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HomeMy WebLinkAbout1960 12-06 CC MIN180 National City, California, December 6, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Hart, Morgan, Reid, Hollingsworth. Counoil members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Cagle, Curran, Gautereaux, Kerr, 0sburn, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed by invocation by E. H. Alsdorf. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of November 22, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO, 7836 was read, "CITY OF NATIONAL CITY RESOLUTION RE METROPOLITAN WATER DISTRICT TAXES." Moved by Alien, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7837 was read, "RESOLUTION CLOSING A PORTION OF 19th STREET BETWEEN HOOVER AND ROOSEVELT AVENUE IN THE CITY OF NATIONAL CITY." Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7838 was read, RESOLUTION FIXING POLICY REGARDING ATTENDANCE BY MEMBERS OF NATIONAL CITY ADVISORY COMMISSIONS." Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the Ordinance changing the procedure for granting variances is ready for the second reading. Moved by Reid, seconded by Morgan, this be held over for a week, so the Council mem- bers can have a copy to study. Carried, all the Council present vot- ing aye. ATTORNEY CURRAN reported Erlanger, Reed, Dinner & Meyer have filed a certificate of insurance showing that Ets-Hokin & Gaivan has bodily injury and property damage insurance for a three year period, and recommended the certificate be filed. Moved. by Reid, seconded by Hart the certificate of insurance be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the League of California Cities has advised that the Board of Directors of the League huts taken action to support legislation at the next session of the California Legislature to amend the law so the method of filling vacancies in the office of an elective 12/6/60 181 mayor, and also the method for selecting a councilman in the event of a vacancy in the office of mayor will be clarified. ATTORNEY CURRAN reported the League of California Cities has sent a copy of the Fair Employment Practice Commission Rules and Regulations Governing Practice and Procedure before the State Fair Employment Prac- tice Commission. These rules which have previously been received were referred to the Civil Service Commission. After perusing the rules and regulations it appears that at least one of the present rules is in violation of the Commission's rules. It is therefore, the recommen- dation of the City Attorney this communication be forwarded by the Council to the Civil Service Commission, and the Commission be asked to examine, not only the rules, but also its practices and procedures, particularly its forms of application for employment so the Council may be advised wherein the practices in the Civil Service operations in National City do not conform with the FEPC's rules and regulations, Moved by Allen, seconded by Hart, the recommendation of the City Attor- ney in regard to forwarding the question to the Civil Service Commis- sion and having them give us an answer in regard to their rules, be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated previously the City hired a person who was not a citizen and we had difficulty getting the money back paid him, which is against the law of the State of California; however, the FEPC says we cannot ask a person where they were born or what their nationality is; and and asked which rules we are going to follow. ATTORNEY CURRAN stated that is the reason the League of California Cities in several of its meetings placed this topic on its agenda. The answer is these rules and regulations apply only to inquiries that are made prior to the time the employment commences, and once it is understood after a per- son has been employed any of these requirements are proper, as far as any conflict we really do not have a conflict. The objection which has been voiced has not been as a matter of law but has been as a mat- ter of practical operation. The thing that is attempted to be pre- vented by the FEPC is discrimination; if there is no discrimination, then you have quite a different situation than where you have a situa- tion Which has existed over a long period of time where there has been discrimination and up to the present time there has been no law against it. This would not prevent the establishment of facts immediately upon being placed on the payroll as to whether or not a person was an alien and, therefore, not eligible, and as soon as that was determined the person is not going to be working because he cannot be paid. HEARING ON SWEETWATER ANNEXATION UNIT #2, ws.s held at this time. CITY CLERK ALSTON stated she received no written protests; however, she had 12/6/60 182 a communication addressed to the City Plattner from M. LYBARGER, Presi- dent of SUPPLY ENTERPRISES, INC., was read, relative to zoning. Moved by Allen, this communication be referred to Planning. Motion died for lack of a second. Moved by .Allen, seconded by Morgan, this be referred to the City Planner to be taken up with the Planning Commission, When, and if, the annexation is approved. Carried, all the Council present voting aye. Moved by Allen, seconded by Morgan, the hearing be closed and referred to the Attorney for the procedure on annexation. Carried, all the Council present voting aye. HEARING ON SWEETWATER HEIGHTS ANNEXATION was held at this time. COMMU- NICATION FROM ALDERINO AND ANITA BERNARDINI, 3145 Sweetwater Road, was read, protesting the proposed annexation. Moved by Hart, seconded by Morgan, the hearing be closed and referred to the City Attorney for the procedure on annexation. