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HomeMy WebLinkAbout1951 04-10 CC MIN602 National City, California, April 10, 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, Matthews. Councilmen absent: None. Moved by Clarke, seconded by Hart,that the reading of the minutes of the regular meeting of April 4, 1951, be dispensed with. Carried, all Councilmen present voting aye. ADMINISTRATIVE OFFICIALS present: Alston, Sullivan, Gautereaux. MAYOR MATTHEWS stated the first item on the agenda is the hiring of a City Attorney. RESOLUTION NO. 5421 was read, appointing E. M. Campbell as City Attorney, and that he is to receive the sum of $500.00 per month as compensation therefore. Moved by Clarke, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. BILLS AUDITED by the Finance Committee presented: Payroll Fund $20,172.60 Moved by Curry, seconded by Hart, that the bill be allowed, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. APPLICATION FOR BEVERAGE LICENSE by Adelaide P. Johnston, 24 E. 24th Street, for off sale beer and wine, laid over from the last meeting, was presented. COUNCILMAN CARRIGAN thought a protest should be voiced on the grounds that there are too many licenses already issued. There being no further objections, Mayor Matthews ordered the application filed. 4/10 603 COMMUNICATION FROM D. R. TYSON, offering to purchase the City's property consisting of the block between 14th and 15th streets on National Avenue, was read. CITY MANAGER SULLIVAN stated that we have two appraisals, ranging from $17,500. to $35,000. MAYOR MATTHEWS stated if the Council decides that they want to sell the property we will have to decide the amount of money we would be willing to accept as a bid, and it would be open to anyone who wishes to bid. COUNCILMAN CARRIGAN suggested that in view of the wide discrepancy in the two appraisals that it would be well to take this under advisement to arrive at the correct answer. MAYOR MATTHEWS said he thought there should be another appraisal made and that this be held over until the next meet- ing and have City Manager Sullivan arrange to have another appraisal. MAYOR MATTHEWS asked that this matter be referred to the Planning Commission and give a report at the next meeting. REQUEST OF NATIONAL CITY EIE MENTARY SCHOOL DISTRICT to purchase 4.5 acres on Division Street between "Re and presented. CITY MANAGER SULLIVAN stated the whether the Council would accept their offer for th'_s prcporty. COUNCILMAN CARRIGAN said school purposes we should accept the offer. 1V Avenues, was School Board asked of $1,500. an acre he thought that for The rest of the Council were in accord with the acceptance of this offer. COMMUNICATION FROM PERCY H. GOODWIN COMPANY regarding the park- ing lot at 8th and iPA" Avenue, was to a Lase to the City on property is the northwest corner of 9th and read. This was in reference owned by Swart Goodwin, which ''A° Avenue. The City would hire the attendant and pay the attendant. As rent for the property, the following formula will be used. After deducting the cost of the parking lot attendant and City and County taxes, which payment 1s to be made by the City of National City, they will pay to the lessor 75% of the remaining net income from the operation of the parking lot. The lot owned by 4/10 604 Goodwin would be operated in conjunction with the area owned by the First National Bank and that at all times there would be twenty-one spaces for bank customers before any charge was made. It is further suggested that a two year lease be drawn and that Goodwin have the privilege of cancelling the lease on the area owned by him upon sixty days notice, and the payment of the pro rata cost of black -topping the area still remaining to be amortized over the two year period. The City would have the right of refusal of the property in event of sale, providing they exorcise their right to purchase within fiftoen days of Goodwin's notifying them of any bona -fide offer to purchase. CITY MANAGER SULLIVAN stated that in the preliminary report of the traffic study that off street parking was recommended, and Mr. Simmons has been in