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HomeMy WebLinkAbout1951 04-04 CC MIN585 National City, California, April 4, 1951 Regular meeting of the City Council was called to order by Mayor Clinton D. Matthews at 7:30 P.M. o'clock. Councilmen present Carrigan, Clarke, Curry, Hart, iatthews. men absent: None. Council - Moved by Hart, seconded by Clarke, that the reading of the minutes of the regular meeting of March 27, 1951, be dis- pensed with. Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICIALS present: Alston, Sullivan, Gautereaux, Vansant. S. D. LOUCKS, 2525 National Avenue, was present and stated that he is opposed to the salary paid the City Attorney and to the money paid for extra legal services. He said that he felt this was entirely out of line for a City the National City, and that he was going to fight it. size of CITY MANAGER SULLIVAN stated she met with the Library Board and Mrs. Baeder has reconsidered her resignation on the proviso that she would be eligible to the same policy of permitting her to live outside of the City as granted to the other employees. RESOLUTION NO. 5419 was read, extending the following named employee may comply the Civil Service Rules to May 2, 1952: 4385 Vista Coronado Drive, Chula Vista. seconded by Hart, that the Resolution be all Councilmen present voting aye. the tip in which with Rule 12.1 of Ellen Baeder, Moved by Carrigan, adopted. Carried, 4/4 586 COMMUNICATION FROM FIRST METHODIST CHURCH was read, express- ing their thanks for the use of the Park Memorial Bowl for the Easter service. MAYOR MATTHEWS ordered the communicat- ion filed. COMMUNICATION FROM BO—RD OF SUPERVISORS regarding Lower Court Reorganization, San Diego County, was read. The Board of Supervisors is submitting the proposal as stated below to the Judicial Council of California for its consideration and comment, and request that the City Council study the proposal and advise the Board of its feelings in the matter. The pro- posal is to divide the area now comprising National Township into 3 judicial districts: 1 consisting of the city of Coronado, 1 consisting of the city of National City, 1 con- sisting of the balance of the area. Population data indicates that this will result in the establishment of justice courts in Coronado and National City, and a municipal court for the balance of the area to be housed in Chula Vista. Moved by Hart, seconded by Curry, that we approve the recommendation of the Board of Supervisors. Carried, all Councilmen present voting aye. REQUL::T FOR REFUND ON BUSINESS LICENSE of $5.00 by Grady Neeley, was read. The request was approved by CITY TREASURER VANSANT. Moved by Cu},ry, seconded by Clarke, that the request be granted. Carried, all Councilmen present voting aye. APPLICATION FOR BEVERAGE LICENSE by Adelaide P. Johnston, 24. E. 24th Street, for off sale beer and wine was read. CITY MANAGER SULLIVAN stated this is a small grocery store and the Acting Chief of Police has checked it, there are no schools 4/4 587 or churches nearby. MAYOR MATTHEWS laid this application over until next week to allow time for the Council to check the location, etc. BILLS AUDITED by the Finance Committee presented: General Fund $5,866.18 Capital Reserve Fund 322.31 Library Fund 162.17 Park Fund 15.6 Planning Fund 82.05 Retirement Fund 8,967.73 Street Fund 1 p TOTAL $15, 29.37 Moved by Curry, seconded by Clarke, that the bills be allowed and warrants ordered drawn for same. COUNCILMAN CARRIGAN stated that according to the balance of the Fund Control report which he has as of March 31, 1951, it shows a balance in the General Fund of 14,697.00, with this deduction of $5,866.00, and today a payroll was signed in excess of $15,000.00, he wondered just how the money would be obtained to meet the payroll. CITY MANAGER SULLIVAN stated that it is not unusual for any one amount of cash credited the Council have before of the funds to have an inadequate to it. The financial statement which them shows there is in excess of $360,000.00 in cash on hand. You are no doubt familiar with the fact that the Library Fund and some of the other funds do not have any money or very little in them until the taxes are paid. The revenue of the City does not come at the same time as the expenditures, and it has been a practice in municipalities there is cash on hand to pay the bills as long as revenue is in sight. It is not unusual for any one of the funds to be in the "rec° and during the spume of this fiscal year a number of the funds have been in the fired" from time to time, and the fund balance as of any one 4/4 588 month doos not reflect the total financial state of tho