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HomeMy WebLinkAbout1951 04-17 CC MINi (626 National City, California, April 17, 1951 Regular meeting of the City Council was celled to order by Mayor Clinton D. Ma.tthews 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 10, and the adjourned meeting of April 13, 1951, be dispensed with. Councilmen present voting aye. Carried, all ADMINISTRATIVE OFFICIALS present: Alston, Sullivan, Campbell, Gautereaux. COUNCILMAN CLA=.KE reported that Mr. Barnes had called him and requested that he Ask the City Manager to kindly give him the answers to the insurance questions which he previously requested.. CITY MANAGER SULLIVAN said that she answered Mr. Barnes' last inquiry, and that she did not know of any questions that have not been answered. Councilman Curry asked if the meeting they promised to have with Mr. Barnes was ever held. CITY MANAGER SULLIVAN stated that the Council were going to have a meeting with Mr. Barnes and we had the insurance policies here repeat- edly for a number of weeks and he never came to the meeting which the Council granted him, MAYOR MATTHEWS sail he received a call from both Mr. Barnes and Mrs. Barnes and one of the things he is worried about is that the City Manager said at one time,he did not have the proper license for his insurance `�.4siness. and he believes his honor is at stake. CITY 'HANACFn .:'LLIVAN said that as she recalls the matter of iir, Barnes' - cense, he raised the issue in connection with Mr. Kempsey who has an insurance license in the City and that Mr. Ba-•-az did not. He operated under a real estate license, and it hen': 4/1'7 627 been the practice in the past for the real estate license to be issued and if a real estate broker did some insurance, very incidental and not the major activity the License Department did not require an insurance license. MRS. SULLIVAN said it seems to her that if an individual is as concerned about insurance business as Mr. Barnes, he should reasonably expect to have an insurance license so no action could be brought against him. COUNCILMAN CLARKE said that he has an item which he considered very serious, and it effects him ay well as the other Councilmen. He referred to an editorial in the National City News of last Fr iday regarding the City's finances and the responsibility of the Council to the people. MR. CLARKE said he talked to the publisher and told him that he thought the people should know he recommended that the City hire a disinterested auditor to check the books and the money in the bank. MR. CLARKE said that this matter can be brought up under new business. MAYOR MATTHEWS asked that the Council give this some thought and bring it up later in the meting, and decide whether or not ',re want a complete audit to be made. ATTORNEY CAMPBELL reported that the acceptance of the final map on the Beverly Glen Subdivision would have to be continued for at least another week. Re received a call from Mr. Poulter on Monday stating that the contracts for Mr. Gordon to sign with the Water Ceany had net been returning from San Franeiaso. Mrs Gordon will sign the contracts with the Water Company and they in turn would issue the certificate in conpliance with the Ordinance. MAYOR MATTHE'1S stated that on the advice of the City Attorney this matter would be held over until the next meeting. APPLICATION FOR BEVERAGE LICENSE by Alan R. ilcClendon, 23)6 Highland Avenue, for on sale beer, was presented. This is a 4./17 628 transfer of a license. MAYOR MATTHEWS ordered the application filed. APPLICATION TO MOVE A BUILDING by Clifton N. Brewster, was read. The building is to be moved from 2614 Strandway, Mission Beach to 14 N. Drexel Avenue. It is a gailage and is to be used for storage. BUILDING INSPECTOR BIRD and CITY PLANNER WAGNER inspected the building and the site to which it is to be moved, and found that the structure is in excellent con- dition and will fit into the location. They recommend that permission be grantea with a 30 day time limit. Moved by Hart, seconded by Curry, that the. application be approved as recommended by the Building Inspector. married, all Councilmen present voting aye. "APPLICATION FOR BEVERAGE LICENSE by Lee I. is Stella Cochran, 2240 National Avenue, for off sale beer and wine, was read. This is not a transfer but the issuance of a new license. COUNCILMAN CARRIGAN said it was his understanding that at an informal meeting the Council went on record as protesting all new licenses on the ground that we have an ample amount. MAYOR MATTHEWB mid the Council will heve to decide if they wtah to spend the annoy for the Herrings on protests of the off sale beer licenses. and that he is not quite as much in favor of protesting the off sale as he is the on sale in the congested areas where there are already a number of licenses. Moved by Carrigan. seconded by Hart, that the Council object to the issuance of this lieense. COUNCILMAN CLARKE said he is not entirely in favor of being against all new licenses, only as they effect on sale., Carried, by the following vote to -wit: Ayes: Carrigan, Curry, Hart, Matthews. Nays: Clarke. CITY CLERK ALSTON st'ated that at the lost meeting a motion was 4/17 629 made granting Gordon and Hattie Kimball permission to build a triplex. It should have been granted by Resolution and there has been one prepared. RESOLUTION NO. 5423 was read, granting a special zone variance permit to Gordon and Hattie Kimball for the purpose of building a triplex 22' X 60 subject to a 10 foot side yard on the E 100' of Si of W of E# of NI. EXCEPT street, 20 Acre Lot 1 in Quarter Section 133. Moved 18y Carrigan, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen pres- ent voting aye. CITY CLERK ALSTON stated that on February 20, 1951, a zone variance was granted to Ina M. Tillas Just on a motion, and it was necessary to have a Resolution. RESOLUTION NO. 5424 was rend, granting a special zone variance permit to Ina M. Tilln.s for the purpose of installing a kitchen with a guest house situated over t three car garage, situated on the following: E 75' W 390' & of W* of 20 Acre Lot 1, Quarter Section 131. Moved by Hart, seconded by Clarke, that the Resolution