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HomeMy WebLinkAbout1962 02-06 CC MIN239 National City, California, February 6, 1962 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p,m. o'clock. Council members present: Alien, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Foster, Gautereaux, Herger1, Kerr, Osburn, Stockman. The meeting was opened with pledge of alleg=x,Icfl to tie Flag by City Manager Bird, followed with invocation by RJHicks of the Calvary Baptist Church. CITY CLERK ALSTON stated on page 236 of the minutes, under the report of the Planning Commission "12th Street" was omitted, and with the correction asked the minutes of the regular meeting of January 23, 1962, be approved. Moved by Allen, seconded by Reid, the minutes be approved as corrected. Carried by unanimous vote. BILLS AUDITED BY THE FINANCE COOMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Gas Tax Fund Trust & Agency Fund Drainage Fund Park Construction Fund Payroll Fund TOTAL $ 28,379.35 132.00 238.36 13,767.75 14.98 25.00 50.00 28,754,25 1,315.57 104,869.41 $ 177,546.67 Moved by Morgan, seconded by Reid, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. CITY CLERK ALSTON reported the following bids were received for the remodeling of Community Building in Kimball Park: J. P. BENDER CON- STRUCTION COMPANY, $101,887.00; ALVIN CLANCY, $104,377.00; LEE J. MORGAN CONSTRUCTION COMPANY, INC., $96,582.00. CITY MANAGER BIRD presented the minutes of the regular meeting of the Board of Directors of the San Diego County Water Authority; also not- ice of meeting of the Engineering and Operations Committee of the Water Authority on Thursday, February 8, 1962. Documents ordered filed by unanimous vote. CITY MANAGER BIRD reported he had an opinion from the County Water Authority by its legal counsel, William H. Jennings, and it regard to an opinion rendered by the Attorney General as of 13, 1961, in relation to the "Buy American Act" as provided sections 4300, 4305 of the Government Code, and recommended referred to the City Attorney. Approved by unanimous vote. is in December for in it be 2/6/62 240 CITY MANAGER BIRD stated some time ago at the request of the Lions Club relative to participation of the Fourth of July celebration held in Kimball Park, we were instructed to make an estimated cost of supply- ing the booths necessary to meet the County Health Department's require- ments where food is handled. The cost, with estimated labor to con- struct same, totals $690.84. CITY MANAGER BIRD recommended the Supt. of Parks be authorized to proceed with the construction. Approved by unanimous vote. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, relative to the change in the Penal Code Section 1557, effective September 15, 1961, concerning advancement of money to coverthe expenses of state agents in extradition cases. This new change in the Penal Code was presented to the Council on September 26, 1961. At the present time the Depart- ment holds a felony warrant against an individual, who is being held on our felony warrant in Many, Louisiana. Suspect refuses to waive extradition and the necessary papers are now enroute to the Governor's office for formal extradition proceedings. It is requested approval be granted for the advancement of money, in the sum of $830.00 to cover the antici3ated expenses. The average time elapsed between advancement of the money and the reimbursement by the State of Cali- fornia is about sixty days. CITY MANAGER BIRD stated because of the change in the law, we will have to advance the money, and recommended authorization be granted for the advancement of the money in the sum of $830.00. Moved by Reid, seconded by Allen, the recommendation of the City Manager to advance the money, be approved. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. REQUEST FOR REFUND OF $25.00 performance bond by C. E. Spainhower was read. CITY MANAGER BIRD stated the work has been inspected and approved by the Inspector in the Engineering Department and recommended the refund be made. Approved by unanimous vote. MINUTES OF SAN DIEGO BAY COMMITTEE of their meeting of January 18, 1962, were presented. Mr. Fessman and Mr. Rusk, National City's appointees were present. It was moved and seconded a letter be writ- ten to all Chambers of Commerce in San Diego County inviting them to the next regular meeting of the San Diego Bay Committee, to be held February 15, 1962, so they might be aware of what this Committee is trying to accomplish in regard to development of San Diego Bay, CITY MANAGER BIRD recommended the minutes be received and placed on file. Approved by unanimous vote. NOTICE FROM U. S. ARMY CORPS OF ENGINEERS was presented, relative to Application of Westgate -California Corp. to fill an area outside the 2/6/62 241 existing bulkhead line at Harbor Line Station 464, near the foot of Crosby Street. Ordered filed by unanimous vote. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, which stated the City of Chula Vista intends to annex the territory delineated on the attached map. The communication was ordered filed by unanimous vote. COMMUNICATION FROM COUNTY OF SAN DIEGO was read, relative to City Resolution No. 8055 requesting the San Diego County Board of Super- visors to include tax information about National City's budget with the 1962-63 county tax leaflet and tax bill. The Board of Supervisors on January 16, 1962, directed the Chief Administrative Officer to work with National City's officials to develop the information for the tax leaflet. Normally, reparation of tax leaflets begins about July 1st; therefore, their office will contact National City officials sometime immediately after July 1 to develop the information required for the tax leaflet. CITY MANAGER BIRD recommended the communication be received and referred to the City Clerk. Approved by unanimous vote. COMMUNICATION FROM ZENITH NATIONAL INSURANCE COMPANY was presented, notifying the City of National City that Policy No. P 34816 has been returned to their office for cancellation, in the name of Wm. J. Haas, General Contractor, who has completed the building of the El Toyon Community Building. Ordered filed by unanimous vote. COMMUNICATION FROM WM. G. GEROW regarding business license fee on searchlight advertising, and appeal for reduction of former rate of $25.00 per year, was presented. CITY MANAGER BIRD stated Mr. Gerow is appealing for relief from the present existing $50.00 per year rate, and recommended the communication be referred to the License Collector for a report and recommendation. Moved by Allen, seconded by Hollings- worth, we retain our license fee as is, based on the other cities. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: Morgan. REPORT OF CITY TREASURER for period ending December 31, 1961, was pre- sented and ordered filed by unanimous vote. MINUTES OF MEETING OF PARK AND RECREATION ADVISORY BOARD of February 1, 1962, were presented. CITY MANAGER BIRD stated there was considerable discussion held on various matters, but only one matter which they requested Council action. It was recommended by the Board two members be sent to the meeting in Berkeley on February llth to 13th. CITY MANAGER BIRD recommended two members be authorized to attend the meet- ing. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved; two members be sent to the meeting in Berkeley, 2/6/62 242 to be selected by the Park and Recreation Advisory Board. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. CITY MANAGER BIRD recommended the minutes of the Park and Recreation Advisory Board be filed. Approved by unanimous vote. NOTICE OF CANCELLATION OF INSURANCE POLICY OF Wm. J. Haas for fire insurance on the El Toyon Community Building was presented and CITY MANAGER BIRD recommended it be filed. Approved by unanimous vote. CITY MANAGER BIRD stated in conjunction with the policy we added the structure to our over-all fire Policy for the City's protection. CITY MANAGER BIRD recommended the City Attorney be authorized to pre- pare the necessary resolution awarding the contract for the remodeling of the Community Building in Kimball Park to Lee J. Morgan Construction Company, Inc., the low bidder. Moved by Alien, seconded by Reid, the recommendation of the City Manager be approved. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart. Nays: None. Councilman Morgan abstained from voting. REPORT FROM TRAFFIC SAFETY COMMITTEE of their meeting of January 1Oth, was presented. Request that palm fronds at the intersection of 8th Street and "D" Avenue be trimmed, also wording "Signal Ahead" at 8th Street and "C" Avenue and 8th Street and "E" Avenue, with a wavy white line painted on the street, be repainted. CITY MANAGER BIRD stated it had been done. A motion was made a letter be written to Clayton D. Crabb advising him a survey has been made of the traffic problem at the intersection of 20th and Prospect Streets, and corrective action is pending result of closer patrol of the area. The Committee made a motion a letter be written to Flora F. Knight advising her a request would be submitted to Guy Wilson, owner of the South Bay Plaza, to have "Private Property" sign showing a speed limit of 15 or 20 miles per hour posted at the beginning of his property of "L" Avenue which leads to the Plaza. CITY MANAGER BIRD stated it was not a recommenda- tion of the Committee; there was submitted a complete drawing by Mrs. Knight in which she set forth her idea of controlling the traffic in that particular area; the plan was sent to our Traffic Safety Commit- tee, and approved by the City Engineering Department, and it was a very good plan, and as soon as possible we will carry through with the plan as submitted. Moved by Allen, seconded by Reid, the recommenda- tions of the Traffic Safety Committee be approved. Carried by unani- mous vote. CITY MANAGER BIRD recommended the minutes of the Traffic Safety Committee be filed. Approved by unanimous vote. COMMUNICATION FROM MISSION OF HOPE was read, stating they would like the Council's approval for a non -fee business license for a Mission of 2/6/62 243 Hope Thrift Store to be located at 2813 Highland Avenue. CITY MANAGER BIRD recommended the communication be referred to the License Collec- tor for a report. Approved by unanimous vote. WAYNE REED, DIRECTOR OF MISSION OF HOPE, was present, and stated a delay, as proposed by the motion would be a very serious handicap to the Mission, and asked the Council to reconsider the request. CITY TREASURER KERR stated she could not give the Council a complete report; however, her office could not approve the request as the Salvation Army and Goodwill Indus- tries are in the same category and have a license. VICE MAYOR HOLLINGS- WORTH requested Mrs. Kerr to give her report after the hearing, which is now scheduled. WAYNE REID stated if there is a fee, which he has not heard of in twelve years, as they have always operated on a non - fee license in other cities, they would pay the license fee under pro- test. HEARING ON CLOSING PORTIONS OF 23RD STREET, "A" AVENUE AND CERTAIN ALLEYS was held at this time. CITY CLERK ALSTON reported she received no written protests, and no one was present in this regard. Moved by Alien, seconded by Reid, the hearing be closed and the Attorney auth- orized to prepare the necessary