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HomeMy WebLinkAbout1960 10-04 CC MIN110 National City, California, October 4, 1960 Regular meeting of the City Council was called to order by Vice Mayor Hart at 1:30 p.m. o'clock. Council members present: Allen, Morgan, Reid, Hart. Council members absent: Hollingsworth. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Gautereaux, Golden, Kerr, Roberts, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Park Supt. Gautereaux. Moved by Reid, seconded by Morgan, the minutes of the regular meeting of September 27, 1960, be approved. Carried, all the Council present voting aye. RESOLUTION NO. 7817 was read, approving that certain contract between City of National City and Robert A. Bradt, dated September 6, 1960, and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. Moved by Morgan, seconded by Reid, the Resolution be adopted. Carried, by the following vote to - wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7818 was read, "RESOLUTION GRANTING ZONE VARIANCE PUR- SUANT TO ORDINANCE NO. 962." Said variance is granted for permission to conduct an auto wrecking yard. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. RESOLUTION NO. 7819 was read, accepting a grant deed and easement from Curtis and Joyce E. Durham. Moved by Alien, seconded by Reid, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Morgan, Reid, Hart. Nays: None. Absent: Hollingsworth. MAYOR HOLLINGSWORTH present. RESOLUTION NO. 7820 was read, accepting the bid of City Motors for the purchase of two four -door Fairlane Model Ford Sedans for the sum of $4,172.00, and the City Manager is authorized and directed to issue a purchase order for the purchase of said automobiles. Moved by Allen, seconded by Reid, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7821 was read, "RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO INITIATE ON ITS OWN MOTION PROCEEDINGS TO ANNEX CERTALN UNINHABITED TERRITORY." Moved by Allen, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. 10/4/60 111 REPORT OF THE CITY ATTORNEY stated he would like to ascertain whether the Council did not mean that Ordinance No. 290, rather than Ordinance No. 190 be amended to provide for the regulation of cats. Moved by Allen, seconded by Hart, that Ordinance No. 290 instead of Ordinance No. 190 be amended. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth. Nays: Morgan, Reid. REPORT OF THE CITY ATTORNEY was read, stating the notice of filing of bankruptcy of Paul Blanko Milian indicates that he owes a bill for trash and garbage collection to the City of National City, and it was the Attorney's recommendation the Tax Collector be authorized to exe- cute a claim in bankruptcy for the sum owing by Mr. Millen. Moved by Allen, seconded by Reid, the recommendation of the City Attorney in regard to filing a claim of bankruptcy be approved. Carried, all the Council present voting aye. COUNCILMAN MORGAN stated with reference to the water revenue bond to be voted on in November, he understands that some people say the Council will have a blank check, and they will not spend it for water. Mr. Morgan stated it is his opinion if we vote on the water bond issue we have to buy water, and asked the City Attorney if that is correct. MAYOR HOLLINGSWORTH stated National City has placed on the ballot a $6,000,000. revenue bond in the November 8th election in order to set up a municipal water system. There is no question about the 36,000,000. but the opposition has been saying the people of National City, if they approve the $6,000,000. revenue bond, will be handing a blank check to the City of National City. DEPUTY CITY ATTORNEY GOLDEN stated a revenue bond issue of this type requires the revenue from the sale of the water and the City will eventually own the Water Dept. You have a water system here that is owned by the California Water & Telephone Company, and the City Council has requested a bond issue be placed on the ballot for the purpose of condemning the water system. Attorney Golden stated it is his understanding National City is obtaining its water through their allotment from the Metropolitan Water District and that the California. Water & Telephone Company cur- rently are acting as the City's agent in buying this water from the Metropolitan Water District and they in turn distribute the water to the users within this area. What this money can be used for, and the only purpose it can be used for in a bond issue of this type is for the purpose of condemning, maintaining and running this water di striot. They will still get their water from the Metropolitan Water District, and, or, other sources. The money cannot be used for some outside purpose; the bond issue itself is retired as the revenue comes in from the operation of the water company. It won't cost the people anything 10/4/60 112 other than what they are paying for the water. COUNCILMAN ALLEN stated he did not think there could be too much emphasis on the fact that this bond is a revenue bond, it will not add anything to the people's taxes, as it w.11 be paid for when