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HomeMy WebLinkAbout1960 11-22 CC MIN172 National City, California, November 22, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members presents Allen, Hart, Morgan, Reid, Hollingsworth. Council members absents None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Kerr, Roberts, Stockman. The meeting was opened with pledge of Allegiance to the Flag by City Manager Bird, followed by invocation by Rev. Keeble of the First Con- gregational Church. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of November 15, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO.was read, "RESOLUTION DECLARING THE PROCEEDINGS HAVE BEEN INITIATED BY THE COUNCIL OP THE CITY OF NATIONAL, CITY TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRiMED HEREIN AND DESIGNATED "OLIVEWOOD ANNEXATION" AND GIVING NOTICE OF THE PROPOSED ANNEXATION." Moved by Allen, seconded by Hart, this resolution not be accepted and that the annexation be referred back to the Planning Commission to see if they cannot straighten out the situation and get the entire 40 feet instead of 20 feet. CITY MANAGER BIRD stated it was his understanding when 30th Street was abandoned there was only a dedication of the North 40 feet and it returned to the abutting property, by law, and he was astonished the legal description run through by the Engineering Department at the request of Planning came up with this 20 feet from the deed given the City by the Federal Gov- ernment. There is 20 feet in question, and recommended the City -Plan- ner be authorized to get a title search of the property involved for the purpose of proving the ownership. If th City does not own it, OO then there is a 20 foot by approximately 3000of a "no man's land" with no access. Carried, all the Council present voting aye. Moved by Allen, seconded by Morgan, the Planner be authorized to request a title search on this particular piece of property. Carried, all the Council present voting aye. ORDINANCE NO., "AN ORDINANCE AMENDING NATIONAL CITY ORDINANCE NO. 962 BY CHANGING THE PROCEDURE FOR GRANTING VARIANCES," was presented for the first reading, and read in full. Moved by Allen, seconded by Hat, each Councilman have a copy of this amendment for study. Car- ried, all the Council present voting aye. MAYOR HOLLINGSWORTH asked City Planner Stockman to give a brief resume of a speech she heard last Friday evening in regard to zone variances. 11/22/60 173 CITY PLANNER STOCKMAN reported she attended the atnUal meeting of the San Diego County Planning Congress and at that meeting there was a con- sultant from Los Angeles who gave a wonderful speeoh. It Was his belief every Planner, Councilman, and Planning Commissioner, is bound by duty to come up with what they want their cities to look like by 1980 or for the next generation. We should do our utmost to proVide the best city we can and to protect our resources. He said we have numerous resources here in San Diego County which Planning Commissioners and City Councilmen are ruining by granting variances and zone changes. If you want an attractive and beautiful city, protect your side yard setback, protect your residential, and protect your commercial and industrial area. It is only When the Planning Director is bold enough to put his plans on paper and the Commission adopt it as their guide, can you then come up with a City you are proud to present to your future generation, and it cannot be accomplished through the easy granting of variances and zone changes. ATTORNEY CURRAN stated at the last meeting there was referred to him the question whether or not a Civil Service employee could be granted a leave of absence for a period up to one year. Examination of the Civil Service Ordinance shows the Ordinance itself does not place any time limit on the length of a leave of absence. Therefore, any res- trictions would have to be by the Rules and Regulations which have been adopted, and it is important at this time to make it clear that the Rules and Regulations are adopted by the City Council, not the Civil Servioe Commission; that the Rules and Regulations can be changed at any time by the City Council; therefore, it is a question of policy as to whether or not the City Council desires to let a Civil Service employee take a leave of absence for a period as long as one year. Moved by Allen, seconded by Reid, we postpone the possibility of grant- ing this until the City Attorney has had an opportunity to study the Rules and Regulations and make a recommendation as to whether there is a rule at this time.that has been passed by the City Council that says we can, or cannot, grant this extension of time. Carried, all the Council present voting aye. ATTORNEY CURRAN stated regarding the desire to amend certain ordinances and resolutions to provide that members of advisory commissions of the City should lose their membership on such advisory commissions in the event the member were to miss four consecutive meetings, he finds and reports es follows: No. 1, with reference to establishing such a rule for the Library Board, the City Council is