papers. Carried by unanimous vote. COMMUNICATION FROM E. H. ALSDORF, CHAIRMAN, 75th ANNIVERSARY, THE FIRST METHODIST CHURCH, was read, extending an invitation to the members of the Council to join with the Church in worship at 11:00 a.m. on Feb- ruary 25th, in commemoration of their 75th anniversary. Moved by Allen, seconded by Reid, the letter be acknowledged and filed. Car- ried by unanimous vote. CITY MANAGER BIRD reported he had a Covenant Running With Land which has been approved by the City Engineer, and recommended it be referred to the City Attorney for preparation of the necessary resolution of acceptance. Approved by unanimous vote. COMMUNICATION FROM JOSEPH R. & DORA LaFRANCE, was read, protesting the proposed assessment district on 20th Street between Granger Avenue and Rachael Avenue. CITY MANAGER BIRD recommended the communication be referred to the City Engineer for the hearing tomorrow evening. Approved by unanimous vote. CITY MANAGER BIRD stated he had a communication and a deed from the Paradise Valley Hospital and Sanitarium. Mr. Bird stated Mr. Rice, Administrator of Paradise Valley Sanitarium is in the audience and he believed Mr. Rice intends to show the Council the proposed improvement in their Hospital and Sanitarium, and asked if he could be heard at this time. FRANK RICE, ADMINISTRATOR OF PARADISE VALLEY SANITARIUM, wa.s present and presented proposed plans for the improvement of the hospital. We are attempting to eliminate all the old wooden structures. 2/6/62 244 Mr. Rice stated if the Council could write a letter to them, stating they are back of the project and briefly describe it, if the City feels we do need a new hospital in National City, the letter would be very closely scrutinized by the State and would have a good deal of meaning and a help in consideration of the project. Mr. Rice stated they are trying to get funds for the hospital from both the State and Federal Government, and one third would be raised by their organization. MAYOR HART stated, with permission of the Council, he would be very glad to write the letter; we need the hospital very badly in National City. COUNCILMAN ALLEN asked if it would be more impressive if we adopted a resolution containing the things the hospital would like to do. CITY ATTORNEY CURRAN stated he thought a resolution would be more formal and would be given more weight by the Federal Government in acting upon the application. Moved by Morgan, seconded by Reid, the City Attorney be authorized to prepare a resolution supporting a new hospi- tal in National City. Carried by unanimous vote. REPORT FROM CITY ENGINEER FOSTER was read, stating Mr. Rice, Administrator of Paradise Valley Sanitarium gave the City a deed for the Easterly 20 feet of Sanitarium Avenue. He also had a number of stipulations the Board of Directors voted to ask of the City regarding the widening of Sanitar- ium Avenue and also the 8th Street Gas Tax Improvement. No. 1. The Board wants all trees within the Sanitarium Avenue widening to be transplanted further back on their property. CITY MANAGER BIRD stated a survey was made in this connection by our City Forester and his department and the trees of such a character can be moved, the esti* mated cost of moving the trees is approximately $870.00 or $880.00. It will take about four months of time to complete the job, It was the recommendation of the City Manager the Park Dept. be authorized to move the trees. Approved by unanimous vote. Item No. 2. Since the Hospital is losing the main driveway into the Hospital, the Board wants the other driveway on 8th Street widened to 36 feet. Moved by Allen, seconded by Morgan, the request of the Board of Directors of Paradise Valley Hospital for an overwidth driveway in the vicinity of 8th Street and Sanitarium Avenue be granted. Carried by unanimous vote. Item No. 3. After the 8th Street improvement is finished and accepted by the State, the Board wants islands (painted or preferably raised) placed on 8th Street opposite the driveway to protect left turns into and out of the driveway. Moved by Allen, it be referred to the Traffic Safety Committee for study and a report made to the Coun- cil. CITY MANAGER BIRD stated we made a study of this before we came to the conclusion of the original plans which were accepted by the State Division of highways. We took into consideration the potential widening of the street, and in the loss of the diagonal driveway, it 2/6/62 1 245 becomes necessary for the additional driveway, just cleared by Council, and then a protective device such as turn lanes into it, which has been worked out by the Engineering Dept, and can become a reality when the improvement is finished because of the extra width of 8th Street. COUNCILMAN ALLEN rescinded his motion. Moved by Alien, seconded by Morgan, the recommendation of the Board of Directors of Paradise Val- ley Hospital be approved in regard to islands on 8th Street. Carried by unanimous vote. CITY MANAGER BIRD recommended the deed from the Paradise Valley Hospital and Sanitarium for the Easterly 20 feet of Sanitarium Avenue from 8th Street to 4th Street, be accepted and the City Attorney authorized to prepare the necessary resolution. Approved by unanimous vote. MINUTES OF REGULAR MEETING OF JANUARY 2, 1962, OF BOARD OF DIRECTORS OF SOUTH BAY IRRIGATION DISTRICT were presented and ordered filed by unanimous vote. COMMUNICATION FROM F. R. MAIDEN, Associate Pastor of Highland Avenue Southern Baptist Church, was read, thanking the Council for the fine way in which they stood by the Pastors and Churches of National City and other Christian citizens in regard to the matters of