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HomeMy WebLinkAbout1958 09-02 CC MIN82 National City, California, September 2, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fessman, Hart, Hodge. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Afton, Bird, Curran, Gautereaux, Holgate, Lill, Smith. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Judge Harbison. Moved by Fessman, seconded by Hart, the minutes of the regular meeting of August 26, 1958, be approved. Carried, all the Council present voting aye. COUNCILWOMAN HOLLINGSWORTH present. ATTORNEY CURRAN recommended the adoption of resolutions be placed to the foot of the calendar. MAYOR HODGE turned the meeting over the City Manager for a special introduotion. CITY MANAGER BIRD stated he thought it appropriate at this time to introduce to the Council members and the public our new police offioers, Lieutenant Liesman, Sergeant Nosal, and Sergeant Hunter. ATTORNEY CURRAN stated the publisher and the attorney for The Indepen- dent contacted him. The publisher, last week, announced he planned to appear before the Council meeting and his attorney contacted Mr. Curran just before the meeting and desired to have the matter brought to the attention of the Council on this basis: The Independent points out that since the enactment of this ordinance there have been amend- ments made by the legislature which established qualifications by which a paper can become a legally constituted newspaper, and that pursuant to these recent enactments The Independent has so qualified by a court order, and in view of this consideration the matter would be one that possibly could be discussed to determine the intent of the ordinance, and it is hoped by The Independent that something might be worked out with the City Council so The Independent would not be deprived of its right to circulate its paper in National City. Attorney Curran stated he advised the attorney for The Independent he would submit the matter, and he now awaits further instructions from the Council. COUNCILMAN FESSMAN stated there is no intent on his part to deprive The Independent or any other paper from circulating in National City, the only thing he is concerned about and want stopped is the indiscriminate circulation of those different periodi- cals. If The Independent, Shopper, or any other publisher want to distribute these papers in National City they should at least have permission of the householders to whom they are delivering to throw them in their yard. Mr. Fessman said he did not believe they should 9/2/58 83 have a right to toss them in anybody's yard without any regard to whether or not the people want them. COUNCILMAN ALLEN said he agreed with Mr. Fessman, the property owner should have the right to say whether or not he wants them. He personally has requested "stop orders" on The Independent about five different times but he still receives - the paper. COUNCILMAN HART said he thought the matter would be settlai if the people would write in and tell the publishers they did not want the paper delivered. COUNCILMAN FESSMAN stated he has talked to several people who have written in and their letters have been ignored and they still receive the paper; the burden of proof should be on the publisher, ATTORNEY CURRAN stated with these expressions of opinion he can advise the attorney for The Independent accordingly and then it will be a matter as to whether or not they come up with any suggestions as to how they could live within the feeling of the Council. COUNCIL- MAN HART asked Attorney Curran if the Independent is legal. ATTORNEY CURRAN stated it is a legal newspaper. COUNCILMAN ALLEN said the people who do not want the paper should be left out of its circulation and if Attorney Curran can get this across to the publisher's attorney he felt that would simplify the entire matter. MAYOR HODGE stated the City Attorney can talk with the Attorney for the publisher and express the feeling of the Council. ATTORNEY CURRAN reported that Fireman's Fund Insurance Company has issured an endorsement to be attached to Policy No. A-802757, and recommended it he approved and filed. Moved by Allen, seconded by Fessman, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported we received a certificate from an agent of Maryland Casualty Company which furnishes a copy of Policy No. 31- 103317, and satisfies the requirement of the lease between National City and The National Dry Kiln & Processing Company, and recommended it be approved and filed. Moved by Fessman, seconded by Hart, the Attorney's recommendation be followed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting he was authorized to pre- pare a Notice of Completion of the Municipal