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HomeMy WebLinkAbout1960 03-22 CC MINNational City, California, March 22, 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 present: Alston, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed by invobation by Rev. Daily. Moved by Allen, seconded by Reid, the minutes of the regular meeting of Mareh 15, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7701 was read, "RESOLUTION A DOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Hoover Avenue from 13th Street to 18th Street)." Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7702 was read, "RESOLUTION ADOPTING PLANS AND SPECI- FICATIONS (Hoover Avenue from 13th Street to 18th Street)." Moved by Allen, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7703 was read, "RESOLUTION DIRECTING REASSESSMENT (Harding Avenue from 13th Street and 20th Street from Harding Avenue to Wilson Avenue)." Moved by Fessman, seconded by Hart, the Resolu- tion be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7704 was read, accepting a Covenant Running With Land from Doris and Eldon D. Brazell. Maned by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7705 was read, "PRELIMINARY DETERMINATION OF LEGISLA- TIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931" (Hoover Avenue from 13th Street to 18th Street)." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7706 was read, "RESOLUTION FIXING HEARING ON CHANGE GRADE (8th Street from L Avenue to Sanitarium Avenue)." The hearing was set for 2:00 o'clock p.m. on the 12th day of April, 1960. Moved by Fessman, seconded by Hart, the resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7707 was read, "RESCOLUTION ESTABLISHING NATIONAL CITY PARK AND RECREATION ADVISORY BoMnjo." Moved by Hart, seconded by 3-22-60 348 Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7708 was read, "RESOLUTION APPROVING ENGINEER'S REPORT AND FIXING HEARING DATE (Hoover Avenue from 13th Street to 18th Street) The hearing shall be held by the City Manager and City Engineer on the 2nd day of May, 1960, at 8:00 o'clock p.m. in the City Council Chambers. Moved by Fessman, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON stated with reference to the resolution fixing the hearing on change of grade on 8th Street from L Avenue to Sanitarium Avenue, the hearing was scheduled for 2:00 o'clock on the 12th day of April which is our election day, and if there should not be a quorum present it would be necessary to readvertise the hearing; and asked if it was the desire of the Council to change the hearing date. ATTORNEY CURRAN stated then it might be better to change it to April 19th. Moved by Allen, we follow the recommendation of the City Attorney and postpone the hearing until April 19th. MAYOR HOLLINGS- WORTH stated on April 19th we would have the absentee ballots to count and the ballots to be canvassed. CITY CLERK ALSTON stated it would be best to have it on April 12th than the 19th, her only thought was there might not be a quorum present. Motion died for lack of a second. MAYOR HOLLINGSWORTH suggested we have a meeting on April 12th but limit it to the important matters and not have a full agenda. It was the concensus of opinion of the Council members that the meeting of April 12th have a limited agenda for business purposes only. CITY ATTORNEY CURRAN stated at the last meeting there was a first reading of an ordinance to amend the Civil Service Ordinance, however, subsequent to the first reading there was action by the City Council setting up a meeting requested by the City employees, therefore he requests instructions whether or not the Council wants the matter brought up for a second reading at this time. Moved by Alien, sec- onded by Reid, the second reading of the ordinance be postponed until after the meeting with the employees,ahioh will be tonight. Carried, all the Council present voting aye. ATTORNEY CURRAN stated Pep's Kerosene has submitted an insurance policy which does not comply with the requirements of the lease with National City for certain portions of the tidelands, it does not protect either Pep's Kerosene or the City with reference to the premises under lease, and recommended the City Manager be authorized to notify Pep's Kerosene of the defect and to immediately secure and file a copy of a policy in accordance with the terms of the lease. 3-22-60 349 Moved by Fessman, seconded by Hart, the City Attorney's recommendation regarding Pep's Kerosene Service insurance policy be approved. Car- ried, all the Council present voting aye. ATTORNEY CURRAN stated at the invitation of the Counsel for the League of California Cities he joined in with the Attorney General and cer- tain other city attorneys throughout the State of California in fil- ing a brief in support of the position of the City of Los Angeles in a case before the Supreme Court of California which is entitled "Abbott vs the City of Los Angeles". The reason the City Attorney did this was because the decision casts grave doubt upon the juris- diction of any City Council to pass certain ordinances under circum- stances in which it may be indicated the State has taken action but the action of the State is not clear. It is a matter which goes to the heart of home rule as to