liquor lic- ense and the dance hall. Communication ordered filed by unanimous vote. COMMUNICATION FROM WILLIAM L. HUGGINS was read, stating he is trying to sell his property at 2801, 2805 and 2815 "B" Avenue, and has had many interested people, but all have stated if it was not for the sub -stan- dard housing units across the street they would be interested. It is necessary to hire someone regularly to clean up his yards and lot because of the trash which blows from the trash cans in the housing project. Mr. Huggins as1ed the Council to do something for the citi- zens and start phasing out these buildings. Moved by Hollingsworth, seconded by Allen, the Director of Housing check on the trash blowing into other people's yards in that area, and the letter be filed. Carried by unanimous vote. COMMUNICATION FROM E. F. GABRIELSON, CITY ENGINEER, CITY OF SAN DIEGO, addressed to City Engineer Foster, was read, relative to Metropolitan Sewer Project - Contract 6. As a condition for the granting of an easement to the City of San Diego for the construction and operation of the Metropolitan Sewer across property owned by National City southerly from 24th Street, we are placing in the contract specifica- tions the following work and requirements to govern our contractor. 1. The contractor shall use the disposable material from the excava- tion of the sewer trench throughout the length of contract #6 to make a fill in the easement through above described property. 2. The con- tractor shall complete a 8O' wide graded section throughout the length 2/6/62 246 of the easement southerly of 24th Street to provide for vehicular traffic and shall leave the area in a finished and usable condition. CITY MANAGER BIRD stated the legal description of the property has been checked by Mr. Foster's office. The City of San Diego is asking for a resolution which grants to them the permanent easement and right of way to construct, reconstruct, maintain, operate and repair a pub- lic sewer or sewers, including any or all appurtenances thereto, together v,ith the right of ingress and egress, over, under along and across all that real property situated in the City of National City (the legal description is set forth). Together with the privilege and right of temporary use of a strip of land lying 40 feet on each side of the above described 20 foot parcel, for the uses and purposes of construction of the interceptor sewer hereby contemplated. This right and privilege to be in force during said construction and to cease and terminate upon completion of the contract therefor, CITY MANAGER BIRD stated the next section was changed after a conference with our City Engineer and the City of San Diego. This is the corrected and agreed to section: "it is expected this easement will be dedicated as a city street, and when this occurs the City of San Diego :':- -lareby granted authority to construct, raintain and operate the interceptor sewer of the Metropolitan Sewer System in this street of National City under the same terms and conditions as the City of National City constructs, maintains and operates its own sewer facilities therein." CITY MANA- GER BIRD recommended the City Attorney be authorized to prepare the resolution authorizing the Mayor to sign the stipulation. Approved by unanimous vote. CITY MANAGER BIRD stated at a previous meeting we authorized a Harbor Committee meeting for 10:30 a.m., February 8th, and asked if it is still in force. Mr. Bird was assured it was. COUNCILMAN ALLEN excused. CITY TREASURER KERR stated due to the overload of licenses, their fol- ders "are buried" but it is her recommendation the matter of the request of the Mission of Hope be laid over one week for her report. WAYNE REID, Director of Mission of Hope, stated he would like to peti- tion the City Council to do as the other cities in Southern California and issue a non -fee license. VICE MAYOR HOLLINGSYORTH stated she did not think the Council should grant the request without having a fur- ther resort from Mrs. Kerr. COUNCILMAN ALLEN present. MR. REID stated if his request is to be held over another week he would like to purchase the license at the City's fee and ask the City for a refund when it is determined what the license fee might be. 2/6/62 247 RESOLUTION NO. 8064 was read, "RESOLUTION AUTH)RIZING EMPLOYMENT OF BOND COUNSEL." Moved by Morgan, seconded by Reid, the Resolution be adopted, Carried by unanimous vote. ORDINANCE NO. , "AN ORDINANCE Ali.ENEING ORDINANCE NO. 827 RE- GULATING TRAFFIC IN NATIONAL CITY," was presented for the first reading, and read in full. ATTORNEY CUR. -AN reaorted the Public Utilities Commission of the State of California in Case no. 7178 entitled: "Investigation to deter- mine whether General Order No. 103 should be amended by inclusion therein of provisions relating to fire protection service," has given notice of the temporary removal from the calendar of the mat- ter. There were very extensive legal questions raised in the brief of the various respondents as_:to the jurisdiction of the Public Utilities Commission in this matter to proceed and establish regula- tions regarding si;e of water pipes and other matters which a private public utility had to install for fire protection service. Also some of the municipal corporations have taken the position before the Public Utilities Commission this is a matter the City' has the right to regulate, some cases by contract and other cases by franchise. A further hearing has been set for February 21st; if there will be a further setting in the matter we will receive notice in advance from the 'ublic Utilities Commission. ATTORNEY CURRAN stated with reference