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HomeMy WebLinkAbout1960 10-11 CC MIN126 National City, California, October 11, 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 with invocation by Rev. Pittman of the Highland Avenue Baptist Church. Moved by Reid, seconded by Hart, the minutes of the regular meeting of October 4, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7822 was read, accepting an Easement and Covenant Run- ning With Land from Junior R. and Thelma R. Lester. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7823 was read, "RESOLUTION DETERMINING THAT THE OLIVE - WOOD HOUSING PROJECT IS NOT NEEDED FOR THE NATIONAL DEFENSE INDUSTRIES.' Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked what the next procedure would be regarding the disposal of the Housing, since the Resolution just adopted determines the project is not needed. ATTORNEY CURRAN stated there will have to be a subsequent resolution which will adopt the determinations of policy which have already been made by the Council by motion, and there will be a series of resolu- tions from time to time when the policy as to specific portions of the unit are fixed. COUNCILMAN ALLEN stated his motion two weeks ago was we accept the recommendation of the Housing Director with one addition, and thought that resolution should be ready. ATTORNEY CURRAN stated: the point as he takes it is that the matter of the determination of policy that was accomplished by that motion is going forward, there has not been any delay occasioned by that; this resolution is one that is necessary in order to protect the record for the City Council to justify the action which was takes. COUNCILMAN ALLEN said he thought the resolution would also become effective as of this date, along with the one adopted. ATTORNEY CURRAN stated his original thought was that :etermination would be incorporated into this resolution adopted, which in effect makes the final determination; however, in considering the problem, inasmuch as he has suggested, it will not be one resolution but a series; and we will have abetter record to have two separate resolutions and that is why it was not included in the resolution just 10-11-60 127 adopted. Moved by Hart, seconded by Reid, we follow the procedure as stated by the City Attorney. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Attorney for National Freight Terminals has addressed a communication to the City :attorney dated October 7, 1960, whereby the National Freight Terminals does exercise the option which is given to that corporation to extend the lease of Parcel 12A of the Tidelands for two additional five year terms; the first exten- sion to commence March 1, 1964 at a rental based upon 4i0 per square foot, and the second five year extension is to commence on March 1, 1969 at the basis of 5¢ per square foot. Those are the figures which are established in the lease itself for the rent for such period of extension, the lease itself provides for the option; therefore, no action is necessary upon the part of the City Council other than to order this letter be filed and that proper note be made of the fact the Jease has been extended for the additional ten year period. Moved by Morgan, seconded by Hart, we follow the letter of the Attorney for the National Freight Terminals and have the proper authority notify them we will recognize their option on this property. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the Public Utilities Commission has given notice the hearing on the application of San Diego Gas and Electric Company, in Application No. 42679 for a certificate of public conven- ience and necessity to construct a steam electric generating unit #2 at the South Bay Power Plant has been set for hearing on Nov. 16, 1960 at the Health Center in San Diego. It is expected this will be a short hearing, and the City Attorney recommended that City of National City again make a formal appearance in this proceeding. Moved by Allen, seconded by Reid, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. JACK E. BROWN, 2305 Van Ness Avenue, a Past Commander of the local American Legion Post, was present and stated the American Legion is trying to propose an American Legion Day in the South Bay area, and hope it will become National in the near future and have decided the date of October 22nd to determine the difference between the regular Veterans Day, and presented a proclamation for City Clerk Alston to road, asking that the Mayor proclaim Saturday, October 22, 1960 as American Legion Day in South Bay Area. Moved by Allen, seconded by Hart, the Mayor be authorized to proclaim American Legion day. Car- ried, all the Council present voting aye. B. .r,. BOWMAN, 2445 Van Ness, Poundmaster, was present and asked the object of the proposed Cat Ordinance. Mr. Bowman said he has made a 10-11-60 128 little study of the cat situation in different cities and does not believe there has ever been a Cat Ordinance that has worked. The City of National City has no place to dispose of cats, or even any kind of: dead animals. There are certain hours on certain days when the citi- zens of National City must take the surplus animals to Spring Valley and pay a fee to dispose of them; if we had a place in National City to bring the animals for disposal we would not have the existing prob- lem, and licensing a cat will not take care of the situation. Moved by Hart, the matter of the City having a pound of its own be referred to the Finance Committee. COUNCILMAN REID questioned the City Manager about the