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HomeMy WebLinkAbout1960 03-08 CC MIN323 National City, California, March 8, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 o'clock p.m. Council members present: Allen, Fessman, Hart, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Gautereaux, Golden, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Daily. Moved by Allen, seconded by Reid, the minutes of the regular meeting of March 1, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7690 was read, approving and accepting an agreement between City of National City and Donald E. and Ruth C. Norman; Rus- sell P. and Elizabeth M. Haas, dated March 1, 1960, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7691 was read, requesting the Board of Supervisors of San Diego County to make its order that the San Diego County Auditor cancel taxes for the fiscal year 1958-1959 on property purchased by the City, as described in said Resolution. Moved by Pessman, sec- onded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7692_was read, accepting an easement from Eldon D. and Doris A. Brazell. Moved by Hart, seconded by Fessman, the Resolution be adopted.. Carried, all the Council present voting aye, RESOLUTION NO. 7693 was read, ordering payment on Warrant No. 43936 in the sum of $48.94 payable to Beatrice Despres be stopped and a new warrant for said sum be issued to Beatrice Despres. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7694 was read, "RESOLUTION OF THE COUNCIL OF THE CITY OF NATIONAL CITY, CALIFCR NIA, ORDERING, CALLING AND PROVIDING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 12TH DAY OF APRIL, 1960." DEPUTY CITY ATTORNEY GOLDEN asked if the Council wished the list of the officers and polling places read. Moved by Fessman, s econded by Allen, the reading of that portion of the resolution that names the election officers and polling places be waived, and the Deputy City Attorney be instructed to read any further portion of the Resolution that is necessary. Carried, all the Counoil present voting aye. 3-8-60 324 ATTORNEY GOL..EN read the balance of the Resolution. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Coun- cil present voting aye. DEPUTY CITY ATTORNEY GOLDEN stated they received in the mail this morning a Dismissal of the Harbor Drive -In Theater, Inc. law suit against the City of National City. There was no letter of transmit- tal with it so the assumption is the original of this Dismissal is on file. ATTORNEY GOLDEN stated this ends the law suit. DEPUTY CITY ATTORNEY GOLDEN reported the City Attorney is not present at the Council meeting today because of the fact he is engaged in the trial in the Superior Court action between the City of National City and the California Water and Telephone Company law suit which involves a question of liability to pay for the relocation costs on Highland Avenue between 4th and 8th Streets. DEPUTY CITY ATTORNEY GOLDEN reported the Fidelity and Deposit Company of Maryland has served notice of termination of Sidewalk License Bond No. 73 83 927 on behalf of Salvatore Giardina, and recommended Mr. Giardina be notified to file a new bond or to surrender his Sidewalk License. Moved by Allen, seconded by Reid, the recommendation of the Deputy City Attorney be in effect in accordance with his recommenda- tion in regard to the Sidewalk License Bond of Mr. Giardina. Car- ried, all the Council present voting aye. DEPUTY CITY ATTORNEY GOLDEN stated the City :attorney has received a copy of a statement made by the Associate Counsel of the League of California Cities regarding the Fair Employment Practice Commission Concerning Draft Guide Proposals for Lawful and Unlawful Preemploy- ment Inquiries, and recommended this statement be referred to the Civil Service Commission for its attention. Moved by Allen, seconded by Hart, the statement from the League of California Cities be referred to the Civil Service Commission, as recommended by the City Attorney. Carried, all the Council present voting aye. REPORT FROM THE CITY ATTORNEY was read stating a full release of all claims against the City of National City has been secured from Lewis W. and Mary M. Vaughn, and recommended it be given a document number and filed. Moved by Alien, seconded by Reid, the recommendation of the City Attorney in regard to the claim of Mr. and Mrs. Vaughn be approved. Carried, all the Council present voting aye. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and thanked the Council for some more work which was done on the streets. COUNCILMAN HART stated he has talked with several Priests and he won- dered why they have never been invited to give the invocation, and 3-8-60 325 suggeste d they be on the list the same as the ministers. OiZ: ALSTON stated when Mr. Hodge was Mayor he turned this matter over to the Ministerial Association and they invited the ministers to give the invocation. Moved by Allen, seconded by Hart, we leave the invo- cation to the various ministers of the churches as long as they believe in saluting the Flag of the United States; and the City Clerk invite them, so that everyone would be included. COUNCILMAN FESSMAN sug- gested perhaps the matter should be left as it is with the Ministerial Association, but send a communication to them suggesting possibly some ministers or priests are being left out. COUNCILMAN HART said he thought that would be better, and withdrew his second to the motion. Motion died for lack of a second. Moved by Fessman, seconded by Hart, the City Clerk be instructed to address a letter to the Ministerial Association notifying them this question has arisen and ask them if there is anything they might be able to do to alleviate the situation. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Reid, Hollingsworth. Nays: Allen. COUNCILMAN ALLEN stated it is his understanding the County is planning to have a dump in the County adjacent to National City, in the vici- nity of the old Duck Pond at 31st and National Avenue. Mr. Allen said he did not believe we have been asked whether or not we approve of this; and the people, if they so desire, can come in and complain about it. COUNCILMAN ALLEN stated it was recommended to the City Attorney some weeks ago in regard to getting another letter to the Eleventh Naval District or to the Navy Department in regard to trying to dispose of some portions of the housing. MAYOR HOLLINGSWORTH stated she recalls when this letter was discussed but the motion did not designate who was to w rite the letter, it was just authorized a letter be written. Moved by Allen, seconded by Hart, the City Attorney be instructed to write a letter to find out, when and if, it would be possible to release at least that portion of the housing on the West side of National Avenue so we can start trying to lease it or rent it, sell it, or develop in whichever manner we can do so. Carried, by the following vote to -wit: Ayes: Alien, Hart, Reid, Hollingsworth. Nays: Fessman. COUNCILMAN ALLEN stated there are several gentlemen from Highland Avenue present at this meeting regarding the try out of the Safety Engineer's project on Highland, and believed that will come up under the City Manager's report. Mr. Allen said in neither report by the Safety Engineer or by anybody else has the question been answered that the Police Department wants, and that is our ordinance be changed 3-8-60 326 to "spell out" jay walking. Moved by Allen, seconded by Hart, the City Attorney check our traffic ordinance in regards to pedestrians and give us an answer as to whether we do need to have a change in this ordinance to tighten up to where we can control pedestrian traf- fic when it is not in a cross walk in a greater space than between two oontrolled intersections and if a uniformed man at an intersec- tion is considered a controlled intersection. Carried, by the fol- lowing vote to -wit: Ayes: Alien, Hart, Reid. Nays: Pessman, Hollingsworth. COUNCILMAN HART stated he believed the City Manager has a solution in regard to the County dump. CITY MANAGER BIRD stated he suggested if it was the policy of the City Council; this is a County area and not within the province of the City Manager, and the Council feels it is going to be detrimental, they invite the Supervisors and the Director of Public Works under whose jurisdiction these things are carried out, to appear before the Council, or a committee of the Council, to explain what they propose to do. Moved by Allen, seconded by Hart, the suggestion of the City Manager be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he thought the Police Department needs paint- ing, and was sure the City Manager could take care of it. COMMUNICATION FROM ED. MALONEY, H. H. BRAUDAWAY, JOHN ROARK, GLENN C. ISBELL, and JAMES P. JENKINS, was read, stating they are owners of property on Highland Avenue between 8th and loth Streets and between 12th and 13th Streets and object to the traffic lane marking of High-. land Avenue in front of their property. They strongly object to the red painting of the curbs prohibiting street parking. They submitted a plan which they believe will take care of the situation. They also requested the present street markings and red curbs be immediately removed and returned to the prior markings. CITY MANAGER BIRD stated the Chief of Police, Traffic Engineer and himself have watched the traffic in this area on a number of occasions as long as two to two and a half hours at a time since the opening of Wards. We have seen many things occur which are not desirable and things which will have to be taken care of. This painting which was put in was specifically to be of a tentative nature. Mr. Bird said he would like to have concurrence because he wished to take away all of the markings begin- ning tomorrow morning and realign the street on a straight basis, allowing left and right turns, as recommended. Our pedestrian load has materially diminished and will continue to diminish further except on those occasions where a joint sale or special event is bein placed before the public by Wards and the South Bay Plaza together, 3-8-60 32'7 and at that time whether we signalize or we do not signalize we are going to have to put special traffic officers in the area to handle the load. On the signal situation we are not completely in accord as to location of the 12th Street signal. The plan as proposed by the letter is at llth Street. In the meantime we are working to get plans for the signals, whether they will be located at 12th Street or 125 feet north of 12th Street we are not sure. CITY MANAGER BIRD said they will be both three-way signals, and we may perhaps have to put in a third signal, if the pedestrian situation comes up to what so-ie people think it will. Moved by Fessman, seconded by Hart, the City Manager's report be approved and approval be given to go ahead on a tentative basis. Carried, all the Council present voting aye. COMMUNICATION FROM NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION was read, stating the Association wishes to establish a weather station in National City. This weather station will meet all of the U. S. Government's Weather Bureau specifications and will be maintained and readings recorded by the Employees Association. It is requested the Council allow the weather station to be located on the lawn area immediately north of City Hall. The weather shelter will be main- tained in a manner that will be of credit to the community and the weather recordings will be publicized through the news media. Moved by Fessman, seconded by Allen, the request of the National City Muni- cipal Employees Association be granted in regard to the location of a weather station on our premises, and the weather station be located where they wish, under the sa.pervision of the Supt. of Parks and Recreation. Carried, all the Council present voting aye. CITY MANk.GER BIRD stated he had a claim against the City in the form of a letter, as follows: COMMUNICATION FROM G. P. HOGAN was read, stating one of the City's trucks failed to stop at a boulevard stop sign on "D" Avenue at 30th Street on March 3, 1960 and his car hit it. The damage to his car amounted to $245.30. It was the recom- mendation of the City Manager this be referred to the City Attorney for processing with the insurance company. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved, in regards to the accident. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a number of notifications and reports relative to water. One is a notification from the San Diego County Water Authority the meeting of the Water Problems Committee called for March 10, 1960, at 3:00 p.m., and the Engineering and Operations Committee will meet at 4:00 p.m. in the headquarters of the County Water Authority. Also there are the minutes of Authority for Febru- ary llth and February 18th, and recommended they be received and 3-8-60 328 placed on file with the City Clerk. Moved by Fessman, seconded by Hart, the minutes of the Water Authority be received and placed on file, as recommended by the City Manager. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the minutes of the South Bay Irrigation District which he recommended be placed on file by the City Clerk; also the County Water Authority has submitted a report of the total water stored and portion which is stored credited to its member agencies and the flow of the aqueduct at the present time, and recom- mended this also be referred to the City Clerk for filing. Maned by Allen, seconded by Hart, the recommendation of the City Manager be approved and the documents be placed on file. Carried, all the Coun- cil present voting aye. COMMUNICATION FROM A. F. POULTER, DIVISION MANAGER, CALIFORNIA WATER & TELEPHONE COMPANY, was read, relative to Improvement of Eighth Street between "L" Avenue and. Sanitarium Avenue. Protest is made and entered against the proposed change of grade by the California Water & Telephone Company. The California Water & Telephone Company is the owner of an easement containing approximately 3,974 feet of 8 inch and 6 inch water mains and appurtenances in said Eighth Street between "L" Avenue and Sanitarium Avenue. The Company also owns various facilities appurtenant to said pipeline and easement in Eighth Street. The subject change of grade will require relocation of cer- tain of said 8 inch and 6 inch mains as well as other rearrangement of the Company's facilities at a total estimated cost of $20,500.00 all as more specifically detailed on the schedule attached to the communication marked Exhibit "A". Demand is, therefore, made upon the City Council for payment to California Water & Telephone Company of the said sum of $20,500,00, which damage will be incurred by California Water & Telephone Company by reason of the subject change in grade, if accomplished. CITY MANAGER BIRD stated a copy of this letter has already been forwarded to the City Attorney and the City Engineer, and recommended it be referred to the City Attorney and City Engineer. Moved by Allen, seconded by Reid, the correspondence from Mr. Poulter of the California Water & Telephone Company, in regard to relocating the pipes on East Eighth Street be referred to the City Attorney and City Engineer. Carried, all the Council pres- ent voting aye. APPLICATION FOR ON SALE BEER BEVERAGE LICENSE by The Dog House, 713 National Avenue, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation disclosed no grounds for protest of this application. Moved by Fessman, seconded by Hart, the application be filed. Car- ried, all the Council present voting aye. 3-8-60 329 CITY MANAGER BIRD stated he has the same letter which the City Attor- ney recommended be referred to the Civil Service Commission, and which by action of the Council was referred to the Commission. Mr. Bird said he has copies of it if the Council is interested. COMMUNICATION FROM R. B. JAMES, COUNTY CLERK, was read, stating after discussion regarding the report of Harry H. Stoops on the County -wide Civil Defense and Disaster Organization, the Board of Supervisors on February 29th referred the report to the City Gcrernments in San Diego County for study and recommendation to the Board. CITY MANAGER BIRD stated this has reference to that short synopsis with which each Council member was supplied regarding the report of Mr. Stoops of the County for the creation of a Civil Defense Organization in the County with joint