to the General Municipal Elec- tion which will be held in April, if the Council desires to avail it- self of the services of the Registrar of Voters as it has in the past in the providing of mailing services, labels and registered voters lists, it would be appropriate to authorize the preparation of a reso- lution for that purpose. Moved by Allen, seconded by Morgan, the City Attorney be authorized to prepare such a resolution, as in the past, requesting the services of the Registrar of Voters. Carried by unanimous vote. ATTORNEY CURRAN stated in regard to the bankruptcy matter which was referred to him at the last meeting, required no further action, and no appearance on the Dart of the City Attorney is necessary. The notice was ordered filed by unanimous vote. CITY ATTORNEY CURRAN presented a Certificate of Insurance showing Archie C. and Lydia M, Norman have owners' landlords' and tenants' liability insurance; also Certificate of Insurance showing Alcorn Fence Company has bodily injury and property damage, and recommended the Certificates be filed. Approved by unanimous vote. 247 248 ATTORNEY CURRAN stated at the invitation of the City Attorney of the City of San Diego, the City Attorney of National City has joined with other City Attorneys of San Diego County in filing a petition for per- mission to file a brief as a friend of the Court in support of the petitioners for the hearings in the case before the Supreme Court of the State of California entitled "In re Carl Lane on Habeas Corpus.R' This is the case which has received considerable publicity in the past several weeks. The basis of the question being raised by the Cities of the County of San Diego in their request to be heard as a friend of the Court in the matter was that the principle of home rule should have some meaning and that to the extent the Supreme Court does sus- tain the original opinion in this case; the doctrine of home rule is very clear. ATTORNEY CURRAN stated the City Council on the recommendation of the Harbor Committee, authorized the City Attorney to prepare a new lease for Nalco Plumbing & Heating Company upon the conditions of the exist- ing lease. Examination of the existing lease shows it was one of the first leases drawn for any portion of the tidelands. a.yd since that time there have been several changes in some of the so-called standard clauses inserted in the lease of tidelands which have been prepared and executed by the City in recent years. The City Attorney requests clarification from the Council in the matter as to whether or not the standard clauses which are now inserted in all the new leases, or whether the form set up in the original lease should be used. Moved by Allen, seconded by Reid, all the new ideas that have come up and have been clarified in various leases., this lease be brought up to date with all the others. Carried by unanimous vote. ATTORNEY CURRAN stated the question which came up at the last meeting regarding the application of our Zoning Ordinance No. 962 with refer- ence to the property known as 1504 E. 8th Street, has been examined by the City Attorney, and it is beyond any question Mr. Robinson does own the land in question. Nobody could possibly contend otherwise. The point in issue, however, is whether or not the Ordinance requiring a setback line applies. It is equally clear to the City Attorney the provisions of this ordinance do require the setback line be complied with, There was apparently a misconception as to whether or not the City was attempting to take the land. The City cannot take this land unless it pays for it; so the only thing that has even been before the Planning Commission is whether or not Ordinance No. 962 did apply with reference to the setback, and it is very clear it does apply. CITY ATTORNEY CURRAN stated the Public Utilities Commission has also launched an investigation which has "very far reaching consequences. 248 249 It is an investigation which this City will want to follow very closely; because of the time consuming nature the City Attorney does not believe the Council will want to oarticioate but will certainly want to get all the exhibits that are filed and keep for reference. It is Case No. 7132. There have been hearings held already, both in Los Angeles and San Francisco and there are further hearings set and the Commission has now broadened the nature of the inquiry to i:aclude the following subjects; Under the category of nuclear energy, the electric generating utilities under the jurisdiction of the Commis- sion are directed to present to the Commission in March a comprehen- sive survey of information on nuclear energy including, but not necessarily limited to the following: present status of the use of nuclear energy in California for the generation of electricity; pros• pects for the future use of nuclear energy in California for the generation of electricity; status of research and development on nuclear power plant; estimate of total energy requirement to be ob- tained from nuclear sources on an nuclear energy on the requirement mic cost of nuclear energy. With of fuel oil, the Commission seeks equivalent energy basis; affect of for natural gash autimate of econo- reference to t:e general category information o.i the following prob- lems; nature and extent of natural gas markets in California with competitive fuel oil; present and estimated future availability in California of grades of fuel oil which are competitive with natural gas on an equivalent energy basis; future prospects cf oil as a fuel in California for domestic, commercial and industrial uses on an equivalent energy basis. The Commission does not