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HomeMy WebLinkAbout1960 04-19 CC MIN384 National City, California, April 19, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 o'clock p.m. Council members present: Allen, Fessman, Hart, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS presents Alston, Bird, Curran, Gautereaux, Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Crowell Eddy. Moved by Hart, seconded by Allen, the minutes of the regular meeting of April 12, 1960, be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON presented her affidavit certifying the signatures on the application for absentee ballots. Moved by Allen, seconded by Hart, the names of the voters who applied for an absentee ballot not be read. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she had four applications for absentee ballots. On the Great Register they signed an "X" and on their applications for an absentee ballot they wrote their name. Mrs. Alston stated she had their applications and their affidavit, and it mill be necessary for the Council to decide what they wish in regard to the four appli- cations for absentee ballots. These four names are not listed on the above mentioned affidavit. Moved by Allen, seconded by Fessman, they be read in. COUNCILMAN FESSMAN questioned the validity. ATTORNEY CURRAN stated as he understands the problem the four ballots in ques- tion have signatures of the voters; the registration affidavit of these voters does not have signatures but has their "X"; there is a provision when people are unable to write their name, the registrar or deputy registrar can write the name for the person and the person simply puts an "X", so there is no question as to the validity of the of the registration, these people are legally registered voters. What the ciroumstances are that oecured so these parties at the time of filling in their absentee ballot were able to write their name is not known; however it is perfectly conceivable that people who are in a sanitarium are feeling very w ell one day and very poorly the next, so it does not appear those persons th ould be penalized because of the way the affidavit of registration was executed. It was the recommendation of the City Attor21ey the ballots be counted. Carried, all the Council present voting aye. COMMUNICATION FROM BETTER CITIZENS COMMITTEE was read, stating B. J. Gautereaux on April 12th was challenged on his vote with reference to the residential requirements by election officials in Precinot 4-19-60 385 17-B; and requested the matter be investigated. CITY CLERK A LSTON stated she did not believe this had anything to do with the canvass of the ballots and should be brought up later. Moved by Fessman, the letter be filed. CITY ATTORNEY CURRAN recommended the letter be taken up after the canvass of the ballots. COUNCILMAN FESSMAN withdrew his motion. The canvass of the official ballots of the General Municipal Election held April 12, 1960, was held at this time. RESOLUTION NO. 7723 was read, "DECLARING THE RESULT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF NATIONAL CITY, CALIFORNIA, ON THE 12TH DAY OP APRIL, 1960." WHEREAS, a General Municipal Election was held and conducted in the City of National City, California, on the 12th day of April, 1960, as required by law; and WHEREAS, it appears that Notice of said Election was duly and regu- larly given; that voting precincts were properly established; that election officers were appointed and election supplies furnished; and that in all respects said Election was regularly and duly held and conducted according to law and the votes cast thereat received and canvassed, and the returns thereof made and declared in time, form and manner as required by the laws governing elections in general law cities; and WHEREAS, the Council of said City of National City met at the Council Chambers in the City Hall of said City of National City, on Tuesday, April 19, 1960, to canvass the returns of said Election, and install the newly elected officers, as a result of which the Council finds that the number of votes cast, the names of the persons voted for, the measures voted upon, and other matters required by ]a w, to be hereinafter stated: NOW, THEREFORE, BE IT RESOLVED by the City Council of CITY NATIONAL CITY, California, as follows: That said regular Municipal Election of the City of National City was held and conducted in the City of National City, State of California, on Tuesday, the 12th day of April, 1960, in the time, form and manner as required by law. That there were fifty-one (51) voting precincts established for the purpose of holding said election., consisting of the regular election precincts established in said City by the Board of Supervisors of the County of San Diego for the holding of elections. That the whole number of votes cast in s aid City at said General Municipal Election was 4081 votes. 4-194.60 the names of of votes given in each precinct to number of votes received with the whole are as follows: entire City Election r4 RS OF THE CITY COUNCIL NMOH1 ITSWIVA 'MOSS NVIR ON I MXI )IOVP r1 usisnz 'H '0 HHw 'TSS • 3 Iiaaa a oianu •0 maw' r-I ri r-I ri K1K1NNr-I d re‘ NN1,DOC-etr (et v0coCTC-lONN r-1 H r-I K1 r-1 M K\ r-I H ri r-i r-i 'ONr-I N1110O ct H N r-1 Kl Let L4 t ri CN O CO CO Ill Ill CO IS)E+ 00 K1 tO C- K\'.O 0 .Cy HNetHNSI-K\N r-1 rf' Hrir--1r-IK1NHNK\HNririPi t`ctd C-COC'-KlIr1K1NNNC-MOinMttllOd1M01u1 rir-I rl NHK1Nr1NHriNNHHHNr-INrir-I NSTOHOIAI nIx C•urntr NCO ri r1 N co r-tr N K1lO r-i et CO d Kl 01 M N et d K1 Kl K1 lO et et CO et tt1 lD t0 3SSV0L4I ' H 0ioi as t ri Irl M e!- N K1 K\ d- Kl cv N Kl tt et HI RAMT2H0 (3IWKI P) 'assay-2 'l'w rn K1 c- ri K1 r 4r O o K\ ° o ri o HNHHr-I NNNHNK1NN111CM lO d- K1 lO K1 ri Cf\ lO f aN r-1 r-I in et et r-I N CV to ivH • z EQnv'Io rnaNf4 N a1 d' N m o Ill vt'.d K1 r CO 01 Kl \O C- H to K\ K1 Kl Kl et d Kl HMSWnt3 SoNioaad r-I lO tr\ N •c K\ K1 N d Ir1 N K \Met tr r1COt-ctlOriC7'NN K1 r-I N st ri N ODNC-COH \t(\ ODO etd-dNNetNNN NCTIll C-K\r1riNKl H N111l0MMNr-I H r4NNrINNNr-IN K1 t0 I!1 N CO CO 'd' O r-I N \ (\ r 4 C,J ( e4 tel Kl tDC31Nd'H r-I r-1 trl ei' r-I K1d' r-I Nr- tOC-CT N r-1 O\NOCr+IO Nrir-I NH N K\ 1 Ic\ co N H rim etK\COOIU Nr-I rtNrl r-I N M et Lc l) C- GO Ci\ p1 C r% O r-I H N Kl Kl e} ill tiff lfl C- C'^ CO CT O H N K1 d' is\ Lo L.