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HomeMy WebLinkAbout1952 03-04 CC MIN427 National City, Californian March 4, 1952. Regular meeting of the City Council was Called to order by . Viee Mayor Albert E. Clarke at 7:30 P.M. o'clock, Councilmen present: Curry, Hart, Ingalls, Clarke. Councilmen absent: Carrigan. Moved by Hart, seconded by Curry, that the reading of the minutes of the regular meeting of February 19, and the adjourn. ed meeting of February 20, 1952, be dispensed with. Carried, all Councilmen present voting aye, ADMINISTRATIVE OFFICIALS present: Alston, Campbell, Seifert, Gautereaux, Mikkelson, Bailey, ATTORNEY CAMPBELL stated that De Witt Higgs who represents the Enterprise Construction Company is present regarding e letter presented by Chief Smith which recommends revocation of a license, DE WITT HIGGS, Attorney representing the Enter. prise Construction Company, stated he was entering a protest on behalf of his client, pursuant to the provisions of the City's ordinance, to the revocation of the license, and re. quested a hearing. VICE MAYOR CW ICE set the hearing Tuesday, March,25, 1952 at 7:30 P.M. o'clock in the Council Chambers. COMMUNICATION FROM FIRE CHIF BAILEY relative to traffic on National Avenue, was presented. CITY CLERK ALSTON stated the City Manager hes requested this be laid over until the next meeting. THE MATTER OF PARKING METERS was presented. Moved by Curry, seeonded by Ingalls, this be held over until the next meeting. Carried, all Councilmen present -voting aye. RESIGNATIOY OF CLIFFORD RE"D, SR,„ as Coordinator of Disaster Counsil, was presented. COU:TCILMAii IPGALLS stated Mr, Reed 3/4 428 agreed to hold this over until the whole Civilian Defense matter could be discussed. Moved by Ingalls, seconded by Hart, that this be held over until the next meeting. Carried, all Councilmen present voting aye, COMMUNICATION FROM CALIFORNIA WAT"R do TELEPHONE COM'AFY relative to distribution of Colorado River water was read, asking that the San Diego County Water Authority discontinue the delivery to them of any water as agent for the City of National City, due to the fact their contract with the City expired es of midnight February 23, 1952. Moved by Ingalls, seconded by Hart, the letter be filed. Carried, all Council- men present voting aye. COMMUNICATION FROM CITY MAN1:G'R SEIF'_'RT to San Diego County Water Authority relative to storage of Colorado River water for National City, was presentee. CITY MANAGER SEIFERT stated the letter had been withdrawn. COMMUNICATION FROM JAMES RUSK, School Superintendent, relative to parking zones during school hours, was read. It is request- ed that the City Council designate the west side of Lanoitan Av'suiae in front of the east portion of Lincoln Acres School Building, between 22nd and 23rd Streets, as a "no perking' zgAe ddrizagaohool hours. Moved by Curry, seconded by Ingalls, this request be referred to the Chief of Police for immediate action, if he finds it necessary, pursuant to Section 63 of Ordinance 827, Carried, all Councilmen present voting aye, COMMUNICATION FROM SWE7TWAT R UNIO: HIGH SCHOOL requesting use of Memorial Bowl for graduation exercises, was read. CITY MANAGER SEIFERT reCAmmended approval, and dates requested are available. Moved by Curry, seconded *y Hart, that the request be granted. Carried, all Councilmen present voting aye. 3/4 429 'COMMUNICATION FROM DEPARTMENT OR PUEI,IC HEFLT1i relative to consolidation of City and County Departments of Public Health was read. Moved by Ingalls, seconded by Curry, that the Council meet with Dr. Askew before any action is taken on the proposed consolidations; and that the meeting be at the con- venience of Dr. Askew. Carried, all Councilmen present voting aye. VICE MAYOR CLARKE announced it was 8:00 P.M. o'clock and time for the opening of the bids on gasoline. Bids were received from the following: HERCUL7S OIL COKTAITY: GENERAL PETIOLEUM 0011P.: RICHFIELD OIL CORP: and SIG:TAL OIL COMPANY. COISRflTICAT- ION from Standard 011 Company of California and from Union 0i1 Company of California stated they were in no position to present a bid at this time. Moved by Curry, seconded by Hart, that the bids be referred to the City Manager end City Attorney. Carried, all Councilmen present voting aye. THE HEARING ON REZONING was held at this time. I. EV BUTT, 2015 E. 12th Street, was present and stated he was very in- terested in this rezoning in his area as there are now so many apartment houses, and in his particular case it Wes an 7-2 zone when he bought the property. It was rezoned an R-1-A, and he Would like to see it beck to an f-2. He stated he would be able to obtain a number of signatures from property owners who would like to see it rezoned. Moved by Hart, seconded by Curry, that the Planning Commissionts recommendation on the rezoning be accepted. RAYMOND HILL, 618 E. First Street. was present %pd. stated he appeared before the PlanningCommission represents og several other property owners as well as himself. and asked *at the property on First Street, from "F" east be left as it '‘;as, which would be an R-1 zone, and it is his understanding it 1s to be zoned for R•2. ATTORNEY CL1CBEIL stated this property 3/4 430 was excepted from the change from -1 to R-2, and it is the property bound on the west by the west line of ,T,' Ave., bound on the north by a line 125' north of First Street, bound on the east by a line 90' west of Highland !