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HomeMy WebLinkAbout1951 06-19 CC MINgo7 National City, California, June 19, 1951 Regular meeting of the Cty Council was called to order by Vice Mayor John H. Curry at 7::,0 P.M. o'clock. Councilmen Present: Carrigan, Clarke, Hart, Ingalls, Curry. Councilmen absent: None. Moved by Hart, seconded by Clarke, that the reading of the minutes of the regular meeting of June 12, 1951 and the adjouri meeting of June 15, 1951, be dispensed with. Carried, all Councilmen »resent voting aye. ADI4IINISTRATIVTE OFFICIALS present: Alston, "agner, Campbell, Gautereaux, Iiik'_celson. ATTORNEY CAMPBELL stated that Clarence E. Morris would like to install the sewers in his subdivision of Hill ton Park. The excess cost of sewers over what his connection fees would be if the City installed it was to be recoverable when and if people connect to the sewers. This is »rovided under the Business and Profession Codes where a municipality requires the installation of severs. There would be one question whether we actually require sever installation or whether he could connect to septic tanks, but to prevent any liability on the nart of the City or on the nart of IIr. Morris at some future date we would have a law suit at the tine the first connection was made, to which Mr. '-°Iorris would claim he was entitled to e refund. The Court would then determine and if the Court ruled against Mr. Morris the City would have no li- ability. If the Court ruled in favor of IIr. Norris we would then collect the difference and as collected it would be pay able to Mr. Morris, and anything in excess of that would re- main in the City's funds. Mr. Morris has a possible claim o_ 6/19 898 demand against the City for reduction of grade on the highway adjoining his property. He has consented to give us a release on any claim or demand that he might have against the City fox the reducing of the grade. The City would not be obligated at this time to incur any expense, but Hr. Morris does seek per- mission to install the sewers. ATTORNEY CA PBELL stated it would be his recommendation that Mr. Morris be allowed to nroceed * 'ith the installation of the sewers. COUNCILMAN CARRIGAN asked if the resolution would also contain the rights in waiving any future damages relative to the street. ATTOR- NEY CAMPRELL asked Mr. Herney, Attorney for Hr. Morris if he would prepare the waiver, and it is your understanding in Mr. Morris' statement that the waiver will be delivered to the City. A. F. HERNEY stated that is true. It is Mr. Morris' proposal and he will prepare the general release for the City from Mr. Morris. VICE MAYOR CURRY requested that Attorney Campbell nrenare the necessary resolution. FRANK SARN, was present and stated he had a letter from the Insurance Agents' Association of National City, which was read. The communication stated that all comnisions from insurance business given them by the City is to be snent for worthy projects for the Betterment of the City of National City. A copy of the by -lags was presented with the letter. Moved by Clarke, seconded by Hart, that a letter of appreciation be sent to the Chairman of this Association. Carried, all Coun- oilmen present voting aye. COUNCILMAN CAPL IGAN said he thought the Council should instruct the Association to go ahead and provide the necessary insurance policies, effective July 1, 1951, or at least submit the policies for the Council's annroval. ATTORNEY CAMPBELL naked that the policies be sub- mitted for annroval before next '•reek, and asked that the by- 6/19 899 laws of the Association be referred to him. 'loved by Car-_igar,, seconded by Hart, that the City Attorney's request be granted. Carried, all Councilmen present voting aye. ATTO?NEY CAIIPBELL stated that hir. Dowell has not complied with his promise to Chief Police Smith and himself regarding the removal of the trailers. There is still tle qu=stlon of ob- taining an -easement, and it is the Attorney's recommendation that the second reading of the ordinance amending the zoning ordinance be laid over until next week_ 'Moved by Clarke, seconded by Hart, that the second reading of the ordinance be laid over until the next meeting. Carried, all Councilmen present voting aye. VICE MAYOR CU'3Y stated that nominations for the appointment of a Mayor were in order and asked Councilman Ingalls to take the Chair. Councilman Ingalls announced that nominations for the office of Mayor were now in order. Vice Mayor Curry nominated Councilman Ingalls. Councilman Ingalls thanked Mr. Curry but stated it was mandatory that he decline the nomination. Councilman Ingalls announced that further nominations are now in order. Councilman Hart nominated Councilman Carrigan. Moved by Clarke,, seconded by Hart, that the nominations be closed. Carrledr by the following vote to -wit: Ayes: Carrigan, Clarke, Hart, Ingalls. Nays: Curry. Councilman Ingalls called for e