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HomeMy WebLinkAbout1962 11-13 CC MIN193 National City, California, November 13, 1962 Regular meeting of the City Council was called to order by Mayor Gautereaux at 1:30 p.m. o'clock. Council members present: Allen, Colburn, Hart, Morgan, Gautereaux. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Carstens, Foster, Hess, Osburn, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Hess, followed with invocation by Mayor Gautereaux. Moved by Allen, seconded by Hart,the minutes of the regular meeting 'of October 23, 1962, be approved. Carried by unanimous vote. Moved by Colburn, seconded by Allen, the minutes of the adjourned meeting of October 30, 1962, be approved. Carried by unanimous vote. Moved by Colburn, seconded by Hart, the minutes of the adjourned meeting of November 2, 1962, be approved. Carried by unanimous vote. Moved by Hart, seconded by Colburn, the minutes of the adjourned meeting of November 5, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. 8232 ;was read, "A RESOLUTION GRANTING AUTHORITY TO RETAIN REAL ESTATE APPRAISER". Moved by Colburn, seconded by Allen, the Resolution be adopted. VICE MAYOR ALLEN stated this is an appraisal of two pieces of property; Mr. Barber is in the audience and he talked with him earlier of the possibility of perhaps negotiating with the City Attorney, his attorney and the City Engineer, and is possible it will not be necessary to have the appraisal on one piece of property. MAYOR GAUTEREAUX asked the City Manager to give a background of Mr. Sweeney, as the appraiser, and how we arrived at this gentleman and whether or not we have done business with him before. CITY MANAGER HESS stated it would have to come from the City Attorney. Mr. Hess said he might be able to shed some light on the negotiations with Mr. Barber, who is present. As of last week we arrived at a price and an agreement between Mr. Barber and the City Manager's office, and this morning we presented Mr. Barber with documents which he preferred to take to his attorney to see if they were in proper order relative to the slope easement as well as the actual purpose of the right of way, and Mr. Hess said he understands as of this moment they have not been approved by Mr. Barber's attorney. MR. BARBER was present and stated his attorney advised him Mr. Newberry of the Engineer's office would meet with him at 2:00 p.m. today and Mr. Barber said his decision will depend on what his attorney has to say in this regard. Mr. Barber said he believed both the City and himself would be ahead if no action was taken at this time; and he would like to have time to confer with his attorney before he comes back to the Council. CITY MANAGER HESS 11-13-62 194 stated he wond..red if the retention of Mr. Sweeney would make any dif- ference in his fees as to the valuation of one piece of property as opposed to two. ATTORNEY CARSTENS stated the negotiation with Mr. Sweeney was done through his office on the basis of there being two pieces of property; we never did specifically say it was prorated in certain portions for Mr. Barber's property and certain portions for the other property, but we talked about two pieces of property when we arrived at the fees. Mr. Carstens said he thought it would be reson- able to believe in the event there was only one piece of property involved in the appraisal, the fees would be adjusted accordingly, and he is sure it could be worked out with Mr. Sweeney. There is a time problem involved and until we get the appraisal we cannot proceed with condemnation action, if one is required, and we cannot proceed with the 1911 Act on Plaza Blvd. without the condemnation action in acquir- ing the property, and without the 1911 Act we cannot proceed with the Freeway system. It is not uncommon the condemnation proceedings are initiated and at the same time negotiations take place with the pur- chaser. VICE MAYOR ALLEN asked if there was more than one appraiser consulted. ATTORNEY CARSTENS stated there was more than one appraiser consulted; the fees are pretty well standard among the qualified appraisers; it would be possible to get a lesser price but we would be getting a lesser appraisal. Mr. Sweeney was highly recommended. COUNCILMAN MORGAN stated he would like to have it laid over for a week. CITY MANAGER HESS said perhaps the City Engineer could inform us whether or not one additional week would have a great deal of vari- ance on our 1911 Act. CITY ENGINEER FOSTER stated we have to have the property at the City's disposal at the time we award the contract; assuming we successfully conclude the Resolution of Intention hearing today. We would not want to advertise until we were sure of getting the property and the acquisition of property hinges on the appraisal