they pay their water bill. COUN- OILMAN ALIEN stated it has been established by study of the Civil Ser- vice Ordinance of the City of National City that this is not to be con- strued as a political issue and City employees can take an active par- ticipation in this water bond issue. DEPUTY CITY ATTORNEY GOLDEN stated in his opinion it is a political issue. COUNCILMAN ALLEN stated according to our ordinance it is not. ATTORNEY GOLDEN stated if he was asked if a bond issue is political in nature, he would have to answer "yes" as it is defined as an issue and is determined by the vote of the public. Civil Service people are restrained from involving themselves in political controversies for obvious reasons. If the City of National City saw fit to include this type of thing he would say it has the right to do it, if they have done it by ordinance. ROBERT WILKIE, 1914 "P" Avenue, was present and asked if it would be permissible for a City employee to display stickers on their oars. ATTORNEY GOTDBN said it would be permissible. DOROTHY COVEY, 1911 "B" Avenue, was present, and stated if the City condemns the Water Company and they take it over, and asked what is to keep the City Council in the future from taking over any kind of busi- ness and running it. MAYOR HOLLINGSWORTH stated all of the water that is now present in the California Water and Telephone Company belongs to the citizens; they have no water of their own exceptitg a well. All of it is our Colorado River allotment through the Metropolitan Water District and the San Diego County Water Authority, and the Cali- fornia Water & Telephone Company is a storage place and a distributing company. Out of the 19 units that belong to the San Diego County Water Authority only National City and the South Bay Irrigation Dis- trict have contracted to let a private company handle their water,. the other 17 are all handled by mutual districts, or cities. Weare not interested in the San Diego Gas & Electric Company, we are not inter- ested in the Pacific Telephone Company. Eighty percent of all the cities in the State of California own their own water distriot, so you see the Council or any future Council would have no interest in acquir- ing any other utility. MAYOR HOLLINGSWORTH stated every year we go to the County Assessor's office in San Diego and get what our esti- mated assessments will be and them, we have a month of waiting for the State Board of Equalization to inform us of the assessments on the public utilities by which we arrive at our tax rate. Much to our sur- prise the California Water & Telephone Company is not listed as a 10/4/60 113 utility. The State Board of Equalization assesses the San Diego Gas & Electric Company, Pacific Telephone & Telegraph Company, San Diego & Arizona Eastern Railway Company, Santa Pe Railway Company, and Wes- tern Union, and they are assessed at 50% of their assessed valuation. The California Water & Telephone Company is not assessed by the State Board of Equalization; they are assessed by our County Assessor, and instead of 50% they get assessed for about 29% or 30% of their assessed valuation. COUNCILMAN ALLEN stated in answering Mrs. Covey's question, there is a law in the State of California that goes under the termin- ology of eminent domain whereby only those things that pertain parti- cularly to the public, and are of public interest can be condemned for public use and purchase by a municipality, which will eliminate prac- tically anything except a piece of property for a street, road or highway, or such thing as a water company. DEPUTY CITY ATTORNEY GOLDEN said he wished to inform the people that this bond issue which you have in National City is separate and apart from the State bond issue. The Colorado River Water is allocated to the Metropolitan Water District, which is an agency of the State of California set up by the State. They have certain member agencies, among. which is National City, and there is a certain allotment to National City, and which he assumes like most of the areas is over- drawing at the present time. Shortly when the law goes into effect . which will restrict the amount of water that California can take and the amount of water the Metropolitan Water District will get the Los Angeles area people will demand their full quota because their full quota will be less than what it is now. It is very important this water bond issue that is up before the people on the State ballot be passed, and it has to be passed by a very substantial majority in areas like San Diego, Orange, Imperial and Los Angeles Counties, because the people up north are gaining nothing in comparison in what we are gaining by it. We must carry this bond issue by at least a 90% vote in this County. There will be water rationing very shortly if this bond issue is not passed; it cannot be delayed two years. MAYOR HOLLINGSWORTH stated the northern part of the State is getting real concerned regarding the passage of this water bond issue, which is No. 1 on the ballot, because they realize that while it is not water they need, they need flood protection