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HomeMy WebLinkAbout1950 11-28 CC MIN348 National City, California, November 28, 1950. Regular meeting of the City Council was celled to order by Mayor Clinton D. Matthews at 7:30 P.M. o'clock. Councilmen present: Carrigan, Clarke, Curry, Hart, Matthews. Council' men absent: None. Moved by Carrigan, that the reading of the minutes of the regular mooting of November 21, 1950, be read. MAYOR MATTHEWS said that if there wore no objections, the minutes would be read. CITY CLERK ALSTON read the minutos. COUNCILMAN CLARKE raised a few questions regarding the compiling of those minutes. MAYOR MATTHEWS asked if there were any corrections or omissions to these minutos. Moved by Curry, seconded by Carrigan, that the minutes be approved. Carried, all Councilmen present voting aye. MAYOR MATTHEWS explained that it was the job of the City Clerk to handle all records and to koop the records and tho minutes of the meetings. ADMINISTRATIVE OFFICIALS present: Alston, Warner, Oauteroaux, McClure, Herbison. HERBERT A. BARNES was present and stated that he was in accord with Councilman Clarke in regard to the minutes and also talked about tho insurance policy to Fleck and Bailey, and questioned insurance coverage between the 30th end the 31st of March. THE MATTER OF THE FORTY HOUR WEEK was presented. The communication from the Civil Service Commission was re -read. COUNCILMAN HART said he is in favor of the 40 hours with no 11/28 1 1 349 salary raise at present. COUNCILMAN CARRIGAN said that he personally feels that the 40 hour decision should not be turned down but laid over until tho next budget session and considered at that time with the employees. Moved by Councilman Carrigan that the rocommendation of the Civil Service Commission be upheld, and that the forty hour week be brought up at the next budget session. COUNCILMAN CLARKB said he would like to debate on that subject. COUNCILMAN CURRY said ho agrood to a certain oxtent with Mr. Carrigan, and there is a question in his mind as to the time to do it. COUNCILMAN CLARKE said that on a point of order he did not hear any second to that motion. MAYOR MATTHEWS said he asked for a second and if there is not any, he would second the motion himself as he is surd at the next budget session he will look on it with much more favor than in the middle of the period. MAYOR MATTHEWS stated that the motion had been moved and seconded and asked for a roll call motion. COUNCILMAN CLARKE asked the Mayor that ho be allowed to discuss the question. MAYOR MATTHEWS said Mr. Clarke could have the floor. COUNCILMAN CLARKE again expressed himself favoring tho forty hour week. MR. CLARKE amended the motion that beginning January 1, 1951, the City employees of National City bo granted a 40 hour week by tho City Counoil of National City. The details concerning the 40 hour will naturally bo worked out by the various department heads and the City Manager. MAYOR MATTHEWS said he believed that we would have -to vote on the first motion. ATTORNEY WARNER said that as a matter of rules of order, tho first motion should be disposed of. Mr. Warner said his feeling is that 11/E8 350 Mr. Clarke's motion is not an amendment to the other motion but it is a motion of itself, and the first motion should be disposed, of. Motion made by Carrigan, seconded'by Matthews, carried, by the following vote to -wit: Ayes: Carrigan, Curry, Matthews. Nays: Clarke, Hart. CIVIL SERVICE COMMISSION VACANCY was again presented. ATTORNEY WARNER said he had a message from City Manager Sullivan and that she has interviewed Mr. Tikkanon and Mr. Stein and both have agreed that they would be very happy to serve the City in any capacity they were able to do so. She has offered for your consideration that the Council appoint Mr. Tikkanen to the Civil Service Commission and Mr. Stein to the vacancy in the Redevelopment Agency. RESOLUTION NO. 5364 was read, appointing Henry Tikkanen to serve On the Civil Service Commission for the unexpired term of M. C. Paterson. Term expires October 1, 1951. Moved by Carrigan, seconded by Curry, that the Resolution be adopted. Carried, all Councilmen present voting aye. MOVED by Carrigan, seconded by Curry, that Charles Stein be appointed to the Community Redevelopment Agency. Carried, all Councilmen present voting aye. COMMUNICATION FROM METROPOLITAN WATER DISTRICT was again presented. CITY CLERK