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HomeMy WebLinkAbout1951 05-22 CC MIN782 National City, California, May 22, 1951. Regular meeting of the City Council was called to order by Vice Mayor John H. Curry at 7:30 P.M. o'clock. Councilmen present: Carrigan, Clarke, Hart, Curry. Councilmen absent: None. Moved by Clarke, seconded by Hart, that the reading of the minutes of the rogular mooting of May 15, 1951, and tho ad- journed meeting of May 17, 1951, be disponsod with. Carried, all Councilmen prosont voting aye. ADMINISTRATIVE OFFICIALS prosont: Alston, Campbell, Wagnor, Gauteroaux, Smith, Harbison, Finnerty. ACTING ADMINISTRATIVE OFFICER WAGNER reported that regarding the mattor of the curbing on Harbison Avonuo, north of Division Stroet, he had talked with Mr. Hathol and he is willing to dedieate 10 foot additional proporty on the oast side of Harbison Avonuo. Howovor, we do not havo tho doods and Acting City Enginoer Smith has boon unable to writo a recommendation. Mr. Wagner asked that it bo laid over anothor wook. VICE MAYOR CURRY ordered it laid ovor until the next meeting. COMMUNICATION FROM SAN DIEGO COUNTY WATER AUTHORITY, requosting the organization of a committeo in Notional City to Save Water, was road. A Bullotin from the Citizons Wator Conservation Committee of San Diego was read, stating in briof that orator is boing consumed in San Diogo County fastor than it can be replaceu COUNCILMAN CARRIGAN stated that if the Acting Mayor appoints a sommittoe, the committee should form a fiold party end take a trip out to where the Colorado River water is omptying into Sweetwater Lako. When they see tho small amount of wator that is coming through tho pipe, it will bring to thom the gravity o tho situation moro than any other ono thing could possibly do. 5/22 783 VICE MAYOR CURRY said he belioved we ere ell conscious of tho fac that we are facing a very sorious water problem and the committoo should bo formed to work with the County committee. and bring to tho attention of tho people tho seriousness of this situation. COUNCILMAN HART said he would liko to have tho Chiof of Police notify his officors that whon they soo water running down tho street to chock and find out whoro it is coming from and warn tho pooplo not to wasto water. COUNCILMAN CLL.RKE said ho was in favor of appoaling to tho nowspapor in this City to announce to the people the necessity of water conservation, that he would go so far as to suggost wo have a ',Savo The orator Dar, ono day each wook, end that ho thought this would got to tho pooplo bottor than forming a committee. VICE MLYOR CURRY said ho too bolieved the 'press could bo very holpful, but that a committoo is also vory necessary. Ho would be in favor of having every day water saving day. COUNCILMAN HART said ho thought also that ovory day should be a water saving day, and that wo should put all tho pressure on that we can to savo wator. COUNCILMAN CARRIGAN said he thought a water saving day was find, but that when the figuros are compiled you will find that the maximum use at the rate wo aro going now is only going to be about four to six months. Thoro will have to be tooth put into this thing or pooplo aro not going to save wator Mr. Carrigan said ho thought tho City Council of National City, and Chula Vista, and the South Bay Irrigation District should got together and draw up an ordinenco that will force tho saving of water. COUNCILMAN HART said ho too thought wo should moot with tho City of Chula Vista and all others intorostod and see what can bo workod out. VICE MAYOR CURRY said he thought that all of the South Bay area should work together as ono committee, and that we would probably accomplish more. COUNCILMAN CARRIGAN said we hey the largost population but tho smallest ontitlewont, so it Is 784 nocessary for us to get in thoro and fight. CITY CLERK ALSTON stated she folt that private swimming pools should not be allowod • whon water is so scarce. VICE MAYOR CURRY said that the only thing we can do at the prosont trio is to notify Chula Vista and all the South Bay area that wo aro willing to moot with them to 0 • discuss methods and moans of wator consorvation, and they bo notified that we will meet with thou at tho earliest possible datc VICE MAYOR CURRY announced that it was 8:00 P.M. and time for tho opening of the bids for tho canteen. Tho following bids were oponod: Chnrlos Stein offorod ton and ono half porcont (l0i%) of the gross proceeds. Dorothy F. Jonson offorod ton porcont (10%) of the gross proceeds, with a gunrantoo of $40.00 per month. RESOLUTION NO. 5446 was road, as follows: Tho City Council of tho City of National City, California, dons hereby rosolvo as follows: 1. That cortain agroomont botwoon Charles Stein and tho City of National City, a municipal corporation, said agroomont datod May 22, 1951, a copy of which is attached horoto and incorporatod horoin, tho same is fully sot forth horo, bo, and the sand is horo- by approvod. 