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HomeMy WebLinkAbout1958 10-21 CC MIN151 National City, California, October 21, 1958 Regular meeting of the City Council was called to order by Vice Mayor Hollingsworth at 1:30 P.M. 'clock. Council members present: Allen, Fessman, Hart, Hollingsworth. Council members absent: Hodge. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Clark. Moved by Fessman, seconded by Hart, the minutes of the regular meet- ing of 0ctober 21, 1958, be approved. Carried, all the Council pres- ent voting aye. RESOLUTION NO. 7332 was read, resolving that the grant of easement to the United States of America, approved on the 8th day of January, 1957 by Resolution No. 6831, is hereby again approved and the Mayor is again authorized to execute the same for and an behalf of City of National City; also in the event the City of National City should revoke the permit granted, City of National City does hereby agree to grant a right of way for ingress and egress to the real property now owned by the United States of America and a dedicated public street of the City of National City. Moved by Hart, seconded by Al- len, the Resolution be adopted. Carried, by the following vote to - wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None, Ab- sent: Hodge. RESOLUTION NO. 7333 was read, accepting a Corporation Grant Deed from San Miguel School, dated June 2, 1958; and a Flowage Easement from San Miguel School, dated June 2, 1958. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. ORDINANCE NO. 937, 4AN ORDINANCE AMENDING ORDINANCE NUMBER 708 OF NATIONAL CITY, PERTAINING TO LICENSING OF CERTAIN OCCUPATIONS AND AMUSEMENTS, was presented for the final reading, and read in full. Moved by Allen, seconded by Fessman, the Ordinance be adopted. Car- ried, by the following vote to -wit: Ayes: Allen., Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. CITY ATTORNEY CURRAN stated the minutes of the Small Craft Harbor CJr.i.1cai on at Santa Cruz, California, dated August 28, 1958, have ex::mined and there is nothing of any particular interest at tilis time to the City of National City, and recommended they be filed. Moved by Hart, seconded by Fessman, the City Attorney's recommendat- ion be approved. Carried, all he Council present voting aye. ATTORNEY CURR.uu r-ported t' _ firm of Stone and Youngberg, a municipal fin . c;.Z" ConSUltr. c. las by letter advised him and the Attorney for the South Bay Irril,tion District that in their opinion 10/21/58 152 it would be advantageous to make certain changes in the present Joint Powers Agreement, Mr. Curran said it is his understanding the South Bay Irrigation District had a special meeting of its Board of Direct- ors last Friday, at which time it authorized its Attorney to consult with the City Attorney and others with reference to the proposed changes. Mr. Curran said he would, therefore recommend he be granted similar authority to confer with the Attorney for the South Bay Ir- rigation District, with Stone and Youngberg, with Leeds, Hill and Jewett, and with O'Melveny and Myers, with reference to the changes. Moved by Hart, seconded by Fessman, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Attorney for the California e`iater 8c Telephone Company has raised a legal question with reference as to whether or not the City of National City should be compelled to pay for the cost of the relocation of California Water & Telephone Comp- any's facilities on Highland Avenue between 8th and 18th Street. The matter is one which involves questions both of law and fact; it ap- pears at this point the matter cannot be agreed to on the basis of the working agreement which was recommended by the City attorney two or three years ago, and which has resulted in the questions which have arisen on relocation costs being resolved, in each case prior to this time, by the Company proceeding with the relocation at its own cost and expense. It appears this is a matter the City might best have the benefit of the judgment of the Court and the matter has been discussed with City Manager. It was the Attorney's recommendat- ion the City of National City do not advise the company that it will pay. Moved by Hart, seconded by Fessman, the Attorney's recommendat- ion be approved. Carried, all the Council present voting aye. BILLS. AUDITED BY THE FINANCE CC IITTEE presented: General Fund $21,063.78 Traffic Safety Fund 247.41 Park Fund 426.76 Trust & Agency 411.63 Special Street Fund 210.00 Drainage Fund 291.11 Payroll Fund 40,564.07 TOTAL $63,214..76 Moved by Allen, seconded by Hart, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Ab