City. You havo a three-quartor roport beforo you, than aro a number of transfers from othor funds that belong in the Gonoral Fund, when thoso transfers are mado tho balance in the Gonoral Fund will bo far in excess of ghat you need as of this dato. That money is in cash on hand in the bank. COUNCILiLN C_RRIGSN said ho would like to point out that if the payroll is carried on at the same figure that has been prevalent for the last several months, and these bills are approved tonight, tho total budget will be in the "red" in tho amount of :4,972.22. You havo a sur- plus of $360,000.00, but the beginning of 1950 you had a surplus of $476,000.00. Tho point, Ur. Carrigan said that ho is trying to make, is that if you continuo on at tho rate you aro going, by the and of tho fiscal yotr thorn will bo no money of any kind loft, and that he thought it is time boforo those bills are ap- provod that tho Council givo this a good deal of sorious consider- ation, and if necessary take a complete right about face action and seo just whore you are going before you go any further, CITY ...NYGER SULLIV:.N said that in view of Mr. Carrigan's convic- tion in this matter, she had p]. nnod to make a request to the Council that we havo a financial statement preparod by a certified public accountant) From hor information from tho Clerk's books, from her undorstanding of municipal finance, Mrs. Sullivan said this City is in good financial condition. It will show a surplus at the end of the fiscal year. Tho Clerk's books aro kept for the• most part according to the budget, but not complotoly, which is not c reflection on thc "fork, it is a now mechanized system. firs. Sullivan said she has spent considerable timo going through tho accounts and found where adjustments are necessary in order that they be properly charged against tho items that the Council budgeter' The statement before the Council is in relation to the budget with the transfers of inter -fund accounts. It does not reflect that in trust funds accounts where thoro may be dopartmonts within the General Fund who 4/4 589 have done work for some other department where it was budget- ed in one and salaries or labor costs paid out of another. You have twenty-two percent of your budgeted expenditures remaining to spend in the last quarter, in the General Fund. There is no doubt that there may be some of the revenue that will not be as high as that estimated, but you will find that even though you have appropriated additional money after your budget was adopted that your expectant income will ex- ceed your expected expenditure. For the sake of everyone's understanding, that to make certain that you are keeping within your revenue structure and within your expenditure structure that you have a nine months statement that is certified. COUNCILMAN CARRIGLN said that might be well and that he meant not to put the blame entirely on the City Manager, that the Council is equally to blame in this part- icular matter. COUNCILMAN CLsRKE said the figures on the statement to him represent dollars and cents. He believes it is the duty of this Council to present before the people of this community a concrete statement of the financial con- dition of the City regardless of what it costs accountant to give that picture to the people. ALSTON stated that it has been some time since for a public CITY CLERK our General Fund has been this low at this time of the year, and it will be overdrawn tomorrow although we do have money in City funds, it is not in the General Fund. iiRS. 2thSTON said she does not feel that she is in a position to pay bills where there is not money in thct particular fund, and she would like to have a transfer, as a loan, until Revenue is forth coming. According to our budget we have a ld't of money Coming in to the General Fund, but at this time it is not 4/4 590 here and she would like to have money in the fund before she signs her name to the checks. CITY MANAGER SULLIVAN stated Mrs. Alston has not had an opportunity to look at the trans- fers for the General Fund that is owing to it, and that when she reviews them, Mrs. Sullivan said she was sure she would agree. It is unfair to discuss it when Mrs. Alston has not had an opportunity to study it. The General Fund will have a balance in it of $44,366.00 when the budget transfers are made. COUNCILM;AN CARRIGAN said that while we are on the subject of the General Fund and transfers involved, there are several other transfers that we should make at this time. 0n June 28, 1950, there was a transfer made from the 1946 Sewer Fund, it may be correct, but until we have this item straightened out that it would behoove