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HomeMy WebLinkAbout1962 04-24 CC MIN350 National City, California, April 24, 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, Biggs, Bird, Foster, Gautereaux, Hergert, Kerr, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Elder Robertson of the Paradise Valley Seventh Day Adventist Church. Moved by Allen, seconded by Hart, the minutes of the regular meeting of April 17, 1962, be approved. Carried by unanimous vote. RESOLUTION NO. 8105, was read, accepting offer of C. K. F-M, genera), contractors, to lease real property at the corner of 24th Street and Coolidge Avenue, for a rental of $60.00 per month. Moved by Allen, seconded by Morgan, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8106 was read, "RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED HEREIN AND DESIGNATED 'LISCHEID ANNEXATION', AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO". Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. ATTORNEY CURRAN stated he had secured copies for each member of the Council of Senate Bill 41, which was reported on at the last meeting of the Council; being the San Diego Unified Port District Act. Mr. Curran stated he has been in conference with some of the other city attorneys affected by this bill; the matter is under study as to whether or not the constitutionality of the bill might be questioned by Court proceedings. No final conclusions have been reached by any of the city attorneys in the matter at this time, ATTORNEY CURRAN stated at the last meeting a communication from the Chief of Police was referred to him which made reference to the pro- posal to adopt an ordinance prohibiting glue sniffing. The essence of the letter from the Chief is it would be very difficult to enforce the proposed ordinance because of the proof involved, and the letter states the effects of glue sniffing lasts for the duration of ten to fifteen minutes and it would take a medical examination to determine whether or not the youths had been sniffing glue, and there were other problems so the chemists were working on the possibility of excluding from the glue the ingredient which has the toxic effect. Attorney Curran stated it appears to him the points raised by the Chief of 4/24/62 351 police are well founded and the Council may wish to reconsider the authorization to adopt such an ordinance until it has a further oppor- tunity to study all of the problems. Moved by Morgan, seconded by Hart, the matter be laid over for further study. Carried by unanimous vote. ATTORNEY CURRAN reported Hardware Mutual Casualty Company has issued a certificate of insurance to replace a certificate issued last year, showing Paul W. Crook, Sr., dba Paul Crook Texaco & Towing Service has Workmen's Compensation general liability and property damage cov- erage, and recommended the certificate be filed. Approved by unani- mous vote. ATTORNEY CURRAN reported Zenith National Insurance Company has served notice of cancellation of Policy No. 150 3 7181 which gave Workmen's Compensation coverage to Marion A. Bowen, dba M. A. B. Construction. It was the recommendation of the City Attorney the notice be filed and Marion A. Bowen be notified of the receipt of the notice of can- cellation. Approved by unanimous vote. ATTORNEY CURRAN stated there was referred to him the matter of dedi- cation of streets and the creation of a revokable permit to afford access to Bahia Vista Tract. This problem has been under considera- tion for several months. In the process a deed was prepared to be executed by Bahia Vista Development Corp. wherein they would convey certain portions of their property to the City of National City. The authorization given to the City Attorney to prepare the resolution to dedicate the streets and to afford a revokable permit made no mention of the deed; the question, therefore, arises whether the City intends it should have such a deed from Bahia Vista Development Corp. prior to proceeding with the dedication. CITY MANAGER BIRD stated the position which General Services of the Federal Government take is they will not allow Bahia Vista to deed the missing portion of the street; therefore, we are attempting to give them a revokable permit, and upon its accep- tance by General Services, they will allow Bahia Vista to deed the missing portion of Coolidge Avenue and the other portion. General Services will not relinquish any of their assets until they are sat- isfied they have access to the lower portion of the approximately 12 acres which were sold to Bahia Vista Corp. on a contract. There is a certain amount of money due the Federal Government under the terms of the sale, and they do not care to waive any of their assets; there- fore, this revokable permit which will become unnecessary when the streets are dedicated will have to be processed by the City Council, and in turn sent to Mr. Norman Roberts at the San Francisco Regional Office of General Services. Mr. Bird stated he has prepared the way 4/24/62 352 by meeting with Mr. Roberts in his office and gave him a map of the proposal, and upon receipt of the release by Bahia Vista, then, and only then, can they deed to us the missing street. Moved by Morgan, seconded by Colburn, we approve the City Manager's recommendation. Carried by unanimous vote. ATTORNEY CURRAN stated with regard to the request of John Hancock Investment Company the lease to a certain portion of the tidelands, which it now has, be amended so the lessee would not only be John Hancock Investment Company, but also John Hancock Furniture