and dams. MAYOR HOLLINGSWORTH stated last Friday Governor Brown was in Jim Bear's office where there was a reception held for him in National City. He delivered a short speech and afterwards Tom Peterson of the Star -News asked Gov. Brown if he cEE.red to make a statement about the California Water issue; the Governor said he would be very glad to, 10/4/60 114 and he made a statement that he thought the bond issue was going to pass in spite of the opposition of the Metropolitan Water District. Also Mr. Nelson of the Independent asked the Governor whether an agree- ment would come forth between Mexico and San Diego County Water Author- ity and the State of California for providing water to Tijuana and the Governor assured Mr. Nelson that it would be so. Subsequently the Star -News reported that Gov. Brown said that the water bond issue of the State and National City should not be confused. Mayor Hollings- worth said that Gov. Brown did not make that statement at that meet- ing. Mrs. Hollingsworth said she did not blame Tom Peterson of the Star -News because she thinks he reported what was actually said, but she calls this the most irresponsible report she has ever heard; and she does not know whether she cares to believe anything further she reads in the Star -News if the information is so distorted, and it is no wonder so many of our citizens feel they are not being represented by a local newspaper. You have all heard many things in the Star -News and the Independent about the side of the Water Company and she does not blame them for coming out with this because our side of the pic- ture has not been represented, but it will shortly. It is easy to see why the Star -News is being plaintiff because the Water Company has unlimited thousands of dollars to spend to defeat this bond issue; the citizens of National City in order to put over this bond issue do not have any money and we cannot spend any money of the City of National City, and will have to depend on donations. Mrs. Hollingsworth stated she wanted it clear that Gov. Brown did not make that statement. BILLS AUDITED BY THE FINANCE COMMIT General Fund Traffic Safety Fund Park Fund Trust & Agency Fund DrainA.ge Fund Park Construction Fund Payroll Fund Itb,t, presented: $ 16,578.36 2,581.24 146.32 25.00 30,174.21 1,077.96 53.474.60 TOTAL $104,057.69 Moved by Hart, seconded by Morgan, the bills be approved for payment, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUNICATION FROM COUNTY BOARD OF SUPERVISORS was read, stating a Notice of Intention to Circulate Petition to Incorporate a City to be known as Bonita, has been filed with the Clerk of the Board of Super- visors. A legal description of the proposed area to be incorporated was enclosed. Moved by Hart, seconded by Reid, this be referred to the Planning Commission. Carried, all the Council present voting aye. 10/4/60 115 COMMUNICATION FROM COUNTY BOUNDARY COMMISSION was read, stating the City of Chula Vista intends to annex the territory delineated on the map attached to the communication. APPLICATION OF JOSEPH F. BOCKNICK to move a building from 1145 "D" Avenue to 3004 E. 18th Street, was presented. REPORT FROM CHIEF BUII,D- INS INSPECTOR BIGGS was read, recommending the request be granted sub- ject to certain requirements. CITY MANAGER BIRD stated there is also another application by Mr. Bocknick to move another building vihich is the next building to the one above and is to be moved in the same area; these are the buildings which are now located on the property which was bought by the St. Mary's Church at the corner of 12th and "D" Avenue. REPORT OF CHIEF BUILDING INSPECTOR BIGGS recommended the request be granted subject to certain requirements. REPORT FROM CITY PLANNER STOCKMitN recommended the requests to move these two buildings be approved, subject to certain restrictions as set forth in the report. Moved by Hart, seconded by Morgan, the requests to move the buildings be approved, subject to the requirements as stated by the City Planner and Building Inspector. Carried, all the Council present voting aye. COMMUNICATION FROM THOMAS GREEN was read, stating with reference to his application of June 9, 1960 requesting permission to move a build- ing from 2439 National Avenue to 1301 E. l0th Street, he is requesting an additional 90 days to comply with the Council approved plan. Because of certain circumstances on the zoning problem of the original location, it is also requested permission be granted to relocate the building in a position approximately 500 feet south of the originally approved position in an area in which the South Bay Plaza Syndicate is now requesting a zone variance to provide for a Kiddie land park of which this building would be a part. REPORT FROM CHIEF BUILDING INSPECTOR BIGGS was read, recommending the request be granted and the relocation be allowed with a maximum time extension of sixty days. It is further recommended the restrictions as set forth in the original approval be complied with. Moved by Morgan, seconded by Hart, they be granted a 90 day extension. Carried, all the