2. That John Curry, Acting Mayor of tho City of National City, be, and ho is heroby authorized and diroetod to execute the sane for and upon behalf of the said City. Moved by Carrigan, seeonded`by Host, that the Resolution be adopted. Carried, all Couneilnen prosont voting ayo. COMMUNICATION FROM HERBERT BARNES was read, regarding insurance. Mr. Barnes askod that a 'attar bo writtn him that the nattor of his disputed license was in accordanco with the City's rogulations governing sano. Mr. Barnos said that tho insurance commission was not fairly divided. COUNCILMAN HART said as far as tho commission is concornod the Council doos not toll tho agont how to divide it. VICE MAYOR CURRY said it was called to his attention that some of 5/22 785 the connission was divided among insuranco companies who wore not paying National City's license fees, and that ho would liko that • chockod into. COUNCILMAN CARRIGAN said he boliovod that Mr. Barrio: wants an apology because the City Manager said that ho did not have any insurance license atd under the Ordinanco, Mr. Carrigan said he bolioved he did not nood a liconso. ATTORNEY CAMPBELL said unae tho now Ordinanco tho insuranco agont has boon olininetod. VICE MAYOR CURRY requested that a letter of apology bo sont to Mr. Barnes. • • • 0 COMMUNICATION FROM ARTHUR JUDNCIH and JOE LRBINI, rogarding garbag- facilities in National City, was read. They requost that they bo advised if the City has any intontion of changing the garbage facilities of National City to a bid or contract basis. Moved by Carrigan, seconded by Clarke, that the letter bo filed and when it is time for renewal of the garbago contract, that they be notified. Carried, all Counellnon prosent voting aye. COMMUNICATION FROM DAN M. POLK, rogarding polico citation, was roar Mr. Polk stated ho rocoivod a traffic tickot for violation of Vohiclo Codo #625 B. (light on license plate out), that he accept- ed tho fact ho had violated this code and was obligated to pay the fino. Mr. Polk statod that ho has obsorvod sineo that it is not tho policy of tho National City Police Department, at least not an enforced policy, but in such casos tho motorist is warned and not given a citation. refund of the bail, but ho folt upon him because it is not the Mr. Polk Moved by Clarko, seconded by Bart, that the Chief of Police bo instruetod to answer • this lottor in any appropriate way ho soes fit to do so. ATTORN" CAMPBELL said ho would liko to point out for information, that th said ho is not asking for a that an injustico was imposed consistent policy of the police department to fine persons for such offensos. 5/2. • • • • • • • 0 • I 786 man did not appoar boforo the Court, ho ovidontly forfoitod - bail. Ordinarily a person, if ho has justification for a violat- ion of tho law, it is usually prosontod to tho court and the court takos that into considoration. Mr. Canpboll said ho be- lioved if this man had appearod boforo Judge Harbison and explainod all these things ho probably would not havo had to pay a $3.00 lino, so ho is a littlo lax in failing to appear. COUNCILMAN HART said that ho being a navy man it night be he was out to soa and could not appoar. JUDGE HARBISON statod that it is tho practice of all polico dopartmonts to givo citations for something like this which was ovidontly a light infraction. Tho purpose is to sec that the nattor is corroctod more than a ponalty. It has boon tho practico horo whon the polico department has given them a:eitation if they bring the car in and show it has been corrected, and bring the ticket to him and it has boon initialed by the officer, thoy pay no penalty. This gentleman evidently did not come in. Whothor or not ho was busy, at sea or anypleco else, tho tolophono rings rogularly and the mailman comas twice a day. Ho could havo contactod tho court. Carriod, all Councilmon prosont voting ayo. COMMUNICATION FROM NATIONAL SCHOOL DISTRICT was road, roquosting tho City Council to considor selling to tho National School District five acres of land adjoining the five acres rocently acquired. The Board is willing to pay $8,000. JAMES RUSK was presont and statod that thoy havo tho five acres immediately wort of tho nursery site. Tho proporty thoy wish to acquiro covers a 120 foot strip to the wost of thoir present sito and 210 foot to tho east of thoir prosont site. It takes in tho whole plat of tho nursery sito. COUNCILMAN CLRRIGLN askod if it would be satisfactory to Mr. Rusk if Mr. Wagnor took tho tino to have a propor map preparod showing the exact linos of what the 5/22 • 787 Moo' District propose and what tho City has loft. ACTING • ADMINISTRATIVE OFFICER WAGNER said that tho Planning Commission has approvod tho nap of -nursery sito and its ultimata dovolop- . nont. Mr. Wagnor suggostod this bo laid over ono wook for further