conference with the First National Bank and the Percy Goodwin Company over a period of time and has made a count on the turn over on this particular lot. The turn over is quite steady at 85 ears per hour between the hours of 10:00 A.M. and 6:00 P.M. The bank requires 21 spaces for their customers but the City would net $10.00 per day. It would control the lot, and make parking available at a reasonable rate and not permit cars to park all day. It would be necessary to have an agree- ment with Mr. Goodwin and the First National Bank. COUNCILMAN CLARKE questioned the cost of black topping the lot. CITY MANAGER SULLIVAN said there was very little space that needed attention. COUNCILMAN CARRIGAN suggested that we give it a trial run before any money is spent for black topping. ATTORNEY EDWIN CAMPBELL suggested a temporary lease until June 30th for the trial period. CITY MANAGER SULLIVAN said she thought Mr, Goodwin would be will - bag to eater into an agreement on.a cancellation basis. Moved by Carrigan, seconded by Hart, that the Attorney be authorized to draw up an agreement in such a manner that it would either be entirely cancelled June 30th or a new agreement entered into 4/10 605 at that time. Carried, all Councilmen present voting aye. CITY CLERK ALSTON announced that she would like to canvass the ballots of the Special Municipal Election held April 3, 1951, at this time. The ballots worn canvassed and the results announced. RESOLUTION NO. 5422 DECLARING THE RESULT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF NATIONAL CITY, CALIFORNIA ON THE 3RD DAY OF APRIL, 1951. Whereas, a Special Municipal Election was held and conductod in tho City of National City, California, on the 3rd day of April, 1951 as required by law; and WHEREAS, it appears that Notice of said Election was duly and regularly given; that voting precincts wero property estab- lished; that election officers were appointed and election supplies furnished; and that in all respects said Eloction was hold and conducted and tho votos cast thereat received and canvassed, and the roturns thereof mado and declared in timo, form and manner as roquirod by the laws governing oloctions in cities of the sixth class; and WHEREAS, tho Council of said City of National City mot at tho Council Chambor in the City Hall of said City of National City, on Tuosday, April 10, 1951, to canvass tho roturns of said election, and as a rosult of which tho Council finds that the number of votes cast, the measures voted upon, and other mattors roquirod by law, to be hereinafter stated: NOW, THEREFORE, BE IT RESOLVED by tho City Council of the City of National City, California as follows; That said Spooled Municipal Election of the City of National City was hold and conductod in tho City of National City, Stato 4/10 606 of California, on Tuesday, the 3rd day of April, 1951, in the time, form and manner as roquirod by law. That thore wore twelve voting procincts ostablishod for tho purposo of holding said o]c ction, consisting of tho con- solidation of the regular oloction procincts ostablishod in tho City of National City for tho holding of Stato and County elections. That said consolidation was regularly and duly ostablishod by Rosolution No. 5401 of tho City Council of tho City of National City. That the wholo number of votos cast in said City at said Special Municipal Election was 1850 votes. That tho numbor of votos given on tho measures horoinafter sot forth are as follows: FOR THE MEASURE, "Shall Ordinanco No. 809, 'An Ordinanco for Police rogulation, relating to card rooms and places where card tables aro kept for hire or public use in tho City of National City, California; ropoaling soction 37 of Ordinanco 708; ropoaling soctions 2, 3, 4, and 5 of Ordinanco 760, and repealing all ordinances or parts of ordinancos in conflict horr;;ith', be approved?" PRECINCT NO. YES NO TOTAL A 82 24 106 B 164 67 231 C 165 66 231 D 183 17 200 E 94 36 130 F 182 55 237 G 79 36 115 H 109 44 153 I 79 37 116 J 64 49 113 K 91 19 110 ?, 72 36 108 That the number of votes cast by absontoo voters at said oloction havo boon canvassed and countod and aro in- cluded in tho precinct returns as horoinabovo stated. 