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HomeMy WebLinkAbout1961 03-28 CC MIN364 National City, California, March 28, 1961 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Morgan, Reid, Hollingsworth. Council members absent: Hart. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Kerr, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Elder Robertson of the Seventh-Day Adventist Church of Paradise Valley. P>Mved by Reid, seconded by Morgan, the minutes of the regular meeting of March 21, 1961, be approved. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated James Drimmel of the South Bay Plaza was present and wished to present the City with a 50 star flag. JAMES DRIMMEL, with the South Bay Plaza Shopping Center, was present, and stated on behalf of the fifty-two merchants therein he would like to present the fifty star flag with their best wishes; also a letter from the Architect of the Capitol addressed to Congressman Utt, which stated the eh:losed flag was flown over the Capitol of the United States on July 4, 1960, the day the-10-star flag became the official flag of our country. MAYOR HOLLINGSWORTH, on behalf of the City Council, thanked Mr. Drimmel for the flag. RESOLUTION NO. 7899 was read, "A RESOLUTION OF THE CITY COUFOIL OF THE CITY OF NATIONAL CITY CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED TERRITORY DESIGNATED AS "LIN- COLN ACRES"." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hollingsworth. Nays: None. Absent: Hart. RESOLUTIOI` NO. 7900 was read, "RESOLUTIOE At'PROVING THE ACQUISITION OF BROWN FIELD FOR CIVILIAN USE." Moved by Reid, seconded by Morgan, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hollingsworth. Nays: None. Absent: Hart. ATTORNEY CURRAN stated before reading the next Resolution he would like to read the communication dated March 25, 1961, addressed to the City Council from Sullivan Hardwood Lumber Company, which Stated the inten- tion to give up Parcel 4B of the Tidelands when the City has worked out a satisfactory arrangement with Parker Truck Company to take over the site. Presuming these details have been agreed upon, we will con- sider our lease on the Parcel terminated as of April 1, 1961. ATTOR- NEY' CURRAN said the letter called for action on the part of the City Council by way of a Resolution to cancel and rescind the Tidelands lease. 3/28/61 365 RESOLUTION NO. 7901 was read, "RESOLUTION CANCELLING AND RESCINDING TIDELANDS LEASE OF PARCEL 4-B." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Alien, Morgan, Reid, Hollingsworth. Nays: None. Absent: Hart. ATTORNEY CURRAN stated before reading the next Resolution he thought it was important the Council fully understand certain language which he has inserted in the proposed lease with Parker Truck Company; the language is put in the lease in order to make certain the intentions of the Council would be followed out, there be no profit by a lessee in the event the lessee desired to surrender a portion of the Tide- lands which it has been leasing from the City of National City. ATTORNEY CURRAN read the portions of the lease rh ich he desired to call special attention. RESOLUTION NO. 7902 was read, approving lease between City of National City and Parker Truck Company dated April 1, 1961, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hollingsworth. Nays: None. Absent: Hart. ORDINANCE NO., "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALI- FORNIA, ADOPTING BY REFERENCE THs, SAN DINGO COUNTY PLUMBING CODE," was presented. CITY ATTORNEY CURRAN stated in order to adopt the Ordinance by reference, it is necessary the City Council give notice, and pub- lish same. Attorney Curran read the Notice of Hearing on Adoption of National City Plumbing Code. The hearing of protests and of all per- sons interested in relation to said proposed Plumbing Code will be held Tuesday, April 25, 1961, at 2:00 o'clock p.m. Mr. Curran stated in order the procedure prescribed by law may go forward so the Council can hold the hearing to determine whether or not the San Diego County Plumbing Code should be adopted by reference, his recommendation is as follows: First: The City Council fix the hearing date for 2:00 o'cloc p.m., April 25, 1961. Secondly: The City Council determine the notice which has been read does contain a description sufficient to give notice to interested persons for the purpose of the Ordinance and of the subject matter thereof. Finally: The City Council approve the form of the notice, as read, and orders publication twice in the National City Star -News. Moved by Allen, seconded by Morgan, the recom- mendation of the City Attorney in regard to the terms and conditions set up for adopting the San Diego County Plumbing Ordinance be approved; and a public hearing be held at 2'00 p.m., April 