Council present voting aye. APPLICATION FOR OFF SALE GENERAL BEVERAGE LICENSE was presented. It is a double transfer and the name of the applicant is The Triple Com- pany; the business is to be conducted under the name of Pard's, 3102 E. 16th Street. REPORT FROM POLICE CHIEF CAGLE was read, stating at the present time there is no building at this location. The Planning Commission reported the address i a within a C-2 zone and must be 10/4/60 116 operated in conjunction with a food or grocery store. Applicant is aware of the restriction and is planning to open a delicatessen in conjunction with the Off Sale General License. Investigation dis- closed no grounds for protest of this application. Moved by Reid, seconded by Hart,the recommendation of the Police Chief be approved. Carried, by the following vote to -wit: Ayes: Hart, Reid, Hollings- worth. Nays: Allen, Morgan. COUNCILMAN ALLEN stated the motion was to approve the Police Chief's recommendation, and he made none. Moved by Hart, seconded by Reid, the previous motion be rescinded. Carried, all the Council present voting aye. Moved by Reid, seconded by Hart, the letter be filed. Carried, by the following vote to -wit: Ayes: Hart, Reid, Hollingsworth, Nays: Allen, Morgan. APPLICATION FOR TRANSFER OF OFF SALE BEER & WINE BEVERAGE LICENSE by Elva I. & William J. Brown, Brown's Grocery, 137 W. 8th Street, was presented. REPORT FROM CHIEF OF POLICE CAGLE stated investigation reveals no grounds for protest of this application. Moved by Hart, seconded by Reid, the application be filed. Carried, all the oounoil present voting aye. COMMUNICATION FROM MACCO CORPORATION was read, requesting a one year extension in their agreement with the City for the improvements in Unit No. 2 of National inward Homes. Moved by Hart, seconded by Mogan the request be granted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. COMMUJNIC.TION FROM J. B. ASKEW, M.D., DIRECTOR OF PUBLIC HEALTH was read, stating the Annual Report of the Department of Public Health was attached. This report covers the fiscal year 1959-60 and describes the public health services which this department provided during that time. CITY MANAGER BIRD recommended the report be received by the City Clerk and placed on file. Moved by Morgan, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. APPLICATION OF U. S. ARMY ENGINEER DISTRICT regarding a proposed fill in the City of San Diego Harbor; they propose to fill and utilize approximately 2,000,000 cubic yards of dredge spoil, adjacent to the Bulkhead Line on Harbor Drive lying between Shelter Island and the Coast Guard Station. It was the recommendation of the City Manager the application be received and filed. Moved by Hart, seconded by Reid, the application be received and filed. Carried, all the Council present voting aye. COMMUNICATION FROM EMMA JEAN BA.BER was read, stating she is submit- ting her resignation from the temporary appointment as Secretary in 10/4/60 117 the City Mansger's office; said resignation to become effective at the end of work October 14, 1960. CITY. MANAGER BIRD stated he would like Council approval,•as under Civi Service Rules and Regulations when an eligibility list is submitted to a department head, then the tem- porary appointment ceases. In this particular case, as he had to go through all available on the list and finally accepted one from a com- parable list by action of the Civil Service Commission this will put Jean Barber four days over the temporary appointment as of the edict set forth. The four days are necessary to break in the new secretary. It was the City Manager's recommendation the resignation be aocepted with regrets, and that Mrs. Barber be authorized to work the four days extra on a temporary appointment. Moved by Allen, seconded by Hart, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANitGER BIRD stated with reference to the request of Fred Johnson for an oversize driveway located at 710-12-14-16 E. 4th Street, he requested permission at the last Council meeting to hold this matter aver, as he believed with the aid of the City Planner and the Engineer- ing Dept. this matter could be resolved. Subsequently Mr. Johnson met with the parties named and we have succeeded in aiding him whereby he will not need the oversized driveway; therefore, it was the Manager's recommendation the oversize driveway application be denied. Moved by Reid, seconded by Hart, the City Manager's recommendation to deny the oversize driveway application be approved. Carried, all the Council present voting aye. REPORT FROM ACTING CITY ENGINEER ROBERTS relative to the complaint of Mr. and Mrs. Deady, 827 Mary Court, was read. This property was inspected by Mr. Roberts and Mr. Newberry and the portion of the side- walk complained about is cracked over an area roughly 15 feet long by 5 feet in width. Apart from its cracked condition this section of the sidewalk did not appear inferior either in surface finish or in quality of concrete to the balance of the sidewalk in this subdivision. The area between house No. 827 and the sidewalk in question has