stop there but is also seeking to supply information on coal, as follows: Present and future use of coal as a fuel in California on a equivalent energy basis; developments in the coal industry that may effect the present and future use of coal as a fuel in California; potential sources and quantities of coal for possible California markets. ATTORNEY CURRAN stated he believed it was worth while to take the time to go to the extent the Commissioners go to consider these matters because every time a rate increase is filed by an electric company, particularly in this area it would be the San Diego Gns & Electric Company, these are the questions that are taken into consideration by the Commission in determining many of the factors that go to make up the various com- ponents in fixing the rates which we pay for electric energy and also for natural gas. From time to time there will be additional informa- tion from the Commission with reference to the proceeding. ATTORNEY CURRAN stated the Attorney for the California Water & Tele- phone Company has advised the City Attorney after the Engineering Department of the Water Company had an opportunity to go into the 249 250 matter further, it now appears to the Company, the facilities which they installed in 8th Street between Sanitarium Avenue and Rachael at the time they were installed in the 1880's was in a public street; therefore, no further claim is made by the California Water & Tele- phone Company to enter into an agreement by which the City of National City would advance one half the estimated cost'of relocating the Company's facilities in this area. ATTORNEY CURLAN stated he has examined the proposed mutual fire fight ing agreement submitted by the commanding officer of the U. S. Naval Station, also the substantially similar agreement which was entered into between the City of Imperial Beach and the commanding officer of the U. S. Naval Auxiliary Air Station at Ream Field. Whether or not the City Council desires to enter into such an agreement is a matter of Policy. There is nothing in the form which is objectionable, and the agreement as to form could be approved. Moved by Allen, seconded by Reid, a resolution, if necessary, or whatever procedure is necess- ary for us to go along with these other people and join in the agree- ment to make it 100 percent, be approved. Carried b; unanimous vote. ATTORNEY CUiRAN reported on Thursday, January 25th, he went to Los Angeles and attended a meeting of the Alcoholic Beverage Control Board Appeals and at that time an attorney appeared for Mr. Harold F. Dodds, who urged the Board to overrule the decision which had been made previously in the matter. The City Attorney raised for the re- cord a technical objection to Mr. Dodds appearing as a protestant, for the reason the City had never received any notice he was appeal- ing, the only notice we ever had was that the Tavern and Restaurant Association was appealing. The matter was argued by the City Attor- ney, after which time the Board took the matter under submission and in due course we will have a decision on it, and as soon as it is received, the City Attorney will report to the Council. AUGUST FETKENHJUR, Manager, Sprouse Reitz Company, 205 E. 8th Street, was present and asked Mayor Hart questions regarding the Bond issue; City Attorney; overtime pay for the 'olice Dept; trash collections; and the Palladium. LEWIS T. STG ELLS, 210 North "Q" Avenue was present, and reported the condition of the street. After it rains it is impossible to drive a car on the street, it must be left along the curb, as it is full of holes. The gentleman further stated there is a deep canyon at the end of the street which is very dangerous. Moved by Allen, seconded by Hart, it be referred to the City Manager for the possi- bility of installing a guard at the end of North "Q" Avenue and also check on the possibility of giving them relief due to the fact it is 250 251 under the 1911 Act. Motion lost, by the following vote to -wit: Ayes: Alien, Hart. Nays: Hollingsworth, Morgan, Reid. Moved by Hollingsworth, seconded by Morgan, the condition on "Qn Avenue be re.. ferred to the City Manager. Carried, by the following vote to•wits Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Allen. L. R. ROBINSON, 1304 E. 8th Street, was present, and stated he be- lieved there was a motion last week to look into his problem, and if he understood correctly the Council reported he owned the property and Ordinance 750 still prevails. Vice Mayor .1b1lingsworth stated she talked to other people who feel if this street is ever opened up it will be a traffic menace. It is true we need the half we have now for drainage purposes. We cannot violate our own law by granting Mr. Robinson a building permit, so there is only one recourse for Mr. Robinson, and that is to go back to the Planning Commission and ask for a zone variance. REV. TED HICKS, Pastor of the Calvary Baptist Church, 2438 E. 18th Street, was oresent, and stated he was appearing before the Council concerning the building at 21 W. 7th Street, which has been known as the Palladium. The building has been opened to them for an Evangel- istic Crusade. Rev. Hicks stated he called the City Attorney, and he stated according to Ordinance 962 you cannot have a Commercial zone. We are not going in there to have public gathering, for about two weeks, or a limited stated he would like to ask whoever wrote Ordinance ever read the Constitution of the United Stated and Rev. Hicks stated he would like to request a permit church in the church, it is a time. Rev. Hicks 962 if they have the amendments, to use the build- ing for an Evangelistic