LLSTON stated that if tho Council wish to pay a portion of tho tax from our funds the policy must be established before the loth of December. Moved,by Hart, seconded by Carrigan, that the Attorney prepare -the Resolution. Carried, all Councilmen present voting aye. 11/28 351 CITY CLERK ALSTON stated the next item laid over was the matter of tho Community Redevelopment Agency report to make the National Hotel Building a redevelopment project, This cannot be done under Federal Funds but can bo done under State Funds providing there is at least 90,000 square feet, or one city block. MAYOR MATTHEWS asked the Attorney if there would bo any objections to determining the whole block be called a redevelopment area. ATTORNEY WARNER said that in view of the fact that the Teacher Building is a new and well constructed building that you may run into difficulty if you make that squaro block a redevelopment area. MR. WARNER seld he thought it was a matter that should be given` serious legal research and consideration before any action is taken, as it is a new Act. CITY PLANNER WARNER said there was a meeting last week and the Community Redevelopment Agency believed there wore possibilities in the State Act which could provide loop holes for that area to bo con- sidered es a Redevelopment Agency under State Act only, but they did not go into it completely. Moved by Carrigan, seconded by Hart, that this matter be turnod over to Mr. Wagner, City Attorney Warner and tho Community Redevelop- ment Agency for an investigation, and that they be given a week to bring the information beck, ATTORNEY WARNER said they would do their best to have the information by next week. Carried, all Councilmen present voting aye. RESOLUTION NO. 5365 was reed, accepting an easement and dedicating it for street purposes only to the City of National City from W. G. EBBS and ELEANOR C, EBBS. CITY CLERK ALSTON is directed to have same recorded. Moved by 11/28 352 Curry, secondod by Hart, that the Resolution be adopted. Carried, all Councilmen present voting eye. BILLS LUDITED by the Finance Committee presented: General Fund $690.10 Capital Roservo Fund 124,20 Comm. Redevolop. Fund 104.58 Library Fund 10.00 Perk M & I Fund 3.60 Plann. Coacission Fund 1.00 Street Fund 7.21 TOTLL $94•0 69 Moved by Curry, seconded by Hert, that the bills be allowed and warrants orders(' drawn for same. Cerried, by the follow- ing vote to-witi Ayes: Carrigan, Clarko, Curry, Hart, Matthews. Nays: None. RESOLUTION NO. 5366 was read, authorizing the payment of $124.20 from the Capital Reserve Fund, as follows: San Diego County Treasurer, $124.20, Option No. 5544. Moved by Hart, seconded by Curry, that the Resolution be adoptod. Carried, all Councilmen present voting eye. RESOLUTION NO. 5367 was reed, authorizing the takine up of the option of the following described tax-deoded lands: City of National City: Rancho do la Nacion in 1/4 Section 153; Ely 40 feet of Sly 1/2 of Wly 1/2; Wly 40 foot of Sly 1/2 of Ely 1/2 of fly 1/2; Sly 40 foot of Ely 1/2 of ' Wly 1/2 (ex Wly 40 foot) & (ox Ely 40 feat) in 10 Acro Lot 3. The City clork is-uthorizod and directed to pay to the County of San Diego, tho sun of A124.20 for the exercise of said option. Moved by Hart, seconded by Curry, thet the Resolution be adoptod. Carried, bf tteofollov1ng vote toevIt: Ay.ca: Clrrko, Curry. !Hart, b!ztthcws. Heys: Fone. 11/28 363 Councilman Carrigan out of room. COMMUNICATION FROM C. O. DONftH'JB was read, in regard to the noise made by the Film Tranapert Ccapany. ATTORNEY WARNER said he would like to suggest to the Council that this matter again be referred to the Chief of Police. Mr. Warner said that he is of the opinion that unless the man is violating a law of the City there is no grounds to deny a license, and if he is violating a law then he should be complained against and prosecuted. COUNCILMAN CLARKE said perhaps the Attorney would check into this end be sure we are not violating any law, that he cannot see where we are. We have Ordinances eliminating noises and everything else, what does it matter where tho noise cones from. We have an Ordinance to protect people from noises and now wo have to argue whether we can stop the from doing it, it does riot make sense. MAYOR MATTHEWS tasked if it would be proper to make the motion that the license not be issuod without per- Mission from the Council, so we can et least have a talk with the man. ATTORNEY WARNER said he did not think so, The Ordinance is on the books and you have to have grounds to deny tho man a license. Tho man has never boon arrested or prosecuted or convicted of any crime. Moved by Clarko, seconded by Hart, that this be roferrod to the Chief of Police for action. Carried, all Councilman present voting aye. MAYOR MATTHEWS requested that Mr. Donahue be notified that he gust sign a complaint. CITY CLERK LLSTON roportod tharo is a request for an on sale beer license from Ja*au:- F. Lsthi::cr, 22-24-CC 1. 