vote on the election of Councilman Carrigan as Mayor. Councilman Carrigan was elected Mayor by the following vote to -wit: Ayes: Carrigan, Clarke, Hart, Ingalls. Nays: Curry. MAYOR CARRIGAN announced that nominations were open for the appointment of a Vice Mayor. Councilman Hart nominated Coun- cilman Clarke. Moved by Hart, seconded by Ingalls, that the 6/19 900 nominations be closed. Carried, all Councilmen present voting aye. Councilman Clarke was elected Vice, Mayor by.the following vote to -wit: Ayes: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. MAYOR CA'-'IGAN recommended the appointment of Ulric Grey as City Engineer, effective July 1, 1951. RESOLUTION NO. 5465 was read, appointing Ulric Grey as City Engineer, effective July 1, 1951, at a salary of R500.00 per month. Moved by Hart, seconded by Clarke, that the Resolution be adopted. Carried, all Councilmen »resent voting aye. MAYOR CARRIGAN thanked the Council for their confidence in electing him ]iayor and promised that he would do his best. COUNCILMAN nom said he appreciated the confidence placed in him. COMMUNICATION FROH CHAMBER OF COI&-ERC» was read, urging the City Council to change the elan for the city owned 20 acres of slough land invoved in Urban Redevelopment ''roject No. 1. MAYOR CARRIGAN stated the plan of Community Redevelopment has not been submitted as yet, and requested the communication be filed nending the submission of the map prepared by the Com- munity Redevelopment. NOTICE OF HEARING ON 770I-ST on off -sale beer and wine license to Allen and Cathy C. Taylor, 135 W. 8th Street, was read. The hearing is to be held June 28, 1951, at 2:00 P.M. in the City Hall. MAYOR CARRIGAN requested this be referred to the City Attorney. COMMUNICATION FROM CHAIRI:AN COEIUNITY REDEVELOP -LENT AGENCY was read, requesting the sum of 13,200.00 be budgeted for the 6/19 901 National City Community Redevelonment Agency for the fiscal year 1951-52. Moved by Fart, seconded by Clarke, that the letter be filed. Carried, all Councilmen nrisent voting aye. BILLS AUDITED by the Finance Committee Presented: General Fund ) 40,00 Library Fund TOTAL '137 .20 Moved by Hart, seconded by Curry, that the bills be naid with the exception of those in the General Fund. Carried, all Councilmen present voting aye. RESOLUTION NO. 5466 was read, as follows: UHEREAS, there have been nresented against the City of National City, California, demands totaling the sum of 6,40.00; and Ti '7 5, said demands have been duly audited and are true and correct, and WHEREAS, said demands have not been paid heretofore; and WHEREAS, there is no money in the General Fund to nay said demands; and YHE3E- AS, the remaining income and revenue to be received by the City of National City, California, for the General Fund for the fiscal year ending June 30, 1951, exceeds the sum of '75,072.00 consisting in nart of the following items: Garbage Fee Collections 14,400.00; Rotor Vehicle In Lieu Tax 544,672.00; State Licuor License Tax '4,000.40; "ater Sales 14,000.00; Sales Tax '18,000.0n; of •thich the sun of )3,691.39 is encumbered by a nrio_ lien and denands heretofore disannroved for want of funds in the sun of ?21,789.22, 1e:ving an unen- cumbered sun ;53,282,78; iT01', THEREFORE, BE IT RESOLV-D by the City Council of the City of National City, California: 1. That the demands 'rmsented in the total sun of n40.00 are true and correct; 2. That the demands are not a77;roved for want of funds; 3. That the City Clerk is hereby directed to endorse said denands as fo l3ows• "That the demand of the herein named payee has been heretofore audited by 'Lie City of National City 6/19 902 and -found to be true and correct in the sum herein stated; that said demand is not approved for .rant of funds."; 4. That the - City Clerk shall endorse on said demand the date of presentation, and she shall sign said demand; 5. That the City Clerk shall number said endorsement, register the demand in her records and deliver to claimant, or his order. Moved by Clarke, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. ORDINANCE NO. , an ordinance amending Ordinance No, 762, was presented for the second and einal reading. Moved by Clarke, seconded by Hart, that only the heading be read. Carried, by the following vote to -wit: Ayes: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. _ ORDINANCE NO. 818, AN Ot'DI'\TANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE NO. 762, OF SAID CITY OF NATIONAL CITY, BY ADDING THERETO SECTION 14 AND DECLARING ITS URGENCY FOR THE I>ffiEDIATE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY. Moved by Clarke, seconded by Ingalls, that the Ordinance be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5467 was read, stating that the City of National City is unable at this time, and will be unable until June 30, 1952, to collect the garbage' and rubbish that will accumulate on the area within the corporate limits of the City of National City, known as Homoja Project. And that Ordinance No. 762, amended, shall not apnly from the date of this resolution up to June 30, 1952, on the area known as Homoja Project. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5468 vas read, accenting the offer of Harry E. Bonnell upon the terms and conditions see forth in his offers 6/19 903 to the City of National City dated June 8, 1951, and amended Ju. 13, 1951; that said offers are attached hereto and by this reference made a part hereof. Moved by Clarke, seconded by Ingalls, that the Resolution be adopted. Carried, all Coun- cilman present voting aye. 7ESOLUTION NO. 5469 was read, transferring to the National City Elementary School District, certain described real property subject_to the reservation by the City of National City of all rights,to the subterranean water thereon, for the total sum of 113,235.00; said nroperty contains 7.49 acres. It is necessary that said City perfect legal title to certain por- tions of the property. That in the event legal title cannot be perfected by the City of National City on the east portion of the two parcels described in Exhibit "A", attached hereto, then that east portion consisting of 3.63 acres, shall be excluded from the land transferrred by the said to the School District and the sales price shall be reduced in the amount of 17,445.00. The City, at its option, shall have the right to enter end remove all black water nipe now on said property. The Mayor and City Clerk are authorized and directed to execute a deed on behalf of the City of National City transferring said property; and the i-cting City Administrator, Fred Wagner, or other officer hereafter duly designated by resolution, is hereby authorized to enter into escrow with a reputable title connany within the City of National City. Moved by Hart, seconded by Ingalls, thnt the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5470 vas read, granting permission to John Sosa to haul or convey over the streets of National City all garbage and rubbish collected from the Navy Defense Housing known as Homoja Housing Project. This permit ,,rill expire June 30, 6/19 904 1952; that permittee named herein shall be subject to all ordinances'and lads of the City of National City; that the City council of the City of National City does hereby retain the right to revoke this permit, upon good cause being first shown, at any time prior to the termination date hereinabove set forth. Moved by Ingalls, seconded by Hart, that the Resolution be adopted. Carried, aal Councilmen present voting aye. ATTORNEY CAMPBELL presented two leases for, portions of the tidelands, one for I"ir. Heflin and have seen a cony of the contract. OFFICER uAGNER stated Mr. Reupsch National City next Tuesday and go one for i'Ir. Dye. Neither one ACTINGADMINISTRATIVE has agreed to come to over the tidelands area with us and discuss the various leases, if suitable with the Council. MAYOR CA".IGAN recommended that the two leases be left with the City Attorney and he contact the parties con- cerned to see if an amicable agreement can be reached. COUN- CIIi;AN HART stated that he would like to see action taken on Mr. Heflin's lease at least by the next meeting. MAYOR CARRIGAN recommended that the Attorney be given the power to make an agreement with Mr. • Heflin, and before the lease is made he can contact each Councilman by phone, or otherwise, and enable the man agreement next to get started and the Council can ratify the Tuesday. Moved by Clarke, seconded by Hart, that the City Attorney and City Administrator be authorized to make an agreement with Mr. Heflin and liar. Dye, subject to the approval of the Council. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL recurred on the barricading of 14th Street, which was previously r:i..nrred to him. The Street was closed 6/19 905 by Ordinance 787, but Ordinance 666 prohibited narking on 1Lth Street between National Avenue and "D" Avenue: Police Chief Smith recognizes that fact and has ordered the nodting of signs to nrevent the narking of cars in that area. ATTORNEY CAMPBELT stated that Fir. 3echtol recognizes that it will be a nolicy of the Council whether or not they nut the sewer in the street and nay for it and attempt to recover the money expended when others connect. It was pointed out to him that possibly he could obtain an easement over the property adjoining him on the west. He in turn could run a private line for about the same amount of money as he would have to expend for a cesspool or septic tank. There is the possibility that he might obtain possession of the premises east of him and if he does it night be to his advantage to then install the sewers. Mr. Bechtol is going to do some more investigating. ATTORNEY CAMPBELL stated Hr. Bechtol is desirous of having the City install the sewer line on 20th Street. ATTORNEY CAMPTELL reported that the Treffic Commission members