-- co CJ\ O r-♦ rir-Ir-lrirtrir-Iririrlrir- HHNNNNNNNNNN K1tt1 Pr0NNN WN i oIII DOo-.lolLTi4 J I\)N WP> oWt PRECINCT NUMBER EVE BISBERG N oI a, N WILMA. DRENNAN ►yyo-I fC GERTRUDE JONES E. J. CHRISTMAN Gazes itna) 3Iaario a ct- 1. P4.-PwwwwwwWwww PRECINCT NUMBER b (D rY t-' 1-1 o O �0 W 03 -J Owl -P �+ W N �+ @ Go bd td 'r> W td ' 1 o' J v -3 QD N N k) N trl ��0 Oo Vt v v CLAUDE L. HART o�'J°'('1O1"4'Q"O"""o"'�' m JVImoNWNNviOoVWwH NYWu,..oviN JAMES E. (JIMMIE) CHENEWETH 1-' N �0 0 [j �p W w W J p N W, f) IRENE M. ALSTON N to w t -P. t 1• -1-P.at 1 a o OWN EDMOND E. LaCASSE m W t0 W 03 .o m V1 o t0 N H o pui KILE MORGliN o'F I 1-+1\31.-'N1-1 1•-'NNNW rn ao w 1vl w oo W p rn m RUBEN G. RUBIO N 1-. N N N W7 W N 1-' rn r� m ts) N v, vt N 1--$ w k0 .p CO EVERETT E. STATIPER CHARLES L. SIEVES T. W. BAKER EVE BISRrRG MARTHA CLARK AGNES E. CR/.COLICI ALFRED J. CRACOLICI DINAH A. CRACOLICI C. H. LUSTER JACK LYNN NORMAN STOWE WALTER BROWN Iv H PRECINCT NUMBER N m IDA MAE HOLGATE KERR ADLENA BERRY EVE BISBERG MARTHA CLARK SIDNEY J. COLVIN BETTE DE HAVEN ZELNA KELLER JAMES SOTHROS GEORGE STEWART rn 0 JUANI TA. LYNN FOR CITY TREASURER (Full Tern) H 'r P'A'P'{=-WWWWWWWWWWWWNNNNNNNIN) NNH1-,HI-1f-'{..HHHH O O' F-1 I--r O 01,0 co aQ -4 a\ VI -P W N I--' O t.0 CO -J ati 1/4-71 -P W N I-' O 10 CO -J -.1 C\ CA V1 -P L*7 Na) bi td 0> t-d li td 0> td td tirw c+ co m PRECINCT NUMBER w N N Vcr W W,0 + � W 0N W -p .p. tNO 9 \,3 0 -3 N) q) l �l I -I ON I � 0� i -3 —.1 co 00 00 N -1 IRERrE M. „us TON �J �OOWf-j ON IV t71 V7-wl-.3V11311--'0 N H EVE BISBERG WILMA DRENNAN GERTRUDE JONES E. J. CHR.ISTMAN H#''Pu'P4=.2'WWWWWWWWWWWWNNNNNNNNN(t)H HHNNHhHF-a IHHNH1-' O C)' F.' N 0 O up OD Co J o- ui -F, -P W N i-' 0 OD --a 0\'j -is W N H 0 Is)07 J -4 01 w0�1 Vt -P. W W N I-4 Y1�� 0 vU �1..O.i lO OD -J ON Vl -Is.W FRD O I NC T NUMBER It - a) a) N ff\) p V~it .p. -P H k.0 VI 0 I-".i A N H,I CO --a co o A W OD 0o a' -J.} -tz. o) H 0 co N W .4) co t') oias ON crsut 0-% ' o1-3 kc, co IDA MAE HOLGATE KERR N N N t-' ADLENA BERRY EVE BISBERG MARTHA CLJ.RK SIDNEY J. COLVIN BETTE DE HEAVEN ZELNN KELLER JAMES SOTHROS GEORGE STEW) R.T H JUANITA LYNN 390 POR THE MEASURE, "Shall each City Councilman of National City receive as compensation for his services the sum of $15.00 for each City Coun- cil meeting called and held, provided however, that such compensation shall not exceed the sum of $60.00 per month?" PRECINCT NO. YES NO 1 16 10 2 36 24 3 81 34 4 38 29 5 29 28 6 64 41 7 52 24 8 42 33 9-A 35 23 9-B 44 23 9-C 41 36 10 45 23 11-A 50 28 11-B 52 30 12 74 40 13-A 49 25 13-B 42 38 14 93 36 15 53 46 16-A 60 30 16-B 66 23 17-A 64 24 17-B 34 22 18 33 37 �9 48 24 20 39 28 21 40 26 22 39 23 23 51 28 24 44 29 25 31 20 26 39 17 27 51 33 28 21 10 �9 13 12 30 34 32 31 20 17 32 64 24 33 58 27 34-A 64 43 34-B 58 35 35 55 26 36 73 25 37 49 24 38-A 28 20 38-B 31 35 39 54 38 40-A 31 29 40-B 48 18 41-A 10 2 41-B 6 3 Absentee _ 63 1 0 Total 2354 1365 4-19-60 37 FOR THE MEASURE, "Shall the electors elect a Mayor and four Oity Councilmen?" PRECINCT NO. YES NO 1 18 8 3 849 15 4 54 16 5 40 21 6 80 38 7 57 21 8 52 27 9-A 49 12 9-B 54 11 9-C 56 25 10 58 15 11-A 68 10 11-B 72 15 12 95 18 13-A 55 23 13-B 18 14 105 29 15 74 25 16-A 79 16 16-B 69 19 17-A 60 33 17-B 41 17 18 62 19 58 17 14 20 58 21 b37 147 22 57 23 64 20 0 24 54 �5 46 20 26 45 6 27 71 16 28 22 14 �9 23 115 30 53 15 31 8 32 68 23 33 588 29 34-A 28 34-B 73 26 35 65 21 36 79 25 37 55 20 38-A 45 38-B 60 14 39 74 20 40-1 49 16 40-B 45 27 41-A 13 41-B 9 3 Absentee 57 16 Total 2968 919 That the number of votes cast by absentee voters at said election have been canvassed and counted and are included in the return as hereinabove stated. 4-19-60 392 BE IT FURTHER RESOLVED that CLAUDE L. HART and KILE MORGAN have received the highest number of votes cast at said General Election in the City of National City for the Office of City Councilman of said City, each for the full term of four (4) years; and BE IT FURTHER RESOLVED that IRENE M. A.LSTON received the highest num- ber of votes cast at said General Election in the City of National City for the Office of City Clerk of said City, for the full term of four (4) years; and BE IT FURTHER RESOLVED that IDA MAE HOLGATE I RR received the highest number of votes cast at said General Election in the City of National City for the Office of City Treasurer of said City, for the full term of four (4) years; and BE IT FURTHER RESOLVED that the measure: "Shall each City Councilman of National City receive as compensation for his services the sum of $15.00 for each City Council meeting called and held, provided however, that such compensation shall not exceed the sum of $60.00 per month?" received the assent of a majority of the qualified electors voting at said election, and that therefore said measure or proposition was approved; and BE IT FURTHER RESOLVED that the measure: "Shall the electors elect a Mayor and four City Councilmen?" received the assent of a majority of the qualified electors voting at said election, and that therefore said measure or proposition was approved; and BE IT FURTHER RESOLVED that the City Clerk of the CITY OF NATIONAL CITY is hereby directed to enter this RESOLUTION upon the Minutes of the City Council of said City. Moved by Fessman, seconded by Allen, the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON stated according to law the City Treasurer and City Clerk must furnish a bond before they can be sworn into their office, and Mrs. Alston presented the bonds to Mayor Hollingsworth. Moved by Fessman, seconded by Allen, the amount fixed for the bond of the City Treasurer be $30,000.00. Carried, all the Council present voting aye. RALPH W. CANDEE, CHIEF DEPUTY COUNTY CLERK, administered the Oath of Office to the newly elected City officials, and extended his congrat- ulations; and the regrets of County Clerk James who was unable to be presenLt. MAY 7R HOLLINGSWORTH presented Mr. Fessman with a certificate for his slx years of service to the City while serving on the City Council. 