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HomeMy WebLinkAbout1961 11-28 CC MIN173 National City, California, November 28, 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, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, 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 regular meeting of November 21, 1961, be approved. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: None. Coun- cilman Allen abstained from voting. RESOLUTION NO. 8030 was read, "FINDING AND DETERâ–º4INING THAT A MAJORITY PROTEST HAS NOT BEEN MADE (SWEETWATER ANNEXATION NO. 4)". Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: Hollingsworth. RESOLUTION NO. 8031 was read, "RESOLUTION DIRECTING NOTICE OF FILING OP ASSESSMENT AND TIME OF HEARING THEREON (Prospect Street between l8th Street and 22nd Street)". Moved by Morgan, seconded by Reid, the Reso- lution be adopted. Carried by unanimous vote. ATTORNEY CURRAN stated an ordinance was introduced at a previous meet- ing giving notice of intention to vacate and close portions of 23rd Street and portions of "A" Avenue; however, the Council made a motion there be an amendment to the ordinance to close an alley in conjunction with the streets. The ordinance has been amended to include the alley, and action can be taken at the next meeting. ORDINANCE NO. , an ordinance amending Ordinance No. 943 regulating the preparation of foods, was presented for the first reading, and read in full. ORDINANCE NO., "AN ORDINANCE AMENDING ORDINANCE NO, 962 BY REZON- ING CERTAIN REAL PROPERTIES IN NATIONAL CITY", was presented for the first reading,. and read in full. ATTORNEY CURRAN stated A. L. Griffiths & Son have requested Glens FallS Insurance Policy No. PCL 156323 be returned so it may be cancelled, and recommended the City Clerk be authorized to reply that the policy can- not be returned inasmuch as it has become a City record; however, the cancellation is noted by the City. Recommendation approved by unani- mous vote. 11-28-61 174 ATTORNEY CURRAN reported C. S. and Wallace G. Johnson have filed a cer- tificate of insurance as required by their contract, and recommended it be filed. Ordered filed by unanimous vote. ATTORNEY CURRAN reported he received a notice from the Alcoholic Bever- age Control Appeals Board that the San Diego Tavern and Restaurant Association has filed a notice of appeal in the matter of the protest of the issuance of a license to Harold F. Dodds, It will be necessary for a transcription of the hearing to be prepared and submitted to the Appeals Board at which time further information will be forthcoming, ATTORNEY CURRAN reported the Public Utilities Commission has made its decision No. 62849 in the matter of the application of the San Diego Transit System for authority to increase its fares. At the time of the hearing the City Attorney spent considerable time in cross-examining the General Manager of the Transit System regarding the possibility of changing the system of zoning. The Public Utilities Commission in its decision took notice of this point and made its decision which created the rate increase. ATTORNEY CURRAN stated he has reviewed the Truck Insurance Exchange policy and recommended the same be approved. Approved by unanimous vote. ATTORNEY CURRAN reported he attended the `white House Regional Confer- ence last Monday and Tuesday in Los Angeles with reference to the pos- sibility of securing Federal funds for a share of the City's cost, relative to sewage treatment. There was also discussions on air pol- lution control and also fallout shelters. Attorney Curran stated he received a packet of documents containing valuable information which he gave to Mayor Hart for study. C. J, ALLEN, 715 E. 24th Street, owner of Allen Power Tools & Machinery Co., was present and stated he has built a new building in the 100 block on National Avenue, and is having a parking problem. 4r. Allen stated he had requested permission to put in an oversize driveway at his place of business which would increase the parking spaces. CITY MANAGER BIRD stated this is the request which was received from San Diego Construc- tion Company and discussed at the last meeting of the Council, at which time it was recommended the application be held in abeyance and a study be made of the situation. If the request is not granted it will only allow a 19 foot driveway at Mr. Alien's place of business. HEARING ON PROPOSED ANNEXATION OF "ATOMIC INVESTMENT COMPANY ANNEXATION" was held at this time. CITY CLERK ALSTON reported she received no writ,. ten protests, and no one was present in this regard. Moved by Morgan, seconded by Alien, the hearing be closed and referred to the City Attor- ney for further processing. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hart. Nays: Hollingsworth. 11-28-61 175 COUNCILMAN ALLEN stated he thought the answer to the situation regard- ing the request of C. J. Alien for oversize driveway would be to obtain the correct permit. GUY BRINEGAR of the San Diego Construction Company, 5253 El Cajon Blvd., San Diego, was present and stated they submitted a letter and application for the oversize driveway. CITY MANAGER BIRD stated the Council can either grant or deny the application. After further discussion, it was moved by Morgan, seconded by Reid, the request for the oversize driveway be denied. Carried, by the following vote to -wit: Ayes: Morgan, Reid, Hart. Nays: Allen, Hollingsworth. WALTER F. HODGE, 2102 Grove Street, was present and stated he wished to know about the proposed 1911 Act Improvement for 21st Street between Grove and Newell, and asked if the dedication of 21st Street would be brought up at the meeting. CITY CLERK ALSTON stated the matter will be presented under the report of the Planning Commission. CITY MANAGER BIRD stated with reference to the action which the Council took in denying the application of Mr. Alien for an oversize driveway, he will now be limited to a mere 19 foot driveway. MAYOR HART said he did not realize it, and would like to rescing his vote, and the Council reconsider the request. Moved by Allen, seconded by Hollingsworth, the previous motion denying the request of Mr. Allen for an oversize drive- way be rescinded. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hart. Nays: Morgan, Reid. Moved by Allen, seconded by Hollingsworth, the request for the oversize driveway for this particu- lar building be granted, and the driveway be 38 feet in width, subject to the approval of the City Engineer and City Manager. Carried, by the following vote to -wit; Ayes: Allen, Hollingsworth, Hart. Nays: Morgan, Reid. COUNCILMAN ALLEN stated sometime ago he believed the City Attorney was authorized to change the parking ordinance regarding the "no parking" signs on National Avenue between certain hours, and asked if that was correct. ATTORNEY CURRAN stated there has been authorization by the Council, and the reason the matter has not been submitted as yet, he is waiting until other problems regarding parking have been worked out; he had a conference with the Chief of Police on this matter and in due course we can include it with the other problems. Moved by Morgan, seconded by Allen, the City Attorney be permitted to continue his study of the parking problems. Carried by unanimous vote. VICE MAYOR HOLLINGSWORTH stated she thought the tax bills this year were greatly improved, but would like to request we send a resolution to either the County Assessor or County Tax Collector, requesting they put the tax structure on the back of the bills, as they have previously done so the people will know just what proportion of their tax money 11-28-61 176 goes for schools, water, etc. Moved by Hollingsworth, seconded by Morgan, the City Attorney be authorized to prepare a resolution to be presented to the proper authorities relative to putting the tax struc- ture on the back of the tax bills. Carried by unanimous vote. COMMUNICATION FROM CHARLES B. PROVENCE, Attorney, relative to proposed Sweetwater Annexation No. 4 was read, stating he has been requested by the protestants the proceedings be terminated. CITY MANAGER BIRD recom- mended the communication be filed and a copy referred to the City Attor- ney. Approved by unanimous vote. COMMUNICATION FROM HENRY R. AND MRS. J. V. KLEIN was read, stating they are owners of approximately 6.74 acres of vacant land located at the Northwest corner of Euclid and Division Streets, and requested consider- ation be given in regard to proper zoning of their property. CITY MANA- GER BIRD recommended the communication be referred to the Planning Com- mission. Approved by unanimous vote. CITY MANAGER BIRD stated the report of the City Attorney which was pre- sented at the last meeting had reference to a check from the California Water & Telephone Company and it was the City Attorney's recommendation the check be delivered to the City Manager and the sums verified. Mr. Bird said the Bookkeeping Department has verified these amounts and they are correct; however, in discussing the matter further with the Auditor of the California Water & Telephone Company, no delinquencies or penalties have been included in the figures. The amount of unse- cured taxes has been verified by the San Diego County Water Authority. It is understood by the California Water & Telephone Company under the terms of its contract with the City of National City it is the duty of the City to furnish these figures, which has not been done. It seems this is a matter which will have to be referred back to our Attorney for a solution to be worked out between the Attorney for the California Water & Telephone Company and our Attorney in relation to the penalties. CITY MANAGER BIRD recommended we accept the present amount of money and refer the matter to the City Attorney. Moved by Morgan, seconded by Reid, the matter be referred back to the City Attorney and we accept the check as part payment on back taxes, and the City check back 33 years to see if we have been paid for the unsecured taxes during that time. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. CITY MANAGER BIRD reported the watering of Las Palmas Park in relation to the recreation activities has been worked out amicably to all par- ties and the playgrounds are being used to their best advantage. 11-28-61 177 COMMUNICATIOiN FROM CIVIL SERVICE COMMISSION was read, recommending Donald Torbett, who resigned as a Fireman, be placed on the Reserve List. Moved by Hollingsworth, seconded by Reid, the request be denied. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart, Nays: Alien, CITY MANAGER BIRD stated he received a notification from the San Diego Industrial Council of their meeting tomorrow night at 7:O0 p.m. at Leiter's Cafe in San Diego. CITY MANAGER BIRD stated we have received a request from National Award Homes through Anchor Signs to put up a 8' x 16' sign on the property just being acquired by the City for repayment of the highway. They will pay the cost of the sign which will state: "future site of El Toyon Park, City of National City".. Moved by Morgan, seconded by Alien, the request be granted. Carried by unanimous vote. VICE MAYOR HOLLINGSWORTH stated a number of people are wondering what the building is in El Toyon Park; they are referring to the Community Building, but there is no sign to so indicate. Moved by Allen, the builder bennotified to put up some type of sign. Motion died for lack of a second. CITY MANAGER BIRD stated we have a sign which has been in storage and it may be usable; however, we should be thinking about the dedication of the building. Mr. Bird said he would like permission to have a