and the filing of the suit or the successful conclusion of some nego- tiations. MAYOR GAUTEREAUX stated he felt the appraisal should be made regardless of whether it is bought by the City or it is condemned, we should know the valuation of the property. Motion carried, by the following vote to -wit: Ayes: Allen, Colburn, Gautereaux. Nays: Hart, Morgan. RESOLUTION NO, 8233 was read, "RESOLUTION OF COMMENDATION TO MAYOR CHARLES C. DAIL FOR SERVICES AS PRESIDENT OF THE LEAGUE OF CALIFORNIA CITIES". Moved by Allen, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8234 was read, "iESOLUTION COOAENDING JOHN F. KENNEDY, PRESIDENT OF THE UNITED STATES". Moved by Hart, seconded by Allen, the Resolution be adopted. Carried by unanimous vote. 11-13-62 195 RESOLUTION NO. 8235 was read, "RESOLUTION OF AP:'RECIATION TO THE HONORABLE EDmUND G. BROWN, GOVERNOR OF CALIFORNIA AND THE HONORABLE ELIGIO ESQUIVEL MENDES, GOVERNOR OF BAJA CALIFORNIA, MEXICO". Moved by Hart, seconded by Allen, the Resolution be adopted.. Carried by unanimous vote. RESOLUTION NO. 8236 was read, "RESOLUTION OF THANKS TO THOSE GROUPS PARTICIPATING IN THE 1962 SALUTE TO NAVY WEEK". Moved by Allen, sec- onded by Hart, the Resolution be adopted. Carried by unanimous vote. HEARING ON PLAZA BLVD. 1911 ACT was held at this time, PROTEST FROM; WILLIAM M. WESLEY, JR. and ZONA LEE WESLEY, was read, petitioning the Council to allow them to refuse this undesirable access to the pro- posed Plaza Blvd. and thereby relieve them from the burdensome assess- ment. MRS. WESLEY, JR., 2228 E. 12th Street, was present in regard to their written protest. After considerable discussion, it was moved by Allen, seconded by Colburn, the hearing be closed and the City Attorney proceed with the 1911 Act. Carried by unanimous vote. HEARING ON ZONING ON JILLIAMS AND CHASE ANNEXATIONS was held at this time. CITY CLERK ALSTON reported she received no written protests, and no one was present in this regard. Moved by Allen, seconded by Colburn, the hearing be closed and the City Attorney and Director of Planning continue with the zoning procedure on the annexations. Carried by unanimous vote. ATTORNEY CARSTENS stated in regard to the case in which the City was a party for the Cruz child who was killed sometime ago, the case came to trial this morning and the insurance company authorized a settle- ment in favor of the child. ATTORNEY CARSTENS stated several weeks ago there were several stop notices referred to him for work and materials that had been supplied by sub -contractors on the Community Building. The stop notices are pursuant to the statutory provisions of the Code of Civil Procedure. Mr. Carstens stated he has learned from the City Manager there have been releases prepared in order to provide for the payment of the money to the proper persons. Until such time as those releases have been actually executed and approved it would be his recommendation the City Treasurer not turn over any of these funds as the law requires the funds be held by the City Treasurer until such time as the matter is worked out between the contractor and the sub -contractors; and it is his understanding it is in the process of being worked out. CITY ►UTANAGER HESS stated he has the releases and stated he wished to turn them over to the City Attorney for his perusal, and if he feels this has been resolved, the Council can authorize the City Treasurer to 11-13-62 196 make the final payment on the Community building. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved and these be paid upon the clearance of the City Attorney and the necessary officials be authorized to draw the warrants for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: None. Councilman Morgan abstained from voting. ATTORNEY CARSTENS stated at the last meeting there was referred to him a claim on behalf of Carmen Steger, a small child, who was apparently involved in a cave in of some sort on property near 1915 Harding Ave., which occurred on September 3, 1962, and a verified claim was filed with the City Clerk on behalf of the attorney for the girl and was referred to himself and the insurance company. Since that time the case has been discussed with the insurance company; the claim was for $250,000. It is being investigated as to whether it actually occurred on City property; there is some question as to whether this particular location is owned by the City or privately owned. Due to the amount of the claim and the circumstances, Attorney Carstens stated the only recommendation he could make, which is in accord with the recommenda- tion of the insurance company, for the Council to deny the claim in its present form. Moved by Allen, seconded by Colburn, the recommen- dation of the City Attorney to deny the claim for $250,000 be approved, and