sent : Hodge. RLCTION NO. 7334 was read, authorizing the amount of $40,663.36 to Tessier and Teyssier, for the swimming pool; $1,016,35 to Perron Hall for the swimming pool, from the Capital Outlay Fund. Moved by `Alen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: A e Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Fio tp. 10/21/58 153 COMMUNICATION FROM EMPLOYEES ASSOCIATION was read recommending a change in pay periods from the 5th and 20th of each month to every other Friday. Moved by Hart, the request be granted. COUNCILMAN FESSMAN requested we have a recommendation from the City Clerk, and asked if this new procedure would fit in procedures for drawing pay checks. CITY CLERK ALSTON stated it would not; the employees are now getting paid twice a month, on the 5th and 20th, their salaries on a monthly basis, it would not fit in with our reports to the State Retirement and would mean a great deal more work in her office. COUNCILMAN HART asked if it would mean the City Clerk would have to hire other employees. CITY CLERK ALSTON said it is possible. COUNCILMAN HART said he would withdraw his motion until more study is put in this. CITY MANAGER BIRD stated the proposal which has been made by the Employees Association would mean the entire retire- ment procedure, the withholding tax setup, our insurance deductions, all payroll records would have to be revised. Additional time of personnel in preparing the payroll checks, the posting of checks, etc. would of necessity have to be revised, and it would require one more person in the Clerk's office, and it will not result in overcoming that which we are now doing at the present time. Mr. Bird stated from management standpoint, the advantages gained•by the individual employee is far outweighed by the cost and the break- ing into the Bookkeeping set up. It was the Manager's recommendat- ion a letter be sent to the Employees Association stating that which they are not acquainted with, and the request be denied by the Coun- cil. Moved by Fessman, seconded by Hart, the recommendation of the City Manager be followed. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated the matter of a police pistol range was to come before the Harbor Committee meeting on October 17th, but it did not. CITY MANAGER BIRD stated in regard to the Harbor Committee meeting they were forced for time so this matter did not come be- fore the Committee. There is the possibility of setting aside an area for a temporary polioe range on the tidelands at the mouth of Paradise Creek, and recommended he be authorized to notify the Po- lice Department and the Police Reserve. Such could be set aside on a temporary basis and they present to the City Manager's office the minimum need. Eventually a pistol range could be established on the 42 acres adjacent to the mouth of the Sweetwater River, after we get the necessary access to the area. Moved by Hart, seconded by Fess- man, the recommendation of the City Manager be approved, and the Chief of Police be so notified. ACTING MAYOR HOLLINGSW0RTH asked the City Manager if he explored the possibilities of whether there could possibly be a San Diego County, San Diego City or any other cities of getting a real good permanent range. CITY MANAGER BIRD stated notification of the request has been sent to them, but City Manager Bean and County Manager Heggland are in Dallas, Texas attending a conference, and he does not expect any reply until they return. Carrie', all the r -_.cLl present voting aye. COUNCILMAN ,42:3 stated we h :a authority to use the Civilian De- fense equipment and we do not lave, in our equipment, either sirens 10/21/58 154 or radio. The equipment from other cities being used has these on it, and is under the Police Department. Mr. Osburn, at the present time, is checking into the possibility of equipment that could be obtained from the Government. If we had to purchase new equipment, it would cost about $600.00 to equip the truck with these two items. Mr. Allen said he would like to ask the City Manager if he will authorize the Commission for the use of the truck on Saturday and Sunday afternoons, at the request of Mr. Haws, for training addit- ional drivers. Ve only have two people who feel confident in driv- ing this piece of equipment at the present time. CITY MANAGER BIRD said Mr. Haws in charge, and with a proper letter naming the drivers, he proposes it could be arranged. COUNCILMAN ALLEN stated at the breakfast of the Border Cities, we had quite a number of people from other cities, and one of the things he feels we should start working on, or thinking about is, how, and what action, we