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HomeMy WebLinkAbout1961 02-07 CC MIN265 National City, California, February 7, 1961 Regularmeeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Hart, Morgan, Reid, Hollingsworth. Council members absent: None, ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran., Kerr, Osborn, Roberts,;Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird., followed with invocation by Rev. Wayman of the First Methodist: -Church,. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of January,;24 1961, be approved, COUNCILMAN AMEN stated at the last meeting on two occasions he definitely voted "no" and explained at the time his reasons, and his comments were deleted from the minutes; therefore, he.`will have to vote no on acceptance of the minutes until such time as the comments he made to explain his "no" votes are include in the minutes so he won't have to explain his "no" vote to telephone Calla he receives at his office. Carried, by the following vote to wit: Ayes: Hart, Morgan, Reid, Hollingsworth, Nays: Allen. MAYOR HOLLI1 SWORTH stated none of the Council members' objections or why we are in ,favor of anything are put in the minutes. COUNCILMkN ALLLN stated he believed that anytime he voted "no" and specified why he dick so the people should know why he voted as he did. RESOLUTION NO. 7868 was read, "RESOLUTION DIR;CTING NOTICE OF FILING OF ASSESSIENT AND TIME OF HEARING THEREON (28th Street Between National Avenue and "B" Avenue and "B" Avenue Between 27th Street and 28th Street)." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7869 was read, "RESOLUTION GIVING NOTICE OF PRO±OSED ANNEXATION TO THE CITY OF NATIONAL CITY OF UNINHABITED TERRITORY DES- CRIBED HEREIN AND DESIGNATED "RAMM' S SiBDIVISION," AND GIVING iNTOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO." Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7870 was read, accepting a Grant Deed from Herbert A. and Hazel M. Anderson; and Grant Deed from Henry W. Rhodes, Moved by Alien, seconded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NQ. _, "AN ORDINANCE AMENDING ORDINANCE NO. 708 OF NATIONI CITY REGARDING THE FEES FOR AMUSEMENT VEHICLES," was presented for the first reading, and read in full. 2/7/61 ORDINANCE NO., regarding fees for the second and final reading. Hart, reading of the Ordinance was unanimous vote. 266 for trailer parks, was presented Upon motion of Allen, seconded by waived. The motion was adopted by ORDINANCE NO. 985, "AN ORDINANCE AMENDING ORDINANCE NO. 893 OF TEL CITY OF 1NATIONAL CITY, CALIFORNIA REGARDING FEES FOR TRAILER PARKS." Moved by Allen, seconded by Reid, the .ordinance be adopted. Carried, all the Council present voting aye. ATTORNEY CUR.RAN stated the communication from Explorer Post 320 Boys Scouts of America, regarding the claim for damages against National City filed by Carlyle M. and Regina M. T=feints, has been examined, and inasmuch as the author of that communication does not speak for the claimants, the City Attorney recc;rme__ds the City Clerk be authorized to direct a communication to the Attorney for the claimants inquiring as to whether or not he cares to withdraw the claim which has been filed against the City. Moved by Allen, seconded by Reid, the recom- mendation of the City Attorney in regard to writing a letter to the Attorney of the claimants who filed against the City be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN reported since the last meeting of the Council he was contacted by the Attorney for the California. Water & Telephone. Company with reference to an audit which is being made by the County Auditor's offioe.of the books and records of the South Bay Irrigation District. The City Attorney was requested to meet with the Attorney for South Bay together with the Attorney for the California Water & Telephone Company in an effort to attempt to ascertain three specific problems which had been posed by. the Deputy County Auditor. Two of those prob- lems po eibly would affect National City; the third would not. As a result of the meeting correspondence was _roduced which explains the steps which were taken and the reasons certain previsions were made in the agreement' made by South Bay and by the City of National City with the California Water & Telephone Company to take water from the San Diego County Water Authority. Although thematter has not yet come to ahead and is not final the indications are as a result of a strict audit there will be a small additional sum coming to both South Bay and to National City from the California Water & Telephone Company and the payment will be made voluntarily. ATTORNEY CURRAN stated following the last Council meeting it was called to his attention with reference to persons who hold a real estate broker's license. There are seecific provisions in the Business and Professions Code of the State of California which require a licensed real estate broker maintain a place of business and also maintain, signs 2/7/61 267 at the place of business showing it is his place of business. The point is very well taken, because of these provisions of the State'-]:aw any person who elects to have an active real estate broker's license cannot say he is not engaged in business in National City if his place of business which he elects to establish is located in the City, and therefore, such a person would have to have a National City license. There may be other specific instances wherein, because of the provi- sions of State law that would be true, it, of course, does not change the effect of our Ordinance, the only question is as to the effect of the State law. JOHN RONIS, Attorney, 615 National Avenue, was present, and stated the National City Police Relief Association has retained the services of his office regarding their dispute with' the City relative to their overtime demands. Attorney Ronis stated he would suggest, and with the approval of the Council, to meet with members of the Council, or the Council to work out a compromise. MAYOR HOLLINGSWORTH stated it would be impossible for the City Council to meet with any one away from a regular order of business. MAYOR HOLLINGSWORTH stated she is speaking only•for herself, but our Attorney has ruled it is illegal to go back into other years and pay out of the current year. Mrs. Hollingsworth said she personally feels she would never consent to any compromise or would she ever consent to any agreement to pay unless there was a court case where a judge ruled her to do it; and sheds sure our Auditor would not approve of it any more than our City Attor- ney. ATTORNEY RONIS asked if that was the position of the rest of the ,Council. COUNCILMAN ALLEN stated that is not his position at all. COUNCILMEN MORGAN, REID and VICE MAYOR HART stated they felt we had to follow the ruling of the City Attorney. HEARING ON ZONING OF HU SON ANNEXATION was •held at this time. CITY CLERK ALSTON stated she received no written'protests, and there was no one present objecting to the proposed zoning. Moved by Allen, seconded by Morgan, the hearing be closed and referred to the Attorney for the preparation of an ordinance-. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated we have ten Firemen who have recently com- pleted an 18 weeks course to improve themselves and also for the bene- fit of our City, and presented certificates to the following: Robert H. Ault; Esnerwon J. Camblin; James G. Catanzarite; Leslie E. Hess; Paul S. Holbrook; Kenneth E. Joyce; Ernest E. Piper; Donald L. Torbett; Richard K. Stonehouse; and David H. Jacobs, and extended her congratu- lations. 268 H. J. CORNELIUS, 2926 Grove Street, was present and stated he resides just outside the limits of National City, and wished to inform the Council they have received communications from the County of San Diego for a hearing on Friday, February 10th at 10:30 a.m. to allow a car wrecking yard located on Sweetwater Road between 30th Street and Bonita Mr. Cornelius said they are asking for any help the Council can give them at the hearing, either by person or by letter because they feel theyw'ant the street to be upgraded instead of downgraded by putting that kind of thing on it. CITY PLANNER STOCKMAN stated she peceived a communication from the San Diego County Planning Department `stating a public hearing will be held by the San Diego County " Tanning Commis- sion on the request of Siran Thomas for a permit for an auto wrecking yard; the location of the property is 120 feet south of Sweetwater Road at the intersection with Grove Street, not zoned. The place of public hearing is Room 310 Civic Center at 10:30 a.m., Friday, Feb- ruary loth. Mrs. Stockman stated the entire area is in Lincoln Acres and is unzoned; the only requirement is that auto wrecking yard be approved by the County Planning Commission. It would be close to the City's property on Sweetwater Road and would be overlooked by Olive - wood Terrace and would be west of the property for which we are hav9ng an annexation election. Moved by Hart, seconded by Morgan, we send a letter to the Board of Supervisors and one to the County Planning Com- mission objecting to this proposed auto wrecking yard. Carried, all the Council present voting aye. COUNCILMAN AU,tJ N suggested Mr. Cor- nelius and his neighbors get a petition signed by as many people as possible, and those who could attend the hearing do so. MR. COR]ELIUS thanked the Council members for their interest. Moved by Allen, seconded by Reid, we recommend to the Board of Super- visors and County Planning Commission they start a move to zone the unzoned area between National City and Chula Vista, north and south of Sweetwater Road, due to the fact there have been several purchases recentlyof property by various types of interest. MAYOR HOLLINGSWORTH questioned why this property had never been zoned. CITY PLANNER STOCK- MAN stated she has been told by the people they would only zone upon a petition signed by the property owners in that area requesting it, and evidently there has never been a request. Mrs. Stockman said she would like to request a comment be forthcoming from the City Attorney; it is her belief the City does have a right to request control over zoning within three miles of all boundaries of their City, and would like, if it is the Council's t':inking, this be referred and some com- ment be forthcoming from the City Attorney. Councilman Allen, with the approval of Councilman Reid, included the request of the City Planner 2/7/61 269 in the motion. Carried, by the following vote to -wits Ayes: Allen, Reid, Hollingsworth. Nays: Hart, Morgan. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present and said she would like a clarification on the reason the 1911 Acts are not going through faster, and questioned the articles in the paper regarding increasing the fees for car registrations for streets. MAYOR HOLLINGS WORTH stated there are a number of 1911 Acts about ready to go forward. Each year the Engineers of every City and County have to give a report to Sacramento as to the amount of street deficiencies, and it has been found that gas tax money which can only be used on major streets, will not be sufficient to improve our streets very rapidly, and they thought there was such a deficiency there should be some other types of revenuE It will have to go before the Legislature. There is now a proposal before all cities the license fees be raised; we now pay42.00 a hun- dred assessed valuation on our car, and it is proposed to raise it to $3.00 a hundred assessed valuation; which is an increase of 50 percent. They are asking all the cities in the State to support it; also groups like the Chamber of Commerce and other organizations, in order to meet the street deficiencies. In the case of National City it would inoreas our revenue from the State on our licenses to about $700,000.00 in a period of five years.. Mrs. Hollingsworth said she did raise a ques- tion at a County League meeting that she would never go for this pro- gram until she knew there was a time limit set, once taxes are put on whether by State, Federal, County or City it is hard to get them off againt- ,Mrs. Hollingsworth said she has been promised a report by the Leagueb` Cali forte• Cities as to whether they would put a time limjt on it - t'°v'e yews or ten years, etc. MRS. RICHARDS said she would very:rttriengly Object to any raise in license fees. MAYOR HOLLIi' GSv1ORTt stated she did not know how enthusiastic cities are going to be, but the State Legislature is never going to pass such an unpopular thing unless they have enthusiastic aupport from all over the State. COUNCILMAN JLL1N stated to his knowledge the Council has not appointed a member to the Park and Recreation Advisory Board due to the resigna- tion of Mr. Cheneweth. MAYOR HOL,LINNTGSWORTH stated with the Council's approval she would like to appoint Dawson Smith. Moved by Morgan, sec- onded by Allen, the Mayor be authorized to appoint Dawson Smith to the Park and Recreation Advisory Board. Carried, all the Council present voting aye. COU{`?CILMAN ALLEN stated there are from four to five cars parked in fron of the house at 1616 Orange Avenue and the Police Department are not positive whether they are on the street or on private property, and if they are on the street they would like to remove them. Moved by Allen« 2/7/61 270 seconded by Hart, the City Engineer survey 1616 Orange Avenue in order to ascertain whether the cars parked in front of the house are on the street or on private property, and a report be given to the Police Department. Carried, all the Council present voting aye. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Trust & Agency Fund Harbor Fund Drainage Fund Gas Tax Fund Payroll Fund $ 25,596.57 4,953.05 164.10 13,607.17 175.00 654.15 606.10 30.00 103,203,72 TOTAL . $148,989.86 Moved by Morgan, seconded by Hart, the Mlle, be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. CITY,MANAGER BIRD presented a petition regarding cats, signed by a number of people. REPORT BY THE CITIZENS' COMMITTEE to study possible need for changing Ordinance 980 regarding the licensing of cats, was read. A motion was made, seconded and passed by unanimous vote, rec- ommending Ordinance No. 980 be rescinded because it is not enforcible and because rabies, against which the ordinance requires inoculation, does not constitute a public health problem in cats. The Committee suggested an investigation be made to determine humane and convenient means for disposal of unwanted and stray animals. The Committee also suggested the City Council take steps to confer with a representative of City law enforcement, of the County Health Department and the Soci- ety for the Prevention of Cruelty to Animals to seek a specific solu- tion to the problem of disposing of unwanted and stray animals. Moved by Hart, seconded by Morgan, the recommendation of the Committee be approved and referred to the City Attorney to amend the Ordinance. Carried, all the Council present voting aye. MAYOR HOl,LINGSW0RTH state( she noticed one cat license had been issued and asked if the fee should be refunded. CITY MANAGER BIRD suggested the Council wait until the ordinance has been rescinded, then the party who has the license make a request for a refund. COMMUNICATION PROM LIONS CLUB was read, requesting use of Kimball Park on July 3rd and 4th, 1961. It is requested the City share in the expense of the fireworks celebration, on a fifty-fifty basis up to a cost of $1,000.00. CITY MANAGER BIRD recommended the matter be referre to the Park and Recreation Department for a report as to the timing, etc., the same as they have in the past. Moved by Allen, seconded by 2/7/61 271 Hart, the recommendation of the City Manager in regard to the request of the Lions Club be approved. Carried, all the Council present voting aye. COMMUNICATION FROM SULLIVAN HARDI OOD LUMBLR COiirANY was read, stating this is to verify their intention to relinquish their lease on Parcel 4B at 19th and Tidelands Avenue to Parker Truck Company. They have reached an agreement with Mr. Parker on the purchase of their few assets on the property and, therefore, are in a position to terminate the lease at any time. CITY MANAGER BIRD recommended it be referred to the City Manager and City Attorney. Moved by Allen, the recommen- dation of the City Manager in regard to the Parker Truck Company be referred to the City Manager and City Attorney be approved. MAYOR HOLLINGSWORTH said she thought it was criminal to give land for a trucking concern next to a spur track that is very valuable industrial land, and feels sure if we do not go through with this particular lease there is another company who would use the rail and spur that is available. Mrs. Hollingsworth said she would like to recommend the Council hold off in referring this to the City Manager and City Attor- ney until the people who have the lease could be talked to, and, she understands there is a proposition that would be made to us if the people who have the Sullivan lease are agreeable. COUNCILMAN ALIEN said Mr. Sullivan has stated he will not relinquish his lease to any- one other than Parker Truck Company. Motion seconded by Hart. Motion lost, by the following vote to -wit: Ayes: Allen, Hart. Nays: Morgan Reid, Hollingsworth. Moved by Morgan, seconded by Hart, this be laid over for a week for the Mayor to study. Carried, all the Counoil pres- ent voting aye. COMMUNICATION FROM COUNTY TAX COLLECTOR EASTON was read, relative to Option and Agreement No. 6419, on South one-half of Lot 3, all of Lots 4 and 5, Block 42. It wasthe recommendation of the City Manager it be referred to the City Attorney for a report as of next week. Moved by Hart, seconded by Morgan, the communication be referred to the City Attorney for a report. Carried, all the Council present voting aye. COMMUNICATION ibOM U. S. ARMY ENGINEERS regarding a petition from the City of San Diego, Harbor Department, for the creation of an island in the channel to form another portion of Shelter Island. It was referred to the City Engineer and he has informed the City Manager it does not affect National City. CITY MANAGER BIRD recommended the communication be received and placed on file. Moved by Hart, seconded by Morgan, the communication from the U. S. Army Engineers be received and placed on file. Carried, all the Council present voting aye. 2/7/61 272 REPORT FROM PLANNING COMMISSION was read relative to the joint meeting of the Planning Commission and the Park and Recreation Advisory Board held on February 1, 1961. The meeting was held for the purpose of making recommendations to the Council on the preliminary plans prepared by Johnson and Anderson, Architects, on the proposed Community Building for El Toyon Park. It was the recommendation of the Planning