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HomeMy WebLinkAbout1956 04-24 CC MIN292 National City, California, April 24, 1956 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council Members present: Fessman, Hart, Heck, Hollingsworth, Hodge. Council members absent: None. AD,.INISTRATIVE OFFICIALS present: Alston, Bird, Lill, Wagner, Holgate, Curran. The meeting was opened with pledge of allegiance to the Flag, followed by invocation by Rev. Knight. Moved by Hollingsworth, seconded by Keck, that the minutes of the regular meeting of April 17, 1956, be approved. Carried, all the Council present voting aye. REPORT FRS: THE CIVIL SERVICE COTtMISSIJN was read stating that the hearing on amendment to Civil Service Rules by adding section 9.9 was held. The following amendment to the rules hps been approved by the Civil Service Commis- sion and Is submitted for approval by the Council. Upon approval by the Council this section will be added to the Civil Service Rules and Regulations. Section 9.9. Abolishment of Positions: "Whenever the City Council abolishes a position of Motorcycle officer in the Police Department, the incumbent employee shall revert to the posi- tion of Patrolman in the same department without loss of seniority; provided however, if the position is reestab- lished within a period of two years following the ate of abolishment, such employee shall be eligi'7,1e for rein- statement to the position, Moved by HollingswCr th, seconded by Hart, that the proposed amendment to the Civil Service Rules be approved, and the Attorney prepare a resolution for same, Carried, by the following vote to - wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD stated it is his recommendation that the City retain Lots 19 and 20, 3lock 1 of Bach and Shaules Addition until Paradise Creek is channelized. These are the lots which Mrs, Vera A. Jarvis made application to purchase. It is the 1:`an_;.cer's recommendation that action be taken to deny the appiication. Moved by Heck, seconded by Hart, that the City 'vfa_:rager ' s recommendation on the application of Vera 1., Jarvis to purchase Lots 19 and 20, Block 1 of Bach and Shaules Addition be denied, and the City at this time retain the ownership of the property until Paradise Creek is properly channelized. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. CITY iA13A.)ER BIRD reported that the City has received a refund from the State Compensation Insurance Company in the amount of $5,170.14, which represents a 52% premium refund. This refund is the largest in the City's history. COUNCILMAN NECK stated he wished to compliment the City employees for the fine safety record. Moved by Heck, seconded by Fessman, that the City Council through the City Clerk address a letter to the Safety Committee thanking them for their fine safety record. Carried, all the Council present voting aye. REPORT FR31 CITY EN3INEER LILL was read stating he has one set of plans and specifications completed for Tidelands 4-24-56 293 Avenue from 13th to 19th Street. Conies of the plans and specifications have been forwarded to the State Division of Highways for approval. It is requested they be accepted by the Council and the advertising for bids be authorized; such advertising will not be done until approval has been obtained from the Division of Highways. CITY :;tNAs.ER BIRD stated this has been approved by the local division and it is merely a matter of processing. The clans are available for the Councils scrutiny and we will ask that a resolution be adoptedat the next meeting. CITY PNAGER BIRD stated he received a letter from the San Diego County Farm Bureau, Inc. regarding sales tax, an d purports to set up a formula which they request for cities to support in relation to the pending legislation of the Supervisors in adopting a uniform sales within the unin- corporated areas of the County of San Diego. Mr. Bird stated in relation to the sales tax, he attended the Seeeevisors meeting this morning for the purpose of as- cesaining what was going to be done. Because of this letter, the Supervisors on motion, held the matter over for another meeting, at which time they will set up a hearing so that the Farm Bureau can be heard, aid we will be eiven an invitation so that we may have representation at the meeting. CC aUNICATION FROal.. THE DIVISION OF HIGHWAYS was read with reference to the need for traffic signals at the junction of 13th Street and Montgomery Freeway. This intersection has been studied in detail and beieve that sign.alization should he delayed, at least un;i.l the Freeway construction can be a little more accurately determined. It is suggested that the installation he : econsidered in &J`.oirt o:;.e