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HomeMy WebLinkAbout1960 09-13 CC MIN81 National City, California, September 13, 1960 Regular meeting of the City Council was Bailed to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: Allen, Hart, Morgan, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bailey, Biggs, Bird, Curran, Kerr, Osburn, Owen, Roberts, Smith, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Daily of the Assembly of God Church. Moved by Hart, seconded by Morgan, the minutes of the regular meeting of September 6, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7808 was read, accepting an Easement and Covenant Run- ning With Land from John H. and Tumiko Balentine. Moved by Hart, sec- onded by Morgan, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7809 was read, approving that certain contract between City of National City and William F. Rosser, and the Mayor is author- ized and directed to execute the same for and on behalf of City of National City. Moved by Alien, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7810 was read, increasing the Petty Cash Fund from $1,000.00 to a limit of 401,500.00, and the creation of said Petty Cash Fund in the sum of $1,500.00 is hereby authorized. Moved by Hart, seconded by Reid, the Resolution be adopted. Carried, all the Coun- cil present voting aye. RESOLUTION NO. 7811 was read, accepting Covenant Running With Land from Robert L. Gautereaux. Moved by Hart, seconded by Alien, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7812 was read, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACKNOWLEDGING THE RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXATION OF TERRITORY DESIGNATED AS "SWEETWATER HEIGHTS" AND AN AFFIDAVIT OP PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF THE PETITION." Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. , "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE 19th STREET BETWEEN HOOVER AND ROOSEVELT AVENUES IN NATIONAL CITY," was presented for the first reading, and read in full. 9/13/60 82 ORDINANCE NO. , "AN ORDINANCE AMENDING ORDINANCE NO. 962 BY REZONING CERTAIN REAL PROPERTY IN NATIONAL CITY," was presented for the first reading and read in full, ORDINANCE NO. , "AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "HUDSON ANNEXATION" TO THE CITY OF NATIONAL CITY," was presented for the first reading and read in full. COUNCILMAN ALLEN stated he is dissatisfied with the legal on the Bonamo Graham Subdivision in the proposed amendment to Ordinance No. 962, and that portion of property surrounding the subdivision and would like to have it removed from this proposed ordinance and made into a separate ordinance because he would be forced to vote "no". Moved by :Alen, seconded by Hart, this be drawn as a separate ordinance, and that the legal be checked for its accuracy with the Planning Commission. Car- ried, all the Council present voting aye. CITY MANAGER BIRD stated a group of City employees, on their voluntary effort, have successfully completed a course in supervisory training methods as sponsored by the International Managers Association in con- junction with the Institute of Training in Municipal Administration. This was a very difficult course, and lasted for a period of sixteen weeks. Mayor Hollingsworth, with the assistance of Administrative Assistant Osburn, presented certificates to twenty-four employees who took the course. CITY MANAGER BIRD stated Mr. Osburn, Administrative Assistant, was the moderator of this class, and publicly thanked him for the job he has done. CITY MANAGER BIRD stated we have four employees who are entitled to service pins, and MAYOR HOLLINGSWORTH presented the pins to the follow- ing: Fire Chief Bailey, 35 year pin; George Boulette, Street Dept., 25 year pin; Deputy Police Chief Owen, 25 year pin. B. J. Gautereaux Supt. Parks & Recreation, has completed 30 years with the City but was not present to receive his pin. MAYOR HOLLINGSWORTH extended her con- gratulations. ATTORNEY CURRAN stated several certificates of insurance have been examined and recommenced they be filed,are as follows: National Insur- ance Corporation certificate showing Franks Contracting Company has bodily injury and property damage insurance; Maryland Casualty Company's certified copy of insurance policy issued to National Dry Kiln & Pro- cessing Company; endorsement to Maryland Casualty Company's Policy No. 31-245312 issued to Western Lumber Company and Sullivan Hardwood Lumber Company; Firemen's Insurance Company's standard form of fire insurance policy issued to City of National City. Moved by Morgan, seconded by Allen, the certificates of insuraxace and insurance policies be filed. Carried, all the Council present troting aye. 9/13/60 83 ATTORNEY CURRAN stated the recorder who took the proceedings of the hearing on the Olivewood Housing last week has requested information as to how many copies of the transcript