Commis- sion immediate action be taken to acquire whatever additional land pos- sible east of the El Toyon Park and School in trade for what the State is taking, and that all building plans be held in abeyance until such time as the land is tied down. REPORT FROM THE PARK AND RECREATION ADVISORY BOARD was read, recommending the City Council take all steps necessary for acquisition of land necessary for adequate parking and additional play field activity area. CITY MANAGER BIRD stated Johnson and Anderson, Architects, have developed the preliminary plans and those plans were taken before the Park and Recreation Advisory Board and the Planning Commission for their opinion and for their recommen- dation. Preliminary plans were submitted to the City Manager's office wherein the price was approximately $70,000.00 for this particular plan. Certain items were changed or deleted and the price was $59,000.00; however, one of those items involved was that if we went to bid prior to April we could perhaps save more than $5,000.00 on that bid. There are two things involved, we have an existing contract with Anderson and Johnson, which will have to be modified if the Coun- eil's action is such they wish to take these recommendations as final. In relation to acquiring the additional land, Mr. Dekema was present, and he has informed us he would immediately put on the priority list the possibility of getting sufficient State funds so the twelve pri- orities within the route in our area would be acquired, at a total amount of approximately $500,000.00. This money has been tentatively allocated to the State Division of Highways for acquisition. There seems to be a misunderstanding; the State cannot take our park land without the acquiesdenoe of this Council. Further, if we do not give it to the State they cannot take it, and we still have the land, and parking facilities. Mr. Bird said he is positive this Council would not take money for it because the proposition as put before the Council by the Division of Highways was to give the City an equal amount of land abutting it; so you are faced with two things; do you go ahead with this Community Building which the Council promised to put in for the northeast section of the City, or do you accept this recommendation and wait a year or year and a half until the acquisition of land is tied down. The final thing if you make your decision on that we will have to amend the contract and stop the progress of the plans because 2/7/61 273 that contract with the architects require them to .produce the final plans within a certain period of time. Moved by. lien, seconded by Hart, the Council not take the necessary action try override the recom- mendations of the Park and Recreation Advisory Boatd and the Planning Commission, and postpone action and set up a meeting 'with these two boards and have Mr. Dekema present to clarify this one point. MAYOR HOLLINGSWORTH stated the City Planner drew up plans for this project and the Recreation Advisory Board., the Planning Commission and the Council approved them. We have the money in Capital Outlay to proceed with the building. MAYOR HOLLINGSWORTH stated she did not think the City could afford to throw $5,000.00 waiting for the committees to have a meeting. VICE MAYOR HART withdrew his second to the motion, and stated he wanted a letter sent to the Park and Recreation Advisory Board and the Planning Commission explaining to them we are going to get the land. Motion died for lack of a second. Moved by Morgan, seconded by Hart, we go ahead with this building and have the Manager write a letter or meet with them and explain to them they will have an equal amount of land for parking and for the park. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. COI1T UNICATION ADDRESSED TO POLICE CHIEF CAGLE FROM JAI+1ES R. DRIP'1MEL, DIRECTOR OF PUBLIC RELATIONS, ,`.iLUTH BAY PLAZA SHOPPING CENTER, was read, relative to a promotion by the Shopping Center, February 22nd. They are purchasing a permit in the City of Chula Vista to use a truck and have a band p]a.y as they ride along. This will draw much business from Chula Vista into National City; and request permission to so do. REPORT FROM CHIEF OF POLICE CAGLE was read, recommending same under certain conditions to conform to Ordinance 739, Section 6. Moved by Allen, seconded by Morgan, we accept the recommendation of the Chief of Police in the City of National City. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Hollingsworth. Nays: Hart, Reid. COMMUNICA'sTION FROM HONORABLE FRANK LUCKEL was read, relative to AB 288 which was introduced to overcome a situation which was handicapping some City Managers in San Diego Ccu nty. CITY MANAGER BIRD stated this relates to the fair employment practices act, and asked that the City Attorney read it and perhaps at the end of the meeting he can give his opinion regarding it, Moved by Alien, seconded by Reid, the recommen- dation of the City Manager be approved. Carried, all the Council pres- ent voting aye. COMMUNICATION ADDRESSED TO MAYOR HOLLINGSWORTH FROM F. JAI!ES BEAR, was read, stating enclosed are same bumper strips to advertise the Junior College bond vote, and hope they will be given out where they will do the most good. 2/7/61 274 COMMUNICATION ADDRESSED TO MAYOR HOLIINGSWORTH FROM JOSEPH RI:DONE, DISTRICT SUPT., SWEETWATER UNION HIGH SCHOOL DISTRICT, was read, stat- ing the Citizens Committee for Education would appreciate action by the Council on the enclosed resolution. RESOLUTION NO. 7871 was read, endorsing the community college program of the Sweetwater Junior College District, and urges its members to publicize as far as possible the urgency of this program to assure a majority vote in excess of the required two-thirds vote in favor of the $6,000,000 bond issue. Moved by Hart, seconded by Allen, the Reso- lution be adopted. Carried, all the Council present voting aye. COMMUNICATION FROM JOHN BATE, FORT DIRECTOR, PORT OF SAN DIEGO, addressed to Mayor Hollingsworth, was read, stating he had the pleas- ure of a visit from Councilman Allen, and discussed with him the many problems relating to the Bay of San Diego and the cities of Chula Vista National City, and the City of San Diego. COMTMIUNICATION FROM ROBERT H. McALLISTER, Mayor, City of Chula Vista, was read, extending an invitation to the Mayor, City Manager and City Attorney to attend a luncheon on February 8, 1961, at the San Diego Country Club to discuss -the feasibility of a Port Authority for San Diego Bay. MEMORANDUM FROM CITY TREASURER KERR was read, stating Connie King, Sanitation Clerk, has been released b;, her doctors and returned to work on December 28, 1960. COMMUNICATION FROM EMMA JEAN BARBER, addressed to City Treasurer Kerr, was read, stating she is submitting her resignation from the position of extra -clerk in the Treasurer's office, effective at the end of work January 31, 1961. Moved by Allen, seconded by Hart, a letter of recognition for her services be sent to Mrs. Barber. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to the Identi-Kit which was referred to the City Attorney on the proposed lease agreement, the agreement has now been amended to comply with the City tttorney's recommendation, and suggested it be referred to the Attorney to pre- pare the necessary resolution. Moved by Hart, seconded by Allen, the Attorney be authorized to prepare the resolution. Carried, all the Council present voting aye. COMMUNICATION FROM DIVISION OF HIGHWAYS was read, stating enclosed are copies of the budget proposal fb r engineering funds for execution by the City. CITY MANAGER BIRD recommended the City Attorney be author- ized to prepare the necessary resolution. Moved by Allen, seconded by 2/7/61 275 Reid, the recommendation of the City Manager in regard to Engineer Dekema's recommendation be approved. Carried, all the Council present voting aye. COUNCILMAN ALIEN stated on March 3rd at 9:30 a.m. there will be a meeting of the Steering Committee of Civil Defense under the Chair- manship of Supervisor David Bird, in the Supervisors' Chambers. COM- MUNICATION FROM CHIEF ADMINISTRATIVE OFFICER HEGGLAIW was read, rela- tive to the meeting of the Steering Committee. COMMUNICATION FROM NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION relative to the need for competitive bidding on luminous ceiling construction was presented, and recommended it be referred to the Chief Building and Electrical Inspegtor for a report. Moved by Morgan, seconded by Reid, the recommendatim of the City Manager be approved. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for period ending December 31, 1960, was pre- sented, and it was the City Manager's recommendation it be received and placed on file. Moved by Hart, seconded by Morgan, the report be received and placed on file. Carried, all the Council present voting aye. COMMMUNICATION FROM DIVISION OF HIGHWAYS was read, relative to proposed service contract which will provide for the relocation of certain established City survey points in the new positions outside the pro- posed highway right of way. CITY MANAGER BIRD stated we have a number of monuments, survey points, tie outs, which control the property where the new cross town freeway is going to come through. The State Division of Highways requested, because of the familiarity of the loca- tion, our Engineering Department do the work of removing these and tying them out outside of the area proposed to be used for the highway. The Division of Highways will pay the City for this work in its entiret;' CITY MANAGER BIRD recommended the agreement be referred to the City Attorney for a report, and if he feels this contract is in order, a resolution be prepared authorizing the proper officials to sign the contract. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to the contract with the State on these survey markers be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the minutes of the adjourned regular meet, ing of the San Diego County Water authority dated January 26, 1961, and recommended it be received and placed on file. Moved by Hart, seconded by Morgan, the minutes be received and placed on file. Carried, all the Council present voting aye. 2/7/61 276 REPORT FROM CITY TREASURER KERR relative to request from Long's Cabi- net Shop to haul their --trash, was read, recommending their request be granted as long as they conform to all necessary regulations as the majority of waste material from the cabinet shop is not defined as trash by our Sanitation Ordinances. CITY MANAGER BIRD recommended the request of Long's Cabinet Shop be granted. Moved by Hart, seconded by Morgan, the request of Long's Cabinet Shop be granted. Carried, all the Council present voting aye. REPORT FROM CITY TREASURER KERR was read, relative to trash removal for National Hotel. The reason the trash collector has failed to pick up the trash at the hotel has been because the manager would not try to cooperate. Our other businesses have to conform to City ordinance, so should the National Hotel. Moved by Hart, seconded by Morgan, the recommendation of the City Treasurer, that the Sanitation Dept. pick up the trash of the National Hotel. Carried, all the Council present voting aye. COMMUNICATION FROM CITY ENGINEER ROBERTS regarding Beth's Wedding Sub- division, was read,' which stated the staking for the above subdivision has been completed, and recommended the remaining balance of $559.94 retained by the City to insure staking of lots, be released to Mr. Haas. CITY MANAGER BIRD recommended the proper officials be authorizes to refund $559.94 retained in Trust & Agency Fund to the subdividers of Beth's Wedding Subdivision. Moved by Morgan, seconded by Hart, the $559.94 be refunded to the subdividers of Beth's Wedding Subdivision as recommended by the City Manager. COUNCILMAN ALLEN asked the City Engineer if the corner lot at loth and Palm was included in the sub- division with regard to this particular situation. Did the stakes go to Palm avenue or one lot east of Palm? MAYOR HOLLINGSWORTH requested it be held up -in abeyance until the City Engineer checks same. REPORT OF THE HARBOR COMMITTEE MEETING OF JANUARY 25, 1961, was read, stating a discussion was held in regard to Scrap Disposal, Inc. leas- ing Parcel 12D of Tidelands for wrecking of ships, etc. It was sug- gested a definite proposal be submitted, stating size of acreage, what they propose to use it for and the term for which they wish to lease it. REPORT FROM THE FINANCE COMMMITTEE was read, stating the change of Ordi- nance 886 and the major drainage problem was discussed. It was the recommendation of the Committee that fifty percent of the total sales tax be put in the General Fund, twenty-five percent in the Special Street Fund, and twenty-five percent remain in the Drainage Fund. Moves by Allen, seconded by Reid, the recommendation of the Finance Committee 2/7/61 277 in regard to the change of the Ordinance and the redivision of the funds from sales tax be approved, and the City Attorney be authorized to prepare the necessary ordinance. Carried, all the Council present voting aye. CITY MANAGER BIRD stated there was a considerable discussion at the meeting of the Finance Committee and it has to do with the San Diego Disposal Agreement, and asked if the Council wished to discuss it at this time. COUNCILMAN ALLEN suggested it be placed at the end of the agenda. MAYOR HOLLINGSWORTH was in accord. _ COMMUNICATION FROM SUPT. PARKS & RECREATION GAUTERLAUX was read, requesting Felix Guidry be granted extended leave until July 1, 1961, wit»pay. It is also requested, if the extended leave is granted, the Park Department be permitted to employ one Maintenance Man on a tempor- ary basis as soon as possible. CITY MANAGER BIRD recommended the request be granted, that the leave be extended. Moved by Morgan, sec- onded by Reid, Felix Guidry be granted an extended leave until July 1, 1961, without pay. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked if we had any ordinance that controls the amount of disability a person has before it is necessary to retire him physi- cally. CITY MANAGER BIRD stated there is a provision in the Civil Service Rules and Regulations which specifically sets forth that where an employee is incapable of doing his work, it constitutes grounds for his dismissal. In the case of the older employees it would also oper- ate to force their retirement. MAYOR HOLLINGSWORTH asked if there was any time limit as to how long the City Council can grant them sick leave without pay. CITY MANAGER BIRD stated that is entirely up to the prerogative of the City Council. CITY ENGINEER ROBERTS stated the Northeast corner of 10th and Palm was now checked; and Beth's Wedding Subdivision falls 55.60 feet short of Palm Avenue as now dedicated. Motion carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. REPORT FROM DIRECTOR OF HOUSING GAUT BEAUX was presented showing the net revenue from the Housing Department was $9,069.07. CITY MANAGER BIRD -presented a report on the operation of the swimming pool. The revenue was $19,726.10, the expenditures were529,408.01, or a net cost deficit for the operation of the swimming pool of $9,681.91. COUNCILMAN REID stated he has heard some very good reports regarding the operation of the pool. VICE MAYOR HART and COUNCILMAN MORGAN stated they, too, have heard good reports. CITY MANAGER BIRD stated there was a matter which was held over, and that was the question of the recommendation of the Park and Recreation 2/7/61 278 Advisory Board which referred to the, letter of November 28, 1960, a copy of which was given to the Council members. This letter stated the position of Mr. Gautereaux, Supt. of Parks and Recreation. This was adopted by motion, as follows: Discussion of the recreational facility possibilities west of the National Avenue area, the report concerns same as requested to Mr. Gautereaux by the Board at the meet- ing of October 19, 1960. It was their recommendation the principles of the report dated November 28, 1960, as submitted by Mr. Gautereaux be adopted by this Board and recommended to the City Council. This also raised the question of discussing of parking area for Kimball Park and the tentative plan of placing the City Hall within the park, and referred to parking facilities at "D" Avenue. CITY idILITL.G7.2 BIRD stated the Council has taken no action because this report recommended the discontinuance of the teen age or older group at the Casa and use of the lower portion of the Casa. Moved by Morgan, seconded by Hart, it be laid over. Carried, all the Council present voting aye.. CITY MANAGER BIRD stated as of August 21, 1959, there was an applica- tion by the Safeway Corp. for easement across that portion of tidelands which was necessaryfor drainage of the yard. The following month a letter was sent to the City Attorney regarding the application over the signature of Wayne P. Lill, City Engineer. The drainage is in, but Mr. Bird said he has been informed the Safeway people want it as a matter of record because for various business reasons they are selling the plant and leasing it back. Moved by Allen, seconded by Hart, the item be referred to the Attorney to prepare the necessary papers for the Mayor's signature that will permit us to issue the encroachment permit. Carried, all the Council present voting aye.. CITY MANAGER BIRD stated at the request of the City Council he was asked to write a letter to the California Highway Patrol regarding the question of them assuming jurisdiction of U. S. Highway 101. Mr. Bird stated he wrote a letter and received an answer stating the Department of California Highway Patrol will provide traffic law enforcement and traffic accident investigation services on that portion of U..S. High- way 101, Montgomery Freeway and its prolongation Harbor Drive to the corporate limits of the City. Effective February 1, 1961, the Depart- ment shall accept full responsibility for the control of this roadway; however, the police facilities of the City of National City will be relied upon to provide emergency services when California Highway Pat-' rol personnel are not immediately available. The Commander of the San Diego area will call upon the City in the near future and work out the details involved. CITY MANAGER BIRD stated the letter he sent to the Department simply asked for information, and the letter from them takes 2/7/61 279 over the control as of February lst. Upon receipt of the letter, Police Chief Cagle sent teletypes and the matter has been rescinded and is still in the control of the City of National City. Moved by Hart, seconded by Reid, a letter be written stating we are not inter- ested. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. CITY MANAGER BIRD informed the Council of the progress being made in the razing of structures on the West side of National Avenue in the 0livewood Housing. Mr. Bird recommended he be authorized to reinsert a "For Sale" notice of 65 buildings to be wrecked, etc. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to the Housing on the West side of National Avenue be approved. Carried, all the Council present voting aye. COMMUNICATION FROM ALL STATE INSURANCE COMPANY regarding Pep's Kerosene & Distillate Service Insurance Policy No. 5201216, was read, stating the policy will terminate by cancellation on February 24, 1961. CITY MANAGER BIRD stated he contacted Mr. Pepper and a new policy has been issued, which he is not yet in possession of, but will be forthcoming shortly. CITY MANAGER BIRD recommended the letter of cancellation be placed on file. Moved by Allen, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMiUMIC.ATION FROM DEPARTMENT OF INDUSTRIAL RELATIONS, Division of Fair Employment Practices, was presented. CITY MANAGER BIRD stated the Commission has made a ruling which sets forth and states the time of hiring and the proof of the applicant's age, etc. which can be had upon his or her reporting for work prior to actually putting them to work. It was the City Manager's recommendation it be referred to the Civil Service Commission and kept on file by the Civil Service Commis- sion. Moved by Morgan, seconded by Hart, the communication be filed with the Civil Service Commission. Carried, all the Council present voting aye. COMMUNICATION FROM EDITH SHERMAN, MANAGER, MAYTINE BAND REVIEW COMMITTE was read, requesting use of facilities and little pool at the Municipal Swimming Pool for the Miss Maytime Majorette Contest to be held April 19th. CITY MANAGER BIRD recommended it be referred to the Park and Recreation Department to check and report back with the necessary information as to the availibility, bleachers, etc. Moved by Hart, seconded by Morgan, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. 2/7/61 280 COMMUNICATION FROM CIVIL SERVICE COMMISSION was read, stating they are submitting specifications for the positions of Groundsman II, Grounds- man III, and Groundsman IV to replace Junior and Senior Gardener posi- tions. This change has been requested by the Department Head. The adoption of these specifications will involve no wage increases and no additional personnel, with the exception of filling the vacancy which now exists for Senior Gardener (Groundsman III). Moved by Allen, sec- onded by Hart the recommendation of the Civil Service Commission be approved and if the specifications are acceptable to the Park and Recreation Department they be accepted. CITY MANAGER BIRD stated the specifications were written by the Park Supt. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we now have the submitted change in the employment standards for Head Chairman. The present employment stan- dards are: "Graduation from high school, with a minimum of one yearns experience as rear chainman or rodman." The suggested amendment to this classification is: "Graduation from high school, with a minimum of one year's experience as rear chainman and/or rodman, or, without a high school diploma, a minimum of two years' experience as rear chainman and/or rodman." It was the recommendation of City Manager Bird these changes be forwarded to the Civil Service. Commission and made a part of the classifications. Moved by Morgan, seconded by Hart, the recommendation of the City Manager be approved relative to the classifications of Head Chainman, and they be forwarded to the Civil Service Commission. Carried, all the Council present voting aye. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES relative to the Brown Act and Public Meetings, was read. On February 14, 1961, the Assembly Committee on Governmental Efficiency and Economy will hear AB 127 (Lucke', et al). The bill, if enacted, will require all meetings of local legislative bodies to be open even if held solely for the pur- pose of discussion and no action is to be taken or no decision is to be made on the subject under consideration. The bill is an entirely unwarranted extension of the original Brown Act and would completely reverse the recent and reasonable interpretation of that act by Cali- fornia Appellate Courts. The views of every city should be sent to its Assemblyman prior to the hearing. CITY MANAGER BIRD stated with regard to this particular bill he would like to recommend the City Attorney be authorized to write a communication to the Assembly Com- mittee on Governmental Efficiency stating the objections as he sees fit, and the City Council definitely is opposed to further hamstringing operations of local government. Moved by Morgan, seconded by Hart, the recommendation of the City Manager be approved. MR. BIRD stated he 2/7/61 a81 would like to further recommend letters be sent to all members of the Committee, and also to our own Legislators. Mr. Bird stated if the City Attorney will draft the letter his office will take care of the mechanics of seeing where it is sent. COUNCILMIAN MORGAN, with the approval of his second, included the further recommendation of the City Manager and included the Governor of California. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the next Bill which is coming up is bB 203, and requires cities and other public agencies to pay moving" expenses of owners of condemned property in addition to the market value of the property taken, and will be heard by the Senate Judiciary Committee on February 23, 1961. This bill would require substantial additional amounts to be paid by condemning agencies for properties, estimated by an agency of the federal government to be between 3% and 4% of mar- ket value. Moved by Hart, no action be taken. Motion died for lack of a second. Moved by Allen, seconded by Morgan, we oppose the legis-! lation which is to add an additional cost to the site the State pays for a piece of property for moving it to some other location, SB 203. Carried, all the Council present voting aye. CITY MANAGER BIRD requested consideration of a change in the Rosser contract and the City Attorney be authorized to make that change by resolution. COUNCILMAN ALLEN questioned the change. CITY MANAGER BIRD stated the price of the fire station as it now stands is $36,000.O the original contract with Rosser was for $25,000.00; for Fire Station No. 2. Moved by Allen, seconded by Hart, the recommendation of the City Manager in regard to changing the contract be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended the appointment of Walter E. Cagle, as Chief of Police, on a permenent status, as he has completed his year's probation. Moved by Reid, seconded by Morgan, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH declared a recess COUNCILMAN ALLEN recognized Lieut. Jack Liesman, who is President of the Police Relief Association; and also Capt. Ray Duke of the Police Reserves who was elected President of the Reserves, and automatically becomes a Capt. for the year he -is President. MAYOR HOLLINGSWORTH stated she was glad to have them present at the meeting. 2/7/61 282 The meeting was called to order by Mayor Hollingsworth. Council mem, bers present: Allen, Hart, Reid, Hollingsworth. Council members absent: Morgan. COUNCILMAN MORGAN present. COUNCILMAN ALLEN stated Los Angeles By -Products, Inc., according to an article in Monday's Union Tribune, are transporting auto seats to be burned in Carlsbad and the National City area. Today's account in the same newspaper did not mention National City, but the supervisor of the northern area stated he has straightened out these people so they would not bring any more into Carlsbad. Moved by Allen, we have our Iolice Department periodically check the places where they could be burned in National City and see if this Company is actually burning in National City or the area south. Motion died for lack of a second. ATTORNEY CURRAN stated with reference to the communication the City Manager asked him to examine, AB 288 and communication from Assembly- man Luckel; this ties in with communication February 2, 1961, from the Division of Fair Employment Practices. The City of National City has previously amended its application form so as far as he knows there has not been any problem in National City. In the event some other cities felt they had problems it would appear the liberalized definition of the FEPC would take care of the matter so the legislation is not necessary at this time. Therefore, it was the recommendation of the City Attorney the communication from Assemblyman Luckel be filed. Moved by Morgan, seconded by Hart, the City Attorney's recommendation be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of rublication of Resolution 7860 in regard to giving notice of hearing on proposed Tefft-Sedlack Annexation. Moved by Allen, seconded by Reid, the Affidavit be filed. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COAMITTEE was read, in regard to the San Diego Disposal Agreement. Mr. Morgan asked Mr. Bird if he thought the infil7 tration that San Diego proposes to take over is a bid. concession. Mr. Bird replied he did not. He stated Mr. Curran just raised an inter- esting point in regard to the suit that was brought by the City of San Diego and the fact City Manager Bean refused to sign the contract which was to go to the court, to establish the validity of t_iese contracts.' They.have not been placed on the calendar for the reason that La Mesa, because of the change in the contract on infiltration:and other things that have come into it calls for a reaffirmation'and a new signing of the contract; so it has been suggested when these contracts are signed a suit be brought checking the validity of the contracts and including 2/7/61 283 all of the cities that sign the contracts. Therefore, it is the' recommendation of the City Attorney the committee, because of the minor capacity which we are asking for in relation to the whole, take no action at the present moment until E1 Cajon and Chula Vista deter- mine the capacity they are going to ask for because they are the major users outside of the City of San Diego. The major users are going to have to declare what capacity they want, sign the contracts and then go to suit enjoining all the cities that sign. We will have until March 1st. In a telephone conversation with Mr. Curran, Mr. Bird asked the City Attorney if he had any suggestion as to how we should proceed to get together with the other cities. Mr. Curran stated he believed that El Cajon was willing to listen now, but it should be through the Mayors, who would "hash" it out and then bring it back to their own city body and legal counsel. Moved by Hart, seconded by Allen, we sign this contract. COUNCILMAN MORGAN stated he would like an opinion from the City Attorney. MAYOR HOLLINGSWORTH asked Attorney Curran if he was prepared at this time to give some of his reasons why he does not think this is a good contract. ATTORNEY CU RAN stated he thinks this matter takes considerable analysis; it is a matter that should be given considerable concern because of the amount of money involved, because of the length of time that National City would be obligated, forty years, and because of the fact that the City of San Diego saw fit to draft the agreement itself, it did not consult any of the other cities at any stage of the proceedings with reference to the way the contract should be set up; it simply proceeded on the basis of calling a bond election on November 8th without which it could not pro-, teed, and then expecting the other cities to sign in the first instance by January 1st, which has subsequently been extended to February 7th, as he understands it. Attorney Curran stated the difficulty is, number one; Mr. Curran stated he wanted to make it clear the City Attorney is not opposed to National City entering into a joint effort with San Diego or anybody else. The law permits such arrangement if the matters are set up properly. It is clear that enterprise can be entered into by several cities to resolve their problems jointly. The reading of this agreement which has been submitted to National City shows to what extent the City of San Diego has gone to protect itself. There is not any question about the legality of anything the City of San Diego has done, they have spent months in making sure the City of San Diego is protected. The question which has been put to your City Attorney in effect gives him the duty of pointing out to you the possibilities wherf maybe the City of National City is not protected', at least not to the extent of the City of San Diego. It is highly important to keep in mind, at be present time the City of San Diego and the City of National 2/7/61 284 City do have a sewer agreement. There have been various amendments since the original agreement which was drafted in the early 1940's. It is even more important to keep in mind the City of ban Diego has -n effect, through its administrative officers, issued an ultimatum to the City of National City that this present agreement will be resoindee and superseded so that some of the advantages which National City now has would be, by contract, an agreement of National City forever given up. It so happens we have a parallel, if not entirely, a completely similar situation which arose in Los Angeles County over a number of years, and resulted in many years of litigation between the City of Vernon and the City of Los Angeles, and also the State Department of Public Health and some of the other cities, but particularly with reference to the situation in wIlicri National City finds itself today, we have a parallel in the transaction over a number of years between the City of Vernon and the City of Los Angeles. The two situations are not identical but in principal the situation is the same to the extent the City of Los Angeles was using part of the facilities of the City of Vernon to transport its sewage from one part of the City of Los Angeles to another and eventually out to the Pacific Ocean; the same as the City of San Diego is doing pursuant to the agreement which now exists between the two cities. There is not any question that National City has to pay their fair share of its rights and the ser- vices which are performed by others in performing the duty; and it is very clear there is a duty on every municipal corporation to dispose properly of its sewage. Now, the contract which the City of ban Diego has submitted provides for the approval by the City Attorney of National City as to form and as to legality. As to the form of the contract, the City Attorney has difficulty in reconciling the effect of the contract with the words that are used therein. The agreement purports to be entered into by virtue of the Joint Powers Act, and there is no question that cities can do jointly and in common anything each could do separately. The problem, Attorney Curran stated in his mind, is that it does not appear to him anything is being done jointly. between these two cities pursuant to this agreement. It is made very clear, as he reads the contract, and as was confirmed by one of the chief draftsmen of the contract, Mr. Warren J. Beebe, when he con- ferred with him in Los Angeles, it is not intended that National City would own any rights in any system. The system which is proposed to be built would be owned solely by the City of San Diego and it in effect would simply be setting itself up as ex parte and making capa city available to the other cities. The Government Code which permits both National City and the City of ban Diego to construct, establish n ir? ir_, 285 and maintain drains and sewers is theoretically the foundation of this proposed agreement, and the difficulty is the construction is solely by the City of San Diego, the establishment of the sewers is solely by the City of San Diego as is the maintenance. The only thing the City of National City does is pay. The contract could be gone into at length showing how attempts are made to conform with mandatory provi- sions of the Joint Powers Act by inserting provisions, which as a mat- ter of language purports to comply. In reading the contract as a whole, however, it is very difficult for the City Attorney to conclude this is the type of agreement the legislature authorized under the Joint rowers Act, because the word "joint" must have some meaning, and to do things jointly means to do them together, and the Whole tenure of the agreement is that nothing should be done together, the City of San Diego could do everything. So much as to form, and the Joint Powers Agreement. Perhaps the even greater objection to the proposed agreement is the question of legality. The Constitution of the State of California provides that one City Council cannot bind future City Councils beyond the current revenue of the fiscal year. The basic question at issue is whether or not this agreement does bind National City upon its signing to pay better than three and one half million dollars over a period of forty years. Here again the form is set up to protect the City of San Diego so nobody can say the City of San Diego is violating the Constitutional provision, but no effort is ;Wade to protect the City of National City in this regard. It is very clear to the City Attorney it is possible to have a contract which would be - beneficial to both cities and which could be drafted so the constitu- tional limitation would be satisfied. In the City Attorney's opinion this contract does not do that; in his opinion this contract takes away rights which the City of National City presently has pursuant to its agreement in matters which the City of National City has not had sufficient opportunity to thoroughly familiarize itself with so it can determine whether or not it is advantageous to the City of National City to give up these rights. One final point that might be emphasizes' is in the proposed agreement, the only penalty the City of San Diego purports to establish which it will affect against any City who does not meet the ultimatum, and does not sign the agreement by February 7t1: is they will arbitrarily raise the cost ten percent over and above what the City of San Diego would charge if the agreement is signed by February 7th.. The provision is of questionable legality, and further- more, the City of San Diego has taken steps to protect itself because it does not have to make that portion of the contract enforcible un1 es: it wants to. Attorney Curran stated that in essence is the reason Why, as the Mayor stated at the beginning, it is not a good contract. +TICS 2/7/61 286 MAYOR HARTasked if all the other cities have signed, and if they had, the same problems as National City, ATTORNEY CURRAN stated it is his understanding the City Councils of La Mesa and Imperial Beach have authorized