been com- pletely filled in with concrete partying, and the cracking was most prob- ably occasioned by the truck delivering the concrete for the private paving job, backing over the sidewalk. In regard to the deposits of silt and debris, there is nothing unusual in the slope and terrain of the adjacent lot. Moved by Allen, seconded by Hart, the City Clerk or City Manager be instructed to answer the letter of Mr. and Mrs. Deady and send a copy of the Engineer's findings. Carried, all the Council present voting aye. 10/4/60 118 COMMUNICATION FROM IVt. G. NORMAN, 1515 E. 15th Street, was read, stat- ing the petitioners of the Graham Bonamo Subdivision No. 2 and adja- cent area would like to express their appreciation of the consideration given their request. CITY MANAGER BIRD recommended the letter be filed. Moved by Allen, seconded by Hart, the letter be filed. Car- ried, all the Council present voting aye. COMMUNICATION FROM L. M. GROUNDS was read, requesting the Council accept his resignation as a member of the Civil Service Commission, effective immediately. Moved by Allen, seconded by Reid, the resig- nation be accepted with regrets and that a letter of commendation for the work done by Mr. Grounds be sent him by the City. Carried, all the Council present voting aye. COMMUNICATION FROM L. M. GROUNDS, CHAIRMAN, CIVIL SERVICE COMMISSION was read, stating the term of Commissioner Clifford Foy expired on October 1, 1960, and requested he be re -appointed for the term from October 1, 1960 to October 1, 1964. Moved by Allen, the recommendation of the Civil Service Commission Chairman be approved. Motion died for lack of a second. MAYOR HOLLINGSWORTH stated Mr. Foy has been a very valuable member of the Civil Service Commission but there has been some question about him being a member of the City School System and working under Civil Service as to his eligibility and asked that either the City Manager or Attorney Golden express their opinion regarding the Civil Service regulation. CITY MANAGER BIRD asked if we could proceed with the next order of business while the Attorney checks the Civil Service Ordinance. Mayor Hollingsworth authorized the City Manager to proceed. COMMUNICATION FROM FEATHER RIVER PROJECT ASSOCIATION was read, calling to the Council's attention the California Water Resources Development Bond Act, Proposition One on the ballot, November 8th, and a resolution in this regard was attached. Moved by Allen, seconded by Morgan, we forward a confirmation of their resolution to them, that this Council is on record with them as being in favor of Proposition One on the ballot of the Feather River kroject. Carried, all the Council present voting aye. COMMUNICATION FROM MARSHALL MORRISON, EXECUTIVE VICE PRESIDENT, H & M MANAGEMENT CO., addressed to the City Manager, was read, confirming our recent discussion concerning the development of City owned lands which are located to the northeast of Paradise Creek and east of Highway 101, which lands are at present unusable because of flooding; they propose, immediately following the granting to them of an option to lease the City of National City's tidelands, to submit for 10/4/60 119 consideration a plan and program whereby we may jointly fill and develop these lands in their entirety. Their company is in a position to secure all of the funds necessary for this development without cost to the City. Immediately following this proposal they will make a feasibility and use study of the 300 acres of tidelands and City owned lands located to the south and adjacent to Chula Vista. They stated they will develop these lands as soon as reasonably possible, after a use has been established, and requested.the City to reserve these lands for them until they have submitted their proposal, and the City has been able to consider the same. Moved by Allen, seconded by Hart, this proposal be referred to the Harbor Committee, and each member of the Committee and each member of the Council, if possible, have a copy of it so we can call a meeting after it has been studied; and asked that Mr. Morgan and Mr. Reid notify Mr. Allen when they have studied it so a meeting can be called; and would also like to have Mr. Hart and Mayor Hollingsworth attend the meeting and see if this proposal is something we can handle. Carried, all the Council present voting aye. ATTORNEY GOLDEN stated the Civil Service Ordinance provides that "No person shall be appointed or serve on said Commission who holds any salaried public office or employment," but it does not specify whether they mean City or any type of salaried public office.. They spell it out in the next section, "nor shall any member while a member of said Commission or for a period of one year after he has ceased, for any reason, to be a member, be eligible for appointment to any salaried office or employment in the service of the city." ATTORNEY GOT,DrN stated he reads the first portion of that to mean any public office, and that this gentleman who seeks to be reappointed is not eligible. MAYOR HOLLINGSWORTH recommended a motion be made to thank Mr. Poy