study. COUNCILMAN CLARKE said he would like to ask Park Supt. Gautereaux how he feels about the possibility of losing this • nursery site, and what the facilities are to replace it. PARK SUPT. GLUTEREAUX stated the nursery site was chosen because of an immediate nood, and because of its particular adaptability to tho purpose for which it was to bo used. That is not saying that other sites cannot bo choson within the City. Mr. Gautoroaux said tho approximate ostinato of tho outlay is about $3,270. • VICE MAYOR CURRY askod Mr. Gautoroaux if ho considorod that a practical aroa for tho nursery. MR. GAUTERELUX said yos. It was over a period of study that this site was soloctod. A lot of preparation has been dono, wo havo a lot of soil in stock on that spot, and rogardloss in what fora of businoss wo night enter into, a rociprocal trado, or what not, ho would still want to • retain the soil thoy now have in storage. COUNCILMAN CLLRKE said ho thought this nattor should bo oxpoditod as quickly as possiblo. COUNCILMAN HART said sinco tho City has spent $3,270. on this • land that amount should bo addod to tho prico. JUDGE HARBISON, moror of tho School Board, statod it is not the purpcse of the Board to try to interforo with any plans that havo boon mado as • far as tho nursery is concerned. It is thoir duty to try to locato the schools at tho most elghtlycnd bost places, whore tho nood is, for schools for tho City of National City. At tho tiro • they first stertod thoy thought a primary school was all that was necessary in that aroa. Letor it dovolopod that a full elonert- ary school would bo noodod, and tho law requires ton acres. Judge Herbison said ho would suggest that tho Council appoint a 5/22 • I • 788 committee to go with tho School Board and Mr. Gautoroaux to the site and look it over. Judge Hnrbison said ho holds a very different opinion than Mr. Gautoroaux as to tho cost of $3,270. tc grado that land, from some work they had done to Lincoln • Acres ground by a privato concorn. If City grading costs that much, it had bettor bo done privately; that is just an observat- ion. As far as soil is concornod, you want a nursory on soil • that will grow sonothing. You will find it down to decomposed granite on the top. Tho good soil has boon put ovor on tho fill and the poor soil has boon put on tho top at the rear and of tho land. VICE MAYOR CURRY requested that the Council moot with tho School Board on Thursday, Mcy 24th at 10:00 L.M. at tho pro- posed site. • COMMUNICATION FROM NATIONAL CITY EMPI,OYEES' ASSOCIATION was rood. The roprosentativos of tho National City Enployoest Association • roquost a mooting with tho Council at tho Council's convonienco to discuss wages and hours. COUNCILMA.N CARRIGAN said ho went ovci sono of the figures on tho budgot and it amounts to $959,000.00, • and it is his suggostion that boforo this mooting is hold that each department head got togethor with the Acting Administrator and attempt to toer this figure down before wo aro in any positioi. to talk about wagos and hours. VICE MAYOR CURRY said ho boliovod that if Mr. Wagner goes ovor tho proposod budgot figures with tho department heads, that by the noxt mooting we nay be able to set a dofinito tino whon wo can moot with tho Employees' Associat ion. • APPLICATION FOR BEVERAGE LICENSE by Francis C. Hansen and John T. Rudford, 1125 National Avenue, was road. Tho applicotini was for on sale beer. A roport from Chiof of Polito Smith stat that his offico cannot present any objection to tho issuanco of a license to the prosont ownors. Moved by Carrigan, seconded b' 5%c. • • 0 • 789 Clarke, that the application bo filed. Carried, all Couneilmon prosont voting aye. CITY CLERK ALSTON stated tho Council sot Friday May 25, 1951, • to moot unofficially in rogard to tho tax option on which we are figuring the taxes, and in view of the fact that we have had two Council meetings a week for the past throe wooks, and havo • been so busy writing ninutos, figuring funds, etc., that she woulf' like to have this mooting postponed until a later date. COUNCIL- MAN CARRIOAN asked that it bo as soon as possible. CITY CLERK ALSTON statod that perhaps by tho next mooting sho will be able to suggest a dato. • ATTORNEY CAMPBELL roportod that ho contactod Mr. Blum in regard to tho lottor from City Manager Canpboll on sewage disposal, which was roferrod to hin, and Mr. Blum statod that thoy dotorninod tho • prices sot forth in their lottor aftor a earoful analysis over tho oporation of tho new plant, both as to tho sowago treatment and also their pumping rate and the amount for carrying the sew- • age to their linos. National City would not, howevor, bo in- Volved for carrying the sowago to their linos, or the pupping rato. But if you entorod into an agroemont with tho City of • San Diego to take the sewage from Paradise Hills thon that would bo in the issuo. Mr. Blum would liko to