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HomeMy WebLinkAbout1960 12-13 CC MIN196 National City, California, December 13, 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. Council members absent: 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 Park Supt, Gautereaux. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of December 6, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7842 was read, accepting a Grant Deed from Alfred Jo and Florence D. Fessman. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Ccunoil present voting aye. RESOLUTION NO. 7843 was read, authorizing conveyance of real property to Alfred J. Fessman, and the Mayor and City Clerk are authorized and direoted to execute the Quitclaim Deed for and on behalf of City of National City. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION PTO. 7844 was read, accepting a Grant Deed from Henry W. Rhodes, and Herbert A. and Hazel M. Anderson. Moved by Hart, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7845 was read, accepting a Grant Deed from Riohard G. Haas. Move4 by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE Nt�` , amending Ordinance No. 962, was prevented for the second and final reading. Upon motion of Hart, seconded by Morgan, further reading of the Ordinance was waived. The motion was adopted by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen, ORDINANCE NO. 981, "AN ORDINANCE AMENDING NATIONAL CITY ORDINANCE NO. 962 BY CHANGING THE PROCEDURE FOR GRANTING VARIANCES." Moved by Hart, seconded by Reid, the Ordinance be adopted.. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. ATTORNEY CURRAN stated in regard to the inquiry from the Division of Highways with reference to securing a settlement agreeable to both the Division of Highways and the City of National City regarding the acqui- sition by the Division of Highways of a portion of the West end of El 12/13/60 L97 Toyon Park has been considered by him as to the legality. The City Attorney finds that as a matter of law it is possible for the City of National City and the Division of Highways to come to an agreement on this matter so that it will not be necessary if the proper procedure is adopted to submit the matter to a general election of the people. In that connection, Res. Nose 6902 has been examined and the possibility of amending that Resolution has been considered and the City Attorney feels it will not be necessary to do so. The City Manager and City Attorney both should be authorized to confer further with the Div. of Highways Engineer and the Chief Right of Way Agent in order to set up the procedure for this matter and when it is ready it will be brought before the Council. Moved by Allen, seconded by Morgan, the recommen- dation of the City Attorney in regard to both he and the City Manager getting together with the Division Supt. of Highways and the Engineer- ing Department of the Division of Highways to bring it to a head and bring it to us, be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated with reference to amending Ordinance 884, Sec- tion 16 to change the penalty of $1.00 on delinquent licenses for dog:: and cats; examination of the Ordinance indicates that the fee present'» provides for the maximum which as a matter of law can be charged for dogs; therefore, the City Attorney has not drawn any ordinance. COUN- OILMAN ALLEN stated the motion calling for the amendment was defeated at the last meeting, so amendment is not necessary. ATTORNEY CURRAN stated the League of California Cities at the next meeting of the Board of Directors will consider the subject of annexa- tion and proposed bills to be submitted at the next session of the Legislature regarding amendments to the annexation law. Prom time to time we will hear from the League regarding these proposals, and per- haps the City at sometime may want to oppose some of the proposed legislation. MRS. ROB RT RICHARDS, 1411 E. l6th Street, was present, and asked if oats have to wear their license tags like dogs do. Mrs. Richards was informed the ordinance does not so state, the only requirement is that the owner purchase a license for his cat. COUNCILMAN MORGAN asked when the resolutions regarding the granting of special zone variances would be read. ATTORNEY CURRAN stated they will be presented for adoption later in the meeting. Moved by Alien, seconded by Hart, a letter oe thanks be sent to the Kiwanis Club for inviting us to their luncheon. Carried, all the Council present voting aye. 12/13/60 198 COUNCILMAN ALIEN stated he received a letter from the San Diego Indus- trial Development Council, Inc. and this month the dinner will be at Lew's Steak House, 1441 Highland Avenue, December22nd. The meeting is for discussion on a unified Port Authority to develop the San Diego Bay area. Mr. Alien said he would like to have the authority to attend the meeting and thought all members of the Council who possibly could attend should do so; also the City Manager andthe City Planner. VICE MAYOR HART said he did not think it was necessary to have authorization to attend, anyone who so wished could attend the meeting and dinner. Moved by Hart, seconded by Allen, the matter of building a new City Hall be referred to the Finance Committee to find out how it could be done and decide on the location, etc. Mr. Hart said he would like all members of the Council to be present. MAYOR HOLLINGS1JORTH, Chairman of the Finance Committee, stated she would like a meeting of the Com- mittee immediately following the close of the Council meeting. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated he received a personal invitation to invite all of the City Council to attend the meeting of the San Diego Indus- trial Development Council, Inc. on Thursday evening, December 22nd, at Lew's Steak House, and that reservations for the dinner should be made. The dinner will be at 7:00 p.m. COMMUNICATION FROM CITY TREASURER IC RR was read, requesting an extended leave of absence without pay for Mrs. Connie King, said leave be extended until December 30th. CITY MANAGER BIRD recommended the request be granted. Moved by Hart, seconded by Morgan, the request for exten- sion of time until December 30th be granted. Carried, all the Council present voting aye. COMMUNICATION FROM FRED A. JOHNSON was read, requesting the refund of $25.00 deposited in lieu of bond for the construction of an oversized driveway. REPORT FROM CITY ENGINEER ROBERTS was read, recommending the return of the $25.00 deposit, as the driveway has been oonstructed to the satisfaction of the Engineering Department. CITY MANAGER BIRD recommended the proper officials be ordered to return the $25.00 deposit. Moved by Morgan, seconded by Reid, the refund of $25.00 for oversized driveway at 710 E. 4th Street, be approved. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan, Reid, Hollingsworth. Nays: None. APPLICATION FQ4 OFF SALE BEER & WINE LICENSE by Handy Pantry #9, 1536 Highland Avenue, was presented. REPORT OF POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of this application. Moved by Hart, secoed by Reid, the application be filed. Carried, all the Council present voting aye. 3 2/13/60 199 CITY MANAGER BIRD stated he is in receipt of Seasons Greetings to the Mayor and Council from the City of Imperial Beach. COMMUNICATION FROM DAVID H. R. PAIN, Attorney for Marshall Morrison, was read, requesting a meeting with the City Manager, Harbor Committee, City Attorney to discuss means whereby the development of National City Tidelands can be done in a legal manner. It was the recommendation of City Manager Bird this be referred to the Harbor Committee for setting up a meeting, and, if possible, our City Attorney attend the meeting. Moved by Allen, seconded by Reid, the recommendation of the City Mana- ger in regard to this communication from Attorney Pain be approved, and that we do set up a meeting in conjunction with a time when the City Attorney can be present. Carried, all the Council present voting aye. COMMUNTICATION FROM CITY ENGINEER ROBERTS regarding examination for Head Chainman was read, stating the Civil Service announcement for the above examination states applications must be filed by December 19th; therefore, the examination must take place sometime after that date. Frank Parsons, our present Head Chainman entered the employ of the City September 19th and his temporary 90 day period will expire Decem- ber 17th. It is the Engineer's recommendation Mr., Parsons continue to function in the position of Head Chainman until such time as the Civil Service Commission may set up an examination, and supply this depart- ment with the names of three certified applicants, CITY MANAGER BIRD recommended the 90 day period be extended until such a time as a list of certified applieantsis provided. Moved by Hart, seconded by Reid, the recommendation of the City Manager and.City, Engineer regarding the list of certified applicants be approved. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. COMMUNICATION FROM CITY ENGINEER ROBERTS regarding Senior Draftsman vacancy was read, stating the Civil Service Commission is unable to furnish this department with the requisite three certified applicants to fill the position of Senior Draftsman rendered vacant by the resig- nation of Mrs. Jennie Chase. The temporary appointment to this posi- tion of Edward A. Rothmann, is recommended,,.at Rate 26, Step C, Sal- ary $534.00 per month. It was the recommendation of City Manager Bird that Mr. Rothmann be employed on a temporary basis as Senior Drafts- man.. Moved by Morgan, seconded by Reid, the employment of Mr, Rothmann as Senior Draftsman for a 90 day period be approved, Carried, all the Council present voting aye. COMMUNICATION PROM ARNO W. MUELL,ER, President, Mueller Truck Company, addressed to Mayor Hollingsworth, was read, 'expressing his gratitude 12/13/60 200 and appreciation for appointing Cleo 0sburn to be a witness for him in support of his application before the Public Utilities Commission for a Publio Warehouseman Franchise authority. The Public Utilities Com- mission granted them the Public Warehousemans Franchise for San Diego County. Moved by Allen, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM L. T. DERR was read, stating under date of Novem- ber 30th, Supply Enterprises requested special uses in a proposed M-2 zone. As the owner of the contiguous westerly property, he petitions said request for special uses be denied. As a solution, it is sug- gested that his M-2 property, plus that portion suggested for speoial uses by Supply Enterprises be zoned M-3; further, that any hearings concerning this matter be set for the first week in March, 1961, so he may personally attend. CITY MANAGER BIRD recommended this be referred to the Planning Department. Moved by Allen, seconded by Reid, the request for a change of location and zone change be referred to the Planning Commission. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY JUNIOR CHAMB ;R OF COMMERCE was read, urging the City Council to again consider the need for a new civic center for the City of National City. CO2Y OF LETTER FROM COUNTY BOUNDARY COMMISION, addressed to Mrs. Elizabeth S. Tefft, was read, stating the Boundary Commission, on Nov- ember 29, 1960, approved as definite and certain, the boundary descrip- tion of the proposed annexation to the City of National City of terri- tory known as "Tefft Annexation", subject to the inclusion of the por- tion of the south half of 24th Street not already in the City of National City. It is suggested this annexation be combined with the "S.edlack Annexation." COPY OF COMftUIIC!TION FROM COUNTY BOUNDARY COM- MISSION, addressed to Messrs. John and Tony Sedlaok was read, stating the Commission on November 29, 1960, approved as definite and certain the boundary desoription of the proposed annexation to the City of. National City of territory known as "Sedlaok Annexation", subjeot to the inclusion of the portion of the south half of 24th Street not already in the City of National City. It was suggested this annexa- tion be combined with the "Tefft Annexation". CITY MANAGER BIRD recom- mended these two communications be referred to the Planning Commission. Moved by Hart, seconded by Morgan, the City Manager's recommendation the two communications from the Coy Boundary Commission be referred to the Planning Commission, be approved. Carried, all the Council pres- ent voting aye. PETITION signed by four propty owners wad presented, requesting the alley located between "L" and "K" Avenues and 22nd and 23rd Streets be 12/13/60 201 closed. CITY MANAGER BIRD recommended the petition be referred to the Planning Commission. Moved by Morgan, seconded by Reid, the City Mana- ger's recommendation be approved. Carried, all the Council present voting aye. NOTICE OF MEETING OF COUNTY WATER AUTHORITY to be held December 15th, and also copy of minutes of the Board of Directors of the Water Auth- ority, were presented. It was the recommendation of City Manager Bird these be received and placed on file by the City Clerk. Moved by Reid, seconded by Hart, the documents be received and placed on file. Car- ried, all the Council present voting aye. COMMUNICATION FROM HAZEL G. MASON was read, requesting refund of house moving performance bond. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS was read, stating on January 6, 1960, a final inspection was made and passed by the Building Department after it had been determined all pro- visions as set forth in the City Council approval had been complied with. It was recommended the request be granted and the house moving performance Bond No. 3110838 be cancelled and returned to Mrs. Mason. Moved by Allen, seconded by Reid, the recommendation of the Building Inspector in regard to the refund of bond to Mrs. Mason be approved. Carried, all the Council present voting aye. COMMUNICATION FROM GRAYDON HOFFMAN, Chairman, San Diego Manpower Coun- cil, was read, thanking Mayor Hollingsworth for her cooperation in the San Diego Manpower Resources Survey, a copy of which was enclosed. Mrs. Hollingsworth's firm was one of the nearly 700 San Diego County employers participating in the program. The information furnished has been used to determine occupational trends and requirements within local industry. CITY MANAGER BIRD recommended the report be filed,with the City Clerk and made available to the Council. Moved by Hart, sec- onded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM CHIEF ADMINISTRATIVE OFFICER FULWILER, City of Chula Vista, addressed to City Manager Bird, was read, which stated a meeting held in the Council Chambers of the City of Chula Vista on December 8, 1960, to discuss the possible opening of their Fifth Avenue and National City's "D" Avenue, it was suggested by Mr. Bird that National City's Council may look favorably upon consideration of connecting the Harbor Drive -In Theatre to National City's sewer system. They wish to ask if the City of National City would consider entering into a sewer service contract with the City of Chula Vista, which would allow the Harbor Drive -In Theatre to connect with the sewer system of the City of National City. This request is made in conjunction with the joint 12/13/60 202 cooperation that is being taken in the opening of the street across the valley to connect the two cities at "D" Avenue in National City and Fifth Avenue in Chula Vista. CITY MANAGER BIRD stated there were other communications relative to same, one as of May 9, 1960, and one as of January 26, 1960, and the communications were referred to the Finance Committee and they have not as yet taken action upon them. Mr. Bird suggested, if the Finance Committee is going to meet today, it be referred to them. Moved by Hart, seconded by Alien, the communication from the City of Chula Vista regarding a sewer agreement be referred to the Finance Committee. Carried, all the Council present voting aye. REPORT FROM CHIEF OF POLICE CAGLE regarding overtime report, October 1, 1960, through December 9, 1960, was presented. Attached to the report was a record of overtime accrued by members of the Police Department from October 1, 1960, through December 9, 1960, and a record of over- time taken off by members for the same period. Since this Department has been operating on a basis that has made it impossible to grant over- time off within the time limit requirements of Rule 10.5 of the Civil Service Rules, overtime has been allowed to accumulate