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HomeMy WebLinkAbout1959 09-22 CC MIN102 National City, California, September 22, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 Y.M. o'clock. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Curran, Gautereaux, Holgate-Eerr, Lill, 0sburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by Acting City Manager Osborn, followed with invocation by Rev. Perkins. Moved by Hollingsworth, seconded by Alien, the minutes of the regular meeting of September 15, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7600 was read, accepting a Covenant Running With Land from Ernest W. and June E. Freeman. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Counoil present voting aye. RESOLUTION NO. 7601 was read, granting a special zone variance per- mit to San Diego and Arizona Railway Company for the purpose of enlarging an existing salvage yard to the adjoining property. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Pessman, Hart, Hollingsworth, Hodge. Nays: Allen. ORDINANCE NO. , "AN ORDINANCE OF THE CITY OF NATIONAL CITY CALLING A SPECIAL ELECTION TO BE HELD ON THE 10th DAY OF NOVEMBER, 1959, PERTAINING TO THE ANNEXATION OF "SWEETWATER ANNEXATION UNIT NO. 1" TO THE CITY OF NATIONAL CITY," was presented for the second and final reading. Moved by Fessman, seconded by Hart, the Ordi- nance be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 956, "AN ORDINANCE OF THE CITY OF NATIONAL CITY CALL- ING A SPECIAL ELECTION TO BE HELD ON THE 10th DAY OF NOVEMBER, 1959, PERTAINING TO THE ANNEXATION OF "SWEETWATER ANNEXATION UNIT NO. 1" TO THE CITY OF/NATIONAL CITY." Moved by Hart, seconded by Fessman, the Ordinance be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN reported M. G. White -Starke Insurance Company issued a certificate of policies in the name of C. S. and Wallace G. Johnson, a co -partnership which satisfy the requirements of the partnership, pursuant to its contract for furnishing and servicing refuse recep- tacles, and recommended the certificate be filed. Moved by Hart, 9/22/59 103 seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Milton R. Cheverton Company has issued a certificate of insurance showing that Joseph F. and Marjory T. Connolly have public liability and property damage insurance swffi- oient to satisfy the requirements of the Building Department, and recommended the certificate be filed. Moved by Allen, seconded by Fessman, the City Attorneys recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated there was referred to him the question as to whether or not the City of National City would have any right to refuse to give its sewer services for areas which are presently served outside the City limits of National City, and which become a part of some City other than National City. It seems clear, as a matter of law, that in such event the City of National City would have no obligation to allow such property to use its sewer services and therefore would have the right to determine that at any time the service could be terminated. CITY ATTORNEY CURRAN stated during the time he was on vacation the City Council passed a resolution authorizing Thomas P. Golden to act in certain instances on behalf of the City Attorney. In going over the resolution it is believed we could have a broader resolu- tion if it was changed so Mr. Golden was appointed Deputy City Attorney under the same conditions, at no extra compensation, and requested the Council authorize such a resolution be prepared. Moved by Hollingsworth, seconded by Fessman, the Attorney be autho- rized to prepare the resolution. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen. ATTORNEY CURRAN stated last week the Public Utilities Commission in San Diego conducted a hearing on Application No. 41117 which was made by the California Water and Telephone Company. At the start of the hearing, the City Attorney, for the first time received a copy of the application which the California Water and Telephone Company had filed. The application was with reference to numerous contracts which had been entered into since February 1, 1959 by the California Water and Telephone Company with various subdividers of land. Some of those contracts were attached to the application. During the hearing the evidence showed the Company was also seeking to have the Public Utilities Commission indirectly, at least, approve contracts which had been executed prior to February 1st of this year. The evidence showed that since 1954 the California Water and Telephone Company has seJured, in round figures, one and one- half million dollars from subdividers in National City and the 9/22/59 104 South Bay Irrigation District for the purpose of making extensions to the California Water and Telephone Company's line. The subdi- viders were unable to receive water extensions, pursuant to the main extension rule, which the Water Company has on file, and it was necessary, in