whether or not cities shall have the authority by ordinance to enact measures when the State Legislature has not done so. The three Justices of the Supreme Court have auth- orized the filing of this brief. ATTORNEY CURRAN stated he received the transcript of Volume I of the testimony of proceedings which were taken before the Assembly Interim Committee on Municipal and County government in San Diego with ref- erence to annexation and relative incorporation problems. This will constitute a valuable piece of information in the City's library with reference to the proposals which may come up at the next session of the legislature regarding changes in our annexation law. ATTORNEY CURRAN stated the case being litigated in the Superior Court involving the payment of relocation costs on Highland Avenue between 4th Street and 8th Street has been taken under submission by Judge Sherry who will decide the case after the City files a brief, the California Water & Telephone files a reply brief and the City has an opportunity to file a closing brief. The estimated cost of this relo- cation work, at the time the contract was made between the City and the California Water & Telephone Company, was $3,100.00, the actual cost is $5,600.00 so there is considerably more money involved in this litigation than first appeared. Because of this litigation and also because of the letter dated March 1, 1960 which the California Water & Telephone Company filed with reference to the proposed change of grade on 8th Street between "L" Avenue and Sanitarium Avenue, the City Attorney spent the entire day last Wednesday in Wilmington at the Federal records center going over the files in certain litigation which was conducted in the Federal Court back in the 1890's. In 1887 when the City of National City was first formed the City had the authority to issue franchises to water companies and it also had the 3-22-60 authority to fix the rates.yo350 franchise to the San Diego Land and Town CompanyNat�.ona1 City did issue a series of ordinances fix the rate. Some of tee litigation which the City Attorney checked involved cases involving these rates; two of them were cases in which the San Diego Land and Town Company had brought suit against National City and the National City Council, Certain of the matters which appear in the year 1950 in dispute between California Water & Telephone Company and the City of National City at that time are discussed in those early cases. The right as a water company for operation of Sweetwater Dam and the distribution system by the San Diego Land and Town Company is now claimed by the Califor- nia Water & Telephone Company. The result of the checking of these records and also the large amount of legal research which the City Attorney has done from time to time over the past six years on this problem, it is the City Attorney's recommendation the demand of the California Water & Telephone Company for payment of the sum of $20,500.00 which is contained in this letter of March 1st be denied and the City Attorney be authorized to bring suit against the Cali- fornia Water & Telephone Company to have the Superior Court of San Diego declare the claims for any such sums from the City is without any legal right and that the California Water & Telephone Company has no right in any way to interfere with the proposed improvement by the City of National City of 8th Street between "L" Avenue and Sanitarium Avenue. Moved by Fessman, seconded by Hart, the City Attorneys recommendation in regard to the suit between the California Water & Telephone Company and the City of National City, be approved. Car- ried, all the Council present voting aye. ATTORNEY CURRAN stated the next matter under his report involves the last item on the minutes of the last meeting which pertained to the statement by Councilman Allen regarding the hearings which were to be set on annexations, and he would like to be advised whether there is more than one annexation in mind when this statement was made. COT„ OILMAN ALLEN stated there was; there was the Hobson and Rosenbaln; and he was under the impression there were two that were being held up, because of something that was not explained or brought before the City Planner. ATTORNEY CURRAN stated the point he is raising is whether by Council action they have been referred to him so he has some obligation to be doing something about it. Attorney Curran stated if the question is with reference to Sweetwater Annexation No. 1 and the other annexations, that is not a matter of being annexed to National City, it is a matter of changing the zone, or more properly of the establishing the first time the zone which these three 3-22-60 351 annexations shall receive; there is the Hobson, Hynum and Sweetwater No. 1; that is not a matter of being annexed to National City, it is a matter of having hearings to establish zones. COUNCILMAN ALLEN asked if all the information is now in the hands of the City Planner so she can set the hearings. ATTORNEY CURRAN stated it is not. ATTORNEY CURRAN stated the reason he has raised any question about this is in reading the minutes and no.t being present at the time it appeared to him a question was being raised with reference to the proposed annexation of Sweetwater No. 