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HomeMy WebLinkAbout1961 11-07 CC MIN138 National City, California, November 7, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m. o'clock. Council members present: Allen, Morgan, Reid, Hart. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Bird, Curran, Foster, Gautereaux, Kerr, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Clark of the First Baptist Church. Moved by Reid, seconded by Morgan, the minutes of the adjourned meet- ing of October 24, 1961, be approved. ADMINISTRATIVE ASSISTANT OSBURN stated the minutes should be corrected as Vice Mayor Hollingsworth voted "no" to the adoption of Resolution No. 8015. Vote taken as fol- lows: Ayes: Morgan, Reid. Nays: Allen, Hart. Absent: Hollings- worth. Moved by Morgan, seconded by Reid, the minutes be approved, as corrected. Carried by unanimous vote. RESOLUTION NO. 8321 was read, accepting Deed of Dedication from the Sweetwater Union High School District of San Diego County. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. VICE MAYOR HOLLINGS ORTH present. RESOLUTION NO. 8022 was read, accepting the bid of McCune Motors for police cars. ►Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. ORDINANCE NO. "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED 'RAMOS SUBDIVISION' T3 THE CITY OF NATIONAL CITY", was presented for the first reading, and read in full. ORDINANCE NO. , an Ordinance amending Zoning Ordinance No. 962, changing zones in the Olivewood Annexation, Tefft-Sedlack Annexation, and the Bahia Vista Annexation, 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. 1010, "AN ORDINANCE AMENDING ZONING ORDINANCE ND. 962 OF THE CITY OF NATIONAL CITY, CALIFORNIA". Moved by Hollingsworth, seconded by Morgan, the Ordinance be adopted. Carried, by the follow- ing vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. ATTORNEY CURRAN reported he received a certificate of decision from the Department of Alcoholic Beverage Control certifying that on November 2, 11-7-61 139 1961, the Department adopted a decision which had been proposed by the hearing officer of the office of Administrative Procedure and the deci- sion shall become operative on December 14, 1961. The decision is that in the matter of the protest of the City Council of the City of National City against the issuance of an on -sale beer license to Harold F. Dodds for the business at 21 W. 7th Street, National City, being Pile No. 46214; the issuance of the license applied for would be contrary to public welfare and morals and would aggravate an existing police prob- lem. Therefore, the recommendation was the petition be denied and the protest be sustained. MAYOR HART stated he wished to thank the City Attorney, Police Chief, Churches, P. T. A. groups and all the people who supported this and helaed us; there were approximately 200 people present at the hearing. Mayor Hart also thanked Mr. Eddy for the tes- timony he gave. ATTORNEY CURRAN stated the League of California Cities has directed a communication to the attention of the City Attorney to the effect in order to comply with some technical revisions of the Bradley Burns Act under which the sales tax of National City is presently being collected, we should adopt some minor technical amendments to our sales tax ordi- nance. It was the recommendation of the City Attorney he be given authorization to present such an ordinance to the City Council. Approved by unanimous vote. ATTORNEY CURRAN stated with reference to the question raised as to whether or not the amendment to the unemployment insurance code of California, which makes it unlawful for an employer to refuse to hire a person simply because of being between the ages of 40 and 64 would not prevent the City from prescribing age limits in setting up the Civil Service examination for policemen and firemen; the City Attorney has determined the unemployment insurance code section doesnestroy the ability of the City to prescribe age limits for its policemen and fire- men. MAYOR HART stated he has attended a number of defense programs and they all tell us what we need, what we should do, etc., but there does not seem to be anything concrete. Mayor Hart stated he thought in this part of the country there should be bomb shelters, not fall -out shel- ters. We have three large parks where we could build bomb shelters, and the schools should also provide bomb shelters. It might be well to have a meeting with Mr. DeHaven, Civil Defense Coordinator; Attorney Curran, City Manager, City Engineer, and the Building Department, and see how it