'NR. r'ESSMAN expressed his appreciation and stated it had been a pleas- ure working with the Council members and the Employees Association. 4-19-60 393 A petition signed by 74 persons requesting that Thelma Hollingsworth remain as Mayor to complete her year was read. COUNCILMAN ALIEN stated it had been the policy to nominate the person for Mayor who had received the highest number of votes. Moved by Allen, Councilman Mor- gan be appointed Mayor. CITY CLERK ALSTON asked if the Council wished to take care of the petition first. COUNCILMAN ALIEN said the peti- tion would take care of itself. COUNCILMAN MORGAN stated he appreci- ated the honor but he would have to decline from accepting. Motion died for lack of a second. Moved by Reid, seconded by Hart, the petition be filed. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH stated it would be necessary to have a reorganiza- tion of the Council, and called for nominations for Mayor. Moved by Reid, seconded by Hart, Mayor Hollingsworth, our present Mayor, be elected Mayor to fill out her year. Carried, by the following vote to wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. MAYOR HOLLINGSWORTH thanked the Council. Moved by Reid, seconded by Morgan, Claude L. Hart be nominated for Vice Mayor. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan, Reid, Hollingsworth. Nays: None. RESOLUTION NO. 7724 was read, "RESOLUTION DIRECTING NOTICE OF FILING OF REASSESSMENT AND TIME OF HEARING THEREON (Harding Avenue from 13th Street to 20th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7725 was read, accepting a Covenant Running With Land and Easement from R. F. and Opal L. Thompson; Easement from Mary M. Mason. Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wit: ayes: Allen, Hart, Reid, Hollingsworth. Nays: None. Councilman Morgan abstained from voting. ORDINANCE NO. , "AN ORDINANCE CHANGING THE GRADE ON 8TH STREET FROM "L" AVENUE TO SANITARIUM AVENUE," was presented for the first reading, and read in full. ORDINANCE N0. , "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF PARADISE AVENUE," was presented for the first reading, and read in full. ATTORNEY eURRAN stated he has examined the bond of Ida Mae Holgate Kerr issued by Fireman's Fund Insurance Company, being Bond No. 0-7000128, and recommended it be approved and filed. Moved by Allen, seconded by Reid, the bond of the City Treasurer be approved and filed. Carried, all the Council present voting aye. 4-19-60 394 ATTORNEY CURRAN stated he has examined the bond of Irene M. Alston issued by Fireman's Fund Insurance Company, being Bond No. 0-7000129, and recommended it be approved and filed. Moved by Allen, seconded by Reid, the bond of the City Clerk be approved and filed. Carried, all the Council present voting aye. ATTORNEY CURRAN reported the Public Utilities Commission has issued its opinion in Case No. 6148; that is the matter which the Commission on its own motion made an investigation concerning the proper treat- ment for rate making purposes to be accorded accelerated depreoiation. There were 45 days of hearing in this matter; this is the matter in which the City Attorney recommended the City appear at the first ses- sion and be a formal part of the proceedings, which was done. Subse- quently the City Attorney joined in with the Attorney General of the State and other city attorneys in filing a brief setting forth the position of the city with reference to the matter. This opinion is different than most of the Public Utilities Commission's opinions in- asmuch as it was not unanimous. There are two separate opinions; three of the Commissioners agreed and that donstituted a majority. The City can feel quite satisfied with the results of the efforts they have put in on this matter. The City Attorney in several proceedings before the Public Utilities Commission has urged the Commission to be more realistic and to look more closely to the facts as they existed, and this opinion has adopted a great part of many of the things that have been urged by National City in previous matters before the Com- mission. The point at issue waa whether or not the Public Utilities Commission of this State should be able, for rate making purposes, to cause the present rate payers of any public utility to bear charges the same as though taxes had been paid by the public utility whereas in fact they have not been paid. The opinion of the Public Utilities Commission is a complete vindication of the position of the City in the matter and the Commission states in its opinion that it cannot close its eyes to the future and what they believe the future will produce, and the Commission must be concerned with what reasonably will happen and not that which theoretically might happen. The problem here concerns the practical, realistic situation which derives from experience. Inasmuch as National City has participated extensively in several matters before the Commission in the past several years, Attorney Curran stated it is his belief the rate payers of this City in all matters, except with reference to the telephone company, who declared from the beginning it did not propose to adopt this acce.lerated depreciation, and with that exception, the rate payers .have benefited considerably by this opinion. 4-19-60 395 ATTORNEY CURRAN stated in regard to the question submitted to him as to the interpretation to be given on Ordinance No. 827 as to whether or not it was necessary to not only paint a curb red but also in addition stencil on the curb the sign "no parking"; he has examined the Ordinance and in reading it as a whole it seems clear the red curb painting is sufficient to satisfy the Ordinance and it is not necessary to stencil "no parking" or any other language on the curb; the painting itself is sufficient notice to the public it is a "no parking" area. ATTORNEY CURRAN stated the Notice Under General Order 88 of The Atchison, Topeka and Santa Fe Railway Company, of proposed alteration of existing grade crossing before the Public Utilities Commission and the Application of that same company before the Public Utilities Com- mission for authority to construct, maintain and operate a spur track across Tidelands Avenue and removal and abandonment of a crossing of Tidelands Avenue, has been examined and recommends the Notice and Application be filed by the City Clerk. Moved by Hart, seconded by Reid, the Notice and Application be filed by the City Clerk, as recommended by the City Attorney. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Mueller Truck Company has satisfied the requirements imposed by the City Council to the satisfaction of the City Attorney, having presented copies of the articles of incorpora- tion of the successor corporation to the Mueller Truck Company; which is National Freight Terminals and by affidavit has established that Mr. Mueller is the person who is in control of the new corporation as well as the old corporation. The City Attorney accordingly has pre- pared a lease and has also prepared an agreement for cancellation of the existing lease so the present portion under lease can be merged with the additional portion which is to be leased to the new corpora- tion. These documents have both been executed by the other party, in one case the Mueller Truck Company and in the other case National Freight Terminals, and can be presented to the City Council by reso- lution for adoption. Moved by Allen, seconded by Reid, the City Attorney prepare the resolution for adoption of the Mueller lease or National Freight Terminals lease. Carried, all the Council present votialg aye. ATTORNEY CURRAN stated yesterday afternoon, in order to save the mem- bers of the Council from being visited and served papers by the Sher- iff, accepted service for members of the Council and ha.s copies 64 the papers which have been prepared by the attorneys for the Cali fornia Water and Telephone Company ttgAi t tli ,its., ation on the 4'- 9-60 cost of relocating the company's facilities on 8th Street between Sanitarian and "L" Avenues. The City Attorney secured an order to show cause why the Company should not be restrained from interfering with the going forward of removing the facilities, and that order to show cause will come up for hearing this Thursday. The papers served by the attorneys for the company are summons on cross complaint, a notice of motion for preliminary injunction, and a memorandum of points and authority. The notice of motion for preliminary injunction is set to be heard at the same time as the order to show cause which is this Thursday. In view of the notice of this motion, it was the recommendation of the City Attorney the bids which were received by the City Clerk yesterday for the improvement on 8th Street not be acted upon until the court has heard this matter. MlsRTHA CLIARK, 2133 National Avenue, was present, and stated as co- chairman of the Better Citizens Committee they would like to know why a citizen was allowed to vote in a precinct when he has not been a resident for 54 days. ATTORNEY CURRAN stated apparently this is with reference to the letter presented earlier in the meeting. This is not a question the Council has any jurisdiction to do anything about or issue any opinion on, it is the election code itself which pro- vides for the challenging of persons when they appear at the polls; therefore the law has to be followed at that time and it is up to the election officials to determine that matter. MRS. CLARK stated it was challenged and they called City Hall and Mrs. Bulmer gave them permission to give him a ballot to vote, and they would like to know the reason. ATTORNEY CURRAN stated the election officials in the City are appointed by the City Council, and once those persons are selected as the election officials they have certain duties to per- form, and one of the duties was to act on the challenge, and the Council certainly has no jurisdiction in regard to any complaints on this matter. Persons who have an interest in the election are per- mitted to have watchers at the polls and if they challenge sometimes the challenges are sustained and sometimes they are not sustained. In the event there has been a contest of the election then there is procedure set up for court proceedings to go into those matters, but failing any election contest the question of one vote in this elec- tion would not make any difference at all. Moved by Reid, seconded by Morgan, the letter be filed. Carried, by the following vote to -wit: Ayes: Hart, Morgan, Reid, Hollingsworth. Nays: Alien. LOUIS D. LIPPINCOTT was present and stated he operates a trampoline center at 72O E. 10th Street, and requested he be heard before the City Council adopts any kind of an ordinance regulating the operation 4-19-60 397 of a trampoline center. Moved by Hart, seconded by Morgan, Col. Lippincott be heard at a later date to hear his side of a proposed ordinance. Carried, all the Council present voting aye. WENDELL THOMAS was present and stated he also has a trampoline center and would like to have his name added to that of Col. Lippincott to be heard in regard to an ordinance. COUNCILMAN HART stated he would like to know why the two new members of the Council got a raise in pay and the other three Council members did not. ATTORNEY CURR1.N stated the reason is the provisions of the Constitution of the State of California prohibits the salary of an elective officer being increased during his term of office. There- fore, in order to be eligible to receive the increased compensation you must be elected or appointed subsequent tc the time of the taking effect of the ordinance. COUNCILMAN ALLEN stated he would like to know how and when we acquired the housing the City owns without a vote of the people, as required by Article 34 of the Public Housing Law of 1950, and would like the City Manager to make a report in this regard. COUNCILMAN ALEN stated several weeks ago we had several resignations and after checking into it found these people were appointed and they do business with the City, and that is the reason they resigned, because the State laws state they cannot do business with the City and serve on a committee; and asked the City Manager to check if there are others on corimittees in the City that are in violation of the State law, and