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH made reference to the PEW rules and asked if the City went through the process of hiring a policeman or fireman and there are certain ages set up for them, and you cannot ask for the birth certificate, would this apply to them after you have gone through the physical tests and paid for a physical examination and you ask for a birth certificate and find they are not qualified. ATTORNEY CURRAN stated it is true the rules prevent requesting a birth certificate prior to appointment, it does not prevent you to ask the applicant whether or not he meets the qualifications, and if he certifies that he does, then you can process it on that basis. Motion carried, all the Council present voting aye. ATTORNEY CURRAN stated sometime ago there was referred to the City Attorney, City Manager and City Planner the job of checking Chula Vistas proposed annexation which is competing in certain respects with the Sweetwater Heights. In view of the plans for incorporation of a new City in that area and the other problems, Attorney Curran stated he wondered if the Council desired any further report from any of the three officers. Moved by Allen, seconded by Reid, the instruction given the City Attorney be considered as completed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to the claim dated November 10, 1960, by Blaydes et al, regarding damage on E. 8th Street as a result of improvement of the street, it appears there is no legal claim againa4 the City, and recommended the claim be denied. Moved by Hart, seconded. by Reid, the recommendation of the City Attorney be approved, and the claim denied. Carried, all the Council present voting aye. 12/6/60 .83 ATTORNEY CURRAN reported the City Clerk has been served with a copy of the Summons and Complaint entitled United States National Bank of San Diego against San Diego County and City of National City. This is the result of payment of the U. S. National Bank under portest of taxes on an assessment of safety deposit boxes. The question of taxation of bank property of this kind has been in litigation for fifteen years or more in various aspects. The amount of money involved here is nominal, the U. S. National Bank obviously desires to preserve its position as a matter of principal, and it is the intention of the City Attorney to confer with the County Counsel with reference to this litigation. ATTORNEY CURRAN stated with reference to the communication from the Civil Service Commission regarding the replacing of an employee who had been granted sick leave, he has examined the Civil Service rules and finds that in his opinion the rules and regulations as now brought out provide that in the event there is a permanent vacancy, then the vacancy must be filled by appointment from the Civil Service list. However, in a situation where there is actually no vacancy, but because of illness, it is indicated there is no appointment to be made and it is simply a matter of filling the spot while the sick employee recovers, and that as soon as the sick employee recovers he or she is immediately entitled to return to his or her job. In the event there is sufficient question about this it might be well for the matter to be added to the things which should be considered in the necessary revisions which are going to come about as a result of the matters previously reported. Moved by Hart, seconded by Reid, the recommendation of the City Attor- ney be approved in regard to the matter of this vacancy. COUNCILMAN ALLEN stated he believed the question was whether or not a person who had served a 90 day temporary appointment can be reappointed to another temporary appointment. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there is another question regarding Civil Ser- vice rules, and that is whether or not it is possible to grant leave of absence for a one year period. Examination of the rules indicates there is no prohibition against the City Council granting leave for a one year period. Moved by Allen, seconded by Hart, this particular employee, if the City Engineer will, name the employee, be granted a year's sick leave without pay. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH presented Asst. Chief Simms, retired from the Fire Department, a pin and certificate for thirty years of service in the City. PAUL PLUSS, 2945 Baker Place, was present, and stated he was not sure if his property is involved in one of the annexations on which the 12/6/60 184 hearings were held today, and if it is he would like to protest. CITY PLANNER STOCKMAN stated his property is included. MAYOR HOLLINGSWORTH stated the hearing has been closed, it is too late to protest. However, it will be necessary to hold an election at which time Mr. Pluss may cast his vote. JULIAN R. MARIN, Chairman, Civil Rights Community Service Organization, was present protesting police action taken on November 18, 1960, against Angel Sanchez and Mario L. Sanchez, residing at 1805 Cleveland Avenue. COMMUNICATION FROM SAN DIEGO COUNTY COMMUNITY SERVICE ORGANI- ZATION LOCAL CHAPTER was read, stating this letter is written in the interest of Angel Sanchez, Mario L. Sanchez, Elvira Hernandez, Modesto Hernandez. COMMUNICATION FROM COMMUNITY SERVICE ORGJJIZATION, INC., NATIONAL HEADQUARTERS, Los Angeles, was read, and petition the Council's assistance on behalf of complaint which will be presented at the Coun- cil meeting of December 6th. CITY MANAGER BIRD stated in connection with these allegations when they were received in his office, he requested reports from the Police Department and they have been sub- mitted and set forth what happened, why it happened, etc. There is a report from F. Geerdes, Badge #26 and a report from R. L. West, Badge #15 in regard to this incident. POLICE CHIEF CAGLE was present and read the report turned in by Officer Geerdes, Badge #26. CHIEF CAGLE stated there are other reports similar to the one just read. The reports gave a complete report of the entire incident. The arrest was made on the charge of driving a vehiole at night with no lights. Sev- eral people have the mistaken idea if they commit a misdemeanor they can get out of their vehicle , go into the house and lock the door and the Officer cannot follow them. By the laws of arrest in California, if the officers observe a misdemeanor committed they can follow the subject wherever they have to; if these two boys went into the house, the officer could have gone up to the door and knocked and if they refused to admit him and the officer told them viiho he was and if nec- essary he could knock the door down to accomplish the arrest. Chief Cagle said he believed the officers were well justified in the action taken, and he can see no discredit upon the officers or the National City Police Department. Moved by Allen, seconded by Hart, that the Organization and the parent Organization that have addressed correspon- dence to us that we answer it with the report as given by the Officers on the incident so that it will be clarified that the Police Department of the City of National City is not taking unfair advantage of people, and that the Officers can arrest people on their own property when a crime has been committed on the City's streets, and if necessary, the Officers could go in the house after the person who committed the crime. Carried, all the Council present voting aye. 12/6/60 185 MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and read two excerpts from the San Diego Union regarding destruction of parks in various cities. MAYOR HOLLINGSWORTH stated if the State Highway takes part of E1 Toyon Park we will have a compensating number of acres to replace it, so we will not be losing any land. Moved by Allen, sec- onded by Hart, we refer it to the City Attorney to see if it is legal to amend Resolution No. 6902 to change the legal description to read the newly designated portion of El Toyon Park and delete that portion of the legal description that will be taken up by the Freeway; and also to incorporate in this Resolution paragraph No. 3 of Resolution 6159 which was inadvertently left out of this. CITY MANAGER BIRD stated he has a report on the request from the State Division of High- ways which he will present in his report. Councilman Allen, with the approval of Vice Mayor Hart, withdrew their motion. Moved by Allen, seconded by Hart, that Ordinance No. 884, Section 16, be amended to change the penalty of $1.00 on delinquent license fees for dogs or cats to double of the regular license fee, and be referred to the City Attorney to prepare the amendment. Motion lost, by the following vote to -wit: Ayes: Allen, Hart. Nays; Morgan, Reid, Hollingsworth. COUNCILMAN MORGAN inquired if a traffic count is being taken in front of the Boys' Club and if the need for a light in the front of the Club is being oonsidered. CITY MANAGER BIRD stated he cannot answer the question at this time but will get the answer for Councilman Morgan. Moved by Allen, we refer to the Traffic Safety Committee and City Manager to check to see if the lighting in front of the Boys' Club is sufficient. Motion died for lack of a second. CITY MANAGER BIRD stated we have ordered two new counting machines so we can get an accurate count and are expected within the next 20 or 30 days, and we will then be able to make a proper traffic count. On the matter of lights, we are getting requests for lights, and he has contracts for lights which have been authorized and he has not signed them and returned them to the Company for the reason he does not have suffici- ent money in the Lighting Fund to carry these additional lights; and when there is sufficient money in the fund he will sign the contracts and inform the Council of his action. BILLS AUDITED BY THE FINANCE COMMITTEE General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Gas Tax Fund Special Street Fund Payroll Pt:id TOTAL presented: _4 26,952.'1 6,401.64 754.43 13,630.90 942.. 