Manufac- turing Company, John Hancock Casket Manufacturing Company and John Hancock Box Manufacturing Company, and the matter was referred to the City Attorney to ascertain whether it would be possible to legally agree to the change in question. The answer is clear, if the proper procedure is taken, the change can be made. WAYNE E. MACY, owner of Sweetwater Roller Rink, 24th and Highland, was present, and read a communication to the Council, which stated Mrs. Macy and he are seeking retirement from the skating rink business. A few weeks ago they were approached by a young man who is interested in their rink building, and have discussed all the facets and phases of his ideas and plans for the management and operation of a high-class ballroom for young adults within their rink building. RALPH MORRIS, 322 Alvarado Place, Balboa, was present and gave a brief outline of what he proposes to do, if he is granted permission to operate a ball- room in Mr. Macy's building. COUNCILMAN HART stated the City Planner said the building is in the correct zone for such an operation. MAYOR GAUTEREAUX suggested Mr. Morris submit his application for his business license, and stated he is sure there will be no conflict as far as this Body is concerned as long as his operation meets with the requirements of our ordinances, and that he appreciated Mr. Morris appearing before the Council, and personally wished him the very best of luck to his venture here in National City. MR. MACY stated three years ago, in the work he was following, Mr. Morris wrote a few words in relation to the background of dancing during the last fifty years, and Mr. Macy had copies prepared for each member of the Council, which he presented to the Council. MAYOR GAUTEREAUX stated National City will feel the loss of Mr. and Mrs. Macy in operating the skating rink, and the City did appreciate the "orderly house" they conducted. PAUL MIZONY, 614 Highland Avenue, was present, and presented some his- torical documents to the City of National City in observance of its 75th Anniversary. Mr. Mizony stated a duplicate of the documents are in the Conference Room of the National City Library. MAYOR GAUTEREAUX stated on behalf of the Council he accepted the two gifts and was sure it will mean a lot in our 75th Anniversary celebration. 4/24/62 353 MAYOR GAUTEREAUX stated he had a proclamation submitted by Chief of Police Cagle, requesting the week starting April 29th be proclaimed BURGLARY PREVENTION WEEK. Moved by Allen, seconded by Hart, the Mayor be authorized to publish the proclamation. Carried by unanimous vote. COMMUNICATION FROM BUFORD E. ELLIS was read, stating in keeping with the American tradition, he is hereby submitting his resignation from the Planning Commission, effective at the discretion of Mayor Gautereaux. MAYOR GAUTEREAUX recommended for consideration the resignation be accepted, and also recommended Mr. Ellis be reappointed to the Planning Commission. Moved by Allen, seconded by Hart, the recommendation of the Mayor be approved in regards to the resignation and reappointment of Mr. Ellis. Carried by unanimous vote. MAYOR GAUTEREAUX statQwi ;n view of giving confidence to all members of Boards, Co1u1ulssions and Committees that are appointed by the Mayor with rinz1 approval of the Council, he would recommend all members of pn...-as, Commissions and Committooc do aterd *crying in their capacity and remain serving as their respective terms do require at the moment. Approved by unanimous vote. COMMUNICATION FROM CHIEF CLERK, CALIFORNIA LEGISLATURE, was read, stating he wished to direct the Mayor's attention to the enclosed copy of Assembly Concurrent Resolution No. 14, which was acvptpd by the California Legislature on April 3, 1962. An acknowledgment or ,00�j_pt of the resolution would be appreciated. ASSE2BLY CONCURRENT RESOLUTION NO. 14 - Relating to provisions by California cities for their identi- fication from the air, was read in its entirety by Mayor Gautereaux. Moved by Allen, seconded by Colburn, we acknowledge receipt of the communication, and it be referred to the City Manager for a possible location where this can be accomplished. Carried by unanimous w te. MAYOR GAUTEREAUX recommended for the approval of the Council the appointment of Dawson Smith to the San Diego Bay Committee to fill the vacancy created by the resignation of James Rusk. Approved by unanimous vote. MAYOR GAUTEREAUX requested authorization to advertise for applications for a City Manager. Moved by Colburn, seconded by Allen, the Mayor be authorized to advertise for applications for City Manager; that we advertise through the media of the City Managers' Newsletter, our local paper and the League of California Cities. COUNCILMAN MORGAN asked if it would be in order to call Administrative Officer Osburn in and talk with him in this regard. MAYOR GAUTEREAUX stated he thought it would be most in order, and also he could also be considered in the applica- tions we advertise for. Carried by unanimous vote. 4/24/62 354 VICE MAYOR ALLEN suggested the Mayor, at his convenience, call an executive session on personnel discussion only. Moved by Allen, seconded by Colburn, the resolutions creating Kimball, Las Palmas, and El Toyon Parks be referred to the City Planner for study and recommendations for the changes in language and perhaps some legal descriptions for same. Carried by unanimous vote. Moved by Colburn, seconded by Gautereaux, one City Council meeting a month be held at night, the night meeting to be the fourth Tuesday. VICE MAYOR ALLEN asked if the motion carries