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HomeMy WebLinkAbout1958 05-27 CC MIN350 National City, California, May 27, 1958 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fess- man, Hart, Hollingsworth, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Lill, Stockman Curran, Gautereaux, Holgate. The meeting was opened with pledge of allegiance to the Flag, fol- lowed by invocation by Rev. Clark. Moved by Fessman, seconded by Hart, the minutes of the regular meet- ing of May 20, 1958, be approved. Carried, all the Council present voting aye, RESOLUTION NO. 7229 was read, accepting grant deeds f r am the follow- ing: Howard L. and Gertrude Morrison, Harlan D. and Lona Christen- sen, dated May 9, 1958; Walter and Violet Richardson, dated April 11, 1958; Walter and Violet Richardson, dated April 11, 1958. Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Car- ried, all the Council present voting aye. RESOLUTION NO. 7230 was read, granting a special zone variance per- mit to L. Wendell Hesseltine and Safeway Stores Co., Inc,, for the purpose of (a) Using a portion of permittees property for offstreet parking in conjunction with a proposed super -market. (b) Erecting a sign per Safeway Stores drawing No. S-200 dated September 9, 1957 and entitled 'Illuminated Parking Lot Sign4. Moved by Hart, second- ed by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7231 was read, granting a special zone variance per- mit to Ruble R. Beauchamp for the purpose of remodelling an existing dwelling into two apartments. Property located at 1841 E. 16th Street, Moved by Hart, seconded by Fessman, the Resolution be adopted. Car- ried, all the Council present voting aye. RESOLUTION NO, 7232 was read, «RESOLUTION DIRECTING NOTICE OF FILING OF ASSESSMENT AND TIME OF HEARING THEREON (17th STREJ T) . u Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7233 was read, granting a special zone variance per- mit to Paradise Sanitarium and Hospital for the purpose of (a) In- stalling an electrically lighted glass and steel sign of not more than 50 square feet of surface space at a height of 9 feet above ground level; (b) Permitting offstreet parking on that portion of said property not necessary for existing or planned structures. Moved by Hart, seconded by Fessman, the Resolution be adopted. Car- ried, all the Council present voting aye. RESOLUTION NO. 7234 was read, granting a special zone variance per- 5/27/58 351 mit to Daniel Norris Marsh for the purpose of operating a doll re- pair hospital in an existing guest house located in the rear portion of permittees property. Moved by Hollingsworth, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. ',AN ORDINANCE AMENDING ORDINANCE NO. 927 AND PRESCRIBING FEES FOR FLRCTRIC INSTALLATION PERMIITS° was presented for the second and final reading. Moved by Hollingsworth, seconded by Allen, that the reading of the Ordinance be waived and be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 931, °AN ORDINANCE AMENDING ORDINANCE NO. 927 AND PRE.. SCRIBING FEES FOR Rf,RCTRIC INSTALLATION PERMITS.° Moved by Hollings- worth, seconded by Fessman, the Ordinance be adopted. Carried, all the Council present voting aye. ATTORNEY CURRAN reported Argonaut Insurance Company has issued its Certificate of Insurance showing that V. R. Dennis Construction Comp- any has a validWorkmen's Compensation Insurance Policy in a form approved by the Insurance Commissioner of California; Ohio Farmers Indemnity Company has issued a Certificate of Insurance and also a copy of the policy showing that National Lumber Company has a policy as prescribed by its lease, and recommended these certificates be approved and filed. Moved by Fessman, seconded by Hart, the Attorn- ey's recommendation be approved. Carried, all the Council present voting aye, CITY ATTORNEY CURRAN stated because of some confusion which has re- sulted in several instances in matters brought before the Council, particularly in matters of zone variances where property rights were involved, he wished to recommend to the Council that it adopt a policy whereby persons to be heard in support of these matters on behalf of the application would be either the owner, or a co-owner, or in the event the owner was a corporation, an officer of the corp- oration, or a duly licensed Attorney at Law, or an agent who had written authority from the owner, and the written authority be on file with the City. It is the Attorney's belief this policy would have the effect of making certain that matters which do involve prop- erty rights, which are brought before the City would be brought in behalf of the people who did have a legitimate interest. COUNCILMAN ALLEN stated if in his business, he would have reasons to represent someone at the Council as their agent, what would be required to be recorded. ATTORNEY CURRAN stated, it would simply be a letter or other document in writing from the owner of the property, whether it be an individual, a partnership or corporation, that Mr. Allen was authorized to appear in this particular matter; it is a matter of record that authorization had been granted by