the City Council to place the money back in the particular fund. Mr. Carrigan said he spoke to Mr. Matthews and 'sir. Hart this afternoon regarding these transfers, and that he would like to make that the next order of business if it meets with approval. MAYOR MATTHEWS,asked if there was enough money in the General Fund to meet the bills, or lay it over until next week. COUNCILMAN CARRIGAN recommended it be laid over until next weak. CITY MANAGER SULLIVAN said it would do no harm to hold the bills over, there is ample money that should be credited to the fund that will more than pay the bills. COUNCILMAN CLARKE said the method used on the Council as long as he can remember in the paying of bills, it is more or less a matter of formality for the Finance Committee to go over these bills. The City has obligated for them and he cannot see any reason why they cannot be O.K.'d, if not then he would like to know why. COUNCILMAN CARRIGAN said he is 4/4 591 merely recommending that it be laid over until we get the matter straightened out and make sure that the transfers that are made this time are in the correct manner. COUNCIL- MAN CURRY said he made the motion that the bills be allowed and the City has the money and sees no reason for delaying it. MAYOR MATTHEWS asked Mrs. Sullivan if she would make the statement that the money is available to pay these bills. CITY MANAGER SULLIVAN said the money is available to pay the bills. MAYOR MATTHEWS asked if the transfers could he made to satisfy the City Clerk. CITY MANAGER SULLIVAN said the City Council would have to transfer unless the City Clerk is willing to adjust her books where the transfers are called for by the budget. CITY CLERK ALSTON said she would like Council action. Carried, by the following vote to -wit: Ayes: Clarke, Curry, Hart, Matthews. Nays: Carrigan. MAYOR MATTHE17S asked Councilman Carrigan if he wantod to take up the other items tonight without an Attorney. COUNCILMAN CARRIGAN said it can easily be done without an Attorney, we are merely reversing the Attorneys word on the subject and putting the items back in the manner in which they were taken out. MAYOR MATTHEWS suggested that this be held over until next week at which time we hope to have an Attorney. COUNCIL- MAN CARRIGAN said the Attorney has nothing to do with this, it is strictly the City Council's responsibility. Mr. Carrigan said it was an illegal transfer and it should be corrected, later on if we find that the transfer is legal and can be allowed it is a simple matter for the Council to reverse their resolutions again. MAYOR MATTHEWS asked if Mr. Carrigan had the word of an Attorney on this matter. We had the word of the Attorney, the City Manager and the 4/4 592 Auditor to mako the transfer, what would we base the trans- fer on now. COUNCILMAN CARRIGAN said you have this: The 1946 Sewer Fund was set up by Ordinance, and this Council has abolished that Ordinance by Resolution, which according to his understanding of the legal workings of the law it cannot be done. MAYOR PL.TTIEIds said without an Attorney to prove that, it cannot be proved hare. COUNCILhAN CARRIGAN said as he understands it, this was a 1946 bond issue and in April 1946 Ordinance No. 716 was drawn and Section 4 reads: "That the proceeds of the sale of said bonds shall forthwith be turned over and placed to the credit of a fund of the City of National City, to be known as "1946 Sewer Bond Fund," and shall be used exclusively for the acquisition, construction and completion of the municipal improvement described in the recitals hereof-" It states a specific issue and the only way you can put that money into the General Fund is by appropriate court action, which has not been done. Mr. Carrigan stated he may be wrong, but in the interest of all concerned, that it would be well to revert this particular item back to a status quo until we have a thorough investigat- ion, by a qualified Attorney. If that is wrong and you still want it transferred back then it can easily be done. As far as the entries on the book are concerned it is merely paper work, and there can be no harm done by the retransfers, but there might be a lot of harm done if they are not transferred. CITY MANAGER SULLIVAN stated that at the time this was put in the budget, and it is budgeted, if you make a change in the fund you are changing your budget as adopted which will affect some of your other actiritiee. The history O. t}:t.g fund is not before you. It ie not a simple matter, the fund 4/4 593 has a long history, Mr. Collura traced it back as far as he could. The Ordinance is not the only thing that is involved in it, and the minutes