appointed by -'esolution No. 5246 will serve until their successors have been arointed. ATTORNEY CAi2BELL stated he would like to clarify the request of Captain Noble for leave of absence. His first letter stated that his father was 111, and the minutes so reflect. Last meeting Chief Smith submitted a letter that Officer Noble's father-in-law died. At the time you approved sick leave and it was requested that the first letter, be attached to the notion to anprove the leave. It has since been determined that his reference of father meant his father-in-law, and as such his sick leave would not permissible. Chief Smith stated that Captain Noble has acne cumnensetnry t.me coming. MAYOR CARRIGAF asked if Cantain Noble would be plod 1-= the time off, and if 6/19 906 it required any further action. ATTORNEY CAHPBELL said no action is necessary that it was just brought before the Council to clear the records. ATTORNEY CAMPBELL stated he has received several calls from the City Attorney's office in San Diego cnrnlrining because they were unable to receive their money for their sewage treatment. The circumstances were explained but they said they still wanted their money. Hr. Campbell said he would present the matter to the Council and that the money would be forth coming in the next four or five days. The motor vehicle in lieu tax will be here in the next day or two and that will give us sufficient money to pay off a few claims that we have registered. when that money comes in, with the Council's approval we would like to make a call for the first ten registered claims, and nay same, San Diego's being among them. This information will be passed on the City Attorney's office in San Diego, if the Council is in accord. No objections were forth coming, ATTORNEY CAMPBELL stated the vacation of a portion of 12th Street was referred to I:r. "agner and himself. The legal will have to be prepared and then prepare the ordinance of intention to vacate. Mr. Campbell asked if it is the desire of the Council that they proceed with the »reparation of the ordinance. wethave no approval or recommendation from the Planning Com- mission. ACTING ADMINISTRATIVE OFFICER T 'AGNER stated the prop- erty is Mr. Everett's, the south ten feet of Lots 8 to 14 inclusive in Sunnycrest. IiAYOR CARRIGAN requested that this be referred to the Planning Commission for recommendation. ATTORNEY CAMPBELL refer-;-d to the letter from Street Supt. Finnerty regarding the transfer of mo -y for the oiling of 6/19 907 streets, which was discussed last week. The street, known as 21st Street, for which 1290,00 was collected has not been oiled. The property owners have naid the entire amount neces- sary. Mr, Finnerty does not have sufficient money to do this job until City Treesurer Vansant transfers the collected money to the Street Improvement Fund. There was some misunderstanding on "Cu Avenue. It required 7464.00 to oil "Cu Avenue and there was 1348.00 collected, but through error the street got oiled. There is still 1116.00 flue. Mr. Vansant has 3348.00 which should be transferred to the Street Improvement Fend, of a290.00 must be used for improving and oiling of 21st Street between National and Roosevelt Avenues, the remainder belongs in that fund,to repay the oil used on "C" Avenue. No ction is necessary, City Treasurer transant will make the necessary transfer. CITY CLERK ALSTON stated that we are having a meeting of the League of California Cities Freiday evening at La Mesa, and for the past year it has been the nolicy of the Council for the City to oay for Department Heads, City Officials, Chairmen of Connissions and the entire Planning Commission if they attend the League dinners, and she would like to know the present no1j.cy of the Council in this regard. MAYOR CARRIGAN said it is his recommendation that we should discontinue the nolicy of the City paying for the League dinners, and it can be dis- cussed and taken um) at a later date. CITY CLERK ALSTON reported she received a Bulletin from the League of California Cities and the fight for the Assembly Bill 3217 has now moved to the Senate, and they are requesting that the citizens of -^.h City and Councilmen narticipate in this fight, to bring it to a vote. MAYOR CARRIGAN stated the City Attorney sent a letter to the Se „Itor and Assemblyman. 