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HomeMy WebLinkAbout1961 08-01 CC MIN32 National City, California, August 1, 1961 Regular meeting of the City Council was called to order by Mayor Hart at 1:30 p.m. o'clock. Council members present* Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Foster, Gautereaux, Golden, Hergert, Kerr. The meeting was opened with pledge of allegiance to the Flag, followed with invocation by Councilman Allen. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of July 25, 1961, be approved. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Vice Mayor Hollings- worth abstained from voting. CITY CLERK ALSTON announced the Sweetwater P. T. A. Summer Dance Com- mittee has a presentation to make to the City. PHYLLIS JENKINS stated on behalf of the Sweetwater Summer Dance Committee from 1958 to 1961, which was sponsored by the Sweetwater P. T. A., she wished to present a silver punch bowl to be used in the National City Community Building. DORA HERRERT, DIRECTOR OF RECREATION, accepted the gift on behalf of the City, and MAYOR HART expressed his thanks. Moved by Allen, sec- onded by Hollingsworth, a letter of appreciation and thanks be sent under the Mayor's signature to the P. T. A. Summer Dance Program. Approved by unanimous vote. RESOLUTION NO. 7971 was read, accepting a Grant Deed and Easement from Francisco D. and Dorothy M. Sales. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote, RESOLUTION No. 7972 was read, approving contract between City of National City and Townsend Company, Identi-Kit Division. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unani- mous vote. RESOLUTION NO. 7973 was read, accepting a Grant Deed from Fluidgenics. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 7974 was read, "RESOLUTION CONSENTING TO ASSIGNMENT OF TIDELANDS LEASE OF NATIONAL FREIGHT TERMINALS." Moved by Reid, sec- onded by Morgan, the Resolution be adopted. Carried by unanimous vote. DEPUTY CITY ATTORNEY GOLDEN stated National Freight Terminals would like to execute the assignment at this time. Moved by Allen, seconded by Reid, the necessary intermission for the time necessary to execute the assignment be approved. Approved by unanimous vote. 8/1/61 33 MAYOR HART declared a recess. The meeting was called to order by Mayor Hart. Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. RESOLUTION NO. 7975 was read, approving the appointment of HAROLD FOSTER as City Engineer. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 7976 was read, authorizing the payment of $1,351.63 to L. B. BUTTERFIELD, INC., final payment on "D" Avenue Sewer Extension and Sewage Pumping Station, from the Capital Outlay Fund. Moved by Allen, seconded by Iviorgan, the Resolution be adopted. Carried by unani- mous vote. ORDINANCE NO."AN ORDINANCE AMENDING ORDINANCE NO. 962 BY REZON- ING CERTAIN REAL PROPERTIES IN NATIONAL CITY", was presented for the second and final reading, and the title was read in full. Upon motion of Hollingsworth, seconded by Allen, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 1005, "AN ORDINANCE AMENDING ORDINANCE .TOc 962 BY REZON- ING CERTAIN MAL PROPERTIES IN NATIONAL CITY". Moved by Allen, sec- onded by Reid, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Morgan, Reid, Hart. Nays: None. REPORT OF CITY ATTORNEY CURRAN was read stating pursuant to directives of the City Council, four protests were riled against the issuance of liquor licenses in National City. The Department of Alcoholic Beverage Control advised it will be necessary to file an amended protest setting forth the specific grounds. In order to comply with the request, the City Attorney requested the City Council to specify the particular mat- ters which it wishes to come to the attention of the department which would authorize the denial of the four applioations now pending. Moved by Allen, seconded by Morgan, the protest on the license at 6th and Roosevelt be protested on the grounds it is being installed next door to a juvenile dance hall; and from 4th to loth Streets and Roosevelt to National Avenues it is a saturated area. VICE MAYOR HOLLXNGSWORTH stated we have a ratio in National City of about one to every 500 per- sons, and thought this should be included in the protest, applying to all four