Swimming Pool. He is of the opinion that due to legal technicalities a Notice of Completion should not be filed by the City. In lieu of the Notice of Completion Mr. Curran stated he has prepared a Notice of Cessation of Labor, pursuant to the provisions of the Code of Civil Procedure. This Notice will give every right to the City to have the lien period commence running with the filing of a Notice of Completion. It may, or may not, preserve certain rights between the contractor and the City with reference to the matters which have not yet been settled. The Notice of Cessation of Labor has been prepared and if it is the desire of City it should be signed, it would be appropriate that the Mayor and City Clerk be authorized to sign and it be immediately filed with the San Diego County Recorder. Moved by Hart, the Notice of Cessation of Labor be signed: COUNCILMAN FESSMAN asked if it is the recommendation of the City Attorney that this Notice of Cessation of 9/2/58 84 Labor be filed. ATTORNEY CURRAN stated it is. Motion seconded by Fessman. COUNCILWOMAN HOLLINGSWORTH asked if this qualified Teyssier & Teyssier to receive their final payment in the thirty or thirty-five day period. ATTORNEY CURRAN stated in his opinion it does not under the terms of the contract, however there have been certain amendments to the Code of Civil Procedure which raised certain presumptions and that is why he stated Nnayo, or may note'. However, the Attorney for Teyssier & Teyssier, Inc. has represented to the City Attorney the matter of the amount of money which shall become due pursuant to the contract should be considered separate and apart from the commencement of the time for the running of the lien, so on the basis of the Attorneyts representation, Mr. Curran said he does not anticipate there will be any problem in settling up whatever procedure is mutually agreed upon by the Contractor and his Attorney, by the City Manager and the City Attorney. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. ATTORNEY CURRAN reported on the meeting of the Municipal Law Section of the American Bar Association which was held last week in Los Angeles. There were several items which came before the Section and were of in- terest to National City, particularly the address by Superior Judge Leon T. David who for many years was the Assistant City Attorney of Los Angeles, might be given attention. Last week the City Council took under consideration the matter of acting on the interceptor sewer system. Judge David had the job of bringing several communities to- gether in a joint effort in Los Angeles County in order to set up a more adequate sewer system and under the compulsion of an order of the court which had been brought 'by the Attorney General of the State of California. Judge David advocated that the use of the Joint Powers Agreement, as we have them in California, can be a very satisfactory vehicle for solving many of the communities problems. It is of parti- cular interest to us now in view of the Joint Powers Agreement which we have with the South Bay Irrigation Districtfor the proposed purchase of the Sweetwater District Water System. W. R. CONNOLLY, representing E. C. Young Construction Company, 9030 Johnson Dr., La Mesa, was present protesting the bid received from Pace Construction Company this morning. The Bid was received too late for consideration. MAYOR HODGE stated this matter is further down on the agenda and will be taken up later in the meeting. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Drainage TOTAL $49,403.96 4,613.16 40.33 3,619.77 10,137.07 $67,814,29 Moved by Hollingsworth, seconded by Fessman, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. 9/2/58 85 RESOLUTION NO. 7302 was read authorizing the following expenditures from the Capital Outlay Fund: Chemical Equipment, $796.09, Equipment for Pool; Johnson Nursery, $583.07, Plants for Pool; Parron Hall, $27.56, Equipment for Pool. Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. HEARING ON IMPROVEMENT OF 20th. STREET, A & B AVENUES, under the 1911 Act, was held at this time. Protests were received and read from FREDERICK E. LANZILOTE, 2126 11B0 Avenue, and from Stella. Paddock, 2035 '°B" Avenue. No one was present protesting the improvement, Moved -by Fessman, seconded by Alien, the hearing be closed. Carried, all the Council present voting aye. CITY CLERK ALSTON reported that tiao bids were received for the Granger Avenue Storm Drain, as follows; E. C. YOUNG, items 1 through 5, $11,954.25; item 6, $7,668.00, item 7, $ 200.00; PACE CONSTRUCTION COMPANY, items 1 through 5, $11,324.35, item 6, $5,680.00, item 7, no bid. COUNCILWOMAN HOLLINGSWORTH asked if the bid of Pace Construc- tion Company was