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HomeMy WebLinkAbout1960 02-23 CC MIN305 National City, California, February 23, 1960 Regular meeting of the City Council was called to order by Mayor Hollingsworth at 1:30 p.m. o'clock. Council members present: .Allen, Pessman, Hart, Reid, Hollingsworth. Council members absent: None. ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation by Rev. Clark. Moved by Fessman, seconded by Hart, the minutes of the regular meet- ing of February 16, 1960, be approved, Carried, all the Council present voting aye. RESOLUTION NO. 7685 was read, accepting a Covenant Running With Land from Jack Dembo, and a Covenant Running With Land from Wendell C. and Pauline R. Thomas. Moved by Fessman, seconded by Alien, the Resolu- tion be adopted. Carried, all the Council present voting aye. ORDINANCE NO., authorizing the assignment and execution of a lease for Parcel No. 10 of National City Tidelands, was presented for the second and final reading, and the title was read in full. Upon motion of Fessman, seconded by Hart, further reading of the Ordinance was waived. The motion was adopted by unanimous vote. ORDINANCE NO. 968, "AN ORDINANCE AUTHORIZING THE ASSIGNMENT AND EXE- CUTION OP A LEASE FOR PARCEL NO. 10 OF NATIONAL CITY TIDELANDS." Moved by Fessman, seconded by Hart, the Ordinance be adopted. Car- ried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Reid, Hollingsworth. Nays: None. ATTORNEY CURRAN stated at the last meeting there was a question raised with reference to ice cream trucks being licensed by the City, and at the time of the meeting it appeared the question had been answered; however in reading the minutes it does not appear quite so clear, therefore he requested clarification whether or not anything is expected of him in this matter. Moved by Allen, seconded by Reid, this matter be dismissed at the present time. Carried, all the Coun- cil present voting aye. CITY ATTORNEY CURRAN stated with reference to Sweetwater Annexation No. 2, no resolution has been prepared; there are certain matters that should be accomplished prior to the adoption of a resolution. The City Attorney has therefore conferred with the City Planner in that regard and the matter will come up when those matters are taken care of. 2/23/60 306 ATTORNEY CURRAN stated with reference to the action at the last meet- ing setting for hearing a proposal to change zones in the Graham and Bonamo Subdivision. Mr. Curran stated he went over the file since last.meeting and as a result he believes it is appropriate at this time to go a little bit into detail as to exactly what procedure has to be followed in order to a change of zone at this time, The expres- sions that have been made from time to time at the Council meetings indicate there is considerable mis-information as to what is required, and inasmuch as we have had a rather recent decision of our appelate court which makes it abundantly clear the strict letter of the law must be carried out and there can be no deviations, we should review the problem with which we are confronted at the present time. Ordi- nance No. 750 was adopted by the City Council in 1948, then in June of 1955 the Planning Commission recommended the adoption of an entirely new zoning ordinance by the City Council. There were several hearings held by the City Council commencing in July of 1955 regarding the pro- posal to repeal Ordinance 750 and to set up a new zoning ordinance. Ultimately the City Council determined the proposal which had been submitted at that time was not acceptable. The City Council in 1956 then submitted to the vote of the people the question whether it should require a petition from the owners of property within a radius of 300 feet of the property which the zone sought to be changed in order to process that petition for a zone change. The people, by4. their affirmative vote determined this requirement should be imposed. Thereafter the City Planner and the City Planning Commission did fol- low out that restriction and no zone change was processed until a condition in accordance with that vote had been filed by the property owner. There were relatively few zone changes until some time about a year ago, the changing conditions brought about increasing demands for zone changes, and the matter finally culminated in June or July of last year when there were several zone changes before the City Council. In the meantime the work had gone forward on a new ordinance and that ordinance was adopted before the end of last year and is now our new zoning ordinance No. 962. The thing which is important to keep in mind is Ordinance No. 962 cannot be amended except by going through the procedure which was followed in adopting Ordinance No. 962 if there are going to be any changes in zone. You must follow exactly the same procedure, you have to have the same hearings. That rule is established by the State and is something the Council has no authority of and the people have no authority, it is strictly a mat- ter sf following the State law. Remembering the City Council=has only that authority which is given to it, and the voters of the City have only authority which is given to them, it behooves us, if we 2/23/60 '07 wish to be able to sustain our new zoning ordinance in any test which may come up in court that we follow exactly the procedure which is prescribed by the Legislature of California with reference to making any changes. The procedure has been followed, and was strictly fol- up until the time we adopted the ordinance; now