make a report at the next meeting. Moved by Allen, seconded by Hart, a letter to the commanding officer of U.S.S. Colonial, LSD 18 be sent thanking him for the trip and its crew for the excellent performance provided in a day's entertainment to let us know what the Navy is doing for the people ashore. Car- ried, all the Council present voting aye. COUNCILMAN ALLEN stated the people have decided in the next election they would elect a mayor, and we know the provisions of the Fisher law at the present time does not establish how a mayor could be replaced in case he was elected and should pass away, or resign. Moved by Allen, seconded by Hart, this body request our State Repre- sentative to check into this bill and see what can be done, or what can be included in the bill in the next two years in order to make provisions for the replacement of a man who has been elected as mayor who either dies or resigns from the position. Carried, all the Coun- cil present voting aye. Moved by Allen, seconded by Hart, the City Clerk write the letter. Carried, all the Council present voting aye. 4-19-60 398 BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund Traffic Safety Fund Park Fund Retirement Fund Harbor Fund Trust & Agency Fund Special Street Fund Drainage Fund Park Construction Fund Payroll Fund $ 21,079.89 3,836.89 4,576.79 4,182.87 10.48 225.00 1,779.50 53,329.20 445.30 45,885.82 TOTAL $135,351.74 Moved by Hart, seconded by Allen, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Alien, Hart, Morgan, Reid, Hollingsworth. Nays: None. RESOLUTION NO. 7726 was read, authorizing the expenditure of the fol- lowing sums from the Capital Outlay Fund: IEVELON BUILDERS, $170.00, refund on sewer permit; SELPHS BUILDING CONSTRUCTION, $3,149.50, final payment for Comfort Stations. Moved by Allen, seconded by Hart the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON reported the following bids were opened April llth for the Improvement of 8th Street from "L" Avenue to Sanitarium Avenue: GRIFFITH COMPANY, $194,973.86; A. A. BAXTER CORP., $196,910.04 KENNETH H. GOLDEN CO., $205,046.49; V. R. DENNIS CONST. CO., $210,303.69; OVERTON & CLA2K CONST. CO., $183,871.48; DALEY CORP., $212,138.60; R. E. HAZARD CONTRACTING CO., $207,871.299 LOMAX CONST. CO., INC., $204,648.30; E. C. YOUNG, $$210.422.06; LINER BROS., INC., $178.364.50; V. E. POSEY, $175,659.68. CITY MANAGER BIRD stated the Chairman of the Civil Service Commission has requested the recording machine and the microphones be left in place for their meeting tonight, of which the City Council are invited guests for the purpose of discussing that which may be upon the agenda. COUNCILMAAN HART stated the Chairman of the Civil Ser- vice Commission called him and stated he did not think they had any- thing to discuss; the Council knows what they want, but we could get acquainted with the Commissioners. COUNCILMAN ALLEN stated the meet- ing was set up with the Commission to discuss the Fair Employment Act, but it got misconstrued and somebody decided we would discuss with the Civil Service Commission their recommendation as to the change in ordinance. Moved by Allen, seconded by Hart we rescind the delay for ninety days on the letter from the Employees Association, Carried, by the following vote to -wit: Ayes: Allen, Hart, Reid. Nays: Hollingsworth. Councilman Morgan abstained from voting. Moved by Allen, seconded by Hart, the second reading of the ordinance 4-19-60 399 embracing all of the employees not under Civil Service in the City of National City be read; that the provisions be made that those people who have less than one year's service, although they were blanketed under Civil Service will have to serve a year's probation and be recommended by their department head prior to becoming permanent, if they have over a year's service with the City they will become perma- nent employees. COMMUNICATION FROM MUNICIPAL EMPLOYEES ASSOCIATION was read, stating at a special meeting of the Board of Directors a motion was made to clarify the intent of the letter presented to the City Council April 12th. It was not the intention of the Association to submit, or to imply, a demand on the part of the City Council in any way. EXCERPTS FROM MINUTES OF GENERAL MEETING OF EMPLOYEES ASSO- CIATION held on April llth were read. There were 44 present and there was a discussion about the City Councilms decision to blanket in departments not now covered under the City Ordinance. - motion was passed the Association write a letter to the Council requesting they defer any action on the proposed blanketing for a period of not less than 3 months so an investigation can be conducted and a recom- mendation made. Voting for the motion were 27 and against the motion 7. COMMUNICATION ADDRESSED TO THE CHIEF OF THE FIRE DEPARTMENT FROM NATIONAL CITY FIREMAN'S RELIEF ASSN., was read stating with regard to the communication from the Employees Association requesting the Council to defer any action on the blanketinL of city employees into Civil Service, they were not represented at the meeting and had noth- ing to do with this communication. They state they are part of Civil Service and have no comments regarding the status of other depart- ments or individuals. COUNCILMAN MORGAN stated he thought the request of the Employees Association to defer action for ninety days was a fair request, and thought they should be heard. COMMUNICATION FROM NATIONAL CITY POLICE RELIEF ASSN. ADDRESSED TO DHIEF CAGLE was read, stating they wish to make it clear the communication from the Employees Association does not reflect the feelings or wishes of the members of the National City Police Relief Association; they are mak- ing no comments regarding the status of other departments or indivi- duals. Motion carried, by the following vote to -wit: Ayes: Allen, Hart, Reid. Nays: Morgan, Hollingsworth. CITY MANAGER BIRD asked if it was the wish of the Council to appear at the meeting of the Civil Service Commission and express regrets no Councilmen -will be present, or will there be some present at the meeting. The Council members stated they would be present. CITY MANAGER BIRD announced the