could be financed. MARTHA CLARK, 2133 National Avenue, was present and read a communica- tion from the Better Citizens Committee regarding the annual conference 11-7-61 140 of the League of California Cities. They would like to know the cost of sending salaried officials; and thought officials should make a report, through the press of matters of public interest and general benefit to the citizens, which were discussed at the conference. The communication was ordered filed. HARRY PRATT, Sales Manager for Moody's Lunch Service, 4637 Market Street, San Diego, was present, requesting Paragraph 1, Section (c) of Ordinance No. 943 be deleted, as it causes a hardship. Mr. Pratt stated they have talked with the License Dept. and have suggested pay- ing a fee of $25.00 for each truck instead of the $1.50 they are pay- ing at the present time. LEONARD HANSELL, Sanitarian with the Health Department, was present and stated the paragraph of the ordinance referred to is rather difficult to enforce because the vehicles which operate in the City also operate in the County, and it is his job to see all sandwiches are picked up within the City which are sold within the City, which is impossible to do because he cannot determine how many sandwiches should be picked up each day. Mr. Hansell said he thought the wording of the Ordinance is rather vague. CITY TREASURER KERR stated apparently from all the information received from the various operators it has been a hardship for all of them, as well as the City as there have been many problems. MAYOR HART recommended the information be given to the Finance Committee for study prior to a meeting with the Committee. COUNCILMAN ALLEN asked the City Treasurer if she would make a recommendation to the Finance Committee as to what she thinks should be changed in the ordinance in order to benefit the City, the Treasurer's Office, and the people concerned. CITY TREASURER KERR stated she will attend the meeting of the Finance Committee and present her recommendation. Moved by Morgan, seconded by Alien, the recommendation of the City Treasurer be approved. Carried by unani- mous vote. EVE BISBERG, 1826 E. 8th Street, was present and stated she was very interested in the Mayor's defense program and thought it would be fine if we could have community planning and some discussion on the project. Mrs. Bisberg stated in reading the minutes of the last Council meeting she noted a citizen of National City was denied his request of not having to install sidewalks and curbs, and questioned the decision why one person must do it and others do not, and felt all citizens should be treated the same. Mrs. Bisberg stated she also noted the Chamber of Commerce requested the $2,500 designated for Christmas decorations be used for a City brochure, and thought the money should be spent in the interest of the citizens. 11-7-61 141 HEARING ON ZONE CHANGE FOR SWEETUATER HEIGHTS ANNEXATION was held at ;his time. There were no written protests, and no one w s present in tlis regard. Moved by Allen, seconded by Reid, the hearing be closed and referred to the City Attorney for continuation. Approved by unani- mol.s vote. HEARING ON ZONE CHANGE FOR SWEETUATER ANNEXATION UNIT NO. 3 and AARDEMA ANNEXATION. There were no vfritten ,3rotests, and no one was present in this regard. Moved by Allen, seconded by Reid, the hearing be closed and referred to the City Attorney for the next step. Approved by unanimous vote. RESOLUTION NO. 8023 was read, authorizing the following payments from the Capital Outlay Fund: $493.91 to JOHNSON-ANDERSON, ARCHITECTS; $9,962.73 to W. J. HAAS, CONTRACTOR, for El Toyon Community Building. Moved by Allen, seconded by Morgan, the Resolution be adopted. Car- ried by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Trust & Agency Fund Drainage Fund Park Construction Fund Payroll Fund $ 25,353,23 3,564,92 499,50 9,361.22 4,217.66 50.50 868.52 47,33 53,360.38 TOTAL $ 97,323.26 Moved by Morgan, seconded by Reid, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. SPECIFICATIONS for positions of Park Supt., Asst. Park tion Director, and Recreation Leader, were presented. BIRD stated as late as noon today the complete reports Supt., Recrea- CITY MANAGER have not come in from the various two departments; they were held in abeyance pend- ing the outcome of the San Francisco conference as to nomenclature in those particular divisions, and requested the item be held over. Moved by Morgan, seconded by Reid, the item be laid over until the City Mana- ger has time to process the recommendation. Approved by unanimous