year. Moved by Fessman, seconded by Hollingsworth, ,;l.as ,. the City Attorney be instructed to investigate eve-y e,,at means we might have to claim jurisdiction on ehat ir..ta7srct or and make it safe for our citizens to cross Harbor im,.ie at. 13th Street. :lr. Fessman said he would like to have the City Attorney check through the Freeway Acreement we have with the State and see what rights the cities have vs the State Highway Department. Carried, by the foltcwi_ g vote to wit.: Ayes: Fessman, Hart, Heck, Holli,_swe_�t',, Nays; Hodge. CITY ;VANAsER BIRD reec::nm e,ded that the crosswalks at loth and "E" Avenue be .insets .j..d. Moved by Heck, seconded by Fessman, that the 'dia. aeers recommendation be allowed. Carried, by the fo'..c;v;:,n vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth Hoene. Nays: None. J CITY MANAGER BIRD s �^.ted w th reference to the request for a street light at 5,h & '%" Avenue we are awaiting the cost report from the Gas & Electric Company. CITY i �ANA3ER BIRD reported that the bids for aerial mapping require further study, and a report will he made at the next meeting. APPLICATION 3F DALE R. McDRIDE to move a structure from 2930 E 8th Street to 2916 E.uth Street, was presented. The building is now being used as a cleaning press shop and will be used for the same purpose if moved. Reports from the Building Department and City Planner Wagner were read. Moved by, Hollingsworth, seconded by Heck, this be held over and referred back to the Planning Commission for possible zone variance or further consideration. Carried, all the Council present voting aye. 4-24-56 294 CITY CLERK ALSTON stated it was now time for the hearing on the proposed zoning ordinance. MAYOR HODGE stated that the hearing is now open. Moved by Heck, seconded by Hollingsworth, that the hearing be deferred until the ar- rival of the City Attorney. Carried, all the Council present voting aye. CITY MANAGER BIRD asked if the Council would authorize the Engineering Dept, to add 20th Street, Newell to Grove:, the north ones -half of said street; also Newell from 18th Street south to 20th Street, to the present Grove Street 1911 Improvement proceedings. Moved by Fessman, seconded by Heck, that this proposal be added to the Grove Street 1911 Improve- ment Act Proceedings. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. CITY MANAGER BIRD suggested that the Council authorize the Ene'..neering Dept. to add Wilson Avenue from 16th to 18th S-- :.et to thc present Wilson Avenue 1911 Improvement Act Proceedings. Moved by Fessman, seconded by Heck, that the t-e blocks be included. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. REr-DRT OF CITY TREASURER for March, 1956, was presented and crclei-ed filed. CO„i^'1UNICATION FROM i COUNTY BOARD OF 9JPERIIISORS was read giving no;.a.cc of the filing o' a Notice of Intention to circulate a petition for the inecrporation of a new city in the County of San Diego to be kncael as Lemon Grove. COMMUNICATION FRC,:1 LAUL ENCE SOUTH4ICK OF LANGLEY CLEANERS was read stating he aught. Langley Cleaners January 21, 1956, and before buvine tho'Iciness he had nnid the 1956 license for his cleaning route :, Ieetional City. He endcrst.00d that when he paid the 195, for Langley Ceane. s c»i.: $25.00 he paid for his rout ? ; > would be reie_r:ed, aie asks that the refund be m^ ue Ci:,.:..,?;PIICATION FROM CITY TREASURER AND LICENSE CLERK was read stating that Mr. Southwich purchased license #270 for a retail '.ar-,.dry and cleaners retail route truck on January 9, 1956 giv.: i the information that he owned the route but Langley Cleencee, the cicanr:g. January 24, 1956 Pv;r, Southwich puchas:7H gross license for the business at 2629 HighlandThe: :),-1.71(3 of the business is Langley Cleaners on License #722 a...r ra is listed as the owner. CITY CLERY ALSTON recommended this be referred to the City Attorney. Moved by Hoilingswerto, seconded by Fessman, this matter be 'referred to the City "ttorney for a Fulino. Carried all the Council present. vat`,J aye. ' CO, MUNICATl ON FR•CM ';A Y .,-)IEGO COUNTY TUGERCULOS I S AID HEALTH ASSOCIATION was read regarding the annual dinner at thc House of Hospitality, Balboa ?ark, May 3rd at 6:30 P.N. RESOLUTION NO. 6630 was read, authorizing the transfer from the General Fund, Account No. 502-B21, Election Expense to Account No. 2, Traffic Safety, the sum of .:223,00. Moved by Heck, seconded by Hollingsworth, that th;; Resolution be adopted. Carried, all the Council present voting aye. CITY ENGINEER LILL reported the contract has been signed for the Multi -Purpose Concrete Slab in Kimball Park and construc- tion will begin the first part of May. It is scheduled to have the plans and specifications for 16th Street Improvement ready for the next meeting. 