applications. Carried by unanimous vote. Moved by Hollings- worth, seconded by Alien, the City Attorney also obtain some informa- tion from the Chief of Police to include in a brief to file before the AlcobOlie Beverage Control. Carried by unanimous vote. 8/1/61 34 REPORT PROM CITY ATTORNEY CURRAN stated the Division of Highways has discussed the objections raised by the City Attorney and City Manager regarding the contract for the trade of land which the Division of Highways requires for the building of a freeway through sal Toyon Park. The trade can now be consummated and authorization given to the City Attorney to prepare a resolution axthorizing the execution of the con- tract. JARRATT W. WITXPITT, Division of Highways, was present and stated there was a change in the contract which involved a minor change in the legal description. They modified the language so the contract will state the State would assume all the costs of escrow involving the transaction in connection with the acquisition the property of Maeco Corp. for exchange purposes; whereas in the previous contract they had only agreed to assume the cost of the policy of title insurance. CITY MANAGER BIRD asked how we resolved the potential cost of the drainage and sewer. MR. WIT,r,FTT stated it was done by a clause in the contract which Mr. Curran has studied and approved, and read Clause 8 of the contract. Moved by Morgan, seconded by Allen, we authorize the City Attorney to prepare a resolution authorizing the execution of the con- tract; it being a trade between City property and State property. Approved by unanimous vote. DEPUTY CITY ATTORNEY GOLDEN excused. VICE MAYOR HOLLINGSWORTH stated it is her understanding Mr. Crawford appeared before the Council last week relative to obtaining a business license to operate an ambulance service in National City, and it was referred to the City Attorney and the City Treasurer for a report. Attorney Curran was out of town all last week and is still out of town, and asked if City Treasurer Kerr had the report. CITY TREASURER KERR stated she has given what information she could to the City Attorney and has not received any word from him. Moved by Reid, seconded by Morgan, it be held over for another week. Approved by unanimous vote. PARK SUPT. GAUTEREAUX stated in the July 30th issue of the Star News there was an editorial which he considers to be "fairly rough out" and one that should have some explanation as it refers and involves the present administration as well as the Park and Recreation Departments of the City. The editorial was headed: "Tennis, Anyone?" and stated neither in Chula Vista or National City is there a single public ten- nis court. MR. GAUTEREAUX stated the facts regarding the City's ten- nis courts as they are today and as they have existed over a long period of time, since the late 192010. HARRIS G. MANISCAIEO, 2610 E. 16th Street, was present and stated last week he filed a petition for improvement of Lanoitan Avenue from 16th 8/1/61 35 Street to 18th Street. A petition was filed last year but was turned down. It is his understanding they are going to improve Lanoitan Ave- nue from 18th Street to 24th Street, and thought this could be included in the improvement. MR. MANISCAIEO presented a petition of parents who feel the improvement of sidewalks on Lanoitan Avenue from 16th Street to 18th Street would help insure their ohildrens' safety on their way to and from school. VLRA McQUEEN, 2026 "D" Avenue, was present and stated there was a notice in the paper tennis lessons would be started at the City park and took her two children. There were 15 or 20 other children who reported at the same time and they were given lessons that afternoon without any fees; the lessons are given twice a week. Mrs. McQueen stated she was told by one of the young men who gives the lessons the court is open at all times, day and night, for the use of the public. NR. CRAWFORD of the Crawford Detective Agency, was present in regard to his request for a business license to operate an ambulance service. Mr. Crawford said he does have a policy of insurance which complies with all outlying cities around National City of $100,000.00 and $300,000.00 liability insurance which is required by the City of San Diego, Chula