without any jurisdiction to establish any suoh rule. No. 2, with reference to the establishment of such a rule for the members of the Planning Commission, the City Council 11-22-60 174 by majority vote may remove a'member of the'P1anhing Commission at any time. With reference to the members of the'Park and Recreation Advi- sory Board and the Traffic Safety Committee there is no problem inas- much as these agencies are created by the City Council. The problem is one that would appear to require certain surveillance from time to time in order to be effective with reference to members of the Planning Commission it would require specific action on the part of the City Council. Attorney Curran said he therefore, would like to suggest it might be well for the Council to consider fixing a policy in this regard, by resolution, advising the secretaries of the various commis- sions as to the fixing of the policy and then prescribing a regulation that the secretaries of the various advisory commissions notify the City Council in the event any member has missed four meetings, at which time the City Council takes whatever action it deems appropriate in the matter. Moved by Allen, seconded by Hart, the recommendation of the City Attorney in regard to a resolution establishing policy and instructing the various secretaries of these advisory boards to report to the City Council when and if members miss four consecutive meetings, be approved. Carried, all the Council present voting aye. HEARING ON CLOSING OP 19TH STREET BETWEEN HOOVER AND ROOSEVELT AVENUE was held at this time. CITY CLERK ALSTON reported she received no written protests. E. H. ALSDORP, 2105 "J" Avenue, was present, oppos- ing the closing. CLINTON MATTHEWS, 4305 Vista Coronado Dr., Linwood Hills, was present, and approved the closing. Mr. Matthews stated he is President of the Bahia Vista Development Corporation that owns the property. CITY PLANNER STOCKMAN stated this is the north half of the Bahia Vista Industrial Center and the Commission has very thoroughly studied this entire area and have considered future closing of a num- ber of streets in this area. The plan of Mr. Matthews was presented to the Planning Commission and they recommended the closing, subject to the City Engineer preparing the legal description to delete the area included within the planned drainage facilities. The final draft was prepared by the Engineering Department deleting the drainage area. Moved by Allen, seconded by Morgan, the hearing be closed, Carried, all the Council present voting aye. Moved by Morgan, seconded by Reid, the closing of 19th Street, as recommended by the Planning Commission, be approved, and referred to the City Attorney for preparation of a resolution. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN stated some time ago the City authorized the acceptance of a deed from Master Machine. A legal description and deed has been prepared and the matter gone into with the owner, and apparently the arrangement oontempaated is that the City in turn will 11422-60 115 also give a quitclaim deed to the owner of some certain property, and there has never been any authorization for the quitclaim in return. The matter will require authorization to give the quitclaim deed as that is the consideration being given for the deed which is being ten- dered to the City. CITY MANAGER BIRD stated it has nothi1g to do with the triangle in front of the Master Machine property; it is along Tide- lands Avenue, there was a strip of land which was never returned to the City by the Navy in the original negotiations, and subsequently this particular piece of property was sold by the General Services Administration and Master Machine purchased it as it abutts their pro- perty, and looking at the legal description we find that it extends completely south along Tidelands Avenue in varying widths, beginning at zero at the point of the apex and widening out at the butt of the triangle to approximately 40 feet, thereby blocking us technically from access to our Tidelands on the west side. Master Machine Company has realized the situation and offered a deed for the parcel with the consideration they be deeded back a minor portion of the same property. It has taken a considerable length of time for the Engineering Depart- ment to work out these legal descriptions, and they are now all in good form, and the information has been submitted to the City Attorney to clear up this situation. Moved by Allen, seconded by Reid, the City Council authorize the necessary procedure in order to have a quitclaim drawn for this particular portion of property for Master Machine Corp. Carried, all the Council present voting aye. MARY M. COOLE, 2540 Norfolk Street, was present and stated she thought a resolution was to be presented at this meeting granting their zone variance. COUNCILMAN ALLEN stated he believed this was answered by the Attorney when he read the amendment to the ordinance. A motion was made to accept five variances that were in question provided the Council showed an intent to liberalize the ordinance, and the City Attorney previously read an amendment to Ordinance No. 962. ATTORNEY CURRAN stated the resolutions can be adopted immediately following the adoption of the amendment to the ordinance. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated she wished to inform the people asking for variances you must wait the legal length of time, and there is no way the City Attorney can do it any sooner than he does. C')PY OF COMMUNICATION FROM ACTING ENGINEER OF THE COUNTY BOUNDARY COM- MISSION addressed to the County Boundary Commission, was read, stating the description of the boundary of the proposed "Aardema Annexation" is definite and certain and approval thereof recommended subject to the completion of the Sweetwater Annexation No. 2 as approved by the Boundary Commission on February 23, 1960. 11-22-60 176 COMMUNICATION FROM THE METROPOLITAN WATER DISTRICT was presented, rela- tive to declaring the City's intention to pa, *portion of the water taxes. Moved by Allen, seconded by Hart} iae go on record as usual to pay fifty percent of the taxes, and it be referred to the City Attor- ney. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. CITY MANAGER BIRD reported the City of National City was awarded a certificate of achievement by the National Vehicle Safety Check for Communities, and he is in receipt of it, It was to be awarded to the Mayor, but it was accepted by the Chief of Police in the Mayor's absence. It was the City Manager's recommendation it be accepted and returned to the Police Department to place *long:side the other awards. Moved by Allen, seconded by Reid, the recommendation of the City Mana- ger in regard to the 1960 award be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER ROBERTS was read, recommending the Improve- ment of 8th Street from "L" Avenue to Sanitarium Avenue, be accepted and a Notiee of.Completion be filed. CITY MANAGER BIRD recommended the recommendation of the City Engineer be accepted and a resolution be prepared by the City Attorney. Moved by Morgan, seconded by Reid, the City Attorney be authorized to prepare a resolution accepting the work on 8th Street and a Notice of Completion be filed, Carried, all the Council present voting aye. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating that during the meeting of the Commission on November 15, 1960, a question arose concerning the employment of a person replacing Connie King dur- ing her illness. It was the concensus of opinion of the Civil Service Commission that the appointment of the employee in question is in con- travention of Rule,6, Paragraph 6.6 of the National City Civil Service Rules and Regulations, which stated "no temporary appointment shall exceed 90 days and no person may serve on one or more temporary appoint- ments for more than 90 days in any fiscal year." In this connection, the records on file show this employee has already served one 90 day temporary appointment during the fiscal year. Furthermore there are two eligibles on the eligibility list who are available for appoint- ment to this position. Moved by Allen, seconded by Hart, the corres- pondence be referred to the City Attorney for a report to us as to ,whether it is legal or illegal to hire this individual. Carried, all the Council present voting aye. COMMUNICATION PROM SUPT. PARKS & RECREATION GAUTEREAUX was read, requesting Felix Guidry, Maintenan.ce Man in the Park Department, be 11-22-60 17? granted extended sick leave without pay for the last 2i days of Novem- ber and the month of December, 1960. Moved by Allen, seconded by Hart, this be referred to the Attorney and perhaps to the Civil Service Com- mission in regard to Civil Service Rules as to whether it is legal. MAYOR HOLLINGSWORTH stated this request is for only a month and 2i days. VICE MAYOR HART withdrew his second to the motion, and Council- man alien withdrew his motion. Moved by Morgan, seconded by Reid, the recommendation of Supt. Parks & Recreation Gautereaux that Felix Guidry be granted the sick leave without pay, be approved. Carried, all the Council present voting aye. NOTICE OF U. S. ARMY ENGINEER CORPS, LOS ANGELES, relative to applica- tion made by the City of San Diego Harbor Department for dredging and fill adjacent to Lindbergh Field, was presented. There will be a hearing at 11:00 a.rn., Monday, December l9th. CITY MANAGER BIRD rec- ommended the notioelbe received and placed on file by the City Clerk. Moved by Reid, seconded by Morgan, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he has a matter regarding an overpayment by the State Compensation Insurance Fund in the amount of $287.86, and recommended the City Clerk be authorized to return this overpayment by drawing a warrant in favor of State Compensation Insurance Fund in the amount of $287.86. One of our safety members was hurt on the job and he went back to work on September 21st and State Compensation was notified of his return to work but the State Compensation continued to pay for four weeks and three days from September 21st to October 21st. Moved by Morgan, seconded by Reid, the City Clerk be authorized to draw a warrant in the amount of $287.86 in favor of State Compensation Insurance Fund. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating they are submitting specifications for the following positions for approval. These have been approved by City Engineer Roberts. Levelman; Assis- tant Civil Engineer; Associate Civil Engineer; Structural Engineer; Assistant City Engineer. COMMUNICATION FROM CITYY ENGINEER ROBERTS was read relative to the job specifications listed above, stating they are entirely satisfactory and approval of all is recommended. CITY MANA- GER BIRD recommended the job specifications be adopted and be made a part of the classification plan. Moved by Allen, seconded by Reid, the recommendation of the City Manager on acceptance of the recommenda- tion of the Civil Service Commission and the recommendation of the City Engineer in regard to certain job specifications in the Engineering Department be approved. Carried, all the Council present voting aye. 11-22-60 178 COMMUNICATION FROM FRANK LUCREL addressed to Mayor Hollingsworth was read, thanking the members of the Council, City Attorney, City Clerk, City Treasurer and City Manager for their letter of congratulations. COMMUNICATION FROM CITY LICENSE COLLECTOR KERR was read, regarding refund on Mission Pak Company's health permit. At the time this com- pany made application for a business license they were charged $10.00 for a health permit and later it was established a health permit is not required; therefore, a refund of $10.00 is due them. CITY MANAGER BIRD recommended the City Clerk be authorized to draw a warrant for $10.00 in favor of Mission Pak Company as a refund on the permit as recommended by the City License Collector. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to a refund to Mission Pak Company, be approved. Carried, by the following vote to wits Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. CLAIM OF RUTH DUNN, 137 West 12th Street, for damages against the City in the amount of $50.00, was read. Moved by Allen, seconded by Reid, the claim be referred to the Attorney. Carried, all the Council present voting aye. CITY MANAGEi"BIR 'stated we are at the point in the contract with the architect` designing' the fire station wherein it is now necessary -"for' Council to'authorize"the Manager to proceed under'the contract, There has-been•-subMitted the picture, and,.plans, and a. cost estimate. Mr. Bird, said the cost estimate- will` -run' in the neighborhood of $36,000.;00, Which is approximately.$10.19 a square foot. CITY MANAGER BIRD -stated the approximate.00st of equipment, if we, put equipment into it other tH :that;which-we have at the present time, will be in, the. neighbor..' hood of•$28,000.00 to $30,000;00'and to man the station will be a proximately $80,000:00 per year., CITY MANAGER=BIRD recommendedwe Proceed with. the.architect to complete the necessary drawings and',::' specifications in conformance with theoontract.:'We can terminate -if at the time they are made and the bids are not in conformity with the monies:which-we have :to expend, -We can at that time terminate, the agreement with the architect.as.lo supervision and building, or we can lay the project..a,side- until„ such,_ a; time as .we, can proceed with the,... necessary y Qn the job. Moved by_Allen, seconded by Reid, the recommendation of theCityManageer in regard to the fire station be approved. Carried, all the Council present voting aye. CITYMANAGERBIRD stated he._recei.ved a communication from the League of California Cities which cover%_the resolutions at the closing busi.» m .ess cession, of the Annual Deagup Conference, and also the resolutions which ..wee .favQrab1y acted. upon toy the Resolutions Committee... There 179 were six resolutions favorably acted upon and the balance of the reso- lutions were held over for further study. The communication will be placed on file with the City Clerk. CITY MANAGER BIRD stated the dedication of the second aqueduct at Otay is scheduled for December 1st at 10:30 a.m. CITY ENGINEER ROBERTS stated he received a communication from Gertrude Roberts, a resident on E. 8th Street, stating the driveway at their home, 2136 E. 8th Street, is O.K. again, thanks to the Engineering Dept. and V. E. Posey. CITY PLANNER STOCKMAN read a communication addressed to her from the County Boundary Commission stating at a regular meeting on November 15th, the Commission approved as definite and certain the boundary description of the proposed 0livewood annexation. CITY PLANNER STOCK- MAN recommended it be forwarded to the Planning Commission along with the other for final checking of the description of the entire area. Moved by Allen, seconded by Reid, the recommendation of the City Plan- ner be approved. Carried, all the Council present voting aye. ilbSOLUTION NO. 7835 was read, accepting the work done by V. E. Posey for the improvement of 8th Street from "L" Avenue to Sanitarium Avenue and authorized the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. Moved by Alien, seconded by Morgan, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:45 p.m. MAYOR, C T OP NAT ATTEST: CITY CLERK CALIFORNIA 11-22-60