7th St. 11/28 1 354 and it is recommended by the Chief of Polito that the license be granted. Also a request from D. D. Williams Stores, 130 E. 8th St, for off sale boar and wine. Chief Bates made no recommendation as it is near a church. Moved by Clarke, seconded by Hart, that this be laid over until the next meeting. Carried, all Councilmen prosent voting ayes REQUEST FOR REFUND on business license by George N. Cooper, was reed. The request was approved by LICENSE COLLECTOR BATES for $5.00. Moved by Curry, seconded by Clarke, that the refund be made. Carried, all Councilmen present voting aye. COMMUNICATION FROM DISABLED AMERICAN VETERANS was read. They request permission to show a mobile exhibit for a short period within the next sixty days. Moved by Hart, seconded _ by Curry, that permission be granted. Carried, all Council- men present voting aye. ATTORNEY WARNER presented a petition, which was turned,into the City Manager's office last woek, and contained 1365 names, requesting that an Ordinance be adopted prohibiting the operation of card rooms within the City limits. A letter from A Citizens Committee attached to the petition was road, requesting that action bo taken on this matter at the oerliost possible date. LTT^RNEY WI.RNER said hu is of the opinion that an Ordinance can bo parsed to tan card rooms on or after tho tat of Jart.a^y 195) • :A:, Warner a :atod that the citizons have a right. to brims ai, i itiattve pet- ition end force tno ordinance if tnuy soo fit. REV. 11/28 355 THOMPSON, spokesman for the petition group said it is the purpose of the Citizens Committee tc have it effective the first of the year es they realize that it could not be in this present year. ATTORNEY WARNER said you could not have an ordinance effective before that tiro unless you made it an emergency ordinance. MAYOR MATTHEWS said If there was ' no objection the first reading of the ordinance would be heard et this time. ORDINANCE NO. , an ordinance prohibiting card rooms in the City of National City, was presented for the first read- ing. The ordinance was read in full. MAYOR MATTHEWS asked if this would cancel out any former ordinance that we may have. ATTORNEY WARNER stated some question has been raised regarding this, that the ordinance which licenses three card rooms in the City might have to be repealed, but if necessary it could be done in a separate ordinance or as an amendment to this one. E. J. CHRISTMAN was present and questioned whether this Ordinance was adequate. JUDGE HARBISON was present and said he understood that the City of Pasadena has an ordinance prohibiting the licensing of any card rooms as a business, and a Supreme Court decision has upheld the ordinance, and there is a question in his mind what you want, whether the City wants an ordinance prohibiting certain games or prohibiting the use of commercial card rooms. MR. LLSDORF was present and favored the outlawing of card rooms. Moved by Carrigan, seconded by Curry, that the Ordinance be laid over until the noxt mooting for the srcend and fires/ reedinc. Carried, 11/28 1 356 by the following vote to•wit: Ayes: Carrigan, Curry, Hart, Matthewa. Nays: Clarke. ATTORNEY WARNER stated that the final map on Park View Terrace is now ready, however thore are two problems to be discussed. Mr. Freeland made a survey and it is different from the generally accepted street on Fourth Street, It shows that the boundary line of the proposed subdivision would be approximately slightly in excess of 17 feet from what has been considered the middle of Fourth Street. MR. WARNER said it would be up to City Engineer McClure to decide whether or not the nap is technically correct. If this a correct survey than the other lines or new subdivisions or any new surveys will have to be made in accordance with it. Should it be deteratnod that it is wrong and the old line is correct, then there is no