is this to be on a trial basis to see if the attendance to the night Council meetings increase. MAYOR GAUTEREAUX stated he felt it would facilitate people who are not able to attend Council meetings during the day time hours; it will give them an opportunity to attend night Council meetings and see their government in action and possibly create much more interest of the people in being closer with the governing body. COUNCILMAN MORGAN and COUNCILMiAN HART said they would like the night meetings to be on a trial basis. COUNCILMAN COLBURN amended his motion to read it will be on a trial basis to be determined by the amount of people who_.are interested. MAYOR GAUTEREAUX stated he would withdraw his second and re -second the amended motion. Carried by unanimous vote. CITY CLERK ALSTON stated our Council meetings are set up by Ordinance and thought the Ordinance would have to be amended to hold night Council meetings. ATTORNEY CURRAN stated the City Clerk is correct, but it is his under- standing the intent of the Council of having this on a trial basis is to preclude the necessity of passing an ordinance and it might be accomplished by simply failing to have a quorum at the hour of 1:30 on the 4th Tuesday, and the declaration at that time the meeting will be adjourned from 1:30 to 7:30 p.m., so it could be accomplished on a trial basis by using that method. MAYOR GAUTEREAUX asked if the Attor- ney did not feel it would make a cumbersome type of situation and we could receive much criticism handling it that way. ATTORNEY CURRAN stated legally the grounds are safe, whether or not the Council wishes to so do is a matter of policy. COUNCILMAN MORGAN and COUNCILMAN HART said they were in favor of the City Attorney's recommendation. MAYOR GAUTEREAUX stated this will be the procedure the Council will follow unless a motion is put before the Council. Moved by Morgan, seconded by Colburn, the night meetings be held at 7:30 p.m. Carried by unani- mous vote. VICE MAYOR ALLEN stated he did not believe it was necessary for anyone to be here except either the City Clerk or the Deputy City Clerk, and no one being present by 1:30 there will be no quorum and the meeting can be adjourned until 7:30 p.m., and asked the City Attorney if that was correct. ATTORNEY CURRAN stated that is substantially his recollection and generally it is the Clerk who attends and makes the declaration, but he will ascertain the information. 4/24/62 355 REPORT FROM CHIEF BUILDING INSPECTOR BIGGS relative to request of Mrs. Ila C. Mason for refund of permit fees, was read. An inspection of the building site was made and it was determined no construction acti- vity had commenced. Due to the circumstances as outlined in Mrs. Mason's letter, and in view of the fact no work was started prior to the sixty day expiration period, it was the recommendation of the Building Dept. the request be granted, and a refund in the amount of $245. be made to Mrs. Mason. Moved by Alien, seconded by Morgan, the recommendation of the Building Inspector in regard to the refunds be approved, and the necessary officials make the refund. Carried by unanimous vote. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS was read, stating his off- ice has answered the communication from the San Diego Chapter, Ameri- can Institute of Architects, thanking the organization for its inter- est in the upgrading of our local Building Code. It is the intent of his office to consult with this organization of professional archi- tects and other interested groups during the preparation of a proposed ordinance adopting, by reference, a new Building Code. REPORT OF CITY ENGINEER FOSTER relative to proposed extension of Duck Pond fill onto City property, was read, stating the property has been examined and the area proposed to be filled is shown in green cross hatching. The bill, as proposed, is feasible, and it is recommended the City approve the County proposal. Moved by Morgan, seconded by Hart, the recommendation of the City Engineer be approved. Carried by unanimous vote. CITY CLERK ALSTON reported the following bids were received yesterday for the Improvement of Harrison Avenue and 24th Street, Quay,to Harri- son: V. R. DENNIS CONSTRUCTION CO., $50,983.52; DALEY CORP., $50001.91; KENNETH H. GOLDEN COMPANY, $51,669.18; R. E. HAZARD CONSTRUCTION CO., $49,472.47; GRIFFITH COMPANY, $49,842.78; FERRY BROS. MATERIALS CO., $53,665.63. COMMUNICATION FROM GLEN ISBELL was read, stating he is tendering his resignation from the National City Building Code Board of Appeals, effective this date. Moved by Morgan, seconded by Allen, the resigna- tion be accepted with regrets and a letter of appreciation be sent. Carried by unanimous vote. COMMUNICATION FROM CITY MANAGER BIRD was read, stating as of April 23rd he has 16 days accumulated vacation and 642 days of sick leave. Under Section 10.2, Rules and Regulations of Civil Service, upon application for retirement he is entitled to one month for each 20 days of accumu- lated, but unused sick leave. Beginning April 30th, 16 days of vaca- tion terminates May 22nd. Sixty-four days of sick leave entitles him 4/24/62 356 to three months, or until August 23, 1962. However, as he has filed his retirement application (as stated April IOth) effective July 1, 1962, it is requested approval be granted to begin his vacation April 30th and be credited with said sick leave; final termination of employ- ment July 1, 1962. It was requsted the Council take favorable action. Moved by Allen, seconded by Colburn, the request of the City Manager in regard to