have Mr. Wagner and Mr. Smith moot with hin and Mr. Harvey Colo, Enginoor, to discuss • the ontire project. We aro in this position, that the original contract, datod around 1942 carries a caneollation clause upon a ono yoarts notice, howevor, it also Barrios provision to adjust the rate every six months. Thoy have no duty or obligation to carry the sewage for National City other than by tho contract. Thero is a socondary contract portaining to a fow honos on tho northorn part of the City which is now paying 30 cents a unit a month, which thoy propose to raiso to 50 cents a unit. Tho • 5/22 • 790 • additional price proposed in their lottor is an 81% ineroaso ovor the amount that wo have boon paying. Tho exponso per day will amount to approximatoly $50,00 undor tho proposed rate. MR. WATT • SMITH has chocked with Chula Vista and also chocked as elosoly as he could with San Diego, and tho figures as sot forth by San Diego seems to be within reason, thoy aro not raking a profit on it. It is tho sane fi;,uro thoy ere charging all the Sanitation Districts. If the Council has no objoctions, Mr. Campbell said ho would reeonnond that Mr. Smith, Mr. Wagner and he attend the meeting. Moved by Clarko, secondod by Hart, that thoy be authorized to attond this mooting. COUNCILMAN CARRIGAN said he would like to suggest that when they moot they inform • the City of San Diego that wo aro roceptivo towards the sewage from Paradise Hills going through National City's lines. ATTO:c?i CAMPBELL said ho thought they would bo quite glad to hear that. COUNCIJ•MrN CARRIGAN said that was his personal opinion, however it would help to cut down tho sewage bill of around $19,000. a year. Carried, all Councilmen prosont voting eyo. ATTORNEY CAMPBELL reportod that tho property Mr, and Mrs. Dawson _ wish to purchase, which was roforred to him last wook, that a • quiet title action was filod by Atty. Warner. It is also the property which was to bo transforrod to the Damsons in exchange for certain propH1ty of tho Dawson's. You adopted a Resolution marrying forth all those facts, but Mr. Campbell said he has boon unable to find any agreement or contract enterod into with tho Dawsons. Whether or not thoy will consummate tho sale is quosti able, The only thing boforo tho Council, which was roferrod to ' Attorney, is whether or not you would put any figuro on the particular property as sot forth in the Dawson roquest, and Mr. Campbell said at this timo it is his roconnondation that you e not, until you find out Whother or not yoga aro going to tonsure.' 5/zz • • • • • • • • a 791 tho firo station sito, COUNCILMEN CARRIGAN said ho thought this was in escrow. ATTORNEY CLMPBELL said ho has boon unablo to find tho oscrow and to find any agroonent signed by the Dawsons. Tho Resolution sots forth tho terns of tho agreonont. All tho nomborc of the Council stated they wore of the opinion that this had clearod the escrow. CITY CLERK ALSTON stated sho chocked with Mr. Simmons and ho infornod hor that Attornoy Warnor had drawn up tho agroenont and Mrs. Dawson had rofusod to sign it, but wo cannot find the proposed agroonont. COUNCILMEN HART suggostod that Acting Adninistrativo Officor Wagnor contact Mrs. Dawson and find out what she knows about it. VICE MAYOR CURRY requostod this matter bo roforrod to Mr. Wegnor and Mr. oanpboll for chock- ing. Also that the requost of tho Dawsons for this 40 foot piece of property bo brought up again at the noxt meeting. ATTORNEY CAMPBELL roportod that we still havo the bill from Forrostor's Sorvieo Station for the cars damaged by tho oil spray. Tho insurance company for tho City has takon tho position that to pay Mr. Forrostor's claim would not bo a protection to tho City or to thom because they could not got roloasos from tho owners of the cars. MR. CAMPBELL suggostod that wo try and got tho insur- ance company of W. F. Nelson to pay it. They are now offering one half of the bill. Mr. Canxbell said he questions the City's liability and that thoy should not authorize tho payment of Forrostor's bill booauso thoy will novor got it back from tho insuranco company if it is paid. VICE MAYOR CURI:Y askod if thoro has boon any paynonts mado up to now, by tho City. ATTORNEY CAMPBELL said es far as ho knows thoro has boon none Wade. Sovoral days ago a second bill cano in from Frank & Ben's Body and Paint Shop on "ronovo road tar and polish from ono car $25.00". Unless there hos boon a purchaso ordor or an agrooment with Frank & Ben's Body and Paint Shop, it would be his recommend- 5/22 • • • • i • 792 ation that this be turned ev or to the insurance carrier. VICE MAYOR CURRY asked 1f the Attorney had a record as to who ordered the work done. ATTORNEY CAMPBELL said that in Mr, Herkeyts fetter it stated the City Manager thought that in order to main- tain proper public relations, it would bo better to have the cars repairod and rofor tho bills to