harm done. MR. McCLURE said it would simply mean in that case,that the subdivider had dedicated to the City some 17 odd feet that he does not own and is already dedicated as a street, it would be a re- dodioation of a portion of a street, that is in the event that Mr. Freeland is wrong. In case ho is right there is nothing to ho done about it. MR. WARNER said eventually this may have to be settled in a court action as to whether the old line prevails or whether tho one sot cr Mr. Freeland prevails. The only problem would be if you ever closed Fourth Street, which is unlikely, then the question arises as to owns this 17 foot. ATTORNEY WARNER said the width of Division Street has boon amicably settled. This map and the one approved shows it 60 feat, but M.. Warner said it is his understanding that tho oubdiv:de-; ban careod to a set- 11/P8 t. t 357 back of 4 moro foot on tho curb and an additional sotback in the houses to make a wider trnvolway whieh would give 52 feet. There will be 4 foot from tho property line to the curb line, or a 52 foot trevelwny. COUNCIJ.MAN CARRIGAN thought the map should be hold over another week until City Manager Sullivan was present. MAYOR MATTHEWS asked if this would cause any hardship. ARTHUR LYNDS was present and stated that these houses will -be built under the name of Park View Homes. You know the consequence this regulation X has on both building and furnishing homes for people who are in need of them, both veterans and non veterans. The 111 lots were presented to the F H A and veterans Administration under this same subdivision plan and accepted prior to October 12th, when regulation X started. The Veterans Ad- ministration informed theca that they received a wire from Washington requesting from tho local district offices tho list and the number of all houses throughout the United Status that had come in prior to October 12th and that all had to be started within sixty days from October 12th. The tentative map has been accepted by the Planning Commission and the Council. Mr. Lynda said the time element involved is very important as it means the difference of offering 111 houses within the City to veterans for $450. or $510. down as against $1300. and $14 00. down, end we might have a chunk of land to sell if we cannot get started before December 12th, and we cannot by law start any construction until the map is acceptod by the Council and filed. COUNCILMAN CLARKR asked Mr. Lynda if there was enything in writing regarding the agreement. MR. LYNDS said no, that Mrs. Sullivan and the • -• 358 City Attorney are to -draw the letter so that the City will have a guarantee that we will do what we have agreed. Moved by Clarke, seconded by Hart, that the amp be accepted. Councilman Curry and Carrigan felt that the map should not be accepted et this time. ATTORNEY WARNER said that the State law probides that you ar;rcve it either at your next meeting or not more than ton days afterwards, and recommend- ed approval. Carried, by the following voto to-witr Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. COUNCILMAN CLLRKE discussed boundary lines between Cities with Mr. Freeland. ATTORNEY WPRNER reported on the lense the Mayor wee author- ized to sign with San Diego Transit Mix. He stated that the Resolution did not set forth there was an option for renewal, that it is ready to be signed and Mr. Warner said before he presented it to the Mayor for signature he wanted the Council to be aware of that fact. RESOLUTION NO. 5368 was rend, authorizing the Street Superintendent to paint out tho curb for a taxi stand on the North side of 8th Street on the W 201 of E 85', measured from the property line on National Avenue, and the remaining 651 be painted for a bus stop, and that the bus stop on the North side of 8th Street, East of National Avenue, be closed to buses. Moved by Carrigan, seconded by Clerk°, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5369 was read, setting the sum of $210.00 as 11/28 359 tho opening bid for a public tax sale on Lots 16 to 20 inclusive, Block 119, City Plat. The City Tax Collector is directed to advertise the afore-doscrihod property for sale at public auction in accordance with law. Moved by Carrigan, seconded by Curry, that tha Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY WARNER stated thet Mrs. Sullivan asked him to prepare a Resolution on the Architect's Contract for the proposed fire