with the matter of the proposal to amend this ordinance we are confronted with the situ- ation the examination of the file showed the procedure which is pre- scribed by law has not followed, therefore it is the Attorney's recom- mendation the hearing which has been set, not be held, and this mat- ter be returned to the Planning Commission for the proper procedure in accordance with the State law. Moved by Allen, seconded by Fessman the motion be rescinded which was made at the last meeting establish- ing the date for a public hearing on March 8th for a change in zoning in regards to the specified number of lots in the Graham & Bonamo Subdivision No. 2. Carried, all the Council present voting aye. Moved by Alien, seconded by Fessman, the matter be referred back to the Planning Commission to conform with State law, as recommended by the City Attorney. Carried, all the Council present voting aye. ANNETTA RICHARDS, 1411 E. 16th Street, was present and stated she would like to know just where they were out of order; they thought they were following the rules and regulations. COUNCILMAN FESSMh.N stated they are not out of order, it is the procedure within our own organization, so there is nothing for them to worry about. CITY PLANNER STOCKMAN stated the hearing will be conducted the same as before, and all the people within the area, as well as those within a 300 foot radius of the area, will be notified of the public hearing. COUNCILMAN ALLEN stated Harry Haws is in receipt of a letter from Joe E. Brown, the movie star, in which he stated he would be happy if he could possibly do so to be here for the opening of the Little League Baseball games on their kick off day, and he would require at least a three week's notice in advance. Moved by Allen, seconded by Hart, we pass this information on to the Park and Recreation Advisory Board so they can get the information to the people who would be doing the inviting. MAYOR HOLLINGSWORTH asked if the Council had anything to do with Little League. COUNCILMAN FESSMAN stated he did not think the Council has anything to do with it, as it is a completely inde- pendent organization and they insist on maintaining it that way. This should be communicated to the Little' League. COUNCILMAN ALIEN stated he did not have the letter, but Mr. Gautereaux has the infor- mation so that should be sufficient. COUNCILMAN HART stated Councilman Reid and himself inspected the Casa de Salud and the inside needs painting very badly, and it is his 2/23/60 308 understanding if the City furnishes the paint and the brushes they would do it themselves, and he thought it would be well to let them do it. COUNCILMEN FESSMAN asked if the City enters into an agreement with anyone to furnish the paint and brushes so these people can per- form the labor, how would that affect us on our liability and employees compensation. ATTORNEY CURRAN stated every time you have any arrange- ment other than the ordinary course you do run into possible legal liability, and whether or not there would be in this particular case either in regard to workmen's compensation or public liability would depend upon the analysis of the situation at the time; but there is that danger. Moved by Hart, seconded by Allen, this be held over until next week and City Manager, City Attorney, and Park Superinten- dent Gautereaux make a report as to whether or not this can be done. Carried, all the Council present voting aye. Moved by Allen, seconded by Hart, the motion be.rescinded pertaining to Little League. Carried, all the Council present voting aye, COUNCILMAN ALLEN stated he was over at the Casa de Salud with repre- sentatives of the American Legion, and he had a letter from the Sec- retary and Commander of the American Legion in regard to the condi- tion of the Casa. There are a great many people interested in it, others than those on the west side of the City. COUNCILMAN HART stated there was a lady teaching an adult class at the Casa de Salud this morning. CITY MANAGER BIRD stated the Council requested a report from the City Manager and Mr. Gautereaux, Supt. of Buildings. We are getting that information as quickly as we can in relation to the users, what areas they come from, there is a letter of transmis- sion to Dr. Askew and to other interested people including the Adult Education Department under Mr. Killion; that is the status at the present time. APPOINTMENT OF PLANNING COMMISSION MEMBERS was presented. The Plan- ning Commission recommended the reappointment of N. S.' Stowe; Charles M. Poe; and Dr. Hugh G. Rockwell. MAYOR HOLLINGSWORTH stated she would appoint Dr. Rockwell to fill the unexpired term, and Mr. Poe the full term. Moved by Hart, seconded by Fessman, the appointment by Mayor Hollingsworth of Dr. Hugh G. Rockwell to fill the unexpired term of James L. Binswanger, and Mr. Poe be appointed for the full term be approved. Carried, all the Council present voting aye. APPOINTMENT OF CIVIL SERVICE COMMISSION MEMBER to fill the unexpired term of Luther G. Reid, was presented. The names of Miss Lillian G. Lewis and Edward Cooke were submitted by the Municipal Employees Association. Moved by Allen, seconded by Reid, Elzer Harwell be appointed. Carried, all the Council present voting aye. 2/23/60 309 CITY CLERIC ALSTON stated she received a communication from the County Boundary Commission regarding a Chula Vista annexation and she referred it to the City Manager and City Engineer for a report. CITY MANAGER BIRD stated with reference to the communication from the Boundary