25, 1961. Carried, all the Council present voting aye. 3/28/61 366 ORDINANCE N0. , "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALI- FORNIA, REGULATING THE DISPOSAL OF GARBAGE AND RUBBISH," was presented for the first reading, and read in till. HEARING ON RAJ 'S SUBDIVISION ANNEXATION was held at this time. PRO- TEST FROM PEARL J. MARTEL, 5701 Mariposa Place, San Diego, was read. CITY CLERK ALSTON stated she received no other protests. CITY PLANNER STOCKMAN reported within the annexation there are 9.55 acres represent- ing a total valuation of $17,840.00, according to the County Assessor's map. Protest signed by Mrs. Martel represents ownership of one parcel of land 1.52 acres with a total valuation of $2,940.00, or approximately 16% of the value of the territory. MRS. MARTEL was present and stated she would like to know why she cannot stay in the City of San Diego. MAYOR HOLLINGSWORTH stated it was not the City of National City that tried to annex the property, it was the people in the area who requester_ annexation because of Harbison School, and it was the suggestion of the City of San Diego Mrs. Martel's property be included for boundary pur- poses. Moved by Allen, seconded by Reid, the hearing be closed and referred to the Attorney to continue the annexation. Carried, all the Council present voting aye. ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "TEFFT SEDLACK ANNEXATION," TO THE CITY OF NATIONAL CITY, was presented for the second and final reading, and the title was read in full. Upon motion of alien, seconded by Reid, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 991, "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "TEFFT BEDLAM ANNEXATION." Moved by Allen, seconded by Reid, the Ordinance be adopted. Carried, by the fol- lowing vote to -wit: Ayes: Allen, Morgan, Reid, Hollingsworth. Nays: None. Absent: Hart. ATTORNEY CURRAN reported Venberg and Robson have issued an endorsement to be attached to the L. M. Pepper liability insurance policy; the policy should be physically attached to the certificate previously filed; however, it still does not satisfy the requirements of the Pepper lease, and recommended the City Clerk be authorized to communicate further with Venberg and Robson and advise them it will be necessary for National. City to have a copy of the policy issued to Pep's Kerosene and Distil- late Service. Moved by Reid, seconded by Morgan, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. 3/28/61 367 ATTORNEY CURRAN stated with reference to Resolution No. 7886 which was adopted Maroh 14th, he would recommend the City Clerk be authorized and directed by interdelineation to change the reference in the Resolution to Drawing No. 788-L to reads "File 128-A." Moved by Allen, seconded by Reid, the recommendation of the City Attorney be approved. Carried, all the Council present voting aye. ATTORNEY CURRAN stated in regard to the acceptance of the final map for the proposed Grove Terrace Subdivision, as yet the subdivider has not submitted to him, as is required by ordinance, evidence there has been completed arrangements with the Water Company to install the water mains which will be required in the subdivision. Until such time as the evidence is submitted, it will be impossible to approve the final map of Grove Terrace Subdivision. LUCILLE FAUST, 636 - 22nd Lane, was present and stated a year ago she moved into the housing on 29th Street, shortly after that time she left with the children and her husband remained on the premises and when he moved out of the housing he apparently owed a little rent which she knew nothing about. About three weeks ago she brought her children back here to National City and was looking for a house, and a friend of hers, Mr. Dockwaller had applied for housing and obtained the house at 636 - 22nd Lane as he was going to bring his family here to live; how- ever, after he paid the rent, the family decided not to come here, so he asked Mrs. Faust if she would like the house, pay him the money he had paid the Housing, and move in. Mrs. Faust stated she has been informed by Housing she is living there illegally; and would like to know if something could be done so ahe could continue to live there. MR. DOCKWALLER, 636 - 22nd Lane, was present and stated he did not know at the time that he had done wrong in letting Mrs. Faust take over the house; he did not want to stay there if his family was not living with him. COUNCILMAN ALLEN stated he did not see how the Council can make a decision, evidently there have been some rules broken, the rent is paid for a month, which has a week to go, not having any report from the Director of Housing we do not know just how severe the rules are, it would be his recommendation the lady be permitted to stay as long as the rent has been paid for this )eriod of time while we get a report on what is going on and notify her just as soon as possible. COUNCILMAN REID stated he personally would not put any lady out with three ohil- dren. Moved by Reid, seconded by Morgan, the matter be turned over to the City Manager and Housing Director. CITY MANAGER BIRD stated he talked with Mrs. Faust three different times on the telephone and he advised her each time her problem was with the Director of Housing, which is the Acting Director, Mr. S•togsdill. Mrs, Faust is in the 3/28/61 368 Housing illegally according to all the rules and regulations. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated there will be a final report from the City Manager next week. EWER HARWELL, 841 E. 28th Street, member of the Civil Service Commis- sion, was present, and stated at the meeting of the Commission Tuesday evening, the members requested him to appear before the Council in regard to Ordinance No. 712, which they feel either needs amending or rewriting to take oare of the present needs. They do not want any addi- tional power, but need a clarifioatien of the rules, MAYOR HOLLINGS- WORTH asked if the Commission would be willing to work on it and bring in their recommendations. MR. HARWELL said they would be very happy to work with anyone. Moved by Allen, seconded by Reid, the Commission be authorized to proceed with making recommendations, if they are will- ing to do so. Carried, all the Council present voting aye. EVE BISBERG, 1826 E. 8th Street, was present, and stated she thought the Civil Service Ordinance dhould be brought up to date. In speaking to a number of citizens it has been brought to our attention so many times when we come to Council meetings there are annexations; zone changes, and the names only of the annexations are given, not the loca- tion. Mrs. Bisberg said she would like to see that adequate maps be furnished so the people in the audience will know the location of the annexations. Mrs. Bisberg stated a few weeks ago there was a motion passed by four Councilmen, and although she respects the wishes and idea of our Mayor when she refused to sign an agreement, she thoroil.hly agreed with her about her doing it, but she did believe it goes against the principles of good government. Our City Attorney, who is supposed to represent the people of National City is representing the Mayor and our Council are taking another legal advisor, and felt it was certainly a conflict of interest on the part of the City Attorney, to be suppos- edly representing the people of National City and at the same time upholding one member. In reading the Council minutes of last week Mrs. Bisberg said she was amazed at the amount of space taken where the City Council were entering their feelings about the bills before the Legis- lature. We have very good Assemblymen and the people elect them to go to Sacramento and legislate for them, and it is felt the Council's interest would be better taken at home. JOANNE SHEPPARD, 2532 Ridgeway Drive, Lincoln Acres, was present and stated she would like to hear some of the views of the Council members in regard to the proposed annexation of Lincoln Acres, and would like to extend an invitation to the Council members if they could be assured there were no insults, heckling or personal feelings involved, to meet with the civic group. We would also like to have a representative of 3/28/61 369 the Metropolitan Sewer System present at the meeting to explain the situation in this regard. Mrs. Sheppard stated she has heard a rumor a petition has already been drawn up and 25% of the people have already signed the petition and has gone to the next step. Many of us have not seen any kind of petition. CITY PLANNER STOCKMAN stated after the adop- tion of the resolution today it is then up to the proponents to publish the entire legal description along with the people who will be aircu- lating the petition in a newspaper in the area; then they are to give to the Council an Affidavit of Publication, file it with the City Clerk. Twenty-one days after the publication in the paper they are then legally right to start circulating their petition to obtain the 25% of the registered voters. MAYOR HOLLINGSWORTH stated she was sure if they had a bona fide meeting, members of the City's staff would appear and give them a clear picture of what you can do and what you can expect, and she is sure the City of San Diego will be very glad to s end somebody from the Metropolitan Sewer District and explain the plan. Mrs. Hollingsworth stated she personally did not think it necessary any mem- ber of the Council attend a meeting; there are people on our staff who are trained technically who know what they can or cannot do; and the invitation perhaps should be limited to the City