91 124.25 247.52 104,226.47 C1:53102"0.4.. 186 Moved by Hart, seconded by Morgan, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to - wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. RESOLUTION NO. 7839 was read, authorizing the following expenditures from the Capital Outlay Fund: City Motors, $3,806.40 for two four door Falcon Sedans for Fire Department; Motorola Communications & Electronics, $826.80 for 1 Mobile TR & Ace. Group for Fire Department; National City Sign Co., $32.00 for gold sign writing on two new Fire Department ears. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON reported the following bids were opened December 5th en the Coolidge Avenue Sewer: L. CASTILLO, Vista, $22,192.40; L. B. BUTTERFIELD, San Diego, $13,895.00. The Engineer's estimate was $16,900. CITY CLERK ALSTON stated she was served with the summons of the United States National Bank against the County of San Diego and the City of National City regarding claim for refund on taxes on safety deposit boxes. Moved by Allen, seconded by Reid, the summons be referred to the City Attorney. Carried, all the Council present voting aye. COMMUNICATION FROM J. DEKEMA, DISTRICT ENGINEER, DIVISION OF HIGHWAYS, was read, stating Freeway 241 will require the acquisition by the State of the west portion of El Toyon Park. It appears feasible to effect an exchange of properties whereby the City would acquire equivalent acreage east of the present park. Provided a settlement agreeable to all parties can be reached in the next few weeks, they are desirous of knowing if there is any possibility of other delays before the neces- sary papers can be executed. CITY MANAGER BIRD stated the State of California wants 16.6 acres and have the State Highway Division go through their Acquisition Department for a like amount of area and to have a meeting of minds whereby a trade agreeable to all can be exe- cuted. CITY MANAGER BIRD recommended the document from the Division of Highways be referred to the Finance Committee and the legal part of it referred to the City Attorney for a report. Moved by Morgan, sec- onded by Hart, the recommendation of the City Manager be approved. COUNCILMAN ALLEN stated Resolution 6159, Paragraph 3, definitely states that none of the property in the park that is governed by Resolution 6159 can be transferred at all in any respect without a vote of the people; however, in Resolution 6902 which covers El Toyon Park, it does not have a paragraph which states it cannot be transferred without a vote of the people, and the thing which involves us, could we, by deleting the legal description of the property they need and adding the same amount of property by changing the legal description, and amend the motion that it should call for the vote of the people. 12/6/60 187 Councilman Morgan, with the approval of Vice Mayor Hart, amended their motion to include the statement made by Councilman Allen. Carried, all the Council present voting aye. COMMUNICATION FROM WHITE SANDS CONSTRUCTION COMPANY was read, request- ing refund of $259.00 for a sewer bond deposited by them on May 2, 1960. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS was read, relative to the request of White Sands Construction Company, stating it is the opinion of the Building Department the White Sands Construction Company has confused the sewer service connection fees with a sewer bond. It also appears they have combined the original $14.00 building permit fee with the $245.00 sewer permit charges to arrive at the stated $259.00 refund request. Expired building permit fees are not refundable, and recom- mended the request be denied. CITY MANAGER BIRD recommended communica- tion be held with White Sands Construction Company whereby they can make a proper request for a refund of a sewer fee only, which is refund- able by action of the City Council. There has been no sewer connection put in and the refund of $245.00 is proper. Moved by Hart, seconded by Reid, the recommendation of the City Manager be approved, that White Sands Construction Company make the proper request. Carried, all the Council present voting aye. REQUEST OF R. E. KRTEK for refund of 425.00 deposit was presented. REPORT FROM CITY ENGINEER ROBERTS was read, stating the deposit was. required in lieu of bond for the construction of an oversized driveway, and the work has been done to the satisfaction of the Engineering Dept. and the return of the $25.00 deposit is in order. CITY MANAGER BIRD recommended the proper officials be authorized to make the necessary $25.00 refund to R. B. Krtek. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regards to a refund to R. B. Krtek be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM PACIFIC OUTDOOR ADVERTISING CO. was read, stating on October l9th they requested permission to do preventive maintenance on three of their advertising structures along Montgomery Freeway and per- mission was granted by the City. However, they overlooked a fourth struoture on the west side of the freeway near the southern boundary of the city limits, and are asking for the required permit to refurbish this sign also. Moved by Allen, seconded by Hart, it be referred to the Planning Commission. CITY PLANNER STOCKMAN stated she recommended they submit the request to the Council for consideration; it just requires a four -fifth vote of the Council. Councilman Allen, with the approval of Vice Mayor Hart, withdrew their motion. Moved by Allen, seconded by Morgan, permission be granted to refurbish the fourth struc- ture. Carried, all the Council present voting aye. 12/6/60 188 COMMUNICATION FROM ROBERT C. HILL, Ambassador, Imerioan Embassy, Mexico, addressed to the Mayor, was read, expressing his sincere thanks for the generous cooperation and friendship that she and the citizens of National City have exhibited during his term as Ambassador. COMMUNICATION ADDRESSED TO MAYOR HOLLINGSWORTH FROM BOB WILSON, Member of Congress, was read, asking her to express to her colleagues his sincere appreciation for their joint thoughtfulness in congratulating him on his re-election. COMMUNICATION .r'EOM SAN DIEGO GAS & ELECTRIC COMPANY was read, regarding request of the San Diego and Arizona Eastern Railway Company for the vacation of an alley located in Block 233, City Plat. The San Diego Gas & Electric Company maintains and operates electric power pole line facilities within a portion of the area proposed vacated; therefore, they must enter a protest to the vacation until easements providing for the existing facilities can be written and successfully negotiated. CITY MANAGER BIRD recommended the communication be referred to the Planning Department. Moved by Allen, seconded by Hart, the recommen- dation of the City Manager in regard to the request of the utility company be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMI SIGN was read, stating the Commission on November 29th approved as definite amd certain the boun- dary description of the proposed "Aardema Annexation" to the City of National City, subject to the completion of Sweetwater Annexation No.2. It was the recommendation of the City Manager it be referred to the proper officials for holding until such a time as progress can be made on the annexation. Moved by Allen, seconded by Reid, the recommenda- tion of the City Manager in regard to the report of the County Boundax'y Commission be approved. Carried, all the Council present voting aye. COMMUNICATION .FROM BOARD OF ADMINISTRATION, STATE i;MPLOYEES' RETII3MENT SYSTEM was read stating the Board of Administration will hold its next meeting on Friday, December 9th, in Sacramento. There was attached to this communication of notice the things which will be taken up and also setting forth four opinions of the Attorney General. of the State. CITY MANAGERBIRD recommended the communication be received and placed on file. Moved by Hart, seconded by Reid, the communication be received and placed on file, as recommended. Carried, all the Council present voting aye. COMMUNICATION FROM JOSEPH RINDONE, DISTRICT SUPT., SWEETWAT;R UNION HIGH SCHOOL DISTRICT, was read, stating the Board of Trustees glassed a resolution of appreciation for all those who worked for the formation 12/6/60 189 of a Junior College District; a copy of the resolution was enclosed. CITY MANAGER BIRD recommended it be received and placed on file by the City Clerk. Moved by Morgan, seconded by Allen, the City Manager's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COPY OF COMMUNICATION FROM CHARLES F. HARBISON, addressed to A. F. Poulter, California Water and Telephone Company, was read, stating he received a letter from his company thanking the people of National, City for voting down proposition "N" in the recent election, and that the company should not take the "no" vote of the people of National City as meaning they approve of the high rates they have to pay for the service given them; and he thinks eventually the water service should be City owned and operated. REPORT FROM CITY ENGINEER ROBERTS was read relative to petition for 1911 Act Improvement of 17th Street between Lanoitan and Rachael Avenues. The petition has been signed by property owners of only 51.11 percent of the area of the property proposed to be assessed for the improvement and only 47.17 percent of the frontage affected. Petitions for improvement under the 1911 Act should be signed by 60 percent or more of the property owners concerned; therefore, it was recommended the petition be rejected, and suggested the petition be returned to the initiator for additional signatures. CITY MANAGER BIRD recommended that the recommendation of the City Engineer be carried out. Moved by Morgan, seconded by Hart, the recommendation of the City Engineer be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER ROBERTS relative to bids received for Coolidge Avenue Sewer South of 24th Street, was read, recommending the contract for the work be awarded to L. B. Butterfield, Inc, as low bidder. City Manager Bird recommended the Council accept the bid of L. B. Butterfield, Inc. in the amount of $13,895 and the City Attorney be authorized to prepare the necessary resolution. Moved by Morgan, sec- onded