Vista, etc„ and it is in force. MAYOR HART requested permission to appoint Thomas Gammon as a member of the Civil Service Commission to replace Clifford Goddard. Approved by unanimous vote. RAYMOND DUKE, 936 "C" Avenue, was present and stated he is the Captain and Commander of the Police Reserve of National City. Saturday evening, August 5th, in the V I P Room of the Plaza Bowl they are having their annual reserve officers banquet, and extended an invitation to the City Counoil and the City's representatives present, their wives and husbands, to attend the banquet. BILLS AUDITED BY THE FINANCE COUMITTBE presented: General Fund Traffic Safety Fund' Park Fund Retirement Fund Special Street Fund Drainage Fund Park Construction Fund $21,581.04 1,973.39 423.18 4,902.09 13,893.01 134.65 3.105.36 TOTAL $46,012.72 Moved by Allen, seconded by Reid, the bills be approved for payment, and warrants ordered drawn for same.. Carried, by the following vote to -wit: Ayes: Alien, Hollingsworth, Morgan, Reid, Hart. Nays: None. 8/1/61 36 PROPOSED CIVIL SERVICE ORDINANCE was presented. Moved by Hollingsworth, seconded by Morgan, it be laid over for another week or two. Carried, by the following vote to -wit: Ayes: Hollingsworth, Morgan, Reid, Hart. Nays: Alien. APPLICATION FOR OFF SALE GENERAL BEVERAGE LICENSE by Lester E. Thompson, 110 National Avenue, was presented. Moved by Allen, seconded by Morgan, it be referred to the City Attorney to protest to the Alcoholic Bever- age Control Department with the other applications. Carried by unani- mous vote. MAYOR HART declared a recess in order to look at the map presented by Mr. Willett of the Division of Highways. The meeting was called to order by Mayor Hart, Council members present: Allen, Hollingsworth, Morgan, Reid, Hart. Council members absent: None. CITY CLERK ALSTON reported the following bids were opened July 3lst for Tidelands Avenue 30-inch Storm Drain: WALTER H. BARBER, $25,173.00; W. V. HUTCHISON, $26,957.50; L. CASTILLO & SON, $27,456,10; PACE CON- STRUCTION C0MPANY, $21,444.00; V. R. DENNIS CONSTRUCTION COMPANY, a31,190.00; L. B. BUTTERFIELD, INC., $21,825.00. APPLICATION FOR NEW OFF SALE GENERAL BEVERAGE LICENSE by Ben Jaokel, Big Ben Market, 108 E.. 8th Street, was presented. REPORT FROM CHIEF OF POLICE CAGLE was read stating the location has been licensed for Off Sale Beer and Wine since June 26, 1947, and is still in effect as of this date. Moved by Allen, seconded by Morgan, it be referred to the attorney for protest. Carried by unanimous vote. APPLICATION FOR ADDING NAME OP ?i SPOUSE TO OFF SALE GENERAL BEVERAGE LICENSE was presented. REPORT PROM CHIEF OF POLICE CAGLE was read, stating 2111 highland Avenue has been licensed under an Off Sale Gen- eral license since July 25, 1947, and specifically under the name of Marjorie C. Turner since April 14, 1955, and is still in effect. In accordance with the Alcoholic Beverage Control Act, the application is neoeesary because of the adding of a spouse, George Melville Turner. Investigation reveals no grounds for protest. Moved by Allen, seconded by Holl .ngsworth, the application be filed. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Reid, Hart, Nays: Morgan. OGLAMMICATION FROM LLOYD P. HUDSON, PRESIDENT, NATIONAL CITY CHAMBER OF 001'ERCE, was read, relative to landscaping of future freeways through NtI tional City. They have been informed if the City will install water 'pipes and pay the water bills the State will landscape future freeways through National City and provide maintenance. Moved by Allen, seconded by Hollingsworth, it be referred to the Finance Committee for study of costs. Approved by unanimous vote. 8/l/61 37 COMMUNICATION FROM' LLOYD J . HUDSON, PRESIDENT, NATIONAL CITY CHAMBER OF COMpEdiCL, was read, relative to the National City Airport, and recom- mended National City and Chula Vista City Councils do everything pos- sible to keep the present airport in full operation as long as it is possible to do so; however, they cannot recommend the purchase of the land for airport use for numerous reasons, as outlined in their com- munication. The Chamber of Commerce requests the Cities support in continuing to seek an airport site suitable to serve private plane owners in the entire South Bay area. Proved by