_ve., and bound on the south by the alley between First and Second Street, and this would solve Mr. Hill's problem. Carried, all Councilmen present voting aye. VICE MAYOR CLARKE stated the Resolution and Ord- inance will be prepared for presentation at the next meating. COMMUNIC^TIOPT FROM ED"'IN C. ILIFF ropresenting Peoples Rubbish Company of Montebello, submitting a proposal relative to the collection and hauling of rubbish in National City, was read. Moved by Ingalls, seconded by Curry, that the communication be filed. Carried, all Councilmen present voting aye. R^SOLUTION FROM VsTERANS OF F0^3I07 WARS, Thomas H. Cosby, Jr. Post, regarding narcotics, was read. Moved by Hart, sedonded by Ingalls, that the City Council most heartily endorse the Resolution from the Veterans of Foroign Wars regarding the narcotics situation, and the efforts already put forth to eliminate this unfortunate situation. Carried, all Councilmen present voting aye. RESOLUTION NO. 5647 was read, approving that certain Collateral Agreement to Supplemental Agreement :To. 4, Contract No. NOY 13300, between the United States Government and the City of National City. Albert Clarke, Acting Mayor of the City of National City, is, and he is hereby authorized and directed to execute the same for and upon behalf of said City. Moved by Hart, seconded by Ingalls, that the fesolution be adopted. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANA07R SE/PERT relative to opening DM" Avenue between 16th and 21st Street was read. The Engineer- 3/4 ing Department prepared a map regarding this opening. An inspection of the property disclosed an existing house prohibits the opening of c:Zdu Ave. onto 18th St. There is one condition which would arise from the opening of the streets proposed on the map, that is the opening of 21st Street from '7M" to "N" would result in narrowing the lot on the south side to 39► which is too narrow for our required building space. It is deemed important that steps be takon to open this street be.. cause of the little access to this area. It is recommended that the Planning Commission be instructed to adopt this plan or one similar as a portion of a master street plan. It is further recommended that this office be authorized to start a petition among the effected property owners which would by 1911 Act procedure result in the construction of a complete high standard street. As an incentive to such a plan the City should agree to extend our sewers into the area from Capital Outlay Funds, which would be reimbursed at the rate of $175. per connection. As it now exists, it is possible for someone to build a house in the proposed opening of 21st Street which would completely shut off the last remaining access to :M" Avenue. For this reason it is suggested that the lot which would be adversely affeeted by the opening of 21st Street be purchased and its cost be included in the 1911 Act proceedings. Moved by Hart& seconded by Ingalls, this be referred to the Phexii7.agCommission. Carried, all Councilman present voting aye. RFSDLUTION NO. 5648 was read, authorizing the transfer of $Z,684.39 film the General Fund to the Traffic Safety Fund, as a loan. Moved by Hart, seconded by Curry, that the Resolution ba Mated* Qarfledo ail Chunairnalt promea Waft eye. 3/4 432 BILLS AUDITED by the Finance Committee presented: General Fund $3,351.74 Street Fund 3,105.88 Capital Outlay Fund 900.80 Library Fund 197.70 Perk Fund 89.66 Retirement Fund 1,223.90 Trust & Agency Fund 41.82 Payroll Fund 17,159.20 TOTAL $26,070.70 Moved by Curry, seconded by Hart, that the bills be allowed, and warrants ordered drawn for same, with the exception of Capital Outlay. Carried, by the following vote to -wit: Ayes: Curry, Hart, Ingalls, Clarke. Nays: None. RESOLUTION YO. 5649 was read, authorizing the payment of $900.80 from the Capital Outlay Fund, as follows: National City Electric Works, $91.41, warehouse; Raymond A. Whitwer, $678.80, Court Room Annex; Central Sheet Metal, $18.54, ware- house; The Craft Shop, $9.30, warehouse; National City Glass & Supply, $102.75, warehouse. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Couneilmen present voting aye. CITY CLERK ALSTON reported that National City has 6875 register- ed voters for our City election. CITY CLERK ALSTON reported that City Librarian Ellen Baeder and herself attended the Institute on Government in San Diego, February 29th, and the sessions Were very Inatruetive. Mrs. Alston said she paid her own mxpq ges, RESIGNATION OF LUCILLE A. GERWING, Bookkeeping Machine 0peratOr. effective March 14, 1952, was read. Moved by Hart, seconded by Ingalls, that the resignation be accepted. Carried, all O440.41,-. men present voting aye. COMMUNICATION FROM CIVIL SERVICE COMLISSION addressed to City Clerk Alston was read, requesting her to interview the three 3/4 433 eligibles on the general office clerk's list and select one for the Apprentice Bookkeeping Machine Operator's position. COMMUNICATION FROM CITY CLEIK ALSTO7 was read, stating she contacted the three clerks on tho clerk's eligibility list, as suggested by the Civil Service Commission, and they have all stated that they are not qualified to accept the position of Apprentice Bookkeeping Machine Operator. The remaining person on the eligibility list for Bookkeeping Machine,Operetor was: contacted and she has already aocepted another position with e higher salary. The list for the position of Bookkeeping Machine Operator is exhausted and there is no list for Apprentice Bookkeeping Machine Operator and no one available on the clerks, list, therefore Barbara Voigt was employed as temporary Apprentice Bookkeeping Machine Operator, February 4th, which the Council previously authorized. Authorization is now re- quested for the temporary appointment of Beverly Worts as Book- keeping Machine Operator until an eligibility list can be established, salary $225, pgr month, effective March 5, 1952, Moved by Hart, seconded by Ingalls, that the request be granted, Carried, all Councilmen present voting aye, VICE MAYOR CLARKE stated he thought the Civil Service Commission should establish another list for Bookkeeping Machine Operator. COMMUNICATION FROM CITY MANAGER SEIF2RT was read, regarding a petition signed by property owners in Block 2 of Smith and Plantes' Subd, Seventy percent of the property owners on the east and west side of "A" Avenue between 24th and 25th Streets have signified their intentions to install sidewalks, curbs and a permanent type paving under the terms and provisions of the 1911 Act. P,TITION signed by nine property owners in regard to the above was read. VICE MAY0-1 CLARKE requested this be referred to the City Attorney. 3/4 434 COMMUNICATION FROM STREET SUPT. FINWIRTY was read, requesting permission to appoint Henry eretler a8 an equipment operator effective March 1, 1952, at the equipment operator's salary of $286. per month. This is necessitated because the avail- able list of eouipment operators has been deleted. Mr. Gretler is a maintenance man under Civil Service at present. CITY MANAG^R SEIFERT promoted Mr. Gretler because the equipment operator being replaced by him has been ill for some time and it is not known when and if he will return, It is requested the promotion be approved by the Council since there is no Civil Service list available and his permanent appointment is dependent on his Civil Service examination to be held at some future time. Moved by Hart, seconded by Curry, that the request be granted. Carried, all Councilmen present voting aye. VICE MAYOR CLARKE said the Civil Service Commission should get some eligibles for the position of equipment operator. COMMUNICATION FROM CITY ILPL_G,R SEIFERT was read, recommending that the bid of the City Chevrolet Company of Decomber 14, 1951, for a four door sedan for the Police Dent. be reje::ted. This was the only bid received, and it is Mr. Seifort's re- commendation that we re -advertise and notify the dealers. ATTORNEY CAMPBELL said this would be in order, and there is a possibility of obtaining cars on a rental basis. Chief Smith and City Manager Seifert are making inquiries in this regard. Moved by Ingalls, seconded by Hart, that the recommendation of the City Manager be followed, Carried, all Councilmen present voting aye. COMMUNICATION FROM HOUSING & HOME FINANCE AGENCY was read, enclosing a quitclaim deed executed by the Housing & Home Finance Administrator conveying to the City of National City, all of the Government's right, title and interest in and to the 3/4 436 Recreation Facilities (Community Building). VICE MAYOR CLARKE stated that in celebration of this event, he and several other officials and department heads of the City had a burning ceremony last night at the Community Building. Moved by Curry, seconded by Hart, that this be referred to Attorney Campbell so he can prepare the necessary resolution. Carried, all Councilmen present voting aye, COMMUNICATION FROM SUPT. OF SANITATION MIKKILSON regarding the employment of R, I. Thorne, was read, Henry Harper was employed to