the City Clerk be authorized to notify the claimant and her attor- ney of the action. Carried by unanimous vote. ATTORNEY CARSTENS stated with regard to the First Christian Church property which was sold several months ago, and there were eight notes and trust deeds. The notes have been paid by the First Christian Church and the Attorney was directed to prepare the necessary papers to release the trust deeds. It involves a request for reconveyance to the title company on each one of the trust deeds and delivery of the trust deeds, notes and the required fees to the title company in order to clear the title on the property. A resolution has been pre- pared which has the request for reconveyance and the necessary action to complete this. Moved by Allen, seconded by Morgan, the recommenda- tion of the City Attorney be approved, and the Resolution be read for funds to pay for the reconveyance. Carried by unanimous vote. RESOLUTION NO. 8237 was read, "RESOLUTION AUTI-IORIZING MAYOR TO EXECUTE DOCUMENTS FOR RECONVEYANCE COVERING TRUST DEEDS EXECUTED BY FIRST CHRISTIAN CHURCH OF NATIONAL CITY". Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. ATTORNEY CARSTENS stated with regard to the California Water and Tele- phone Company's request for rate increase, the firm of Leeds, Hill & Jewett has been informed of the Council's action, and he has learned 11-13-62 197 from Mr. Engstrand of Jennings, Engstrand and Henrikson, representing the South Bay Irrigation District that the District has approved the arrangement of their District to pay 70% and National City pay 30% so the matter is now in the process of research and a report by the company. CITY ATTORNEY CARSTENS reported he received a letter from New England Industries, Inc. of New York City and it concerns information in regard to a community antenna television system. Mr. Carstens stated it appears to be the type of thing the City Manager is more qualified to answer than he, and recommended the communication be referred to the City Manager for study and answer. Approved by unanimous vote. E. H. ALSDORF, 2105 "J" Avenue, was present, and stated he wished to thank the persons who in the past three and one-half years had any- thing to do with the opening and reclaiming of 27* inches of alley between 21st and 22nd Streets and "•J" and "K" Avenues. TARRY SCALF was present and stated he represented Lawrence Holzman, Receiver for Western America Sports Enterprises, Inc. and Empire Mortgage & Loan Company, which did own a piece of property on E. 8th Street, sometimes called Terry Lane. Mr. Scalf said he understands it is a private street and does not come up to City specifications. There has been some negotiations on the part of the City acquiring the easements pertaining to these properties, and it was his understanding the matter would come up today. MAYOR GAUTEREAUX stated the City Manager will cover it in his report later in the meeting. COUNCILMAN MORGAN stated he would like the City Manager to take a look at the cornice on the Community Building as he thought it would be in order to spend a little more money on the facia. than just putting on facia board. Mr. Morgan said he would like to see something built out in comparison with the new part of the building. Moved by Morgan, seconded by Hart, we authorize the City Manager to make a study on it and bring back a report. Carried by unanimous vote. COUNCILMAN MORGAN stated he has noticed the City Attorney and the Mayor moved out of the office which was remodeled upstairs in the City Hall and moved into the new Community Building. The Building Depart- ment was moved into the garages, and he was wondering if it was not money that could have been saved for the short time the Mayor and City Attorney occupied the office. MAYOR GAUTEREAUX stated as far as the money is concerned what little expense went into the cleaning up of the filthy office that was left behind from the Building Department, it is a very suitable office now that it is cleaned up and is being put to good use by the Planning Dept., or whoever is occupying it. It 11-13-62 198 is important that the office of the Mayor and City Attorney they are now occupying is on the ground floor level and is in keeping with the dignity of a new office for the position of the Mayor and City Attorney; and the people of this City are entitled to have that office presented in the manner it is now being presented in the new office they now occupy. COUNCILMAN MORGAN stated he would like to know if it is legal for the Mayor and City Attorney to set up offices in the Community Building since the adoption of a resolution which stated the buildings on the park lands be used for recreation only. Moved by Morgan, sec- onded by Colburn, the City Attorney research the matter. Carried by unanimous vote. VICE