4/10 607 BE IT FURTHER RESOLVED THAT tho moasure: "Shall Ordinanco No. 609, 'An Ordinance for Police rcgulation, relating to card rooms and placos whoro card tables aro Wept for hire or public usa in tho City of National City, California; repealing section 37 of Ordinance 708; ropoaling soctions 2, 3, 4, and 5 of Ordinanco 760, and ropoaling all ordinances or parts of ordinances In conflict horowith' bo approvod4e recoivod tho assont of a majority of tho ouelifiod oloctors voting at said oloction, and that thoroforo said moasuro and ordinanco was approvod and/or adoptod. AND BE IT FURTHER RESOLVED that tho City Clork of tho City of National City is horoby diroctcd to ontor this Rosolution upon tho Minutes of tho City Council of said City. Moved by Carrigan, soconded by Hart, that tho Rosolution bo adoptod. COUNCILMAN CIARKE askod whether this moans that the card rooms aro now bannod or just rogula tod. Tho Ordinanco status "polico re- gulation" and askod that this bo clarified. ATTORNEY CAMFB ELL stated that it prohibits tho card rooms, tho word "roguia tlon" is used in its broador sonso In this instance. MAYOR MATTHEWS asked how soon this would go into oftoet. ATTORNEY CAMPBELL Said it is in offoct upon tho passing of tho Rosolution of canvass. Carriod, all Councilmen prosont voting aye. REPORT FROM THE PLANNING COMMISSION regarding tho approval of final map of Bovorly Glen, was road. Tho Commission examined an incomploto final map of Bovorly Glen at its meeting of April 2, 1951. Tho map did not havo all of tho dimonsions and calculations complotod on it. It was tho rocommondation of tho Planning Commission that the final tracings bo submitted to tho Pia nnor for -approval boforo it is presented to tho City Council. A communication from City Plannar Wegnor was road which stetod that ho had oxaminod tho final map of Bevorly Glen and found it con- forming to tho tontativo map approved by tho City Council on 4/10 608 March 27, 1951. The Planning Commission approved this map subject to final chock by tho City Plannor« CITY MANAGER SULLIVAN stated that tho Associatod Construction Corp. has furnished a porformanco bond in the amount of $15,000. Tho City Engineer has ostimetod the cost for the improvomont at $15,059. and ho thought that tho $15,000. bond was adoquato to covor tho ostimato. Tho Wator Company have boon in convorsation with tho subdividors ovor a poriod of time, and Mr. Poultor pointed out today that this was tho first time thoy had boon askod for furnish a lettor on case- ments. They have gone over the map and they aro satisfied with boing able to furnish the subdivision with water, howevor their Board of Diroctors is at tho moment in a plan to submit to the Public Utilities Commission a rostriction on any oxtonsion of water, and ho was unwilling to give a letter to that effect, although ho told tho subdivider that the easements wore satis- factory and ho also said they were preparing a contract to enter into with the subdividers. The subdividers aro caught in the policy of tho Water Company at this moment of wanting to submit a plan to tho Public Utilitios Commission and they callod San Francisco and triad to havo a mooting of tho Water Board of Directors today so that thoy could give thom an answor as to whothor thoy would have to make their roquost to tho Public Utilitios Commission or to tho Company. In viow of thoso cir- cumstances, Mrs. Sullivan said that she boliovod tho map could bo eecoptod. This is the first subdivision that wo have had that startod undor tho now Subdivision Ordinanco roouiring all of the procoduro and nono of the companies aro yot familiar with it. CITY ATTORNEY CAMEB ELL statod that under tho Ordinanco it appoars to be mandatory thorn must bo some provision mado for the furnish- ing of wator. MAYOR MATTHEWS asked tho Attorney if thorn woro any objections to tho Council accepting the map. ATTORNEY CAMPBELL said he quostionod whothor you could onforco tho 4/10 609 provision, in caso ho would say that ho was not going to do it. Under tho ordinance it sooms to be mandatory, and that there