the owner. COUNCIL- MAN ALLEN stated, normally they would have an offer to purchase with a contingency in it that would be signed by the person, this the realtor would have in their ossession, and asked if that would suf- fice; or would it be necessary for them to have a particular letter or some other document other than the articles of their trade. AT- 5/27/58 352 TORNEY CURRAN stated the very point that Mr. Allen raises is the reason this matter has come before the Council; it is true that a duly authorized licensed real estate agent or broker acts as the agent for both parties in these transactions, so in the event the real estate agent or broker did desire to appear before the Council, then it would be a matter of having a record as to whom he was ap- pearing for; that is the point. Moved by Fessman, seconded by Hol- lingsworth, the City Attorney's recommendation of policy be approved. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hol- lingsworth, Hodge. Nays: Allen. ATTORNEY CURRAN reported the South Bay Irrigation District at its last meeting finally took action to authorize its officers to sign the Joint Powers Agreement with one change. This change provides that a bond election be held before, rather than after, the filing of a condemnation suit. Attorney Curran read the revised section which stated that in order to proceed with the contemplated joint acquisition, each agency agrees to take such steps as are legally necessary to call an election and submit to their voters respect- ively, a proposition to authorize the issuance of revenue bonds to pay their respective share of the cost of acquisition. It is under- stood the exact cost of acquisition is presently unknown. It is the intention of both agencies to acquire said Sweetwater Water System at a reasonable price, not to exceed the fair market value thereof. Prior to commencing condemnation proceedings, it is deemed approp- riate to secure an expression from the voters of each agency. It is believed that total bonds in the amount of 15 million dollars wiill be sufficient to pay the cost of acquisition and provide for suffic- ient on,e at a�. ,ca t and necessary d desired additions and i - iv°eemiI iat�do ax s otits roters; Ssau n Bayragrees i. suomita eorev- enue bondissue of ten million dollars to its voters.' Each agency times toma of -said elections'on Tuesday,,September 16, 1958. Each /c e in ai bond issue such additional amounts as authorized by law and deemed appropriate by such agency. If the bonds of either public agency fail to receive the required approval, this agreement shall be terminated. If the bonds of both public agencies receive the required approval, the agency shall, as soon as practicable, but in no event later than 20 days thereafter, commence an action for the condemnation of the Sweetwater hater System. After the filing of said action, and in the event a purchase price can be negotiated agreeable to both public agencies, a contract of purchase shall be executed for the purchase of said System. As soon as the cost of acquisition is determined, either by a negotiated purchase price or pursuant to the entry of a judgment awarding damages in the condem- nation proceedings, each public agency agrees to issue and sell en- ough bonds to pay its share of the cost of acquisition. The bonds shall be offered for sale on the same day and at the same hour, un- less otherwise agreed by the public agencies. As soon as money is available therefor, the agencies shall pay said company for the Sweetwater Water System and shall take title as herein described. If the judgment awarding damages is in excess of the total revenue bonds available, each public agency agrees to submit to their respect- ive voters another proposition to authorize the issuance of addit- 5/27/58 353 Tonal revenue bonds in order to enable each agency to pay its re- spective share of the cost of acquisition. The election date for each election shall be held as soon as practicable and, in no event, later than four months after initial entry of a judgment awarded from the condemnation proceedings and on the same day in each agen- cy. If the bonds of either public agency fail to receive the re- quired approval and such public agency is unable otherwise to pro- ceed with the payment of its share of the cost of acquisition, this agreement shall be terminated. If, however, bonds of both public agencies receive the required approval or if the public agencies are otherwise able to proceed with the payment of their respective share of the cost of acquisition, all steps necessary to consummate the payment to the company shall be taken and completed with all practical dispatch. Each agency shall bear its own cost incurred in connection with holding and conducting the elections herein re- ferred to. CITY ATTORNEY CURRAN stated that is the end of the charge with exception that certain words are changed in Section 5 so the time of payment is tied into the Engineer's work rather than the time of filing the condemnation suit. Mr. Curran stated this change, as submitted by the South Bay Irrigation District, follows the thought