MAYOR ALLEN stated if things had turned out as most citizens seem to think they should,have, we probably in a very few months would have a civic center where these offices could be very well situated so everyone would approve of them; this did not happen to be the case, so we must makeshift the best we can. MAYOR GAUTEREAUX stated in talking about expenses we have discovered a situation Mr. Morgan has abstained on which is again in the area of smallness; what we were considering that he abstained on was stop notices of sub- contractors of the major contractor here in the Community Building of non-payment, or people who have not been paid to date that have to be satisfied by his own brother, and now he is turning around and worrying about expense and wanting to have additional expense to the Community Building. Mayor Gautereaux stated whatever our policy is we should be consistent in our thinking when it comes to spending money and saving money. COUNCILMAN MORGAN stated anything pertaining to the Community Building he has no interest in, he has no interest in his brother's business, and he does not intend to;:and his brother would not let him have an interest in it if he wanted to. Mr. Morgan said he does not want people to accuse him of voting on something that would help his brother; he would never do that or help any of his relatives while on the Council. COMMUNICATION ADDRESSED TO MAYOR GAUTEREAUX FROM JOHN W. GULLETT was read, expressing his gratitude to the Mayor and City Council for their support of the Unified Port District proposal, and recommended Don Freeman be considered for the appointment of National City's Port representative. LIST OF NEW BUSINESS LICENSES AND CHANGES was presented, and accepted by unanimous vote, REPORT OF CITY TREASURER KERR for period sented and ordered accepted and filed by OLIVEWOOD HOUSING report for October was ending October 31st was pre - unanimous vote. presented. The report was accepted and ordered filed by unanimous vote. 11-13-62 199 REPORT OF PARK & RECREATION ADVISORY BOARD for November was presented. Moved by Alien, seconded by Hart, the minutes be accepted and filed as there was no action taken due to lack of a quorum. Carried by unanimous vote. REFUNDS of $25 performance bonds to the following were presented: William M. Hardesty; Agapita Rivera; J. M. Alotta; Mrs. A. B. Liening; Hurshel Lee Walker; James R. Harvey, Sr.; Dempsey Allender; and Nelson Oil Refining Company. Moved by Alien, seconded by Morgan, all the refunds be approved and the necessary officials be authorized to draw the warrants for same. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Morgan, Gautereaux. Nays: None. VICE MAYOR ALLEN stated he received with his agenda a copy of a letter addressed to the City Council relative to Kimball Brothers Carriage by R. E. Hazard, telling us he did furnish this carriage at the request of the Olivewood Club. Moved by Allen, seconded by Morgan, the action be acknowledge with thanks. Carried by unanimous vote. COMMUNICATION FROM BERNARD KRAMER, owner of the K-Kar-Rayco Corp., was read, stating they have sublet Property located at 1548 Highland Avenue, and wish to erect and illuminate a sign taking advantage of the now existing base which was formerly used for the same purpose by the pre- vious occupants; however, there appears to be a technicality they were not aware of. The San Diego Sign Company was commissioned to erect the sign and upon applying for the necessary permit they were informed the existing base is on City property and no permit was issued. They are requesting they be allowed to install their sign at the same location, using the same base as was originally used. CITY MANAGER HESS stated they checked into it and found there is an existing struc- ture there, the base for a sign, which is actually an encroachment on City property; however, in conjunction with this we are in the process now of reviewing encroachment permits which are issued in various cities for circumstances very similar to this. It was the City Mana- ger's recommendation the K-Kar Rayco Corp. use the base even though it is an encroachment on City property, with two contingencies; that it be subject to the fact the property owner as well as the sign owner enter into an agreement with the City of National City to relieve the City of any liability should it occur as a result of the encroachment. Moved by Morgan, seconded by Allen, the recommendation of the City Manager be approved. E. H. ALSDORF, 2105 "J" Avenue, was present and asked the size of the proposed sign. CITY MANAGER HESS stated he did not know the height, but the base is the existing base which was there when it was operated by Sure -Fit Seat Cover Corp. BERNARD KRAMER was present and stated the size of the sign would be 5' by 