contractual powers to the individual ten cities in the County. The City Managers' .Association at the instance of the Mayors' Association of San Diego County requested the Supervisors to make this study. The Supervisors provided the money and they hired an expert from t he outside and he made the report. The majority of the Managers of San Diego County did appear at the Board of Supervisors, when they discussed the matter and this was their action referring it back to the cities. Originally it was the intent and the purpose of the Managers to have created within the County a Civil Defense Organ- ization crossing lines, retaining the economy within the individual city, but in the event of, not only Civilian Defense, but primarily stressing all of our points on major disaster whereby we could have the benefit of flexible operations under one control for the purpose of alleviating any suffering and the saving of life caused by a major disaster within any given area in the County or the entire County as a whole. The Board of Supervisors are willing to go along with the cities if the cities want to request them to so do. There will be a price tag on this particular set up and there has been a criteria in the report developed for such a payment. Mr. Bird said he would request that sometime in the very near future the Council set aside a time to discuss the merits, objections, etc. relative to this proposed. Moved by Allen, seconded by Hart, the Mayor study this to whatever degree she thinks is necessary and get the Council, either after a short Council meeting or some other time, to discuss this.' Carried, all the Council present voting aye. CITY MANAGER BIRD presented an easement and covenant running with land from A. L. Pool for property on "K" Avenue, and recommended they be referred to the City Attorney to prepare the necessary resolution of acceptance. Moved by Pessman, seconded by Hart, the City Manager's recommendation be approved. Carried, all the Council present voting aye. 3-8-60 330 CITY MANAGER BIRD stated he had a partial report to make at this time in the matter of "F" Avenue; the pool and the land. Mr. Bird stated the Mayor and himself met with the owners of the land, we discussed the problem and viewed the site. In the meantime the pond has been pumped dry and we will continue our negotiations with the owner in hopes we can come up with a solution. However, it is going to be necessary for some engineering studies because of the drainage problem in the adjacent property extending to approximately 100 feet West of Highland Avenue and draining the area to 16th Street. Those engin- eering studies will have to be made before we oan make the report. The property owner was very cooperative and he will be submitting within the next month or two his tentative plans for the development of the six acres. COMMUNICATION FROM J. DEKEMA, DISTRICT ENGINEER, DIVISION OF HIGHWAYS was read, stating attached is a copy of a letter which has: been addressed to the Mayor and City Council regarding studies which have been commenced on legislative route No. 280. A map is enclosed show- ing the general location of this route and they will be happy to dis- cuss it with the Council at any time. Public meetings will be held to discuss the problems involved before any decisions are made. Attention is called to the provisions of Section 75.5 of the Streets and Highway Code, and will be pleased to include in our studies any information the City can make available in regard to community values, local public facilities and street problems. CITY MANAGER BIRD recom- mended a copy of this letter and the map be made and r eferred to the Planning Department and to the Engineering Department so they may have a report available when the Council receives the mentioned letter from the Division of Highways. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated almost two years ago the City Managers involved submitted a document on the administrative level to the United States Government. Subsequently we have submitted, and it was finally crystallized by the application of Congressman Wilson, con- curred in by Congressman Utt, on the study of the drainage problem in the Sweetwater basin. We have been notified, unofficially, by the Corps of Army Engineers, Los Angeles Division, to prepare certain exhibits, certain agenda, for thepurpose of substantiating our posi- tion in this matter. What we are attempting to do, and what we are working on at the present time is a joint brief to be presented to the Army Engineers at the hearing which will be held May 25th in the Civic Center, which is a tentative date established, so the City of 3-8-60 331 Chula Vista, City of national City, County of San Diego, City of Coro- nado, aid the City of San Diego will be asking with a solid front for the same thing in the over all plan. Jean Vincenz, Director of Pub- lic Works, a former Army Corps Engineer, is meeting with Mr. Fulwiler and the City Manager on Friday, for the purpose of alerting us as to what historical documents, if any, what claims, if any, the City of National City, the City of Chula Vista, may perhaps have in relation to the flood basin of the Sweetwater Valley. Also the Director of Planning of the Corps of Engineers will be present alerting us as to that which we would like to have in relation to deep water, estab- lishment of bulk head lines, etc. All of this will come back to City Council when it is packaged for the Council's