which he had from the beginning. This entire agreement was a compromise, so that, in effect, the Board of Directors of the South Bay have now come around in their thinking to the point he had in the beginning. The Mayor, many months ago, was authorized to sign this agreement. Attorney Curran recommended that the changes, just read, proposed by South Bay Irrigation District be accepted and ap- proved, and the authority of the Mayor to sign the agreement, as amended, be reaffirmed. Moved by Fessman, seconded by Hart, the Attorney's recommendation be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. ATTORNEY CURRAN stated the South Bay Irrigation Dist- rict has also requested that two representatives from National City be selected to meet with two representatives of South Bay Irrigation District in order to consider the necessity or desirability of en- gaging a financial consultant in this matter. There have been sev- eral financial consultants who have from time to time contacted both National City and South Bay Irrigation District; and they have all been advised that when the proper time comes, they will all be in- vited to appear. The purpose of the two man committee from each is in order to expedite the selection which in return would make recom- mendation to the City Council and to the Board of Directors of the South Bay Irrigation District. It was the recommendation of the City Attorney that some action should be taken at this time with reference to this request of the South Bay Irrigation District. Mr. Curran stated the matter was handled by the Finance Committee of the City Council, and, inasmuch, as the engaging of a financial consultant would involve a matter of expenditure of funds, it would be his recommendation that at least one of the representatives should be a member of the Finance Committee. IViAIOR HODGE said he thought both representatives should be from the Finance Committee, and the Chairman of the Finance Committee should appoint them. COUNCILtiuOMAN HOLLINGShOR H, Chairman of the Finance Committee, said she would be very happy to appoint one, but thought since the City 5/27/58 354 Manager will be involved, the Mayor should appoint him as one of the representatives. Mrs. Hollingsworth said, as Chairman of the Fin- ance Committee, she would like to appoint Mr, Fessman to serve'in that capacity. MAYOR HODGE appointed City Manager Bird and Council- man Fessman to serve on this committee. COUNCILMAN HART stated he has talked with Building Inspector Biggs, and a number of people have called him, regarding sewer connections, It seems we are three months behind schedule, and wondered if the City Manager thought it necessary to hire some extra temporary help to get the sewers hooked up. CITY MANAGER BIRD stated he is quite conversant with the situation; it is one perhaps not of our making, we lost 16 days out of our schedule. At the present time we have 42 sewers ahead of us. We worked our crews Saturday and installed six sewers, vie have hired additional digging equipment and will be able to take care of this situation within the next twenty days. As far as availability of hiring manpower is concerned, it is out of the questi on. At the rate we pay on temporary help, we cannot hire sewer people. COMMUNICATION FROM IVIAYOR OF IIVIPERIAL BEACH was read requesting the City to cooperate in endeavoring to have the Veterans Administrat- ion restore a full and complete regional office to San Diego. A resolution was attached for adoption by the City if they so desired. COUNCILMAN FESSMAN said he thought it would be a little presumpt- uous on our part to try to tell the Veterans Administration how to handle their business; there are plenty of Veterans organizations who are directly involved in the matter. Moved by Fessman, second- ed by Hart, the letter be filed. MAYOR HODGE stated he attended the meeting, and there was every Veterans organization, service or- ganizations, IVIayors from ten cities and others, and all were unan- imous in their decision that we should do all we can to get that office back to SanDiego. Mr. Hodge said he would personally recom- mend this resolution be passed and forwarded. Councilman Hart with- drew his second to the motion. Motion died for lack of a second. Moved by Hart, seconded by Allen, the resolution be passed and for- warded, and the resolution be referred to the City Attorney. Car- ried, by the following vote to -wit: Ayes: Allen, Hart, Hollings- worth, Hodge. Nays: Fessman, COMMUNICATION FROM ANNETTA RICHARDS was read requesting refund of 55.00 for curb and sidewalk permit fee, REPORT FROM BUILDING IN- SPECTOR BIGGS stated due to difficulties involving the setting of official street grades, the work authorized by the permit was not allowed by the city to be installed and recommended the permit fee be refunded. Moved by Hart, seconded by A11f7t the refund be allow- ed. Carried, by the following vote to -wit:/ Allsen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. CITY CLERK ALSTON requested permission to present communications that were received since the agenda was prepared. Moved by Allen, seconded