by Hart, the recommendation of the City Manager in regard to accepting the bid of L. B. Butterfield, Inc. be approved, and the Attorney be authorized to prepare the resolution of acceptance. Car- ried, all the Council present voting aye. COMMUNICATION PROM MUELLER TRUCK COMPANY was read, stating they desire to conduct operations as a warehouseman in National City, utilizing 40,000 square feet of storage space. The Mueller Truck Company is moving its terminal facilities and warehouse operations from San Diego to National City. They propose, subject to the granting of the neces- sary authority by the Public Utilities Commission, to provide facilities 12/6/60 190 as a public warehouseman in National City. They are asking the City of National City to support their application before the Public Utili- ties Commission by appointing someone to appear either Wednesday or Thursday, the 7th & 8th of December as a witness in their favor. Moved by Allen, seconded by Reid, the Oity Manager himself, or his nominee be ordered to attend the meeting. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM ALFRED J. FESSMAN was read, stating attached is a grant deed to the City, granting a portion of land described in the quitclaim deed United States of America to Alfred J. Fessman. The deed is offered in return the City will authorize and execute a quit- claim deed to relinquish its interest in a certain parcel of land. CITY MANAGER BIRD recommended it be referred to the City Attorney to prepare the necessary resolution to accomplish this transfer of prop- erty which has been described by the City Engineering Department. Moved by Allen, seconded by Reid, the recommendation of the City Mana- ger referring the instruments to the City Attorney for a resolution in regard to transfer of City property with Mr. Fessman and vice versa. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in the matter of overtime accumulated by the Police Department, which was discussed and which he requested an opinion of the Oity Attorney in his letter of November 17th, and stated the case, which specifically is this: There has been allowed to accrue overtime in the total amount of 4887.31 hours beginning eight or ten years ago without official notification to the City Manager or Council. The letter further stated he holds that the City under the above rule is not liable because there is under the above stated rule compensa- tion provided, Whether an error of the department. head or not, a default exists; further a payment for indebtedness incurred in the previous fisoal period, in absence of a contract cannot be paid from current fiscal period funds. The first question to the City Attorney was: Can the City legally pay these claims? The answer to that ques- tion in a memo to the City Manager from the City .attorney, dated Dec- ember 2, 1960, is: "The City cannot pay any claim for overtime except for that which accrued during the immediate preceeding full pay period." The second question to the City Attorney was: The City Council wants to change Rule 10.5 of Civil Service Rules and Regulations to "Such compensating time off to be taken before 60 days after the next full pay period." Can this be done without the recommendation of the Civil Service Commission? If not, can a resolution by Council submitted to the Civil Service Commission for their approval and same had, be adopted? If so, would these claims now existing gain any legal stature? 12/6/60 191 The answer of the City Attorney is: "Any Civil Service rule and regu- lation may be changed by the City Council without the recommendation of the Civil Service Commission. A change in the existing rules could not operate to permit the payment of overtime which has already accrued." CITY MANAGER BIRD stated in view of the opinion of the City Attorney, he would recommend the City Manager be authorized to notify all depart- ment heads of the opinion and to point out to themth4 Rule 10.5 as it now exists provides for compensating time off or by direct payment, with the approval of the City Council, if the same is done within the text of that rule as it now exists. The second recommendation of the City Manager, following the Attorney's opinion, is: To prohibit any such a thing as this occuring again, the City Council authorize a charge of Rule 10.5 so that the same can be actually worked adminis- tratively; that is to change that period of time to 60 days, and also to prohibit the accrual of more than 30 hours overtime at any time. Moved by Allen, seconded by Hart, the recommendation of the City Mana- ger upon the opinion of the City Attorney in regard to the overtime situation and the change of Rules of the Civil Service Commission be approved. MAYOR HOLLINGSWORTH questioned the overtime put in during the time of the Mary Lou Olson case. CITY MANAGER BIRD said this has been discussed with department heads, on the ordinary situation which exists, not such --as the Olson case, there is provision for compensa- tion to be paid in compensating time or in actual cash money at straight time rate, subject to the approval of the City Council. This limitation of 30 hours was for the express purpose