HomeMy WebLinkAbout1959 12-22 CC MIN2 i6
National City, California, December 22, 1959
Regular meeting of the City Council was called to order by Mayor
Hodge at 1:30 P.M. o'clock. Council members presents Allen,
Fessman, Hart, Hollingsworth, Hodge. Council members absents None*
ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux,
Lill, Stockman.
The meeting was opened with pledge of allegiance to the Flag by
City Manager Bird, followed with invocation by Park Supt.
Gautereaux.
Moved by Fessman, seconded by Hart, the minutes of the regular
meeting of December 15, 1959, be approved. Carried,- all the ooun-
oil present voting aye.
RESOLUTION Ms.. 7657 was read, accepting an easement and grant -deed
from Hope A. Rynq; easement and grant deed from Edwin T. and
Frances R. Milligan; grant deed from Elizabeth W. Sears, Guy C.
and Constance C. Wilson. Moved by Hart, seconded by Fessman, the
Resolution be adopted. Carried, all the Council present voting aye.
ORDINANCE BO. � , "AN ORDINANCE AMENDING NATIONAL CITY ORDINANCE
N0. 891 REGULATING THE iRRPING OF BIRDS AND ANIMALS," was pte-
sented for the first 'reading, and read in full.
ORDINANCE N0. , "AN ORDINANCE GIVING NOTICE OF INTENTION TO
VACATE AND CLOSE VARIOUS STREETS AND ALLEYS IN NATIONAL CITY,"
was presented for the second and final reading. Moved by Allen,
seconded by Hart, the Ordinance be adopted by title only. Car-
ried, all the Council present voting aye.
ORDINANCE N0. 964, "AN ORDINANCE GIVING NOTICE OF -INTENTION TO
VACATE AND CLOSE VARIOUS STREETS AND ALLEYS IN NATIONAL CITY."
Moved by Hart, seconded by Fessman, the Ordinance be adopted.
Carried, all the Council present voting aye.
ATTORNEY CURRAN reported American Fidelity & Casualty Co. has
served notice of cancellation of Pep's Kerosene & Distillate
Service, Policy No. AL-46019, and recommended the City Clerk
serve formal notice on Pep's Kerosene & Distillate Service the
notice of cancellation has been received and pursuant to the
lease with City of National City it will be necessary to have
for the approval of the Council a new policy in effect according
to the provisions of the lease prior to the expiration date of
the policy. Moved by Allen, seconded by Hart, the recommendation
of the City Attorney be approved. Carried, all the Council
present voting aye.
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207
ATTORNEY CURRAN stated December 15th when he was -in Sacramento
the Fact Finding Committee on Education devoted the entire day
to hearing testimony with reference to the proposal submitted
by the California Library Association, which resulted in AB 1985
that was defeated in the last session of the Legislature. Many
past and present officials of the California Library Association
appeared with reference to the proposed legislation. In answer
to a question by the Chairman, the Chief Draftsman of the Bill,
replied he did not think the legislation would be effective
unless the State did appropriate money for furtherance of the
policy proposed. This concession on the part of the California
Library Association pin points the issue which is whether or not
the Legislature of California for the first time is going to use
State funds to build up public libraries in the State of Califor-
nia. Attorney Curran stated he was on the agenda to testify,
also the Executive Director of the League of California Cities,
Richard Carpenter, testified. The position of the League was
made clear in this regard and the conclusion of the Executive
Director was that cities have not shown sufficient interest in
the matter to warrant any change in the law at this time, A`
report will be- made to the National City Library Board'and they
will have a`year in which to keep -a record of developments` and
also to oome up with proposals of their own in the event it
should be determined as a matter of policy by the State Legisla-
ture that State funds should be used for furthering public'
libraries. It would also seem those cities -that desire should
communicate with the League of California Cities so the position
of the various cities could be known, and he is sure it will be
proposed by the Library Board.
ATTORNEY CURRAN stated with reference to the question received
as to whether, or not the Michigan Surety Company of Lansing,
Michigan,, was. authorized to write 1911 Act Improvement Bonds,.
investigation by the City,, Attorney has revealed at,the present
time this -company is operating under a. court order and is not
transacting any new. businesses in the State of California., The
City Attorney will adviee the author of the communication, to
that.,effect.
ATTORNEY CURRAN stated he has previously reported on -the
activities of the'Assembly Interim Committee on Public Utilities
and Corporations,` and he now has a -notice that -Committee -will,
hold a hearing with -reference to the installation and relocation
of utility facilities on January 13, 1960 in Los Angeles, and
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208
requested permission to appear at this Committee hearing on behalf
of the City of National City. Moved by Fessman, seconded by Hart,
the Attorney's request to appear at the hearing in Los Angeles be
approved. Carried, all the Council present voting aye.
CITY CLERK ALSTON reported the following bids were opened
December 21st for a truck: INTERNATIONAL HARVESTER CO., $2,279.68;
CITY MOTORS, $1,933.72; STANLEY-DODGE, INC., $2,066.43. The fol-
lowing bids were opened for a car for the Fire Department; CITY
MOTORS, $2,106.04; STANLEY-DODGE, INC., $2,147.20. Moved by Hart,
seconded by Fessman, the bids be referred to the City Manager.