his leave be approved, and the separation date be approved. Carried by unanimous vote. Moved by Allen, seconded by Hart, upon Mr. Bird's termination, the duties of City Manager be imposed upon the Assistant City Manager in the interim while an examination of personnel is being conducted. Carried by unanimous vote. Moved by Morgan, seconded by Hart, we increase the Acting City Manager's salary to $1,100 a month. Motion lost by the following vote to -wit: Ayes: Hart, Morgan. Nays: Allen, Colburn, Gautereaux. APPLICATION FOR ON SALE GENERAL BEVERAGE LICENSE by Clyde D. and Robert F. Bonamo, 820 National Avenue. REPORT FROM CHIEF OF POLICE CAGLE was read, stating the location of 816 National Avenue, purchased in Novem- ber, 1961, by Clyde D. and Robert F. Bonamo, has been licensed under an On Sale Beer license since February 7, 1947. According to Mr. Miller, Department of Alcoholic Beverage Control, Application Officer, it is Mr. Bonamo's intention to surrender his two On Sale Beer Lic- enses located at 816 and 820 National Avenue in favor of one On Sale General license. In fact, 816-820 National Avenue are to be combined into one establishment. Mr. Miller stated a conditional license may be requested with the provision in order to retain the On Sale Gen- eral license, Mr. Bonamo must maintain the premises as a bona fide public eating place. It will be a matter to be determined if it will create any greater police problem to police on one On Sale General establishment than it has been to the police on two separate On Sale Beer establishments. Moved by Allen, seconded by Hart, the applica- tion be filed. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. CITY MANAGER BIRD stated he had the question relative to the escrow instructions of the Hewitt Bros., represented by Don Norman, Realtor, and the City property, which was approved by City Council. There is a question as to the escrow instructions and is a matter he would like to see cleared off the board before he leaves the City. Mr. Bird asked if the Council wished to instruct the City Attorney or specifi- cally state what they want in the escrow instructions; who is going to take it to escrow so the matter can proceed. DON NORMAN was pres- ent, and stated they would enter into an agreement with the City 4/24/62 357 whereby they would place a bona fide contract in the escrow prior to the close of escrow, within 30 days. Mr. Hewitt is in Los Angeles today consummating his deal on the building. VICE MAYOR ALLEN stated we had the escrow instructions and the Attorney reported to us they were not, in his opinion, exactly what he thought the City should have, so last week we asked an amendment be made which would be approved by the City, and was turned over to some of the City officials, but we still do not have anything to go on. MAYOR GAUTEREAUX asked the City Attorney if the amendment was clarified last week. CITY ATTORNEY CURRAN stated there was a motion last week which stated when the amendment is completed by Mr. Norman it be referred to the City Attor- ney for the legality and a report at the next meeting, if possible. The motion died for lack of a second. There was then a new motion made, stating the trade be accepted and the escrow instructions have an amendment that will clarify the fact it is property free and clear for property which is free and clear, and there will be a stipulation construction will start within 180 days and they will build a building, and the property is not for speculation. ATTORNEY CURRAN stated the escrow instructions which the City Manager has reported upon do take care of the first two of the four items; namely, it makes it clear the property will be free and clear, and construction will start within 180 days; but the instructions when the Attorney saw them did not state it would be an obligation to build.a building, and the property is not for speculation. MAYOR GAUTEREAUX stated he thought it would be in order for a motion to be made to instruct that the last two items which have not been fulfilled be fulfilled, and they be deliv- ered to the City Manager to be taken to escrow. DON NORMAN stated the portion which states it is not for speculation could be alleviated by the fact we are proceeding with the plans and stipulate we are going to build the building for Hewitt Bros., we are not going to build it for re -sale. Mr. Norman said he would go on record as stating they will have a bona fide contract in the escrow prior to its recording. ATTORNEY CURRAN stated there are two escrows; one is the escrow wherein the deed comes to the City, and the other is the escrow wherein the deed goes from the City, and with reference to the escrow wherein the City is putting a deed in there is the following provision: "It is agreed and understood the City of National City will clear the within described property and rough in the streets within the period of this escrow." The property is that which is presently owned by the City of National City. Attorney Curran stated there are several items which have been put in by amendment, or in the original instructions of which the escrow is not concerned, but which constitutes an agreement with reference to real property, an agreement between the two property 4/24/62 358 owners. If there is any question as to what is intended, very clearly the recommendation of the City Attorney has to be the meeting of the minds of the parties before the transaction takes place so it is clear, and the Council knows exactly what they will require, and the other party knows what he will require, and