10' and will be 11-13-62 200 about 20' high. MR. ALSDORF said he is against that kind of a sign. Motion carried by unanimous vote. CITY MANAGER HESS stated in con- junction with this he would like to refer the matter to the City Attor- ney to make certain the proper agreements can be entered into as out- lined in his recommendation. Approved by unanimous vote. CITY MANAGER HESS stated sometime ago he received a letter from Lawrence Holzman, Receiver of the Terry Lane property, which stated he was Receiver in Superior Court Action No. 253518 involving Western America Sports Enterprises, Inc. and Empire Mortgage & Loan Company. Mr. Holzman stated he was involved, as Receiver, in several premises near 8th Street and "R" Avenue, National City, adjacent to Terry Lane. His interest as Receiver in those properties has been foreclosed; however, he has been informed by a title company he still has an interest, as Receiver, in the right of way on Terry Lane. He enclosed a plat of the area involved and a legal description of the right of way. It has been suggested his interest, as Receiver, in the right of way should be deeded to the City of National City, which he stated he is willing to do, provided the City of National City will accept the deed and further provide there is no cost to the Receiver, CITY MANAGER HESS stated they did quite a little research on this matter, both from the Engin- eering standpoint and from the point of view relating to Planning. The City never had any interest in the developing of Terry Lane as far as cost or condoning the construction of the street, and Mr. Hess said he would recommend against accepting the street at this time, and only under contingencies whereby the developer, the Receiver, or who- ever the property holder was, would bring the street to street grade and provide for proper drainage. Mr. Hess stated he feels that as soon as the City would accept Terry Lane as a dedicated street we would then assume the liabilities of any drainage misfortunes which might occur. Mr. Hess said he would recommend Terry Lane not be accepted and he be permitted to communicate with Mr. Holzman, or his representative, and advise them it would only be accepted should the provisions be met which would be set by the City Engineer. Moved by Morgan, seconded by Hart, the City Manager's recommendation be approved, VICE MAYOR ALLEN stated he did not agree; the City of National City still needs streets. MR. SCALP stated as representative for the Receiver it would be impossible for the Receiver, under the court order, to do anything about it. Motion carried, by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Nays: Allen, Gautereaux. CITY MANAGER HESS stated there was discussion a few weeks ago relative to the acceptance of the Morris Subdivision, and wished to report our Supt. of Parks has been in contact with the representative of the 11-13-62 201 Subdivision and they are negotiating now as to the type of trees that will be installed. CITY MANAGER HESS reported on November 7th a representative from the Disabled American Veterans contacted him relative to authorization to sell poppies on November 8th; and since there was not sufficient time for Councilmatic action, he took it upon himself to give them the authorization and is reporting it to the Council the action taken to allow them to have it on a no fee permit basis. Moved by Morgan, sec- onded by Hart, the action of the City Manager be approved. Carried by unanimous vote. CITY MANAGER HESS stated we received a communication from the San Diego County Water Authority advising of some proposed rate increases, and suggested the material be filed with the City Clerk and any of the Councilmembers who are interested in reviewing the material submitted by them have access to it through the City Clerks office. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved and it be filed. Carried by unanimous vote. CITY MANAGER HESS stated when the budget was prepared relative to the Harbor Fund concerning Fire Station No. 2 it was accepted in the bud- get $500 for landscaping be paid from the Harbor Fund. The work has been completed; however, it has been charged to the Park Fund, and stated a resolution has been prepared to take care of the matter. RESOLUTION NO. 8238 was read, authorizing the transfer of $499.58 from the Harbor Fund to the Park Fund for landscaping of Fire Station No. 2. Moved by Alien, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. CITY MANAGER HESS stated with regard to the disposal of spoils, there was a check received by the City on iovember 5 in the amount of $1,000 from R. E. Hazard Company which stated it is for advanced payment on purchase of surplus dirt for State Highway through National City, rate price to be 100 per cubic yard. Mr. Hess said