in full. ORDINANCE NO. _, "AN ORDINANCE GIVING NOTICE OF I1T::NTION TO VACATE Ai.D CLOSE THE .ALLEY 1511.TWEEN 21st and 22nd STRL..TS Ai;D HARDIi G AIW WILSON AVSNUE5 IN THL CITY OF NATIONAL CITY,. CALIFORNIA", was presented for the first reading, and read in full. 8/15/61 56 ATTORNEY CURRAN stated the easement presented at the last meeting which was signed by Ralph and Mildred Sohrader is defective inasmuch as the notary has not made a proper form of acknowledgment, and recom- mended it be returned to the notary directly in Santa Clara County for the proper form of acknowledgment so the matter can be processed. Approved by unanimous vote. ATTORNEY CURRAN stated with reference to Superior Court action entit- led "United States National Bank vs San Diego County and the City of National City", the attorneys for U. S. National Bank advised it will not be necessary to file an appearance on behalf of National City in the matter until suoh time as the City Attorney is served with ten days notice. Por practical purposes it puts the case at rest until the bank determines whether or not it desires to proceed... ATTORNEY CURRAN stated American Surety Company of New York has issued a Certificate of Insurance showing Pace Construction Company has pub- lic liability and property damage insurance, and recommended it be filled. Ordered filed by unanimous vote. ATTORNEY CURRAN stated the letter which the former City Engineer wrote sometime ago regarding the proposed Allied Contractors Annexation by the City of Chula Vista has been under consideration by the City Attorney. The problem posed is there were many bills submitted to the Legislature during the past year which would have amended the proced- ure by which annexations might be made by a City. There was an Interim Committee of the Assembly; Peter DeGraaf, Councilman of Chula Vista, and the City Attorney testified before the committee with reference to making the improvement in the law. The Legislature did not make any vital change which had been posed by Mr. Roberts, former City Engineer. Mr. Roberts felt very strongly such an annexation should not be allowed; he also suggested the County Boundary Commission should take more of an interest in the matters. The difficulty is the County Boundary Commission has not been given any jurisdiotion by the Legis- lature and until such time as the Legislature itself acts we will have to oarry on with our annexation procedures as the law now exists with the new amendments which will become effective September 15th of this year. COUNCILMAN Af,TRN stated he wished a report from the City Attorney regarding the status of National City's contract with San Diego's Met- ropolitan Sewer System; also the status of Ramm's Annexation. Moved by Hollingsworth, seconded by Morgan, the City Clerk be author- ized to write a letter to the Lions Club from the Counoil expressing our appreciation for the playground equipment placed by them in Las Palmas Park. Carried by unanimous vote. 8/15/61 57 Moved by Allen, seconded by Hollingsworth, a letter be sent to Miss Hergert, Recreation Director, complimenting her and her staff for the wonderful show they put on, namely the Aquavarieties. Approved by unanimous vote. Novel by Hollingsworth, seconded by Alien, a letter be written to the Junior Chamber of Commerce thanking them for the dinner they served the Council, when they were guests for the hiss National City contest. Approved by unanimous vote. BILLS AUDITLD BY THE FINANCE C0 iIP`1 E presented: General Fund Traffic Safety Fund Park Fund Harbor Fund Trust & Agency Fund Special Street Fund Payroll Fund $ 21,711.31 2,405.65 803.52 5,767.66 9.52 1,779.27 55,988.92 TOTAL $ 88, 465.85 Moved by Morgan, seconded by Reid, the bills be approved for payment. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. RESOLUTION NO. 7988 was read, authorizing the payment of328,101.00 to Gamewell Company, for Fire Alarm System payment, from the Capital Out- lay Fund. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. Moved by Hollingsworth, seconded by Reid, the proposed Civil Service Ordinance be referred to the City Manager and City Attorney for recom- mendations. Approved by unanimous vote. CITY hANAGLR BIRD recommended Victor G. Hernandez be transferred from the Sewer Department to the Street Department. Approved by unanimous vote. CITY hANAGLR BIRD presented the following resignations: Douglas Morgan and Marlys Reckewey, both from the public Library; and Edwin W. Mercer, Jr., Rear Chainman in the Engineering Department. CITY MANAGER BIRD recommended the communications be placed on file; they are all tempor- ary part time employees. Approved by unanimous vote. Moved by Allen, seconded by Reid, a letter, signed by the Mayor, be sent to each of these persons thanking them for their services during this time. Car- ried, by the following vote to -wit: Ayes; Allen, Reid, Hart. Nays: Hollingsworth, Morgan. COMMUNICATION FROM BONNIE KERMOTT was read, asking Warrant No. 2228, in the amount of 641.08, issued December 5, 1960, be cancelled and a new one issued as she has been informed by the Assistant Librarian the 8/15/61 58 above check has never been cashed, and Mrs. Kermott stated she is unable to locate same. Moved by Morgan, seconded by Hollingsworth, it be referred to the City Attorney to take the legal steps and issue a new warrant. Carried by unanimous vote. REPORT FROM CITY ENGINEER FOSTER relative to paving portions of Tide- lands Avenue between 19th Street and Paradise Creek, was read, recom- mending the work be accepted and a Notice of Completion filed. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the necessary resolution of acceptance, and the proper authorities be authorized to make the payments of $55,723.61. Approved by unanimous vote. REPORT FROM THE FINANCL COPNIT2 E was read relative to the recommenda- tion from the National City Municipal Employees Association employees be allowed to accumulate sick leave. The matter was held over for study and a recommendation of the City Manager. The Committee recom- mended the request of Gordon Hobel, Secretary of the San Diego Bay Committee, requesting a contribution of 450.00, be denied on the advice of the City Attorney. The matter of landscaping future freeways through National City, as recommended by the Chamber of Commerce, was discussed. The Finance Committee adopted a motion when the agreements are entered into with the Division of Highways for the two freeways which are to go through National City, the matter will be taken under consideration. A petition requesting street lights on "T" Avenue between 4th and 8th Streets was read, and the Committee recommended the City Manager be authorized to have a study made to see if we have lighting facilities in the area. Moved by Allen, seconded by Reid, the recommendations of the Finance Committee be approved. Approved by unanimous vote. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY was read, stating a meet- ing of the Finance and Insurance Committee will be held August 17, 1961. Ordered filed by unanimous vote. COMMUNICATION FROM CHAMBER OF COMMERCE was read, giving a report of the .expenditures of the City Advertising Funds received by them for the fiscal year 1960-61. Ordered filed by unanimous vote. COMMUNICATION FROM R. K. RLBELE, CO-tUBLIShER, BAY CITIES PDBLI BING 00i ALY STAR -NEWS, was read relative to a special edition to celebrate Chula Vista's 50th anniversary as an incorporated city; and stated it would be appreciated if the City would give some consideration to plac- ing an ad in the issue. Moved by Hollingsworth, seconded by Morgan, the communication be referred to the Finance Committee. Approved by unanimous vote. 8/15/61 59 COMMUNICATION PROM R. B. JAiES, COUNTY CLERK, was read, stating the Board of Supervisors on July 25 approved the recommendation of M. J. Shelton, Temporary Chairman of the Citizens Study Group of County Flood Control Problems, for organization of a Flood Control Advisory Commit- tee, to report its specific recommendations for an action program of flood control. CITY MANAGER BIRD suggested City Engineer Foster be appointed to serve on the Committee, it meets once a month. Moved by Hollingsworth, seconded by Reid, Mr. Foster, City Engineer, be appointed to this Flood Control Committee. Approved by unanimous vote. CITY MANAGER BIRD reported the past week the City Engineer and himself met with Mr. Rushing of the Dept. of Public Works, County of San Diego, and the Spring Valley sewer alignment was discussed. They have pre- sented to us a resolution relative to an outfall sewer by the Spring Valley Sanitation System; and recommended a copy of the resolution be referred to the City Attorney so he can check it for legality and any changes he may think necessary. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to the resolution on the sewer be approved. Approved by unanimous vote. CITY :TANAGER BIRD reported he is in possession of the Engineering Science, Inc. report from the City of San Diego, relative to the inter- ceptor sewer; and will be on file in his office. COMMUNICATION FROM DIVISION OF HOUSING was read relative to State Trailer Park Act. A B 2126 becomes effective on September 15th and provides the act shall apply statewide and supersede local ordinances on the same subject. There will be a hearing in Los Angeles on August 29th in the State Office Building, CITY MANAGER BIRD stated a copy has been sent to our Chief Building Inspector and he will have a report and recommendation at the next meeting of the Council; and recommended it be received and a copy be transmitted to the Planning Department for their recommendations on lot sizes, yards, etc. Also the Council should consider whether or not we are going to ask the State Housing for the privilege of enforcing the State law within our own local jurisdiction. Mr. Bird stated he also has a copy which should be referred to the City Attorney for his recommendation. Approved by unanimous vote. COMMUNICATION FROM DIVISION OF HOUSING was read, stating there was sub- stantial enactment by the 1961 Legislature effecting the administration of some housing laws within the City's jurisdiction and that of the Division of Housing. A brief synopsis of each of the enactments was attached together with endorsed copies of AB 787; AB 1266; and AB 2126. CITY MANAGER BIRD stated it has been referred to the Chief Building Inspector for a report at the next meeting. Mr. Bird said when the 8/15/61 60 report comes in, it can be adopted by reference of the State regulations and set up a Housing Department within the City. REPORT FROM CITY PLANNER STOCKMAN was read, regarding petition relating to the keeping of horses within the City. An inspection was made on August 14th and it would appear the keeping of two horses and one burro would be in violation of the Animal Ordinance, and if one horse is kept the corral would have to be placed in such a manner as to maintain a 100 foot distance from any dwelling, including the dwelling of the owners. CITY MANAGER BIRD recommended the Polioe Department be notified to enforce the violation. Moved by Allen, seconded by Reid, this be referred to the Police Department to act on the violation of the Animal Ordinance of the City of National City. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. CITY MANAGER BIRD stated he has four different transfers whioh total $348.69 and recommended the City Attorney be authorized to prepare a resolution for the transfer. Approved by unanimous vote. CITY CLERK ALSTON presented the Affidavit of Publication of Resolution No. 7967 in regard to the proposed sale of real property. Ordered filed by unanimous vote. COMMUNICATION FROM AIEXAND R H. POPE, L GISLATIVL SECRETARY, addressed to the City Clerk, was read, stating Governor Brown asked him to ack- nowledge her wire relative to AB 2126. Ordered filed by unanimous vote. REPORT FROM CITY PLANNER STOCKMAN was read relative to the request of the City Counoil for a study on the control of issuance of liquor lic- enses through zoning. The report cited certain oases by Attorneys from the League of California Cities, and it has been their recommendation how the matter could be handled. MRS. STOCKMAN stated it would be her opinion the zoning pattern of the City of National City could be estab- lished. firs. Stockman stated she vo uld like more time to give the matter further study, and also would like the report she gave referred to the City Attorney as to the legality of the plan she presented as to how the zoning could be carried out in National City. Moved by Morgan, seconded by Hollingsworth the recommendation of the City Plan- ner be referred to the City Attorney and she be given more time for study, be approved. Carried by unanimous vote. COUATCILMAN AT,Tr:",N stated he wished to give the City Planner a "little pat on the back" for the job she has done in regard to 7th and "i in stopping a junk pile and following the process through to what he believes is going to be a successful elimination of something that was very unsightly and not good for the City. 8/15/61 61 R SOLUTION NO. 7989 was read, accepting work dope by Griffith Company for the Paving lortions of Tidelands Avenue between l9th Street and Paradise Creek, and authorized the filing of a Notice of CoMpletionz"' Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RLSOLUTION NO. 7990 was read, authorizing the following transfers be made: From the Trust & Agency Fund to the General Fund: Williams Manor #4, ?',127.57; Hilty Subdivision, $93.34; National Award Homes 01, $108.17; Beth's Wedding Subdivision, $19.61, total $348.69 (Balance of Subdividers deposit for Engineering services as per Ordinance No. 873). Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Moved by Reid, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:14 p.m. MAY R, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLLRX 8/15/61