for his services, and John O'Dell be appointed to fill the vacancy. Moved by Allen, seconded by Hart, Mr. Poy not be reappointed, as recommended by Chairman Grounds, and that the reason for his not being reappointed be spelled out to him as recommended by the Deputy City Attorney, and that we do thank him for the job he has done, and let him know it is not a ease of not wanting him, it is a case of having to comply with the law. Carried, all the Council present voting aye. Moved by Allen, seconded by Morgan, the recommendation of the Mayor that John O'Dell be appointed to the Civil Service Commission be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD stated we have another vacancy on the Civil Service Commission. COMMUNICATION FROM L. M. GROUNDS addressed to Mayor Hollingsworth was read, recommending the name of J. H. Irvine of 2612 Sill Drive, for a member of the Civil Service Commission. Mr. Irvine is employed by the Paradise Valley 10/4/60 120 Hospital as assistant treasurer. IL YG: ..:.e would like to see members of any committee or commission appointed from various sections of the City; and since the Paradise Valley Sanitarium and Hospital represents such a large section of our city she feels the: should have some representation, and would recommend the appointment of the gentleman recommended by Mr. Grounds. Moved by Hart, seconded by Morgan, the recommendation of Mayor Hollingsworth be approved and that Mr. Irvine be appointed as a member of the Civil Service Commis- sion. Carried, all the Council present voting aye. REPORT OF MEETING OF THE FINANCE COMMITTEE of September 27th was read, stating after a general discussion of the proposed development of Legislative Route 241 and its effect on the El Toyon Park Community Building, the committee authorized the City Manager to call a joint meeting of the Park and Recreation Advisory Board, City Engineer and J. Dekema, District Engineer for Division of Highways. The City Manager brought to the attention of the Committee the fact the Kimball Park Community Building is not up to standard, inasmuch as it does not meet the State Laws or Building Codes. A review of this building was made by Architect Robert Bradt, Supt. of Parks Gautereaux and City Manager Bird on September 26th. A full report of this review and its findings were given. Architect Bradt stated it would cost approxi- mately $65,000. to $75,000. to bring the building into conformance with present laws. The Committee passed a motion they obtain plans to remodel Kimball Park Community Building, and recommended to the City Council a contract with Mr. Bradt be entered into and the $75,000. figure be established in that contract. Moved by Allen, seconded by Reid, the recommendations of the Finance Committee be approved. Car- ried, all the Council present voting aye. REPORT FROM THE FINANCE COMMITTEE was read, stating the request referrec by Council to the Committee by the Norman Associates, for appraisal and sale of two city blocks was discussed. it was the recommendation of the Committee that in view of Harbor Committee negotiations and the tenative offer on a larger area, this request be held in abeyance. Moved by Allen, seconded by Reid, the recommendation of the Finance Committee be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Zone Variance No. Z-5, signed by A. B. and M. C. Collins, relative to the property located at 2604 E. 18th Street. Petitioners are requesting permission to operate a television repair service in a C-2, Limited Commercial Zone. The Commission recommended the granting of the variance, pro- vided City Ordinance No. 962 is complied with regarding the number and location of signs in a C-2, Limited Commercial Zone. Moved by Hart, 10/4/60 121 seconded by Morgan, the recommendation of the Planning Commission be approved, and referred to the Attorney for a resolution. Carried, by the following vote to -wit: Ayes: Allen, Hart, Morgan, Reid, Hollingsworth. Nays: None. REPORT FROM THE PLANNING COMMISSION relative to Zone Variance No. Z-7 signed by Lowell R. Terry, Southwest corner of 20th Street and Lanoitan ;;.venue, was read. Petitioner is requesting permission to change the front yard from 20th Street to Lanoitan Avenue with a 15 foot setback on Lanoitan Avenue and a 10 foot setback on 20th Street, located in an R-2, Two -Family Residential Zone. The Commission recommended the granting of this variance. Moved by Allen, seconded by Reid, the recommendation of the Planning Commission be approved in regard to the zone variance for Mr. Terry, and referred to the Attorney for a resolution. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, regarding Zone Variance No. Z-6, signed by T. L. Simmons and J. B. Moore, 1624 Orange Street. Petitioners are requesting permission to split a parcel of land into two building sites each having a 15 foot frontage, 35 feet less than the required 50-foot minimum width, abutting upon a dedicated street and establishing an easement for street purposes. The Commission recommended the granting of Zone Variance No. Z-6, provided no com- mercial business is being conducted and all other requirements of an R-2 Zone are complied with. Moved by Hart, seconded by Morgan, the recommendation of the Planning Commission be approved, and referred to the City Attorney. COUNCILMAN ALLEN stated in regard to this par- ticular property, there is an enormous piece of land in behind and in between Prospect and Orange Streets, they have only 30 feet to get in to it, which is an easement. These two people each want to give a 15 foot easement to get into their property. It would appear it would be the proper thing to have them either deed the easement to the City so we would have a permanent interest, and in his opinion it would probably require they put in a street with a cul-de-sac in order to develop the property. CITY PLANNER STOCKMAN stated there has been considerable discussion on this matter, discussion between the Engin- eers and the Planner as to the establishment of a road in there with a oul-de-sae, however the property owners do not seem willing at this time to undergo that type of a dedication. The thinking of the Com- mission at the time of the granting of the variance was they would have to comply with the complete development of this block under the R-2 zoning, permitting just houses on each parcel of ground; they could either put a duplex or two houses on each parcel under the Zone Variance; it would not give them the right to further split up the lot. 10/4/60 122 JOHN MOORE, 1609 Wilson Avenue, was present, and stated Mr. Simmons and himself own the property; and they have a 50 foot road running east and west, which would be 1?th Street. If the City wants to open::,. the road that far they will deed it to the City, if they do not they see no reason to deed it. VICE MAYOR HART asked Mr. Moore if they intend to build on the 50 feet they spoke about deeding to the City. MR. MOORE said it is a road now, and both Mr. Simmons and himself have an easement on it now; the road can never be closed. COUNCILMAN ALIEN stated there is no 50 foot street because Mr. Moore would be talking about 17th Street, and between 16th Street and 18th Street and between Prospect and Orange there is no street. MAYOR HOLLINGSWORTH asked if the easement, which is recorded, is to each other, or to the City. MR. MOORE stated it is to each other. COUNCILMAN REID asked bow our Fire Department and Police Department get through if the easement is to them, and not the City. CITY MANAGER BIRD stated the question of utilities becomes paramount in this issue. If this easement is recorded to each other and to the public for ingress and egress then the Police could get in there and the Sanitation service could get in there; the Fire service and other utilities could get in. CITY PLAN- NER STOCKMAN said the deed states that the easement herein granted is hereby declared to be pertinent to and for the use and benefit of the present and future owners of all or any portions of parcels one and two; it says nothing about being public. ATTORNEY GOLDEN stated there is a City ordinance that prohibits the people from hauling their own trash on City streets, there is no way for the City trash collector to get in there without an easement to the public, so every time these people have trash on their property they either have to violate the law or leave it there. VICE MAYOR HART with the consent of Councilman Morgan, withdrew their motion. Moved by Allen, seconded by Hart, this be referred back to the Planning Commission with instructions the City Council feels there should be a public easement or a deed from the property owners for that portion of the property that would lead from Orange Street into the property. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN made reference to the proposed Sweetwater Annex- ation Unit No. 2, and stated today she has the petition signed by the property owners representing 80% of the acreage involved, and 78% of the total land valuation of the property involved, and recommended the petition be accepted and referred to the City Attorney for further proceedings under the Uninhabited Territory Annexation Act of 1939. Moved by Allen, seconded by Hart, the recommendation of the City Plan ner be approved, and the papers for Sweetwater Annexation Unit No. 2 10/4/60 123 be turned over to the Attorney for drafting the necessary procedures to go forward. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated she has a 10 foot Easement and Covenant Running With Land signed by Junior R. and Thelma B. Lester relative to the property south of Division and west of Laurel Avenue, and recom- mended they be referred to the City Attorney for preparation of a resolution of acceptance. Moved by Morgan, seconded by Allen, the recommendation of the City Planner be approved. Carried, all the. Council present voting aye. MAYOR HOLLINGSWORTH stated there was an industry that wanted to locate on our industrial land between John Roark and Hewitt Bros. These two people built before Ordinance No. 962 was enacted and are on the property line. This gentleman was ready to build and discovered that Ordinance No. 962 which was overlooked entirely in the preparation of the Ordinance in the Planning Commission and the Council, and this gentleman will have to come in for a zone variance to be able to build in the same line with the existing industries. Mrs. Hollingsworth said she did not think this gentleman should have to pay for a zone variance, and rather than lose the industry she would like to see the City Council initiate a zone variance and amend Ordinance No. 962, at no cost to this gentleman, and if the Council so agrees she feels sure the Planning Commission would also agree because it was an oversight in Ordinance No. 962, and we issue him a building permit. COUNCIL- MAN ALLEN asked Attorney Golden if it would be in order an interim ordinance be prepared in favor of this one particular individual as an interim amendment to Ordinance No. 962 until the Planning Commis- sion can complete the full ordinance. ATTORNEY GOLDEN stated he is not in a position to tell the Council whether or not the ordinance can be drawn and handled that way. MAYOR HOLLINGSWORTH stated when Bahia Vista was set up from 18th to 30th Street as an Industrial Zone in the Ordinance it said that all industries going in would have a 20 foot setback. The industries on either side of the property concerned were put in before adoption of Ord. 962 and now we ask this man to set back 20 feet and he does not want to. :Mayor Hollingsworth asked if the Council would agree with her, in this particular instance, if we would grant him permission to build on the property line as the existing structures adjacent, could we proceed on the basis without charge to him and allow him to obtain a building permit and proceed in good faith. ATTORNEY GOLDEN stated he thought the simple way to do it would be for the Council to initiate the variance themselves, and leave the Ordinance as it is, as it would be more difficult to amend the Ordinance than it would be to initiate a variance. MAYOR 10/4/60 124 HOLLINGSWORTH asked if the gentleman is still interested. CITY MANAGER BIRD stated he must be, he has not seen him in several weeks, but he bought the property and buying it he looked at the buildings on the property line adjacent to him and naturally assumed it was an indus- trial zone, he looked up the zone but he did not look up this parti- cular situation of the Bahia Vista Industrial Tract, and he has started his forms, and believe he is still interested in putting in his fac- tory. ATTORNEY GOLDEN stated if the Planning Commission and Council have already granted him a permit to build, whether they were right or wrong, he can act in reliance on that permit, and if he has already expended sums of money in building some forms, Atty. Golden said he believed the gentleman might have a legal right to continue to do it. CITY PLANNER STOCKMAN stated no building has been started. The Plan- ning Commission has instructed her to initiate an amendment to Ordi- nance No. 962 which will take care of this in the future, but this gentleman, is of necessity having to move out of the cross town free- way that we are involved with at the present time; but she will be working on an amendment to Ord. 962 to take care of it in the future on any other parcel of ground. Moved by Alien, seconded by Hart, the City Council grant a variance of Ordinance 962 for Mr. Morrison in this particular location on Hoover to start construction of his building. CITY PLANNER STOCKMAN stated this matter was discussed by the Planning Commission, and at that time they were in accord and felt very sorry for the gentleman and understood his conditions perfectly; but at that time they could come up with no legal idea of how they could go against the Ordinance and grant any type of a temporary or interim variance, and it was then they referred it to the City Council, hoping the City Attorney could come up with something that would grant the Council permission to grant this man a variance while we were in the act of amending our Ordinance. The City Attorney said "no", the only thing he could do would be to go through with a variance. ATTOR- NEY GOLDEN stated he thought a variance could be granted and then have the amendment to Ord. 962 retroactive as of today. CITY PLANNER STOCKMAN stated it would require the Planning Commission hold a pub- lic hearing, publications, the property owners notified, etc. ATTOR- NEY GOLDEN stated you would eventually correct any deficiency anyway, and who is going to complain abota.t the Ordinance. The property owners down there would be in accord with it, they would want the general lines to be the same, he thought.. If the permit were granted to him and the Ordinance amended, it wotald kill any defect that might exist, and would take care of any future, problem of this type. Carried, by the following vote to -wit: Ayes: Alien, Hart, Reid, Hollingsworth. Nays: None. Councilman Morgan nabstained from voting. 10/4/60 125 VICE MAYOR HART excused. Moved by Morgan, seconded by Reid, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:45 p.m. MAYOR, CITY OF NA TONAL CALIFORNIA ATTEST: ti CITY CLERK 10/4/60