plaque 24" x 18" so it can be seen from the outside of the build- ing. Request approved by unanimous vote. Moved by Alien, seconded by Reid, the name of the fields be put on the score boards, also the name of the park. Carried by unanimous vote. MAYOR HART stated he thought when the dedication date for the Community Building in E1 Toyon is decided, the people in the Northeast section of the City should be notified. CITY MANAGER BIRD stated it was discussed and was the thinking, the P. T. A. of El Toyon School would be the hos- tesses for the dedication, CITY MANAGER BIRD stated on November 20, 1961, he wrote a letter to the Civil Service Commission relative to sick leave, etc., stating the Council did approve the recommendation of its Finance Committee chang- ing sick leave, Civil Service Rule 10.2, and authorized the City Mana- ger to work out the details. The action was in accord with the request of the City employees. Mr. Bird proposed the following for considera- tion of the Civil Service Commission: Sick leave be increased from 60 days accumulative to 90 days. That said sick leave be earned during the first six months of employment at the rate of two days per month, then one day per month thereafter. Further, that accumulated and unused sick leave credited to an employee at the time of his eligibility 11-28-61 178 and application for retirement shall be included in computing the ser- vice to which he shall be credited for retirement purposes at the rate of a month of credited service for each 20 days of accumulated but unused sick leave. Mr. Bird also proposed an addition to Rule 10.2, Section 6 to the effect of making the department head responsible for sick leave during the first three days before the filing of a physicians certificate is required. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating the Commission concurs in the matter of increasing sick leave to 90 days and making the department head responsible for sick leave during the first three days before the filing of a physicians certificate. With reference to receiving compensation for accumulated and unused sick leave upon retirement, however, the Commission believes the recommendation of the Employees' Association of August 14, 1961, will better encourage employees to have less absenteeism by giving them a monetary goal toward which to work. CITY MANAGER BIRD stated the recommendation of the Employees' Association was that if any employee has worked for the City for five years or longer, and is in good stand- ing at the time of termination, one half of his accumulated sick leave be incorporated in his check (at his going rate) at the time of his separation from the City, providing, however, he leaves of his own accord, is layed off, or retired. CITY MANAGER BIRD stated he would recommend the Council consider his proposal as set forth in the com- munication to the Civil Service Commission. Moved by Morgan, the mat- ter be laid over a week for further study. Motion died for lack of a second. Moved by Hollingsworth, seconded by Reid, the recommendation of the City Manager be approved and the Civil Service Commission be so notified. Carried by unanimous vote. CITY MANAGER BIRD stated with regard to Ordinance No. 712, Section 8, Sub -section (i), he thought it would be proper at this time to recommend the Council consider promul- gating this rule as adopted. Approved by unanimous vote. MINUTES OF MEETING OF NOVEMBER 7, 1961, OF BOARD OF DIRECTORS OF THE SOUTH BAY IRRIGATION DISTRICT were presented and ordered filed by unanimous vote. CITY CLERK ALSTON stated she was happy to be able to return to her duties after her illness. CITY ENGINEER POSTER reported the City has received a check from the Santa Fe Railway Company in the amount of $10,722.00 for their share of the Tidelands Avenue 30-Inch Storm Drain. CITY ENGINEER POSTER stated he received a deed from Richard G. Haas relative to property at the Northeast corner of 8th Street and Palm Avenue, and recommended it be referred to the City Attorney for prepar- ation of a resolution of acceptance. Approved by unanimous vote. 11-28-61 179 CITY ENGINEER FOSTER reported he received a communication from the Division of Highways relative to a Utilities Agreement for installing, removing and/or rearranging existing sanitary sewer facilities to accom- modate freeway highway construction on Road XI-SD-2-NatC,SD between 0.1 mile north of South City Limits of National City and 0.4 mile north of Division Street, and recommended it be referred to the City Attorney for his consideration, Approved by unanimous vote, REPORT FROM THE PLANNING COMMISSION was read recommending the City dedi- cate 21st Street lying between Grove Street and Newell Street. Moved by Morgan, seconded by Reid, the recommendation of the Planning Commis- sion be approved. Carried by unanimous vote. Moved by Allen, seconded by Morgan, the City Attorney be instructed to prepare a resolution dedi- cating this particular strip of property as 21st Street. Carried by unanimous vote. WALTER F. HODGE was present and asked if the 1911 Improvement would be given consideration after the street dedication. COUNCILMAN ALLEN stated the petition has only one signature, that of Mr. Hodge, who owns 50 percent of the property to be improved and thought the petition should contain more than just the one, at least 51 percent should sign the petition asking for the improvement. MAYOR HART suggested the street be dedicated before any further action is taken. RESOLUTION NO. 8032 was read, accepting Grant Deed from Richard G. Haas. Moved by Hollingsworth, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. Moved by Morgan, seconded by Reid, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:35 p,m. d /-71 MA( , CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK 11-28-61