of the past meetings will no doubt reveal its history. COUNCILrAN CARRIGAN said that inasmuch as there will be no harm done by transferring them back to the proper accounts, he could see no reason for all the arguments. CITY MANAGER SULLIVLN said you are changing your budget. The Sewer Fund was budgeted by this Council. MAYOR MATTHEWS said we agreed to lay over this item and he would hesitate to take action without the advice of an Attorney, and that we should have one by next week. COUNCILMAN CARRIGAN said he is requesting that the Resolution bo read, and was he to understand that the Council is refusing. MAYOR MATTHEWS, said that would be up to the Council. MAYOR MATTHEWS and Councilman Curry said they had no objections to having it read but that we should take no action without a City Attor- ney. COUNCILLMAN CARRIGAN said there were five resolnti,r_s. CITY CLERIC ALSTON stated she had been requested to prepare these this afternoon, and it is on Resolution Noe 5250 in which we discontinued the 1946 Sewer Fund last June 28th. It puts it back where it was previously. Five Resolutions were read; COUNCILMAN CLARKE asked who' drew up the Resolutions; COUNCILMAN CARRIGAN said they wore drawn up on his authority and on the Mayor's authority and Mr. Hart's authority. COUNCILMAN CLARKE said he objected to such attitude. MAYOR MATTHEWS said Mr. Carrigan appraised him of the fact that he had authorized these to be drawn up, that'did not necessarily get his authorization, Mayor Matthews said he•did not object to having them drawn up but did object to passing them. COUNCILMAN CLARKE said he thought three members of the Council 4/4 594 were far exceeding their authority to go ahead and do such a thing. Councilman Carrigan made a motion that the resolut- ions be adopted, as read. COUNCILMAN HART said he would like to see them held over until we have an Attorney. MAYOR MATTHEWS stated that since there was no second to Council- man Carrigan's motion that this bn laid over until the next mooting, and that wo would be sure to have an Attorney by then and give this some study. Mayor Matthews asked if the Council wished to take the matter of an audit under consider- . ation at this time. Since these items have been raised and there seems to be some uncertainty the gray tho books are set up and the amount of money we have on hand, that it is necessary now that we have an audit. COUNCILMAN CARRIGL•N said there is no question as to the books being set up proper- ly, tho only question is that you are making expenditures over and above the budget. MAYOR MATTHEWS said he thinks that mast businesses are making expenditures over and above their budgets this year, costs have doubled in many cases, we gave the employees a raise and authorized other expendit- ures that were not budge-;ed. If we had met had the money tit do those things wo would not have authorized the expenditures, and that he fully expected to go over our budget. We bought a lot of equipment when we could get it which we possibly not could have done without, now we could/get some of it even if we wanted to. COUNNCILMAN CURRY said he feels that it is un- necessary expenditure at this time to audit the books and he is convinced that they are all in line. COUNCILMAN CARRIGAN said there has never been an intention on his part at any- time to say that the books are in any vaay out of line, they are no:.. MAYOR MATTHEWS stated that dr. Clarrigan°a ObjectiO.I 4/4 595 is that we are spending more money than was budgeted. COUNCILMAN CARRIGAN said that was correct and he is contend- ing if you continue on at the rate you aro going by June 30th there will be nothing loft to budget. MAYOR MATTHEWS asked if the Council wished to have another meeting on the hiring of a City Attorney and whether we have any other applications or know of anyone that would like to be interviewed. We have one request from an Attorney that would like to be interviewed Friday night and asked if the Council would meet at 7:00 P.M. Friday night, April 6th to interview the applicant. RESOLUTION NO. 5420 was read, authorizing the payment of $322.31 from the Capital Reserve Fund as follows: Walter H. Barber, $318.31, Completion of Lateral Sewer Contract; County Tax Collector, k4.00, Option #5328. Moved by Clarke, second- ed by Curry, that the Resolution be adopted. Carried,, all Councilmen present voting aye. CITY CLERK ALSTON reported that the unofficial count on tho election held yesterday was Yes 1364, No 486. A total of 1,850 votes were cast out of 6,282 registered voters. CITY CLERK ALSTON stated that City Planner Wagner asked that she bring this matter to your attention tonight. The Planning Commission has given notice of a hearing for redistricting and they would like to have the Council hearing April 17, 1951. It will be necessary to take action at this time in order that it can be advertised this week. It is the aroa between 16th and 17th Streets and National Avenue and 4B' Avenue. Moved by Carrigan, seconded by Hart, that the hearing be held 4/4 596 April 17, 1951 at 8:00 P.M., and that the City Clerk be authorized to advertise for same. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION regarding the moving of the structure from lot 5 to lot 6 in Block 29, City Plat, was read. The Planning Commission accompanied by the City Planner inspected the premises at 2830 National Avenue. Mr. Thomas Forbes of the Community Redevelopment Agency has seen the proporty and stated that the Agency would not object if the garages wore to bo used by the tenants for storage of their cars, but would object if the structure were to be used as a repair garage. The Planning Commission approved the request provided the building bo raised to proper height, putting on new overhead garage doors, painting the building and making it otherwise presental4e. The City Planner agrees with this action. Moved by Carrigan, seconded by Hart, that permission be granted with the stipulations set up by the Planning Commission. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMLLISSION, regarding the petition requesting removal of the City Barn to some other location, was read. Mr. Christman feels that they are located at the right place, but should be improved on the exterior so as not to adversely Affect the Boys' Club, the new Fire Station or City Park developments. It was the recommendation of the Planning Commission that the City Barns remain in their present location but that future improvements be of substant- ial construction and designed in a manner that would not affect the Boys' Club, new Fire Station or City Park develop- 4/4 597 ments. REPORT FROM THE PLANNING COMMISSION regarding Potition No. 384 of Gordon and Hattie Kimball, 1041 E. 17th Street, was read. They request permission to build a triplex 22' x 60' on their 100' x 1351 lot which has a two-family residence on it at the present time. The Planning Commission approved the request subject to a 10 foot side yard. CITY CLERK ALSTON said this would have to be laid over until the next mooting before action can be taken. CITY MANAGER SULLIVAN said she received a letter from tho San Diego Transit Company subsequent to the letter the Council ordered written to the Transit Comp -my and thc Union, They indicated their interest in working toward ending the strike, which is now ended. Mrs. Sullivan said she thought the Council would like to know that they did reply. CITY MANAGER SULLIVAN stated the Board of Equalization hear- ing will be held tomorrow on the protest of the liquor license on Highland Avenue next to Leonard's Music Store, and inasmuch as we do not have a City Attorney at this time, she would like the instruction of the Council whether they wish to have someone else appointed. firs. Sullivan said she would bo present at the hearing to present the case for the Council. i:AYOR HisTTHE33 said he called Mr. Warner and he will help out if we do not hire an Attorney tonight, and if there are no objections he would like to have Mr. Warner represent the City. Moved by Clarke, seconded by Curry, that Mr. Warner represent thc City at tht. hearing with the State Board of Equalization. Carried, all Councilmen present voting ayes 4/4 598 CITY MANAGER SULLIVAN said she received a request from the Rotary Club to place a Rotary Club sign in a suitable place in the area probably near tho Annex, COUNCILMAN CARRIGAN said the reason for tho request is for means of identificat- ion. Most of tho Servico Clubs aro meeting at the Annex and the Rotary Club followed on the assumption that perhaps all tho Clubs should have their cmblom in front of tho Community Bldg. inasmuch as that is their regular mooting place, and perhaps an appropriate sign with the meeting days and the time for all the Clubs should bo erected. MAYOR MATTHE'73 suggested this be referred to tho Planning Commission and a letter be written to oach one of the Clubs requesting that they appoint a representative to meet with the Planning Commission. The Lions Club in tho past furnished tho stand- ard at the entrancos to the City and had them erected so that each one of the Service Clubs could be ropresontod. That typo of a standard at the Community Bldg. would bo suitable. Mayor Matthews also suggested that a permanent sign of some type be used. COUNCILMAN CLARKE said any entrance