doos not seem to bo anything conclusivo that would hold tho Wator Company in lino. It was his suggostion that this matter bo hold over until tho Public Utilities Commission gots somo agroomont that they will install the water and furnish and supply the domestic wator. COUNCILMAN CURIO said he road in the papor that the Wator Company is going to ask some commission to try and curtail tho dovolopmont of those various subdivisions be- cause of tho shortage of wator and thoir difficulty in boing ablo to guarantoo that wator will bo supplied. COUNCILMAN CARRIGAN said if wo eccoptod the map as it is without having tho provisions complotod, we actually would be in violation of our own ordinance. CITY MANAGER SULLIVAN said it could be held up but that she thinks it is an imposition on the subdivider who on tho strength of his tontativo map and his discussion with tho Water Company has gono ahoad and bought his material and applied for his permit and is ready to build, and'bocauso tho Water Company suddenly decided that thoy wantod to go to the Public Utilities Commission, that ho is boing imposod on. You approved othor subdivision maps since the ordinance took effect and did not require this contract to be signod, and since tho Wator Company has boon in negotiation with tho Council on a contract, and apparontly that had somo bearing on it, that you should consider that it is an imposition on tho subdividor. COUNCILMAN CIA RKE said wo ontorod into this in good faith with the subdividor and that it is no fault of the Council if the Water Company decides to do soothing difforont than what was anticipatod or arrangod for. COUNCILMAN CARRIGAN asked what reason the Water Company gave for not offering the letter, the fact that thoy woro not familiar with the ordinance? CITY MANAGER SULLIVAN stated that Mr. Poultorts interpretation of tho ordinanco and hor understanding of it was that at tho timo 4/10 610 tho Utilitios asked for this suction, was that wo wantod ovidonce that their easements woro sufficiont and that water could bo sorvod boeauso wo aro not responsible for tho wator sorvico. Wo aro rosponsiblo for tho sowor sorvico and to suporviso tho stroot improvomont plan, thoso we have authority over but tho actual nogotiations for water sorvica aro not tho City's,nroblom, it is an agroomont botwoon tho Water Company, tho aubdividor, and tho real ostato commissionor likowiso will-roquiro tho wator agroomont boforo tho lots can bo sold. The subdivider cannot filo his map with tho real estate commission until it is approved as far as its form is concornod by tho City. Movod by Carrigan, socondod by Hart, that this bo roforrod to tho City Attornoy to soo if ho cannot got tho roquirod lottor, and that this bo laid ovor until tho adjournod mocting Friday night, April 13 th. Carried•, all Councilmon prosont voting ayo. REPORT FROM THE PLANNING COMMISSION rogarding Potition No. 384 of Gordon and Hattio Kimball roquosting pormission to build a triplex 221 x 60t, was presented. As thorn wore othor miltiplo rosidonco use notod in tho noighborhood and sufficiont lot aroa for this typo of dwolling, and no protosts, tho Commission wore in favor of granting tho roquost. Tho Planning Commission approvod tho roquost subjoct to a 10 foot sido yard. Movod by Carrigan, socond- od by Hart, that tho roquost bo grantod in accordance with tho rocommonda ion of tho Planning Commission. Carried, all Council- man prosont voting ayo. CITY CLERK ALSTON statod that Mr. Chamborla in who works in tho Urban Rodovolopmont wishos to tako part in tho omploycos group insuranco plan. Sipco tho City doos not handlo the payroll of the. Urban Rodovolopmont, Mr. Chamborlain wondered if thory was any way in which ho could participato. MRS. ALSTON said`sho would liko a ruling from tho City Attornoy. MAYOR MATTHEWS ordorod tho 4/10 811 roquost roforrod to the Attorney. CITY MANAGER SULLIVAN statod that for a long time Chula Vista has boon extremely activo in tho roal ostato markot, and thought you might liko to know that in building, National City's roal ostato transactions last month oxcoodod thoso of Chula Vista. CITY MANAGER