of putting depart- ment heads on record to the extent they would not allow such a thing to occur over and beyond 30 hours because they can always come before Council through the Manager's office, where the exception might be called upon. Carried, all the Council present voting aye. COMMUNICATION FROM PARK AND RECREATION ADVISORY BOARD was read, regard- ing recommendations on the Casa de Salud building and activities. It is the opinion of the Board a community center program is needed in the area presently served by the Casa; and in view of the facts con- cerning the structural stability of the building, it is their opinion that continued use as a public assembly building constitutes a viola- tion of the Uniform Building Code. It appears there is a need for a new building, and the Park and Recreation Advisory Board is now engaged in the study of plans for a new facility and will submit recommenda- tions at a later date. If the structural conditions of the Casa are deemed hazardous to public welfare and safety, then it should be closed until the safety and welfare of our citizens is assured. It is further recommended the Supt. of Parks and Recreation be instructed to house 12/6/60 192 facilities for serving the citizens using the Casa in temporary quar- ters if the Council members find it necessary to close the present Casa facilities. These temporary quarters to be in use during the time required to bring the Casa facilities up to acceptable standards. Moved by Hart, this be referred to the Finance Committee. CITY IANb.- GER BIRD stated he has the total reports from the Park and Recreation Supt. and also from the Chief Building Inspector; and this is the first time a report has come in where in the last paragraph, particu- larly of the Building Inspector, which stated in view of the facts con- cerning the structural facilities of the Casa de Salud building and the deficiency of minimum fire protection and health and safety stan- dards, it is the opinion of this office continued use as a public assembly building constitutes a violation of Section 203 of the Uni- form Building Code. Motion seconded by Morgan. Carried, all the Council present voting aye. COMMUNICATION FH0M THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY was read, relative to documents covering trackage agreement between the Atchison, Topeka & Santa Fe Railway Company, the City of National City, and also third party agreements with National Lumber Company and John Hancock Investment Company, covering trackage that serves Tide- lands leases. They request they be advised what objections there are to a trackage agreement covering the subject property and what speci- fic clauses are not appropriate for the National City agreement. CITY MANAGER BIRD recommended this be referred to the City Attorney. Moved by Hart, seconded by Reid, the recommendation of the City Manager that this be referred to the City Attorney be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated there has been a study made with reference to the matter of Orange Street between 14th and 16th Streets which was referred to the City Manager and City Engineer for a report. The Planning Commission recommended oertain prohibitions and also recom- mended the deeds for these proposed dedications for what is known as Orange Street, and also a portion of 14th Street, be accepted, but there was a condition placed, the street wan to- be graded and these people enter into a contract with the City of National City for such grading. It is the recommendation of the City Engineer and the City Manager that the condition for grading be entered into a contract with the City and as a contingent subject for the acceptance of these deeds be waived. It is their recommendation the City accepts these deeds, and it is based upon this reasoning: that the one house the party wishes to build will require the putting in of sidewalks and curb; therefore, he will have to grade the street; and that all of the other 12/6/60 193 development on said street, after acceptance by the City, will be done by a properly filed subdivision map. They will file a definite sub- division map after they build the first house. Moved by Allen, sec- onded by Hart, the recommendation of the City Manager in regard to the Anderson property on Orange Street be accepted and referred to the Attorney for a resolution, and that the restrictions they impose on themselves in thoir be adhered to; in other words that they build only one house, and file a subdivision map. Carried, all the Council pres- ent voting aye. DON KIRSCHNER, Chula Vista, was present and stated they oould not build more than one house irregardless of any restric- tions. CITY MANAGER BIRD stated in regard to Orange Avenue south of 16th Street, known as the Simmons -Moore property wherein the Planning Com- mission recommended easements to be granted plus other stipulations, this matter was referred to the City Manager and City Engineer for a report, and it is their recommendation that the City Engineer be auth- orized to prepare the legal description of an easement for public pur- poses over that 30 feet to the City of National City, and that it be