the signing. There again, the minutes of the Finance Com- mittee reflect the fact it is not the intention of ban Diego to sign or become bound until they make sure each of the other cities are bound so it is not a question of the party who wants the agreement signing first and then giving the other cities an opportunity to affeqi the matter. La Mesa apparently did sign originally but some changes have had to be made. COUNCILMAN ALIEN asked whether or not some of the difficulty with the City of Vernon was the fact Vernon had devel- oped entirely more or less a City of refineries and the capacity of the fluent they were throwing out as much beyond what it was origin- ally anticipated at the time they entered the agreement with the City of Los Angeles, ATTORNEY CURRAN stated the industrial development is clear, and the Supreme Court opinion indicates the City of Vernon never did use the capacity to which it was entitled; the City of Vernon also made amendments to its agreement with the City of Los Angeles. One of the basic things which was decided rather late in the lengthy litiga- tion, which went over a period of years, was the right by virtue the contract which the City of Vernon had; and it appears very clear the 'vety rights which the City of Vernon had have been taken into consid- eration by the draftsman of this agreement and, Mr. Curran said he believes that is one of the reasons why the superseding of this pres- ent agreement with the City of rational City is set out as one of the provisions in the proposed agreement. With reference to the question as to whether or not the other cities have the same problem that would have to depend upon, first, whether the particular city had any agree- ment with San Diego, and secondly, how nearly alike were the terms of the agreement of this particular city and the terms of the National City agreement. VICE MAYOR HART asked what would happen if National City did not sign. ATTORNEY CURRAN stated•it is very clear to him that a contract which is legal and which will meet some of the objec- tions he has talked about can be entered into. It is very clear we have an agreement now and under this proposed agreement with the City of San Diego the most that could happen would be if you later changed your mind, and with reference to the charges to be made, because it says they could if they wante6 to charge ten percent more than -if you signed now, VICE MAYOR HART asked if we could not sign with the other cities and then take it to court. ATIORNEY CURRAN stated the problem is that you don't enter into a contract lightly; you do not put your signature on it and say "this is good, maybe". The Courts have on many occasions commented upon the fact once you made an obligation it 2/7/61 287 is binding, and that is the problem here and is the reason he again points out the City of San Diego is not going to sign this contract until they do have a court determination. COUNCILM.N MORGAi asked if the City is giving them an easement, or could we tell them to take the sewer out, what would happen in that case? ATTORNEY CURRiN stated at the present time the contract which we have is completely fair to both parties inasmuch as one party has the right to do what the other party has the right to do. The City of San Diego has the right to lay lines and pass sewage through the City of National City, and vice versa the City of National City has the right to lay lines and pass sewage throug the City of San Diego; by its terms that agreement can only be termin- ated by giving two year's notice in writing to the other party. Mr. Curran stated he wished to make it clear he has not gone into the engineering fact, he is not an engineer, Po matters of engineering and hydraulics, it has been necessary for the City of San Diego to use the streets of National City in order to take care of the area which would annex immediately to the east of the City of National City, so in order to take care of its own sewage problems the City of San Diego had to use and is now using the streets of the City of National City, and it is doing so by virtue of the agreement which can only be cancelled on two years notice, but which by this proposed agreement they attempt to supersede, at least in some particulars by the ultimatum of February 7th. VICE MAYOR HART asked if the City Attorneys of the other cities, such as El Cajon, Chula Vista, etc. recommended the agreement not be signed. ATTORNEY CURRAN stated he did not know what the advice in El Cajon has been; or does he know of any City Attorney who has reeom- mended.it not be signed. COUNCILMAN ALLEN stated he did not see any other way than to go along with this proposed agreement, if we get "Chopped off" entirely it is going to be bad. MAYOR H©LLINGSWORTH stated San Diego cannot "chop" us off until they get their sewer lines taken outside the boundaries of National City; and it will be four years or better before they ti'ill ever have a trunk line down into Sweetwater Valley. CITY MANAGR BIRD said the City Attorney has oalle d to your attention the fact there are existing contracts and`has stated the termination date of two years by either city. There are also in those contracts, other various specifics which is exempt lines, parti- cipating lines, etc. At the present time we are handling 17 million gallons of fluid per month' for the City of San Diego for which the City of San Diego reimburses us, through bookkeeping credits and debits, etc. Prior to 1940 a survey was made by Pereira & Luokman for the City of National City, they drew a picture of a treating plant on the Bay front, and was paid'for by the City of National City; and was pred- icated upon the volume and anticipated volume. Now we have a different 2/7/61 288 situation, but from the practical standpoint the thing that disturbs the City Manager is "where do -We go from here?" Two years is a rela- tively short time, particularly when you have your sewers at the pres- ent time in some locations as shown by the sewer plan which the Coun- cil authorized our Engineering Department to dravi, and which has been drawn and submitted. As to the validity of this contract, its con- tents, he has no question as to the.opi.nion given by Mr. Curran. The thing Mr. Bird said he is faced with, as an administrative official, he wants the stuff handled, and handled adequately and at the last cost to the users within our City. In the extent the Council sees fit not to go along with this contract, he would like to ask, where do we go from here, what is the substitute, if any; because We cannot reach the ocean? We speak.of a 40 year situation of three million six hun- dred thousand dollars, as purported in the Contract based on that capa- city which we intend, or did intend to rent, and actually that is what we are doing, we are renting space in a Metropolitan interceptor or collector"sewer. If we would put in our own plant we would spend clos€ to three million dollars immediately and we would have no assurance, in hiss opinion, the plant would be allowed to operate for any definite length of time because of the fact the State Department of Health and Water :pollution Board are very strong in the State of California. Assume we did put in our own plant on the Bay front, we would be sub- ected to an added factor, and that is to meet State Pollution Control Board directives as of the present moment we would be required to not only treat the sewage once but required to treat it twice, in other words primary treatment and secondary treatment,. and when we get into that we come into an economical unfeasible, untenable position which would cost considerable more money than this contract, or this method of disposal you have before you at the present time. CITY PrIAEAGLR BIRI asked the City Attorney if he had given any thought to a method of approach whereby we could seek from the City of San Diego a continua- tion beyond the two year period of Our own existing contract. ATTORNEY CURRAN stated he has given a lot of thought in the past two weeks to the entire problem, and until sunh time as one party or the other indi- cated dissatisfaction with the agreement and intent to serve a two year's notice the question would not arise, Mr. Curran stated he believed the £Mayor of the City of San Diego :tad made it clear that as Ar as he personally was concerned some of these natters might --be nego— tiated; how familiar he was with the details of the National City Situ- ation, Mr. Curran said he did not know. It seems, in'a certain sense, the City Council of the City of San Diego has pointed the way to National City when last Thursday they authorized their engineer to make further studies as to the feasibility of cutting down the size of 2/7/61 289 the system so they would not be taking as much capacity in the event some of the cities decided they did not want as large a capacity as th they thought they did, or in the event some cities, at the present time at least, did not come in at all. Mr. Curran said he did not know the City of National City has had any independent studies by independent jheers since the days of 1940 by Periera & Luckman,. and if the City an Diego can take time out to cut it back it is certainly possible the City of National City can get to work immediately and engage its own independent engineers for a very rapid preliminary search as to what approach from the engineering viewpoint the City of San