station and Mr. Brydegaard submitted an Architect's Contract for approval and Mr. Warner said he has made a number of corrections which he thought necessary, and he gave it back to the City Manager, end a final copy has not been prepared. However, Mrs. Sullivan said she would like to offer tho Resolution anyway so that when the technicalities in the contract are corrected it could be signed. COUNCILMEN CARfIGLN said he thought the Resolution should be laid over until they have en opportunity to see the. preliminary drawings. MAYOR MATTHEWS said if there wore no objections this would bo laid over until the next meeting. ATTORNEY WARNER referred to the proposed Bee Ordinance. COUNCILMEN CARRIGAN asked if it would not be a,more simple proposition for the people that are being hurt to bring a civil suit, for this particular boo hive or bees, to which ATTORNEY WARNER agreed, althcugh it is a little difficult for then to do. MAYOR MATTHEWS thought the City should have the Ordinance. INLNCB N0. ,,.an ordinance probLbiting .keeping. of 11/28 360 bees within the City of National City, was presented for the first rending. The Ordinance was read in full. Moved by Carrigan, seconded by Cu~ry, that the Ordinance be ]aid over until tho next mooting for the rocond ani final reading. Carried, by the following vote to -wit: Ayes: Carrigan, Clarke, Curry, Hart, Matthews. Nays: None. ATTORNEY WARNER stated there was to be a meeting of the City Attorneys tomorrow evening in the City Manager's Office regarding sales tax. ATTORNEY WARNER reported on the matter of auctions, and the regulations which have been before the Board of County Supervisors. The City License Department has a letter from Auction, Inc. requesting information and proposing to open an auction place et 2030 National Avenue and run it five days a week. ATTORNEY WARNER said he called this to the attention of the Council because of tho interest and controversary that has boon going on before the Board of Supervisors as it locks like we may be faced with the same problem. MR. WARNER said he had copies of the ordinances now in effect in the City of San Diego and one prorosod by the Better Business Bureau. MAYOR MATTHEWS said he thought it well to give this consideration and action. COUNCILMAN CLRRIOAN suggested we should instruct the Attorney to draw up an Ordinance banning it as it is detrimental to every business in town. ATTORNEY WARNER said you could not stop a can from going in business but these ordinances are regulatory. RESOLUTION NO. 5370 was read, granting a special zone variance permit to Imogene M. Darr for the purpose of 11/28 361 establishing a real estate office at 1019 E. 18th Street, in her home. Property described es East 25 feet of Lots 8, 9 and 10 and ell of Lot 11 in Bloat ''C" of Beermaker'e Sub., of the Ei Si of 20 Leo Lot 1, Quarter Section 133. Signs to be kept 15 feet beck from the property line and must most the requirements of a C-2 zone. Moved by Hart, seconded by Clerks, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5371 was road, denying the petition of B. R. Hollingshead, requesting a permit to build one four unit apartment building without providing extra garages or park- ing space for same on property described as Lots 6 & 7, Block 1, W. R. Reefs Subd., located et 26 East Third Street., Moved by Carrigan, seconded by Clarke, that tho Resolution be adopted. Carried, all Councilmen present voting aye. COUNCILMAN CURRY inquired as to the legality of the City going into the County and making sewer connections, and wondered if the City had made an agreement with Mr. McCullough. MR. WARNER stated that the notion of the Council was that Mr. McCullough be permitted to hook up if he paid $3.00 a month and signed a letter that he would come into tho City, to which ho has complied. MR. WARNER said ho has not had time to draft the agreement. COUNCILMAN CURRY said he b:lieved the City had two street lights which are in the County, tho City is paying for at least one of those big lights at 30th and National. l.TTORNEY WARNER said he would take it up with the City Manager. 11/28 362 COUNCILMAN CLAMS again commended Mr. Christman and the Planning Commission for their action in trying to prevent places being built with no provision being rude for auto- mobiles. Moved by Carrigan, seconded by Hart, that the meeting be closed. Carried, all Councilmen present voting aye. ATTEST: CITY CLERK 11/28