2. ATTORNEY CURRAN also stated so there will be no possible question with reference to the proposed annexation known as Sweetwater Annexation No. 2, the matter was referred to the City Attorney for preparation of a resolution, the resolution was immediately prepared, however, it could not be sub- mitted to the Council at the following meeting and still cannot be because upon examination of the file it appears the proponents have failed to satisfy certain requirements and the resolution cannot be acted upon until they have done so. MARTHA CLARK, 2133 National Avenue, was present, and stated she has noticed a number of signs for the candidates who are running for office and they are in places where they are in certain zones where they cannot have signs. CITY PLANNER STOCKMAN stated there was referred to the Planning Commission a request for a sign on the North- east corner of 8th & Palm and that matter will go before the Planning Commission at their next meeting; and at that time some of the parti- cular signs Mrs. Clark is referring to will be discussed. There are some of the signs Mrs. Clark is talking about which are located in R-1, R-2, and R-4 zones. The R-4 zones will permit certain size signs however in the R-1 and R-2 you are limited to a six square foot sign, which pertain to the rental or sale of the property, and are permis- sible. Moved by Fessman, seconded by Allen, the City Manager be authorized to have the Street Department in conjunction with the Plan- ning Department, or the Building Department or anyone else charged with enforcing this sign ordinance to go around town and any of the signs illegally placed to remove them and keep track of the names of the people on the signs and those persons be billed for the expense of removing the signs, and this to be done forthwith, not wait until a meeting of the Planning Commission. CITY MANAGER BIRD stated as he understood the motion, he was to go on private property and take down these signs and bill the individual named on the sign, and he would like to know what right the City Manager has to go on private property. Councilman Fessman, with the approval of his second, Councilman Allen, amended the motion, that the City crews remove those signs that are 3-22-60 on public property, and the Building Inspector and tae ilazxcix ucm- mission red tag the others on private property and notify the owners to dispose of them immediately. Carried, all the Council present voting aye. VINCENT DE LUCIA, 1930 Granger Avenue, was present, and stated there has been quite some discussion about garbage collection and disposal with regard to taking in the cans at a certain time, and he thought perhaps when the contract was let for the collection of garbage some restriction is made on the time the contractor collects the garbage it would prove more satisfactory. If the people are to be restricted, the collector should also be restricted. The treatment the garbage cans get is something that should be taken care of; he said he would advocate the garbage collector furnish the can and he would be willing to pay once a year for a new can if they were kept in condition. COUNCILMAN ALLEN stated the City Manager has directed the field rep- resentative in charge of this type of matter to take a record of what is happening over the various routes and make a report to the Council so action can be taken on it. MR. DE LUCIA stated there always seems to be a problem in regard to the poundmaster picking up cats, dead or alive and the poundmaster claims the regulations do not apply to cats and he thought this should be taken care of. MRS. RICHARDS, 1411 E. 16th Street, was present, and stated her husband has had to dispose of a dead cat and dead rab- bit and there are big boxer dogs running loose and one attacked her son recently, and nothing is done about it, and thought something should be. COUNCILMAN ALLEN said he thought the Council should check our animal ordinance and see if we can come up with some idea how this could be changed to take care of such situations as stated. EVE BISBERG, 1826 E. 8th Street, was present, she wished to say in defense of the Police Department and the poundmaster that at any time she has called, and 8th Street is a good place for disposing of cats, they have been very cooperative in picking them up. CITY CLERK ALSTON stated on March 16th there was a claim filed against the City of National City, Thomas W. Baker and Doe One through Doe Five, which was referred to the City Attorney, as per Council instruc- tions, and asked that her action be ratified. Moved by Fessman, sec- onded by Hart, the City Clerk's action in transmitting a summons to the City Attorney be approved. Carried, all the Council present voting aye. COMMUNICATION FROM C. H. LUSTER 1,.ND EVE F. BISBERG, was read, regard- ing the appointment of a Civil Service Commission member to a salaried 3-22-60 353 public office or employment, for a period of one year after he has been a member of the Commission. They question the action of the Council in appointing Luther G. Reid to the City Council because at the time of appointment he was Chairman of the Civil Service Commis- sion. COUNCILMAN HART stated it was his understanding the Ordinance was intended for anyone that would be