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HomeMy WebLinkAbout1960 12-20 CC MIN205 National City, California, December 20, 1960 Regular meeting 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. ADMIBISTRATIVE OFFICIALS present: Alston, Biggs, Bird, Curran, Gautereaux, Kerr, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Clark of the First Baptist Church. Moved by Reid, seconded by Hart, the minutes of the regular meeting of December 13, 1960, be approved. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH presented M. 3. Briggs, Street Foreman, with a service award pin, representing twenty years of employment with the City of National City. ATTORNEY CURRAN asked that the adoption of resolutions be deferred until later in the meeting. ORDINANCE NO, , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "SWEETWATER ANNEXATION UNIT NO. 2" TO THE CITY OF NATIONAL CITY" was presented for the first reading and read in full. ATTORNEY CURRAN stated the Registrar of Voters has certified the results of the special bond election submitted to the voters on November 8th, and at this time it becomes necessary to have authorization to prepare the resolution certifying the results of that election. Moved by Alle12 seconded by Reid, the City Attorney be given the authority to prepare a resolution certifying the results of the eleotion. Carried, all the Council present voting aye. ATTORNEY CURRAN reported M. G. White -Starke Insurance has issued a cer- tificate that C. S. Johnson & Wallace G. Johnson, have liability insurance required by the contract for furnishing and servicing of refuse receptacles, and recommended the certificate be filed. Moved by Hart, seconded by Reid, the certificate be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Tarter, Webster & Johnson have submitted a certificate of insurance; which is sufficient as far as it goes; how- ever, it is his recommendation the City Clerk be authorized to advice Tarter, Webster & Johnson it will be necessar;:, to furnish the City with a copy of the insurance policy described in the certificate, and also 12/20/60 A 206 to furnish the City with the copy of the policy providing coverage for property damage over and above the sum of $5,000.00, which is provided for in this policy. Moved by Hart, seconded by Morgan, the recommen- dation of the City Attorney in regard tb the certifioate of insurance of Tarter, Webster & Johnson, be approved* Carried, all the Council present voting aye. ATTORNEY CURRAN reported Industrial Indemnity Company has served notice that the Workmen's Compensation policy of V. E. Posey Construction Co. has been cancelled. This is of no further signifioance to the City because of(the fact V. E. Posey Construction Co, has completed the work of improvement on E. 8th Street. Moved by Alien, seconded by Reid, the notice be filed. Carried, all the Council present voting aye. ATTORNEY CURRAN stated at the last meeting there was referred to him the question of the matter of vacation leave and unpaid overtime of Fred-S: Dudley; and the record in this matter indicates prior to July 1, 1960, this employee was not' -covered by Civil Service; therefore, the Civil Service Regulations do not apply. The situation is one in which in the past the non -Civil Service personnel did not have the reetrio- tions regarding accumulation of vacation leave and overtime leave, and is one in which under these circumstances other employees, upon their termination, have been granted the request so the termination date of the employee becomes effective at the time he has been permitted to take the leave to which he is entitled. There does not appear to be anything in violation of law in the procedure which has heretofore been established in this regard for non -Civil Service per onnel. Moved by Ho t, seconded by Reid, this be allowed and be paid after reoeivirg reoommendations and information from the City Attorney, whether or not it is legal. IAYOt HOLLINGSWORTH asked whether Mr. Dudley, now that he is under Civil Service, if the City has to give him all of his vaca- tion time off at one time. ATTORNEY CURRAN stated that is a technical aspect which was not considere1, and something which he felt had been resolved in the usual course bjrthe report of the department head to the City Manager; if there is any problem in that regard it could be "ironed out" before there is any action by the Council. MAYOR HOLLINOi,.. WORTH said she thought we did not need a motion, it should be laid,ote-' because it has been referred tO the Finance Committee, but was not taken up at our meeting of the FinanceCommittee last week, and since we hey: a clarification from the Attorney we can take care of it the next t zi we have a Finance Committee meeting. VICE MAYOR HART, with the appro- val of COUNCILMAN REID, withdrew their motion., a.. MARY LOUISE ADKINS, 568 Palomar '-Chula Vista, was present in regard to getting a business license for an art display at 8th and Palm. CITY 12/2o/6o 207 MANAGER BIRD stated the application was made to the License Clerk and in processing it the Health Department ruled it would be necessary for them to have sanitary facilities; and on that basis be was asked by the License Clerk whether or not to issue the license, and he informed the License Clerk if it was the ruling of the Health Department, as City Manager he had no authority to overrule