vote. REPORT OF CITY TREASURER for period ending October 31, 1961, was pre- sented and ordered filed by unanimous vote. COMMUNICATION FROM U. S. ARMY ENGINEERS relative to the request of the City of Oceanside, was presented. CITY MANAGER BIRD stated the request does not affect National City and recommended it be received and placed on file. Approved by unanimous vote. 11-7-61 142 COiMUNICATION FROM DIVISION OF HIGHWAYS was read, stating the plans, specifications and estimate for paving, installing P. C. curbs, storm drains and structures on Eighth Street from Sanitarium Avenue to Plaza Boulevard have been reviewed. The plans and specifications are approved and the City is authorized to advertise for bids. CITY MANAGER BIRD recommended the City Clerk be authorized to advertise for bids upon presentation of the approved plans and specifications. Approved by unanimous vote. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY of meeting of Water Prob- lems and Policy Committee, November 9th; also minutes of the regular meeting of October 13th and adjourned meeting of October 18th of the Water Authority were presented and ordered filed by unanimous vote. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES was read, relative to the proposed revision of Public Utilities Commission General Order No. 103. Hearings on whether' P.U.C. General Order No. 103 should be amended to include fire flow requirements and regulation of payment of costs of water facilities installed for the purpose of maintaining fire flow will be held in San Francisco, November 8th, and in Los Angeles N ovember 15th, Commission Court Room, State Office Building, 107 South Broadway. CITY [MANAGER BIRD recommended the City Attorney be author- ized to appear at the hearing November 15th in Los Angeles. Approved by unanimous vote. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Edith C. & Malberry Barnes, dba Midget Market #8, 2421 National Ave., was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of the application. Moved by Hollings- worth, seconded by Reid, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. COMMUNICATION FROM TARTER, WEBSTER & JOHNSON, INC., San Francisco Office, was read, stating it is their understanding National City has agreed to continue their rental on the same basis as heretofore for the first two and one half years of the renewal option period; also they will voluntarily approach the Harbor Committee at the expiration of the two and one half year period and review the matter of rentals at that time. VICE MAYOR HOLLINGSWORTH stated the Harbor Committee had a meeting and they agreed to continue the lease of Tarter, Webster & Johnson for five years at no increase in rates due to the decline of business at the present time. It was thought there might be a change in business con- ditions within that period of time and we asked them to come before the Committee at the end of the two and one half year period to determine if the same condition exists, or whether business has improved. Mrs. 11-7-61 143 Hollingsworth asked the City Attorney, if in his opinion it was satis- factory to include the stipulation in the lease renewal. ATTORNEY CURRAN stated if the option period is one in which there is a minimum and maximum for this period there would not be anything that would require the agreement be for the full five year period; however, he would recommend the matter not be left in the air by letters and repre- sentation, but should require something more formal and there should be an agreement which would set forth what the parties will do so each of the parties will know where they stand. Moved by Hollingsworth, sec- onded by Reid, in view of the willingness of Tarter, Webster & Johnson to agree to a two and one half year interim discussion on whether the lease should be increased or not in the five year renewal be referred to the City Attorney to prepare an amendment to the existing agreement with Tarter, Webster & Johnson that is satisfactory to both sides. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. COMMUNICATION FROM MIKE DINI of McDINI'S, 38 W. 8th Street, was read, requesting National City do not amend the Zoning Ordinance to discon- tinue any future building of billboards in our commercial areas. Com- munication referred to the Planning Commission by unanimous vote. PETITION signed by a number of residents was read, requesting the Council to reconsider the fencing of Paradise Creek Drainage Project to include a fenced walk -way. CITY MANAGER BIRD said the petition states the students going to Granger Jr. High have to waik two miles, and he questioned why the School Board did not transport the children if they had to walk that distance for a temporary expedient until such time the City can come up with a plan to take care of the hazard. COUNCILMAN ALLEN stated he thought what the City has done and intends to do is the correct thing. MAYOR HART said he thought the School Board should be contacted to see if there is something they can do. MAYOR HART suggested the City Manager write a letter to the person who presented the petition stating what the City is doing in this regard. CITY MANAGER BIRD said he thought it might be well to put the notice in the newspaper setting forth what we are attempting to do. MAYOR HART asked the representative of the Star -News if she will see that is taken care.of. CITY MANAGER BIRD recommended the petition be received and filed, with the action so taken. Approved by unanimous vote, COMMUNICATION FROM NATIONAL SCHOOL DISTRICT was read, stating the Governing Board of the School District requests it be notified of all proposed annexations to the City of National City and it receive a copy of all resolutions adopted by the Council establishing date of public hearings in regard to said annexations. CITY MANAGER BIRD 11-7-61 144 recommended the communication be received and placed on file, and the City Planner designated to comply with the request. Approved by unani- mous vote. COPY OF COJMUNICATION FROM DDNALD L. TORBETT, addressed to Fire Chief Bailey was read, requesting termination of his employment, effective November 25th. It was also requested his name be placed on the eligi- bility reserve list. COMMUNICATION FROM FIRE CHIEF BAILEY was read, recommending his request to be placed on the eligibility reserve list for the period as specified by Civil Service, be honored. CITY MANA- GER BIRD stated a copy of Chief Bailey's letter has been forwarded to the Civil Service Commission; however, as at the present time they have not acted upon it, The rules and regulations of Civil Service require the approval of three entities for the placing of a person on the eligibility reserve list; the head of the department; the Civil Service Commission; and the City Council. It was the recommendation of City Manager Bird the resignation of Donald L. Torbett be noted, and the matter of placing him on the eligibility reserve list be held in abeyance until a report is forthcoming from the Civil Service Commis- sion. Moved by Allen, seconded by Reid, the resignation of Donald L. Torbett be accepted, with regrets, and he be written a letter of com- mendation for the excellent job he has done as a Fireman; and the mat- ter of placing his name on the eligibility reserve list be held in abeyance until a report is received from the Civil Service Commission. Approved by unanimous vote. COPY OF i4iEMORANDUM TO FIRE CHIEF BAILEY from Mary C. Nielsen was read, requesting a two weeks leave of absence without pay, beginning on December 1st through December 15th, 1961. The request was approved by unanimous vote. COMMUNICATION FROM DIVISION 3F HIGHWAYS was read, stating they are attaching copies of letters sent to the San Diego Transit System, Wes- tern Greyhound Lines, and American Buslines, Inc., regarding the pos- sible need for bus stops on freeway 101, and recommended the communi- cations be referred to the City Engineer. Approved by unanimous vote. CARD OF ACKNOWLEDGMENT of expression of sympathy from The Goulette Family was presented. Moved by Allen, seconded by Reid, it be received and placed on file, Carried by unanimous vote. CITY ENGINEER FOSTER stated the plans and specifications for the Improvement of 8th Street have been given to the Acting City Clerk so the job can now be advertised. CITY ENGINEER FOSTER stated he has prepared a letter regarding the matter of the Interceptor Sewer which was referred to him, showing 11-7-61 145 some of the points he feels are important. The communication was read in its entirety. CITY MANAGER BIRD recommended the communication be referred to the City Attorney and he be authorized to carry forward with whatever negotiations are pertinent at the present time. Approved by unanimous vote. CITY MANAGER BIRD stated there are several matters which should be taken care of by the Finance Committee. COUNCILMAN MORGAN, Chairman of the Finance Committee, asked the Committee to meet on Friday, November loth at 10:00 a.m. Moved by Morgan, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:03 p.m. ATTEST: 770 MAYOR, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK XC_ „Li C; `L-L- 11-7-61