replace Victor Bagley. Mr. Harper worked one day only. Mr. Thorne was a replacement for him; he worked one and a half days and quit. It is requested that Lando Dempsey be employed to replace Mr. Thorne on a probationary basis and that Preston Hamilton be employed on a temporary basis to re- place Arvid Esterbloom, discharged. Mr. Hamilton was able to work one day only due to a service disability, and it is re- commended that William Eri111ans be employed to replace Mr. Hamilton. Lando Dempsey to start Feb. 20, 1952. Preston Hamilton to start Feb. 27, 1952 and terminate as of same date. Williams Williams to start Feb. 29, 1952. Moved by Hart, seconded by Ingalls, that the request be granted. Carried, all Councilmen present voting aye. COMMUNICATION FROM PLANNI:LTG COMMISSION was read, recommending that the Planning Commission files be moved to the Building Department, under the direct supervision of Mrs. Hazel Stockman, Secretary of the Planning Commission. Also requisitions are to be made to the City Council through the medium of the City Manager for necessary office sup' -lies. Moved by Curry, seconded by Hart, that the request be granted. Carried, all Councilmen present voting eye. COMMUNICATION FROM CITY MANAGER SEIFERT was read. During the 3/4 458 year 1946-47 the City of National City tmoutiled certal1 main sewer trunk lines for which they have a percentage of the coat due them from the State of California. It is believed we have enough data assembled to justify a personal trip to Sacramento to present our claim for $13,000.00, the amount due. It is requested authority be granted to go to Sacramento on the dates of March 15, 16, 17 and 18 to present this claim. Moved by Hart, seconded by Curry, that City Manager Seifert be authorized to make the trip to Sacramento, as requested, provided it is the City Attorney's recommendation to so do. ATTORNEY CAMPBELL stated he will inform the Council of his findings in this regard. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY II-TAGER SEIFERT in regard to the bids for rubbish collection, was read. It is the rocommendation of the City Manager that a contract be worked out between the City of National city and Mr. Pretty on his proposal of one collection per week at $39,900. annually, in view of the fact that it costs approximately $45,000. per year to maintain our Sanitation Department. COU_CILMAN CURRY asked if the entire salary of the Supt. of Sanitation, who also has other duties, is charged to the Sanitation Department, and are there other charges that are camouflaged which might increase the cost of the rubbish collection. COUNCILMAN INGALLS stated he did not feel he was prepared to make an intelligent decision at this time. COUNCILMAN HK T said he too was not ready to make a decision and he would like to know what the City intends to do with the trucks. SUPT. OF SANITATION MIKIC:LSOF stated that before any motions are made or any further discussion goes on he wished to state that approximately 75 percent of the Sanitation Dept. men are present tonight and they are definitely interested in whether or not the City is going to 3/4 437 contract the eigIatticln et rubbish to a private eeatociator. Several of the men have h.d lobs pea44ag to decision of the Council. They have been very loyal to the City for some few months now, and Mr. Mikkelaon said he did not think it fair to these men for this to be put off any longer. If the decision is put off a week or two, it is very doubtful if we will have a collection tomorrow, because some of the men are going out and get another job. JIM HARGIS, foreman of the Sanitation Dept., stated that he was not going to wait around until he has nothing to put on his table to eat, 1f he is going to have a job tomorrow he would like to know it, if not he will go some place else and get one. He has been with the City since the Sanitation Dept. was started. There is one of the drivers who has been offered another job with more money and shorter hours but he turned it down because his home is in National City and he has been with the City for quite some time. It is not fair for this man to continuo to turn the job down if there is any 7ossibility that he will have none with the City. VIC3 MAYOR CLARKE stated the cost of operating the Sanitation Dept. is Q45,000* a year and the proposition of one collection a week at $39,900. annually would be a savings of $5,100. a year, it is his personal opinion that if it is going to corrupt any department of the City end is going to cause anybody to lose their job when they have worked for the City faithfully and given their best in the interest of the City, for that saving a year, he did not think it was worth it. SUPT. OF SANITl_TION MIKKELSON stated that City Manager Seifert has been very lenient in estimating the cost to the department. There are