tho insuranco company. COUNCILMAN CARRIGAN askod if tho City Managor, City Administrator or anyone olso havo any authority to cuthorizo any work like that dono. If tho insuranco company is going to pay the bill, is it the usual thing to havo tho insuranco appreisor or soaeono nako tho damage appraisal and offor a sottlomont prior to the tine the work is dono. ATTORNEY CAMPBELL said ho has not chockod thoso particular policies, but the normal courso is yes, it is referred to tho insurance company and all claims aro roforrod to tho insurance company. That tho insured should not nako any declar- ation or statomont to any party that claims that ho or sho is injurod, and if tho insuror doos thero is a waivor in tho policy relieving tho insuranco company from any liability. COUNCILMAN CARRIGAN asked if tho City is legally responsible for tho bills if the insurance company doos not pay. ATTORNEY CAMPBELL said tho quostioneblo foaturo would bo this: If you would bo liablo to anyono you would bo liablo to Mr. Forrostor. Ho would maintain the action basod upon tho Bonding of tho cars to his sorvice station for repairs by tho City Manager. Tho legal quostion would bo, has she oxcoodod hor authority? If sho was within tho scope of her employment, I boliovo tho City is liable, if she has exceeded it, she is liable. COUNCILMAN CAPLLRIGAN asked if sho would bo within the scope of hor omploynont? ATTORNEY CAMPBELL said it is a closo quostion. Tho situation that wo aro in is if tho individual would suo tho City tho insuranco earflap of National City would dofond Notional City, and thoy would in turn try and put tho burdon upon tho insuranco carrior of' W. F. Nolson 5/22 0 793 But as it is, who is going to bring the action except Mr. Forrestor, and ho will only bring it on whatovor contract rido he might have bocauso of tho ordor givon by the City Managor. COUNCILMAN CARRIGAN said that through the City Managor's nogligoi_c ho is liable to have to stand half tho bill. ATTORNEY CAMPBELL stated ho questionod thethor ho would havo to stand half the bill if he did not want to pay it. Our only right would be if the City was sued to turn around and bring in thoir carrier as another defendant and show that thoy aro liable. Ho would probably have to stand all of it, but wo would have a law suit. COUNCILMAN CL6RKE said ho folt that it certainly showed nogligonao on the part of tho company doing tho spraying to do it when the cars woro parked. VICE MAYOR CURRY said he wondcrod who ostinatod tho cost of the repairs. COUNCILMAN CARRIGAN said apparently it was not estimated, it was authorizod to bo dono and wo were charged for it ATTORNEY CLMMEELL said tho insuranco warrior of National City nada a statement something liko this: "If wo paid the bill of $495., where do wo got do roloaso from?" COUNCILMAN CARrRIGAN said tho only way you could got that is to havo Mr, Forrostor havo an affidavit made for ouch ono and sworn to. ATTORNEY CAMPBELL said it could be done that way, but there is still a possibility that we can got tho insurance eonponios to divido it up. ACTING ADMINISTRATIVE OFFICER WAGNER said ho thought this would bo a good tino to dovolop a policy of some kind in handling those cases. If it should happon again, he would bo ploasod to have an opinion from tho Council es to just how tho City Purchasing Agont or tho Acting Administrator shculd act in those sasos. COUNCILMAN HART said ho would suggost that it bo turnod w or to tho insuranco company, and not act at all. Let tho insurance sonpeny settle such a patter, ATTORNEY CAMPBELL said to roport tho damago in conformanco with tho roquiromonts of the insuranco policy. 5/22 794 ATTORNEY CAMPBELL statod that last wook tho Council disapproved s • eortain numbor of bills for want of funds. The Bank of America, through Mr, Dystor, has informed us that the Bank of America is agreeable to carry the claims and demands which are owing by the • City of National City, in accordance with the copy of tho Resolut- ion drafted by Mr. Campbell. It is thoir understanding that tho amount of those claims will bo in the neighborhood of $37,000, a This commitment is contingont, howovor, upon tho following: That a legal written opinion from tho City ..ttorney to tho effort that tho attachod form is, in his opinion, legal in ovory rospoet authorized by tho particular Codo Soction, and is a binding Obligation with tho City. That tho attachod fora bo used in connection with thoso colloctions and donands. That tho claims • and demands do not oxcoed tho incono and rovonuo from the City, as outlinod in tho abovo rosolution. That this eonnitmont will oxpiro as of July 1, 1951. Tho bank rosorvos tho right to caneol this commitment at any tine if any of tho abovo torus aro violate'. ATTORNEY CAMPBELL said Mr. Dystor had submitted a copy of a claim in blank which croditors may sign and which tho City Clork and the • Mayor will sign