Planner, City Manager, and City Engineer. COUNCILMAN MORGAN stated he has one item he would like to see on the agenda for the next Harbor Committee meeting, and that is crossing the creek in the tidelands; it has been discussed about filling it in. Moved by Morgan, seconded by Alien, the matter be referred to the next meeting of the Harbor Committee, Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated she would like to appoint Mrs. Howard Ellis, Mrs, Helen Thomassen, and David Wright, to the Park and Recreation Advisory Board, Moved by Reid, seconded by Morgan, Mayor Hollingsworth be granted permission to make the appointments. Carried, all the Coun- cil present voting aye. MAYOR HOLLINGSWORTH recommended a letter be sent to the three retiring members for the work they have done on the Park and Recreation Advisory Board. Moved by Mcr gan, seconded by Allen, the recommendation of the Mayor be approved, letters be sent to the retj.red members of the Park and Recreation Advisory Board. Carried, all the Council present voting aye. CITY CLERK ALSTON stated bids were opened in her office yesterday for P Station No, 2, as folio's: W. J. HAAS CONSTRUCTION COMPANY, $ $* 41.00; GIPSON & BLOCK CONSTRUCTION COMPANY, $44,122.00; GLEN H. !ULCER, $34,412.00; R. A. CRIST, $46,024.00; ART A. GUSSA, $37,862.00; GEORGE MORGAN, Jr., $37,950.00; LOYAL CONSTRUCTION COMPANY, $57,800.00; 3/24/61 370 SELPH'S BUILDING CONSTRUCTION, $36,290.00; ASSOCIATED CONSTRUCTION COM- PANY, $39,35240; LLOYD L. HAWKINS, $40,660.00; MORRISON & CHRISTENSEN, $37,240.00; HR W. SMITH, $41,752.00. CITY MANAGER BIRD stated he had requests from the following for refund of $15.00 which was deposited for each set of plans and specifications for the Fire Station which were issued for prospective bidders: C. H. LUSTER; HARKLEROAD CONSTRUCTION COMPANY; THEODORE L. BLOCK of GIPSON BLOCK CONSTRUCTION COMPANY; and HOMER W. SMITH. CITY MANAGER BIRD recommended the proper officials be authorized to return the $15.00 per set of plans. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to refunding the money for plans for the Fire Station be approved, and warrants drawn by the delegated authori- ties to pay then. Carried, by the following vote to -wit: Ayes; Allen, Morgan, Reid, Hollingsworth. Nays: None. Absent: Hart. TELEGRAM FROM THOMAS H. COSBY, addressed to the Mayor, Councilmen and Chief of :Police, was read, commending Patrolman Bob West and Reserve Officer Frank Chenelle for their emergency services to him on Saturday, March llth. Their prompt action in alerting the staff at the Dispen- sary of the Naval Repair Base and transporting him there in all probab- ility saved his life. CITY MANAGER BIRD recommended the document be received anA placed on file and a copy of same forwarded to the Chief of Police. Moved by Morgan, seconded by Reid, a copy be sent to the Chief of Police and a copy also given to Patrolman West and Reserve Officer Chenelle. Carried, all the Council present voting aye. COMMUNICATION FROM MR. AND MRS. JOHN MILLER, 44 N. Belmont Avenue, was read, thanking the Fire Department for the efficient way they handled the fire at their home on March 13, 1961. They also thanked the Police Department for the help they offered. CITY MANAGER BIRD recommended a copy of the letter be given to the Chief of Police and to the Fire Chief. Moved b; Morgan, seconded by Reid, the recommendation of the City Manager be approved. Carried,'all the Council present voting aye. APPLICATION FOR ON SALE BAR BEVERAGE LICENSE for Al's Cafe, 2100 National Avenue, was presented. REPORT FROM CHIEF OF POLICE CAGI stated investigation reveals no grounds for protest of the application. Moved by Reid, seconded by Hollingsworth, the application be filed. Motion lost, by the following vote to -wit: Ayes: Reid, Hollingsworth. Nays: Allen, Morgan. Absent: Hart. APPLICATION FOR OFF SALE BEER & WINE BEVERAGE LICENSE, person to person transfer, by Speedee Mart, 702 Highland Avenue, was presented. REPORT FROM CHIEF OF POLICE CAGLi stated investigation reveals no grounds for Protest of the application. Moved by Reid, seconded by Hollingsworth, 3/28/61 371 the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Reid, Hollingsworth. Nays: Morgan. Absent: Hart. COMMUNICATION FROM CITY PLANNER STOCKMAN addressed to City Manager Bird, was read, stating the property known as 1539 E. 8th Street is zoned C-2, Limited Commercial Zone. The 0-2 Zone permits food and grocery stores, retail, including the package retail sale of alcoholic beverages, beer and wine. A C-3-A Lone is required to operate establishments operated pursuant to an on sale license from the Alcoholic Beverage Control Board; therefore, the issuance of an on sale license at the above address would be in violation of the local Zoning Ordinance. CITY