6/19 908 This is an additional request to 'put more fuel on the fire" now that it is in the Senate. According to the morning's paper it was to be acted on today. If it has not, Hr. Carrigan said he thought it would be well for each one of the Council members to direct a letter to Senator Kraft supporting the League of Cities stand in this particular natter, and that the City Attorney be instructed to send a telegram to Senator Kraft. COUNCILMAN CIARI.F said he thought itshould be mentioned in the telegram that the Bill hes the full sunnort of -the Council. PIAYOR CARRIGAN requested Attorney Campbell to send the telegram. ACTING ADMINIST?ATIVE OFFICER T'AGNER reported he had received e request from Fred Shadley for extension of tine on a salvaging job. The lease of two -months ends June 20 and they are requestii a thirty day extension permit, The City receives 150.00 a month for this permit. ICS. SHADLEY vas present and stated the City has a 1500.00 surety bond, It was anticipated taking the boat on the beach April 20th, but it could not be moved until May, which makes it necessary for a month's extension of time. MAYOR CARRIGAN said it is his recommendation that since the bond has been Hosted, and it wee primarily posted to make certain that the debris vas cleaned up afterwards, that the extension of time be granted. Moved by Ingalls, second by Hart, that the permit heretofore granted by the City of National City, a municipal corporation to Fred Shadley and A. L. Linthicum, dated April 19, 1951, be extended for a term of onenonth, from the 19th day of June, 1951, upon condition that the nernittees pay to the City of National City the sum of 150.00 therefor, and upon the further condition thatall terms and conditions. set forta in the said permit be included in this extension, including without limiting the foregoing that 6/19 909 the &500,00 surety bond remain in force and effect during the extension. Carried, all Councilmen present voting aye. COMMUNICATION FROM SUPERINTENDENT SANITATION DEPARTMENT MIKKELSON was read, requesting permission to advance J. Q. Davis and n. E. Donavon from helpers to truck drivers in the Sanitation Department. Davis has been acting as driver for the past six months with a helper's nay, so he should advance to the seond step, or S265 as his pay in the top bracket as a helper would be greater than the first step as a driver, Mr. Donavon would advance to the first sten, f249.00 per month. These will be temporary appointments pending examina- tion by the Civil Service Commission, and wrill be effective July 1, 1951. Permission is also requested to make a tempo- rary appointment of one of the present drivers to the position of Dispatcher pending an examination for the vancancy. It is further requested that permission be granted to place two more men as helpers to replace the men that are promoted. The number of drivers and helpers are the same as those budgeted for in the 1950-51 budget, it is merely replacing two men no longer with the Department. Moved by Hart, seconded by Clarke, that the request be granted. SUPERINTENDEITT OF SANITATION 14IKKELSON vas present and stated the advancements would also be effective July 1, 1951. This request is being made at this tine to take care of the new budget. Tha Dispatcher is asking for a leeve of absence, and one of the drivers has tendered his resignation. The Disnatcher is no longer with the Department pending action by the Civil Service Commission on leave of absence, as of June 15th, and one driver is resigning June 25th. We are now without a Dispatcher and starting Monday we will be short one driver. A second letter from Superintendent of Sanitation iIi'_-'relson was read which 6/19 910 stated the Dispatcher has asked for a leave of absence, and one driver has resigned effective June 26, 1951, and another driver will be on vacation from June 18 to July 3, 1951. This will meke the Department short handed and it will be necessary to add another man. The cost will be leas than ordinarily as the man hired will be at 1229.00 in place of $270.00, and the last 5 days we will save the wages of one driver, or approx- imately 192.00 total saved even by hiring a new man. The present crew could do the work but it would mean working over- time each day for the entire crew, thereby adding to the cost of the crew. This man would go to work June,22, 1951. Carried, by the following vote to -wit: Ayes: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. COMMUNICATION FROM ARTHUR H. iMARSTON, Chairman of Save Our Water Committee, was read, regarding the City's contribution to the Citizens T'ater Conservation Committee. It is requested that National City contribute 1150.00. MAYOR CARRIGAN stated it was agreed to pay the 1150.00 to the Committee after July 1st, and requested the City Administrator to notify them to that effect. COIL iUNICATION FROIS JOHN H. AKERS, 1525 "D" Avenue, was read, regarding an incident which occurred in connection with a police officer's conduct in handling a situation concerning juveniles. A reply to Ir. Akers letter by Chief of Police Smith was read. MAYOR CARRIGAN ordered the communications filed. COMMUNICATION FROI: CHIEF OF POLICE SHITH was read. Chief Smith states in reviewing the personnel files of the Police Depart- ment, it is noted that during his absence in I'ashington,D. C., Officers Trilliam A. Nosal and Richard J. Donovan satisfactoril; 6/19 911 completed their probationary period as ±patrolmen. It is recommended the above officers be placed under a permanent Civil Service