if tho statonont put on thoro is in conformance • with tho codo and also with tho rosolution adopted last week. You aro not borrowing any nonoy from tho Bank of America, but thoy • will tako tho signod claim of any croditor undor thoso conditions and pay thom tho nonoy of tho claim and than thoy will later prosent thoir claim to tho city. It is something that will give tho croditor a right to got his nonoy imnodiatoly. No ono has to accopt the torus of this. Tho croditor can koop his approved claim and thon presont it to tho City whon its nonoy comos in and acquire tho six porcont if he so wishos. Our rovonuo for tho fiscal yoar ending Juno 30, 1951, oust oxeood our oxponditur that is tho reason thoy havo sot forth in thoir commitment that 5/2£ • 795 n in tho event that should altar or chango thoy will withdraw thou eonm.itnont. ATTORNEY CLJCBELL said ho would rocommond any bills that wo havo tonight bo laid oror until tho noxt mooting so that • wo can again work out tho oxact status. VICE MAYOR CURRY ordorod the bills laid over. • ACTING ADMINISTRATIVE OFFICER WAGNER roportod that the Planning Commission in their mooting last ovoning, a rcvisod final map and tentativo map of Bovorly Glon Subdivision was subnittod. The Planning Commission approved the tontativo portion of the nap as a vory nuoh improved design ovor tho original design submitted and approvod by tho City Planning Commission and the .'Council. It wart agreed by the Planning Commission that tho final map bo accepted and tho data and signaturos bo erased and now signaturos affixed to the sheet pending approval of the City Attorney. The Planniar Commission authorized Commissioner Crownovor to be tho Exocutivo Socrotary until Chairman Christman roturbs. ATTORNEY CAMPBELL said it is his undorstanding that Mr. Poultor has written a letter to Mr. Gordon, and that tho situation has straightened itself out. In the ovont you wish to adopt the nap, a rosolution has boon properod conditionally upon the agroonont coming in and boing signed. .Mr. Campbell said ho talked to Mr. Poultor this ovoning and thoro is apparently a nisundorstanding oithor by Mr. Gordon or by a nisintorprotation of Mr. Poultor's statonont. Ho said tho contract was roady for signaturo at tho Water Company, how- evor thoy want to soo tho final nap. Evidontly, Mr. Gordon assumed that ho meant tho final map after approval by tho City. That was not nocossary, but tho contract is in tho office of tho California Water and Tolophono Company subjoct to signaturos by Mr. Gordon or his corporation. Tho Wator Company has signod. What is boforo the Council et this tino is the tontativo map. 5/22 • • 796 RESOLUTION NO. 5447 was read, es follows: BE IT RESOLVED by tho City Council of tho City of National City, California, that tho tontetivo atp of Bovorly Glon Subdivision bo, and tho sano is horoby approvod upon tho condition that tho minimum inprovo- mounts roquirod by Soction 8 of Ordinance 803 bo coapliod with. Movod by Hart, seconded by Clarke, that tho Rosolution bo ad- optod. COUNCILMLN CLi1tIGLN cskod if thoro has boon any 'major changos sinco it was epprovoc! provicusly. MR. WAGNER said "V' Avenue is along tho wostorly lino running southerly from 8th Stroot, in tho redosign thoy novod "V" Lvonuo oastorly to tho contor of tho block; a suggestion by tho F. H. L. It nakos a bottor looking subdivision. Tho lots aro substantially the sano in number and sizo. Carriod, all Councilnon prosont voting aye. • ATTORNEY CAMPBELL said that before tho final nap can bo submittoc' you must ontor into an agroonont with Mr. Gordon. MR. DLISS of the Associated Construction Company statod that the Water Company and Mr. Gordon havo ontorod into an agroonont whoroby tho Water Company will furnish wator to tho subdivision, thoy have writton a lottor to that offoct and will furnish a copy to the Council if• you so wish. ATTORNEY CAMTBELL said it is not that agroonont wo aro concornod with at this tino. Tho Water Agroonont would havo to bo furnishod tho City boforo tho final signatures would bo made on tho map. Mr. Gordon was givon an agroonont which ho was to tako to his company and havo oxocutod and bring back to the City. It is an agroonont to install cortain things in the tract. ACTING CITY ENGINEER SMITH stator' ho callod Mr. Gordon today and it was his understanding that ho would bo horo this ovening. Mr. Smith said ho thought Mr. Gordon undorstood what he was talking about when ho told hin about the agroonont to inprovo streets. ATTORNEY CLMPDELL said it is going to bo necessary for the Associated Construction Corp. to ontor into an agroonont with r • 5/1. 