that the two parties are in agreement. Mr. Curran stated there was nothing in any of the papers he examined which indicated there was to be any such provision. These are matters that are outside the scope simply of exchanging deeds; that you do to escrow in order to make certain you have good title; these are matters which are by way of contract and by which are the consideration the Hewitt Bros. are giving to the City as part of the transaction so the business can be carried on in the City; if there is a question it should be resolved now so it can be spelled out. CITY MANAGER BIRD stated earlier in the meeting today the Council authorized the City Attorney to prepare a resolution to dedicate the streets; when we get the streets dedicated the matter of rough grade is a simple mat- ter of running a patrol down there to make a trail, and that is all the City intends to do at the present time. We are clearing off the property. The alignment of the proposed 30th Street went through Plan- ning, it went through Council, and the Engineering Department has pro- vided the proper legals in the matter. MAYOR GAUTEREAUX stated Mr. Bird has put before the Council the recommendation this be expedited and taken care of before he terminates and retires, and believes it is the intent of the Council to enter into the agreement, free and clear, and it is his feeling if there is nothing legally to keep us from doing this, the intent that has been passed upon be carried through, and a motion to that effect would be in order. Moved by Allen, seconded by Gautereaux, we carry through with this particular transfer of property, and expedite it so it will be clear by the time Mr. Bird is ready to leave the City. CITY MANAGER BIRD stated he would like to have the motion amended, authorizing the Mayor to sign the escrow instructions and we take the matter into the Escrow Dept. tomorrow. In relation to the points which the City Attorney has raised, which have been concurred in by Mr. Norman, a subsequent amendment of those instructions can perhaps take care of those two points. VICE MAYOR ALLEN stated he would amend his motion to include that. MAYOR GAUTEREAUX stated he would withdraw his second and second the amended motion. Carried, by the following vote to -wit: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. ELIZABETH AMES, 1927 Granger Avenue, was present and stated she was questioning the removal of electrical fixtures which are being removed from the building, and asked what the approximate value is in relation to the assessed valuation of the building. DON NORMAN asked the City Attorney read the section in the 4/24/62 359 escrow which pertains to. the electrical fixtures. ATTORNEY CURRAN stated the language is as follows: "As a matter of record only, with which Bank of America N. T. & S. A. is not to be concerned; electrical ducts, electrical Panels which are used in the Hewitt Bros. operation are to be retained by the sellers and removed from the property. This applies only to the special electrical equipment used in the seller's manufacturing processing." MR. NORMAN said these are special electri- cal ducts used in Hewitt Bros. business and would have only scrap iron value if taken out; but for them to replace would be very costly. We are not talking about taking out the heaters, the electrical fixtures in the office or material that is necessary for their operation. MRS. AMES said Hewitt Bros. are taking value away from the building and thought credit should be given to the City. MAYOR GAUTEREAUX stated this is quite true; however, the Body has voted upon what is contained in the escrow instructions. MAYOR GAUTEREAUX stated there is another item that should be clarified; by previous vote of the Council in relation to the fee to be paid to Mr. Norman by the City., previous action set the fee up on a schedule, and thought it would be in order the fee due Mr. Norman be paid in full at the close of escrow. Moved by Allen, seconded by Gautereaux, instead of the contract for three years the fee be paid to Mr. Norman at the close of escrow. Carried, by the following vote to -wit,: Ayes: Allen, Colburn, Hart, Gautereaux. Nays: Morgan. COMMUNICATION FROM LEE M. BROWN was read, requesting refund on his business license as he sold the business, which is known as National Barber Shop, 728 National Avenue, on April lst, and the new owner, Willis C. Bell took out his license the first of the month. CITY MANAGER BIRD recommended the request be referred to the City Treasurer for the amount of the refund and a report back to the City Council. Approved by unanimous vote. COMMUNICATION FROM NAT-PAR PONY LEAGUE was read, extending an invita- tion to the Mayor and Councilmen to attend their opening day ceremonies at the Pony League Ballfield in Kimball Park on Sunday, April 29th, starting at 1:00 p.m. COMMUNICATION FROM REV. PITTMAN OF THE HIGHLAND AVENUE BAPTIST CHURCH was read, stating due to the traffic situation at the entrance of their parking lot, he would like to request an additional 30 feet. CITY MANAGER BIRD recommended the request be granted, provided a traf- fic pattern can be worked out wherein one portion of the driveway be ingress and the other portion be egress. Approved by unanimous vote. Moved by Allen, seconded by Colburn, the City Engineer check with the Minister of the Church and report to us whether or not this pattern 4/24/62 360 can be worked out, without it having to go to the Traffic Safety Com- mittee. Carried by unanimous vote. CITY MANAGER BIRD reported he had two deeds and a slope easement