appointed to a salary job as an employee and when Ed Ingalls was appointed to the Council after having been on the Civil Service Commission, it was explained at that time by the then City Attorney. MRS. BISBERG stated she is not a member of the bar, but as a citizen of the United States she has a right to question any of the Council's actions. Moved by Allen, seconded by Hart, this letter be referred to the City Attorney and if he can give us a legal answer on it at this time to so do, if he cannot we will have to wait until he can give us a legal answer. C. H. LUSTER, 1027 E. 24th Street, was present, and stated as citizens they have a right to question things that are done, and they do not wish to embarrass Mr. Reid, but want to know why the Council does not stand according to its own ordinance. Carried, all the Council present voting aye. MAYOR HOLLINGSWORTH asked Mr. Curran if he was ready to give his opinion today. CITY ATTORNEY CURRI.N stated although he ordinarily would not be but inasmuch as he was advised of the communication and also advised of the fact there has been a previous occasion in which a member of the Civil Service Commission had been appointed, this morning he contacted on the telephone his predecessor and found that Mr. Edwin Campbell was very cooperative in discussing with him the problem that had been considered when he was City Attorney at the time Mr. Ingalls was appointed. Mr. Campbell said at that time he concluded Ordinance No. 712 did not prevent a member of the Civil Ser- vice Commission from being appointed to the City Council; he did that on two grounds. The language of Ordinance No. 712 states that no member of the Civil Service Commission shall be appointed to a sal- aried position; the first question Mr. Campbell raised was whether or not the $10.00 a month which is provided for the City Council is an emolument of office or whether it is within the meaning of Ordinance 712 a salaried position. Mr. Campbell ruled at that time he did not think it was, however, he felt even a stronger reason to hold that a member of the Civil Service Commission could be appointed to the City Council was the fact that inheritly the City Council is a body of limited jurisdiction and when a City Council attempts in effect to limit its own competition so that it prescribes certain limitations on its citizens and his right to be either appointed or elected to the City Council itself, he felt any provisions in the orddinance itself would be illegal, and felt that was sufficient grounds to hold that 3-22-60 354 Ordinance No. 712 did not preclude the appointment of a member of the Civil Service Commission to the City Council. At this time we have a situation wherein in the past several years, on at least two occa- sions, the City Council has felt that one member of the Civil Service Commission should be elevated to the City Council; it seems clear that except for this provision which is subject at the very least to interpretation, there is no reason why service on the Civil Service Commission would prevent a member from being appointed to the City Council. It was the recommendation of the City Attorney, in order there be no further questions about this in the future the, City Coun- cil authorize the amendment of this ordinance to provide specifically it does not apply to the appointment to the City Council. Moved by Allen, seconded by Fessman, Ordinance No. 712 be amended to include the language as recommended by the present City Attorney, Carried, all the Council present voting aye. COUNCILMAN FESSMAN asked Attorney Curran if he concurred with Mr. Campbell's thinking in the matter of this Ordinance. ATTORNEY CURRAN stated he has not had the opportu- nity to study it at length as Mr. Campbell did, however, after dis- cussing it with him and listening to his reasons, he certainly can- not quarrel with his conclusions. Moved by Fessman, seconded by Allen, this Council go on record as accepting these opinions as ren- dered by both Attorneys. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL was read, recommending acceptance of Paradise Creek Drainage Project Unit 3-B, and a Notice of Completion filed. CITY MANAGER BIRD recommended the report be accepted and the City Attorney be authorized to prepare the necessary resolution of acceptance. Moved by Fessman, seconded by Hart, the City Manager's recommendation to have the Notice of Completion filed and a resolu- tion prepared, be approved. Carried, all the Council present voting aye. COMMUNICATION FROM HARRY FARB was read, requesting permission to widen an existing driveway on the Northwest corner of 10th and High- land Ave. CITY MANAGER BIRD stated this request came in late and recommended it be referred to the City Manager and the City Engineer for a report at the next regular meeting. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM REYNOLDS METAL COMPANY was read, thanking the City Manager for the time and assistance given by several of the Manager's associates. This letter is to further confirm their understanding regarding certain modest requirements *Which the City departments will require. They are unable to ascertain from the City Engineer's office 3-22-60 355 when improvements for 24th Street might be completed in order to com- plete their engineering work and possibly to consider how that con- struction work might effect their future daily operations in the new facility they would like to know the City's plans in this regard. They are looking forward to the completion of this work and the estab- lishment of a warehousing facility in the growing industrial area of National City. CITY MANAGER BIRD stated the question which is asked here is in relation to 24th Street, that portion of 24th Street lying between what would be Harrison Avenue and Tidelands Avenue. We made an agreement sometime ago with the Santa Fe Railway Company through the instance of our Chairman of the Harbor Committee, and at that time it was proppsed and agreed upon, the Santa Fe who owned the property abutting on their sides of 24th Street would pay for the improvement :f the street with the exception of the center strip. That agreement with Santa Fe still holds. Santa Fe is selling their property to Reynolds Metal Company on what would be the Northwest corner of Haffly Avenue and 24th Street. In the meantime Santa Fe has sold to the Safeway Corp. all of the property with the exception of the portion occupied by the Tidelands Supply Company of Nelson Materials, so it is up to the Santa Fe to provide this improvement to the people who purchased the property from them, with the exception of the center 24 feet as declared by policy of the Council. It was the recommenda- tion of the City Manager the Engineering Department be authorized to prepare plans when necessary, and work with the Safeway Corp., the Santa Fe and the Reynolds Corp. This job will have to be out of the way by at least nine months, at that time the Santa Pe will have another occupant and Reynolds and Safeway's warehouse will be occu- pied. Moved by Fessman, seconded by Hart, the City Manager's recom- mendation be approved with this difference, he should be authorized to advise Santa Fe immediately we would like to have them improve that street and see if we cannot get the job done this summer before the rains next w inter, so it will not be delayed too long. COUNCILMAN FESSMAN stated Santa Fe did indicate they would pay for it whenever we were ready to ask them to do it, so if we ask them he is sure they would come forthwith. Carried, all the Council present voting aye. COMMUNICATION FROM LOREN A. TOMLINSON was read, requesting refund of $25.00 posted in lieu of bond for installation of a sidewalk. The sidewalk is completed and has passed final inspection by the Engin- eering Dept. REPORT FROM CITY BUILDING INSPECTOR BIGGS was read, recommending the request for the refund be approved. Moved by Allen, seconded by Reid, the recommendation of the City Building Inspector in regards to a refund for sidewalk deposit be approved. Carried, by the 3-22-60 356 following vote to -wit: Ayes: Allen, Fessman, Hart, Reid, Hollings- worth. Nays: None. CITY MANAGER BIRD asked if that motion included authorization for the City Clerk to draw the warrant for the refund. Councilman Allen stated it did. CITY MANAGER BIRD stated he received a letter from the San Diego County Water Authority submitting to the agency of National City their "Report on Proposed Operation of San Diego County Water System on Completion of Second Aqueduct Construction and Resulting Need for Storage Capacity". It was the City Manager's recb mendation the report be received and placed on file with the City Clerk. Moved by Allen, seconded by Fessman, the recommendation of the City Manager be approved, and the report be placed on file. Carried, all the Council present voting aye. COMMUNICATION FROM RICHFIELD OIL CORPORATION was read, stating they would be interested in purchasing or leasing the Northeast corner of National Avenue and 24th Street, if available. Approximate size of property 125 feet by 125 feet. They request the opportunity to dis- cuss terms at the convenience of the Council. Moved by Fessman, seconded by Reid, the communication be referred to the Finance Com- mittee. Carried, all the Council present voting aye. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES relative to sales and use tax exemptions, was read. SB 4 would exempt all "medicines" from the sales and use tax. SB 8 and AB 2 would exempt those medicines dispensed on prescription; and AB 6 would exempt medicines dispensed on prescription and in addition would exempt from the sales and use tax prosthetic, ophthalmic and ocular devices. Moved by Fessman, the City Council go on record as approving the League of California Cities' request on No. 1 and disapproving their request on the next three items. Motion died for lack of a second. Moved by Alien, seconded by Hart, this body go on record to the League of California Cities in opposition to these bills. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays: Fessman, Reid. PETITION signed by fourteen employees of the Housing Division of the City was read, petitioning the City Council to place all City employees of National City under Civil Service that are not now so classified, as recommended by the Civil Service Commission. CITY MANAGER BIRD recommended the petition be referred to the committee meeting tonight, Moved by Fessman, seconded by Allen, the recommen- dation of the City Manager be approved. Carried, all the Council present voting aye. COUNCILMAN ALIEN stated he would suggest these people who signed the petition be notified of the meeting this evening. 