invalidated due to the fact they did not bid on item 7. ATTORNEY CURRAN stated it is a question of fact as to whether or not that was an alternative. CITY ENGINEER LILL said it was an alter- nate. MAYOR HODGE stated that inasmuch as there is only one bid, one has been protested, he would recommend it be referred to the Finance Committee. COUNCILMAN FESSMAN said he would like to hear the City Manager's recommendation in the matter. REPORT FROM CITY ENGINEER LILL was read on bids received for construction of Granger Avenue Storm Drain. Two bids were received and were opened at 9;05 A.M., September 2, 1958, in the office of the City Clerk, as follows: Dan E. PACE, $11,324.36; E.C.YOUNG, $11,954.25. The opening of bids was delayed from 9:00 A.M. to 9:05 A.M. awaiting the arrival of the second bid. This bid, by Pace, was acoanpanied by a personal check in the amount of 10% of the bid amount in lieu of bid bond or certified cheek. CITY MANAGER BIRD stated in the contract specifications there is the provision whereby the City Council could waive the informality if it so desired. However, in discussing this matter with the City Engineer also with the City Attorney, and time being the essence, and in the protection of the City in the future on contracts he ;mad recommend to the Council that the bid of E. C. Young be accepted and the con- tract awarded to them. Moved by Allen, we accept the recommendation of the City Manager. COUNCILMAN FESSMAN stated we have two bidders, one lower than the other, and we are supposed to award the contract to the low bidder. If Mr. Young's objection is valid then that cancels out Mr. Pace's bid. ATTORNEY CURRAN stated in his opinion the failure to file a bid bond or certified check is such a vital defect that it cannot be considered a matter which pursuant to the contract document should be waived; therefore he would feel that the protest is well taken and the bid did not meet the requirements which the City had established, therefore it should not be considered. Motion seconded by Hollingsworth. Motion lost, by the following vote to -wit: Ayes: Allen, Hollingsworth. Nays: Fessman, Hart, Hodge. 9/2/58 86 Moved by Fessman, seconded by Hart, all bids be rejected and a new call for bids be made. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hodge. Nays: Alien. Hollingsworth. FLOWAGE EASEMENT and GRANT DEED from San Miguel School were presented for acceptance. Moved by Allen, seconded by Hart, the easement and deed be accepted and referred to the City Attorney for preparation of a resolution. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated he thought it might be well to remind ourselves the next time we call for bids, the bid opening time be a different time than 9:00 A.M.; with the holiday coming as it did, any bidder would have to get their certified check by last Friday and he might have been short of time to get it; we should set the time not earlier than 11:00 A.M. in order to give the bidder a chance to get to the bank. That, no doubt is one of the reasons which caused the discrepency in the bid of Pace Construction Company. CITY CLERK ALSTON presented a policy of title insurance on property recently purchased from Alfred R. Welker for drainage, and recommended it be referred to the City Attorney for checking. Moved by Hollings- worth, seconded by Hart, it be referred to the Attorney for checking. Carried, all the Council present voting aye. CITY CLERK ALSTON stated this morning she received a communication from Attorneys Swing, Scharnikow and Staniforth, who are representing the Coast Industrial Launderers, in regard to sales tax. They are requesting a refund on sales tax from the State Board of Equalization which would also affect the City of National City, and recommended it be referred to the City Attorney. Moved by Fessman, seconded by Allen, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the affidavit of publication for notice of award of contract on 3rd Street and J Avenue; affidavit of publication for notice to bidders on Granger Avenue for drainage; affidavit of publication of the Ordinance approving Lois Annexation; affidavit of publication of the Ordinance approving annexation of Williams Manor No. 6; affidavit of publication of Resolution of Intention 7290 for 2Oth Street, A 8c B Avenues. Moved by Hollingsworth, seconded by Fessman, the affidavits be accepted and filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the protests received for the 20th Street, A_80 B Avenues, 1911 Act Improvement were 2.6%. COUNCILMAN HART asked if we had over 51% requesting the improvement. CITY ENGINEER LILL said we did. Moved by Fessman, seconded by Allen, the 1911 Act pro- ject on 20th Street, k 8c B Avenue, be continued for its next regular procedure. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. 9/2/58 87 CITY MANAGER BIRD stated he has plans and specifications, for the storm drain on °'Btf Avenue which have been submitted by Engineering. We presented to the Council the information that of necessity a storm drain structure would have to be constructed on the 20th Street, A & B Avenues improvement district if the improvement district was to proceed. REPORT FROM THE CITY ENGINEER was read relative to storm drain. Work isto be done concurrent or prior to the 1911 Act Improve- ment of "B' Avenue. The estimated cost of the work is $16,000.00. If the project is approved• it is suggested bids be received at the same time bids are received for the 1911 Act project on 93" Avenue, 'A" Avenue and 20th Street. Moved by Hollingsworth, seconded by Hart, the drainage problem on ''B.' Avenue, as explained by the City Manager, be put out for bid at the same time as the 1911 Improvement Act, and the City Attorney be authorized to prepare the necessary resolution. CITY MANAGER BIRD said he would like the Council to approve the plans and authorize the advertising of the bids concurrent with the adverti- sing of the improvement district itself; no resolution is necessary. COUNCILWOMAN HOLLINGSWORTH, with the approval of COUNCILMAN HART amended the motion not to refer it to the Attorney for a resolution. All Council members voted aye in favor of the amendment. Carried, all the Council present voting aye.in favor of the motion. COUNCILWOMAN HOLLINGSWORTH stated she is somewhat concerned because we promised we would get those people out of the water on Granger Avenue and now we have had a delay. Moved by Hollingsworth, seconded by Hart, the City Clerk be authorized to submit and advertise for bids immediately on the Granger Avenue drainage. Carried, all the Council present voting aye. COMMUNICATION FROM BAY CITIES PUBLISHING COMPANY addressed to the Chief of Police regarding the Star -News Shopper, was read stating it is their intention to fully comply with Ordinance No. 627 in every instanoe; however, to completely make this transition on "immediate" basis is most difficult and requires the remodeling of more than 25 carrier routes in the City of National City. Their plan of prooedure now indicates that with a minimum of confusion to all ooncerned they can fully comply immediately after Thursday, September llth. Moved by Hart, seconded by Allen. the communication be filed. Carried, all the Council present voting aye. REPORT FROM CHIEF OF POLICE SMITH was read stating that verbal informa- tion has been received from the carrier of our false arrest insurance to the effect the reserve officers are covered under our present pal* however, until such time as this decision is received in writing, as has been requested, no definite recommendation can be made concerning the status of reserve officers, as requested by the City Council. REPORT OF HEARING OFFICERS, City Engineer Lill and City Manager Bird, on hearing of Engineer's report for the Improvement of Highland Avenue from 8th Street to 18th Street, was read. A hearing was held at 8:00 P.M. on August 26th. Three written protests were on tile and read. No written or verbal protests were received at the hearing. The protests 9/2/58 88 received were from persons having an interest in 5% of the frontage and less than 5% of the area of the property proposed to be assessed for the improvement. It was recommended the protests on file be overruled and the project progeed under the provisions of the 1911 Act. Moved by Hollingsworth, seconded by Fassman, the City Engineer's and City Manager's report on the 1911 Act on Highland Avenue from 8th to 18th be approved, and referred to the City Attorney for the necessary resolution. COUNCILMAN HART stated he has been against the widening of Highland Avenue by starting in the middle of the street; he wants it widened but it should be widened with about 70 and 30 percent and he believed everybody on the street would sign for it. We are widening between 8th and 18th; there will be a hazard going either way, between 24th and 30th Street is the worst part of Highland Avenue. Mr. Hart said he thought we were making a big mistake to patch up a main thoroughfare like that. COUNCILWOMAN HOLLINGSWORTH asked Mr. Hart if he was going against the improvement. COUNCILMAN HART said it is the wrong way to do it, we should start in and do the entire street, or the narrowest part first, not start in the middle of a main thoroughfare going to San Diego ito Mexico. Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge. Nays: Alien, Hart. CITY MANAGER BIRD stated he had an easement from Mr. Ambre on the drainage ditch east of Palm Avenue, There is a price of $300.00 for the easement on the realignment of the drainage ditch necessitated because of the Montgomery report. It was recommended the easement be accepted and the Attorney authorized to prepare the necessary resolu- tion. Moved by Fessman, seconded by Hollingsworth, the City Manager's recommendation be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with regard to the petition which was signed by 43 signers of which 28 were residents of National City, 9 residents of Chula Vista and 6 residents of San Diego, wherein they petitioned two departments be made of Park and Recreation Department as we now have it; also recommending for consideration the removal, in essence, of the present Supt. of Parks and Recreation, creating a new depart- ment wherein he would be placed in charge of Buildings and Maintenance; he has made a complete and exhaustive study of various operations of recreational and park activities as they are carried out throughout the United States. Mr. Bird said he found that in the main, the cities of our size and larger, a division of departments is not necessarily essential and in effect is frowned against for various reasons, one primarily of compatibility. Mr. Bird quoted from an authority, C. E. Arnold, who was with the State of California Recreation Commis sion as a Recreational Specialist, who stated: HIt has been accepted and understood that since the early establishment of Park and Recrea- tion Departments that these two fields of service are so closely related that coordination and cooperation between the two agencies is imperative in public if the public is to receive a maximum benefit from its taxes. In many cities there has never been a separation of these services. The Park Department was established before public 9/2/58 89 demands made it necessary to provide recreational leadership and program activities. When these cities felt that conditions warranted providing recreational leadership, these services were placed under the administrative organization of the existing Park Department.° Mr. Bird said in the authority of the International Managers Associa- tion we have a similar vein; we have in all of the 48 states this thing which has grown upon cities as the demand has been placed upon it by the people asking for more recreational activity; but the fact still remains that all of this activity, or the major pnrtion of it, programming and its carrying out is upon park lands and within the confines and perimeter of parks. In the report and recommendation of of the Civil Service Commission to the Council, it was the recommenda- tion of the Commission that the Council give serious consideration to the separation of the Recreation from the present Park and Recreation Department; this would create a new department known as the Recreation Department. It also recommended that a new position be approved, to be known as Supt. of Recreation, who would be directly responsible to to the City Manager and to the Council; and the Civil Service Commis- sion be instructed to prepare an examination for same; and the Council, with the assistance of the City Manager be the appointing body. Mr. Bird said it is his thought to present to the Council, that within the basic framework of that which exists, and that which has existed, and which is in fields in other cities and is operating to the best ability and to thebetterment of the -city at large, he would point out to the Council that he cannot recommend junking a 1958 automobile because of the fact that it needs a set of spark plugs. The matter of personnel does not enter into the basic framework of our Park and Recreational program as it is now set up at the present time; there- fore it is Mr. Bird's recommendation that the petition be received and filed; that the report of the Civil Service Commission be received and filed. Further he asked for the Council's approval that he present to the City Council a re organizational plan whereby we may strengthen our present mode of operation and get results by solidi- fying and actually forming out the line of command and chain of command with the responsibilities spelled out. In the matter of the suggestion of the Civil Service Commission as to the review of classifications in the Recreational Division, Mr. Bird stated iae wished to point out that the Retire ational Department has acknowledged this, it is not, and never has been, in classified service, or Civil Service. Civil Service Ordinance 712 and all of its subsequent amendments specifically has not at any time added into the classified service of the City of National City such employees. Mr. Bird said it is his belief that by the action of the Council