status as of February 1, 1951. Moved by Ingalls, seconded by :art, that the permanent status of Officers `riliiam A: Nosal and Richard J. Donovan, be approved. Carried, all Councilmen nresent voting aye. MAYOR CARRIGAN stated that he made a motion sometime ago that the probation period be changed from six months to one year under Civil Service. on the basis that six months teas not sufficient time to really feel out the calibre of a man especially in the position of police and firemen, and asked if the Council would approve sending a recommendation to that effect to the Civil Service Commission, and request a ruling on it. COUNCILMAN INGALLS stated the Civil Service Rules state that "all persons apnointed or promoted in the comnetitive service shall serve a probationary neriod of six months from the date of appointment". The only way these rules could be changed would be through a nublic hearing and a recommendation from the Civil Service Commission after the hearing, and then it would be up to the Council whether or not they wanted to follow the recommendation of the Civil Service Commission. It 1s mandatory that the Civil Service recommend that it be annroved before the Council can anrrove it. MAYOR CARRIGAN said he would like to refer this to the Civil Service Corm'_ssion for recommendation, and discuss it infornally Path them. ACTIPG ADMINIST^ATIVE OFFICER HATTER spin_ at the nresent time we find ourselves in the position of being without a City Engineer and having a aener contract for which the bids were authorized to be advertised, and the snPcifications cannot be passed out until they have been signed. This is the property on "L" Avenue between 15th and 16th Street. Tre also have two 6/19 912 bills that we can submit for payment -from the State Highway which le for cleaning National Avenue and it is necessary to have the Engineer's signature on them, ATTORNEY CAMPBELL stated that in regard to the bills there is not enough involved to make any difference at this time. If the Council wish to nroceed with the sewers on "L" Avenue it will necessitate the hiring of an Engineer at least for the approval of the plans. MAYOR CARRIGAN recommended this be carried over until after July 1st at which time we will have a City Engineer. ACTING ADMINIISTRATIVE OFFICER TAGNER stated he talked with Mr. Luckman, and he said he hoped that the City would not find themselves in the position of being sorry if at some later date they could not get someone to build the pier for them, Mr. Wagner said that its. Luckman had offered to write a contract for Deane, Gunther and Shirley to have them build a pier and he would act as the City's agent. It was his intention to bring Mr. Deane here this evening to discuss this matter, In regard to the funds owed Hr. Luckman claims he stated he knew the City had the funds to nay the bill, which totals somewhere in excess of 14,100.00, and he has always operated on the policy of paying their sub -contract jobs as soon as they were completed. He is very desirous of clearing up the bill for rvans. He would like to have the City remit the µ4,100.00 as soon as possible, as per contract. be referred to Attorney Campbell. MAYOR CARRIGAN requested this ACTING ADMINISTRATIVE OFFICER T'AGNER read a communication from the Traffic Safety 'Commission, which stated they have the Traffic Survey report react' to present to the Council and would like to ar-,ange a meeting with the Council. Conies of the Traffic Ordinance were enclosed. 6/19 913 C0UNCILMAN CLARKE said he thought the Council should study the 0rdinpnce and then set a time for the meeting next Tuesday. MAYOR CARRIGAN ordered the communication filed. COMMUNICATI0N FRCH RECRvATION DIRECTOR CASEY was reed, stating that the Recreation Commission worked diligently in establishing the nature and scone of the summer program, and the summer nersonnel were notified in February that they were included in the program., The salaries of the summer personnel were budgeted last year, with the exception of Kenneth Wiley, Junior Life guard. who is taking the place of Gene Horton, and Robert Taylor, who was previously certified by the Council. MR. WAGNER seta Mr. Casey vresented him a letter for his signature, which Hr. Tragner stated must be presented to the Council. The letter is to the Payroll Clerk and Civil Service Commission. authorizing the nayment of the following nersonnel for the summer months: James Bass, Recreation Specialist, 8279.00 per month, starting July 1, 1951; Lyle Fredlund, Recreation Snecialist, n252.00 per month. starting June 11, 1951; Robert Taylor, Recreation Leader, 8252.00 ner month, starting June 11, 1951; IIauricea Sperrandeo, Swimming Instructor, 8252.00 ner month, starting June 2, 1951; Gracelyn Cavanaugh, Clerk, ``184.00 per month, starting June 2, 1951; Barbara Boggs, Clerk, 1184,00 per month, starting June 2, 1951; Marren Wolff, Senior Life guard '11.05 per hour, starting June 2, 1951; James Stewart; Senior Lifeguard '11.05 per hour, starting June 2, 1951; Kenneth Wiley, Junior Lifeguard, $ .90 ner hour, starting June 2, 1951. Mr. 