by Hollingsworthi, permission be granted the City Clerk. Carried, all the Council present voting aye. 5/2'7/58 355 NOTICE FROM COUNTY BOUNDARY COMMISSION regarding Williams Manor No. 6 annexation to the City of National City, a portion of Fritchard's Paradise Villa Addition, was presented. The area contains portions of the following districts: National School District, Sweetwater Union High School District. The description of the boundaries of this proposed annexation is definite and certain and approval there- of is recommended, CITY PLANNER STOCKMAN stated she received a copy of the notice and called it to the attention of the Commission and they recommended favorable consideration if the Boundary Commission acted favorably at their meeting tonight. A report from the Plan- ning Commission will be forthcoming at a later date. NOTICE FROM THE COUNTY BOUNDARY CCUMISSION was read, relative to HLois Annexation"' to the City of National City of portion of Block 4, Copelands Subdivision. The area is not contiguous to the City of National City for the prescribed distance. The area is approx- imately 175 feet wide and 375 feet long. The requirement is 200 feet width (not including street) if over 300 feet long. Approval is not recommended because the proposed annexation does not have the required contiguity as required by law. CITY PLANNER STOCKMAN said she also received a copy of the notice and has notified the property owners concerned to secure additional land to meet the re- quirements for annexation, INVITATION FROM LA VISTA MEMORIAL PARK to attend their Seventh An- nual Memorial Day Exercises, was read. The services will begin at 10:00 A.M. COMMUNICATION FROM NATIONAL CITY MUNICIPAL EMPLOYEhS ASSOCIATION was read stating the Association at their last meeting voted to submit a request for a cost of living raise in pay for consideration of the Council. Moved by Hollingsworth, seconded by Allen, the re- quest be referred to the Finance Committee. Carried, all the Coun- cil present voting aye, COMMUNICATION FROM COUNTY TAX COLLECTOR was read relative to Option and Agreement No. 6419. This agreement covering the following de- scribed property within the boundaries of the City of National City became effective May 20, 1958 at 10:00 A.M.: Si of Lot 3, and all of Lots 4 and 5 in Block 42. Notice of this agreement was publish- ed in the National City Star News; the cost for this publication is $43.66. The purchase price for the property is $250.00. The City may request a deed to the property any time now. In making the re- quest for the deed, they want a written request stating that the City has a bona fide purchaser for the property or are taking it for public use. The City's remittance to rover cost of advertising of $43.66 plus $250.00 purchase price for the property, or a total of $293.66 should be sent with the request for the deed. COUNCIL- i/ 1iAN HOLLINGSolORTH asked if that is in accord with our agreement. ATTORNEY CURRAN stated there are certain variations in the proced- ure but basically it is the requirement of the Code section that title passes upon a purchaser interested in buying being willing to put the property in use so it goes back on the tax roll, so that fundamentally it is a matter following a rather involved procedure 5/27/58 356 set forth in the Code section. COUNCILudOIi N HOLLINGSwORTH said it sounds to her we need a valid purchaser immediately, and it was her belief we would have two or three years to find a purchaser. AT- TORNEY CURRAN stated it is his recollection the City has three years, and if there is any question he would examine the agreements Moved by Hollingsworth, seconded by Allen, the letter be referred to the -City Attorney. Carried, all the Council present voting aye. APPLICATION FOR CFI -SALE BEER & WINE BEVERAGE LICENSE for Speedee Mart #11, 702 Highland Avenue, was presented. REPORT FROM THE POLICE DEPARTMENT stated investigation discloses no grounds for protest. Moved by Hollingsworth, seconded by Fessman, the applicat- ion be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON expressed her appreciation for the Council allow- ing her to attend the Annual National Institute of Municipal Clerks; it was very inf ormative and a lot of information was gained. Mrs. Alston stated she learned that the City of Toronto has a five mile subway at a cost of $68,000,000.00 which was paid from profits re- ceived by their city owned transit company. 0n their tax rate, they have an assessment of two mills each year which is used for capital outlay expenditures. CITY CLERK ALSTON stated next Tuesday is election day which is a holiday for the City, and in view of the fact our ordinance provides our next meeting should follow at the regular meeting, our bills will become due and it will be after the 10th of the month, and we will not be able to receive our discount. The Court will allow us to use the court room Wednesday, June 4th at 3:00 P.M., and City Clerk Alston suggested the meeting be adjourned until 3:00 Y.M. next Wednesday. COUNCILMAN FESSMAN said he did not see why we could not take the discounts if we did not meet next week; the next reg- ular Council meeting would be June loth and the bills could be mailed that afternoon after the Council meeting. Moved by Fessman, seconded by Hart, we pass the meeting on election day and have the next meeting June lOth. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the contractor has started work on the lining of the Paradise Creek. The contract was awarded in January and every time work was about to begin we had rains, however, the lining will be able to be installed at this time without any trouble. COUNCILMAN HART excused. COMMUNICATION FROM CITY MANAGER BEAN, City of San Diego, was read, stating it is a pleasure to transmit six copies of "San Diego, the Pilot City4, a report, to the City Council. The report summarizes the activities of the urban transportation program during the past three years. The City of National Cityos active cooperation and support of the transporation research program has contributed to the forward stride that has been made. It is hoped the City's technical staff will continue to actively participate in the San Diego Metropolitan Area Transportaion study. CITY MANAGER BIRD 5/27/58 357 stated this in connection with the study which was started by 0. W. Campbell in which we participated three years ago. COUNCILMAN HART present. CITY MANAGER BIRD stated he is in receipt of a letter from Chief Harry Smith, stating he is hoping to be released by the doctor either uuednesday or Thursday of this week, but whether or not the doctor will allc-him to return to duty a week from tomorrow is un- known but will try to get the information. cat'IMUNICATION FROM VINCENT DE LUCIA was read stating it was with regret when he learned a majority of the members of the City Council had already made up their minds it was necessary to bring suit to obtain his property. It is his belief there are other ways to cor- rect the drainage problem of National City without transferring the 4headache to another section of the County. Mr. DeLucia suggested that the water developing from east of the City limits not be tossed away, but be put to work to :answer all of the drainage problems of National City. A proposal was outlined in the communication, which IVIr. De Lucia stated is a permanent soluti i; and we should not spend City money on a plan that only answers a portion of the problem and in so doing creates a new problem for our neighbors in the County. Moved by Fessman, seconded by Hollingsworth, the letter be filed. Carried, all the Council present voting aye.. FINDINGS, RECNDATION AND REPORT OF HEARING before the Civil Service Commission of the City of National City, was read, in re- gard to the request for hearing by Helen R. Rorabaugh., Park, Rec- reation and Clerical Supervisor accusing Robert Smith, Park, Rec- reation Director of abusive statements to the point of defamation of character. A public hearing was held May 12, 1958. The Com- mission finds that no statements could be construed as defamation of character. There is, however, an indication of some lack of diplomacy; also indications of undesirable language used on rare occasions. They consider the present Park and Recreation Depart- ment to be too unwieldy. It appears, in the opinion of the Commis- sion, the City of National City is having growing pains, and this apparently, is contributory. It is the recommendation of the Com- mission that the Council give serious consideration to separation of Recreation from the present Park and Recreation Department. It would create a new department known as the Recreation Department. It is also recommended a new position be approved, to be known as the Superintendent of Recreation, who would be directly responsible to the City Manager and the Council; and the Civil Service Com- mission be instructed to prepare an examination for same and the Council, with the assistance of the City Manager, be the appoint- ing body. It is also recommended, as a step towards immediate clar- ification of duties, the City Manager be requested to study the present job classifications in the Recreation Division,and, after doing so, meet with the Civil Service Commission and the Department Head to plan necessary changes in Civil Service classifications. Moved by Hollingsworth, seconded by Fessman, the Council accept the 5/27/58 358 findings of the Civil Service Commission, but the recommendation as made by the Civil Service Commission be referred to the City Man- ager for a report. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen. PETITION signed by 41 persons was read, stating that having attended the hearing of May 12th on the relationship between Robert Smith and Helen Rorabaugh, and believing this relationship to be detriment- al to the welfare of the recreation program staff and reputation,. and believing the entire cause to be due to departmental, rather than secretarial classification; and organizational, rather than personal; andzealizing the fine jobs all parties concerned could do if the conditions were remedied; set forth.. their views. MAYOR HODGE stated he would like to have a report from the City Manager an the document; how many of the signers are now part time City employ- ees, and how many of the signers reside in National City. Moved by Hollingsworth, seconded by Hart, the petition be filed for the time being until Mr. Bird brings in his report. Carried, all the Coun- cil present voting aye. COUNCILMAN ALLEN stated it is his under- standing the Council would not be able to pass on the recommendation of the Civil Service Commission due to the fact it would be in vio- lation of the State Civil Service Commission; therefore, if this was to be brought about, there would be alternatives. Mr. Allen said his reason for opposing the motion just made by Mrs. Hollingsworth was referring it to the City Manager for clarification, and he would like to make a motion that the section regarding the recommendation by the Civil Service Commission be referred to the City Attorney instead of the City Manager for clarification on their recommendat- ion the two units be separated. Moved by Allen, the recommendation of the Civil Service Commission be referred to the City Attorney. COUNCILMAN FESSMAN stated the recommendation called for at le ast two more positions, and until we have the report from the City Man- ager we do not know if it is possible for the City to take on such an obligation. The Council must decide whether they want to spend the money for that purpose, and then whether we accept the recom- mendation; it is not a matter of legality, it is a matter whether we have the money and whether we want to spend it for that purpose. Motion seconded by Hart. COUNCILuuUMAN HOLLINGSviORTH stated Mr. Allen stated instead of the City Manager; we still need a report from the City Manager. Councilman Allen said in his motion he will include we get a report both from the City Manager and City Attorney, as to the legality of this recommendation. Mr. Allen said we have a group of people who worked very hard to recommend to the Council what they think is right, and all we do is tell them we do not care whether they recommend something to us or not, we are not going to accept it or give them any reason for not accepting it; it is not the right thing to do, and that is the reason for a clarification from both the City Manager and City Attorney so we can pass it on to the Commission, why we did not accept their recommendations. COUNCILMAN FESSMAN stated the time is not right to tell them that we have not accepted their recommendation because we have not re- fused it nor have we accepted it, we turned it over to the City Manager for a report. There is a possibility, if it is financially 5/27/58 359 feasible and the recommendation is all right from other standpoints, that it will be accepted, so it is neither denied or accepted at the present time. MAYOR HODGE stated it should be referred to the City Manager and let him solve the problem. If he needs the Coun- cils help, he can ask for it; he has the problem. COUNCILii QVkN HOLLINGS4ORTH stated the Park and Recreation Advisory Board have two other petitions that are different than the one just presented, the Board did not have them in time for their meeting, so we do not know what might be forthcoming from them. MiAYOR HODGE stated it should all be referred to the City Manager, and he be allowed to solve his own problems, and if he cannot solve his own problems, then the Council has .the problem; but until he cannot solve it, the Council has no problem. COUNCILMAN HART said he has no fight with the City Manager over it, but we still want to know the legal status. Motion seconded by Hart. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Fessman. CITY MANr,GEii BIRD recommended the City Clerk be authorized to ad- vertise for bids for 2,000 tons or more of stock plant mix MC3 3/8 inch rock maximum, San Diego City's specifications. Bids to be opened at 10s00 A.M., June 16, 1958. Moved by Hart, seconded by Fessman, the City Clerk be authorized to advertise for bids. Car- ried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE FINANCE COMMITTEE was read stating that a commun- ication from the Intre-American Municipal Organization for $10.00 dues was presented. After discussion, it was recommended to the City Council the request be denied and the communication filed. Moved by Hollingsworth, seconded by Allen, the recommendation of the finance Committee in denying the request be sustained. Carried, by the following vote to wit: Ayes: Allen, Fessman, Hart, Hol- lingsworth, Hodge, Nays: None. REPORT FROM THE FINANCE COEMITTEE regarding the request from the San Diego Convention and Tourist Bureau for financial support, was read. It was the recommendation to the Council the request for funds be denied, and the City Clerk communicate with the San Diego Convention and Tourist Bureau, pointing out to them how the City Council handles its promotional funds, specifically since we are limited by law of municipal cities, and the amount of monies which we have available has been budgeted in the past and has been con- sidered to be budgeted in the next forthcoming budget to be handled by contract with the Chamber of Commerce of National City. Moved by Allen, seconded by Hart, the recommendation of the Finance Com- mittee be approved. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. REPORT FROM THE FINANCE COMMITTEE was read stating that Chairman Hollingsworth read a portion of the Council minutes of May 13, 1958, regarding the present status of the El Toyon property, and asked if another hearing should be held. Councilman Hart and Councilman Fessman were in favor of it. Councilman Allen asked if this was 5/27/58 360 the opportune time to sell the property; Chairman Hollingsworth felt it was, since we have had several offers recently. Councilman Fessman moved that a hearing be held to determine if the people are in favor of the land being sold. Councilman Allen stated he was not in favor of this because only those opposed to the sale of the land would attend the hearing. City Manager Bird recommended the Finance Committee recommend to the Council that the Attorney draw a resolution calling for a public hearing. Councilman Allen stated he would second the motion if the resolution as is were brought in Tuesday with the dates changed. A motion was made and seconded and carried, that the City Manager's recommendation, as amended be followed. The question was raised as to what type of bid would be used. Chairman Hollingsworth presented three alternatives: 1.. sealed bids; 2. pass resolution or ordinance turning sale over to realtors; or 3. auction the property as done in San Diego. The San Diego ordinance covering the sale of property by realtors was read. The question was raised as to whether the sale could be on a term or cash basis. Councilman Allen favored the cash basis, part- icularly if a commission is given. It was the recommendation of the Finance Committee they list the price of $240,000 cash as the minimum bid on the R1 znned property, invite all realtors to part- icipate and grant a commission at the approved rate for unimproved property. CITY MANAGER BIRD stated in discussing this matter with the City Attorney, there were other consider ationswhich he raised, so he could prepare the proper accompany resolution. There is prepared a resolution, by Attorney Curran, which is a copy of the resolution adopted last year, with the dates left blank for the Council's consideration. The point which the City Attorney raised is one which should be decided now so he may be fully informed of the wishes of the City Council as to the term of sale, deed re- strictions, if any, and all of those specifics which would be nec- essary, and how the entire matter is going to be handled. COUNCIL- Ivir"N HART asked if the price of $240,000 is to be net or is the commission to be paid from it. COUNCILMAN FESSMAN stated he checked on the San Diego ordinance, and it does not look as sound as it did when a part of it was read the other day; there are some catches which are evident without careful reading. He would also want to know which offer they could accept, if there were two offers, one calling for a commission and one in which a commission was not necessary but the City would net the most money from the one that did not call for the commission, but the other bid was higher, which one would we accept; all of which he would want clarified. MAYOR HODGE stated San Diego County sells their property on an auction method, it starts with a sealed bid and ends up in an open bid, and if a realtor or real estate broker is acting for the bid- der, commission is paid; if not, no commission is paid. Mr. Hodge said he would like a clarification on the going rate on vacant property. CUUNCILiviAN ALLEN stated according to the Realty Board in San Diego County, the going rate on unimproved property, re- gardless of size, is ten percent. MAYOR HODGE said he would chal- lenge that as he buys and sells ranches, and he has never paid ten percent. COUNCILLAN AUEN said he would agree with Mayor Hodge, but we are not talking about ranch property, this is prop- erty within the City limits; where there is a house involved on a 5/27/58 361 farm five percent is the rate paid, but not on vacant property. COUNCILMAN FESSutAN said he would like to point out it is the Council's prerogative to set the commission we will pay, not the realty board or anyone else. COUNCILMAN HART said he thought $240,000 was a fair price, and if we can get that amount net, it would not make any difference what percentage the brokers received. MAYOR HODGE stated he would entertain a motion the City Attorney bring us the San Diego County's formula for selling at auction public property whereby realtors are paid a commission. COUNCIL- M`N FESSNiAN said he would also like to find out if there may be a difference in the legal requirements of a County which operates under a charter, and the requirements of a City like National City. Moved by Allen, seconded by Hart, that the Council approve the Mayorfs suggestion and have the City Attorney bring in the inform- ation, also a resolution that will go along with the information so the property can be put up for sale. Carried, all the Council present voting aye. ATTORNEZ CURRAN stated the report which was requested is very clear, the