Carried, all the Council present voting aye.
COUNCILMAN ALLEN stated he wished to know if we have a report from
the City Attorney relative to the legality of the new zoning ordi-
nance and zoning map. ATTORNEY CURRAN stated there is no problem
as to the legality of the procedure which was adopted by the
Council in repealing Ordinance No. 750 and adopting a new zoning
ordinance. The Appellate Court of the State in a very recent
opinion ruled on that point, and it is very clear that the pro-
cedure adopted by the Council is not only proper, but is the only
proper procedure.
CITY MANAGER BIRD stated the Council received Christmas cards
from the City of Escondido; City of Oceanside; City of Coronado
and the Board of Supervisors.
CITY MANAGER BIRD presented a grant deed for a portion of 17th
Street East of Palm Avenue and recommended it be accepted and the
Attorney be authorized to prepare the necessary resolution.
Moved by Hart, seconded by Pessman, the recommendation of the
City Manager be approved. Carried, by the following vote to -wit:
Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None.
RESOLUTION NO. 7658 was read, authorizing the transfer of $62.91
from the Trust & Agency Fund to the General Fund (Balance of
Subdividers deposit for Engineering services as per Ordinance
No. 873 - Graham & Bonamo #2 Subdivision);. Moved by Hart,
seconded by Alien, the Resolution be adopted. Carried, all the
Council present voting aye.
COMMUNICATION FROM DEPARTMENT OF JUSTICE was presented, calling
the attention that under Section 21 of the Constitution of the
State of California under Government Code Section 12524 when the
Attorney General of the State calls a conference of police chiefs
and sheriffs for the purpose of discussing police matters perti-
nent to the State of California it is the duty of the city from
12/22/59
which the chief is called to be sure and see that he her
grata there
and his expenses paid. Moved by Allen, seconded by Hart, that
such instances as those be left up to the expediency of the City
Merger. Carried, by the following vote to -wit: Ayres: Allen,
Hart, Hollingsworth. Nays: Hodge. Councilman Fessman abstained
from voting.
COMMUNICATION FROM CHIEF OP POLICE SMITH was read, stating in
view of his retirement at which time Capt. J. B. Owen will be
Acting Chief of Police, it was requested consideration be given
the appointment of an additional Lieutenant as quickly as pos-
sible, provided the necessary funds are available. COMMUNICATION
FROM CAPT. J. E. OWEN was read, stating, pursuant to the letter
of Police Chief Smith concerning the appointment of an additional
Lieutenant of Police, it was requested Sgt. James R. Crowell, vh o
is the first candidate on the present Civil Service list be made
Acting Lieut. as of January 1, 1960. CITY MANAGER BIRD recom-
mended the request be granted, the funds will be available.
Moved by Hart, seconded by Fessman, the recommendation of the
City Manager be approved. Carried, all the Council present
voting aye.
COMMUNICATION FROM CHIEF OF POLICE SMITH was read, recommending
the acceptance of the resignation of Elmer W. Lahti, Patrolman,
effective December 18, 1959. LETTER OF RESIGNATION FROM ELMER
W. LAHTI was read, stating due to personal business it was
requested his resignation be accepted. CITY MANAGER BIRD recom-
mended the resignation be received and placed on file. Moved by
Hart, seconded by Allen, the recommendation of the City Manager
be approved. Carried, all the Council present voting aye.
REPORT FROM BUILDING DEPARTMENT relative to the County Ordinance
No. 1986 (New Series) was read, stating the new ordinance regu-
lates the installation, alteration, repair and use of plumbing
waste and vent systems in the unincorporated areas of San Diego
County. CITY MANAGER BIRD recommended the report be received
and filed. Moved by Hart, seconded by Fessman, the recommenda-
tion of the City Manager be approved. Carried, all the Council
present voting aye.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, reoommend-
ing that Philip A. Gilbert, who resigned as Stock Clerk Foreman,
0livewood Housing, effective December 11, 1959, be placed on the
reserve list for that position. Moved by Hart, seconded by Allen,
the recommendation of the Civil Service Commission be approved.
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210
Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart,
Hodge, Nays: Hollingsworth.
COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, recommending
Lois Laramore, who resigned as Senior Bookkeeping Machine operator,
effective January 7, 1960, be placed on the reserve list for that
position. Moved by Allen, seconded by Hart, the recommendation of
the Civil Service Commission be approved. Carried, by the following
vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Pessman, Hollingsworth.
CITY MANAGER BIRD stated in regard to the bids received for the car
for the Fire Department it was his recommendation the low bid of
City Motors in the amount of $2,106.04 be accepted and the City
Manager be authorized to issue a purchase order, and the City Clerk
be authorized to return the cashier's checks to the unsuccessful
bidders. Moved by Hart, seconded by Pessman, the recommendation of
the City Manager be approved. Carried, all the Council present
voting aye.