can take in National City to try to reactivate the interest in creating an international airfield at Brown Field and the Tijuana airfield. Moved by Allen, we ask the City Manager if he can present some concrete thing we could start action on so we could keep the ball rolling. COUNCILMAN FESSMAN stated Brown Field is out of National City's jurisdiction and the matter is no concern of ours unless our opinion is asked by those in the jurisdiction. Motion died for lack of a second. COUNCILMIAN ALLEN stated he had a question posed to him by several person regarding the 27arbage and trash collection in the Housing, how it is paid, and if the fee is collected by the Treasurer's of- fice, or if it is collected through the rent in the Housing, and if collected through the rent does it show on Mr. Gautereaux's report as such. COUNCILMAN FESSMAN stated he wondered if this was the proper question to come before the Council, any citizen or Mr. Allen could ask Mr. Gautereaux these questions, and not take the Council's time for such matters. VICE MAYOR HOLLINGSI5ORTH stated that since Mr. Gautereaux is present he might wish to answer these questions. HOUSING DIRECTOR GAUTE.REAUX stated the trash and garbage collection are part of the operating costs, that is part of the rent- al, however, in setting up our account through management we do, and have, established a fee of charge, and we charge it against our account. As far as financing that particular item, the way it is set up, the best place to get the answer would be from the Manager's office. Ve do not, in the Housing, make any billing specifically for those two items, garbage or trash. CITY CLERK ALSTON reported that on September 2, 1958, check No. 13362, in the amount of $123.65 was issued to 'ruesterlund & Lange, for supplies the City purchased. They called and stated they had never received the check and it has not been returned to the City. Mrs. Aston recommended the Council authorize the Attorney to pre- pare a resolution to stop r..:.,ent on the check and issue a new check. Moved by Fess'naa, seconcnd u5 Allen, the attorney be so authorized. Carried, all the Council present voting aye. 10/21/58 155 CITY CLERK ALSTON stated she received a report of Metropolitan Coast which consists of San Diego and Orange Counties, and will be on file in her office. COMMUNICATION was read stati.ig the Baha'is of National City and Chula Vista join the Nation and the World in celebration of United Nations Day by sponsoring a Special United Nations program at Lin- coln Acres Community Center, 2710 Granger 11ve., Friday, October 24th at 8:00 P.M., and extended an invitation to the City Council to at- tend. CITY CLERK ALSTON presented the San Diego County Water Authority's financial report for the fiscal year ended Jine 30, 1958, and it will be on file in her office, COMMUNICATION FROM KENNVETH P. ATTAWAY was read requesting the return of the $1,000.00 bond deposited for moving a house. REPORT FROM BUILDING INSPECTOR BIGGS was read stating the records in his office indicate the house at 2115 E. 5th Street has been relocated in ac- cordance with applicable ordinances. A. final inspection will be made on Thursday, October 23, 1958, the date of the sewer lateral install- ation. Moved by Fessman, seconded by Hart, the deposit be refunded, as recommended by the Building Inspector. VICE MAYOR HOLLINGSilORTH questioned whether it should be returned until after the final in- spection. COUNCILMAN FESSMAN, with the approval of his second, Counoilman Hart, amended the motion, that payment be made November 5th, after final inspection. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth. Nays: None. Absent: Hodge. NOTICE FROM DIVISION OF SMALL CRAFT HARBORS was read, stating the Commission will hold a hearing in the American Legion Hall at Lake Tahoe, October 28th at 10:00 A..M, CITY CLERK ALSTON presented the minutes of the meeting of the Small Craft Harbors Commission of their meeting held in LosAngeles Sept- ember 10th, and recommended they be referred to the city Attorney for checking. Moved by Hart, seconded by Fessman, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. COPY OF LETTER FROM CITY MANAGER BIRD addressed to Mr. Edwin August- us, Manager, Peters' Home &b Garden Center, was read stating upon completion of an investigation of the premises now occupied, he wish- ed to inform them they are in violation of the Zoning Ordinance of the City of National City No. 750. They are illegally carrying on a commercial enterprise on the east thirty-five feet of this property, as it is in a residential R-4 zone. They are requested to comply with