be adopted. Carried, all Councilmen present .a voting aye. COMMUNICATION FROM ANNA DAVIS was read stating that she is the owner of, several residential and commer9ial buildings in, the M-3 Zone, located in Project #1 of the Redevelopment area, and asks that she be advised what the plans are in regard to her property. She states she would like zone to stay "Commercial" as it now is. MAYOR MATTHEWS suggested that this be referred to the Community Redevelopment Agency with the suggestion that they advise Mrs. Davis in writing in regard to their latest plans. CITY ATTORNEY CAMPBELL said that he believed the tint 630 Community Redevelopment Agency is the proper party to answer all her questions more fully, and that if they could answer her and make reference to the fact that every member of the Council, the City Clerk and the City Attorney had received a letter from her and the answer is including all the Council. MAYOR MATTHEt"S said he thought it might be in order for Mrs. Sullivan to send Mrs. Davis ^ letter from the City Council Advising her thAt the information she wishes has been referred to the proper Agency. COUNCILMAN CAR_RIGAN stated that inas- much as he received a letter personally he answered her setting forth the facts that he could not answer herquestions. REQUEST FOR REFUND FROM THE MODERN CLEANERS, 1342 First Avenue, San Diego, was read. This is a request for a refund on License No. 581, in the amount of >75.00 for a retail truck. This route was discontinued on March 17th and are asking for refund on the unused portion of their fees. ATTORNEY CAMPBELL ruled that regardless of the merit of the refund the Ordinance pro- hibits the refund on an annual license. MAYOR iiATTI ttS asked if it would be possible to amend the Ordinance for future natters of this kind, so that half of the money could be refunded. ATTORNEY CAMPBELL said that nrovisions could be made to make refunds on any basis that you see fit, monthly or quarterly. MAYOR MATTHEWS asked if we would be able to make it retroactive to take erre of this one. ATTORNEY CAMPBELL said it would not be. MAYOR MATTHEIPS said that this situation has come up before and that he felt it is unfair not to be able to return part of the money at least when they are in business less than half a year, and that he thought it would be in order to Amend the Ordinance. MR. CARRICAN stated that there are other discre- nancies in the License Ordinance and wondered if it would not be well to re -vamp the whole Ordinance. ATTORNEY CAMPBELL said 4/17 631 he would suggest that all the changes be done at one time. and that it night be advantageous to have at least one hearing on the Ordinance or an examination by the Council. MAYOR MATTHE1!S said he thought a hearing more suitable because there have been numerous requests in the past two years that changes be made. The hearing w's set for Wednesday evening, April 25th in the Council Chambers. Mayor Matthews ordered the request of the Modern Cleaners be held over until the hearing and advise her of sane. COUNCILMAN CARRIGAN suggested that Officer Rea be requested to attend this meeting. CITY HAMS. ER SULLIVAN stated that Officer Rea h-s had n number of complaints and there is a file of a number of requests that the Ordinance be amended. At the time the Ordinance was adopted it was not anticipated that any business in National City would exceed $500,000.00 in revenue and we now have several over a $1,000,000,.0o anc1 it makes a difference in the structure of Cross receipt9. CITY CLERK ALSTON announced the hearing on the rezoning of portions of Block 1 of National Avenue Terrace; property des- cribed as Lots 6 to 11 inclusive, Lots 18 to 23 inclusive and Lots 14, 16 and 17 in Black 1. There were no protests. The Planning Commission recommended that Lots 6 to 11 inclusive, and Lots 18 to 23 inclusive be changed from R-4 Zone to C-3 Zone and Lots 14, 16 and the easterly 23.9' of Lot 17 be changed from R-2-Zone to R-4 Zone. CITY PLANNER WAGNER stated that there were no objections voiced at either of the two hearings held by the Planning Commission. Moved by Clarke, sec-'nded by Hart, that the Attorney be instructed to prepare an amendment to the Ordinance as recommended by the Planning Commission. Carried, all Councilmen present voting aye. REQUEST FOR REFUND TO CHARLES DAVIS for refund on business 4/17 fi 632 license, was read. The Business License Department received an over payment of $1.00 on License No. 1190 on Apartment House, issued to Charles M. Davis, 1630 McKinley Avenue, and requested that a refund of $1.00 be made to Mr. Davis. Moved by Hart, seconded by Curry, that the refund be granted. Carried, all Councilmen present voting aye. REQUEST FOR TAX SALE nn Lots 18 and 19 in Block 117, City Plat, was read. The application was made by W. H. Vincent, 923 Harding Avenue and his bid is for $159.38 plus advertising charges. The tax figured to date amount to a159.43. BERNARD BANKE asked if that bid includes the County's interest. CITY CLERK ALSTON said it was just the City's. MR. BANKS said that he intends to compete with Mr. Vincent and that he would like to see the bid raised a little and include the County's interest. CITY MANAGER SULLIVAN said that we have an option with the County nn this and that perhaps it should be referred to the City Attorney. Moved by Carrigan, seconded by Hart, that this be held over for one week for investigation and also referred to the City Attorney. Carried, all Councilmen present voting aye. CITY CLERK ALSTON stated that at the last meeting she brought up the matter of Mr. Chamberlain requesting to participate in the employees group insurance, which was referred to the City Attorney. Mr„ Chamberlain withdrew his request so action is not necessary. CITY CLERK ALSTON reported that she received a notice from the Public Utilities Commission of the Application from the Atchison, Topeka and Santa Fe Railway Company for Authority to Construct Extension of a Lead Tract in and Along Harrison Street in the City of National City. 4/17 633 COUNCILMAN CLARKE stated that he thought the natter of the editorial was to cone up under new business. MAYOR MATTHEWS said that he believed the City Manager and