CITY MANAGER BIRD stated in regard to the bids received for the
truck for the Street Dept., Painting Division, it was his r eoommen-
dation the low bid of $1,933.72 of City Motors be accepted, and the
City Manager be authorized to issue a purchase order for same, and
the City Mark be, authorized to return the oashier's checks to the
unsuccessful bidders. Moved by Pessman, seconded by Hart, the
recommendation of the City Manager be approved. Carried, all the
Council present voting aye.
COMMUNICATION PROM MRS. JOSEPH KEMP, CHAIRMAN OF PARK & RECREATION
ADVISORY BOARD was read, stating representatives from the Board
would like time to speak at the December 22nd Council meeting,
Members representing the Board will be Jay Sutcliff, Gene Pedersen
and Harold Spaulding.
COMMUNICATION PROM DR. J. B. ASKEW, DIRECTOR OF PUBLIC HEALTH
addressed to Mrs. Kemp, was read, stating the department has inves-
tigated the proposal in regard to the installation of a boat launch -
ing ramp at the foot of 24th Street in National City, azd advised
against the establishment of a boat launching ramp at this location
until the contaminating discharges have been r emoved from the bay.
COMMUNICATION FROM PARK & RECREATION ADVISORY BOARD was read, stating
they recommend a portion of land at the foot of 24th Street be set
aside for future recreational use, after further study as to the
exact area. The Board feels the tidelands should be set aside for
recreational purposes even though at this time the bay is not fit
for such use. Moved by Allen, seconded by Hollingsworth, this be
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211
referred to the Harbor Committee for a meeting with the Park and
Recreation Advisory Board to see what they have in mind and what
can be done. Carried, all the Council present voting aye.
GENE PEDERSEN, a member of the Park and Recreation Advisory Board.
was present, and stated the Board is concerned as to its status,
and legality, MAYOR HODGE stated it is his opinion the Board
operates as an. advisory committee to certain problems that are
presented to the City pertaining to parks and recreation. ATTOR-
NEY CURRAN stated be thought there should be something in the
records of the City wherein rules and regulations for the acti-
vities of this Board shall be established and the field in which
they are to advise the Council be defined. The constitution and
bylaws which the Board has could be used as the dais for the
establishment of the rules and regulations. The rules and
regulations is something the City Council should prescribe.
Moved by Allen, seconded by Hart, this be referred to the City
Attorney for clarification and recommendation as to what the
Council should do in regard to the status of the Advisory Board.
CITY MANAGER BIRD stated at the meeting of December 8th the
matter was brought before the Council and a motion was made and
carried that it be referred to the City Manager and City Attor-
ney, and asked if it would not be possible to rescind the action
of December 8th. COUNCILMAN ALLEN, with the approval of his
second, COUNCILMAN HART, amended the motion by adding that the
action of December 8th referring the matter to the City Manager
and City Attorney, be rescinded. Carried, by the following vote
to -wits Ayess Alien, Hart, Hollingsworth. Nays: Fessman,
Hodge. MR. PEDERSEN stated there are two members of the Advisory
Board who do not live in National City, and wondered if it would
make any difference. MAYOR HODGE stated if the City Attorney
determines it is a Park and Recreation Advisory Board only._ it
would not make any difference, it can be anyone who is interested
in National City's welfare regardless of where they live. JAY
SUTCLIFFE, Member of the Advisory Board, was present, and stated
he started this turmoil, because he read in the paper they were
an illegal body, and he volunteered to serve on this Board to
help the City of National City, but he does not want to serve
on an illegally constituted body, and asked the Council to make
what they do as an advisory group legal.
CITY CLERK ALSTON stated she received an application for exca-►
vation permit by Flora P. Knight, 1431 "L" Avenue, and according
to ordinance she has referred it to the St. Supt., City Manager
and City Engineer.
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212
CITY CLERK ALSTON preeented the following documents: Affidavit
of Posting Notice of Award of Contract on 10th Street from
Roosevelt Avenue to Coolidge Avenue; Affidavit of Posting of Fil-
ing of Assessment and Fixing Time of Hearing for Harding Avenue
from 13th Street to 20th Street, and 20th Street from Harding
Avenue to Wilson Avenue; Affidavit of Mailing Notices of Hearing
on Harding Avenue from 13th Street to 20th Street, and 20th Street
from Harding Avenue to Wilson Avenue. Moved by Allen, seconded
by Hart, the documents be filed. Carried, all the Council present
voting aye.
CITY ENGINEER LILL reported the assessment for Improvement of
Rachael Avenue from 6th Street to 8th Street has been filed with
the City Clerk. Moved by Allen, seconded by Hart, the City
Engineer's report be accepted. Carried, all the Council present
voting eye.
Moved by Allen, seconded by Hart, the Meeting be closed. Carried,
all the Council present voting aye. Meeting closed at 2:27 P.M.
ATTEST:
i�
MA � �OITY OF NATO E CITY,
CALIFORNIA
12/22/59