the City wants prepared. The price for the original and one copy is estimated to be approximately $125.00, and the estimate for each additional copy would be $25.00. Moved by Hart, seconded by Allen, we ask for just one copy to be retained in the City Clerk's office. Carried, all the Council present voting aye. ATTORNEY CURRAN stated the Attorney for the South Bay Irrigation Dis- trict and himself met with two representatives of Leeds, Hill and Jewett in Los Angeles. It is anticipated that office wants to get out its supplementary report to South Bay Irrigation District and City of National City before the end of this month. CITY ATTORNEY CURRAN stated with reference to the referral to him of the matter of the Huntington Annexation which was proposed by the City of Chula Vista, he now has a copy of the judgment which was made and entered in the Superior Court action which was brought by the people of the State of California upon the relation of Walter F. Hodge, Robert E. Hodge and William M. Hodge, doing business under the facti- tious firm name of Hodge Brothers, vs the City of Chula Vista, a Muni- cipal Corporation. This judgment stated "the purported Highland Avenue Annexation to the City of Chula Vista initiated by the filing of a petition for annexation with the City Clerk of said City on the 27th day of August, 1959, and concluded by the filing of a copy of Ordinance No. 671 of said City, with the Secretary of State on January 18, 1960, and all resolutions, ordinances and other acts of said City of Chula Vista pertaining to said purported annexation are, and each of them is hereby adjudged and declared to be wholly null and void from the beginning. It is further ordered, adjudged and decreed that the defendant, City of Chula Vista, a Municipal Corporation, is hereby excluded from any and all corporate franchises, powers, jurisdiction or control over any of the land or territory purportedly annexed to said City of Chula Vista as the Highland Avenue Annexation to the City of Chula Vista, pursuant to, or based upon the petition filed with the City Clerk of said City on the 27th day of August, 1959 for the annex- ation of said area, and Ordinance No. 671 of said City and resolutions and other official acts of said City, done or taken in said purported annexation proceedings." ATTORNEY CURRAN stated the making of this order by the Superior Court of San Diego County purports to go back to the very beginning so at no time whatsoever has Chula Vista had any portion of that territory legally annexed. That apparently is the basis for the filing of the new and different petition for annexation 9/13/60 84 by the City of Chula Vista which is known as the "Huntington Annexa- tion". This puts us back in the same position with reference to the area adjacent to the Huntington Drive -In Theatre as we have been in relation to other areas wherein the borders of Chula Vista and National City approach each other, and puts us in substantially the same posi- tion there as we are farther up into the Sweetwater Valley at the present time with reference to our Sweetwater Heights. annexation. This is more a question of policy than it is of law. At the present time the City Attorney is not familiar with any facts that would indicate there is anything illegal about the activities of the City off Chul exa�ion Vista in now going forward with the annexation known as the Huntington/ MAYOR HOLLINGSWORTH asked if the Huntington Annexation is the exact territory as the other one. CITY ATTORNEY CURRAN stated it is not, it is only a portion of the territory that was included in the High- land Avenue Annexation; because of the requirement of the law it became clear in the litigation brought in the Superior Court the means by which the Highland !.venue Annexation was attempted to be made did not define all the requirements of the law. The determination of the legality of any annexation cannot be made until all of the steps have been completed and an opportunity is given to examine all of the papers, and in this Highland Avenue Annexation it took several months to determine just what had and had not taken place. The extent of the City Attorney's report at this time is the effect as far as the City of Chula Vista has now gone, he does not know of any illegality. DON NORMAN, real estate developer, was present and requested the City have an appraisal made on a piece of property and put it up for sale; the property is one half block, and it is portions of Block 166, 165 and 155. The property lies directly north of:Bahia Vista Industrial Park and is swamp land; they have a special purpose for it and would like it put up for sale. Moved by Alien, seconded by Hart, the request of Mr. Norman be referred to the Finance Committee and City Manager. Carried, all the Council present voting aye. DOROTHY COVEY, 1911 "B" Avenue, was present and asked if there was any comment on the communication she submitted at the