in informing our Recreational Advisory Committee of their duties and that which the Council expects of them in the planning and in the scope of recreation which in their opinion, as experts, is necessary in our city, the Advisory Committee can be strengthened and the matter placed before them whereby they will bring in an adequate report to the Council, as they are an advisory to the Council, and to theCouncil only, it would aid in clarifying and bring- ing about one of the most desirable Park and Recreational setups of any city in Southern California. It was the Manager's re commendati oz 9/2/58 90 there be no change as far as the basic set up now exists be made at this time. Moved by Fessman, seconded by Hart, the City Manager's recommendation regarding the Park and Recreation Department be approved. Carried all the Council presnt voting aye. COUNCILMAN ALLEN stated it is his understanding there will not be recommended any classified employee in Recreation, and asked if that is correct. CITY MANAGER BIRD stated that Recreation, as it is known today, and has been, is not under classified service, and without a change of Ordinance 712 which would require action of the Council there can be no Civil Service for any employee in the Recreational Division. COUNCILMAN ALL$N asked if we do not at the present time have one or more employees in Recrea- tion that are classified. CITY MANAGER BIRD stated at the present time we have one employee who submitted his resignation and who will be terminated September 22, 1958, and we have another employee who is part time under Recreation but is primarily under Civil Service status because of the fact that she is a Park employee. The other position of Recreational Leader, which was presumed ironically enough to be under classified service was never under classified service and which Civil Service requested that a, review be had and recommended it be placed under classified service, is not under Civil Service at the present time. COUNCILMAN ALLEN stated he is perturbed about the individual who is part Civil Service under the Park Department and who is employed part time in the Recreation Department. CITY MANAGER BIRD stated basically the frame work of the Park and Recreation Department is a solid one, the fact we have two such people Mr. Allen spoke of in the organization, it is the Manager's hope to bring before the Council, within a very short time, a reorganization of departments. Under the City Manager's Ordinance, Mr. Bird said he proposes to recommend that certain transfers be made. RESOLUTION NO. 7303 was read, authorizing the purchase of an easement across certain real property owned by Richard V. and Margaret M. Ambre, for the sum of $300.00, and the drawing and issuing of a warrant for such sum is hereby directed. Moved by Fessman., seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7304 was read, granting a special zone variance permit to South Bay Plaza Syndicate for the purpose of installing not to exceed eight billiard or pool tables in the building to be occupied by the Bowling Alley at 1201 E. 10t } Street, and erecting and maintain- ing and automobile wash rack and appurtenances at 914 11L4 Avenue, and installing a sign with a maximum area of 100 square feet: Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7305 was read, accepting an easement from Leonard J. Harpenau, dated August 20, 1958. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. 9/2/58 91 ATTORNEY CURRAN stated with reference to 20th Street, A and B Avenues, there has been a very slight change in the Plans submitted by the City Engineer, it does not materially change anything, but before the matter is let out for bids, the City Attorney after having been advised of the change by the City Engineer believes we should have an amended resolution which has been prepared, and requested permission to read. MAYOR HODGE granted permission. RESOLUTION N0. 7306 was read, 'AMENDED RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (20th Street, A -and B Amass)." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 730'7 was read, "RESOLUTION ORDERING WORK (20th Street , A and B Avenues)." Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON announced that next Tuesday is a legal holiday so there will be no meeting. COUNCILMAN FESSMAN stated he will be out of town next week and possibly may not be back for the meeting of September 16th. Moved by Hart, seconded by Allen, the meeting be adjourned until Tuesday, September 16, 1958, and in case something particular comes up the Mayor will call a special meeting. Carried, all the Council present voting aye. Meeting adjourned at 3:05 P.M. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 9/2/58