Park and Recreation Advisory Board will meet at 7:30 a.m. tomorrow at the Boys' Club. 4-19-60 400 COUNCILMAN ALLEN stated the Traffic Safety Committee is very under staffed and asked if there were any other Committees or Commissions that need members. MAYOR HOLLINGSWORTH stated the Traffic Safety Committee has been requested to make a recommendation but it has not been received. COMMUNICATION FROM NATIONAL PLATING AND PROCESSING COMPANY OF TEXAS was read, stating approval is requested to transfer their lease on the property located at 1440 Tidelands Avenue to E-Z Set Windows, Inc. E-Z Set Window*, Inc. has purchased all the improvements located of said property; and said purchase is contingent upon approval of the lease transfer. CITY MANAGER BIRD recommended this be referred to the City Attorney and to the Harbor Committee. Moved by Hart, sec+. onded by Reid the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM MARY E. KEN KNIGHT was read, stating she cannot understand the necessity of curbs and sidewalks on a small portion of "V" Avenue; The street is only dedicated 30' wide. This 150' is a continuation of "V" Avenue and Mrs. Ken Knight states she has no intention of improving it through to 5th Street as the cost would be prohibitive. She asked permission to surface her 150' frontage on "V" Avenue. CITY MANAGER BIRD recommended this be referred to the Planning Dept. and Building Dept. Moved by Allen, seconded by Morgan, the commuri;cation be referred to the City Planner, Planning Commission and Building Dept. Carried, all the Council present voting aye. COMMUNICATION FROM SOUTHERN CALIFORNIA EXPOSITION was read, stating they would like to name one day at the fair as National City Day and hope National City can present an hour's program on one of their stages honoring. National City. This program could be presented by the Recreation Department or entertainment groups, other than bands or musical organizations. They request they be notified if this type of program is possible so they can book National City }ay in their Master Schedule. It was the recommendation of the City Manager this communication be referred to the Recreation Department to see if they could take advantage of this and report back to the Council so Colin. oil could request a day be set aside for National City. Moved by Morgan, seconded by Hart, the communication be referred to the Recre- ation Department, as recommended by the City Manager. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he had a verbal report on the request of the Lions Club which was referred to the Park Director and the report is 4-19-60 401 in accord and recommends acceptance of the offer made by the Lions Club for the installation of fair or five thousands dollars worth of toys, etc. in Las Palmas Park. COMMUNICATION FROM NAT-PAR PONY LEAGUE, INC., addressed to the City Manager, was read, asking he be present on April 24th at 1:00 p.m. at the new Pony League Field in Kimball. Park for the opening cere- monies and dedication of this beautiful and latest addition to the Southern California Pony League organization. The League feels that without the efforts of Mr. Bird, the Council and many others they would not be holding the ceremonies in such a wonderful looation. MAYOR HOLLINGSWORTH stated she received a letter from Mr. Cram, Pres- ident of the Pony League asking her to be present to cut the ribbon, and she will be out of town at that time, and asked Vice Mayor Hart if he would do the honors. VICE MAYOR HART said he would be very happy to. MAYOR HOLLINGSWORTH asked if Vice Mayor Hart would care to attend the John D. Spreckels Lodge dinner Saturday at 6:30 p.m. VICE MAYOR HART consented. CITY MANAGER BIRD'stated he received a communication from the City of San Diego regarding our sewage flow meter at Division Street and Laurel, and it is not functioning properly and requested authoriza- tion to take the necessary steps to correct this situation. Moved by Allen, seconded by Reid, the request of the City Manager to oor- rect the meter be approved. Carried, all the Council present voting aye. COMMUNICATION FROM AT,FC L. and RUTH C. BURNETT was read, regarding Bldg. Permit No. 8233, at 2110 Orange Avenue, stating as present owners of the property they wish to call attention to the gross neg- ligence and malfeasance on the part of the City Manager, City Engin- eer, Planning Commission, and Street Dept. in the establishment of street grades and proceeding to damage the value and accessibility of their property. They request an immediate written reply stating the City's actions to rectify this situation and restore the value of their property. CITY MANAGER BIRD stated we had owners or con- tractors who made application to grade this street in conformity to the City grade. Mr. Bird stated he went out there last Friday and it did look wrong so he phoned the Engineering Dept. to have an inspec- tor come out and cheek to see whether or not these curbs were being put in on their proper grade and in conformity with the stakes. The property to the south of this was required by the Planning Commission to put in curbs and gutters.. It was recommended by the City Manager 4-19-60 402 this communication be referred to the City Attorney, to the Planning Dept., the Building Dept., and the Engineering Dept. for a report back to City Council as of next week. Moved by Allen, seconded by Hart, this letter be referred to the heads of the departments named by the City Manager, and also a notification be sent back to these people that the City Council themselves will look at the project prior to making any decision. Carried, all the Council present vot- ing aye. CITY MANAGER BIRD stated he had four letters in regard to the dump. COUNCILMAN ALIEN stated at the meeting of the Board of Supervisors today the matter of the dump was ]aid over. Moved by Allen, seconded by Hart, the letters be laid over until the next meeting. Carried, all the Council present voting aye. CITY MANAGER BIRD stated the letters are from the Chula Vista Chamber of Commerce, National City Chamber of Commerce and J. H. Kammerer, a resident in the area, and one from Russell A. Kahler, an owner in the area. COMMUNICATION FROM SENATOR HUGO FISHER was read, expressing his grat- itude to the GounCil for sending City Attorney, Robert 0. Curran, to Sacramento to attend the Governor's Library Conference. Mr. Cur- rants considerable contribution to the conference is a credit to the City of National City and to himself. Moved by Allen, seconded by Hart, Mr. Curran get "a pat on the back" from the Council members. Carried, all the Council present voting aye. CITY MANAGER BIRD presented a copy of a Metropolitan Water District resolution which was unanimously adopted April 12, 1960, and stated it should be received and placed on file. Moved by Hart, seconded by Reid, the resolution be received and placed on file. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE GENERAL BEVERAGE LICENSE by Louie°s Ranch House, was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of the application. Moved by Hart, seconded by Allen, the application be filed. Carried all the Council present voting aye. APPLICATION FOR ON SALE BEER & WINE BEVERAGE LICENSE by Geisha Girl, 710 National Avenue, was presented. REPORT FROM POLICE CHIEF CAGLE stated investigation reveals no grounds for protest of the applica- tion. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. REPORT OF CITY TREASURER for period ending March 31st was presented. Moved by Allen, seconded by Reid, the report of the City Treasurer be accepted. Carried, all the Council present voting aye. 4-19-60 403 COMMUNICATION FROM PACIFIC BEACH LIONS CLUB was read, stating they were afforded the honor of hearing Col. Frank Seifert speak on his proposed plans to reclaim 2000 acres of land in San Diego Bay for the site of a much needed airport and heavy industry. The Board of Directors voted unanimously to endorse Col. Seifert's proposed plans for this airport, and urged the City of National City consider this proposal with the utmost diligence by approving Col. Seifert's recom- mendations. MAYOR HOLLINGSWORTH stated she thought the Council should take no action until they have heard more of the details. Moved by Allen, seconded by Morgan, the letter be filed for further consideration. Carried, all the Council present voting aye. COMMUNICATION FROM JOHN HANCOCK INVESTMENT COMPANY was read, stating they hold a lease on Parcel #5 of tidellnds property and said lease was executed in October of 1957 to the John Hancock Manufacturing Company, which name has now been changed to the John Hancock Invest- ment Company, and this change of name has been recorded. It is requested the City's records be changed accordingly. CITY MANAGER BIRD recommended it be referred to the City Attorney and to the Har- bor Committee. Moved by Allen, seconded by Morgan, the recommenda- tion of the City Manager in regard to the letter from John Hancock Investment Company be referred to the City Attorney and Harbor Com- mittee. Carried, all the Council present voting aye. CITY MANAGER BIRD announced there will be a Small Craft Harbors Com- mission meeting April 25th in the City Hall at Santa Monica. COMMUNICATION FROM J. DEKEMA, DISTRICT ENGINEER, DIVISION OF HIGH- WAYS, was read, stating they have recently commenced studying the problem posed by the new Legislative Route 283 between Route 241 near the north city limits of National City and Junction U. S. 101, and from U. S. 101 to U. S. 395 near U. S. Naval AirStation at Miramar, which is on the California Freeway and Expressway System. They shall be pleased to include in their studies any information the City can make available with regard to community values, local public facili- ties and city street problems. CITY MANAGER BIRD recommended this be referred to the Planning and Engineering Departments. Moved by Hart, seconded by Allen, this letter be referred to the Planning and Engineering Departments. Carried, all the Council present voting aye. CITY MANAGER BIRD presented the minutes of the meeting of the Board of Directors of the San Diego County Water Authority and recommended they be received and placed on file with the City Clerk. Moved by Morgan, seconded by Allen, the minutes be received and placed on file with the City Clerk. Carried, all the Council present voting aye. 4-19-60 404 CITY MANAGER BIRD stated he received a letter from the California Dis- aster Office regarding method which we are to use Civilian Defense property and recommended it be received and placed on file and a copy sent to the custodian in charge of what property we do have. Moved by Allen, seconded by Reid, the City Manager's recommendation in regards to the Civilian Defense letter be approved. Carried, all the Council present voting aye. REPORT FROM SUPT. PARRS & RECREATION GAUTEREAUX was read, regarding use of facilities, recommending permission be granted of Foreign Wars for the use of the Community Bldg. on p.m. The request of the High School District for the exercises June 16th and 17th will be taken Dare of as by Hart, seconded by Allen, the report be accepted in request of the High School District and the V. F. W. the Council present voting aye. REPORT FROM CONTROLLER OF THE STATE OF CALIFORNIA regarding the alto cation of vehicle fee revenue, was presented, and it was the recom- mendation of the City Manager it be received and placed on file with the City Clerk. Moved by Alen, seconded by Reid, the report be received and placed on file. Carried, all the Council present voting aye. to the Veterans May 1st at 2:30 graduation usual. Moved regard to the Carried, all COMMUNICATION FROM DEPARTMENT OF PUBLIC HEALTH was presented relative to declaring San Diego County quarantined under the rabies law of the State of California. CITY MANAGER BIRD stated we are on official notice now, and he transmitted a copy of this letter to our County officer to take the necessary steps regarding that which is required. Moved by Alien, seconded by Hart, the letter be placed on file. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated sometime ago the Council authorized the City Attorney and the City Manager to prepare the necessary documents in relation to replacing a street sweeper. Mr. Bird said he has a con- tract for a lease rental contract and recommended the City Attorney be authorized to prepare a resolution to rent a Wayne Sweeper for the City of National City, as per the contract made by them. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regards to the street sweeper be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported we are in receipt of new regulations for two-way radio, which require that Public Safety radio users modify their equipment as of July 31, ].960 and then we will have to com- pletely convert as of October 31., 1963, which will possibly mean an 4-19-60 405 expenditure of from $30,000.00 to $50,000.00 and should be budgeted for over the period of the next two years. BULLETIN FROM THE LEAGUE OF CALIFORNIA CITIES was presented, stating because of the recent municipal elections, their mayors' and council- men's mailing list is now out of date, and requested the City Manager distribute to each member of the city council a copy of the New Mayors' and Councilmen's Institute announcement; and they would also like to know whether we wish to send our new Councilmen to Berkeley for a course in being Councilmen. CITY MANAGER BIRD asked Councilman Morgan if he was going to go on the trip to look over our water system. COUNCILMAN MORGAN stated he planned to go. CITY MANAGER BIRD stated that fills out our allotment. REPORT FROM CITY ENGINEER LILL regarding National City Street Defic- iency Study, was read, stating transmitted herewith are five copies of the subject study and four colored prints of the map accompanying the study. The study and map were prepared as suggested by the Transportation and Technical Coordinating Committee of the Metropoli- tan San Diego Area and should conform to other studies made in this area. CITY MANAGER BIRD stated he has gone over this report, and it must be approved and sent to the State Division of Highways. Moved by Allen, seconded by Reid, the street deficiency study be forwarded to the State Division of Highways. Carried, all the Council present voting aye. CITY CLERK ALSTON requested permission to leave the State this week end. Moved by Morgan, seconded by Hart, the request be granted. Carried, all the Council present voting aye. COMMUNICATION FROM THE REGISTRAR OP VOTERS addressed to City Clerk Alston, was read, stating the following candidates have filed either campaign statements or affidavits in their office: IRENE M. ALSTON; IDA MAE HOLGATE KERR; CLAUDE L. HART; and KILE MORGAN. Moved by Allen, seconded by Reid, the letter be accepted. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Notice to Bidders for Traffic Signals on highland Avenue; Affidavit of Publica- tion for the Improvement of 8th Street from "L" Avenue to Sanitarium Avenue. Moored by Allen, seconded by Reid, the affidavits be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the grading operations have started on Plaza Blvd. easterly from "M" Av►enue; the concrete construction has started on Paradise Creek Drainage Project No. 3-C. Moved by Hart, 4-19-60 406 seconded by Reid, the City Engineer's report be accepted. Carried, all the Council present voting aye. CITY CLERK ALSTON stated she had a report from the Planning Commis- sion regarding Foster and Kleiser which can be laid over until the next meeting. Mated by Allen, seconded by Hart, the report regarding Foster and Kleiser be laid over until the next meeting. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH requested permission to leave the State this week end. Moved by Reid, seconded by Allen, the request be granted. Car- ried, all the Council present voting aye. MAYOR HOLLINGSWORTH asked Vice Mayor Hart if he would attend the meeting in Mayor Dail's office at 10:30 a.m., Monday April 25th, and asked that he call in and state he will attend. VICE MAYOR HART agreed to attend. MAYOR HOLLINGSWORTH stated Gloria J. Olson, a graduate of Sweetwater Union High School, who has won a scholarship award of the Reader's Digest Career Key Award. The United States is divided up into nine regions and Miss Olson has won for our local region from our Girls' Club. This region is composed of California, Arizona, New Mexico and Texas. This evening she is going to Washington, D. C. and she will be in Vice President Nixon's office Friday afternoon and the nine con- testants will be there. It was requested we send a gift to the Presi- dent of the United States and Mayor Hollingsworth stated she turned this problem of an appropriate gift over to Mr. Dyster and Mr. Stoddard of the Chamber of Commerce and they decided on a very won- derful gift; it is the Heart of the Atlas Missile, a regulator, built by a local firm, the F. & G. Corp. and they are the sole contractors for this regulator. Mr. Farris cooperated very wonderfully with the City and the Chamber of Commerce and the Girls' Club by taking this Atlas regulator to Los Angeles and had it gold plated to present to the President. The President will not be there but the gift will be presented to Vice President Nixon for the President. Mayor Hollings- worth stated the City Attorney was requested to prepare a resolution for Miss Olson and the County Board of Supervisors gave her a reso- lution which she will take to Washington. MAYOR HOLLINGSWORTH asked that the City Attorney read the resolution. RESOLUTION NO. 7727 was read, "RESOLUTION CONGRATULATING GLORIA J. OLSON." Moved by Hart, seconded. by Allen, the Resolution be adopted. Carried, all the Council present voting aye. COUNCILMAN ALLEN stated a motion was made to have the second reading of the ordinance regarding the Civil Service situation. CITY ATTORNEY 4-19-60 407 CURRAN stated as he understands the motionjit was that the ordinance as originally read be amended to provide that people on probation would have to serve a year before they would be eligible. COUNCILMAN ALLEN stated that was correct; and asked if the ordinance as amended will be read at the next meeting. MAYOR HOLLINGSWORTH asked if that would not be the first reading. ATTORNEY C RRkN stated that was correct. Moved by Morgan, seconded by Reid, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 6:07 p.m. ATTEST: oLERkk MAYOR, CITY Off' NATIONiL TY, CALIFORNIA 4-19-60