last Council meeting, or if there is any thinking on the part of the Council of educating the people in the employ of National City of the problem we are facing regarding communism. Moved by Allen, if the Mayor, Council member or City Manager or some other City official wished to attend and we tholIght it would be an advantage to us to have the facts brought back, it should be considered. Motion died for lack of a second. MAYOR HOLLINGSWORTH stated Mr. Hodge called her sometime ago and also sent her a letter, and she believes Mr. Hodge realized very well we could 9/13/60 85 not expend money on that sort of a school. He asked if each Council member would donate $20.00, not to go to the school themselves but to send some City employees. Mrs. Hollingsworth said she thought it was very commendable for anybody who wished to attend. MRS. COVEY stated there are tape recordings of the entire school available at $5.00 for each tape, and there are eleven tapes. COUNCILMAN MORGAN stated if the President of the Employees Association would like to have a tape, he would be happy to donate the $5.00. Moved by Allen, seconded by Hart, we instruct the City Attorney, City Manager and the City Planner to check Chula Vista's new annexation plans for the legality and make a report to us on what they find, including a report on sewer lines, etc. Carried, all the Council present voting aye. COMMUNICATION PROM J. C. WOMACK, State Highway Engineer, was read, relative to the report of city street and county road deficiencies, a copy of which was enclosed. CITY MANAGER BIRD recommended this be received and placed on file in the City Clerk's office. Moved by Hart, seconded by Morgan, the report be received and placed on file. Carried, all the Council present voting aye. TWO COMMUNICATIONS PROM V. R. DENNIS CONSTRUCTION COMPANY were pre- sented; one relative to the street improvements under their contract for improving Hoover Avenue between 13th and l8th Streets, and one relative to the improving of 28th Street and "B" Avenue. They state they are unable to start curb construction due to the strike of tran- sit mixer operations and the delay will probably result in their inability to complete their contract within the specified time. As soon as they can determine the length of the actual delay when the strike is settled they will make a formal request for an extension of time. CITY MANAGER BIRD recommended the communications be received and placed in file, subject to the settlement of the strike and an official request for an extension. Moved by Hart, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had a copy of a report from the Con- troller of the State of California regarding apportionment of trailer coach fees to be made by the County of San Diego, and recommended it be received and placed on file with the City Clerk. Moved by Reid, seconded by Morgan, the report be received and placed on file. Car- ried, all the Council present voting aye. COMMUNICATION signed by Edward W. McCain, 0cie Davis and Mrs. A. E. Martinez, was read requesting their name be removed from the petition 9/13/60 86 favoring annexatidh to National City of property designated "Sweet- water Heights". COUNCILMAN AE,LEN stated he has been informed that two of the three people have since changed their mind. Moved by Allen, seconded by Hart, the communication be filed. Carried, all the Coun- eil present voting aye. CITY MANAGER BIRD stated at the last meeting a telegram was read which was received by Mr. Womack, State Highway Engineer, and by action of the Council the telegram was to be referred back to the Council when the letter, which the telegram referred to, was received. The letter has been received. COMMUNICATION FROM J. C. WOMACK, State Highway Engineer, was read relative to State Highway Route 241 in San Diego County. The State Highway Engineer has recommended to the Commission the route be located as shown on the map attached to the letter. In order the Commission may be informed as to local interest, it is requested the Council advise them whether in their opinion a public hearing in this matter is necessary. If the Council considers a pub- lic hearing is necessary, the Commission will hold, or cause to be held such a hearing. If the Council considers a public hearing is unnec- essary, so advise by regular resolution of the Council. COMMUNICATION FROM MR. WOML.CK addressed to the City Manager was read relative to Route 241. The route under consideration is the westerly alternate in National City as was presented at the public hearings. The National City Chamber of Commerce at the public meeting in National City recom- mended that Alternate "A", the westerly alternate in National City, be adopted. Concurrence of this recommendation was subsequently made by the National City Council at its meeting on July 5, 1960. Moved by Morgan, seconded by Allen, we delete the public hearing, and notify them we are in favor