per- mit from the Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints; and have to do with the missing portion of Plaza Blvd. next to the Kerch property. It was the recommendation of the City Manager the City Attorney be authorized to prepare the resolution accepting the deeds and permit. Approved by unanimous vote. REPORT FROM CITY ENGINEER FOSTER relative to the bids received for Improvement of Harrison Avenue and 24th Street, Quay to Harrison, was read. It was recommended the contract for the work be awarded to Hazard Contracting Company, as low bidder. CITY MANAGER BIRD recom- mended the City Attorney be authorized to prepare the necessary reso- lution awarding the bid to Hazard Contracting Company. Approved by unanimous vote. CITY MANAGER BIRD stated he had a mutual aid agreement for the Fire Department with the City of Imperial Beach and recommended it be referred to the City Attorney for a report. Approved by unanimous vote. COMMUNICATION FROM FIRE CHIEF BAILEY was read, stating the crosstown freeway coming through National City will affect the Municipal Alarm System's aerial messenger, going west on 8th Street from Hoover Avenue, which serves the No. 1 sewer pump located at 6th Street and Wilson Avenue. We can keep the pump in service in one of two ways: move the messenger to the south side of 8th Street and attach to power poles, at an approximate cost of $700 which might be reclaimed from the Divi- sion of Highways, or we could lease underground wires from the Telephone Company, along 8th Street, the distance of the width of the freeway; this cost would be $20. to make the attachment; $25. to remove our aerial wire and other attachments; and $3.00 per month rental on the leased wires. CITY MANAGER BIRD recommended the second alternative be authorized, namely the $45. expenditure to make the various connec- tions, and $3.00 per month rental on the leased wires for a period of approximately 18 months. Moved by Allen, seconded by Morgan, the recommendation of the City Manager and the Fire Chief, the second alternate in regard to the fire alarm system for the sewage pump for pumping station No. 1 be approved. Carried by unanimous vote. COMMUNICATION FROM DR. GEORGE PARCHEN, JR., was read, requesting the donation of six toilets and tanks from the 0livewood Housing Project for the Starlight Center for Retarded Children in Chula Vista. Moved by Hart, seconded by Alien, the donation be made, if it is legal. COUNCILMAN HART withdrew his motion, and Councilman Allen withdrew his 4/24/62 361 second. Moved by Hart, seconded by Allen, the request for the dona- tion of the toilets and tanks for the retarded children be referred to the City Attorney, and if it is legal we make the donation. Carried by unanimous vote. COMMUNICATION FROM WALTER SMITH, PRESIDENT, NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION was read, stating the members of the Association would appreciate a salary review by the Council, with the possibility of a 15% increase in salaries for the coming fiscal year. The com- munication was referred to the Budget Committee by unanimous vote, APPLICATION OF SANTOS AND MARIA AVALOS to move a building was presented. REPORTS FROM THE BUILDING DEPARTMENT and PLANNING DEPARTMENT, both recommended the request to move the house be granted, subject to cer- tain requirements as set forth in the reports. APPLICATION OF ALVIN C. AND AUDREY M. BUSH to move a building, was also presented. REPORT FROM THE BUILDING DEPARTMENT recommended the request to move the building be granted, subject to the requirements as set forth in the report. CITY MANAGER BIRD stated this building is to be moved to 1410 E. Division Street which is just past the sewer pump, and in the Planning Commission's report, as this is an area subject to inundation, they recommended the request be granted providing a waiver by the owner be granted to the City, holding the City free and clear of any damage. Moved by Allen, seconded by Hart, the two requests be approved, with the restrictions of the Planning Commission and the Building Department complied with. Carried by unanimous vote. REQUEST OF K. NAKAGAWA for refund of $25.00 performance bond was pre- sented. The work has been inspected and approved by the Engineering Inspector. It was the recommendation of the City Manager the proper official be authorized to refund the $25.00 cash bond. Approved by unanimous vote. Moved by Allen, seconded Gautereaux, the waiver be referred to the City Attorney in regard to the inundation area where the one building is to be moved in the 1400 block on Division Street. Carried by unanimous vote. COMMUNICATION FROM CHIEF OF POLICE CAGLE was read, stating with refer- ence to Penal Code Section 1557 concerning the advancement of money to cover the expenses in extradition cases; this Department holds felony warrants for John R. and Nina Daly, who are being held on our felony warrants in Clearwater, Florida. It is requested approval be granted for the advancement of money to cover the anticipated expenses, which total $1,248. Another communication from the Police Chief was read, stating the extradition of Nina Daly will involve the services 4/24/62 362 of a matron; and it was recommended Sgt. Milton R. Hunter be allowed to take his wife to act in the capacity of a matron. The salary schedule for an on -call matron is $11.74 per shift; therefore, it was recommended Mrs. Hunter be paid under this schedule at the rate of one shift per day during the extradition. CITY MANAGER BIRD stated this money is all reimbursable from the State of