MANAGER BIRD stated the City Clerk has filed a protest as ordered by the City Council. COMMUNICATION FROM J. H. IRVINE was read, stating since he is being transferred to Glendale he is submitting his resignation as a member of the Civil Service Commission, effective :March 28, 1961. Moved by Morgan, seconded by Allen, the resignation be accepted, with regrets, and a letter be forwarded to Mr. Irvine thanking him for his services rendered the City of National City. Carried, all the Council present voting aye. COMMUNICATION FROM COUNTY BOUNDARY COMMISSION addressed to City Clerk Alston, was read, stating you are hereby notified the City of Chula Vista intends to annex the territory delineated on the attached map. ANOTHER COMMUNICATION FROM THE COUNTY BOUNDARY COAMISSION was read, relative to the intention of the City of Chula Vista to annex territory delineated on the attached map. CITY MANAGER BIRD recommended the com- munications from the Boundary Commission be received and placed on file. Moved by Reid, seconded by Morgan, the recommendation of the City Mana- ger be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the minutes of March 7, 1961, of the Board of Directors meeting of South Bay Irrigation District, and recommended they be received and placed on file with the City Clerk. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER ROBERTS relative to amendment of Ordinance 904, was read, recommending Ordinance No. 904, item 4, be changed in aocordanoe with his recommendation as set forth in the report. CITY MANAGER BIRD stated Mr. Roberts is recommending the table now showing in Ordinance 904 be changed to read as he has enumerated in his report. Moved by Reid, seconded by Morgan, the recommendation of the City Engineer be approved, the table be changed, and the City Attorney pre- pare the Ordinance. Carried, all the Coun.il present voting aye. 3/28/61 372 REPORT FROM THE FINANCE 40MMITTEL was read, stating Robert A. Bradt was present and explained his work on the Community Building and a general discussion of the.project was held. It was the recommendation of the Committee we proceed with the plans of remodeling the Community Building, deleting the sprinkler system and deleting part of the kit- ohen fixture expenditures,' -as much as possible, and closing off the area under the building except for ventilation purposes. COANUNICATION FROM ROBERT A. BRADT was read, stating enclosed is a revised prelimi- nary cost estimate for rehabilitation of the Community Building as requested by the Finance Committee on March 24, 1961. CITY MANAGER BIRD stated in eliminating the items requested by the Finance Committee there has been a reduction of $5,000.001 or a total of $92,550.00. Moved by Allen, seconded by Reid, it be referred back to the Finance Committee. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE stated Mr. Myers presented a study of trash collection costs and other related problems. It was the recom- mendation of the Finance Committee the matter be held aver until the next meeting of the Finance Committee. CITY MANAGER BIRD stated there was a communication from the Southern California Regional Association of County Supervisors viiich was referred to the Finance Committee by the Council. REPORT FROM THE FINANCE COM- MITTEE was read, recommending we go along with the County Supervisor's request as to the apportionment of gas tax money. Moved by Morgan, seconded by Reid, the recommendation of the Finance Committee be approved and a resolution be prepared on the proposed revision of the Mayo -Breed Formula. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE stated a discussion was held regard- ing Federal grants to municipalities in relation to sewer plants and sewer facilities. The general opinion was to not apply for a grant at this time. The Committee recommended we pass the necessary resolution supporting the new in lieu tax. Moved by Morgan, seconded by Reid, the recommendation of the Finance Committee be approved, and a notification be sent to the League of California Cities of the official action of the City. Carried, by the following vote to -wit: Ayes: Morgan, Reid, Hollingsworth. Nays: Allen. Absent: Hart. COMMU1ICATION FROM THE STATE TREASURER was read, enclosing a copy of their brochure, "The California Bonding Picture, Past, Present and Future." It is intended to publish this brochure once a year to show as completely as possible California's bonding prpgram. CITY MANAGER BIRD stated the document shows the total bonded indebtedness as of the present; and will be on file in his office. 