'ragner said if the Council approves, he trill sign. MAYOR CARRIGAN asked if these were all new employees. COUNCILi•AN INGALLS said these are nositions that are ordinarily filled during the recreational period. Moved by Hart, seconded by Curry, that the list of summer employees be accepted, as reed 6/19 914 and that Actsng administrative Officer be authorized to sign the document. Carried, by the following vote to -wit: Clarke, Curry, Hart, Ingalls, Carrigan. Nays: None. Ayes: COM'UNICATION F'.0i__ STATE OF CALIFORNIA. OFFICE OF CIVILIAN DEFENSE was read, regarding °Rescue Service". The materials required and method of operation were listed. COUNCILMAN CLARICE suggested the letter be referred to Disaster Coordinator, Clifford Reed; MAYOR CARRIGAN ordered the RESOLUTION NO. 5471 was read, as follows: letter referred to Mr, Reed. TJHEREAS, Clarence Morris is the owner of certain property in the City of National City, California, known as Hillton Park Subdivision; and WHEREAS, it is the desire of said Clarence Morris to install at his sole expense all lateral sewers in the said Hillton Park Subdivision, together with all necessary sewer lines to connect said laterals to the present National City sewer system; and, T'HH£PEAS, it is the desire of said Clarence llorris to contract with the City of National City to receive reimbursement from all persons not within the Subdivision and using such sewer laterals if legally possible to so do. NOir, TH'PEFORE, BE IT RESOLVED by the City Council of the,,City of National City, California, that Clarence Morris is hereby granted the right to install at his sole expense all lateral sewers on a certain subdivision in the City of National City, California, knoirn as Hilltop Park Subdivision, and to connect said sewer laterals to the present sewer system of National City, California, at a point and upon the terms and conditions as required by the City Engineer of National City and in accordance with all Ordinances of the City of National City and the laws of the County of San Diego and the State of California. That the City of National City, shall, if legally permissible contract with and nay to the said Clarence Morris all money collected by the City of National 6/19 915 City from persons living without the Hilltop Park Subdivision and who will use said sewer lines installed by the said Clarence Morris, subject to the following: That the amount to be collected by the City for each connection the aforesaid sewer lines from nersons living without the Hilltop Park Subdivision shall be the sum of -;170.0n, and provided further, that from the total cost of installation of the entire sewer • system by the said Clarence Morris there shall be deducted a sum equal to the number of lots in said Subdivision multiplied by q'170.00. The balance, if any, shall, when collected by the City, be the total amount to be reimbursed to Clarence Morris, T'"iat any money collected in excess of this sum shall be and remain the oroperty of the City of National City. That the accettance of the terms of this Resolution by Clarence Morris shall be upon thr express condition that the said Clarence uorris shall not make any claim or demand for re- imbursement extent as hereinabove trovided, And,•thet in the event that it is not legally possible to nake said reimburse- ment es herein provided, that said Clarence liorris shall accent the rights granted by this Resolution upon the express condition that the said Clarence '-orris shall make no claim or demand ageinst said City of ponies collected from persons living without said subdivision and connecting and using said sewer, and further, that the City shall have the right to permit s^id connections and charge therefor. That this Reso- lution shall be condflonal upon the execution and delivery by Clarence Morris of a valid waiver of ell liabilities that have accrued or which may hereafter accrue to said Clarence Morris as owner of Hilltop Perk Subdivision and against the City of National City and all agents, officers and officials thereof, by reason of the lowering of the grade of that portion 6/19 916 of Euclid Avenue adjoing the said Hilltop Park Subdivision. Moved by Hart, seconded by Clarke, that the Resolution be adopted Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL said it has been called to his attention that the City of San Diego has sought to collect sales tax from certain individuals in National City, based upon the theory that the material was furnished to people within the City of San Diego, they pay no sales tax to the City or use tax. The City of San Diego provides for a use tax if sales tax is not collected, There is an exception in their ordinance, that tax shall not be collected if the Cities have a similar clause in their