3-22-60 357 CITY MANAGER BIRD stated every one of the non Civil Service employees of the Gity has been personally notified of the meeting tonight, to be held here at 7:30. COPY OF COMMUNICATION FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, addressed to the Public Utilities Commission, was presented. It was the recommendation of the City Manager this copy be referred to the City Attorney for his perusal and a report made on it, then it can be filed with the Gity Clerk. Moved by Allen, seconded by Fessman, the recommendation of the City Manager to refer this to the City Attorney be approved. Carried, all the Council present voting aye. COUNCILMAN ALLEN excused. CITY MANAGER BIRD reported he is in receipt of a Notice of Hearing of 1911 Improvement Act on 28th Street Between National Avenue and "B" Avenue. The City of National City owns five parcels of ground, and recommended these be received by the City Clerk and placed on file. Moved by Hart, seconded by Reid, the five notices of the hear- ing of the improvement on 28th Street Between National Avenue and "B" Avenue, be received by the City Clerk and placed on file, as recom- mended by the City Manager. Carried, all the Council present voting aye. COUNCILMAN ALIEN present. CITY MANAGER BIRD recommended the City Clerk be authorized to adver- tise for bids for traffic signals to be located on Highland Avenue 125 feet North of 12th Street. Moved by Hart, seconded by Reid, the recommendation of the City Manager be approved in regard to the traf- fic signals on Highland avenue. Carried, all the Council present voting aye. CITY MANAGER BIRD reported that after many months of negotiation he has received a firm offer from the San Miguel Board of Directors. COMMUNICATION FROM GEDRGE V. JOHNSON, CHAIRMAN OF THE BOARD OF DIREC- TORS, SAN MIGUEL SCHOOL, was read, stating the Board of Directors authorized him to negotiate the sale of the property known as their athletic field for the sum of $15,000.00. CITY MANAGER BIRD stated this is in relation to our drainage project, and is approximately four acres which comprises the athletic field of San Miguel and is adjacent to, and a part of our Las Palmas Park. The daylighting of our present existing canal in there will cost us between $10,000.00 to $15,000.00. Engineering has studied the project, and it is our opinion this is a very reasonable purchase, it is property which the City should have, not only to save money on the alignment of the drainage canal, as proposed, but also to add those four acres to the 3-22-60 358 City Park which in turn will perhaps allow us at a later date, if at any time the City wishes to carry an outlet on Palm Avenue we would then have the property required. It was the recommendation of the City Manager the City Attorney be authorized to prepare the necessary resolution of purchase for the price of $15,000.00 for the continua- tion of that drainage area. Moved by Fessman, seconded by Reid, the City Manager's recommendation be approved to have the City Attorney prepare a resolution to accept the offer of the San Miguel School to purchase the property. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Reid, Hollingsworth. Nays: None. CITY MANAGER BIRD stated some time ago we received a communication from the Census Bureau following a bulletin from the League of Cali- fornia Cities. In discussing it with the City Planner we felt it was of sufficient merit the Planner should write to the Washington, D. C. office and inquire as to costs of this particular service which we would need. This is a service which the Federal Census Bureau will take in conjunction with the survey now underway, wherein they will enumerate and setforth for us everyone of our substandard structures in National City, the cost between 25,000 to 50,000 population is a charge to us by the Federal Government of $2,500.00. CITY PLANNER STOCKMAN stated the City of National City, in working with her census committee and the Federal Census has been set up into eight census tracks, that then being cut down into approximately four enumeration districts, or some thirty-two enumeration districts in the entire city limits of National City. This particular tabulation is pro- vided by the Federal Census Bureau, which will mean these figures from each enumeration district will pinpoint it down very closely as to where these substandard houses are. They will provide the infor- mation as to structural and occupancy characteristics, color and age of occupants, rents, income, and a great deal of other information. Mrs. Stockman stated in discussing this with other departments it was felt it would be of great value to not only the Fire Department, Police Department, Building Department but also the Planning Depart- ment in many ways. COUNCILMAN FESSMAN questioned the value of any suchszrvey. ROBT. STODDARD, Secretary -Manager of the Chamber of Com- merce was present, and asked if this survey includes commercial and industrial property as well. CITY PLANNER STOCKMAN stated it is her understanding it would be residential. MR. STODDARD asked if