SULLIVAN roportod that tho Colorado Rivor Association has sent a form letter and pamphlet to tho members of tho Council in rogard to tho fight against tho Arizona Bill on Colorado River Wator, with the suggestion to send the pamphlets to frionds in tho oast who might liko to know tho tax burden thoy would havo if the Arizona Bill was passed. CITY MANAGER SULLIVAN statod wo rocoivod tho customary letter from tho Stato Highway Dopartmont on tho ostimato of the 1952 gas tax as allocation of $60,750.00, approximately tho samo amount/for this year. CITY MANAGER SULLIVAN said that tho F. H. A. has roturnod a suggast- od map of Park Viow Estatos, which tho City rnginoor has boon roviowing and will bo roviowod by tho City Planner and thon prosont- od to tho Council with the suggostions of tho F. H. A. CITY MANAGER SULLIVAN statod that sho oxplainod in part the Wator Company's position which somo of the Council heard in briof in conforoneo with the orator Company. Mrs. Sullivan said sho had a lottor from Mr. Poultor addrossod to her concorning proposod annoxations. In hor roply sho pointod out that tho City had made availablo onough water undor its prosont pumping facilities of tho woll for 8500 additional population during this yoar, so that tho oxtonsion of any subdivisions or wator as indicatod by the Wator Company's intontion to apply to tho Public Utilitios Commission for a curtailment of any subdivision of any area in thoir sorvico 4/10 612 systom should be viowod in tho light of tho S500 additional cons sumors that could bo providod for by the well water. The Wator Company apparently is soon making -two applications to the Public Utilities Commission, and no doubt the Council will want to decide What policy they wish to tako in appearance at tho Public Utilitios Commission in rogard to thorn, ono tho raiso in rate and the othor tho matter of curtailment of any oxtonsion of water service. COUNCILMAN CARRIGAN said ho thought thoy were promaturo and quite arbitrary on their undarstandings of tho housing situation, and their statement in tho paper is too suggostivo of what thoy want and not what anybody also wants. MAYOR MATTHEWS said no too thought thoy mado that rathor plain at tho mooting with them and their advanco publication of this nows is a littlo high pressure on the part of tho Wator Company. MAYOR MATTHEWS statod that his yoar as Mayor has oxpirod. It hes boon a very busy yoar and ho wished to thank a vory hard working Council and City Managor and City Attornoy. It has boon a succossful yoar and a pleasuro to sorvo as Mayor, Mayor Matthews said ho would liko to nominate Mr. John Curry for Mayor for tho noxt yoar. ME,. THOMAS FORBES was proaont and stated that ho thought it might bo well to mail out cards to tho pooplo of National City and soo from tho returns who thoy would liko to havo roprosont thom as Mayor. COUNCILMAN CLIME askod if Mayor Matthows was aorious about giving up his position as Mayor. MAYOR MATTHEWS statod ho was, that tho job takos up a lot of his timo and he thought some ono of tho othor members of tho council should have tho honor of boing Mayor. COUNCILMAN CURRY said ho thought Mayor Matthows nas a vory good Mayor, and gave all tho timo that anyono could possibly, and ho appreciated what was said in his bohalf, but It is up t0 tho Council and the pooplo, whichever you choso, and ho is satisfiod to loeve it that way. COUNCILMAN 613 CLARKE said ho wishod to nominate Mayor Matthows for tho roason that wo havo had a hectic year, ono in which oach of us has gsinod e lot of oxporionco. Wo havo stertod a lot of things and a numbar of thom havo not boon complotod, that ho would liko to soo tho noxt yoar somothing accomplishod whereby you would soo tho fruit of our labor, and for that roason ho would nominato him to sorvo as Mayor. MAYOR MATTHEWS was nominatod Mayor by a majority voto. MAYOR MATTHEWS again thankod tho Council for thoir confidonco. Movod by Hart, socondpd by Curry, that tho mooting bo adjournod until Friday night, April 13th at 7:30 P.M. Carriod, all Council- mon prosont voting aye. ATTEST: MAYOR, CITY OF NATIONAL CI�'i' CALIFORNIA CITY CLERK 4/lC