order to receive water to develop the land to enter into the agreement. The point at issue is the clause in these agreements that the money which the subdivider advanced to the Com- pany would never be refunded. Had the land been served, according to the main extension rule of the Company, it would have been man- datory that the money paid to the Water Company would be refunded. The Supreme Court of California, in February of this year, ruled that contracts, such as those before the Commission in this case, which did not provide for any refund were illegal* As a result of the decision by the Supreme Court holding these contracts which do not provide for refund are illegal, the Public Utilities Commission is going to have to decide whether or not the California Water and Telephone Company will be allowed to keep the one and one-half million dollars that it has required these subdividers to deposit with it as the cost of building these main extensions. The exten- sions are carried on the books of the California Water and Telephone Company, therefore it becomes very evident that in the event of condemnation of the Sweetwater System, it is very important as to how the Public Utilities Commission rules on this application because of the way the one and one-half million dollars worth of assets will have to be treated. Attorney Curran stated he will report further on this matter when the Public Utilities Commission, which is meeting today, decides as to how this matter shall be submitted to the Commission. WILBUR BRADLEY, 170 E. 31st Street, Chairman, Unified School District Feasibility Committee, was present and talked in regard to the re- port which is an file in the City Clerk's office. It was the think- ing of the Committee it would not be to the financial advantage of National City to attempt to withdraw from the Sweetwater District and form a unified district at the present time. HEARING ON PROPOSED HOBSON ANNEXATION was held at this time. CITY CLERK ALSTON stated she received no written protests, and no one was present in regard to the annexation. Moved by Allen, seconded by Fessman, the hearing be closed, and referred to the City Attorney for preparation of the annexation. Carried, all the Council present voting aye. 9/22/59 105 COUNCILMAN ALLEN stated he received two complaints in regard to trash cans. The trash cans in front of property at 13th and Cool- idge remain on the street, and the cans at 8th and Palm at the Standard Station are never put away. COUNCILMAN ALLEN stated Mr. Egger was desirous of knowing what is being done about the anti -noise ordinance, which he believed had been referred to the City Attorney. ATTORNEY CURRAN stated he is not sure just where that is, the City Manager and himself had some discussions in this regard and there was some work to be done and Mr. Bird had been compiling information on the subject. COUNCILMAN ALLEN stated a member of one of the committees of the Chamber of Commerce was very pleased with the Council's reaction to the recommendation they made in regard to the Freeway, and have gotten their teeth into doing some work along that line and wondered if there was not something the Council could recommend the Chamber do for us the same as they did for the Freeway. One thing mentioned was the possibility of having this committee try to obtain the deeds for Plaza Blvd. Moved by Allen, seconded by Hart, this committee check with the City Manager on what properties we need the deeds for Plaza Blvd., and if they are willing to donate their time have them work on it. Carried, all the Council present voting aye. APPOINTMENT OF MEMBER TO FILL VACANCY ON PARK AND RECREATION ADVISORY BOARD was presented. MAYOR HODGE stated if the Council approved, he would like to appoint James Cheneweth, owner and manager of Valley View Sanitarium and Rest Home. Moved by Fessman, seconded by Hollings- worth, the Mayor be authorized to appoint James Cheneweth on this Board. Carried, by the following vote to -wit: Ayes; Allen, Fess- man, Hart, Hollingsworth, Hodge. Nays: None. CITY CLERK ALSTON reported the following bods were opened September 21st for the Improvement of Raehael Avenue from 6th Street to 8th Street, 1911 Act: GRIFFITH COMPANY, $20,067.58; V. R. TENNIS CON- STRUCTION COMPANY, $19,944.61; R. E. HAZARD CONTRACTING COMPANY, $20,570.38; DALEY CORP., $20,645.20. CITY CLERK ALSTON stated the Council authorized by resolution the Macro Corporation pay the City $6,000.00 for release of some property. We have the Deed of Trust Note which had to be returned to the bank, and recommended it be referred to the Attorney to check for approval. Moved by Fessman, seconded by Hart, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. 