the ordinance. The result is the applicant is now appearing before the Council for a temporary permit to put up easels and sell paintings on the Northeast corner of 6th & Palm and to use the U Rent sanitary facilities. That is the request Mrs. Adkins is making at this time. MRS. ADKIES said they will only be there until Christmas, and if it is necessary for them to take their trailer off the property, they will do so, it is used for putting the pictures away at night. Also they can go across the street and use the sanitary facilities at the service station. Moved by Allen seconded by Hart, we allow the permit for a license. Carried, all the Council present voting aye. MRS. ADKINS stated she would like to know why they must have sanitary facilities on the property when the per- sons selling Christmas trees do not have any sanitary facilities, they use those aoross the street from them, or next door to them. CITY MANAGER BIRD said he had no answer to that; it is a ruling of the Health Department. Moved by Allen, the Building Inspector check the Christmas tree lots and see how many of them have trailers and how many have sanitary facilities, and check the ordinance and see if it is a requirement. Motion died for lack of a second. Moved by Hart, seconded by Allen, Mrs. Adkins go ahead without one of the "Casey's" on her lot, and have the same privilege as the rest of the people. VICE MAYOR HART withdrew his motion. CITY MANAGER BIRD suggested this matter be held over for a few minutes until we can get the License Clerk and cheek the ordinance. COUNCILMAN ALLEN withdrew his second to the motion. BIT1T4,5 AUDITED BY THE FINANCE COMMITTEE presented: • General Fund Traffic Safety Fund Park Fund Harbor Fund Gas Tax Fund Trust & Agency Fund Special Street Fund Drainage Fund Payroll Fund TOTAL $ 25,976.26 2,607.64 236.63 15.32 17,191.64 50.00 2,138.95 11,426.58 50,170.71 $109, 813.73 Moved by Hart, seconded by Morgan, the bills 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. 12/20/60 208 RESOLUTION NO. 7851 was read, authorizing the expenditures of the sums hereinafter set forth from the Capital Outlay Fund: CITY MOTORS, $2,195.61, for: Fairlane 4 door sedan for City Manager, $2,086.00; parts for siren for Fire Dept., $109.61. Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. CITY TREASURER KERR stated she tried to obtain some information in regard to the request of Mrs. Adkins, and what she has been able to learn this is in violation of Ordinance 706. There are two licenses for Christmas trees which have not been issued due to applications which the City Planner wanted to fill out. The License Clerk did not realize there was to be a trailer on two of the places where they were selling Christmas trees. CITY PLANNER STOOKllAN stated that Ordinance 893 states "Auto and Trailer Park means any area or tract of land where space is occupied or rented or held out for rent to one or more users or owners of trailer coaches", and if that is the case, when it says one or more, she questions why any of these trailers parked in used car lots, Christmas tree lots, etc., are legal. CITY TRIASURER KERR stated a license was issued last year to someone to sell paintings at the same location and there was a trailer parked there, and the license was issued this year thinking it was all right to do so, and the Health Department closed them up. CITY PLANNER STOCKMAN stated she discussed the matter of Christmas trees before the Planning Commission; there are several of the Boy Scouts who want to sell trees; and the Commis- sion authorized her to permit the license to be issued if they would sign a statement they would clean up all the debris at all times and all the trees removed after Christmas. Moved by Morgan, seconded by Hart, if the trailer of Mrs. Adkins is not left there at night, we issue this license. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, either the City Treasurer's Field Representative, Mr. Myers, or the Building Inspector check the Christ- mas tree lots and see those that have trailers on them, according to Trailer Ordinance, which is Ord. 893, Section 2, and these people be notified if they are in violation. VICE MAYOR HART withdrew his sec- ond to the motion. Motion seconded by Hollingsworth. Carried, all the Council present voting aye. CITY TREASURER KERR asked who is to check the lots; the motion said Mr. Myers or the Building Inspector, and she would like a definite person specified. Also if they find the trailer has no sanitary facilities, are they supposed to tell them to remove the trailer. CITY MANAGER BIRD stated he thought the best pro- cedure is if they find there are trailers and they are in violation, you refer them to the Health Dept. and they will take care of the 12/20/60 209 removal of it. Moved by Allen, seconded by Hart, the motion be amended to request the Building Inspector to inspect the Christmas tree lots to see if there is a violation of Ordinance 893, Section 2. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she has the result of the bond election cer- tified by the Registrar of Voters, and is as follows: Opposed 6,499; For 3,727. Moved by Reid, seconded by Hart, the certification be filed. Carried, all the Council present voting aye. COMMUNICATION FROM SAP. DIEGO GAS & ELBOTRIC COMPANY was read, stating they are proposing to construct three phase sixty cycle 12 KV electri- cal power pole line which will extend from 24th Street South along the Westerly side of Coolidge Avenue to 27th Street to provide electrical service to the F. & G. Tool and Engineering Company, within the City of National City. It is requested, if the City concurs to the instal- lation on City property, that a resolution be pas€ed authorizing the Mayor and City Clerk to sign, notarize and return the original form of the enclosed right of way to San Diego Gas & Electric Company. CITY MANAGER BIRD recommended the City Attorney be authorized to prepare the resolution for signature by the Mayor and City Clerk. Moved by Hart, seconded by Reid, the recommendation of the City Manager that the City Attorney prepare a resolution for the San Diego Gas & Electric Company be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the County and the Cities within the County of San Diego have proposed a new Plumbing Ordinance, unifying the entire County of San Diego with some minor exceptions. This ordinance started on its course perhaps two and one-half or three years ago and has had diligent study with all of the plumbing contractors, contrac- tors, engineers, architects and builders in general. With that in mind our Building Department, under Mr. Biggs, took the matter to the Board of Appeals for a review and discussion of this particular ordinance so they may come up with a recommendation to the City Council for its preparation and adoption in the City of National City. REPORT FROM N. S. BIGGS, regarding the adoption of proposed San Diego County Plumb- ing Code, Ordinance No. 2116 (New Series) by reference, was read, stat- ing the National City Board of Appeals held a special meeting on Decem- ber 15th for the purpose of reviewing the proposed ordinance, adopting by reference the San Diego County Plumbing Code for the City of National City. The Board, after due deliberation and discussion pertaining to the proposed legislation, recommended the adoption of said San Diego County Plumbing Code by the City of National City as an acceptable mini- mum standard regulation, with certain changes and additions as enumerated in the report. CITY MANAGER BIRD recommended this ordinance in its 12/20/60 210 entirety be referred to the City Attorney as to legality, phraseology, etc with a report back to the City Council in a reasonable length of time. Moved by Hart, seconded by Morgan, the ordinance be referred to the Oity Attorney, as recommended by City Manager Bird. Carried, all the Counoil present voting aye. COMMUNICATION FROM J. E. CHENEWETH was read, requesting his resignation as a member of the Park and Recreation Advisory Board be accepted, Moved by Alien, seconded by Hart, the resignation be accepted with regrets, and that Mr. Cheneweth be so notified, Carried, all the Coun- cil present voting aye. CITY MANAGER BIRD presented the report of City Treasurer Kerr for the period ending November 30, 1960, and recommended it be received and Placed on file. Moved by Reid, seconded by Hart, the report be received and placed on file. Carried, all the Council present voting aye. COMMUNICATION FROM CHARLIE BhANSON addressed to the Building Depart- ment, was read, requesting a refundof $245.00 for sewer connection fees; said sewer not being installed. REPORT FROM BUILDING DEPT, was read, stating sewer permit was issued to Levelon Builders, Inc., act- ing as agents for Mr. Branson, for sewer connection at 1936 La Siesta Way. An investigation revealed the public sewer facilities are not available to this structure, and reoommended the refund be granted. Moved by Allen, seconded by Reid, the recommendation of the Building Inspeotor in regards to a refund to Mr. Branson be approved. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM WHITE SANDS CONSTRUCTION COMPANY was read, request- ing refund of $245.00 paid for sewer permit. COMMUNICATION FROM CHIEF BUILDING INSPECTOR BIGGS was read, recommending the refund of sewer connection fees in the amount of $245.00 be trade to White Sands Con- struction;Company. Moved by Allen, seconded by Reid, the recommenda- tion of the Building Inspector in regards to refund of sewer connec- tion to White Sands Construction Company be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM WALTER E. & ALICE U. SORENSEN was read, protesting a petition that has been filed requesting the closing of the public alley in the 200 block of "L" Avenue. CITY MANAGER BIRD recommended it be referred to the Planning Department, as they are processing the alley closing petition. Moved by Morgan, seconded by Allen, the oom- munication from Mr. and Mrs. Sorensen be referred to the Planning Department. Carried, all the Council present voting .eye. 12/20/60 211 COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, stating the City of Chula Vista intends to annex certain territory as delineated on the attached map. It was the recommendation of City Manager Bird it be referred to the Planning Department. Moved by Hart, seconded by Reid, the communication be referred to the Planning Department. Carried, all the Council present voting aye. CHRISTMiAS CARDS addressed to the Mayor and Council Members from the Oceanside City Council and from the City of Carlsbad were presented. RESOLUTION NO. 7852 was read, authorizing the transfer of $11,760.28 from the Special Street Fund to Traffic Safety Fund. Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. CITY MANAGER BIRD stated with reference to Ramm's Subdivision deannex- ation which was referred to him, he has discussed it with the City of San Diego and also with the California Water & Telephone Company. The officials of the Water Company informed him they are willing to pro- vide water to the area. There are details which w4 11 ha're to be worked out, and will be within a reasonable length of time. It will take a coordinated effort between the two Water Departments; however, there is at the present time certain steps if the Council wishes to go forward with this deannexation from San Diego and subsequent annex- ation to the City of National City. One is the petition, which is as follows: PETITION FROM PROPERTY OWNERS was read, making application to the City of National City for annexation to said City upon approval of deannexation from the City of San Diego. CITY MANAGER BIRD stated it is his understanding if the .City of National City wishes to proceed, action should be taken at this time. Maned by Allen, seconded by Reid, the petition for annexation to the City of National City of Ramm's Subdivision Annexation be accepted, and the matter referred to the Planning Commission, Boundary Commission, and the City Manager con- tinue the deannexation proceedings from the City of San Diego. Car- ried, all the Council present voting aye. PETITION from property owners within the area known as "Sweetwater Heights" was presented, protesting the proposed annexation. REPORT FROM CITY PLANNER STOCKMAN was read, stating the petition would fall below the required one-half of the value of the territory to be annexed. COMMUNICATION FROM WAR AGAINST LITTER COMMITTEE was read, stating they are enclosing a suggested plan of action which may help in organizing a War Against Litter Campaign locally; and will greatly appreciate the Council's assistance in this effort to rid our County of a condition 12/20/60 212 which is both costly to our taxpayers and offensive to all good citi- zens. MAYOR HOLLINGSWORTH stated she would entertain a motion it be laid aver for a week until Mr. Bird has time to study it and give us a recommendation. Mrs. Hollingsworth stated there is a matter of con- siderable expense and she would like to have the report of how much it would entail before the letter is answered. Moved by Hart, seconded by Reid, this letter regarding the War Against Litter be held over for one week. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated we have one particular area that is a litter problem in our own City and some signs were supposed to be posted on 16th Street between "B" and "C" Avenues but he has not seen any as yet. CITY MANAGER BIRD stated he is informed by the Police Dept. that matter was very adequately taken care of; however, we will recheck it. .REPORT FROM THE FINANCE COMMITTEE was read, stating discussion was held relative to the opening of "D" Avenue and Fifth Street between the cities of National City and Chula Vista. Also the request of the City of Chula Vista relative to an agreement between the two cities on sewer connections within Sweetwater Valley, particularly the Harbor Drive -In Theatre, was discussed. The Committee recommended all agree- ments on sewer installations be concurrent with the full opening (80 foot right-of-way) of "D" Avenue - Fifth Street between National City and Chula Vista with temporary improvements to be installed within the center of the 80 foot right-of-way. Moved by Allen, seconded by Reid, the recommendation of the Finance Committee be approved, and the City Manager be authorized to answer the request of the City of Chula Vista and send a transcript of this motion. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE was read, stating a discussion was held on the Civil Service requirement on accumulation of overtime; said overtime not being taken off within the required 30 day pay per- iod. Due to the extensive time spent in court and on other cases, considerable overtime has been accumulated within the Police Dept. and it would be impossible to take the entire time off. Consideration was therefore given to the payment of this overtime; also the City Manager to work on a rule to be added to the Civil Service Rules, if necessary, to read that overtime will not be paid to anyone over the rank of Lieutenant, and further that consideration be given to the possibility that those who create most of the overtime be given one increment pay and no overtime be accumulated. The Committee recommended this over- time be paid with the exception of the Chief of Police and the Assis- tant Chief of Police, keep it paid and have records every month so the Committee will know how it stands. COUNCILMAN ALLEN stated the 12/20/60 213 recommendation as written is a little incorrect; Mr. Bird read it to say: "no overtime will be paid to anyone over the rank of Lieutenant", it should be "Lieutenant ar above", that was the motion that was wade. Moved by Allen, seconded by hart, the recommendation of the Finance Committee in regard to the overtime situation in the Police Department be approved, and the correction of the Civil Service Rules be made accordingly. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. REPORT FROM THE FINANCE COMMITTEE was read, stating the City Manager was requested to cheek with the City Attorney as to the legality of paying members of the Police Dept. who are acting in the capacity of a witness on a court case. CITY MANAGER BIRD stated he met with the City Attorney and discussed the matter with him. ATTORNEY CURRAN stated it is clear the Penal Code itself provides that persons who are subpoened to appear as a witness in a criminal case can be paid a fee; therefore, there is no question that it is not illegal to pay fees to witnesses in criminal cases. Moved by Allen, seconded by Hart, that when it is impossible for compensating time to be taken off within the required 60 days, that at the end of that period of time, and parti- cularly that time spent in court, will be paid in cash. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollings- worth. Nays: None. CITY MANAGER BIRD recommended a proper resolution for transfer of funds be prepared for the next meeting in the amount of $1,100.00 from the Unappropriated Reserve to the Police Department Salaries Fund, desig- nated as Overtime Fund. Moved by Allen, seconded by Reid, the recom- mendation of the City Manager in regard to transfer of funds to the Police Department's budget for overtime be approved, and a resolution be prepared for same. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. REPORT FROM THE FINANCE COMMITTEE stated a discussion was held on the demolition of the Housing as authorized by the City Council. It was the interpretation of the Finance Committee the Council action had been that the Housing Director was authorized to rent for an indefinite period, if he has the renters, those vacancies in that portion of the Housing which is not located in the first phase of demolition. Dis- cussion was also held on the moving of some of the better duplexes which were included in the first phase of the demolition of the Housing Project to various sections of the City for storage buildings, namely within the three parks. Further that permission be given to utilize one of these duplexes within each park for an employee to reside in due 12/20/60 214 to the considerable amount of vandalism being carried on within the parks. It was the recommendation of the Finance Committee to approve the City Manager's recommendation, that he come up with information just what it would cost and report to the Committee about moving these houses and have City employees police the parks. Moved by Allen, sec- onded by Reid, the recommendation of the Finance Committee in regard to having the City Manager make a report on the possible relocation of these buildings and the cost of same, and the cost of maintaining the personnel that will be required for the protection of having these buildings in the park, protecting park property, be approved. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COI4MMITTEE was read, stating a discussion was held on the Casa de Balud and its present condition. Reports indicate the Casa is needed for the health center and for the recreation of the people in that location. Two plans have been presented for possible structures and redevelopment of the site. Consideration was given as to the moving of two duplexes from the Housing into this area as a temporary move until the area becomes industrial and no longer is in need of recreational facilities. The Finance Committee recommended the City Manager check to see what can be done on a temporary basis. Moved by Allen, seconded by Hart, that only a study be made, and not too long a study, but something be done in regard to the feasibility of moving two or these buildings over in the area now owned by the City for temporary release, provided we have definitely decided to tear down this building and build a new one, or bring this one up to date, and we get a report back on that; also suggest the City Manager and the Supt. of Parks and Recreation get together with the Casa Men's Club, which can do more to simplify the situation that is existing in regard to the Casa, and see what their ideas are and what they need. CITY MANAGER BIRD stated we have a number of reports which have been pre- pared by the Supt. of Parks, by the Recreation Advisory Board, and by the Building Dept. and all were discussed. Now we come to one phase which has not been reported upon, and that is the exploration of these temporary buildings to be placed in the area, and he thought there should be a declaration of the Council on the matter of policy, are we going to retain this building and spend an excessive amount of money, or remove it and replace it with a concrete type building which can later be adapted, if and when, for a mercantile business or manufactur- ing plant. If we are going to take the building down we should so say, and then authorize the hiring of an architect to draw plans so they will be ready and we will be able to let the contract prior to taking down the present existing building. COUNCILMAN ALLEN, with approval 12/20/60 215 of VICE MAYOR HART, withdrew their motion. Moved by Alien, seconded by Hart, we get a feasibility report of moving two of the duplexes in on the property on Wilson Avenue between 22nd and 23rd Streets on a temporary basis, as to what the cost will be. Carried, all the Coup - oil present voting aye. Moved by Hart, seconded by Alien, we hold p f regarding the present Casa until we get more information as to the cost of a new building or whether we should go ahead with it, and dis- cuss it at our next Finance Committee meeting. Carried, all the Cowl - oil present voting aye. REPORT FROM THE FINANCE COMMITTEE stated discussion was held on a site for the construction of a new City Hall. The Committee recommended they select the site north of the present City Hall, do not connect same to the present building, but tear down that portion which is of no value, leaving the portion built in 1937 for a possible Police Depart- ment. Moved by Hart, seconded by Reid, the recommendation of the Finance Committee be approved. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Allen. CITY MANAGER BIRD stated the action of the Council just taken definitely determines the site; the next step in this progressive program would be for the authorization to have a Committee hire an architect, and in the hiring of that architect there should then be determined by whoever is selected the feasibility of combining the activity into one building, or the separation of the activity into two buildings located upon public property, Mr. Bird said he believed the recommendation of the archi- tect might clarify the thinking of the Council and direct their steps into the ultimate goal which they seek. We are at the point now where we need expert outside help. If you hire the proper architects they will give you the answers and they will take into consideration trans- portation, the upgrading or depreciation of abutting property within certain radius of where it is going to be located, and all other perti- nent things which goes into the building of a municipal building which you hope will suffice our community for the next fifty years. CITY MANAGER BIRD recommended a committee of three of the City Council be created for the purpose in mind of hiring an architect to prepare plans and recommendations for a new City Hall on the site as indicated by previous Council action. Moved by Hart, seconded by Allen, our Mayor appoint the three Council members to hire the architect, also the City Manager be included. Carried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE was read, stating discussion was held on a Public Works Building, feeling the area is building up so rapidly and the present building is not adequately located, it was the feeling of the Committee and their recommendation this matter be referred to 12/20/60 216 the Planning Commission for their consideration. CITY MANAGER BIRD stated the location discussed is at 14th and "D". Moved by Morgan, seconded by Reid, this matter of a Public Works Building be referred to the Planning Commission. Carried, all the Council present voting aye. CITY MANAGER BIRD reported Mr. Gautereaux and himself have been working with the help of the Building Inspector on moving costs, also the pos- sibility of what will have to be done on these temporary buildings to make them adaptable for the purpose which they will be intended for a temporary recreational building. REPORT FROM THE PLANNING COMMISSION was read, stating request for a Zone Change from an R-4, Multiple Residence Zone, to a C-3-C, General Commercial Zone, zero foot minimum front yard setback, was received from Dayton D. Laing for the property located at the Southeast corner of 24th Street and "F" Avenue, also known as 608 E. 24th Street. The Commission recommended the zone change be granted, also a deed for 10 feet be accepted from Mr. and Mrs. Laing for their portion of the alley with future closing of the easterly half to a 20 foot alley when requested by the property owner. It was recommended this deed be accepted and referred to the City Attorney for the preparation of the necessary resolution. Moved by Allen, seconded by Morgan, the ten foot deed be accepted for the opening of the alley in place of "G" Avenue, and the public hearing be set for the proposed zone change at the Southeast corner of "F" Avenue and 24th Street for January 10, 1961, and the attorney be authorized to prepare a resolution for same. Car- ried, all the Council present voting aye. t ;SOLUTION NO. 7853 was read, authorizing the granting of an easement for right of way for anchorage to the San Diego Gas and Electric Com- pany on and over certain real property, and the Mayor and Clerk are authorized to execute the original of said easement for and on behalf of City of National City. Moved by Allen, seconded by Reid, the Reso- lution be adopted. Carried, all the Council present voting aye. 1 SOLUTION NO. 7854 was read, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF S2BCIAL BOND ELECTION HELD IN SAID CITY ON NOV- EMBER 8, 1960. "The City Council of the City of National City, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: "Section 1. That a special bond election was duly called and regularly held in said city on the 8th day of November, 1960, at which election there was submitted to the qualified voters of said city the following 12/20/60 217 proposition, to wit: CITY OF NATIONAL CITY - WATER REVENUE BOND PROPO- SITION: Shall the City of National City issue water revenue bonds in the principal sum of $6,000,000 for the acquisition, construction and financing of a waterworks system, including works and facilities for the production, storage, treatment, transmission and distribution of water and the acquisition of lands, wells, easements, rights of way and other property necessary therefor, and including all engineering, inspection and legal fees, costs