resolution that should go along with the report is not clear. Moved by Fessman, seconded by Hart, the request for a resolution be withdrawn from the last motion. Car- ried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE was read which stated Council- woman Hollingsworth presented a communication from the Firemanos Relief Association requesting an increase in pay. Mrs. Hollings- worth suggested all employees receive a 20% raise, and the present Civil Service system be integrated with a merit system. This would increase productivity. Also if an employee did not meet standards, his salary would be lowered proportionately. If his work was outstanding, he would receive a raise or cash reward. Councilman Hart favored the proposal. Councilman Allen favored the plan, also would like to correct the present inequity between the Police and Fire Departments; also suggested the City Manager be instructed to investigate the possibilities of the plan to as- sertain whether sufficient funds to meet same could be raised. COUNCILMAN HART said in regard to the recommendation of the Fin- ance Committee, he is in favor of the increase if the City can af- ford it, but we review the heads of the departments and see what the salaries are; perhaps some are getting enough money and others are not. COUNCILMAN FESSItiAN stated that in many cases, the City employeeaare receiving more money per month for the same type of work the taxpayers who are paying their salaries receive, and thought that should be taken into consideration, and a study made of it and see where the inequities exist. COUNCILMAN iLLEN stated he was in favor of raising the pay of the employees in order to keep the type of employees we like to have. COUNCILUgCLAN HOLLINGS- vtiORTH stated there was a little part omitted from the report; she stated every year we have received three or four letters from var- ious employees saying that they would like to be raised up to same pay scale as San Diego; and, invariably, when we have increased the salaries to bring them up to the level, San Diego jumps an- other five percent, so we are always lagging behind and every year we are faced with the same problem, that is why she made the recom- mendation she did at the Finance Committee meeting. COUNCILMAN 6/27/58 362 HART inquired about the limit of the tax rate. CITY MANAGER BIRD stated municipal cities, such as National City, operate the Gener- al Fund on $1.0Cti at the present time we are operating on $ .88, therefore we have $ .12 which if used for salary raises at the present valuation,would be approximately $31,000; the increases in one department alone would amount to $17,000, the increase in the other department amounts to $47,000 plus the increase of new per- sonnel because of services demanded by the people. The income for all property taxes as far as the. $ .88 is concerned will bring in approximately $227,000 to $230,000. The cost of operating the Police Department this year is $247,000, the cost of operating the Fire Department is $168,000. The taxes which National City re- ceives as far as real property taxes, secured and unsecured, amounts to approximately 1720 of the budget, the rest of the mon- ey comes from sales tax, in lieu tax, business licenses, pe.rmi,ts, etc, MAYOR HODGE said it has been stated we have an opportunity in National City to have a department store on the west side of Highland Avenue, which will be the main store for a complete new shopping center. Whether or not this comes to National City, de- pends upon the following: That the tax base continue at the pres- ent rate. The store that contemplates moving in, estimates that the first year their total taxable sales will be ten million dol- lars, which will bring $100,000 revenue to the City in additional sales tax; also depends upon the widening of Highland Avenue and upon the developing of Plaza Blvd. There is an industry contem- plating coming into our tidelands, which will bring a revenue of approximately $30,000.in sales tax alone. This too is contingent upon the tax rate. Mayor Hodge said he believes the City is in a position where we can lower the tax rate five cents which will cost us a few thousand dollars and, within the next five years, increase our actual income $200,000, COUNCILMAN HART said he was in favor of the widening of Highland Avenue, but wondered why gas tax money could not be spent for it. COUNCILMiAN HART said he would like to see the tentative budget before anything definite is decided. REPORT FROM THE. PLANNING COMMISSION was read regarding grant deed received from Albert V. and Viola G. Steele relative to the east- erly 30 feet of aM&+ Avenue south of 16th Street for approximately 135 feet. The Commission recommended acceptance of the deed. Moved by Fessman, seconded by Hart, the deed be accepted, and the City Attorney prepare the necessary resolution of acceptance. Carried, all the Council present voting aye. Moved by Fessman, seconded by Allen, the sheeting be closed. Car- ried,. all the Council present voting aye. Meeting closed at 3:36 P.M. ATTEST: Iti:AYOR, CITY OF NATIONAL CITY, CALIFORNIA CITY CLERK 5/27/58