hidden costs which he did not include in there, and he was "leaning over backwards" to be fair to the department. There is the retirement plan to which the City ocntributes and the employees insurance which have 3/4 43ft not been included, and he wishes the Council to have a fair picture of the cost of the department. CITY I LNAGER SEIFEERRT stated he wished to make it clear to the Council and to the people that he was requested by the Council to advertise for bids, which he did, bids came in and this is his recommendation. It was not his idea to advertise for rubbish collection. Moved by Ingalls, seconded by Hart, that the bid be rejected. Carried, all Councilmen present voting aye. COMIviUNICATION FROM CITY UI_TAG^R Si IFERT was read, regarding an offer of the Fuller Motor Company for the block of ground immediately south of the city Hall and the Parts, bounded by National Avenue and "A" __venue, 14th and 15th Streets. It is the Manager's recommendation that this offer be accepted subject to the legal provisions for the disposal of City owned property. COMMUNICATION FROM FULLER MOTORS was read, stating they are hereby submitting their bid of $29,000. for the purchase of property bordered by National Avenue,-nA14 Avenue, 14th and 15th Streets. As a matter of routine, in complying with the Ford Motor Company request, the offer is made subject to their approval. The purpose of desiring to obtain owner- ship of this property is to construct a new modern plant to serve as their Ford Dealership facility in National City, construction to begin at the earliest possible date. COUNCIL- MAN INGALLS asked if the acceptance of this offer would open it up for bids, ATTOJZICY CAMPBELL stated it can be in any form the Council wishes. If you wish to accept the offer and you find that the amount is fair and equitable you do have the legal right to sell. It is a matter of policy whether or not you want to call for bids and that $29,000. be the minimum bid, in accordance with the offer of Fuller Motors, GLENN E. FULLER was present and stated that their offer is for the lot fees is" and it is their desire to construct a plant as 3/4 439 soon as possible. It will occupy the entire square bleat A Ford dealer is asked to have a new location approved by the Ford Motor Company before a purchase is made. Mr. Fuller said he has had verbal approval, but not officially from the District Manager, but they do not turn down any good location. Moved by Ingalls, seconded by Hart, this property be advertised for sale by bid, with a minimum of $29,000. to be accepted, sale to be March 17, 1952. Carried, all Councilmen present voting aye. COMMUNICATION FROM HIGHLAITD AVENUE BAPTIST CHUECH was read, requesting use of the Bowl on March 30, 1952 for the San Diego County Southern Baptist Youth Rally. This Group is without financial backing but the Church would be willing to pay a nominal charge for the use of the Bowl. CITY MANAGER SEIFERT has stated the Bowl 1s available on March 30. Moved by Hart, seconded by Curry, that the request be granted. COUNCILMAN INGALLS stated he was assuming it would be granted without charge. VICE MAY07 CLARKE said he believed so, he did not see how we could charge them and not anybody else, we cannot discriminate, and this is the policy of the Council, Carried, all Councilmen present voting aye. PETITION FOR CONSENT TO DETACHMENT OF UNINHABI'TEiD TERRITORY of Harley E. and Bessie K. KnoX, was read, It is requested that the Olt, eeeneil eensent to the detachment of uninhabited territory, now included in National City. HENRY CLINE was present and stated this property is part of what is known as the Logan annexation. Moved by Ingalls, seconded by Hart, this be referred to the City Manager, City Attorney and Engineer, for checking and recommendation. Carried, all Council- men present voting aye. 3/4 440 RESIGNATION OF CITY MANAGER SEIFERT was read. The date of resignation to be at the convenience of the Mayor and City Council. Mr. Seifert's reason for leaving is to devote his entire time to his campaign for Congressman. Moved by Ingalls, seconded by Hart, that the resignation be accepted as of April 1, 1952, with regret. It was the consensus of opinion of the entire Council that Mr. Seifert has done an outstanding job in the short time ha has been with the City. SUPT. OF SANITATION MIKKELSON stated he wished the Council to know that City Manager Seifert has always been very cooperative and always there to talk over any problems, and that he almost hoped for his defeat so that he could come back to the City. CITY MANAGER SEIFERT said he would not forget National City and would do all he could for it when he gets to Washington. RICHARD KEMP was present and stated he wanted to thank Mr. Seifert for what he has done for the people on «A Avenue between 24th and 25th Streets, by showing