California; however, the City must advance the money. Moved by Allen, seconded by Morgan, the request of the Chief of Police in regards to the funds for sending back after the suspects be approved, and Mrs. Hunter be sent as a matron. Carried by unanimous vote. COMMUNICATION FROM NATIONAL CITY LIONS CLUB was read, asking the City to share in the cost of the fireworks display for their Fourth of July celebration; the City to contribute the sum of $500. Moved by Morgan, seconded by Hart, we grant the Lions Club $500. for the Fourth of July celebration. Carried by the following vote to -wit: Colburn, Hart, Morgan, Gautereaux. Nays: None. COMMUNICATION FROM H. G. McKINNEY, JR. was read, requesting permission for the placement of two temporary signs near the corners of his new subdivision, Grove Terrace, at 16th and Grove Streets. The request was granted by unanimous vote. COMMUNICATION FROM STATE COMPENSATION INSURANCE FUND was read, stating they are enclosing a dividend check in the sum of $7,454.22 for the policy year ending July 1, 1961. CITY MANAGER BIRD recommended the check be accepted and a letter of commendation be sent to the Employees' Safety Committee. Moved by Morgan, seconded by Hart, the recommendation of the City Manager be approved. Carried by unanimous vote. COMMUNICATION FROM NATIONAL CITY-CHULA VISTA BOARD OF REALTORS was read, expressing their appreciation to the people of the City of National City for re-electing their distinguished member, Cecil F. Allen, to his second four year term on the City Council by the largest plurality in the history of National City. The communication was ordered filed by unanimous vote. Ayes: Allen, COMMUNICATION FROM NATIONAL CITY CHAMBER OF COMMERCE was read, stating they are staging a clean-up contest on Saturday morning, April 28th, to clean up the downtown area for the Maytime Band Review. Prizes will be awarded to the teams bringing in the largest bags of litter. It is requested a City truck carry away the bags of litter after they are judged. It was also requested the City sweep the streets along the parade route prior to the Maytime Band Review and immediately fol- lowing. The request of the Chamber of Commerce was granted by unani- mous vote. 4/24/62 363 REQUEST OF HAROLD F. DODDS for refund of $25. performance bond, was presented. The work has been inspected and approved by the Engineer- ing Inspector. CITY MANAGER BIRD recommended the proper official be authorized to make the refund. Moved by Allen, seconded by Hart, the request of the City Manager in regard to the refund be approved. Carried by unanimous vote. VICE MAYOR ALLEN excused. CITY MANAGER BIRD stated action was taken by Council wherein the City Attorney introduced a resolution accepting National Award Homes No. 2 which has been completed and attested to for the Council by the Engineering Dept. Mr. Bird said he received a telephone request ask- ing the City Council to release -the bonds which covered the improve- ments. Moved by Morgan, seconded by Colburn, we release the bonds for National Award Homes No. 2. Carried by the following vote to -wit: Ayes: Colburn, Hart, Morgan, Gautereaux. Nays: None. Absent: Allen. VICE MAYOR ALLEN present. CITY MANAGER BIRD stated he would like the Council to consider grant- ing authorization to the Director of Housing to dispose of the furni- ture as we phase out the two-story buildings; this is not for the purpose of trying to give away this material, it has very little value, in fact the value of the material is less than what it would cost the City to put in storage and then later have to sell it. Also consider granting authorization to the Housing Director to advertise for, if possible, to get somebody to take down the two-story buildings as they become vacated. MAYOR GAUTEREAUX stated he had a line of thought as to the desirability of people being interested in purchasing or bid- ding on the property, as to whether or not it would be more desirable to leave the furniture remaining than to dispose of it independently of the building. VICE MAYOR AVT,FN stated he would like to suggest the Council consider that the Housing Director be authorized to try to get someone to purchase these units and demolish them, furniture included. Moved by Morgan, seconded by Colburn, we authorize the Housing Direc- tor to sell the furniture as he sees fit, in the building, or if more desirable to sell it without the building, and advertise for someone to take the buildings down as they are vacated. Carried by unani- mous vote. NOTICE FROM ARMY ENGINEERS relative to application of City of San Diego for permit to install a transmission cable across Quivira Basin in Mission Bay. The notice was ordered filed by unanimous vote. COMMUNICATION FROM PALOMAR INN was read, stating they and other busi- ness concerns and residents in the area, are vitally interested in 4/24/62 364 having Palomar Street go through from Industrial Blvd. to Broadway in Chula Vista. It would be appreciated if the National City Council would notify the clerk, Mrs. Kleckner, of the County Board of Super- visors, concerning this. CITY MANAGER BIRD stated this is in Chula Vista, but it carried the endorsement of the South Bay Highway Devel- opment Association of which we are a member. CITY ENGINEER FOSTER stated the matter was discussed last Thursday at the meeting of the Association and they were recommending it be opened. Mr. Foster said he did not know it had any great direct bearing to National City except in relation to the small area next to the Bay. VICE MAYOR ALLEN stated if the Port Authority