City Attorney would have sane reconnendation as tn the transfers of funds and your recnnnendation so that we can either ❑ake a. statement to the papers of our financial condition nr have a complete audit in order tn get this natter of uncertainty straightened out in the peoples's minds since it has received so such publicity. COUNCILMAN CLARKE stated that evidently the publisher of the paper thinks there is something serious about it, and nnst penple who rend the paper are somewhat impressed by editorials. He states the views of apposite extrenes and they call far re- seach and study and bnth cannot be right,and Mr. Clarke said he wanted tn knnw what is right and see that right is done. CITY MANAGER SULLIVAN said she was not quite certain whet should be said at this point., She made a report to the Council as of the end of the quarter, there is one transfer that has been in question informally, it has not been before the Council except last Friday, and that it was her understanding that Attnrney Campbell was to answer three questions in connection with it. Except for the one item under discussion, the report of the Manager on interfund transfers as far as the records are con- cerned, that she thinks is clear, and that the Council has a copy of it, also a copy of the budget which the Council adopted and copies of the statements fron the City Clerk of her bonks, And that she realizes that it takes time tn interpret the budget in terns of expenditures, and that an analysis of the individual accounts is not nrdinarily possible for a City Councilman, end that it is not possible for her 'o,: analyse the accnunts daily. Mrs. Sullivan said she did not think that the Clerk is in disagreement with the transfers except one which she raised n. legal question, and the transfers as far as she 4/17 634 knows are bnakkeeping transfers and do not require action. The Council adopted the budget and outlined the nnney in it, if the Clerk wants a motion or resolution for transfer that it is quite all right. The Honey according to the budget and an analysis of the clerk's records, the statement has been made of trhat has happened in the first three-quarters. A statement - has been nade of the anticipated revenue and expenditures as of the first of April, and if the Council wishes to go further with it, if they want a narrative report she would be happy to do anything that will clarify the financial standing in relation to the budget. I4AYOR MATTHEWS asked if there had been adequate transfers fror the other funds to the General Fund to pay the bills for the rest of the fiscal year. If the transfers have not been made we should coke them as it is very important to get this matter off the agenda, and if an audit is necessary, it should be done. Mayor Matthews said it looks all right to him but there is still sone doubt in people's mind. MAYOR MATTHEWS inquired as to the amount of Money In the General Fund, and if the bills could be paid tonight. CITY CLERK ALSTON said it would be short about a2,800.00 and we have a payroll to meet Thursday. The adjustment transfer only gives about S2,200.00 to the General Fund because according to the ruling of the City Attorney we cannot Hake the Sewer Fund transfer until we get further authorization either from the Legislature or by vote of the people. CITY MANAGER SULLIVAN said she did not understand the Attorney to say specifically that. ATTORNEY CAMPBELL said his conclusion is that the fund cannot be trans- ferred to the General Fund. You have to get Legislative approval or approval by a Court, those are the two primary possibilities as far as the usage of the fund is concerned. There was some discussion at the last meeting as to the prior use of the Honey, and at that tine Attorney Campbell said all the money that was 4/17 635 expended upon the original project is chargeable against the fund, there was money from the State Allocation Board and the sale of the bonds, and at that time Mr. Collura had shown sone A355,000.00 expended leaving an unaccountable expenditure inso- far as the sewer is concerned, some $53,000.00 of which this thirty odd thousand is a portion, and that is the questionable transfer. CITY CLERK ALSTON said that in the transfers there is the amount of $3,163.20 which would cone out of the Sewer Fund but that is part of the $50,000.00. ATTORNEY CAMPBELL said any of the expenditures as set forth on the separate sheet and that he believed they wore all supported, so that there is nn question but that there is sufficient Honey in that fund. CITY MANAGER SULLIVAN said they were all supported from Mrs. Alston's books. Mrs. Alston did not set up the $31,500.00 in the General Fund but she did set up the expenditure items in the budget, of the Sewer Fund for expenditures in the Sewer Department, so we are in this peculiar position of Mrs. Alston in good faith set up the expenditure item but did not set up the money as required in the budget, sn with the ruling that it cannot be transferred it just neans that the budget is $31,500.00 in error at this point, as of last July. CITY CLERK ALSTON said she believed that this money came in after the budget was,set up and the City Treasurer put it in the 1946 Sewer Fund, not the City Clerk. MAYOR MATTHE?iS said it seemed as though the Council was getting.the squeeze play between the bookkeeping system and the budget, and we are going to end the fiscal year with substantial surplus but the money is not in the correct fund now to be able to expend it to pay the bills. ATTORNEY CAMPBELL stated that it is his opinion that it would be improper to transfer the 130,000 to the General Fund. To carry out other reconnendatinns, there was a Resolution dis- 4/17 636 solving the 19446 Sewer Fund, and it is his conclusion that was an e»rcneous dissolution, because it should remain and must remain in the 1946 Sewer Fund, so for that reason it could be used for specific purposes which hove been connleted, so far ns he knows. If the project hos not been completed the honey cin be used for that purpose. MAYOR MATTHEWS asked what action WAS necessary to get tho banks straightened out. ATTORNEY CAMPBELL said you can either file an notion, a writ of nandote to