review, suggestions, comments and approval, and perhaps placing one or all of the Oounoil on the agenda to appear before the Corps of Engineers at its hearing. Mr. Bird said he made the suggestion, and it was concurred in, that the route or the ohannelization would be decided by the Army Engin- eers; which is the money the Federal Government appropriated to make the study. It is definitely a portion of the study if we Can get the project open. Our request is for the Federal Government to make the study and Engineers to come up with the answer, and also the Federal Government to put up the money. Mr. Bird stated the criteria which we will have to meet to substantiate our claim with the Federal Gov- eenment is going to take a considerable amount of research. COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating the Commission recommends all employees of the City, except department heads, should be under Civil Service, and recommended Ordinance No. 712, Section 5, be amended as follows: L. All employees of the City Manager's Office on regular full time duty, except the City Manager and Assistant City Manager, be b]a nketed into Civil Service; M. All employees of the Building Inspection Department on regular full time duty, except the Building Inspector, be blanketed into Civil Service; N. A11 employees of the Planning Department on regular full time duty, except the City Planner, be blanketed into Civil Service; O. All employees of the Engineering Department on regular full time duty, except the City Engineer, be blanketed into Civil Service; P. All those employees of Olivewood Housing on regular full time duty and not now under Civil Service, except the Director of Housing, be blanketed into Civil Service. Moved by Hart, seconded by Allen, the recommendation of the Civil Service Commission be approved. MnYOR HOLLINGSWORTH stated she did not understand wby the.i,ssistannt City Engineer was included in this recommendation, when the City Manager and Assistant City Manager were not included. Mayor Hollingsworth 3-8-60 332 stated she did not think the Engineering Department should be under Civil Service. Also she did not think the Housing Department diould be under Civil Service; and she is violently opposed to this request by the Civil Service Commission. COUNCILMAN ALLEN stated he believed we should have everyone under Civil Service and when, and if, the time comes we need to abolish some positions we can. COUNCILMAN FESSMiN stated he agreed with Mayor Hollingsworth. He thought it was ridicu- lous that any employer, and that includes the City of National City, has to be saddled with all the red tape and regulations imposed by Civil Service for 155 or 160 employees. The ends, desires and goals for Civil Service could have been met other ways to protect the employees in their jobs; given them job protection which was what the thing was originally started for very adequately without making the management and superintendents, etc. go through all the regulations and disadvantages of having Civil Service, MAYOR HOLLINGSWORTH stated she is definitely not in favor of the present Civil Service laws we have and are operating under at the present time, that she believes everyone should be on a merit system. Carried, by the following vote to -wit: Ayes: Allen, Hart, Reid. Nays: Fessman, Hollingsworth. CITY MANAGER BIRD suggested the City Council, in view of what has been said today, invite the Civil Service Commission and you sit down together and look at your employment problem with the view in mind of having your Civil Service Commission tome forth with recommendations to strengthen their activity in protectiveness to the employee, and also in protecting the public as to a return for a dollar's wages and services. When we spend a dollar we want a dollar returned of ser- vices. It is time the Council should meet with the Civil Service Commission, invite them, or have them invite you, and discuss your employment problems, particularly in face of that of which we have now been referring to the Civil Service Commission on the fair prac- tice employment act. There are various things in this act that should be discussed. Moved by Hart, seconded by Allen, the City Attorney be instructed to change the Civil Service Ordinance in accordance with the recommendations of the Commission. Carried, by the following vote to -wit: byes: Allen, Hart, Reid. Nays: Fessman, Hollingsworth. Moved by Allen, seconded by Hart, the Mayor, or someone whom she instructs to do so, try to get a meeting as soon as possible with the Civil Service Commission to thrash out this thing relative to the fair practice employment act after we have had a chance to read it; and the Mayor notify the Council even if a special meeting is neces- sary. Carried, all the Council present voting aye. 3-8-60 333 CITY CLERK ALSTON presented the Affidavit of Publication of Ordinance Noo 968 Authorizing the Assignment and Execution of a Lease for Par- cel No. 10 of National City Tidelands. Moved by Allen, seconded by Reid, the affidavit be filed. Carried, all the Council present vot- ing aye. OOUNCILMLN FESSMAN, Chairman of the Harbor Committee, stated there is a request before the Committee and would like to have the Committee meet this week if possible. Mr. Fessman stated he would call the Committee either Thursday or Friday and set a time for them to meet. Moved by Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:57 p.m. ATTEST;: 4� ITY CLERK 3-8-60