of the issuance of said revenue bonds, bond reserve funds, working capital and other costs and expenses inci- dental to or connected with such acquisition, construction and financ- ing? "Section 2. That the returns of said election have been duly and regu- larly canvassed as provided by law and all absentee ballots have been canvassed as provided by law and that the result of such canvass has been certified to this Council as follows: "National City Water Revenue Bond Proposition N, YES, 3,727 votes NO, 6,499 votes "Section 3. That the votes of less than a majority of all the voters voting at said election were cast in favor of the adoption of said bond proposition, and said bond proposition is hereby declared to have failed to carry at said election. "Section 4. That the City Clerk of this City is hereby directed to enter this resolution in full in the minutes of this City Council." Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN stated we now, with the filing of the protests in addi- tion to the original protests and the consideration thereof by the Council earlier in the meeting, are in a position to have the first reading of an Ordinance of the City of National City calling for a special election to be held on the 14th day of February, 1961, per- taining to the annexation of "Sweetwater Heights" to the City of National City. The Ordinance was read in full. ATTORNEY CURRAN stated the proposed ordinance should be amended to read: $15.00 for Inspec- tors, $12.00 each for Judges, and $10.00 for the polling place. CITY MANAGER BIRD stated it will be necessary to have a Finance Com- mittee meeting; also we are to have a meeting of the Harbor Committee with Atty. Pain representing the Morrison interests, and our City Attorney is to be present. Mr. Bird asked the Chairman of the Harbor Committee, Mr. Allen, when he calls the next meeting if we could not 12/20/60 218 invite the J. A. Smith interests and the Stevens interests and also the Western Lumber interests so all of them may be aware of the discussion which may be had in relation to the problem posed as to sub leases, to which COUNCILMAN ALLEN, Chairman of the Harbor Committee agreed. CITY MANAGER BIRD thought if we could get an indication as to the time suit- able for Mr. Curran we could then set up this meeting and invite all of them and explain the entire matter and see what comes from it. ATTORNEY CURRAN stated Mr. Pain has called him several times and he has in mind a different proposal now than the one which was originally submitted, and it might be well to have his new proposal in writing before we set any meeting. ATTORNEY CURRAN also stated he thought it should be ready in advance so the matter can be considered before the meeting and that would make for a more expeditiously held meeting. Moved by Allen, seconded by Hart, the City Manager be authorized to write Mr. Pain a letter telling him to submit the new proposal so our Attorney can have advanced information on it at the time of the meeting and then as soon after that as Mr. Curran can be available we will call them all to a meeting. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we should have a definite ordinance which will control the discharging of waste water onto City streets. The Street Dept. has been hampered in their operation considerably, and we have had needless wear and tear on streets. Mr. Bird said he is pro- posing for the Council's consideration an ordinance which will take care of this situation, and read a proposed ordinance. Moved by Hart, seconded by Morgan, the meeting be closed. MAYOR HOLLINGSWORTH stated with reference to the raising of automobile tax for use of the money on city streets; in reading the newspaper, it stated that some official of the State of California was very much opposed to raising this fifty percent car tax to go to the City for streets, and he inferred the cities had not used their in lieu tax in the past few years for streets, and Mrs. Hollingsworth asked the City Manager if there was anything that designated it be used for streets. CITY MANAGER BIRD stated the in lieu tax was created for the purpose of uniformity for taxing of personal property which automobiles were, and it was a tax in lieu of personal property tax, which is a General Fund receipt and did not have the streets connected to it. What has come about now is this personal property is transferred and connected by the State of California on an equitable basis all over the State, because it is on an automobile they are now attempting to state we should be using it for in lieu on streets, when as a matter of fact, there is not a city in San Diego County which is using it in lieu for streets. We used to assess automobiles and depend upon the assessor 12/20/60 219 to assess whatever he thought was correct, and it was a personal prop- erty tax; the State entered into the situation and they now collect it and return that in lieu tax to the cities. COUNCILMAN ALLEN stated he received a Christmas card, which was photo- graphic and from someone who he does not know. It had a picture of a beautiful cat in front of the Christmas tree. Mr. Alien said he thought the penalty for cat licenses should be extended to March 1st instead of December 31st. Carried, all the Council present voting aye. Meeting closed at 4:05 p.m. ATTEST: TY CLERK MAYOR, CI OF NA • NAL CALIFORNIA 12/20/60