this could be made to include commercial and industrial property. MRS. STOCKMAN said not under the contract they have sent her. MAYOR HOLLINGSWORTH stated she could see how the survey would be invaluable. Moved by Allen, seconded by Hollingsworth, the City Manager and the 3-22-60 359 City Planner, and if necessary from the legal aspects, the City Attor- ney, prepare the contract and get the information in immediately pro- viding the City Manager has funds available. Motion lost, by the fol- lowing vote to -wit: Ayes: Alien, Hollingsworth. Nays: Fessman, Hart, Reid. CITY MANAGER BIRD stated he is in receipt of the first report from the War Against Litter Committee. CITY MANAGER BIRD requested he be granted a leave of absence during the week of March 28th so he can use the remainder of his earned 1958 leave. Moved by Fessman, seconded by Alien, the City Manager be granted the remainder of his 1958 leave during the week of March 28th. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of the meas- ures and nominees for the General Municipal Election. Moved by Fess- man, seconded by Hart, the Affidavit be filed. Carried, all the Coun- cil present voting aye. REPORT FROM THE PLANNING COMMISSION was read, recommending acceptance of grant deed, slope easement and covenant received from Harry Lee Murphy for twenty feet on the West side of "Q" Avenue, South of 6th Street. Moved by Alien, seconded by Hart, the recommendation of the Planning Commission be approved, and the Attorney be instructed to prepare the necessary resolution. Carried, all the Council present voting aye. RESOLUTION NO. 7709 was read, accepting work done by Johnson Western Constructors for construction of Paradise Creek Drainage Project, Unit 3-B, and authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. CITY CLERK ALSTON announced there will be no Council meeting next week as it will be the fifth Tuesday. Moved by Allen, seconded by Reid, we thank the Justice Court for put- ting up the new Flags. Carried, all the Council present voting aye. Moved by Allen, seconded by Fessman, the meeting be adjourned until 7430 p.m. this evening. Carried, all the Council present voting aye. Meeting adjourned at 3:28 p.m. MAYOR, C OF NATIONAL Cltl'X, CALIFORNIA ATTEST: CITY CLERK 3-22-60 360 National City, California, March 22, 1960 Adjourned meeting of the City Council was called to order at 7:30 p.m. in the Council chambers by Mayor Hollingsworth. Council members pres- ent: Allen, Fessman, Hart, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Bird. John McCartney, Chairman of the Civil Service Commission, L. M. Grounds, and Thelma McKeen, members of the Civil Service Commission were also present. First order of business on the agenda was Civil Service. PAUL D. BUSSEY, representing the employees of the City Manager's office, Building Inspector's office, Planning Department and Engineering Department, presented the case of the employees against their inclu- sion in the competitive service. Mr. Bussey asked questions: 1. Was this to be a union without representation? 2. Doing away with depart- ments? 3. Questions the statement that Civil Service wants to pro- tect us. Mr. Bussey pleaded for a complete and comprehensive study of the question regarding possible redrafting of the ordinance and whether or not there was any other type of system more desirable for the employees of the City. COUNCILMAN HART was given the opportunity to answer some of the ques- tions and said he was against the "spoils system" and further, he was for the unions. COUNCILMAN FESSMAN requested that the entire discus- sion be confined to the question at hand. MAYOR HOLLINGSWORTH said that salaries are set by the City Council, JUDSON T. NAIMAN of the Engineering Department spoke against inclusion in the competitive service as did Bella J. Bussey, Christabel Stearns, Robert 0nley, Alfred Roberts, Oscar L. Sims and Velma Swales, all of whom brought out the question of classifications. WILLIAM DEES, representing Housing Department employees, requested that Housing employees be under Civil Service. It was agreed that no decision would be rendered until a meeting between the Civil Service Commission and the City Council is held. Chairman McCartney of the Civil Service Commission was called upon and stated emphatically that it was not the desire of the Civil Ser- vice Commission to take anything, any rights, whatsoever away from the employees. With concurrence of all the Council present and the Chairman of the Civil Service Commission, it was agreed that e meeting between both bodies would be held April 19, 1960 at 7:30 p.m. 3-22-60 361 It was moved by 411en, seconded by Fessman, that Councilman Reid be granted permission to leave the State of California. Carried, all the Council present voting aye. The matter of a survey of substandard housing units was brought before the Council by Mayor Hollingsworth. ROBERT STODDJRD, Manager of the Chamber of Commerce, appealed to the Council for the expenditure of the survey, stating said survey was a desirable thing for the City. Moped by Fessman, seconded by Reid, that City Manager Bird be appointed Clerk Pro Tem for this adjourned meeting. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 9:45 p.m. ATTEST: CLERK PRO TFM 3-22r60