the how they can get good streets. They have been working for this for 15 years. Carried, all Councilmen present voting aye. MRS. LA RUE representing the California Fuchsia Society,was present and stated she came to the meeting as a follow up to the letter which was presented last week. She said they wished to know if there is to be a Flower Show this year sponsored by the City, or at least some financial help given. They wish to put on a better show than they did last year end would like to have more time. They wish to know what build- ing they could have and the approximate time of the year when this would be held. VIC 7MAYOR CLARKE sale he would like to see the Service Clubs put on the fiesta. COU-CILIvi_N INGALLS said he felt it is pretty well agreed by the Council. MRS. LA RUE said if they put on a competitive show they would need a larger space than they had last year. COUNCILMAN INGALLS 3/4 • 441 suggested it might be pptoible to open negotiations with the Parochial School across from the Park for this purpose. MRS. LA RUE asked if they eould expect any financial help from the City. COUPNCILM_N INGCLLS stated he thought they could give Mrs. Le Rue reasonable assurance that they will do as well at least es we have in past years. VICT: UAYO? CLARKE said he did not see why they could not, and they will try and work out something. ATTORNEY CAMPBELL reported that the policy of insurance cover- ing the liability under the Boys' Club is in order. Moved by Ingalls, seconded by Curry, that the poliey.be accepted, as recommended by the City Attorney. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated the sales tax refund requested by the National Lumber Company in the amount of P642.44 is per- missible. Moved by Ingalls, seconded by Hart, that the refund be made. Carried, by the following vote to -wit: Ayes: Curry, Hart, Ingalls, Clarke. Feys: None. ATTORNEY CAMPBELL reported that the request for rofund on seven building permits taken out by the Associated Construction Corp. is legally returnable. City Manager Seifert has recommend- ed the refund. The amount of refund requested is $96.00. Moved by Ingalls, seconded by Hart, that the refund be made. Carried, by the following vote to -wit: Ayes: Curry, Hart, Ingalls, Olerke. Nays: "Tone. ATTO Tay CAMPBELL stated last meeting a letter from the Division of Highways was presented which statcd they proposed that in not less than 90 days from receipt of the letter to relinquish a portion of National Avenue and a portion of8th Street to the City. That is actually the'Pelinquishtent of what 3/4 442 is now known as State Highway 101 from the railroad track on 8th Street up to National ._venue, and down National Avenue to the south City limits. That is their right; they cannot re- linquish it prior to 90 days of the receipt of this letter, thereafter they can file their formal notice of relinquish- ment. At that time the City will have greater control, they will also have the liability of maintaining the street. RESOLUTION MO. 8650 was read, approving a certain lease be- tween Albert E. Heflin, doing business as the W tional Plating and Manufacturing Company, end the City of National City. Albert Clarke, Acting Mayor of the City of National City, is, end he is hereby authorized and directed to execute the same for and upon behalf of said C1,y. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Council- men present voting ayc. RESOLUTION NO. 5651 was read, approving a certain lease be- tween National Dry Kiln and the City of National City. Albert Clarke, Acting Mayor of the City of National City, is, and he is hereby authorized and directed to execute the same for and upon behalf of said City. Moved by Hart, seconded by curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPEELL stated at the last meeting a letter from Mr. Gordon of Associated Construction Company was read, re- questing permission to renew tidelands lease on Parcel 1C, and enclosed their check in the amount of $799.66, which purported to cover the renewal of their lease commencing April 1, 1952. The lease was originally written for one year with an option of 10 years. It was necassery,to exercise the option 60 days prior to the terminatjtin'dato which would have been Feb,. 