Commission, the City klanner stated this particular annexa- tion is not near any portion of National City as it now exists. Moved by Allen, seconded by Reid, the communication be filed. Carried, all the Council present voting aye. REPORT FROM CITY TREASURER for the period ending January 31, 1960, was presented. CITY MANAGER BIRD recommended it be received and placed on file with the City Clerk. Moved by Reid, seconded by Hart, the recommendation of the City Manager be approved, and the report be received and placed on file. Carried, all the Council present voting aye. COMMUNICATION FROM THE CIVIL SERVICE COMMISSION was read, stating they believe all employees of the City, except department heads, should be under Civil Service, and asked that all employees now hold- ing exempt or unclassified positions be blanketed into competitive service. COUNCILMAN ALLEN stated he would like to move on the recom- mendation of the Vice Chariman of the Civil Service Commission that it be approved, however, he did not think it has been presented in its correct form. The Civil Service Commission Ordinance calls out and specifically specifies under a certain section that certain departments so named will not be under Civil Service, and that cer- tain employees of certain groups will come under Civil Service. Moved by Allen, seconded by Hart, we return this to the Civil Service Com- mission stating that when, and if, it is presented in the correct form., calling out this section of the Civil Service Commission ordi- nance it will be given consideration by the Council. Carried, by the following vote to -wit: Ayes: Allen, Hart, Reid. Nays: Fessman, Hollingsworth. COMMUNICATION FROM MARINE TRANSPORT COMPANY was read, requesting the City's consent and agreement to assume a portion of the lease cur- rently existing between the City and National Plating & Processing Company of Texas. This concerns only Parcel 2B. The property will be developed and used as a truck terminal by Marine Transport Company. COUNCILMAN ALLEN stated he thought the request should be referred back to the Harbor Committee for an interview, and asked if it would have to go back to the Finance Committee to set the price. COUNCIL- MAN FESSMkN stated we have refused them once and we should reiterate our refusal, as there are some deals pending on this parcel of property Moved by Fessman, seconded by Hart, we write them and say that property 2/23/60 310 is not available for lease at the present time and we would not be interested. Carried, all the Council present voting aye. COMMUNICATION FROM CRABTREE & LINDSLEY representing Arno Mueller was read, stating they are writing on behalf of Mr. Mueller and the National Freight Terminals with respect to a lease entered into March of 1959 by and between the City of National City and Mueller Truck Company for lease of Parcel 12-A, tentative tidelands of National City and the additional lease presently before the Council for addi- tional land to Mueller Truck Company. Mueller Truck Company and Mr. Mueller have formed a corporation known as the National Freight Ter- minals, for the purposes of conducting the freight terminal contem- plated under the above lease. It is the request of Mueller Truck Company, Mr. Mueller, and the National Freight Terminals the previous lease and the pending lease be consolidated into one lease and be made in the name of National Freight Terminals Corp. It was further requested the lease so executed bp. for a term period of 50 years based upon successive five year periods with options to renew. Moved by Fessman, seconded by Allen, the Mueller matter be referred to the Attorney for a report to the Harbor Committee. Carried, all the Council present voting aye. COUNCILMAN FESSMAN, Chairman of the Harbor Committee, stated as soon as the Attorney can make a report to the Harbor Committee he will call a Harbor Committee meeting to discuss the matter. CITY MANAGER BIRD stated he had a matter of finances relative to that which was incurred during the Mary Lou Olson investigation, and would like, if possible, to submit it at the next meeting of the Finance Committee. Moved by Allen, seconded by Fessman, the City Manager's request to submit this at the next meeting of the Finance Committee, be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he attended the Spring Conference Meeting of the City Managers of the State of California. There are some senate bills which will perhaps be handled at this forthcoming leg- islative session. Mr. Bird said he was speaking of Senate Bill 4 and its companion rider bill in the Assembly and also Senate Bill 8 and its companion rider bill which in essence is a State sales tax exemption matter. SB 4 will exempt all medicines from sales tax; the other bills will exempt only those medicines which are by actual prescription. Mr. Bird said he took it upon himself to address the assemblage on a request for action in 1961 for clarification of the permissive bill relative to Mayors in municipal corporations, as to their term of office, their successors in office, etc., which was. referred to Senator Fisher of this Districe. 2/23/60 311 CITY CLERK ALSTON reported she has the Annual Report for 1959 of the San Diego County Water Authority; also the Annual Report of the Board of Administration of California State Employees' Retirement System, which will be on file in her office. Moved by Allen, seconded by Fessman, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 2:15 p.m. ATTEST: CITY CLERK MAYOR, CITY OF NATIONAL ( ITY, CALIFORNIA 2/23/60