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HomeMy WebLinkAbout1954 07-23 CC ADJ MIN26 National City, California, July 23, 1954 Adjourned meeting of July 20, 1954 of the City Council was called to order by Mayor Hodge at 8:30 A.M. o'clock. Council membert present: Heck, Hollingsworth, Jensen, Parchen, Hodge. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Curran, Warwick, Wagner, Bird, Bailey. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Thompson. APPLICATION FOR OFF SALE BEER & WINE BEVERAGE LICENSE by Toledo's Produce, 1225 Palm Avenue, was presented. REPORT FROM CHIEF OF POLICE SMITH recommended that a protest be filed with the State Board of Equalization as this place of business is situated in an R1-A agricultural zone. Moved by Parchen, seconded by Jensen, that the recommendation of Chef Smith be followed. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Parchen, seconded by Jensen,this be referred to the City Attorney to file a protest. Carried, all the Council present voting aye. COMMUNICATION FROM JUDGE HARBISON requesting refund of money paid in error to the City, was read. According to the County Auditor's report and the County Counsel's opinion the City has been overpaid in the sum of $112.50 on six cases of violation of the Alcoholic Beverage Control Act. Judge Harbison agrees that the City has been paid money that should have been deposited with the County. Moved by Parchen, seconded by Jensen, this be referred to the City Attorney. Carried, all the Council present voting aye. COMMUNICATION FROM THE CHAMBER OF COMMERCE was read, request- ing 25% of this year's business license receipts as the amount to be set aside for various projects. FRANK BRINKMAN, Secretary of the Chamber of Commerce, was present, and stated that the Chamber of Commerce is not asking for this amount, it is asking that the money be budgeted for specific promotional and educational activities, and no where in the letter does it ask that the money be given or delegated to the Chamber of Commerce. APPLICATION TO MOVE A BUILDING by San Miguel Boys School, was presented. The building is to be moved to 1430 E. 24th Street. REPORT OF THE BUILDING INSPECTOR recommending the granting of the request subject to: Performance Bond of $2,000.00; 120 day time limit, foundation, sewer, structure to conform with the City Building, Electric and Plumbing Code. The building is for use as a residence for Head Master of the School. COUNCILMAN HECK stated he thought the moving of the building onto this property would be a detriment to the area. Moved by Jensen, seconded by Heck, that the application be denied. MRS. KODISH was present, and stated at the time the zone variance was granted for the School in that area it was her recollection that it stated on the variance that there was to be no expansion of school facilities. CITY PLANNER WAGNER stated there will be a letter before the Planning Commission from the School asking that they be relieved of a condition placed on the variance Mrs. Kodish referred to, to allow them to engage in recreational activities on the west side of the original parcel of land. BUILDING INSPECTOR BIRD stated the building proposed to be moved is not to be moved 7/23 27 on the site which has been spoken of here, it is on the south side of 24th Street. Carried, by the following vote to -wit: Ayes: Heck, Jensen, Parchen. Nays: Hollingsworth, Hodge. TREASURER'S REPORT for the month of June, 1954, was presented and ordered filed. CITY CLERK ALSTON stated Mr. San Martin has submitted a Certificate of Insurance to cover his contract, and asked that it be approved by the City Attorney. COUNCILWOMAN HOLLINGSWORTH asked if this Certificate is for the two years, or for just one year. ATTORNEY CURRAN stated the Certificate on its face does not give the information, the only way we could find that out would be to have a copy of the policy which has actually been issued, and if we do not have that before the Certificate would be approved by the City Attorney he would require we be furnished a copy so that we have that for our records. MAYOR HODGE requested this be referred to the City Attorney. REPORT FROM POLICE CHIEF SMITH was read; concerning Robert D. Leslie, who formerly operated the Southwest Marine Salvage Company. COUNCILMAN HECK stated Mr. Leslie owes the City money and action should be taken promptly because of the fact that the Statute of Limitations will take effect before the end of the year. Moved by Heck, seconded by Jensen, that the City Attorney be instructed to sue Mr. Leslie under the terms of his lease contract he had with the City of National City. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. COMMUNICATION FROM CHIEF OF POLICE SMITH was read, stating State law requires that any person handling money must be properly bonded. It was believed the police officers in National City werecovered by a blanket bond, however, the County Auditor advises that the local department is not covered with a fidelity bond as required. The matter was referred to Attorney Curran. PETITION signed by more than 25 taxpayers in National City was presented petitioning the Council as follows: That pursuant to the provisions of Section 51001 of the Government Code of the State of California, there be brought in the name of National City a Court action to have the boundary lines of National City determined; defined, and established. COUNCILMAN HECK stated he thought the citizens have a right to have Council action in pursuing this matter and asked if Attorney Curran has any recommendations as to the manner in which we should pursue this litigation for the Bay Corridor. ATTORNEY CURRAN stated we have a preliminary report from Procopio, Price, Cory and Schwartz, which indicates the procedure which is open to the City. It is assumed that the petition contains 25°or more signatures of taxpayers, and if that assumption is correct then the action is mandatory. EDMOND E. LA CASSE was present and stated he circulated the petition and all who signed were very anxious to do so. MRS. KODISH stated when the boundary controversary first started National City Taxpayers Association went on record as being in favor of the:action this petition requests. Moved by Heck, seconded by Parchen, that the City Attorney be instructed to immediately start litigation to pursue defining of National City's jurisdictional boundaries in accordance with the Articles of Incorporation dated 1887. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. Moved by Jensen, seconded by Heck, that we instruct our Attorney to 7/23 28 immediately notify all parties eoncerned. Carried, all the Council present voting aye. JUDGE HARBISON was present and stated he would be willing to have the Council use the Court Room every Tuesday morning in the month from 8:00 A.M. until 1:30 P.M. for Council meetings, if they so desired. MAYOR HODGE thanked the Judge and stated they have started on a program to make a Council room in the old Fire Hall. COUNCILMAN HECK stated he thought the Judge made a very wonderful offer to the Council, and that possibly for a period of a month or so the offer should be accepted. The City Planner wants to have an opportunity to present some plans for the old Fire Station for use as Council Chambers, and if the Council does remodel the Station it will be anywhere from a month to five weeks before the new quarters are completed. The Council should accept the Judge's offer. MAYOR HODGE said he thought the offer should be considered. COUNCILMAN HECK stated he thought the Judge should be appraised of the fact that we have a meeting scheduled for Tuesday, August 3rd at 8:30 A.M. and request the use of the Court Room until noon time. ATTORNEY CURRAN stated that due to the fact that time is of the essence in this controversy regarding the boundary, and on that basis it may be possible that he would want to check the records, not only in the Supreme Court but in the Trial Court in Alameda County involving the litigation between Oakland and Alameda, and if so he would like authorization from the Council, if it appears that in his discretion this would be beneficial in bringing this petition, to make a trip to San Francisco and Oakland for the purpose of checking over those records preparatory to filing our petition. Moved by Hollingsworth, seconded by Jensen, that the City Attorney be authorized to make the trip. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Parchen, Hodge. Nays: None. REPORT FROM PROCOPIO, PRICE, CORY AND SCHWARTZ was read, giving their legal opinion regarding the procedure which should be followed in order to obtain the boundaries of National City. MAYOR HODGE requested that the meeting be adjourned to the City Planner's Office in order to go over the plans for the proposed Council Chambers. The meeting was called to order by Mayor Hodge. Council members present: Heck, Hollingsworth, Jensen, Hodge. Council members absent: Parchen. CITY PLANNER WAGNER presented the proposed plans for the remodeling of the old Fire Station to make Council Chambers and stated that the figures he had received for the materials, etc. were only approximate and that they might vary quite a lot. He quoted the total price of approx- imately $3,750.00 without a central heating plant, which would be approximately $5,000.00 addititional. BUILDING INSPECTOR BIRD stated the plans have been figured on the basis that the building will be used for approximately five years. COUNCIL- MAN HECK stated that for long range planning we would have to consider a new City Hall and should set aside money for this purpose, but withthe proposed remodeling we should be able toSe the present building for a period of four to five years. CITY PLANNER WAGNER stated he cannot see a very definite future for the old Library Bldg. If the building was razed the material would be of small value, MAYOR HODGE thought it might be well to continue to use the Court Room for Council meetings instead of spending money for something that will be temporary, when a new Civic Center will be necessary before too long. After considerable discussion, it was moved by 7/23 29 Heck, seconded by Jensen, that the Council authorize the City Planner and the necessary Department Heads to proceed with the construction of the Council Chambers down stairs in the Fire Department, excluding the heating system, but including the acoustics style ceiling. Carried, by the following vote to -wit: Ayes: Heck, Hollingsworth, Jensen, Hodge. Nays: None. Absent: Parchen. Moved by Hollingsworth, seconded by Jensen, that the meeting be closed.. Carried, all the Council present voting aye. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL "ITY, CALIFORNIA 7/23