Crusade. REV. FLOYD E. PITTMAN, 1305 Harbi- son Avenue, was present and. stated he would like the Council to do everything they can to give Mr. Hicks the liberty of holding a re- vival meeting in this place. Moved by Allen, seconded by Morgan, we permit Rev. Hicks to have his meetings at the Palladium if he wants to for a limited period of time. COUNCILMAN MORGAN stated he would like to ask the City Attorney if we would be violating the law by the adoption of this motion. ATTORNEY CURRAN stated Rev, Hicks raised the question of the Constitution and quite properly so, be- cause there is not any question because freedom of religion is one of the vital things established here. Motion carried, by the follow- ing vote to wit: Ayes: Alien, Hollingsworth, Morgan, Reid, Hart. Nays: None. HOWARD GOSSER, 681 III" Street, Chula Vista, was present and stated on January 16, 1962 the City Council voted to revoke his dance license at the Palladium Ballroom. The reason the license was revoked was 251 252 because payment was refused, and Mr. Gosser said he is asking the Coun- cil for a refund of $75.00 which he paid for dancing for a period of five days. Moved by Morgan, seconded by Allen, it be referred to the City Treasurer and City Attorney for a report at the next Council meet- ing. Carried by unanimous vote. CITY CIE RK ALSTON asked Mr. Gosser if he would give us a written request for the refund. MAYOR HART asked permission to appoint Windfred Benson, 1325 Carol Place, as a member of the Park and Recreation Advisory Board to replace David vright. Permission granted by unanimous vote. COUNCILMAN ALLEN stated he thought we should start the second phase of the removal of the public housing, specifying the two story buildings east of National Avenue and south of 24th Street; also consideration on the motion we would require a 90 day notification for tenants to move, and at least 160 days for the removal of buildings which would amount to approximately nine months; which would be up to the end of October of 1962 before we could possibly fulfill it. Moved by Allen, we start the second Phase and start it as of now. MAYOR HART stated he would like to see this held up until next week as it is his under- standing a petition will be presented. Motion died for lack of a second. VICE MAYOR ROLLING& ORTH reported on her trip to Sacramento. The meet- ing was well attended, over 300 were Present. It was the second time in history the League has ever called a special meeting. The purpose of the meeting was to find out how cities felt about Metropolitan Government. There were preambles, rules and regulations laid down by the cities to the League of California Cities so the Legislative Advo- cates would know exactly what the cities wanted in the State of Cali- fornia. vie heard Dr. Sherwood of the University of California talk and he was very much in favor of Metropolitan Government because he wanted to get rid of all the special assessment districts, such as sanitation districts, fire districts, etc. A report was given by the Asst. Attor- ney of the City of Los Angeles and he explained we did not need any new legislation to set up any of these districts, or even a metropoli- tan district, that we had the legal utensils with which to do it now under the Joint Powers Agreement. After a day and a half of listening to the various reports a resolution was passed that the cities of Cali- fornia do not want any part of Metropolitan Government; they say it is taking away from the rights of the cities, and they were all for home rule. Apparently it was the first time anything ever passed by unani- mous vote. MRS. HOLLINGSWORTH stated in 1963 when the Reese Bill, 2728, comes up again, it may not come up under Mr. Reese or that num- ber, but the members on the Council should be on the lookout for it because it is trying to set up legislation forcing Metropolitan 2/6/62 253 Government, taking away the home rule of cities. We heard Gov. Brown who was urging us to go for Metropolitan Government, but even so they do not think the bill should be passed and the cities want to retain home rule and not get buried under a big super government district. They passed one other resolution. Mr. Carpenter was not opposed to the setting up of a cabinet of urban affairs, because we all know 80 percent of all the people in the United States live in cities and 20 percent live on farms in rural areas and there is a farm cabinet mem- ber. It was made at the request of the American Municipal Association, of which we are a member, and the Mayors born in the east went before Pres. Kennedy when he was running for office and asked him to put the urban affairs cabinet post in his plans, which he did, and after the year has gone by he has been trying to establish it, Mr. Carpenter stated the set up is wrong and does not think it should be done, and it was voted we oppose it. It was the method and ways that was involved in this cabinet wherein it will give the Federal Government a chance to set in and effect the home rule of cities. They voted to go against it and to notify all of our Congressmen and Senators that the League of California Cities is on record as opposing it. The meeting was well worth attending. MAYOR HART thanked Vice Mayor Hollingsworth for the report. COUNCILMAN MORGAN asked if Mr. McClure could give the Council a report on whether the Water Company could run those lines and sprinkler sys- tem on the freeways in National City. J. P, McCLURE of California Water and Telephone Company, was present and stated he did not have the veport. COUNCILMAN MORGAN stated a former Mayor of National City says the City has $5,000,000,00 