he assumed it was based on the discussion which was held by the Harbor Committee at the time when a representative of the R. E. Hazard Contracting Company was present. Subsequest to that time, Mr. Hess said it is his understand- ing from the review of minutes, it was suggested the matter be adjuci- cated by the Unified ort District. Mr. Hess has another communication from R. E. Hazard Contracting Company, in regard to the time their equipment will use City streets, approximately 160 working days, or eight months to haul in the import. If it were possible to purchase from the City approximately 250,000 yards or approximately 350,000 tons or import, it would decrease the amount of truck traffic on 8th 11-13-62 202 Street from Harbison to the Freeway by approximately 23%. In addition to alleviating the City's streets of the truck traffic and relieving the traffic congestion, it would net to the City at the price of 1O0 per yard approximately $25,000 revenue from fill. CITY MANAGER HESS suggested the surplus be sold at this price to R. E. Hazard Contract- ing Company, who has been the successful bidder and contractor on the job; coupled with the fact when the Port development is on the way and we have received information from the Army Corps of Engineers there will be a tremendous amount of spoils available there which will have to go somewhere, and it was felt this is not detracting anything at all from the Paradise Creek area and will be made up and compensated by the dredging that will take place. Moved by Allen, seconded by Morgan,,it be laid over until after the Mayor's meeting tomorrow. Carried by unanimous vote. CITY MANAGER HESS stated Officer Devaney has been complimented by various individuals who were stranded while in the area and wished to express to him, through the Council, their appreciation for his kind- ness. Moved by Allen, seconded by Hart, the communication be referred to the Chief of Police and a copy be put in the Officer's jacket. Carried by unanimous vote. COUNCILMAN HART excused. CITY MANAGER HESS reported we received a letter of retirement by George L. Biser, an employee working in the Housing Department, stating he wished to terminate his employment for the purpose of retiring, effec- tive November 29, 1962; this to include vacation time due him. Moved by Allen, seconded by Morgan, the retirement be approved and the dates of leave, etc.. be checked by the City Manager, and a certificate for services be issued. Carried by unanimous vote. MINUTES OF NATIONAL CITY CHAMBER OF COMMERCE HARBOR COMMITTEE MEETING of October 15, 1962, were presented and ordered filed by unanimous vote. COUNCILMAN HART present. COMMUNICATION FROM DIVISION OF HIGHWAYS was presented. CITY MANAGER HESS stated it is an informative report with an attached map showing the work which has been done to date as well as the projected work, and recommended it be filed with the City Clerk. Approved by unani- mous vote. COMMUNICATION FROM VERNE WOLFE, Chairman of Salute to Navy Committee, was read, thanking the Council for their support of the 5th Annual Salute to Navy Meek; for taking part in the activities, and financin^ the event. It was also asked that thanks be relayed to the various departments and City employees for their help. The communication was. ordered filed by unanimous vote. 11-13-62 203 NOTICE FROM SAN DINGO COUNTY WATER AUTHORITY of a meeting of the finance and Insurance Committee for November 15th, was presented. CITY CLERK ALSTON reported she received copies of the release for pay, ment regarding the Community Euilding, CITY CLERK ALSTON stated since the Port Authority has been voted in she had some questions she wished resolved. We have seven firemen at Fire Station No. 2 who are paid out of the Harbor Fund, half of the salary of the Administrative Assistant is also paid out of this fund. Mrs, Alston stated the Attorney for the City of San Diego has ruled that San Diego cannot pay salaries out of the Harbor Fund any longer; and she would like guidance as to how this is to be handled. Mrs. Alston asked if we are going to set up a Trust Fund for the money from our tidelands leases and asked what we are going to do with the money we had in the Harbor Fund at the time the Port Authority was voted in. Moved by Allen, seconded by Hart, the questions the City Clerk has be referred to the City Attorney and be brought up at the meeting tomorrow. MAYOR GAUTEREAUX asked that the motion include the City Manager as he thought administratively this could have been worked out prior to this time. The motion was amended to include the City Manager. Carried by unanimous vote. Moved by Morgan, seconded by Hart, the meeting be closed. Carried by unanimous vote. Meeting closed at 3:17 p.m. ATTEST: CITY CLERK CI OF NAAL CITY, CALIFORNIA 11-13-62