Diego should take and in the meantime certain negotiations can be held either at the Mayor level or at the Council level, or at the legal department, or the Manager level. Mr. Curran stated he did not say this is impossible, and he is not telling the Council he is against joining in with the City of San Diego or anybody else; he thought it can be worked out. San Diego had some tentative time schedule which apparently they have not abandoned and that would appear to be the opportunity for National City, if it does so immediately and does not procrastinate in providing the Very best competent engineering advice on the engineering level to discuss this problem and see what might be worked out. Certainly a man Of the calibre of Raymond T. Hill would not take long to analyze the situation and talk to the engineers of the City of San Diego and he would be able to advise us where we did stand and how much time we might have under our present agreement to make other agreements if necessary. COUNCILMAN RLID asked the City Attorney if he talked with the City of San Diego about his objections. ATTORNEY CURRAN said he did; as a matter of fact what happened was, when the Assistant City Attorney of San Diego first went into some of the ques- tions, he suggested if he would like he should go see Mr. Beebe in Los Angeles. Mr. Curran stated the Council authorized him to go to Los Angeles and he did go and he talked with Mr. Beebe, and at the end of the conference he said, "you are still not convinced are you?", 04 Curran said he stated: "No sir, I am not." MAYOR HOLLINGSWORTH staled she has listened to the City Attorney and the City Manager and that she has read the contract backwards and forward and has studied every angle of it, and she is very sure that Mr. Firestone would never permit the City ©f San Diego to sign the same contract if circumstances were reversed, o they are asking us to do something they would not do themselves. Furthermore, it was very clear in the City Attorneys report it is not impossible of negotiation. Mrs. Hollingsworth said she did not believe if we do not sign we are closing the door. Mayor Hollings- worth stated when the contract arrived the City of B1 Cajon went "straight up in the air" over the sewage charge per mile, and the 2/7/61 290 Mayor wanted to call a -meeting and it was very openly announced and immediately Mayor Dail got into the act and suggested all of us come in to a common meeting and we were all there. Since that meeting the contracts have been changed; ban Diego has backed down from the infil- tration charge; instead of charging all the cities a prorated cost, they have backed down and said they would take it all over. They re- negotiated La Mesa's contract, there were minor changes; they have renegotiated the El Cajon contract, of which El Cajon claims it is going to save five hundred thousand dollars; Chula Vista is still in the state of negotiating and they may sign tonight but they are unable to arrive at what their full capacity should be. Imperial Beach sig- nified their intention of signing, but according to the papers they have not signed as yet, and don't believe they are ready to sign as they are also having an engineering study. The City of Coronado have asked the City of San Diego for an extension of time because they are having an independent survey made; as of last week theyhad not been granted the extension of time. Mrs. Hollingsworth said she would say that if we did not sign that would not necessarily mean we will never get into Metropolitan Sewage District. Mrs. Hollingsworth said she thought this whole thing has been gone into at the wrong level. Mr. Bird has been sitting on it for a long time because of the City Mana- gers and he has been close to Mr. Blom and aware of this contract; it is entirely different than what was originally proposed, it was sup- posed to be a Metropolitan Sewer District, and for various reasons the things have been changed. Mayor Hollingsworth said she thought until just recently we would enter into a Joint Powers Agreement with the City of San Diego whereby we would pay our fair share of the construo- Lion and also maintenance and operation. Mrs. Hollingsworth said she has no quarrel with the figures, no quarrel with what they set up, and she agrees with the City Attorney it is not a good contract, and she did not think we are absolutely closing the door, and we have to do a whole lot of things. COUDCILI17AN MORGAN said perhaps the City Attorney could find out if we could get an extension of time, the 060,000 pen- alty is a large sum of money and perhaps the good would override the bad, but if the Attorney could find something out in that line he would be in favor of an adjourned meeting tomorrow. MAYOR HOLLINGSVdORTH said she did not think that is the answer. The City Manager and all of us, with the exception of the City Engineer and in talking with him yester- day he thinks we did not use the full amount of capacity as recommended by the City Engineer, he thinks we are making a grave mistake by only going for the eight million; but do not believe this is the matter involved, it is the legality and until San Diego and Mr. Firestone want to sit down and negotiate we are in no position to negotiate If 2/7/61 291 the City Council would like to authorize Mr. ,Curran to seek negotia- tions that would be one thing. COUNCILMAN MO1IGAN said if the cities would all stand together then you would have a wedge. MAYOR HOLLINGS- WORTH stated she tried to get the cities to meet together but each one of them had negotiated their own little contract and they were happy so they were no longer interested in this other angle. Some of them are a little concerned, they would like to know the City Attorney's objections. VIOL MAYOR HART said he thought we should sign and then negotiate. MAYOR HOLLINGSWORTH stated there is one other point the City Attorney just pointed out, the list contract we received says March let, Mr. Blom called up and the paper said it was extended until tomorrow. ATTORNEY CURRAN stated the contract says the date of this agreement is March 1, 1961; the effective date. CITY LNGINL_R ROBERTS stated he wondered if Mr. Curran does not like the contract he won- dered if he would spell out the changes, and we raised the point with the City of San Diego they would meet us. On this matter of their cutting us off; we are transporting a considerable quantity of San Diego sewage through our sewers, and we could then cut them off, so San Diego too would be in a bad way. Mr. Roberts said to him that whole approach is unthinkable. The City of San Diego has spent ten million dollars in getting up these plans and they are all predicated on the various loads, and they don't want us to fall out, they would have to do a lot of redesigning and it costs money to change plans. Motion carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid. Nays: Hollingsworth. MAYOR HOLLINGSViORTH stated at this time she would like to call for a reorganization of the City Council, and entertained a motion, if the Council were all in agreement, Vice Mayor Hart be made Mayor. Moved by Allen, seconded by Morgan, the Mayor's recommendation, in a fit of anger, not be accepted, and she remain Mayor until her term is com- pleted. MAYOR HOLLINGSWORTH stated she is sorry but the Council have put her in an untenable position, she will not sign this contract, so she will give somebody else the dubious honor of signing it. VICE ILAYOR HART asked if the Vice Mayor could not sign it. ATTORNEY CURRAN stated that is something he would have to look up, he could not give an answer at this time. COUNCILMAN ALLEN said the only thing he knew the Mayor could do if she insisted, would be to have a resignation, and it would have to be in writing, he assumed. COUNCILMAN ALLEN asked the City Attorney, if the vacancy exists in the Municipal Court in Chula Vista, what would be the method of replac- ing Judge Lowell Howe. ATTORNEY CURRAN stated appointment is made by the Governor. Moved by Allen, we send a recommendation to the Governor 2/7/61 292 of the State of California-thatwe-recommend our City Attorney and expound the things he has.4orie":for this City over the period of years he has been our City Attorney, for consideration for the Municipal Judgeship of the South Ray area, if he is interested, and would accept. ATTORNEY CURRAN thanked Mr. Allen for his timely expression of confi- dence, particularly at this time he thinks it is quite timely to have this nice gesture; however, the answer is at the present time he would not be interested in being appointed to that position. VICE MAYOR HART stated he is sorry the Council upset Mayor Hollingswort as they did; we have had a number of four to one votes, and it was not intended to hurt the Mayor. MAYOR HOLLINGSWORTH stated she has known for some time she will never sign this contract; and she thinks they all overlooked a golden opportunity to make San Diego negotiate with us the same as they did with the other cities; and even the penalty was illegal. COUNCILMAN ALLLN asked if the City Attorney would rule on whether it would be necessary for the Mayor to resign, or whether she could delegate Vice Mayor Hart. ATTORNEY CURRAN stated he will rule next week. Moved by Morgan, seconded by Hart, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 5:32 p.m. MAYOR, CITY OP NATION ATTEST CITY CLERK .0Mje TY, CALIPORkA I