to the City is an ideal place for such signs, but pooplo who are interested in attonding those various clubs have to find out the location of the Community Bldg. It is a good idoa to have some directional sign on the main street. CITY MANAGER SULLIVAN said she received a letter from a man who just bought a lot which ho thought was in National City. His wostcrly boundary is the city limits of National City and San Diego on Maropose. This is tho arca whore all of tho pieporty owners an naripesa expresso& a desire to aa= to National City, but they are in tho City of San Diego and it 4/4 599 is complicated. This particular roquest is whether or not ' wo would permit him to hook on to tho sowor that is immodiatoly adjacent on Rachaol. HRS. SULLIVAN said sho would liko to know whother this kind of roquost meets with the Councills approval on the basis of paying an extra rental eharge. MAYOR MATTHEWWS asked if the Council would have any objoctions to our offering assistance to thoso p ople to get thoir request in proper form for them to present to tho City Council of San Diego. iie should not take any action or allow the sower to go into San Diego until this has boon tried. COUNCILMAN C.RRIGLN said ho thought the Council should tako no action. iLLYOR MATTHEWS said this would be betwoon the people living in San Diego and the San Diego City Council, wo would have nothing to do with it. COUNCILiiIN CL.LRKE said he was in favor of assist- ing the people but ho would not want to obligate the Council in any way. CITY LiaNLG.R SULLIVSN said sho would inform tho property owner of the petition of his neighbors and at such time as they may bo successful in their annexation, sowers will be available to them. CITY iri."_NLGER SULLIVAN said there is in preparation a nino months summary of activities sinco July 1st and will be available by tho end of the weak. COUdCILM.4LN HLRT said ho has roquostod a number of timos that a study bo made by tbn Traffie,Commiaeion rogarding the stopping of bussos after thoy cross the intorsection. The only place chcty meico this kind of a stop i* at 8th and National Avenue, and he would like to see some action taken. CITY MANAGER SULLIVtN said that this has been called to the 4/4 600 attention of tbn Traffic Safety Commission, and she will remind them again. COUNCILMAN CARRIGLN asked who was responsible for placing the double pole tow switch Ond timo clock in such an extreme- ly low position whore oven tho youngsters reach it. CITY MANAGER SULLIVAN said it is supposed to be high onough for a policeman only, if it is too low it can be changed. We can have a report at tho next mooting. Our electrician did the installation. CITY CLERI{ LLSTON said she would like to oxpross her appreciat- ion to tho Fire Department and to the Street Department in assisting her with our Special Municipal Election. Tho boys in the Fire Department on their recreation hour in the oven- ing assisted in stuffing the envolopos with the sample ballot, literature, etc. Tho Street Dopt. so ably assisted in distributing the equipment to be used at the precincts. COUNCILMAN CURRY said he thought the Subdivision Ordinanco is woak in some respects. In putting in the streets in tho subdivisions any typo of soil can be used that happens to be available. Mr. Curry said he thought thoro should bean analysis made of tho soil or else wo should consider requir- ing decomposed granite or some soil that fs suitable to mix with the oil in ordor to make a more or less permanent oiling job. MAYOR MATTHEWS asked if it would be suitable to have the Planning Commission check into this and mako rocommond- ations. COUNCILMAN CURRY said he thought the Engineer would be able to give us somo light on this subject and is possibly familiar with tho typo of scil that is being tripod in o•.r 4/4 6o1 subdivisions. MAYOR M&TTHEIIS said that the Enginoor and tho Planning Commission could consider this item, thoro may be some other items in the Subdivision Ordinance that could be changed at the same time. COUNC U M&N CURRY said ho would like to go on rocord as favor- ing somo sort of a proposition that might be taken up with all of the Citics that aro involved Luring a bus strike, so that we will not all suffer again as wo did recently. Mr, Curry suggested a lottor be sent to the Transit Company requesting a meeting in this regard. MAYOR MATTHEWS askod Mr. Curry if it would be suitable for him to take up his suggestion at the next Mayors' mooting. Moved by Hart, seconded by Carrigan, that the mooting bo closed. Carriod, all Councilmen prosont voting aye. l lY ►N..rQ ' L eiG2 , MAYOR, CI 0 ATI L CITY, CALIFORNIA ATTEST: CITY CLERK 4/4