compel transfer, or to h^ve the Legislature adopt sone change or prevision to allow you either in maintenance and to use it in either the General Funft repairs of particular sewer lines, for the repayment of principal and interest, or anything that you wish to reconnend. It is of course necessary to convince the Legislature that is the proper use. IQAYOR MATTHEWS inquired what is necessary to broow money from another fund so that the bills can be paid and we can continue until we can get the funds straighten out. CITY ATTORNEY CAMPBELL said we had the right to borrow up to 85 percent of the income that you are to receive between now and July 1st. from any fund that you have, such is the Capital Outlay Fund. There is a S27,000.00 loan which must be taken into consideration and if you do that make the loan in total, then repay the 127,000.00 because that must be repaid first. Mr. Campbell said he can prepare Reso- lution on the transfer but he suet have some certification as to the amount of Accruing income as it must be figured on a percentage basis. MAYOR MATTHEWS asked if the City Manager could submit a report to the Attorney as to how such money will be needed to the end of the fiscal year. CITY MANAGER SULLIVAN said she thought this could be done. The only thing that can be done is transfer from the Capital Reserve Fund n sufficient amount of money until the legal problem is settled. 4/17 637 There is ovor $300,000.00 in tho bank so that you can make tho loan. MAYOR MLTTHEWS asked what certification the Attornoy would need before he draws up tho Resolution. LTTORNEY CAMPBELL said tho amount of revenue that will be received between now and July 1st. CITY CLERK LLSTON said she would liko a Resolu- tion to transfer the adjustments which Mrs. Sullivan recommended, because thoy aro fund transfers and not budget transfers, and it is her understanding that sho cannot transfer from one fund to another without Council action. ATTORNEY CAMPBELL said ho believes that has boon the ostrblishod policy to change from one fund to the other by Rosolution. CITY CLERK LLSTON said she is in accord with theso adjustmonts except the one fund, the Sower Fund. CITY MANAGER SULLIVAN said that wo ere in the position of tho Council having adopted the budget, and in some cases duo to the conversion through mechanics, or whatever, the books of the Clerk do not conform specifically with tho budget as to funds, and that sho would hesitate to see the Council transfer by Resolution something that has alroady been dono. The Resolution should be carefully reviewod. You wcro in the same position with the Highway Funds for which you passed a couple of Resolutions on gasoline tax. Your budget specifically named tho fund and it is tho fund that is the correct fund by law, but the books wore not kopt in that manner so you mado a transfer to somothing thet you bed already done. Mrs. Sullivan said she bolieved that tho Council should not be passing Rosolutions to do something that you have elroady dono end do it a second tito. In some cases Mrs. Sullivan said sho could not say that the Council hes not dono it because they havo done it and if the Clerk's books don't conform, thet she thought the Council had taken tho action. CITY CLERK LLSTON stated that Mr. Bouthel from 4/17 the State Highway was out and conferred with the Council and it is in the State Highways Code that any gas tax Honey coning to the City mist be set up in the 1/4 cent gas tax fund and kept separately. A Resolution was passed last June whereby you dissolved that fund, transferring all Honey into the Street Fund. Mrs. Alston said the City Manager has accused her of not keeping her books prnperly according to that fund or we would not be in this cnndition, but the nnney was illegally transferred. Mrs. Alston said she want to gn on record ns stating that the Auditor that recnnmended the mechanizing of her office last July, assisted in the budget, her books were set un according to the way he specified. It was a new system, if it wrong, Mrs. Alston said that she should have the Auditor's assistance and straighten it out because he gave the records to set it by. CITY MANAGER SULLIVAN said she thought Mrs. Alston should have the Auditor's assistance to straighten this out and do it the way that you have passed that it should be dene, MAYOR MATTHEWS said he did not believe the touneil is putting the blame on either the City Manager or City Clerk for these things that have been already done with the approval of the Auditor and the approval of the City Attorney. If a mis- take has been made we Tra.nt to correct it so that we can go ahead with City business, and the only criticism is that they have not been working close enough together or these things would not have happened. This transfer rust be made tonight. ATTORVEY CAMPBELL str.ted that in regard to the sale of National City property to the Schonl District, the legal description has not been completed as yet and the Resolution will be rendy for the next meeting, Age CMS= said that in the natter of tk}o tease on the 4/17 639 parking lot, Mr. Simmons feels that the lease should provide that the Council will agree to black top Mr. Goodwin's property provided the agreement continues after July 1st. That is he has the right to cancel up to July 1st without anything per- haps other than en oil coat, but with no obligation of black top, but if you decide to continue he feels that Mr. Goodwin wants that included. Mr. Goodwin has provided that in tho evont of a sale tho City has tho first option to purchase then there would b a prorato adjustment upon tho black top. If tho added provision is agroceble to tho Council tho Attornoy will complete the agroomont on that basis. COUNCILMAN CARRIGAN stated that ho would objoct to thet because this is a trial run end it would be quite impossible to hove all tho facts and figures together as of July 1st, end that it would be proper to provide a thirty day's grace in the agroomont to see if it were a paying proposition and wo want to continuo. CITY MANAGER SULLIVAN said this was to avoid having two agrocmonts. If it becomos a very good paying proposition Mr. Goodwin may not want to lease it et tho