797 tho City of National City, and that is the agroonont Mr. Gordon has. MR. SMITH statod that if thoro is any possibility of dologat O ing authority on that agroonont to tho Acting Mayor, or to tho Acting Mayor with the Attornoy's approval it is his suggestion that it bo dono, for this reason: These pooplo, tho Associatod • Construction Corp. havo had notleo from tho water Company that thorr connitnont for water will lapso as of Juno 8th, if the nap is not at that time filed. After your signature hero it will e require sovoral days time to q y got tho nap on record in tho County Rocordor's o:fico; It oust bo chocked by tho Title Company and the Board of Supervisors boforo filing, so it is in tho naturo of an omorgoncy. ATTORNEY CLMFDELL stated that if tho Council wish to ontor into an agroonont for tho performance and install- ation of certain inprovenonts by the Assoelatod Construction Corp • ho hoe a rosolution proparod for that purposo. Tho contract provides that tho Associated Construction Corp,. is the ownor of eortain lands, they are creating a subdivision, and thoy agroo with tho City of National City to install curtain improvements within 365 days, in compliance with all the laws of this City and State. Tho improvements aro noro particularly described as follows: 011 surfaeo, 83,000 squaro foot, ostimatod cost $5,810.; curbing, 3,364 linear foot, ostinatod cost $5,046.; stroet grad- ing, 110,000 squaro foot, $2,200.; onginooring costs $$1,703.; 1 1 1 dolnyod staking, $300.00. Tho lssociatod Construction Corp. agree: to protest and hold harmless tho City of National City from all claims of liability for porsonal injury, proporty damage, labor or material claim which may bo mado against the City by reason of this particular work. As a guarantee for full and faithful performance of all thoso roquirononts thoy aro to post a suroty bond in tho sum of $15,000., which has boon posted. They agree to comply with all roquirononts of Ordinanco 803. 5/22 798 RESOLUTION NO. 5446 was road, as follows: Tho City Council of tho City of National City, California, doos horoby rosolvo as follows: Suction 1. That cortain agroonont botwoon the Associate.. Construction Corp., a California Corp., and tho City of National City, a Municipal Corporation, said agroement dated May 22, 1951, a copy of which is attachod horoto and incorporated horoin, the sane is fully sot forth heroin, bo, and tho sand is horoby approvod. Section 2. That John Curry, Acting Mayor of the City, bo, and he is horoby authorizod and diroctod to exocuto tho sane for and upon 'iohalf of said City upon the posting of the bond by Associated Construction Corp., a California Corporation, as provided•in said agroonont. Soction 3. That all signatures horoin authorizod shall bo executed in the presence of tho City Lttornoy. Movod by Clarke, soconded by Hart, that tho Rosolution bo adoptod. Carried, all Councilnon present`voting ayG. LTTORNEY CLMPBELL stetod if tho Council wish to conditionally accopt the final nzp, tho rosolution is proparod. RESOLUTION NO. 5449 was road, as fellows: BE IT RESOLVED by tho City Council of tho City of National City, Crlifornia, that the final move of Devorly Glen Subdivision be accepted by the City Council of National City, California. And that John Curry, Acting Mayor of the City of National City, and tho City Clerk and City Attorney, be, and they are horoby authorized to sign said nap in the prosonco of tho City Sttornoy, upon the filing with the City Clerk a copy of tho arrangements made by tho sub- dividor with tho California Wator and Tolophono Company, for tho installation of tho required water mains in said subdivision, all after approval by the City Attorney as to tho fora and legality of such arrangements. Movod by Carrigan, seconded by Hart, that the Rosolution be adoptod. Carried, all Councilnon present voti. 5/22 799 • 0 ayo. ACTING ADMINISTRATIVE OFFICER WAGNER subnittod for tho approval of the Council the outlino of en advortisonent for tho position of Administrative Officor for the City of National City, Calif. "Administrative Officor, City of National City, Calif., populat- ion 21,000 invitos applications for tho post of Administrativo Officor. Salary open, Write oxporionco, qualifications, roforoncos and othor information in taro of the City Council, City Hell, National City, California." This ed is to be placod in tho Westorn City Magazino, tho San Francisco Chroniclo nows- paper, tho Los ingolos Examiner nowspapor, tho San Diogo Tribuno- Union nowspapor, and tho National City Mows. Movod by Carrigan, seconded by Clarko, that tho advortisenent as rood be approved. Carried, all Councilmen prosont voting•ayo. ACTING ADMINISTRATIVE OFFICER WAGNER statod ho rocoived a tolopho' call from Mr. Adams of tho Pacific Telophono & Tolograph Company, in which he roquostod tho Council to eonsidor approval of tho location of a tolophono booth on Division Stroot noar tho socond polo west of Harbison Avonno. Mr. Wagner suggostod that Mr. Ade: writo his roquost and submit it to tho City Council, and a lottor was received. It roquosts tho approval for the Pacific Tolophono & Tolograph Company to put a tolopnono booth on City proporty. This booth is to bo located next to tho curb end near a powor polo, et approxinatoly 2936 Division St., National City, Calif. ATTORNEY CAMPBELL suggostod that this bb mado in tho form of a resolution, setting forth any othor torus upon ronoval at any particular tino, and what tho liabilitios might bo, and that it bo laid ovor until tho noxt mooting, at which tine tho rosol- ution will be proparod. VICE MAYOR CURRY roquostod this nattor laid ovor until tho noxt mooting. 