becomes a reality we will need this type of artery if we put industry on the acreage we have down there. Moved by Allen, seconded by Gautereaux, we write a letter to the Board of Supervisors recommending Palomar Street be extended from Industrial Blvd. to National Avenue. Carried by unanimous vote. COMMUNICATION FROM EVERETT J. & GLADYS J. DICKSON protesting the arter- ial stop signs at 16th Street and "L+' Avenue, was read, CITY MANAGER BIRD stated the signs were installed after a number of accidents and upon the recommendation of the Police Dept. and the Traffic Safety Committee. Moved by Allen, seconded by Morgan, the letter be tiled_ Carried by unanimous vote. REPORT FROM THE HARBOR COMMITTEE was read, stating a communication was read from the John Hancock Investment Company, John Hancock Fur- niture Mfg. Company, John Hancock Casket Mfg. Company and John Hancock Box Mfg. Company in regard to exercising their option to renew their tidelands lease for the provided five year period from November 1, 1962, to October 31, 1967. It was the recommendation of the Committee the agreement as related in this contract be accepted and negotiated on a five year basis for re -leasing at three cents per annum per square foot, and the City Attorney be authorized to work out the details of adding the three companies as set forth in the change of the corporate structure, as requested. Moved by Allen, seconded by Hart, the recom- mendation of the Harbor Committee be approved. Carried by unanimous vote. REPORT FROM THE HARBOR COMMITTEE stated Mr. Fessman said he would like to have the thinking of the Committee and the Council as soon as pos- sible on the policy they wished to follow in regard to the tidelands and objections, if any, to the Fisher Bill. CITY MANAGER BIRD recom- mended the report of the Harbor Committee be filed. Approved by unani- mous vote. MAYOR GAUTEREAUX stated he would like to bring an item which pertains to Mr. Bird before the Council. He asked if Vice Mayor Allen would 4/24/62 365 consider the possibility of reconsidering the motion which he made last week where it was specified in the motion all the individual ser- vices of the departments Mr. Bird had worked in and administrated dur- ing his service with the City be listed independent of one another; and wondered if it would not be more appropriate if all of Mr. Bird's service showed on the face of his retirement certificate; it would simplify it and make it more attractive. VICE MAYOR ALLEN said he would go along with the wishes of the Council. MAYOR GAUTEREAUX said his thinking is that a letter accompany the certificate that would enumerate all the different departments. Moved by Morgan, seconded by Hart, the recommendation of the Mayor regarding the certificate for Mr. Bird, be approved. Carried by unanimous vote. Moved by Alien, seconded by Morgan, the motion made last week in regard to the certi- ficates for Mr. Bird be rescinded. Carried by unanimous vote. COMMUNICATION FROM JACK SCHRADE, Assemblyman, was read, relative to Senate Bill 41. The communication was ordered filed. REPORT FROM THE PLANNING COMMISSION was read, relative to petition received signed by Earl J. and Fay Zoll requesting annexation. Said annexation to be known as "Zoll Annexation". The annexation pertains to property lying within Lincoln Acres known as 2659 Fenton Place. The Commission recommended the annexation be accepted provided an easement is granted to the City on the rear of the lot for future sewer line installation. Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission be approved and referred to the City Attorney for the necessary procedure. Carried by unanimous vote. REPORT FROM THE PLANNING COMMISSION was read, relative to Chase Annexa- tion which pertains to the properties lying within Sweetwater Valley known as 1834 and 1860 Sweetwater Road. It was the recommendation of the Commission the petition be approved and accepted. Moved by Morgan, seconded by Hart, the recommendation of the Planning Commission in regard to Chase Annexation be approved, and referred to the City Attorney for processing. Carried by unanimous vote. RESOLUTION NO. 8107 was read, accepting the bid of Hazard Contracting Company for the Improvement of Harrison Avenue and 24th Street, Quay to Harrison. Moved by Morgan, seconded by Hart, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 8108 was read, authorizing the following transfer to be made: from ELECTION ACCOUNT to TRAFFIC SAFETY, the following amounts: Municipal Election, 1962, $458.18; Sweetwater Heights Annexa- tion Election, $15.32, total $473.50. Moved by Hart, seconded by Alien, the Resolution be adopted. Carried by unanimous vote. 4/24/62 366 Moved by Morgan, we refer the matter of the stop signs at 16th and tLet to the Chief of Police and have him make a study of it. Motion died for lack of a second. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated she would be opposed to having the stop signs removed. Moved by Morgan, seconded by Hart, the Chief of Police study this and also contact the people who have. complained to see what the problem is. Carried by unanimous vote. MR. MIZONY stated the City just awarded a contract to Hazard Contract- ing Company, and it might be interesting to know in 1895 when Mr. Mizony first came to National City, Roscoe Hazard and he attended the old Central School. Moved by Morgan, seconded by Colburn, the meeting be closed. Carried by unanimous vote. Meeting closed at 4:08 p.m. c✓ I'f ct2 I /11l .t` a-"/ MAYOR, CITY OF NATIONAL my, CALIFORNIA ATTEST: CITY CLERK 4/24/62