end of the temporary period. If it is an agroomont that is cancellable and it is a good paying proposition then there is no probltm about putting the black top on aftor the first of July, which would be the time, or wo can make it tho first of August which would be the timo that tho City would went it pormanontly. MAYOR MATTHEWS said to mako it tho first of August. CITY MANAGER SULLIVAN said sho thought it should bo 90 days. COUNCILMAN CARRIGAN said por- haps the 90 days would bo satisfactory with the undorstanding that wo do have the breakdown on the operation of the lot prier to the continuation of tho permanent agroomont. ATTORNEY CAMPBELL stated th^t Mr. Goodwin would not have any control whatsoevor on tho operation. The ropert on tho operation could be made no doubt on tho first of July which would givo ono 4/17 640 month's porlod of timo to study the report. MAYOR MATTHEWS ordorod tho City Lttornoy to pr0000d on the ninoty days basis. REPORT FROM THE PLANNING COMMISSION rogarding Potition No. 385 cf Fritz and Bowors roquosting a zone variance on 18th Street and "J" Lvonuo to ellcw R-4 usago in R-1 and R-2 zones, was road. Tho skotch shcwod c plot plan with throe 70' x 115' lots and ono 80' x 115' lot upon orch of which was located a two story apartment houso made up of four 1-bodroom units and two 2-bodroom units making a total cf six units per lot, or a grand total of 24 units. It also provided 6 car storago spaces and a laundry and drying yard for oach lct. The request was approved by th B Planning Commission with tho provision that final and complote plans and specifications for the apartment houso devolopment bo approved by the Planning Commission as con- forming to the tentative plan as submittdd by Mr. L. W. Hamilton for 24 units. Thero were no protosts. RESOLUTION NO. 5425 was rood granting a special zcne variance permit to Robert L. Bowers and Gilbert E. Fritz for the purpose of allowing R-4 usage on tho following property: Lots 11 to 20 inclusive, Block 2 of Fronk P. Rood's Subdivision of tho Ne of 20 Acre Lot 2 in Quartor Section 133 of Rancho do le Nncion. Also_that portion of 19th Stroot adjoining Lot 11 cn tho south and closed by resolution 4170 That said permit is g8atot upon tho conditions and rocommondations of tho City Planning Commission as horeinaftor sot fcrth: That final and comploto plans and specifications for tho apartment houso dovolopmont bo approved by the Planning Commission as conforming to the tentative plan rs submittod by Mr. L. W. Hamilton for 24 units. Movod by Carrigan, socondod by Hart, that tho Rosolution bo adoptod. Carriod, all Councilmen presont voting ayo. 4/17 641 REPORT FROM THE PLANNING COMMISSION regarding Potition No. 366 of C. E. Williams Jr. et 16th Street and Pnlm Avenue to build a triplex 20' x 60' on a lot 55' x 110' facing on 16th Stroot, was read. Tho zone line passos through this lot with 20' in R-2 zono and 35' in R-1 zone. Tho Commission members egrood that the variance was being roquosted for tho 351 of R-1 zono as 20' was elready in an R-2 zone. Tho roquost was epprovod by the Planning Commission. RESOLUTION NO. 5426 was road granting r special zone verinnco permit to Charles E. Williams, Jr. for tho purpose of building e triplex 20' x 60' on proporty doscribod as: A portion of 1/4 Section 128, boginning at tho northwost corner of said Socticn; thonco southerly along tho wostorly lino of said 1/4 Section, a distenco of 410 foot; thenco at right anglos easterly 240 foot; thonco et right englos northerly 140 foot to tho northerly lino of said 1/4 Soction; thence at right angles wostorly along sold northerly lino 240 foot to the point of boginning. Movod by Clnrko, seconded by Curry, that tho Rosolution bo adoptod. Carriod, all Councilman prosont voting aye. REPORT FROM THE PLANNING COMMISSION was rood. The mattor of recommendation of now regulations governing stroot surfacing in now subdivisions vies considered and it was decided to hold this item over to enablo tho Acting City Engineer to complete his study. Tho problom of location of Scrvico Club signs was discussed and tho Planner was lnstructod to write to the Clubn and invite roprosontetivos to attend tho Planning Commission mooting Monday April 30, 1951, so thoy can arrive at a satis- factory solution. Tho proposed solo of the City block botwoon 14th and 15th Streets on National Lvenuo was discussed and tho members felt that this problom should bo invostigatcd thoroughl;- 4/17 642 beforo a recommendation wrs sont to the Council and caked that tho Council allow thou cnothor weok of study on this mattor. COUNCILMEN HLRT stated that Mrs. Willinns wes prosont in regard to tho connoction of the sower to hor property. llcng Highland Lvenuo the sower connoction wns put insido tho sidewalk on tho side of the bathroom, oxcopt in tho easo of Mrs. Williams. She was informed that tho sewer would h-vo to bo put on the othor side of tho houso, end ell along tho stroct ono sower hook up was need for oech house, but in this easo thoy usod tho Cafo Le Maze end Williams houso, and this nedo an additional cost of going across tho lot of about 50 foot, which will bo approxi- mately cn additional $150.00. Mr. Hart said ho thought this oxtrn cost should bo ccnsidorod as ho did not think it was nocossary for this typo of installation. MLYOR MLTTHEWS suggost- od that this bo roforroU to the Sowors Lppocl Bcard. COUNCILMLN CURRY said that perhaps Mr. Smith could give us information. WLYNE SMITH, LCTING CITY ENGINEER stated that he did not hoppon to have control of that particular piece of work, howovor tho cost of running the letora]s from the main to the property was so high that on pnvod stroots an attonpt was made to put double connocticns whorovor possibh., but ho did not know of this particular ceso and some people may havo suffored somewhat from that practice. Mr. Smith said ho bolieves tho Ordinanco calls for o detormination of tho oxact locati'n of tho sowor connoct- ion to bo nedo by sonoono connoctod with tho City and that he did not recall whothor it was the Sower Foreman or the City Engineer. }ARS. WILL1LMS was prosont and etc -tad that sho would liko to know what they ere going to do about it, the