Morgan, seconded by Allen, we continue to work if we are called on to serve with the Cham- hers of Commerce to select an airport site and also keep the National City Airport as long as we can. Approved by unanimous vote. CITY MANAOR BIRD stated by a previous Council action the City Attorney and City Manager were authorized to make a study of the National City Air- port, and requested rescinding of that directive in view of the find- ings which the Chamber has brought forth. Approved by unanimous vote. COMMUNICATION FROM JOHN V. BARR, MAYOR, CITY OF DEL MAR, was read, stating they will be hosts of the August meeting of the League of Cali- fornia Cities. The dinner meeting will be held in the dining room of the Del Mar Turf Club. In addition to the scheduled dinner meeting, the Del Mar Turf Club has offered to provide, free of charge, a reserved section in the Club House to enable everyone to enjoy the afternoon of August 18th to watch the races. Moved by Allen, seconded by Morgan, due to the fact these people are going "all out" for this particular event, we notify all Oblirmen of Commissions, particularly the Planning Commission and the Civil Service Commission, if they have people inter- ested in attending they be included; also the elected officials. Approved by unanimous vote. COMMUNICATION FROM SHERIDAN Y. HEGIAND, ASSEMBLYMAN, addressed to Mayor Hart, was read, stating enclosed are two opinions from Legislative Counsel, and would appreciate it to be reported to the City Council the gist of these two opinions. The first opinion was relative to Alcoholic Beverages #37; and the second opinion relative to Minimum Lighting #76; both of which were read. CITY P'ANAGER BIRD stated if any members of the Council wish copies of the opinions they can be provided. COUNCIL- MAN ALLEN stated he would like to have a copy for study. CITY MANAG"R BIRD stated he has a grant deed for a portion of rlaza Blvd. signed by Charles G. and Nancy 'a. Kerch, and a grant deed signed by James V. and Bertha Anne Toledo, also for a portion of Plaza Blvd., and recommended the City Attorney be authorized to prepare the necessary resolution of acceptance. Approved by unanimous vote. 8/1/61 38 COMMUNICATION FROM ELZER HARVIELL, CHAIRMAN, CIVIL SERVICE COMMISSION, was read, relative to a survey of the position classification plan, pay and fringe benefits of the National City Police Department. The Commission finds the classification and pay of National City police officers compares favorably with the other law enforcement agencies, except the differential pay of officers riding two -wheeled motorcycles. Vacation leave, holidays, health insurance, overtime, retirement pay, etc. are about the same in all agencies; however, there is quite a dis- crepancy with respect to sick leave. A summary of the survey shows an overall raise in pay is not indicated at this time, and recommended consideration be given to an adjudication of pay of motorcycle riding officers and increaseisick leave allowed to all employees. It was also recommended all employees should be indoctrinated with respect to the advantages of conserving sick leave, which in essence is a form of insurance. Moved by Morgan, seconded by Reid, the communication be filed. Motion died by the following vote to -wit: Ayes: Morgan, Reid. Nays: Allen, Hollingsworth, Hart. Moved by Hollingsworth, seconded by Allen, the letter be referred to the Finance Committee for study and a letter of thanks be sent to the Civil Service Commssion. Approved by unanimous vote. CITY MANAGER BIRD stated he has a requestfram.H. P. Van Vaikenburg Company, Inc, , .1627 Nar th ,Chico Avenue, El Monte, California, for a refund of ,a deposit, for. plans and ep ecifications. The deposit required was $10.00,.,and the.plans were mailed to the company, postage for which was 480 as they requested, and recommend the proper officials be auth- orized to draw a cheek from the Trust & Agenoy Fund for $9.52-in favor of H. Valkenburg Company. Moved by Allen, seconded by Hollingsworth, the reoommendation of the City Manager in regard to refund to H. P. Valkenburg Company be approved. Carried,. by the following vote to -wit: Ayes:. Allen, Hollingsworth, Morgan, Reid, Hart. .Nays: None. CITY MANAGER BIRD reported he received a -copy of the minutes