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HomeMy WebLinkAbout1959 02-17 CC MIN291 National City, Calif,:znia, February 17, 1959 Regular meeting of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.M. o'clock. Council members present: Allen, Fessman, Hart, Hollingsworth. Council members absent: Hodge. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Li11, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manger Bird, followed with invocation by Mr. Alsdorf. Moved by Allen, seconded by Hart, the minutes of the regular meeting of February 10, 1959, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7417 was read, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REGARDING PROPOSED LIBRARY LEGISLATION." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollings- worth. Nays; None. Absent: Hodge. ATTORNEY CURRAN reported he lad a contract bend issued by Glens Falls Insurance Company, Bond No. 7h;O51, which guarantees the faithful per- formance of the contract between the City cf National City and Hobart Investment Company for the installation of improvements on the east half of Palm Avenue and west half of "R" Avenue and Ninth Street, and recommended the bond be approved and filed. Moved by Hart, seconded by Fessman, the recommendation of the City Attorney be approved. Car- ried, all the Council present voting aye. RESOLUTION NO. 7418 was read, approving and accepting a Contract Nil - Completion of Street Improvement between City of National City and Hobard Investment Co., dated February 9, 1959, and the Mayor is auth- orized and directed to execute the same for and on behalf of City of National City. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fess- man, Hart, Hollingsworth. Nays: None. Absent: Hodge. RESOLUTION NO. 7419 was read, accepting a grant deed for alley pur- poses and two grant deeds for street purposes from Johnson, Tyson & Lynds; easement from Hobart Investment Co. Moved by Hart, seconded by Allen, the Resolution be adcrted. Carried, by the following vote to -wit: Ayes: Allen, r'essmar_, Bart, Hollingsworth. Nays: None. Absent: Hodge. ORDINANCE NO. "AN ORDINANCE AMENDING NATIONAL CITY ORDINANCE NO. 712 TO PLACE ADDITIONAL PERSONNEL UNDER CIVIL SERVICE," was 2/17/59 292 presented for the first reading, and read in full. ATTORNEY CURRAN reported State Compensation Insurance Fund has filed a Certificate that Teyssier & Teyssier, Inc. has valid Workmen's Compensation Insurance Policy, and recommended it be filed. Moved by Hart, seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported National Automobile and Casualty Insurance Co. has served a cancellation notice of Sidewalk License Bond No. 32521 with Laurence R. Bloom dba B & B Contractors as principal, and recommended Mr. Bloom be advised to file a new bond in order to re- tain his sidewalk license permit in National City. Moved by Hart, seconded by Fessman, the recommerdation of the City Attorney be ap- proved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated he has considered the communication from the City of Chula Vista regarding the operation of Civil Code Section 710, and:it is his opinion the point raised by City Clerk Alston is well taken, and.be has conferred with the City Attorney of Chula Vista who has agreed to file separate notices in accordance with the usual procedure in this matter. ATTORNEY CURRAN reported there has been returned the duplicate or- iginal agreement between National City and California Water & Tele- phone Company, providing for the water main extension on the Tide- lands; the document should be given a number and filed. Moved by Fessman, seconded by Hart, the recommendation of the City Attorney be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the communication from Teyssier & Teyssier re- questing the bond which that corporation in order to avoid the with- holding of the sum of $27,946.97 pursuant to a claim of Reid's Plumb- ing and Heating Company, has been examined, and it is his recommend- ation the Clerk be authorized to notify Teyssier & Teyssier this bond can now be cancelled, but the original bond should be retained in the files of the City and not be returned. Moved by Fessman, seconded by Allen, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting a representative of the San Diego Gas & Electric Company requested the Council to pass a resolution to be submitted to the State Lpnds Commission. The re- quest is indefinite and uncertain, therefore, it was the Attorney's recommehdation the City Clerk be authorized to direct a communication to this representative requesting he set forth in writing exactly what he desires the City Council to consent to by such a proposed 2/17/59 293 resolution. Moved by Hart, seconded by Fessman, the recommendation of the City Attorney be approved, and a letter sent to the repre- sentative of the San Diego Gas & Electric Company. Carried, all the Council present voting aye. VINCENT DeLUCIA, 1930 Granger Avenue, was present, and stated the City has practically completed their work on Granger Avenue, and he wrote a letter to the City Manager in regard to the way the front of his property was left. Todate no action has been taken, and. he wish- ed to put the City on notice if there is an accident or anyone is hurt coming up his driveway, he is not going to shoulder all of the responsibility as the City has llad ample time to make the adjustments to his property. BILLS AUDITED BY THE FINANCE CC:uITTEE presented; General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Special Street Fund Right of Way Fund Payroll Fund $26,326.04 4,058.18 631.16 1,875.39 13.97 357.00 200.00 42,757.58 TOTAL $76,219.32 Moved by Allen, seconded by Hart, the bills be approved and warrants ordered drawn for same.. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. APPOINTMENT OF R.CREATION ADVISORY BOARD MEMBER was presented. Moved by Fessman, seconded by Hart, the matter be laid.over until Mayor Hodge is present. Carried, all the Gouncil present voting aye. REQUEST OF LIBRARY BOARD for additional travel account funds was pre- sented. CITY CLERK ALSTON stated she spoke to Mrs. Baeder in this regard, and Mrs. Baeder said she would have to wait until they had another Board meeting. Moved by !Ellen, seconded by Hart, this be laid over until such time as our request has been complied with; which was for a specific amount of funds. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Posting Notice of Filing Assessment and Fixing Time of Hearing Thereon on 20th Street, A & B Avenues; also the Affidavit of Mailing Notice of Hearing on Assess- ment, 20th Street, A & B Avenues. Moved by Hart, seconded by Alien, the Affidavits be filed. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for period ending January 31st was presented. Moved by Hart, seconded by Allen, the report be filed. Carried, all the Council present voting aye. 2/17/59 294 APPLICATION FOR TRANSFER OF ON -SALE GENERAL BEVERAGE, LICENSE of Sierra Room, 22 W. 8th Street, was presented. REPORT FROM POLICE CHIEF SMITH stated investigation fails to reveal any grounds for pro- test of this transfer of ownership. Moved by Hart, seconded by Al- len, the application be filed. Carried, all the Council present vot- ing aye. APPLICATION FOR TRANSFER OF ON -SALE BEER & WINE BEVERAGE LICENSE of National City Cafe, 816 National Avenue, was presented. REPORT FROM POLICE CHIEF SMITH stated investigation reveals no grounds for pro- test of this transfer of ownership. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF O;b-SPLE BEER BEVERAGE LICENSE by Sports- men's Inn, 2214 National Avenue, was presented. REPORT FROM POLICE CHIEF SMITH stated investigation reveals no grounds for protest of this application. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a copy of the resolution from the Board of Supervisors regarding property purchased by the City from Robert T. Ingle for drainage purposes. Moved by Hart, seconded by Allen, the resolution be filed. Carried, all the Council present voting aye. COMMUNICATION FROM IRENE PHILLIPS was read expressing her appreciat- ion to the Council members for the resolution passed in her behalf. Moved by Hart, seconded by Allen, the communication be filed. Carried all the Council present voting aye. COMMUNICATION FROM CARBOHAD CORPORATION INC. was read stating they render weed abatement and rubbish removal service to a number of cit- ies in Southern California, and will bid on any type of contract the City cares to offer. Moved by Fessman, seconded by Hart, the letter be referred to the City Manager and filed for his reference. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she received a copy of County Ordinance No. 1861 New Series in regard to prescribing procedure for obtaining per- mits from Health Department, payment of fees, etc., and recommended it be referred to the Attorney. Moved by Hart, seconded by Allen, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. COMMUNICATION FROM DEAN E. HOWELL, SUPERVISOR, FIFTH DISTRICT, BOARD OF SUPERVISORS, addressed to City Clerk Alston, was read regarding the City Council's request that study be made as to the possible obstruction being placed in the natural drain and water course east 2/17/59 295 of the area of Highland Avenue will go to the Board of Supervisors and to the proper authorities for investigation and report. Moved by Allen, seconded by Hart, the communication be filed. Carried, all the Council present voting aye. NOTICE OF SAN DIEGO COUNTY WATER AUTHORITY regarding committee meet- ing of the Board of Directors was read. The following meetings are scheduled for February 19th at 2:00 P.M., Finance and Insurance Com- mittee; 3:00 P.M., Water rroblems Committee; 5:00 P.M., Engineering and Operations Committee. Moved by Hart, seconded by Allen, thermt- ice be filed. Carried, all the Council present voting aye. COMMUNICATION FROM BLILDIPG INSPECTOR BIGGS was read stating in an effort to assist the Building Department in the recommendation of proposed legislation governing all phases of construction within the City of National City, it is desirable that a representative of the civil engineering profession be appointed as a member of the Building Board of Appeals; and recommended Wayne W. Smith, Registered Civil Engineer, 1814 Highland Avenue, be appointed to this position. Moved by Fessman, seconded by Hart, Wayne W. Smith be appointed as a member of the Building Board of Appeals, and the City Clerk be authorized to so notify Mr. Smith. Carried, all the Council present voting aye. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES was read stating at the last meeting, the Board of Directors voted that in the future, meeting announcements would b., sent to City Managers and City Clerks only. The Mayors requested that each City Clerk contact all of the city officials and determine how many will attend the meeting. Each City Clerk shall then call the City Clerk of the host city and make the necessary reservations. Reservations should be made with the host city not later than the Wednesday preceding the meeting. The next meeting will be held at Oceanside, Friday, February 20th at 7:15 P.M. CITY MANAGER BIRD stated it has been called to our attention that Res- olution No. 7403 regarding the bid of Russell P. Haas for the property which was sold to him, inadvertently stated the name of Richard P. Haas, and the escrow company would like to have the resolution amend- ed to read "Russell P. Haas". Moved by Allen, seconded by Hart, the City Clerk be authorized to accomplish the amendment by interlineat- ion on the original resolution. Carried, all the Council present vot- ing aye. COMMUNICATION FROM NATIONAL CITY HOME PROTECTIVE LEAGUE, INCORPORATED was read requesting the Council ?provide the League with a typed copy of the minutes of the Council _r: otings. Any expense involved will be met by the League. Moved by E'rt, seconded by Allen, the request be 2/17/59 296 granted. COUNCILMAN FESSMAN asked if the minutes are not available at the Clerk's office to anyone who wishes to read them. CITY CLERK ALSTON stated we keep a copy on the counter. COUNCILMAN FESSMAN said he thought we should have a few extra copies made and if anyone wants them they could come to the office and get them, but we should not have to mail the minutes to ar' one group. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays: Fessman. Absent: Hodge. CITY CLERK ALSTON stated there are several utility companies that pick up copies of the minutes, and asked if the Council as a matter of policy, would like to have these mailed to them. COUN- CILMAN ALLEN said if they request them to be mailed, it should be done. Moved by Hart, seconded by Allen, if any organization requests copies of the minutes be mailed to them, the City Clerk ask them to write a letter to the Council making this request. COUNCILMAN FESSMAN said he thought a charge of $6.00 a year would be proper if they are mail- ed. Councilman Hart, with the approval of Allen, amended the motion to include a charge of $6.00 a year if the minutes are mailed. Car- ried, all the Council present voting aye. CITY MANAGER BIRD said he would like to have the City Attorney auth- orized to bring suit against the City Motor Company for the damage which the City sustained in an accident over a year ago. One of our police cars was damaged, and we seem to be unable to make any collect- ion in the matter at the present time, and recommended the Attorney be authorized to handle the matter. Moved by Hart, seconded by Allen, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM CHTJLA VISTA I,'VESTML'NT COMPANY was read stating an escrow has been opened with them, Mr. Telker covering the sale of one of his lots described as Lot A, Block 4 of Willoughby's Subdivision. According to the records of the title company, the City of National City has a tax collector's deed on said property, dated July 2, 1940. It is the desire of the Chula Vista Investment Company to have this interest cleared, and asked they be furnished the necessary steps to be made so a clear title may be filed. CITY MANAGER BIRD recommended it be referred to the City Attorney. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read relative to petition for 1911 Improvement Act on Fig Court, west of Gilbert Lane. The petition was signed by two persons owning 60 percent of the frontage of the proper- ty adjoining the proposed improvement. This will be a difficult pro- ject to construct and will reqrire additional street dedication and expensive drainage facilities. It is believed the project is desirable 2/17/59 297 and should be authorized after the right of ways required are obtain- ed. CITY MANAGER BIRD recommended the City Engineer and City Manag- er's office be authorized to acquire, at no cost to the City, the right of ways needed, and the City Engineer when said right of ways are acquired and recorded, be authorized to proceed with the project. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye;, REPORT OF HEARING OFFICERS, WAYNE P. LILL, and JAMES A BIRD, on Hear- ing on Engineer's Report for the Improvement of "C" Avenue from 15th Street to 16th Street, was read. No written or oral protests were received, and no written protests were on file. It was recommended the project proceed under the 1911 Improvement Act procedures. Moved by Fessman, seconded by Hart, the recommendations of the City Engin- eer, and City Manager, as Hearing Officers, for 1911 Act ±'roceedings on "C" Avenue from 15th Street to 16th Street, be approved and pro- ceedings go on in the normal way. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read regarding Granger Avenue Storm Drain, recommending the work be accepted by the City and that a Not- ice of Completion be filed. CITY MANAGER BIRD recommended the report be accepted, and the City Attorney be authorized to prepare the nec- essary resolution. Moved by Fessman, seconded by Allen, the City Manager's recommendation be approved and a resolution be prepared. Carried, all the Council present voting aye, RESOLUTION NO. 7420 was read, authorizing the following transfer be made: from the Special Street Fund to the Traffic Safety Fund the sum of $10,000,00. Moved by Hart, seconded by Fessman, the Resolute ion be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 640 signed by Richard E. Dion relative to the property located at 1232 Earle Drive. Petitioner is request- ing permission to construct an additional single family residence on the rear of his lot, located in an R-1, Single Family Residence Dist- rict. It was the recommendation of the Commission the application be denied. Moved by Allen, seconded by Fessman, the recommendation of the Planning Commission be approved. Carried, all the Council pres- ent voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 641, signed by Clarence E. and Joan Carman relative to the property located at 1922 "A" Avenue. Petit- ioners are requesting permission to construct fourteen units on a 2/17/59 298 parcel of ground located in an R-4, Multiple Residence District, with 11,450 square feet. It was the recommendation of the Commission the Council grant the sane variance subject to the parking areas being brought up to approval by the Building Inspector at the time of the final inspection, and subject to the swimming pool being enclosed to protect the neighborhood children. Moved by Hart, seconded by Allen, the recommendation of the Planning Commission be approved, and re- ferred to the City Attorney for preparation of the resolution. Car- ried, all the Council present voting aye. COUNCILMAN FESSMAN stated there is a matter that should be considered by the Harbor Committee, and requested members of the Committee meet in the City Manager's office at the close of the Council meeting. COUNCILMAN FESSMAN stated he hy^ been asked by several citizens and business people in town to intrcauce a motion to welcome Montgomery Ward to National City. Moved by Fessman, seconded by Allen, a letter be written to Montgomery Ward expressing our appreciation that they have considered moving to National City, and that they are coming here and hope they are successful. The letter to be signed by the Mayor. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated he had a number of items to present, most of which will be action of the City Manager and some for the City Engin- eer. Twentieth Street, between Lanoitan and Granger, the contractor has piled up a lot of dirt, dug holes, the water has washed out places,. etc and there has not been a warning light or blockade of any descript- ion. Mr. Allen stated he would like to refer to the City Manager some method of coordination between departments. Some of the police- men, some sergeants and otherein the Police Department are not aware we have passed a resolution or ordinance establishing signs on the south side of 21st Street between National and "A" Avenues. We had several calls in regard to cars parking there, and the patrolman did not know the signs were there; that information should be given to the Chief of Police and seen it is passed on to the people working in the field. A lot of the men do not know of the new annexations to the City. Mr. Allen said he would like to have the City Attorney and City Manager, and any others come up with any information they might have in this regard: The uniform services in National City are com- plaining about not being able to find a suitable residential section to raise families; they want some acreage. They cannot understand why the two departments cannot have the same privilege of living out- side of National City as the others. Mr. Allen asked how much longer we will have to wait for the radio on the motorcycle. Mr. Allen stat- ed he challenged a police officer in regard to writing a citation which should have been written, and he said he knew if he wrote that 2/17/59 299 ticket he was going to have to take about two, or three or four hours time in court on his day off, or when he should be sleeping. He said he did not mind doing this except it would be added as overtime, and he should be able to take that off; but they never get the time to take their overtime off. Mr. Allen said.he thought the Council should give some consideration of the possibility of paying these people for the actual time they spend in court in uniform. Also someone should recheck the duties of the police officers under modern law and en- forcement rules against what we are doing on our antiquated rules, and a ratio per capita of officers be placed on our police department according to the census and according to the recommendations of the State Traffic bafety Committee. Mr. Allen stated he would like to have the City Attorney and City Manager to make a report to the Coun- cil in regard to the Dog Ordinance as pertaining to animals in our housing; that situation is getting very bad. Mr. Allen stated he wished