coss pool is draining on tho lot at the prosont tino. The ditch is dug and thoy aro willing to put tho sower in on this opposito silo but she cannot undorstend why thoy should bo inconvoniencod tho 4/17 643 $150. to pay for it across tho lot. Thorn should be some ad- justment redo for tho inconvonionco. MLYOR MLTTHEWS said that is tho roason for tho Sowor Lppoals Board and ho would like this roforred to thorn, end askod that Mrs. Williams appear with tho Board tomorrow morning ct 9:00 L.M. CITY MLNIGER SULLIVLN said thoro 1s a logel prcblon which tho Lttorney would explain. LTTORNEY CLMPBELL said it is quostienablo, and that ho did not boliovc sho is ontitlod under tho Ordinance to any portion of a rofund of tho $170. That is sot forth as a minimum chcrgo, end tho Sowor Lppoals Board is grantod certain powors whore it is necossary to chargo an oxtra amount to hoer en eppoal from tho property owners. MRS. WILLILMS askod why should sho have tc pay $75.00 for the hook up to tho lateral as Cafo Le Mazo has alroc.dy paid that chergo and wondorod why sho should hrvo to pay it else. LTTORNEY CLMPBELL said th-t ho will attond the mooting in tho morning and have an opinion to offor. CITY MANLGER SULLIVLN said that there have boon a number of quostions raisod on card rooms in eonnoction with tho roeont Ordinance. Mrs. Sullivan said, as sho indicrtod to tho Council in hor report, that hor undorstaftding of the Ordinance had nothing to do with social club parties or an ordinary soeitl activity whoro cards arc played and prizes are awarded. This question is askod daily by ono orgtniznticn cr tho othor. and thoro cro Sono ladios in tho audionco who undorstood thrt this nattor was to bo brought up tonight, end that inasmuch es it continuos to bo a ouostion, that it night bo woll to ask tho Lttornoy for an opinion. LTTORNEY CLMPBELL said ho has boon quostionod in this rogard, and that es far es a club having a card party and awarding prizos thrt ho cannot soo anything in tho Ordinanco that would prohibit it, howovor ho boliovod that it would prohibit any association or group from setting up card 4/17 644 tables if they sell tickots to tho public or if they invite the public. If it is closod to their own organization thoy can. BERNLRD BANKE nskod if tho Lttcrnoy would toll tho pooplo about temporary honorary nonborships, would that bo alright? LTTORNEY CLMPBELL said that ho boliovod that any private orgainzetion could porhaps maintain card rooms, not in violation of tho tho Ordinanco. Howovor, if it woro n temporary membership affair that is open actually to the public, that it would bo subterfuge, at least it would ralso a point of porhaps litigation. If it is a bone fide club like any of tho church organizations, any of the fraternal organizations, thoro is nothing in tho Ordinanco that prohibits it, if it is not for hiro. If there aro prizes, that is alright, but if thorn is salo to the public, it is prohibitod. If anything also is sold, thoro is nothing to prohibit tho solo, it is just tho sale for the cards. COUNCILMLN CLLRKE said that in his mind tho Ordinance was not srocific enough and that is the reason ho raisod tho questions ho did. Mr. Clarke said ho thought tho intontion should bo stated in the law, thore sh uld be no surmising. MRS. WLSSNER of Fletcher Hills said the thing that worried hor is tho fact that sho is a nombor onto of a fraternal a month and called the Police cerd party, or wo we ro organization and thoy havo a card party told that thoy could net play cards. They today and woro told that we could not haw) a would run tho chance of boing raided. Sho said it did not seem reasonable but they did not know what to do about it. CITY M12JL:GER SULLIVLN said sho told ell social groups who ordinarily have this type of party that our City was not intorosfed in thou, and unloss ordorod difforontly the Polico Dopt. will not be interostod in raiding social afternoon card parties. CITY MLNLGER SULLIVLN stated that the California Sewage Works 4f 17 645 Lssociation ere pecplo dealing with end intorestod in sowago problems end they ere convening in Frosno, and two invitations havo boon received. Tho convontion bogins Lpril 25 and closos Lpril 28. CITY MLNLGER SULLIVLN said sho rocoivod e 7o ttor from the Chamber of Commorce addressor to tho City Ccuncil stating that tho Board of Diroctors in sossion Lpril 5th votod unanimously to oxtond congratulations to ycu on boing supported by tho community in the recont card room oloction. CITY MLNLGER SULLIVLN said sho would like to givo cut the budget forms. Tho only item sho wishod to coil os;ocielly to tho nttonticn of the Ccuncil is that tho schodulo calls for e public hoaring on Juno 19th end it was plecod on thoro assuring that you want to havo c public hoaring on the budgot aftor you havo had nn opportunity tc study it. MLYOR MLTTHEWS said ho thought it should be a night othor than a ro5uler Council moot- ing, end suggested Wednosday, Juno 20th, for tho hoaring. CITY MLNLGER SULLIVLN said sho would liko to know whothor tho Council would liko to have copios of tho budgot properod to hand out to anyone who is intorestod. COUNCILMLN CLLRKE said ho thought it was a vory good idon to put as many of thoso es wo possibly can to tho public, placo thou in tho Library, Chanbor of Comnorco and various othor placos. MLYOR MITTHEWS said ho thought it was a very good idon to furnish copios tc those interested. CITY MLNLGER SULLIVLN said thoro is nn appraisal report on tho block that Mr. Tyson ()flared to purchaso from tho City, and thet sho has gono through it rather thoroughly to tho point that she could give tho Council tho boiled dcwn appraisal of tho nppraisor end wondorod if tho Council would liko to hold 4/17 646 this ovor until tho noxt meeting. COUNCILMAN CURRY said ho thought it should bo held over until tho next mooting. MRS. SULLIVLN said she would pro oro a digest for tho Council. CITY MLNLGER SULLIVLN said sho had a lottor from tho California Water end Tolophono Company and attached to it e copy of thoir petition of opplic-tion boforo tho Public Utilities Commission. Mrs. Sullivan said sho boliovod thnt each of tho Councilman had a copy of tho roquost of thoir addition