as it was impos- sible to grant compensatory time off. On receipt of the City Attorneys opinion dated December 2, 1960, regarding overtime, this opinion places the Police Department in a rather confusing position. Members of the Department have a backlog of hundreds of hours of overtime accrued before October 1, 1960, but since the line was drawn on the date of October 1, 1960, only time accrued after that date could be counted, and time off since that date was counted against the hours accumulated since October 1, 1960. The attached sheet will show several members of this Department overdrawn when in reality they have a large backlog of time due them. The attached sheets show a total of 319 hours and 23 minutes of accrued overtime due, and a total of 54 hours and 26 min- utes overdrawn by members of this Department. CITY MANAGER BIRD stated he had the Police Department make a complete inventory of this parti- cular thing since October lat. The overtime which is legal overtime and which Rule 10.5 allows paid for this particular period of time, sub- ject to the approval of the City Council, amounts to $1,059.62 due and payable within the legal time limits of Rule 10.5, which has not as yet been changed. It was the recommendation of City Manager Bird this mat- ter be referred to the Finance Committee for a recommendation to the City Council. Mr. Bird stated there is another matter which comes under the same category. REPORT FROM FRED S. DUDLEY, Chief of Party, Engineering Department, relative to vacation leave and unpaid overtime leave, was read. The vacation time due Mr. Dudley as of January, 1961, is 47 days. CITY MANAGER BIRD stated in the matter of vacation, under 12/13/60 203 Civil Service Rules vacation must be taken within the following oalen- dar year in which it is earned. This particular employee was not under Civil Service until July of this year; therefore, his vacation, because of the work load, was allowed to accumulate. There is also unpaid overtime due of 153 hours. The report has been certified by the City Engineer as being correct. Moved by Hart, seconded by Allen, the first letter be referred to the Finance Committee; and the matter of the vaca- tion leave and unpaid overtime leave of Mr. Dudley be referred to the City Attorney for a legal opinion. Carried, all the Council present voting aye. CITY MANAGER BIRD reported this morning he met with the Chairman of the Civil Service Commission, Mr. Haswell,and they discussed a number of these controversial things, and particularly with the thought in mind of clarifying the language used so the average employee, as well as the Civil Service Clerk, can understand it. We are in accord, and the Civil Service Commission, at the present time, is contacting the depart- ment heads for their reaction to certain controversial rules and regu- lations. When it is completed it will then come to the City Council. We have been working on Rule 10.5 and giving it a certain amount of thought and would like to bring that question up at the next Finance Committee meeting, and also get the opinion of our City Attorney as to the wording of Rule 10.5. CITY MANAGs;R BIRD reported he has been in contact with Tom Fletcher regarding Ramm Subdivision and everything is ready as far as the City of San Diego is concerned; however, in calling the Water Company and talking with Mr. Poulter, there is still a matter of the water line situation to be taken care of, and there will be a full report from the Water Company and the City of San Diego at the next meeting. RESOLUTION NO. 7846 was read, granting a zone variance with reference to property located at 2604 E. 18th Street. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7847 was read, granting a zone variance on property located at the Southwest corner of 20th Street and Lanoitan Avenue, for the purpose of erecting a building on said property, using Lanoitan Avenue as a front yard and having a fifteen foot setback on Lanoitan Avenue and a ten foot setback on 20th Street. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7848 was read, granting a zone variance to property located at 3016 E. Division Street. The variance granted is as follows: 12/13/60 204 An existing garage may be converted into a bedroom with bath, and a new garage constructed with a 17 foot front yard setback and a. three foot side yard setback. Moved by Allen, seconded by Morgan, the Reso- lution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7849 was read, granting a zone variance for property located at 2540 Norfolk Street; said variance is granted to convert an existing garage into a family room, together with bath and utility room with a three foot side yard setback. Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7850 was read, granting a zone variance, for the purpose of constructing and operating a kiddie playland. Moved by Hart, sec- onded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN AT,T,r,:N asked if Application for Zone Variance No. Z-6 had been taken care of by Resolution. ATTORNEY CURRAN stated when the legal description is prepared we will accept the street and the matter will be taken care of. COUNCILMAN ALLEN reported the City Planner has shown him figures regard- ing sales tax; National City is in excess of $13 million dollars, and Chula Vista in excess of $9 million dollars. Moved by Morgan, seconded by Alien, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:50 p.m. ATTEST: CITY OiDRK MAYOR, CITNATYONAL CI , CALIL'ORNIA 12/13/60