of the Civil Defense and Disaster Council meeting of July 24th, and will be on file in his office. Mr. Bird stated there is one part of the min- utes.which will require action of the City, and it has to do with the appointing of aue-one individual in each of the cities with wham they can have constant contact, and did.: not -think it should be the Oity's member of the -Disaster. Council. Mr. Heggland requested each of the cities designate an individual or individuals with whom the coordina- tors may work in. the development of various programs.. Moved by Holiings worth, seconded by Morgan, it be referred to the Finance Committee. CITY MANAGER BIRD stated he thought the motion it be referred to the Finance Committee should, prevail because by aeptember 1st, William . 39 Martin will have this organization here; and Mr. Bird also said he will submit to the Finance Committee, he is a Lt. Cmdr., Ret., and also one other person who will be willing to serve. Approved by unanimous vote. COMMUNICATION FROM J. B. ASKEW, M. D., Director of Public Health, was read, stating Herbert C. Rupp, Sanitarian from his department, made their semi-annual sanitary inspection of the National City jail fac- ilities on July 24th. Mr. Rupp reports the fail facilities are in a good sanitary condition and the overall program for the maintenance of a high standard of sanitation is satisfactory. Moved by Allen, seconded by Hollingsworth, the communication be acknowledged and a oopy be sent to the Chief of Police. Approved by unanimous vote. MMINUTS OF SAN DIEGO BAY COMMITTEE of meeting of July 20th was pre- sented. James Rusk and A. J. Fessman, National City's representatives were present. Mr. McAllister reported a mailing list has been compiled of government agencies to which copies of minutes of the San Diego Bay Committee will be mailed. It was reported by representatives of Chula Vista, Coronado, San Diego and National City all have reoeived confir- mation from their respective Councils for contributions of $50.00 requested from each city. The next meeting of the Committee will be held August 17th at noon at the San Diego Country Club, Chula Vista. COMi4UUNICATION FROM GORDON HOBEL, Secretary, San Diego Bay Committee, was read, stating at the Committee meeting of June l5th it was requested each represented city be asked to contribute 16O.O0 to the San Diego Bay Committee, which it is believed will do much to further develop the South Bay Area. CITY IIANAGLR BIRD stated the contribution is primarily for telephone calls, toll calls, letterheads and a minimum of secre- tarial work, which is necessary if the Committee accomplishes that which we hope they will, and recommended it be referred to the Finance Committee. Mr. Bird stated he will have to have a legal ruling on the matter. Moved by Allen, seconded by Morgan, the recommendation of the City Manager be approved. Approved by unanimous vote. COMMUNICATION FROM PUBLIC UTILITIES COMMISSION was read, stating the Commission has received from the San Diego & Arizona Eastern Railway Company a notice of intention to abandon single pen, two car capacity, stock corral and unloading chute at National City, effective August 21, 1961. If the City desires to make any representation or protest with respect to this proposal, an early reply will be appreciated. Ordered filed by unanimous vote. COMMUNICATION FROM CLAIRL GOLDSMITH was read, stating on august 3rd, her sister, Mrs. Lommasson, 415 L. 1st Street, is having open house for friends who want to help celebrate her retirement from the National 8/1/61 40 City Library. Mrs. Goldsmith stated if any of her friends in the City Hall can call between 3100 and 5400 p.m., both she and her sister would be happy to welcome them. REPORT FROM CITY ENGINEER FOSTER was read, reoommending the contract for Tidelands Avenue 30-inch Storm Drain, be awarded to Pace Construc- tion Company as low bidder. Approved by unanimous vote. RESOLUTION NO. 7977 was read, accepting the bid of Pace Construction Company in the amount of $21,444.00 for Tidelands Avenue 30-inch Storm Drain, Specification No. 662. Moved by Allen, seconded. by Morgan, the Resolution be adopted. Carried by unanimous vote. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS relative to review and evalu- ation of AB 787 and its anticipated affect upon the operations of the City of National City, was read. It was recommended the Building Department be authorized to proceed with the analysis of existing ordi- nances of the City of National City, and prepare any amendments deemed necessary for full compliance with AB 787; and further recommended immediate attention be giv'n to the adoption, by reference, of the Uniform Housing Code as published by the International Conference of Building Officials, and a Division of Housing be established within the present Building Department. CITY MANAGER BIRD stated it is his recom- mendation the authorization as requested by the Building Inspector be granted so he can prepare the necessary documents for transmittal to the City Attorney for his review and return to the Council for action. Approved by unanimous vote. CITY MANAGER BIRD reported the Elgin Street Sweeper is in need of repair which would oost between 61200. and $1500., and recommended rather than spend that amount we enter into an agreement with Brown -Bevis Industrial Equipment Company for the rental of a sweeper for $257.00 a month, with the contract proviso after a certain time of rental the sweeper will be sold to the City for $1.00. Moved by Allen, seconded by Reid, the recommendation of the City Manager in regard to the contract for rental purchase of a Wayne Street Sweeper be approved, and a resolution be prepared. Approved by unanimous vote. RESOLUTION NO. 7978 was read, approving an agreement between City of National City and Brown -Bevis Industrial Company for rental of a Wayne Street Sweeper for a monthly rental of $257.00. Moved by Allen, sec- onded by Reid, the Resolution be adopted. Carried by unanimous vote. COMMUNICATION FROM RICHARDSON DILWORTH, IMMEDIAT1 PAST PRESIDENT, U. S. COFYERENCE OF MAYORS, addressed to Honorable Thelma N, Hollingsworth, was read, urging every effort be made during the next three weeks to promote the passage of the International Development legislation. Moved 8/1/61 41 by Allen, seconded by Hollingsworth, it be laid over for a report from the City Manager. Approved by unanimous vote. COMMUNICATION FROM JOIN B. MORGAN CONSTRUCTION 00., INC., addressed to City Engineer Foster, was read, stating they were asked by the Engin- eering Department to raise the grade of a street known as Peach Blos- som in Williams Manor No. 7 to accommodate the adjoining property for future development. After raising the grade they find it difficult to install the sidewalk without having a contingent sidewalk and curb from the westerly P.C.C. of Buttercup Lane to the west end of Peach Blossom Street. REPORT FROM CITY ENGINEER FOSTER was read, recommending the subdivider be granted permission to install a 4.5 foot wide P.C.C. side- walk contiguous with the curb on the south side of Peach Blossom Street west of Buttercup Lane. Approved by unanimous vote. JOHN B. T'OORGAN CONSTRUCTION COMLANY also requested a variance to install two feet of asphalt in driveways from the face of sidewalk to the property line. All driveways will be asphalt from the sidewalk to the garage. CITY MANAGER BIRD stated he has discussed the matter with City Engineer Foster and it would be his recommendation permission be granted. Moved by Allen, seconded by Hart, the reoonimendation of th“ity Manager and City Engineer be approved. MRS. ROBERT RICHARDS, 1411 E. 16th Street, was present, and stated Councilman Morgan said he would like to see an ordinance which would require the installation of concrete driveways, and would be fine for the apron, but on their property they have two concrete driveways which were'put in on filled dirt and over a period of four years it has a lot`of cracks, oil dripping from cars, etc. which in her estimation is worse than blacktop. Motion lost, by the following vote to -wit: Ayes: Allen, Hart. Nays. Hollingsworth, Morgan, Reid, Moved by Morgan, seconded by :held, it be laid over a week. Carried by unanimous vote. PETITION FROM PROPERTY OWNERS on "T" Avenue between 4th and 8th Streets requesting street lights be inr:talled.along the four blocks, was pre- sented, and referred to the Finance Committee by unanimousvote. COMMUNICATION`FROM NATIONAL SCHOOL DISTRICT was read, requesting the privilege of renting