of this Route VA". Carried, all the Council present voting aye. NOTICE FROM SAN DIEGO COUNTY WATER AUTHORITY of meeting of Water Prob- lems Committee on September 15, 1960, was read. CITY MANAGER BIRD stated attached to the notice is a copy of the minutes of the regular meeting of August llth, and recommended they be received and filed. Moved by Hart, seconded by Reid, the City Manager's recommendation be approved. Carried, all the Council present voting aye. RESIGNATION OF A. E. TARR as a member of the Traffic Safety Committee was read. Moved by Alien, seconded by Hart, the resignation be accepted with regrets. Carried, all the Council present voting aye. CITY MANAGER BIRD stated he is in receipt of two letters, one is from The Bond Buyer, and the other from Walter, Woody & Heimerdinger, where- in they state they are interested in buying the $6,000,000 National 9/13/60 87 City, California Water System Facilities Revenue Bonds. It was the recommendation of the City Manager both communications be placed on file by the City Clerk, and if, and when the time is ready they be notified of possible action. Moved by Reid, seconded by Allen, the recommendation of the City Manager be approved. COUNCILMAN ALLEN suggested the press make a statement to the fact we have had people interested in the purchase of revenue bonds in case the vote to pur- chase the water company is approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending the request of the Holy Names Society for replacing the yellow pedestrian lines on the corner of 18th Street and Harding Avenue be granted. Moved by Allen, seconded by Hart, the recommendation of the Traffic Safety Committee be approved. Carried, all the Council present vot- ing aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, recommending the request of John H. Thurman, 1334 Scott Drive, that "No Through Street" signs at Scott Drive and Fig Street and appropriate speed limit signs be placed, be approved. Moved by Morgan, seconded by Hart, the rec- ommendation of the Traffic Safety Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, relative to the letter from John Baldessari requesting a 4-way stop at 2nd Street and Highland Avenue, recommending no action be taken at this time upon the advice of the Police Department and the Engineering Department. Moved by Allen, seconded by Reid, the recommendation of the Traffic Safety Committee that no action be taken at this time be approved. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE was read, stating the request from Cecil Allen for additional crosswalk at 13th Street and "D" Avenue from vacant lot into park; the request of Al Caradino for crosswalks in the area of 43rd Street and Delta and South toward National City, and the request for "No Parking" signs at "V" Avenue, were all tabled so a oheck could be made of the situations. There was a discussion of the feasibility of stop signs at Euclid and 4th and it was decided to have a traffic count before any action was recommended. It was decided to bold the meetings of the Traffic Safety Committee at 1:30 p.m. rather than the present time of 9:30 a.m. It was decided to table the desirability of opening "M" Avenue from 4th to 16th Street so an investigation could be made. The request of Mr. Hirsch for the widening of 30th Street from Highland Avenue to Sweetwater Road was 9/13/60 SS turned down since this is a County problem. There will be a meeting of the Traffic Safety Committee at 1:30 p.m. tomorrow. COMMUNICATION PROM SAPEWAY STORES, INCORPORATED was read, requesting permission to have the Western Salvage Company Hog Ranch dispose of their produce trimmings and other garbage when they start operation of their Produce Warehouse. CITY MANAGER BIRD recommended the request be granted subject to the fact the Western Salvage Company be required to take out a business license so we have some control over the situa- tion. Moved by Morgan, seconded by Reid, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. COMMUNICATION FROM LEAGUE OP CALIFORNIA CITIES relative to League con- ference hotel reservations, was presented. CITY MANAGER BIRD recom- mended it be filed and made available to all Council members. CITY MANAGER BIRD asked if the Chairman of the Harbor Committee would like to call a meeting of the Committee so the matter of the lease requested by L. M. Pepper can be forwarded in its proper channels and consummated. COUNCILMAN ALLEN, Chairman of the Harbor Committee, said he would like to have a meeting of the Committee but thought they should be able to read the lease prior to the adoption. There were some things the L. M. Pepper Company said they might possible include that he was more or less going to insist on being included. MANAGER BIRD asked the City Attorney if there is a copy of the lease available for the Committee to approve. ATTORNEY CURB`►N stated anything the City insists go into that lease should be incorporated in the