said Zoning Ordinance within ten days or action will be taken through official channels. IR. PETERS was present and stated that since the thirty-five feet is in a R-4 zone, they have asked the property owner to apply for '1 zone variance; without the zone var- iance it would be a definite h:rdship because the met could not use 10/21/58 156 the property. ACTING MAYOR HOLLINGSWORTH asked the City Manager if they would not have to comply with the coning ordinance until the zone variance was granted. CITY MANAGER BIRD stated the invest- igation disclosed that the £misery is in violation of an existing ordinance, namely the use o the 35 feet easterly of that particular piece of property. The ten days stated in the communication was the reasonable length of time necessary to vacate the property, to move the installation, etc. Mr. Bird said he does not have the authority to grant the stay in this matter beyond axeasonable length of time to comply. NOTICE FROM PUBLIC UTILITIES COMMISSION regarding Case No. 6161, was read. It is relative to an investigation for the purpose of estab- lishing a list for the year 1959 of railroad grade crossings of city streets or county roads most urgently in need of separation, as con- templated by Section 189 of the Streets and Highways Code. CITY CLERK ALSTON stated it has been taken care of by our City, and recom- mended it be filed. Moved by Allen, seconded by Hart, the City Clerk's recommendation be followed. Carried, all the Council pres- ent voting aye. CITY ENGINEER LILL reported the Pace Construction Company has start- ed work on the 413„ Avenue Storm Drain; R. E. Hazard Contracting Company has signed the contract for the 1911 Improvement on 20th Street, HA" and dB Avenue and work should start there in the near future. COMMUNICATION FROM THOMAS H. COSBY POST 4630, VETERANS OF FOREIGN WARS OF NATICi4AL CITY was red requesting the use of the main hall of the Community Building at 7:00 P.M., November 11, 1958, Veterans Day. CITY MANAGER BIRD stated he referred: the communication to Supt. of Parks and Buildings and recommended the request be granted because of the over all community purpose, and the use of the build- ing be granted free of charge. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COIVMUNICATION FROM DIXIELINE LUMBER COMPANY was read relative to the leasing of property in the tidelands area which is located on Tide- lands Avenue between Pepper's Oil Company and John Hancock leased area. The area which they refer to is approximately four acres in size. They are interested in finding out what the cost would be per square foot with a long term lease and also if there have been any provisions made in the cost per square foot for firms wanting to tie 12p such property without actually moving onto or using same. They would probably move on to said property within six months or a year's time if a lessor price per square foot could be obtained during that period. CITY MANAGER BIRD recommended it be referred to the Harbor Committee. Moved by Hart, seconded by Fessman, the City Manager's recommenda'i x. be approved. Carried, all the Council present voting; aye. REPORT OF MEETING OF HARHCt COMMITTEE meeting of October 17th was 10/21/58 157 read. Mr. DeVore and Mr. Bishop representing the San Diego Gas & Electric Company requested land on the tidelands for storage of fuel oil, also a lease of submerged land from bulkhead line to pier - head line. The Committee recommended to the Council: a. Tentative approval for the Gas & Electric Company to make an application for a certain area of Tidelands. b. To make a survey of the area. c. To make necessary tests. d. To make said application for said lease within two months from date setting forth all details regard- ing proposed occupancy, dredging operations, etc. Moved by Hart, seconded by Allen, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COMMITTEE was read relative to the applicat- ion of Mueller Truck Company for approximately four acres of Tide- lands to be used as a truck transfer depot. Said area to begin at 28th Street 325 feet, plus or minus, south along Tidelands Avenue thence west to an abutting forty foot railroad right of way. The Committee recommended said lease be entered into upon the following terms and conditions: a. Rental rate of a square foot until July 1, 1959, then 4 per square foot for the balance of the five year lease period. b. An option of four 5 year renewals at a rate of that as set forth in existing leases. Moved by Hart, seconded by Alien, the recommendation of the Harbor Committee be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended it be referred