one truck, driver and -sander, August 14th. CITY MANAGER BIRD recommended he be authorised to carry through with the request of the School District. Approved by unanimous vote. CITY ENGINEER FOSTER reported the'eonstruetion work on Tidelands Avenue by the Griffith Company has been completed. CITY ENGINEER FOSTER presented a petition.from property owners on Lanoitan Avenue between 16th.and 18th Streets. REPORT OF CITY ENGINEER FOSTER stated the petition is for improvement of type "G" curb and 8f1/61 42 standard sidewalk. At present improvement plans are being prepared for Lanoitan Avenue from 18th to 24th Street. It is recommended the project be authorized, stating the extent of the improvement so the district can be established, also recommended Lanoitan Avenue between 16th and 18th be included with the present project of Lanoitan Avenue between 18th and 24th Streets. Approved by unanimous vote. REPORT FROM THE PLANNING COMMISSION was read, stating the request of the Council to amend the Zoning Ordinance prohibiting billboards in all z ones other than the M Zones has been carefully considered by the Planning Commission. The Commission recommended the City Council con- sider rescinding their motion regarding billboards and give the Plan- ning Commission permission to develop an ordinance that would give the Planning Commission a comprehensive control of outdoor advertising and signs within the City limits. Moved by Allen, seconded by Reid, we reject the recommendation of the Planning Commission and instruct the City Planner to carry through with the instructions previously issued by the City Council. CITY MANAGER BIRD stated a recent Appellate Court decision in the State of California, as of June, 1961, ruled that an ordinance prohibiting outdoor advertising in commercial areas was invalid; the reason being if it is a commercial zone then you cannot discriminate against outdoor advertising any more than you could dis- criminate against the individual business placing advertising on its roof or on the face of its building. Mr. Bird said he sent the deci- sion to the City rlanner to aid the Planning Department, if possible, in their thinking so an ordinance, if they were to create one, would not be in conflict with the recent Appellate Court decision. It might be it changed their thinking to ask the City Council to rescind their motion and authorize them to come up with a compromise ordinance which would suit the Council, and would carry out the Council's directive. The Council's directive to the planner was to eliminate all billboards on highland Avenue and on National Avenue, and the recent Court deci- sion says it is illegal. MAYOR E1ART said he would approve of rescind- ing the Council's motion after a ruling from the Attorney, but anytime there is a vote of the Council which carries, he wants the department heads to go ahead with it and not question it; if the Council changes it is fine, otherwise it can get out of hand. COUNCILLAN ALLEN, with the approval of COUNCILMAN ROID, withdrew their motion. Moved by Allen, seconded by Morgan, this particular recommendation of the Plan- nirg Commission be referred to the City At'b rney for legality and the City Planner present a modified ordinance in regard to spaces, etc. Carried by unanimous vote. a/1/61 q.3 RG'OUT PROM PLANNING COMMISSION was read, recommending the following documents be accepted and referred to the City Attorney for the neoes- sary resolutions Covenant Running With Land and Easement from James and Iris J. Thompson; Covenant Running With Land by Glenn W. and Gloria R. Turner; and Covenant Running With Land from Claude G. Marlowe. Approved by unanimous vote. REPORT FROM TO PLANNING COMMISSION was read, relative to request from abutting property owners requesting the closing of the alley between 21st and 22nd Streets east of Wilson Avenue, Block 150, City Plat, and recommended the alley be closed. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission to close the alley be approved and referred to the Attorney for preparation of an ordinance. Approved by unanimous vote. Moved by Morgan, seconded by Allen, the meeting be closed. Carried by unanimous vote. Meeting closed at 4:50 p.m. .ATZ,S T : CITY CLnRK F NATIONAL CITY CALIFORf'IL P'IAYQR, ITY Q � 8/1/61