minutes so he is apprized of that, and should be a matter of record. COUNCIL- MAN ALLEN stated there were two or three things brought up by Pepper things they might include in, and it could be an agreement that could be reached without having to be a portion of the lease. ATTORNEY CURRAN stated it is a rule of law that when you enter into an agree- ment the contract in writing made at the time supersedes any oral, agreement. COUNCILMAN ALLEN stated the thing that was presented to him as Chairman of the Harbor Committee was the Attorneys for the two groups would get together and present the Harbor Committee with a copy of a lease for them to decide whether they would agree to it or not. ATTORNEY CURRAN stated his recollection is the Attorney for Mr. Pepper was asked to present a lease to the City Attorney which he has done, and at the time he did so the request was made which is now the matter which has been referred back to the Harbor Committee. COUNCIL- MAN ALLEN said before he had his committee make any recommendation to the Council in regards to the lease he would want to be sure they had read the lease; and as soon as the lease is available he will call the committee together and he will matte himself available at any time. 9/13/60 89 REPORT OF THE FINANCE COMMITTEE was read, stating after discussion of Koebig & Koebig Engineering's study for the proposed Municipal Water Department, it was the recommendation of the Committee that Koebig & Koebig Engineering be employed. Moved by Hart, seconded by Reid, the recommendation of the Finance Committee be approved. Carried, all the Council present voting aye. Moved by Hart, seconded by Reid, the Attorney be authorized to prepare the necessary documents. Carried, all the Council present voting aye. REPORT OF THE FINANCE COMMITTEE was read, stating the Committee auth- orized City Manager Bird to write a letter to Boyle Engineering Com- pany stating they were not considered inasmuch as time is the essence and their proposal was by telephone as late as 11:00 o'clock this morning. The Committee also authorized a letter be prepared by the City Attorney to the firms of Stone & Youngberg, and Leeds, Hill & Jewett, setting forth that the proposed study for the Municipal Water Department is not a discontinuance nor a deviation from their con- tracts, but an entirely new project. Mr. Shelton, representing Koebig & Koebig, reiterated his understanding that the firms of Stone & Young- berg, and Leeds, Hill & Jewett, through good business ethics, would make their professional services available to assist in the Koebig & Koebig study. It was the recommendation of the Committee the City Attorney be authorized to prepare letters of statement covering the above stated subjects to Leeds, Hill & Jewett, and Stone & Youngberg. Moved by Allen, seconded by Reid, the recommendation of the Finance Committee be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she filed the Affidavit of Posting regard- ing notice to provide arguments on the ballot of November 8th in regard to the water; and also Affidavit of Posting regarding Resolution 7792 calling the election on the water problem November 8th. Moved by Allen, seconded by Hart, the Affidavits be filed. Carried, all the Council present voting aye. CITY CLERK ALSTON announced the meeting of the Division of the League of California Cities Friday, September 16th to be held at Singing Hills Country Club. REPORT FROM THE PLANNING COMMISSION was read, regarding Application for Zone Variance No. Z-4, signed by the South Bay Plaza Syndicate relative to the property located north of Plaza Boulevard, east of the South Bay Plaza Bowling Alley. Petitioners are requesting permission to instal, and operate a "Kiddie Playla nd." It was the recommendation of the Commission the variance be granted with certain stipulations enumel'ated in the report. Moved by Morgan, seconded by Hart, the recommendation of the Planning Commission be approved. COMMUNICidION 9/13/60 90 FROM ASSEMBLY OF GOD CHURCH, 1200 E. 8th Street, was read, stating they appeal the recommendation for acceptance of the request of South Bay Plaza Syndicate for a Kiddie Playland. The letter was date& Sep- tember 7th. CITY MANAGER BIRD stated he received it in the mail this morning as he was not at his office. REV. J. R. DAILY, Assembly of God Church, was present and stated the letter was presented by him in person to the City Clerk's office on Sept. 8th. CITY MANAGER BIRD stated he did not doubt but that the letter was received as stated but it was received by him this morning. Rev. Daily said they wish to cooperate with the City and have prepared dedications for both "M" and "N" Avenue and are prepared at this time to present the dedica- tions so if in the future they could develop their property and feel the usage as requested by South Bay Plaza Syndicate might not be an advantage to the area. COMMUNICATION FROM MEMBERS OF ASSEMBLY OF GOD CHURCH