requirements for a pound. CITY MANAGER BIRD stated a pound will have to comply with the regulations imposed by the Humane Society and by the Health Dept. which means quite an elaborate situation. In the past the City of National City has had pounds, one at the City Garage and we had the proper facilities, then the territory built up and we had to do away with it; we then had a pound down in the commer- cial area and again we had a similar problem. A properly operated and organized pound is going to cost a tremendous amount of money; it is going to have to be manned, and it is going to have to be kept in a condition whereby we do not gain the criticism of the animal lovers. Mr. Bird said he believed the motion made that the Finance Committee look into the matter is a proper one. COUNCILMAN ALLEN asked Mr. Bowman if it is not true that Chula Vista will accept cats for a fee. MR. BOWMAN said it is. COUNCILMAN ALLEN said if the C,ty of National City cannot build their own pound it would save money by contracting with Chula Vista instead of going to Spring Valley. Motion seconded by Allen. Carried, all the Council present voting aye, MAYOR HOLLINGSWORTH asked City Planner Stockman if she stated that the Health Officer said if anyone had more tbpn the number of cats allowed by Ord. 891 he would take care of them. MRS. STOCKMAN said the Health Officer thinks this is a very good Ordinance and he is recommending it to other cities. COUNCILMAN ALLEN stated we have a new fire alarm system in the City and already we have been plagued with a few false alarms; and he has learned there are approximately 80% more firemen injured in answering false alarms than there are firemen injured fighting fires. Moved by Allen, seconded by Hart, the City Attorney study the State law and create a National City City Ordinance in abiding by the same penalties{ etc. of the State law to protect us in our own situation here. MAYOR HOLLINGSWORTH stated most of these, false alarms are by juveniles and asked the City Attorney if this ordinance is written and there are penalties by confining to Juvenile Hall or monetary fines, are the 10.11-0. Q 129 parents responsible, would they have to pay the fine. CITY ATTORNEY CURRAN stated it is his recollection that the Juvenile Court does not have authority to levy fines; the whole philosophy of the Juvenile Court is to help the errant child. COUNCILMAN MORGAN stated he thought the City Manager and Fire Chief should have something to say about the ordinance, whatever they want in it. MAYOR HOLLINGSWORTH stated she thought Chief Bailey was going to talk to the children at the schools in regard to the fire alarm system, and asked if this has been done. CITY MANAGER BIRD stated that program is underway. The matter of an ordinance was discussed by the Fire Chief and City Mana- ger; they also discussed the fact there is existing a State law and we come to the matter of duplicating State law which is applicable in this community just the same as any other part of the State. There are two different sections to the State Statute and the Penal Code regarding false alarms; ore is a very serious crime particularly where it results in the death or serious bodily injury of any person, it then becomes a felony. The other section covers a misdemeanor. How- ever, these are only applicable to adults; the juvenile situation is something else. When this system was to be put in, we discussed the local ordinance and discussed the possibility of adding to that ordi- nance another sectionioh will become necessary wherein Council, in its policy making, will have to decide what the fees, if any, are going to be where private fire brigades hook onto these available boxes etc. It is something which we are studying and believe we will be able to come up with an answer. VICE MAYOR HART withdrew his second to the motion. Motion died for lack of a second. COUNCILMAN ALLEN inquired as to the latest information on the pistol range. CITY MANAGER BIRD stated all he has is part of the plans and he is attempting to get the rest of the plans and the specifications. The plans were oompleted and were in his office and then the party who drew the plans came in and took them to bring back the transparent sheets so we could make a sufficient amount of copies and to complete three or four pages of the specifications; that is where the matter stands at the present. VICE MAYOR HART excused. COUNCILMAN ALT;N asked when we are going to have a resolution in regard to instructing the Housing Manager to notify the people of the change and when we are going to start disposing of the housing. VICE MAYOR HART present. COMMUNICATION FROM CITY MANAGER OF CI$'Y OP ESCONDIDO addressed to Division of Fair Employment Practices, Department of Industrial 10-11-60 130 Relations, was read, stating the City of Escondido, after study of FEPC Guide to Lawful and Unlawful Pre -employment Inquiries has asked me to file a letter of protest, with copies to our neighboring cities and with our legislative representatives. The Council feels the regu- lations adopted, as applied to a municipality, particularly the City of Escondido, are so restrictive as to discriminate against the City as an employer. One conflict which is immediately apparent concerns the requirement set forth in Labor Code Section 1942, which prohibits the City from employing any person other than a citizen. It is their opinion that the powers and duties of the commission as set forth in Labor Code Section 1419 are too vague and too broad and they intend to ask their representatives