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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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