1. The option was not &ei 1aed, and it is the 3V4 443 Attorney's recommendation that a new lease be negotiated and the check returned to Mr. Gordon. Moved by Hart, seconded by Ingalls, that the City Attorney's recommendation be accepted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated that Section 65135 of the Government Code requires that at least three months prior to the end of the fiscal year, which will be April 1, 1952, any officer of the City, or any body, or commission of the City who desires to make any plans for the ensuing fiscal year, that is for public works, shall submit them to the Planning Commission. It would be advisable to follow that procedure if there are any plans or proposals for the ensuing year. ATTORNEY CAMPBELL reported there is one problem as yet to be worked out regarding the sewage agreement with the City of San Diego, that is in the event it is necessary to increase the capacity, who is to bear that cost. Attorney Campbell said he believed the transporting City will bear it but con- firmation is needed from Mr. Newberry that our lines are of sufficient capacity to carry Paradise Hills. This agreement should be ready by the next meeting for adoption. ATTORNEY CAMPBELL stated he prepared a supplemental agreement with the Chamber of Commerce to provide an additional sum of $2,300. for the purpose of the Maytime Band _'levier. Moved by Ingalls, seconded by Hart, that the supplement to the agreement be approved. Carried, all Councilmen present voting aye. RESOLUTION NO. 5652 was read, approving a supplemental agree- ment between the National City Chamber of Commerce and the City of National City. Llbert Clarke'j Actin; Mayor of the City of National City, is, and he is hereby authorized and directed to execute the same for and upon behalf of said City. 3/4 444 Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION N0. 5653 was read, extending the time to May 2, 1953, in which to comply with Rule 12.1 of the Civil Service rules, which rule requires certain City employees to reside within the City. Proved by Hart, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated in regard to the request of Mrs. Cusack to have her property connected to the sewer line, that upon checking, and two or three of the Councilmen also checked, it was the consensus of opinion that the agreement was that Mrs. Cusack was to have a line run to the City limits. The agreement was not in writing, however, if the agreement was such that her easement was given upon that condition then it is the duty of the City to run the line. Attorney Campbell stated he found that Mrs. Cusack had first given a 10 foot easement and later another easement of 35 feet. The easement, as given, expired when the sewer lines were completed. Upon further checking it was found that she gave the City the right to store pipe on her property at the time the line was being installed, and a number of trees were destroyed. It seems highly possible that the City did agree to run to the City limits. VICE MAYOR CLARKE said he thought it was the duty of the Council to carry out the agreement. COU'CILMAIT INGALLS asked if it is going to be necessary to acoulre any more- s a0 ments to put this into effect. ATTORNE7 CAkestale said we would have to obtain a 35 foot easement Crum Mrs. Cusack, and in the event it is done it should be a condition. We will carry out the terms of the original agreement subject to Mrs. Cusack granting the City the right to enter upon her property 3/4 445 by way of an easement. Moved by Ingalls, seconded by Hart, that this procedure be followed. Carried, all Councilmen present voting aye. ATIO7PEY CAM°BELL said that Mr. McCormack evidently presented a petition or letter to the Planning Commission prior to Feb. 11, 1952, and the Planning Commission approved an annex- ation of his property to an R-1 zoning. Mr. McCormack has not signed the petition, he was to call at thelAttorney's office and was so notified. Mr. Campbell said he has nothing befr^c him showing that Mr. McCormack does want to come into the City under the annexation proceedings. The Council has the right to initiate it under its own resolution, but it is his recommendation that the Council wait until the petition is signed by Mr. McCormack. Moved by Ingalls, seconded by Hart, that the Attorney's recommendation be followed. Carried, all Oouncilmen present voting aye. ATTORNEY CAMPBELL stated Hr. Beuthel asked the City to enter into a supplemental agreement which was forwarded to him by the San Diego and Arizona Eastern Railway Company. It is a supplemental agreement to the agreement entered into by the City in 1949 for the construction of the pump and underpass et 18th Street under the railroad right of way. RESOLUTION NO. 5654 was read, approving a supplemental agree- ment between the San Diego & Arizona Eastern Railway and the City of National City. Albert Clarke, Actins Mayor of the City nt National City, is, and he is hereby authorized and directed to execute the same for and upon behalf of said City. Moved by Curry, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5655 was read, authorizing the City Engineer to prepare plans and specifications, estimate of costs and maps 3/4 448 for the proposed improvement district for paving and sidewalks on Roselawn Street between -L" and °N° Avenue. Moved by Ingalls, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL said that at the last meeting Mr.