was read, asked that the Council consider favorably the open- ing of "M" Avenue from 8th Street to Plaza Blvd. Rev. Daily said they would like this request for the variance sent back to the Plan- ning Commission until they have had time to consider this a little more. CITY PLANNER STOCKMAN stated at the Planning Commission meeting there was no one present protesting the granting of this variance. Mrs. Stockman stated she talked to Rev. Daily previous to the meeting and he at that time indicated his desire to open "M" Avenue, and the Planning Commission recommended, and the applicant so agreed to move the property easterly so further consideration of the opening of "M" avenue could be considered in the future. COUNCILMMAN MORGAN said he would like to go out and check the property concerned. COUNCILMAN MORGAN with the approval of VICE MAYOR HART withdrew their motion. Moved by Morgan, seconded by Hart, this be laid over for a week. CITY CLERK ALSTON stated she wished to clarify her position; according to our ordinance a protest must be filed with the City Clerk within 15 days; Mrs. Alston said she received the report on August 26th. The letter came addressed to the City Council in care of the City Clerk's Office, and not knowing this was a protest it was referred to Mr. Bird's office in compliance with the City Manager's ordinance Which states he must open all Council mail. COUNCILMAN ALLEN stated Ordi- nance No. 962 states in the event any written protest is filed within 15 days the City Clerk shall set the matter for public hearing by the City Council. VICE MAYOR HART asked if the motion made is in order. ATTORNEY CURRAN stated the technical rule is that mailing is not fil- ing, so it is obvious there has been no compliance with the provisions of Ord. 962, therefore it is O.K. to proceed on the motion as made. GUY C. WILSON of South Bay Plaza, was present and stated the property in question is now zoned commercial. Mr. Wilson stated when this 9/13/60 91 matter was first brought up they complied with all the necessary notices within the 300 Loot area, and there was no particular objection on the part of the Church. Subsequently another matter entered into the picture, one which in his opinion is irrevelant to the question as to whether or not this is a proper zone variance to be granted; namely that if South Bay Plaza would agree to the dedication of "M" Avenue the Church would not file a protest against this variance, Mr. Wilson stated they are not going to agree to the voluntary dedication of "M" avenue; and is their opinion the opening of "M" Avenue will serve no useful purpose to the City in general, but will only be for the benefit of the parcel of Church property. REV. DAILY stated the protest was delivered personally, not mailed, and was delivered in time. ATTORNEY CURRAN asked it be clarified to whom, and on what date this protest was delivered. REV. DAILY stated it was delivered to Mrs. Balmer of the City Clerk's Office about 1:30 p.m., September 8th. ATTORNEY CURRAN asked the date of the hearing. CITY PLANNER STOCKMAN stated the hearing was held on August 22nd; but the City Clerk did not receive her report until August 26th, CITY ATTORNEY CURRA1 stated it is very clear then there has been a compliance with the Ordinance No. 962 and the section Councilman Allen read does apply, and it now becomes the duty of the City Clerk to set this matter for hearing by notice which would have to be published. COUNCILMAN MORGAN with the approval of VICE MAYOR HART withdrew their motion. MR. WILSON stated they will withdraw the request for a zone variance. REPORT PROM THE PLANNING COMMISSION was read, relative to Zone Vari- ance No, Z-3 referred back to the Planning Commission by the Council for further processing. Application has been signed and notorized by the owner, Charles Davis for International Metals, Inc. Attorney representing Mr. Street of the Street Auto Wrecking Company requested the variance be granted in such a. manner as to permit either Mr. Street or Mr. Nenow to buy out the other person -and continue to oper- ate the wre king yard under their own name. The Planning Commission recommended the variance be valid only so long as the property is being operated by Mr. Street and Mr. Nenow. The Commission recom- mended the motion made on July 25, 1960 on Application for Zone Vari- ance No. Z-3 be amended to read as follows: "That said variance shall be valid only so long as the property is being operated by either Mr. Street or Mr. Nenow and if for anyreason whatsoever, both Street and Nenow cease to be personally active in the operation of said premises, this variance shall ipso facto terminate. Moved by Hart, seconded by Ellen, the recommendation of the llanning Commission be approved. Motion lost, by the following vote to -wit: :ryes: Allen, Hart. Nays: Morgan, Reid, Hollingsworth. 