to go to Los Angeles next Tuesday as his daughter is going to be commissioned an ensign in the Navy Nurse Corps. CITY MANAGER BIRD stated in regard to the Dog Ordinance, he saw no reason the City Manager or City Attorney should go counting dogs in the housing project, and therefore, he will refer this to the Housing Director and the Pound Master to give us the information for a report. COUNCILMAN ALLEN stated it seems there has been a disagreement be- tween the enforcement agency and housing manager in regard to this situation, and he would like to have it clarified as to what our or- dinance actually says, the number of dogs we can have, whether they must be on a leash, etc., and the circumstances as pertaining to the dogs in the housing. CITY MANAGER BIRD stated in regard to police overtime, that is a matter which should be referred to the budget committee on the forth coming budget. It is his understanding these police officers get their 15 working days off at their annual vacat- ion and their overtime at that time also, with the result some of the officers have been off as much as two months. The Council can either pay them or grant compensating time off, and as it is a budgetary mat- ter, Mr. Bird said he would r:quest it be referred to the forth com- ing budget committee. Mr. Bird stated in regard to the outside res- idence situation, it has been "on and off" for a number of years. Civil Service Rules and Regulations specifically state the person shall live within the City, but the Council itself, on its own pre- rogative, using its own jurisdiction, saw fit to waive that partic- ular section and, therefore, it has not been enforced. COUNCILMAN ALLEN said the question is not in regard to the Civil Service Ordin- ance, but the question is why are two particular groups in the employ of the City penalized into some rule and regulation where othere are not. CITY MANAGER BIRD stated at the time this was discussed before, 2/17/59 300 the City Council granted the alleviation from the rules and regulat- ions of Civil Service, further the department heads of the emergency service, at that time, were not in favor of having emergency men who were paid emergency pay to be without call because they are presumed to be on call twenty-four hours a day. It is a matter of the depart- ment heads. The Council has seen fit to waive, in the case of the others, the residential requirement. COUNCILMAN ALLEN stated he did not serve on the Council at that time, and he would like to have it revived, COUNCILMAN HART said.he thought there should be a limit how far out of the City they should be allowed to go, they shoal d be able to be on duty within a few minutes n3cessary; and perhaps should be with- in a ten mile radius of Natior..:. City. COUNCILMAN FESSMAN stated if the Fire Chief and Chief of Police have made a prohibition on their men living outside the city, for reasons of their own, it behooves the Council to accept their recommendation. City employees should be aware of the risk they are taking to put an investment outside of the City because no Council can assure that is going to be a contin- uous condition. Moved by Hart, seconded by Allen, this matter be laid over for two weeks until we have a full Council. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to 21st Street, the Chief of Police and Captain of Police are members of the Traffic Safety Commission who made the recommendation there should be a "no parking" area. COUNCILMAN ALLEN stated that is not the point, the point isthat nobody knows it but them. How is a man going to perform a job of policing if he does not know what he is po- licing; they must be told. CITY MANAGER BIRD stated we will attempt to notify all the department heads; we thought we had this pretty well covered by sending Council minutes to all department heads, set- ting forth all of vgrious actions, and the things of_pime importance he has sent an interdepartmental communication. In the matter of 20th Street, the City is putting lights on the street and working it out with the contractor to alleviate the condition. RESOLUTION NO. 7421 was read, accepting the work done by K. E. C. Company for Granger Avenue Storm Drain, filing of a Notice of Complet- ion is authorized, and payment for said work is to be made in accord- ance with the contract. Moved by- Hart, seconded by Allen, the Reso- lution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Aodge. COUNCILMAN ALLEN stated on Highland Avenue where his business is, ex- cept it is on the east side of Highland Avenue, and his business is on the west side, in starting th,e 1911 Act Improvement they have dug a big ditch and the rain has caused a bad condition. Some of the old 2/17/59 301 "no parking" signs on the east side of the street are still there and they are creating a little confusion, andhe did not think they should still be there. The signs on the west side of the street have been taken care of. Mr. Allen said he believed the Chief of Police is going to take care of the signs on the east side of Highland Avenue, Moved by Hart, seconded by Pessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:43 P.M. ATTEST: CITY CLERK YJ VICE MAYOR ,CITY OF NIONAL CITY, CALIF. 2/17/59