to the State Legislature to take some remedial action on this matter in the immediate future. CITY MANAGER BIRD recommended the letter be placed on file by the City Clerk with a copy to be given to the Civil Service Commission through its Person- nel Clerk. Mr. Bird stated our Civil Service Commission did write to the Fair Employment Practices Board requesting consideration be given in their guide for certain prerogatives to be granted to municipalities particularly in the employment of police and firemen. Moved by Morgan, seconded by Reid, the letter be filed and a copy sent to the Civil Service Commission. Carried, all the Council present voting aye. COMMUNICATION FROM GRAYDON HOFFMAN, CHAIRMAN, BUS APPRECIATION WEEK COMMITTEE, was read, asking that the Mayor proclaim the week of October 17 through 23 as "Bus Appreciation Week." Moved by Allen, seconded by Morgan, the Mayor be permitted to proclaim "Bus Apprecia- tion Week." Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY CHAMBER OF COMMERCE was read, request- ing the City to furnish 200 chairs, platform, large public address system, and piano for the Navy Dance to be held as part of the Salute to Navy Week, Friday evening, October 28, 1960 at the National Guard Armory. It would be appreciated if the City would deliver same to the Armory Friday morning and pick up either Saturday or Monday. Moved by Hart, seconded by Reid, the request be granted, and referred to Building Maintenance Supt. Gautereaux. Carried, all the Council present voting aye. COMMUNICATION FROM JOHN H. McCART NEY was read, congratulating Fire Chief Bailey and his efficient associates for giving more of themselve. than required of them. Moved by Hart, seconded by Allen, the letter be filed. Carried, all the Council present voting aye. COMMUNICATION FROM V. R. DENNIS CONSTRUCTION CO. was read, requesting a 30 day extension of time, without penalty, for the completion of 10-11-60 131 their contract for the 1911 Improvement of 28th and "P" Avenue. COUN- CILMAN MORGAN asked if there were two requests from V. R. Dennis. CITY MANAGER BIRD stated there were, one for 28th Street and "B" Avenue, and one for Improvement of Hoover Avenue. Moved by Morgan, seconded by Reid, the request of V. R. Dennis Construction Co. for a 30 day extension of time, for the completion of both 1911 Improvement pro- jects, be granted. Carried, all the Council present voting aye. COMMUNICATION FROM EDWARD C. WRIGHT, POSTMASTER, was read, stating the lease between the Government and the City of National City for the use of land as off-street parking has expired. Pending disposi- tion of the land by the Government the City may continue use of the land on a month -to -month basis. All of the terms of the lease with the Government would remain the same. The rental specified in the lease is $12. per annum. Approval for the continued use of the land will be accomplished by endorsement of two copies of this communica- tion and their return to the National City Post Office. Payment in the amount of $12 for one year's rent is requested with the return of the papers. CITY MANAGER BIRD requested the City Clerk be authorized to sign this agreement on the lease of the parking lot at loth and "A" and also authorized to draw the $12 warrant in favor of the United States Post Office, in care of Edward C. Wright, Postmaster. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM V. E. POSEY, Contractor, relative to Bond #200189 of Ohio Farmers Insurance Company for Improvement of 8th Street between "L" and Sanitarium Avenues, was read, stating he wished to give notice that for financial and other reasons he will be unable to complete the work required by the contract. He hereby acknowledges he is in default under the terms of the contract, the bond, and the terms, stipulations and conditions of the indemnity agreement furnished the surety as a part of the application for said bond; and authorizes the said surety to take such actions and to exercise any rights which, as his surety, it has under the circumstances, and by reason of his indemnity agree- ment. He hereby waives any and all requirements of notice contained in said contract or bond for the establishment of his default, COM- MUNICATION FROM WI LLIA M J. CONNERS of Anderson, McPharlin & Conners, Attorneys for the Ohio Farmers Insurance Company relative to Bond No. 200189, was read, stating the surety wishes to exercise its right to take over the completion of this work, and will do so by having the work completed by V. E. Posey on behalf of the bonding company rather than on its own behalf. CITY MANA.GR BIRD stated this came in late 10-11-60 132 and has not been reviewed by the City Attorney, and recommended it be laid over at the present time so the Attorney can examine it and pos- sibly be taken up later on the agenda. Moved by Allen, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. NOTICE FROM BAN DIEGO COUNTY WATER AUTHORITY relative to a meeting of the Dedication Ceremony Committee of the Board of Directors to be held October 13th at the headquarters; and the minutes of the meeting of September 8th of the County Water Authority were presented. CITY MANAGER BIRD recommended they be received and placed on file by the City Clerk. Moved by Hart, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. REPORT FROM ACTING CITY ENGINEER ROBERTS relative to petition for Improvement of 17th Street, from "J" to "L" Avenues, was read, stating the petition was signed by persons interested in more than 65% of the frontage of the property proposed to be assessed for the improvement, and recommended the petitioned improvements be authorized. CITY MANA- GER BIRD stated he concurred in the Engineer's recommendation, Moved by Mcrgan,seconded by Allen, the improvement of 17th Street from "J" to "L" Avenues be processed under the 1911 Act. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the completed plans for the Plaza Boule- vard 60-inch Storm Drain, and recommended they be approved and the City Clerk be authorized to advertise for bids on the project, Moved by Hart, seconded by Reid, the City Manager's recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM HOUSING DIRECTOR GAUTEREAUX was read, stating in view of the fact he is asking the leave of absence of Mrs. Patricia Roenicke without pay effective October 15, 1960, due to pregnancy, and it is therefore imperative a qualified person be temporarily appointed to fill the position of Cashier held by Mrs. Roenicke. It is requested Mrs. Anna Barrer, who now holds the position of Intermediate Clerk in the office of 0livewood Housing be temporarily appointed to the posi- tion of Cashier, effective October 16, 1960, at Rate 20, step "0" at $398.00 per month. Permission is also requested to hire an Intermed- iate Clerk, Rate 17 starting salary of $312.00 per month, from the Certified List, to serve on a temporary basis to fill the position now held by Mrs. Barrer. CITY MANAGER BIRD recommended the request of the Housing Director be granted, that Mrs. Roenicke be granted leave of abance without pay, as stipulated in Rule 10:2, Paragraph 11 and 12. 10-11-60 133 Moved by Allen, seconded by Reid, the recommendation of the Housing Director and the City Manager in regard to the employee in the Housing and the temporary appointments be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD requested confirmation of the Council for the appoint- ment of Alfred Roberts as City Engineer. Moved by Hart, seconded by Reid, that Alfred Rob arts be appointed as City Engineer. Carried, all the Council present voting aye. CITY MANAGER BIRD stated if the Council meeting is over in sufficient time he would like to have the Council go out to E1 Toyon Park, with regard to the projection of Highway 241 going through the park. Mr. Bird stated he has been informed the area as requested by the State Division of Highways has been staked out so the Council could visually see exactly where this roadway is supposed to go. If the Council can go, Mr. Bird said he would call the Chairman of the Park and Advisory Board and the City Planner has maps and further information regarding the situation, and so does the Supt. of Parks. REPORT FROM THE PLANNING COMMISSION was read, relative to Application for Zone Variance No. Z-6 signed by T. L. Simmons and J. B. Moore, relative to the property located at 1624 Orange Street, which was referred back to the Planning Commission by the Council for further consideration. The Commission recommended the granting of the zone variance subject to certain restrictions as enumerated in the report. Moved by Hart, seconded by Reid, the recommendation of the Planning Commission be approved, and referred to the Attorney for preparation of the necessary resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending a grant deed be accepted from the Pentecostal Tabernacle of the Assembly of God, for the east half, 30 feet in width, of "M" Avenue lying 168 feet south of 9th Street. Moved by Hart, seconded by Allen, the recommen- dation of the Planning Commission be approved, and referred to the City Attorney for preparation of a resolution of acceptance. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated at the last meeting of the Planning Com- mission, due to the amount of publicity we have received over the animal ordinance there has been a number of complaints in regard to barking dogs and crowing roosters. There was a gentleman present at the Planning Commission meeting la st night who did make a protest against the roosters being permitted within the City limits of National City; therefore, it was the iqutst of the Commission that ample 10-11-60 134 consideration be given to changing Ordinance No. 891 from 12 chickens to 12 hens, prohibiting roosters, and some clause be added which would establish crowing roosters and barking dogs as a nuisance; the barking dogs would be those types of dogs who deliberately "bark at the moon," or something like that. If the Council is in accord, it is the recom- mendation of the City Planner this be referred to the City Attorney for working out some type of ordinance. Moved by Allen, seconded by Hart, the Planning Commission recommend a change in Ordinance 891 for the wording they so desire. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for period ending September 30th, was pre- sented, and CITY CLERK ALSTON recommended it be received and placed on file in her office. Moved by Hart, seconded by Allen, the recommen dation of the City Clerk be approved. Carried, all the Council pres- ent voting aye. CITY MANAGER BIRD stated our gas tank at the City garage is leaking, and requested authorization to renew that facility, and the cost will be approximately $500.00. Moved by Morgan, seconded by Hart, we replace the tank we now have with a new one. Carried, by the follow- ing vote to -wit; ryes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. Moved by Hart, seconded by Morgan, the meeting be closed. Carried, all the Council present voting a ye. Meeting closed at 2:54 p.m. kit MAYOR, CITY OF NATIONAL CITY, CALIFORNIA V ATTEST: CITY CLERK 10-11-60