ordinance, same as San Diego, If the Council so wishes, Mr. Campbell said he would see what can be worked out with the City Manager's office of the City of San Diego. Moved by Clarke, seconded by Hrrt, that the City Attorney be instructec to check into this matter, Carried, nil Councilmen present voting nye.. REPORT FROM THE PLANNING COMMISSION was read, regarding the General Comnunity Plan for National City. The Commission has held two public hearings and it is recommended that the City Council authorize the City Clerk to post notice of a required third public hearing and the Council conduct the hearing on July 10, 1951, MAYOR CARRIGAN ordered the report accepted, as read, and the hearing be set on July 10, 1951, Mayor Carrigan also requested the Council meet with the Commission, prior,to the hearing in order to go over the Plan. Moved by Clarke, seconded by Hart, that the City Clerk be authorized to post. notice of the third public hearing to be held July 10. 19510 at 8:00 P, M. Carried. all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION w'ts read, regarding the 6/19 91? request of the Paradise Valley Sanitarium for a zone variance f-i 0-4 use in R-4 zone in order to permit the Sanitarium to operate a trailer cnmp. It is for temporary use possibly for a neriod,of one year, The Commission members,agreed on a limited permit for four trailers for one year, and that the 0-4 use in R-4 zone, for four trailers for one yerr be termin- ated August 1, 1952, CITY CLERK ALSTON stated no action can be taken tonight. REPORT FROM THE PLANNING COMMISSION wns road, regarding the , request of Dale Mann for a zone variance permit on Lots 11, 12, 13, 14 in Bleck 2 of D. E, Lozier°s Subdivision. Mr. Mann desires to use a business telephone at 545 E, 14th Street until such time as he can construct e. new real estate office and insurance office elsewhere in the Gity. There would be no signs on the premises. His real estate license is inacti- vated, The Commission npproved the request of Dale Mann for the use of a business telephone at his residence for a period of nne year until he can erect a real estate and insurance office, MAYOR CARRIGAN ordered the request laid over until the next meeting in order that the City Attorney may draw up the necessary resolution, MAYOR CARRIGAN appointed Councilman Ingalls as Finance Chairman, Councilman Hart and Councilman Curry as members of the Finance Committee. COUNCILMAN CURRY stated that Mr. Harkey requested he be paid for vacation, and asked what action had been taken,, MAYOR CARRIGAN said that it was tabled for the time being, but asked the City Attorney to give n ruling in this regard, ATTORNEY CAMpBELL said he questioned whether or not you c'tn paythe vac after the resignation. The renigna.tion could have been made 6/19 918 effective at a future date, and if the Council sow fit to Approve it in that manner It could have been done. COUNCILMAN INGALLS stated he understands that Mr. Harkey resigned n few days short of the time but that he felt he had some compensa- tory time, LEROY HARKEY said he resigned approximately a month before his 15 day vacation period actually was earneda However, there are numerous hours of overtime which were accumulated and was unable to take off. Mr. Harkey pointed to the hours of his overtime as further justification of his request. COUNCILMAN INGALLS said the Civil Service Rules state, that we cannot pay for overtime, except by special dispensation, but everytime anything comes up about overtime we find that no records have been kept. It is not necessary for the Council to take any action to give the employees time off for overtime, 5 it should not even be necessary for the matter to be brought before the Council, Mr. Ingalls said he thought that the Department Heads should keep a. record of the overtime so that it can be referred to when necessary. MAYOR CARRIGAN said some- time ago it was requested that the Department Heads keep a rating primarily for merit purposes and this overtire could be included as a help to the Council and help to solve these problems as they come up. MR. HARKEY said that overtime records are kept in the Street and Sanit^tion Departments. COUNCILMAN CLARKE said he was in accord with Councilman Ingalls' suggestion. COUNCILMAN INGALLS said the Civil Service Rules state °depart- ment herds may grant compensating time off° and he thought it would be well to make it mandatory instead of permissive, make it read "department heads shall grant compensating time off°. MAYOR-CARRIGAN stated that it is the suggestion of the City Attorney that Mr. Hrzttey submit a letter requesting the amount in overtime, equivalent to his 15 days vacation; perhaps it 6/19 919 would avoid the City keep the Cityfon getting int" any legal difficulties, and the Council can pass an it, Moved by Hart, second;d by Clarke, that the sleeting be closed, Cnrried,a.11,:ouncilnan »resent voting aye. ATTIST: cat- 6/19