to the City Attorney and the Attorney of the Trucking Company to prepare the necessary leases. Moved by Hart, seconded by Allen, the recommendation of the City Manager be auth- orized. Carried, all the Council present voting aye. REPORT FROM THE HARBOR COIVMMITTEE was read relative to the request of National Plating Company and Jack V. Caldwell. It was the rec- ommendation of the Committee that Mr. Caldwell bring in information to the Committee as to values, appraisals, rentals and land area now occupied by him or his company. The Committee would make no recommendation until they are in possession of the information re- quested. COUNCILMAN FESSMAN stated he did not know whether the Council, as a matter of official policy, instructed the Attorney in the making of the leases for tideland rentals that all the tenants be required to occupy the premises within a certain specified time; maybe that time could be by negotiation at the time of the lease so they will start operating and the Attorney incorporate that in the lease so it would cause the tenant to occupy the property which they leased within a certain time. They can .tell us at the time they approach wLen they think they can occupy the property, and we can give them a little leeway, but within a year so they cannot occupy it and try to speculate. VICE MAYOR HOLLINGSWORTH stated she agreed with Mr. Fessman, there should be a specified time with the right to re -negotiate on the time there is a hardship caused. CITY MANAGER BIRD presentee al addenda No. 1 to Avenue Storm Drain, and recommended it b ad.oi ted by7 the Council. Moved by Fess- 10/21/58 158 man, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD requested authorization for the City Clerk to advertise for bids for sevelazl items; the first item is a sewer rodding machine, which will cost between $4,900 and $5,500. We are in dire need of having some adequate method so we can program a cleaning of all of our existing sewers. Moved by Fessman, sec- onded by Hart, the City Manager's request for calling for bids for a sewer rodding machine be approved. Carried, all the Council present voting aye. Mr. Bird stated another item is a stump cutter which is a desired adjunct to our Tree Division; we have tried the machine and would like to have onein our operation, and requested authorization to have the City Clerk advertise for a power stump cutter for the use of the Tree Division of the Park Dept. Moved by Hart, seconded by Fessman, the request be granted. VICE MAYOR HOLLINGSWORTH asked the cost of the cutter. CITY MANAGER BIRD stated it would be approximately $3,100. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the third item is nec- essary for the keeping up of our streets, which is a disk attach- ment to the motor patrol, it will cost approximately $2,100 or $2,200, and would like authorization for the City Clerk to advertise for bids on same. Moved by Fessman, seconded by Hart, authorization be granted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated withreference to our liability insurance, the contract which now exists will expire in January; and requested the City Attorney and himself be authorized to prepare specificat- ions covering the needs of the City for tie next three or five years. Moved by Hart, seconded by Fessman, the request of the City Manager be granted. Carried, all the Council present voting aye. CITY MANAGER BIRD requested permission to attend the League of Cities Conference, and also to take four days of his vacation. Moved by Hart, seconded by Fessman, the request be granted. Car- ried, all the Council present voting aye. Moved by Hart, seconded by Allen, all department heads be authorized to attend the League of California Cities Conference in Los Angeles, October 26th to 29th. Carried, all the Council present voting aye. COUNCILMAN FESSMAN stated he attended the Border Cities Conference Dinner last evening and talked to some of our guests from Ensenada, Tecate and Mexicali, and their appreciation for the display of their national colors along with ours was quite remarkable. Also Mir. (autereaux should be congratulated on the quality of the flag he bought as it was just as good quality and workmanship as our flag. CITY CLERK ALSTON stated in c^s€ there is not a quorum at the Council meeting next week, arran e its have been made with Judge Harbison to have the C )urt Room Irc� _ • 5th at 1:30 P.M. for our regular meeting instead of Novemb; which is a holiday. 10/21/58 159 Moved by Allen, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:44 P.M. VICE MAYOR, CITY OF NATIONAL 0 , CALIFORNIA ATTEST: CITY CLERK 10/21/58