to the rulos end re- gulations govorning the Swootwator District, and sinco this is a Public Utilitios HoarinG, and an instruction for nn appear- ance should be mado, that sho would liko to suggost this bo similar to the Public Utilitios Hoaring whoro wo appearod on tho rate caso. That diroction bo given to tho City Lttornoy and tho City Mcnngor to prepare for the eppoeranco prior to the tino of tho Hearing which is Mny 4th, for you to have en op2ortunity to review before it is prosontod. MAYOR MLTTHEWS said that tho City Manager and City Lttornoy should act accord- ingly. CITY MLNLGER SULLIVLN sold that tho nattor of the Justice Court proposal has cone up during tho wook. Tho City of Chula Vista hos said thoy would make avc11ab1; land on which a Court could bo built, end Mrs. Sullivan wondorod if the Council wonted to make n similar offor by making space available for tho Justice Court, COUNCILMAN CLRP.IGLN said the most simplo mettor would bo for the Justico Court to use the soma room that has been used in tho post. MRS. SULLIVLN said sho beliovos tho Board of Suporviscrs would liko to have o jostor from tho Council that thy would nttonpt to nnka qunrtors available. CITY MANLGER SULLIVLN said sho could toll tho Board of Supervisors, that ycu would mcko a sight available in connection with the Civie Cantor or you would mnko spaco available for tit') Court, on a rental 4/17 647 basis. The mombors of tho Council folt it would bo unwiso to offer e sito at tho prosont time as thoro is tho possibility a municipal court woulc' be sot up whon tho population roaches 40,000. CITY COUNCIL recessed for 10 ninutos. Tho mooting is to rosumo at 10:00 P.M. THE MEETING was roconvenod by Mryor Clinton D. Mrtthows. RESOLUTION NO. 5427 was rood, strting: Whorocs it is tho dosiro of tho City Council of tho City of Nrtion-1 City, California, to diroct thrt e tonrorrry transfer of funds in amount of $76,500.00 bo made from the Capital Rosorvo Fund to tho Gonoral Fund, and whoroas it hrs bocn cortifiod by tho City Manngor Doris Sullivan tho taxes now accruing onding Juno 30, 1951 is in oxcoss Gf $90,000, now therefore, bo it rosolvod that the City Clerk is hereby diroctod to transfer $76,500.00 from tho Ccpitrl Roservo Fund to the Gonor-1 Fund es a temporary loan and to bo ropaid to tho Capitol Resorvo Fund from tho first nenips rocoivod by tho City of National City. Movod by Clarko, socondod by Cnrrigrn, thrt the Rosolution bo adoptod. Carried, by tho following voto to -wit: Lyos: Carrigan, Clarke, Curry, Hart, Mrtthows. Nrys: None. RESOLUTION NO. 5428 was rood: Whoroas on the 27th dry of March, 1951, a loan in the sum of $26,227.72 was made by Resolution No. 5417 from tho Capital Rosorvo Fund to tho Gonorel Fund, now therefore be it resolved that tho loon in the sun of $26,227.72 nedo on March 27, 1951 from the Capital Rosorvo Fund to tho Gonoral Fund bo horoby repaid, end tho City Clerk is horeby directed to transfor $26;227.72 from tho Gen.:ral Fund to tho Capital Rosorvo Fund. Movod by Carrigan, socondod by Hart, that the Resolution bo adopted. Carried, by the following 4/17 648 vote to -wit: Lyos: Carrigan, C1^rke, Curry, Hart, Matthews. Nays: Nono. BILLS LUDITED by the Finance Co^=ittoo, as follows: General Fund $11,258.08 Capital Reservo Fund 43.98 Library Fund 577.93 Park Fund 1,870.10 Pica. Con. Fund 177.38 Stroot Fund 1,237.95 Licht. District #1 32.65 Harbor Fund 195.95 TOTLL $15,394.02 Moved by Curry, secondod by C1^rke, that tho bills bo ollowod end warrants drawn for sane. Carriod, by the following vote to -wit: :.yes: Carrigcn, Clarke, Curry, Hart, Metthows. Nays: Nono. CITY CLERK IIS TON brought up tho natter cf tho adjustments that the Managor suggested r.nc told the Ccuncil they should make a thorough study es they were considered in tho budget. I have an explanation to make and would like e ruling from the City Lttorney. It is corroct, thoy are in tho budget but most of them are for labor charged to the Streit Dopertment which was out done for other dopertmonts end was Enid/of the Stroot Fund. All purchase orders aro approvod and signod boforo coming to my offico and thoy ere posted accordincly. If they are not charged direct thon those trnnsfors hevo to bo made and they aro from ono fund to anothor. CITY LTTORNEY CLMPBELL statod he boliovod it nocossery to havo a rosolution authorizing the change and felt thet this should bo laid over fcr ono wook. MAYOR MLTTHEWS asked City Managor Sullivan what she folt should bo done to straighten out the Sewer Fund. CITY MLNAGER SULLIVLN stntod that sho folt that it was tho intention of the Council when they discussod it earlier for the City Lttornoy, City Clerk, City Treasurer, and City Managor to rosolvo the soveral problems 4/17 649 not only in tho 1946 Sower Fund but any othors that night occur in relation to the rosponsibility of tho bookkooping syston to the rudgot and any difforoncos thoro night bo. If it is satisfactory with City Clerk Alston, it soon that Mr. Collura in conference with us would bo holpful. City Mrnagor Sullivan believed it would tako ouite a whilo to resolve it but is sure thst every ono concorncd with it will bo glad to discuss it. If we cannot agree, rnd if it is c logo). ;roblon thou tho City Lttornoy will have to solvo it; and if wo can't agree administratively thon tho City Council will h^vo to salvo it. Since most cf this is now, it is to bo oxpoctcd that ell would not bo agreement. CITY CLERK LLSTON stated that tho only thing which concornod her was tho Sowor Fund. If wo erc going to take it before tho St^tc Logisloturo shouldn't action bo takon soon? CITY MLNLGER SULLIVLN stated that she thought that thoy had agrood a^rllor with Mr. Canrb oll that that wes ono possible ronsdy and maybo it isn't tho ronody tho City noodod. MLYOR MLTTHEWS thon caked if tho City Managor, City Clark, and City Lttornoy would study tho mottor end try to como up with sons agroonont on it. CITY ATTORNEY CAMPBELL statod that thoro aro throe possibilitios, (1) tho propor ch^rgos of oxponsos against the funds, (2) tho logisl-tivo chrngo, (3) and court approval by Writ of Mandato. Ho folt that it night bo wise to have this introducod in the Logislaturo as it would bo