3/28/61 573 COMMUNICATION 2BOM ALAN CRANSTON, STATE, CONTROLLER, was presented, which sets forth the apportionment of trailer fees to counties, CITY'MANAGER BIRD recommended it be received and placed on file with the City Clerk. Moved by Reid, seconded by Morgan, the recommendation of the City Mana- ger be approved, Carried, all the Council present voting aye, COMMUNICATION PROM THE TEMPORARY CHAIRMAN OP INDEPENDENT CITIES OF LOS ANODES COUNTY was read, stating enclosed is a copy of resolution oppos- ing AB 267. After exaarining the proposed legislation we are of firm belief it opens the door for Metropolitan Govewmient in Los Angeles County and the Bay area. It proposes districts which would allow neigh- boring cities to vote your city into these districts whatever_ it might be for, possibly over the wishes of your own city,_ It was recommended the Bill be examined carefully, and if of the same opinion, notify the members of the League and your Assemblymen, and pass a resolution oppos- ing it. Moved by Allen, it be referred to the City attorney for a report to the Council next week. Motion died for lack of a second. la.YCR HOLLINGSWORTH stated she is not in favor of the Bill, and she wrote to all five of our Assemblymen and Senators opposing it, and she has received a reply from all of them, and the majority'were very much opposed to it. MAYOR HOL ;IIiGSWORTH stated she talked JO the Mayors group and none of them had read it except Mayor Dail, and he said he talked to Governor Brown and Governor Brown said if it passed the Legis- lature he would not sign it. Moved by Morgan, seconded by Reid::, we bacl_ up the resolution on AB 267. Carried, all the Council present voting aye. NOTICE FROM ARMY ENGIBEERS relative to application of San Diego Gas & Electric Company for a permit to install one 12-KV SubLarine Electric Power Gable under and across San Diego Bay in the existing cable and pipeline area between the cities of San Diego and Coronado, was pre- sented. CITY MANAGER BIRD recommended the notice be received and placed on file. Moved by Reid, seconded by Morgan, the City Manager's recom- mendation be approved. Carried, all the Counoil present voting aye. COMMUNICATION ADDRESSED TO MAYOR HOLLINGSWORTH FROM JOHN BATE, PORT DIRECTOR, PORT OP SAN DIEGO, was read, stating he is enclosing a copy of the letter and proposed Constitutional amendment, which were for- warded to him by Jean DuPaul, their City Attorney. It, is felt such an amendment, if passed, would be exceedingly detrimental to the well being of California ports and port cities. It was recommended your City oppose the proposal most vigorously. MAYOR HOLLINGSWORTH stated she talked to Les Earnest, who is head of Mission Bay Park and he said if the bill is approve4 it covers any navigation whatsoever, and would even refer to an `inland lake in a park, also effect imparts and bays 3/28/61 374 and anything along the ocean front; and two miles back of all tidelands. Moved by Reid, seconded by Morgan, a resolution be prepared to oppose it. Carried, all the Council present voting aye. COMMUNICATION FROM CALIFORNIA ROADSIDE COUNCIL was read, stating they are gratified to learn of the City'e recent decision in regard to out- door advertising, which they wish to commend. The City's action is certainly in line with the best modern standards of civic development. Moved by Reid, seconded by Morgan, the communication be filed. Carried, all the Council present voting aye. COMMUNICATION FROM J. D KENA, DISTRICT ENGINEER, STATE DIVISION OP HIGHWAYS, was read, stating a new procedure for the approval action by the State Department of Public Works, Division of Highways, of expendi- tures of State Allocated (5/80) Punds for the acquisition of rights of way on major city street projects will apply to expenditures from funds apportioned in the 1961-62 fiscal year and ensuing fiscal years. The procedure was outlined in the letter. Please see this procedure is brought to the attention of all City personnel responsible for the administration of City gas tax projects, and is followed before expen- ditures for rights of way are made from State allocated (5/80) funds apportioned in the 1961-62 fiscal year and ensuing fiscal years. CITY MANAGER BIRD recommended the communication be received and plaoed on file and a copy of same be sent to the Engineering Department and other departments that have to do with expenditure of Highway funds. Moved by Allen, seconded by Reid, the recommendation of the City Manager be approved in regard to the communication from J. Dekema, Distriot Engi- neer, Division of Highways. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he is in receipt of all of the current bills including March lath, which now brings the Assembly Bills to 2133, and the Senate Bills to March lOth, to 923. Mr. Bird said he is working his way through some of them as he gets the opportunity, and they are on file in his office. COMMUNICATION FROM ASSEMBLYMAN ELLIOTT was read, acknowledging the tele- gram from City Clerk Alston regarding AB 427, and thanking her for the Council's views on the matter. CITY CLERK ALSTON reported she received a communication from the City of Paramount relative to AB 127 which we protested, and recommended tAo communication be filed. Moved by Reid, seconded by Allen, the communi- cation from the City of Paramount be filed. Carried, all the Council present voting aye. CITY CIRK ALSTON presented the Affidavit of Publication in the San Diego Union of Resolution 7878 relative to Eighth Street Annexation; 3/28/61 375 also Affidavit of Publication of Resolution 7875 relative to Olivewood Annexation. Moved by Allen, seconded by Reid, the Affidavits be filed. Carried, all the Council present voting aye. REPORT PROM THE PLANNING COMMISSION was read, recommending acceptance of the Final Map of Williams Manor No. 7 Subdivision. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission in regard to Williams Manor No. 7 Subdivision be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending the accep- tance of a grant deed and easement from Russell H. and Katie J. Haring, relative to an additional dedication of La Siesta Way to a fifty foot right of way in place of the original twenty foot alley. Moved by Morgan, seconded by Reid., the recommendation of the Planning Commission in regard to acceptance of the deed and easement be approved, and referred to the City Attorney for preparation of a resolution of acceptance. Carried, all the Council present voting aye. COUNCILMA-n- ALLSE inquired if Vice Mayor Hart was ill or out of town. MAYOR H0LLINGSWORTH stated he took a vacation. Moved by Allen, seconded by Morgan, the City Attorney give us a report as to whether or not the "Rotes of Decisions" in the Government Code, Page 86, Section 35302, "Annexation of contiguous uninhabited territory authorized," Anaheim vs Fullerton, is an overlapping situation like the "hurry up deal" South of us and if it couls be stopped. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended a resolution of award be prepared and the Mayor be authorized to sign the contract for the building of Fire Sta- tion 2, and the award be made to Glenn H. Miller, low bidder on the con- tract, in the amount of 334,412.00. Moved by Allen, seconded by Reid, the recommendation of the City PManager in regard to building Fire Sta- tion 2 and the award of contract to Glenn H. Miller be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported SB 694 Bill which had a "rush" and the hear- ing was held in the Senate Committee on Friday, March 24th; it gives local safety members, police and Firemen, an advantage over all other employees, and amends Section 21300 of the Government Code to except local safety members from the existing provision of the section requir- ing the allowances of recipients of disability retirement benefits to be reduced in the amount they receive from any gainful outside employ- ment added to the disability retirement allowances needed exceed the total amount of compensation for the position from which the employee has been retired because of disability. It is believed the effect of 3/28/61 376 the Bill would be to permit such employee to profit from their disab- ility at City expense by engaging in outside occupation while receiving a disability allowance. It would encourage continued private and out- side employment rather than retirement as a result of disability. CITY MA2iGER BIRD stated he has not heard whether or not it passed the Sen- ate Committee. Moved by Allen, seconded by Reid, we oppose the Bill. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated she did not know how many of the Council members had read the report of the Park and Recreation Advisory Board; there are about 20 pages comprising the report. Mayor Hollingsworth said she is sure it was not the intent of the Council when the Advisory Board asked for a Secretary, a verbatim report be given; all we want is the Secretary give what action, if any, is taken, suggestions, etc. It took the Secretary fifteen hours to write the report, at $2.43 an hour, which amounts to $35.45 for the one report. sirs. Hollingsworth said she did not think this is what the Council wanted or what the Park and Recreation Advisory Board should have; they should be told all we are interested in is any recommendations they have or action taken by the Board. Moved by Allen, seconded by Reid, the City Manager have an audience with the Chairman of the Park and Recreation Advisory Board and explain to him the feelings of the City Council in regard to how much it cost for all this detailed report. Carried, all the Council p present voting aye. Moved by Reid, seconded by Morgan, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:55 p.m. ATTDST: CITY CLERK 'NATIO'AL I.j , CALIPO'''IA 3/28/61