worth of land that should be put back on the tax roll. Mr. Morgan stated the only large piece of land he knows we have is the 77 acres where the housing is situated. If we sold the 77 acres for $60,000.00 an acre we would receive $4,620,000,00, and we have a few spotted lots around the City which this does not include. Mre Morgan asked the City Manager if there is some land the City owns other than what he mentioned. CITY MANAGER BIRD stated there are ele- ven parcels of land, as to the value of five million dollars, that would be dependent upon who was appraising the land. Mr, Bird said the best he can see is land in the value is perhaps $2,750,000.00 to $3,500,000.00 at the most, with market conditions as they are, or what can be seen in the future, There is some City owned land in the swamps which we are attempting to fill. MAYOR HART stated we have advertised to sell the property on which the housing project which was recently phased out was located, and we have received very few calls. It is 2/6/62 254 his understanding at the present time there are a few people who are interested. COUNCILMAN ALLEN stated it could be possible the City owns $5,000,000.00 worth of land if the three parks were included, which are not for sale. COUNCILMAN ALLEN stated he thought if Mr. McClure wished to come to Council meetings, he should be able to do so without being questioned unless there is something very important to be brought up. COUNCILMAN MORGAN stated Mr. McClure has statedhe would have a report and he is expecting to get a report. MAYOR HART stated any Council member has the right to call anybody to come before the Council; also the right to address "the chair." CITY CLERK ALSTON stated in 1957 the Legislature added Sections which allow arguments to be submitted to the voters for or against City measures. We have the $750,000.00 bond issue to be put before the people, and the Attorney for our election supplier suggests the City Clerk fix the closing date as February 23rd for submitting arguments :pro or con. CITY CLERK ALSTON stated there is no provision for post- in4 the notice and they suggested She post it in the city'fall, set- ting the closing date for argumeintS as February 23rd, and asked that the papers give this a little publicity, if they so desired. Moved by Allen, seconded by Reid, the recommendation relative to posting the notice be approved. Carried by unanimous vote. CITY CLERK ALSTON presented the annual report of financial transac- tions concerning streets and roads for the fiscal year 1960-61, and it will be on file in her office. CITY CLERK ALSTON stated she was directed by the City Council several weeks ago to send copies of our resolution regarding the break down of taxes on tax statements to all the incorporated cities in the County, and she has received a resolution adopted by the City of Del Mar to this effect, and it will be on file in her office. Ordered filed by unanimous vote. CITY ENGINEER FOSTER stated we have been working for some time on the project for the sewer relocation to accommodate Highway 101 and we now have the executed agreement by the State Highway Department, the plans and specifications are completed, and requested the City Clerk be authorized to advertise for bids for the sewer relocation for Highway 101. Approved by unanimous vote. CITY ENGINEER FOSTER stated on February 1st, City Planner Stockman and himself attended a meeting of City Engineers in San Diego. There were representatives from all the cities in the county, also representatives from the U. S. Army Engineers in regard to flood control, They 2/6/62 255 explained there are two kinds of flood control reports made, one is flood plane information studies, and survey report studies. They have funds to carry on quite a few of these flood plane information studies which we felt would be very helpful. On the list which was prepared, Sweetwater River was No. 2, and Paradise Creek No. 1, and we did not quarrel about that. The group decided Mr. Hoffmaster, the County Flood Control Engineer, would prepare a rough draft of the application in conjunction with representatives from the Army Engineers, and when it is prepared it will be reviewed by the cities concerned and even- tually they will want a resolution from each of the cities authoriz- ing the county to request a study be made. it seemed to all present at the meeting it was a good way to do it. REPORT FROM THE PLANNING COMMISSION was read, stating Carousel Hard- wood -Softwood Lumber Company has requested those portions of 9th and loth Streets lying west of the westerly line of Wilson Avenue and east of the easterly line of the San Diego Ariiona and Eastern Railroad right-of-way be closed. The Commission recommended the request be granted, subject to provisions being made for a 15 foot wide easement, with adequate access, for a storm drain as acceptable to the City Engineer. CITY CLERK ALSTON asked if the easement had been received. CITY PLANNER STOCKMAN stated the request has been made of the City Engineer to prepare the necessary legal descriptions for preparation of the easement. Moved by Allen, seconded by Morgan, upon receipt of the easement, the recommendation of the Planning Commission be approved; and referred to the City Attorney. E. H. ALSDORF, 2105 "J11 Avenue, was present and protested the proposed closing. Carried by unanimous vote. CITY PLANNER STOCKMAN reported the term of office of Commissioners Dodd and Ogden will expire on March 2nd. Moved by Reid, seconded by Morgan, the meeting be closed. Carried by unanimous vote. Meeting closed at 4:17 p.m. ATTEST: CITY CLERK MAYOR �TTY OF NATIONAL�CiTY, t`ALIFORNIA 2/6/62