writton into tho law for tho bonofit of oll other citios. Thoro is a bill in tho Hoclth and Safoty Code et tho prosont tiro and a ridor could bo tacked on to it. Lt locst you could sook that change, but to request a change sono consideration should bo given to tho typo of logislrtion, whothor you want to sock legislation to put unused funds into a Gonorol Fund, into a fund for tho repair ^nd maintenance of tho particular project, or tho ro- 4/17 650 payment of bonds and intorost. Tho bill that Assonblyman Cloyed and Sonator Kraft havo in nt the prosont time aro for tho ropaynont of bonds and intorest. Tho Bond Lct of 1889 provides that any unused money can bo put into tho Gonoral Fund so that the Logisl^turn probcbly has nc objoetion to any such anendnont. MAYOR MLTTHEWS st-tcd that tho 1946 Sewer Fund was under the Bond Lct of 1901 which clid not have a. ridor which allowed tho unused funds to bo transforred to tho Gonoral Fund. CITY ATTORNEY CLMPBELL statod that it has no provision at all and oust bo used exclusively for the stated purposo. MAYOR MLTTHEWS askod if it would bo egrooablo to tho City Council to havo the City Lttornoy drew up such a bill and hove ono of our reprosontetivos introduco it in tho Logislaturo. MAYOR MLTTHEWS eskod if an anendnont to Bond Lct of 1901 would sclvo our problem if wo find no othor way? CITY ATTORNEY CAMPBELL stated that to givo retroactive offoct to en Ordinenco that provides usage is quostionnblo, particularly within tho Gonoral Fund, but ho would suggost that tho City Council ask tho logis- loture to make the ehengo and than 1f that is tho only problem we hevc to salvo, if you direct, Attorney Campbell would dolvo into the rotroactive offoct. Tho bill which our roprosontativos aro presenting in tho Logislaturo is for anothor set, en amend- ment to the Sanitation Let; however, the Sanitation Lct has the sand provision. It states that tho money cbteinod from tho Bond Issuo shall bo used oxclusivoly fcr o particular purposo and then stops. Thoy are identical in tho exclusivo use and than lack of diroetions. Movod by Cl.u'ko, soeondod '-y Hcrt, thct tho City Attorney bo instructod to draw up this anondnont. Carried, all Councilmen prosont voting aye. COUNCILMAN CURRY asked if the Groyhcund Busos havo a franehiso in the City. CITY MANAGER SULLIVAN statod that thoy did not 4/17 651 and wns ono of the legal problems that CITY LTTORNEY CLMPB ELL inhoritod. City Lttornoy Cnitoll was instructed to draw up a frenchiso with the Groyhound Bus Company COUNCILMLN CURRY roquostcd a Traffic Roport as to whet action thoy hevo takon and roconmondations thoy hevo mado on tho things roforrod to thou by tho Council. CITY MLNLGER SULLIVLN stated that tho Traffic S-foty Comnittoo hod a rough draft of consolidatod Traffic Ordinancos which thoy would soon prosont to tho Council. COUNC n,MLN CURRY brought up the nettor of the Sumner Concossions in the park so that a decision could be reached es to how the natter would be hendleca. CITY MLNLGER SULLIVLN stated that the Rocroation Commission has roconnondod thot tho Cnnteon bo run ns a concession rather then by City onrloyoos. Howovor, they hove made o rocomnondation that tho location of tho Canteon bo changod. Lt tho prosont tine tho Planning Commission is study- ing•tho location. Tho Rocroation Commission folt that the public would bo bottor served if it wns run by a privato concossion on a percontago basis. RESOLUTION NO. 5429 was rood, authorizing tho payment of the following sum from tho Cipitcl Reservo fund: National City Glass Company, $43.98, for City Hall Romodoling. Movod by Clarko, soeondod by Curry, that tho Resolution be edopted. Carried, by the following voto to -wit: Lyes: Cerrignn, Clnrko, Curry, Hort, Metthows. Nays: Nono. MLYOR MLTTHEWS asked if there wns my rule rogording tho ettondanco of numbers of the Planning Commission at their noot- ings. There aro one or two nonbors who aro not attending noot- ings and he felt it unfair to tho nonbors who aro ettonding ever:, 4/17 652 mooting to have to writ for sono porson who night bo lrto to got a quorum. If thoro is c rulo which would dismiss e nonbor rftor missing so many nootings tho Mayor thought it should bo put in offoet. CITY LTTORNEY CLMPBELL statod that an erointoo of tho Planning Commission can be ronovod by tho appointing official subjoct to tho app rovrl of tho logisletivo 'body. M..YOf MLTTH'3WS stctod th-t from this dato that any nonbor of tho Planning Commission who nissos two consocutivo nootings without notifying tho Council shall bo subjoct for dismissal for not having onough intorost in tho job. CITY PLLNNER WLGNER reconnond- od that this be changod to throo consocutivo meetings es there have been incidents whoro soma slight action occurred end it was necessary for e good ettonding comnissionor to bo absent two consocutivo meetings. COUNCILMLN HLRT felt that it should bo loft et two unless thorn is sickness or something which causes then to be ebsont. MRS. HOLLINGSWORTH, member of tho Planning Commission, felt that three should bo permitted, however if things keep going tho Council will soon heve to sorve thou breakfast. COUNCILMLN CLRRIGLN stated that ho thought the re- commendation of the Planning Commission should bo considered.. MLYOR MLTTH'3WS said thct throe nootings would bo allowed. When any member hes missed throe consocutivo nootings the Chairmen of the Planning Commission is to notify the Council end his recommendation. CITY LTTORNEY CLMPBELL atatod th^t until en amendment to tho Ordinance was drawn up, eech individual dis- missal should be acted upon rather than a blanket policy. Tho Council members approved tho Mayor's recommendation. COUNCILMLN CURRY brought up tho matter of a license for the gave, Shuffleboard, which now pays no license fee. Ls other people with other typos of gapes must pay a license fee he felt that they should also. CITY LTTORNEY CLMPBELL stated that the 4/17 653 study of the License Ordinanco is coming up a week from tomorrow and this should be kept in mind. MOVED by Clarke, seconded by Curry, that the meeting be closed. Carried, all Councilmen present voting aye. LTTEST: CITY CLERK MLYOR, CITY OF NLTIQNLL CI , CLLIFORNIL 4/17