9/22/59 106 PROCLAMATION OF P. T. A. declaring October 4th to 10th as Parent Teacher Membership Week, was presented, requesting the Mayor to so proclaim. CITY CLERK ALSTON reported this morning she received a verified claim against the City from Jeanne M. Dell, and has been referred to the Attorney. Mrs. Alston requested confirmation of the referral. Moved by Hart, seconded by Allen, the claim be referred to the Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON stated this morning she received another verified claim from Marcel Becerra against the City, and recommended it be referred to the City Attorney. Moved by Allen, seconded by Hart, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication for adver- tising for bids on Rachael Avenue from 6th Street to 8th Street, Moved by Fessman, seconded by Hart, the Affidavit be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the contract has been signed with Pace Construction Company for the El Toyon Park Storm Drain. CITY ENGINEER LILL recommended the contract for the Improvement of Rachael ,venue from 6th Street to 8th Street be awarded to V. R. Dennis Construction Company, as low bidder. Moved by Allen, seconded by Hart, the recommendation of the City Engineer be approved. Car- ried, all the Council present voting aye. ACTING CITY MANAGER OSBURN presented a verified claim against the City from Joaquin and Cora Garciao and recommended it be referred to the City Attorney. Moved by Hart, seconded by Allen, the claim be referred to the City Attorney. Carried, all the Council present voting aye. COMMUNICATION FROM MACCO CORPORATION was read stating they are en- closing a check in the amount of $216,000.00 to cover the cost of approxnately thirty-six acres at $6,000.00 per acre. With this commnrication there was a Request for Partial Reoonveyance of 35.57 acres. ACTING CITY MANAGER OSBURN recommended it be referred to the Attorney for preparation of a resolution. Moved by Hart, secon- ded by Fessman, the recommendation be approved. Carried, all the Council present voting aye. COMMUNICATION FROM WALT H. SELPH, General Contractor on the Comfort Stations, was presented, requesting he be granted permission to change sub -electrical contractors to Federal Electric Company from 9/22/59 107 Dale Jones Electric Company. COMMUNICATION FROM B. J. GAUTEREAUX, Special Building Inspector, recommended the request be granted. Moved by Hart, seconded by Fessman, the request be granted. Carried, all the Council present voting aye. COMMUNICATION FROM HOUSING DIRECTOR GAUTEREAUX was read, stating Philip A. Gilbert, Stock -Clerk Foreman, Olivewood Housing, after several weeks of illness returned to work September 14th and worked through the 18th. During this period he was observed as to his physical abilities and it is Mr. Gautereaux's determination Mr. Gilbert is unqualified physically to perform the position for which he was hired, and further he is need of medical attention. Mr. Gilbert is being notified of his inability to fulfill his position obligation and will be separated from his duties as of September 21, 1959. A STATEMENT FROM THE DOCTOR was read, recommending limited occupational activities. ACTING CITY MANAGER OSBURN presented a proposed contract between the Chamber of Commerce and the City of National City for the Chamber to act as advertising agent for the City for a period of one year, and recommended it be referred to the Attorney for check- ing and preparation of a resolution. Moved by Allen, seconded by Hart, the recommendation of Acting City Manager Osburn be approved. Carried, all the Council present voting aye. COUNCILMAN FESSMAN asked if the communication from Mr. Gilbert's doctor gave any indication Mr. Gilbert would be capable in a certain length of time to resume his position, and if he is being taken care of by the City's group insurance. HOUSING DIRECTOR GAUTEREAUX was present and stated Mr. Gilbert has been under medical treatment for some time, and the Doctor stated he should not return to work as yet, but Mr. Gilbert said he would like to return. Mr. Gautereaux stated he did not know about the insurance. Moved by Fessman, se- conded by Hart, the matter be referred to the City Manager and City Attorney to ascertain that all of the rights of Mr. Gilbert, as a disabled employee, be protected in any way possible before he is terminated, so when he is terminated everything will have been done to have seen to it that he has had those rights. MR. GAUTEREAUX recommended the Council extend to Mr. Gilbert sick leave without pay. Councilman Fessman, with the approval of Councilman Hart, incorporated'in their motion that Mr. Gilbert be retained on the payroll as being on sick leave without pay until this ratter is determined. Carried, all the Council present voting aye. 9/22/59 108 ACTING CITY MANAGER OSBURN presented two deeds and easement on Plaza Blvd. from Bird and Wicklund, and recommended they be re- ferred to the City Attorney for preparation of a resolution. Moved by Allen, seconded by Fessman, the recommendation be approved. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for period ending August 31st was presented. Moved by Hart, seconded by Fessman, the report be filed. Carried, all the Council present voting aye. COMMUNICATION PROM MUNICIPAL EMPLOYEES ASSOCIATION was read, sub- mitting the following two names for the Council's consideration to fill the vacancy on the Civil Service Commission: Phillip Hussey and Jack Trease. Moved by Alien, seconded by Fessman, the names be submitted to the Mayor for consideration. Carried, all the Counoil present voting aye. RESIGNATION OF WILL.RD G: BARRETT, Draftsman II, effective October 22, 1959, was read. Mood by Fessman, seconded by Allen, the re- signation be accepted. Carried, all the Council present voting aye. COMMUNICATION TION FROM T'. T. A. EXECUTIVE BOARD OF GRANGER JUNIOR HIGH SCHOOL, was read, requesting the municipal pool remain open all year. Moved by Fessman, seconded by Allen, the letter be answered and suggested to the P. T. A. group that they contact the High School and the School Board and they get together with the City to help keep that pcol open. Carried, all the Council present voting aye. CITY CLERK ALSTON asked who the Council wished to write the letter. COUNCILMAN FESSMAN said the Manager's Office would answer the letter, they received it. SUPT. OF PARKS AND RECREATION G1.UTERE.r,UX stated arrangements have been made for a meeting tomorrow in his office for working out a detailed schedule for use of the pool by the High Schools, both Junior and Senior. COMMUNICATION FROM JUNIOR CHAMBER OF COMMERCE was read, which stated they have officially accepted the proposed new Civic Center as its number one oonmunitr project; and request the tentative site located between 13th and 15th Streets on "D" Avenue be accepted for the building site. They also request the Council take immediate steps to engage the services of a consulting architectural firm to prepare building plans and costs. Moved by Allen, seconded by Iiart, the letter be referred to the City Manager for a report as to when, and what we can do about it. The site has been tentatively approved. Carried, all the Council present voting aye. 9/22/59 109 COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, submitting revised job specifications for the position of Fire Dispatcher. Secretary; which were agreed upon by Chief Bailey and the Civil Service Commission. Moved by Allen, seconded by Hart, the recom- mendation of the Civil Service Commission be approved. Carried, all the Council present voting aye. COMMUNICATION PROM THE CIVIL SERVICE COMMISSION was read, submitting for approval the added requirements of "May be assigned to duty in charge of the Fire Prevention Bureau as Fire Marshal by the Chief of the are Department; and/or to the Alarm Bureau" for the job specification of Fire Captain. Also, the added requirements of "May be assigned to fire inspection duties in the Fire Prevention Bureau; and/or to the Alarm Bureau" for the job specifications of Fireman Engineer and Fireman. Moved by Allen, seconded by Hart, the recommendation of the Civil Srvice Commission be approved. Carried, all the Council present voting aye. COTY UNICATION FROM CIVIL SERVICE COMMISSION was read, stating the term. of Nels Berge as a member of the Commission will expire Sep- tember 30, 1959, therefore an appointment on or before that date is in order. Moved by Allen, seconded by Hart, the recommendation be accepted and referred to the Mayor. Carried, all the Council present voting aye. COUNCILMAN ,.LLEN stated since the letters corning to the Council are read by the City Manager instead of the City Clerk, he would like to have the agenda rearranged. Moved by Allen, seconded by Hart, the City Manager's spot on the agenda be moved to number five spot on the reports, arad that the Planning Commission, which is number 5 on the reports be moved up to number 3, which would be under Traffic Safety Committee, so all the Commissions would be in one pin.ce. MAYOR HODGE stated the Council did not arrange the agenda, the City Clerk and City Manager can get together and change it if they so wished. Motion lost, by the following vote to -wit: Ayes: :Alen, Hart, Nays: Fessman, Hollingsworth, Hodge. RESOLUTION NO. 7602 was read, "RESOLUTION OF AWARD OF CONTRACT (Rachael .P,ver_ue from 6th Street to 8th Street) ." Moved by Hart, seconded by Fesman, the Resolution be adopted. Carried, all the Concil present voting aye.. RESOLUTION NO, 7603 was read, authorizing the Mayor and the City Clerk and Bank of America National Trust and Savings Association, as trustee under deed of trust, to execute any and all documents 9/22/59 110 necessary in order to effect a reconveyance to National City Development Company, et al, of all that certain property described in Exhibit A attached to said Resolution and by reference made a part hereof. Moved by Pessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. Moved by Fessman, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:50 P.M. /> ,/ MAYOR, CITY OP NATIONi.L CITY, CI,LIPORNIA CITti CLERK 9/22/59