5/22 • • 800 • • 1 1 0 ACTING ADMINISTRATIVE OFFICER WLGN^R statod wo hovo had anothor request for a tidelands loaso on Pareol 13, which runs south of 24th Stroot oxtonsion along tho bulkhoed lino. It is approx- imately 9i acres. A Mr. L. R. Kingaard callod at tho offico for information and ho was providod with a nap of tho tidelands area showing the parcolin(3 and also s sample loaso to study. Ho will report back with a writton roquost to tho Council perhaps by the noxt mooting. He prcposos to build a Yacht and Marino Salos and Sorvico Yard. COUNCILMAN HART askod if there was water in that suction of tho tidolands. ACTING ADMINISTRATIVE OFFICER WAGNER said ho did not believe tho water is at that particular point. VICE MAYOR CURRY asked if it would bo a cost to the City to pipe tho water. ATTORNEY CiMPDELL said that tho Council can provido any way that thoy see fit. There would not be any reason why you would havo to furnish water. COUNCILMAN CARRIGAN stated water was provided to tho othor lessees by an agroemont with the Water Company whoreby we paid $5,000. or $6,000. to get the mains in thoro, but it was to bo proratod back over a period of ton yoars by the Wator Company. If tho water main has to run too far, thoy nay or may not want to go ahead with it unloss tho City pays the bill. ACTING ADMINISTRATIVE OFFICER WAGNER said Building Inspector Bird asked if tho Council night consider putting up some type of temporary wood sign posts on stroots in National Vista Subd., namely: Kenton, Clairmont, Drexel, Belmont and Norfolk Stroots, as thoro are no street signs, and tho cost of the motel onos at this time might bo too expensive. Mr. Bird fools that thoy aro needed. COUNCILMAN CLRRIGAN said ho thought it would bo well for Mr. Finnorty to ineludo this in his next year's budgot. VICE MAYOR CURRY roquostod that this bo laid over. • 5/22 • 801 -ACTING ADMINISTRATIVE OFFICER WAGNER said ho received a call fron Mr, Malonoy who hes intorosts in property in National Vista No. 1 Subdivision, roquosting the moving of tho firo hydrants which we spoke of proviously. Thoro aro five hydrants to bo moved to a now location at a cost of $60.00 each, or total outlay to tho City of $300. Mr. Malonoy said ho hopod tho Council would consider action vory soon as it is holding up $30,000. worth of construction. COUNCILMEN CLARKE said the question of fire hydrants 1s a very serious ono. COUNCILMEN CARRIGLN asked if the Water Company did the moving of tho firo hydrants. ATTORNEY CAMPDELL said thoy did. This, Mr. Campbell saie he boliovod is ono of tho enorgoncy ordors, and if tho Council deon it an emergency you aro going to havo to authorizo tho payment of $300. or the necessary oxponditure, and find tho money some place, evon it if necessitates eliminating sono othor itom. COUNCILMAN CLARKE said he boliovod thoro is sone othor expenditure that could be put off for tho time being to tako taro of this. MR. WAGNER stated tho P. H. L. will not grant connitnonts on the building of sono $30,000. worth of houses until tho curbs aro in and tho curbs cannot be put in until the firo hydrants aro moved to their proper location. Moved by Carrigan, socondod by Clarko, that tho necessary oxpondituro for tho moving of tho fire hydrants bo authorizod. Carrion, all Councilmen present voting aye. ACTING ADMINISTRATIVE OFFICER WAGNER reported that Mr. L. R. King of tho Groat Anorican Indonnity Company came to the office aad requestod a City signaturo on a report of property damage accident; a nanholo at 4th and National Lvonue of brick con- struction had caved in, plugging tho sowor lino end causing ovor- flow of sowor wator into claimants' prenisos, namoly: Hartwoll= Skinner Furniture Company, Wilson Dross Shop, Avonuo Cloanors, and Ruth's Loauty Salon. A report fron Stroot Supt. Finnorty 5/22 1 1 • • 1 • 802 was road, which statod that tho manhole at 4th and National caved in, plugging up the sowor lino. Tho obstaclos were removed ATTORNEY CAMPBELL stated it is a claim, and you aro covered by your insurance, and tho claim was turned ovor to the Insurance Company. This is the statomont of tho property damago. VICE M.YOR CURRY asked that the roport of Streot Supt. Finnerty be turned aver to tho City Attorney. Moved by Hart, seconded by Carrigan, that tho mooting be closed. Carried, all Councilmen prosent voting aye. VICE MAYORF NATIO L CITY, CALIFORNIA ATTEST: geez- CITY CLERIC 5/22 ♦