accepted when presented. Moved by Morgan, seconded by Hart, the reoom- mendation of the City Manager on the Simmons -Moore property be approved. Carried, all the Council present voting aye. NOTICE FROM ARMY ENGINEERS regarding application made by the District Public Works Officer, Eleventh Naval District, for permit to construct a wharf and pier, and place hydraulic fill in San Diego Bay near Bal- last Point, was presented, and it was the recommendation of the City Manager it be received and placed on file by the City Clerk. Moved by Morgan, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM JAMES R. MILLS, Assemblyman, was read, thanking the Council for their greetings of November 14th. RESOLUTION NO. 7840 was read, authorizing the following transfers to be made: from SPECIAL STREET to GENERAL FUND, $202.24, for expendi- tures made for removal of trees on 8th Street at Sanitarium; from HAR- BOR to TRAFFIC SAFETY FUND, $4,150.10, for work on Tidelands Avenue during the month of October, 1960. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council presOnt voting aye. COMMUNICATION FROM JOE M. HALL, Chairman, National City Marc& of Dimes, was read, requesting permission to conduct their Ninth Annual Nf4rch of Dimes Parade on Sunday, January 15, 1961. It was requested that National Avenue be blocked to thru traffic and also that a reviewing stand be constructed at llth and National Avenue. An invitation was 12/6/60 194 extended for the Mayor, Council members and wives, and City Manager and Mrs. Bird to ride in the parade. It was the recommendation of the City Manager the request be granted, and that the proper departments, which would be the Police Dept., and Park Dept. take the necessary steps to do what is requested in the letter. Moved by Hart, seconded by Morgan, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported the Ramm Subdivision Annexation and deannexa- tion from the City of San Diego has moved along to a point where he would now like to have authorization for the City Manager to meet and discuss with the City Manager of San Diego this particular situation. Moved by Morgan, seconded by Allen, the request of the City Manager regarding Ramm's Subdivision being deannexed from San Diego and annexed to National City be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported last week the City Attorney and himself met with the Attorneys of the City of San Diego in the City Manager's off- ice at San Diego, sad the proposed sewer contract was discussed and National City's participation in same for the interceptor sewer. Mr. Bird requested authorization for the City Attorney to contact the head Attorney, Mr. Beebe, of O'Melveny & Myers in Los Angeles, as there are several things in the contract which we wish to have clarified further before making a recommendation to the Council. Moved by Morgan, sec- onded by Hart, the recommendation of the City Manager that the City Attorney be authorized to contact Mr. Beebe in Los Angeles relative to the sewer contract be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication from The Independent of Resolution No. 7832 regarding hearing on "Sweetwater Heights Annexation." Moved by Reid, seconded by Allen, the Affidavit be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she has a copy of the proposed new By -Laws for the County Division of the League of California Cities. These were read to the membership at the meeting in Del Mar, Norember 18th, and will be voted on at their meeting January 20, which will be held in Escondido, and will be on file in the City Clerk's office. CITY PLANNER STOCKMAN stated sometime ago the 0ity Planning Commission and City Council accepted a grant deed far a portion of the west half of Palm Avenue south of 8th Street. During the processing of the deed there was a transfer of the property from the present owner to Richard Haas and no acknowledgment was made of the dedioation to the City and 12/6/60 195 the deed was not recorded in time; Mrs. Stockman said she now has the grant deed signed by Richard Haas for this portion of the street, and recommended it be accepted and referred to the City Attorney for pre- paration of the resolution of acceptance. Moved by Allen, seconded by Reid, the recommendation of the City Planner in regard to deed from Mr. Haas being referred to the City Attorney be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7841 was read, accepting the bid of L. B. Butterfield in the amount of $13,895.00 for the Coolidge Avenue Sewer South of 24th Street, and the Mayor is authorized and directed to execute the con- tract for said project. Moved by Hart, seconded by Allen, the Resolu- tion be adopted. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated several items have been referred to the Finance Committee but there is only one item she desires to take up today, and that is in regard to the State Highway in E1 Toyon Park, and requested the Council member to attend the meeting of the Finance Committee immediately follaaing the close of the Council meeting. Moved by Reid, seconded by Morgan, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4;23 p.m. ATTEST: / CITY CLERK 12/6/60