-Luhnow was refunded $245.00 for his sewer permit, and the entire payment was made from Capital Outlay funds. The money had been deposited as follows: $170. In the Capital Outlay Fund and $75. in the General Fund, and if possible he would like this corrected. There is one other error made at the last meeting; $24.69 was paid to the National Lumber Company from the General Fund and that should have been paid from the Capital Outlay Fund. RESOLUTION FO. 5656 was read, stating that on February 20, 1952, by Resolution Po. 5646, a sewer deposit refund of $245. was made to E. L. Luhnow, which was paid entirely from Capital Outlay Funds, and only $170. should have been paid from said fund, and the bzlance of $75. should have been paid from the General Fund; and on February 20, 1952, there was paid from General Fund and 8hargad to Fund 3, Storeroom, the sum of $24.69 to the National Lumber Company, and said expend- iture was for capital assets and should have been paid from the Capital Outlay Fund. It is the desire of the City Council to correct that transfer. NOW, THEREFORE, B1 IT RESOLVED by the City Council, as follows: That the sum of t75. be trans- ferred from General Fund to Capital Outlay Fund, and thet the sum of $24.69 be transferred from Capital Outlay Fund to General Fund. Moved by Hart, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL said he had prepared a resolution accepting 3/4 447 the deed for the Community Building. RESOLUTION NO. 5657 was read, accepting the following des- cribed parcel of reel property by the City of National City. Said property being a portion of Ei WW of 10 Acre Lot 5, Quarter Section 154. The City Clerk of National City is hereby authorized and directed to receive the deed for the aforesaid property and to record same. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. CITY MANAGrR SEIFERT stated he would like to recommend that the Council grant an extension of 15 days on the contract of T. H. Barber who is replacing our broken sewer line at the Seventh Street Channel. We ran into more difficulty than was anticipated. Moved by Hart, seconded by Curry, that the recommendation of the City Manager be approved. Carried, all Councilmen present voting aye. COUNCILMAN CURRY stated that on Division Street we have a considerable amount of materials on school property, and it is his understanding that the school is requesting that this be moved off and the land graded and put in shape for school purposes. CITY MA"LGIR SEIFERT stated this is being taken care of. TOM LEONARD was present and said he thought the five day park- ing on Highland Avenue should be reduced. If we are not going to have perking meters some limit other than the five day limit should be put on. The Police cannot move the parked cars until they have been there five days. This was taken up with the Traffic Commission and they stated they did not believe in having anything passed that could not be enforced 100 percent, and Mr. Leonard said he thought that was going a 3/4 448 little too far. Mr. Leonard said he would like to see this ohanged to something less than five days for the good of business. COU!TCILMA]T HIS T said the Council has not given up the idea of parking meters, it just takes a little time. HRS. KODISH was present and said she waited all evening to see what decision would be made about the letter from Mrs. Boettger on the refund of the dog license. Is it to be filed, or will it be taken care of? VICE MAYOR CLARKE stated the letter was filed by the Council, but he has talked with Chief of Police Smith and asked him to get all the facts pertaining to the case, but he has not as yet received the information. COiJ1TCIL- MAN INGALLS stated this matter has not been dropped, it was diseussed only today, so it is not something that is buried. MRS. KODISH said she noticed the City Attorney referred to the annexation of Mr. HeCormack's property, which was recommended by the Planning Commission at the last Council meeting, and at that time it see ed very imperative that this be decided immediately, and also there was some discrepancy in the amount of land. According to the Planning Commission's recommendation it wes to be 297 feet, however that property consists of 10 acres, and she woniered if the gentleman who owns the land is not so anxious to b-t it annexed, what is the rush in annexing this property. VICE MAYO-I CLARKE stated the Attorney wants to get the owner of the land in so he can talk with him and Mr. McCormack has not seen fit to do that, so you can rest assured that the Council is not going to do anything until we know something definite one way or the other. Moved by Hart, seconded by Ingalls, that the meeting be 'nosed. Carried, all Councilmen present voting eye. sag ? aL3Q VICE MAYOR, CITY OF NATIONAL CITY, CALIFORNIA ATTEST: CITY CLERK 3/4