9/13/60 92 REPORT FROM THE PLANNING COMMISSION was read, recommending the grant deed feceived from Henry W. Rhodes and Herbert A. and Hazel M. Anderson for Orange Avenue, 50 feet in width, between 16th and 14th Streets, be accepted subject to the owners entering into a contract with the City to do certain things, as enumerated in the report. The Commission recommended, if the Council so approved, the matter be referred to the City Attorney for the preparation of the contract and the City Planner will proceed with the securing of the other grant deeds. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission be approved, and referred to the City Attorney. Carried, all the Council present voting aye. VICE MAYOR HART stated Councilman Morgan did not understand the request of International Metals. COUNCILMAN MORGAN asked if it meant one owner was selling to the other owner. VICE MAYOR HART stated that was correct, they are not changing hands. Moved by Hart, seconded by Allen, the previous motion be rescinded. COUNCILMAN AURN asked if it is not correct that if this variance is not granted, there is no variance and they will have to move. ATTORNEY CURRAN stated that is correct. They have no zone variance now. MAYOR HOLLINGSWORTH asked if the action of the Planning Commission last night straightened it out. ATTORNEY CURRAN said he can only answer that after he has had an opportunity to examine the procedure. Motion carried, all the Council present voting aye. Moved by Morgan, seconded by Hart, this be laid over a week until we have a report from the City Attorney. Carried, all the Council present voting aye. COUNCILMAN ALLEN asked whether or not the Council was going to hold a public hearing on the matter of the request of South Bay Plaza for a zone variance. MAYOR HOLLINGSWORTH stated she thinks there will be no action unless Mr. Wilson requests it not be withdrawn. ATTORNEY CURRAN stated the matter is in the hands of the City Clerk to be set for a public hearing, pursuant to the Government Code, unless the applicant in writing advises the Council the application is withdrawn. MR. WILSON stated he will give the Council a letter withdrawing the application. REPORT FROM THE PLANNING COMMISSION was read, recommending acceptance of an easement and grant deed from David F. and Grace E. Thornburg for a portion of the westerly half of "Q" Avenue, north of La Posada Street. Moved by Allen, seconded by Morgan, the recommendation of the Planning Commission be approved, and referred to the City Attorney for preparation of a resolution of acceptance. Carried, all the Council present voting aye, 9/13/60 93 REPORT FROM THE PLANNING COMMISSION was read, stating H. Morrison was present at the meeting of the Commission requesting an interpretation of the Zoning Ordinance relative to the setback required in the M-3, Limited Industrial Zone. The Ordinance requires a 20 foot front yard setback in this zone. Mr. Morrison's property is located east of Hoover Avenue in the 2300 Block, and there are two existing industrial structures which were built prior to the adoption of Ord. 962 with a zero front yard setback, leaving the Morrison property the only vacant parcel in the block and located between the two nonconforming set- backs. It was the opinion of the Commission a grave hardship is placed on Mr. Morrison in requiring his office maintain a 20-foot set- back. Mr. Morrison's office at the present time is located in the path of the new crosstown freeway and it is essential a new location be established immediately. It was the recommendation this matter be referred to the Council for decision, and that consideration be given if possible to the granting of permission to waive the 20-foot setback. Moved by Allen, seconded by Hart, Mr. Morrison be notified it requires a variance in order for him to build his building even with the build- ings on either side of him, and he should proceed in that manner, and Mrs. Stockman attempt to present us, with the approval of the City Attorney, an amendment to the ordinance that would take care of situ- ations like this in the future. Carried, all the Council present voting aye. RESOLUTION NO. 7813 was read, approving the proposal of Koebig & Koebig Inc., for making an engineering study for a proposed water department for the City of National City, and the Mayor is authorized and directed to execute the same for and on behalf of the City. Moved by Hart, seconded by Allen, the Resolution be adopted. Carried, all the Coun- cil present voting aye. MAYOR HOLLINGSWORTH asked if it would be possible to reach all the Councilmen on Thursday afternoon as at the present time the draft for the ballot is not quite complete, and each member of the Council must sign it; and Mayor Hollingsworth said she would like to be able to call each member on Thursday when it is ready. 1111 Council members stated they would be available. Moved by Allen, seconded by Reid, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 4:00 p.m. ATTEST: I CLERK 9/13/60