4-24-56 295 COL`NCIL:AN HECK asked if any further progress has been made in regard to 18th Street, from Palm to Rachae.l. CITY AgA1ER BIRD stated there has been some progress made. We are still in an argumentative stage with our Engineer of Work, Mr. Phelps. The question which was raised by the Finance Committee in relation to disassociating ourselves with Tyr. Phelps in the matter is being taken up by the City Attorney; we have hopes of resolving the matter, and may be able to make a report in this regard at the next meeting. %.oved by Heck, seconded by Hollingsworth, that it be referred to the City :Attorney for a report at the next meeting. Carried, all the Council present voting aye. REPORT FROM THE PLANNIN3 CJMMISSICN was read regarding the grant deed received signed by L. Wendell and Lillian Hesseltine and Fred ad Vioket N. Luxton, relative to the Easterly 1.10 feet of Harbison Avenue extending 132346 feet Southerly from the centerline of 8th Street and the Southerly 40 feet of 8th Street extending 331.25 feet Easterly from the centerline of Harbison Avenue. City Engineer Lill recom- mended the acceptance of the deed. It was the recommendation of the Planning Commission that the deed be accented subject to the final approval of the City Engineer. Moved by Hollingsworth, seconded by Heck, that the Planning Commission's recommendation be approved, and referred to the City Attorney for preparation of a resolution accepting the deed. Carried, by the following vote to -wit: Ayes: Fessman, Hart; Heck, Hollingsworth, Hodge. Nays: None, REPORT FROL COMMISSION was read stating a dis- cussion was he=. on the proposed Annexation Program with preliminary plans presented by City Planner Wagner. Plans indicated a propo3ed annexation of a 200 foot corridor south of the south ':._ ' ..^Tics between Highi.nd Avenue and Edgemere Rea -.? : ,e County owned.. pt-o:erty at the east end of 8th ' :zolyn as the Frit„ :' erty, Berner Hills, James property L:1:1 ogers property„ _' was unanimously approved to p:'ccc; d with the annexation program as shown on the plan. REPORT FROM THf, rL, ,: ''IN1 COMMISSU JN was read stating City Planner Wagne.• p.r.• nted several business license applica- tions which is 1, aen a policy in the past to issue in residential zones, such as general contractors, architects, service trucks tee.ec co house solicitors, piano tuner, second ?a1d,store; etelstery shop, civil engineer. Since the first/area hc Pla.inig Commission has been asked to vicw these applications before issuance, City Planner Wagner requested the CoTris,onts interpretation of the Zoning Ordinance as to wa • h'z' it is the intent of the ordinance to restrict resider • 7.7.)nes strictly to residential use with no.business exce. Ay variance. He feels that the proposed ordinance will eliminate this problem through the permission of exceptions for home occupations. A motion was passed by the Commission tc instruct the staff to permit these business licenses question, each to be accompanied by a form letter telling the licensee it is beinc issued not in accordance with the ordinance but there is expected a new ordinance to be in effect next year, at which time it will be necessary to apply for a Home Use Permit. HEART Nd ON PROPOSED ZJNIN.i ORDI NAN':E was held at this time. CITY CLERK ALSTON announced that she had received no written protests. PRICE C. AVERY, 1441 Highland Avenue, was present 4-24-56 296 and stated he did not see how anyone could express themselves when they have not been informed as to the final draft of the ordinance, howeVer one objection he has is to the legalized parking, for a business zone, the Planning Commission reduced the area from 1,000 feet as provided in Ordinance No. 750 to 500 feet. A.T. A RDA, 2024 Wilson Avenue, was present and stated according to the map his property would be in two zones, one part-3 and one part M-4. Zone and questioned if his property will he zoned industrial. COUNCILMAN HECK said it will all be Psi zoning and it is the property owner's own choice whether they wish to utilize it for light or heavy mnn.ufacturing. MAYOR HODGE stated that Lir. Aguda could meintain his home in that location as long as he wished to, however under the proposed new ordinance he would not be able to build more dwellings on that property because it is zoned for manufacturing. The dwellings that are already there would he allowed to stay there until such a time as the property owner of their own free will would desire to sell it for manufacturing. AJILL PRATT was present and stated he owned Keith's Drive -In and property facing on Roosevelt Avenue and asked if this proposed ordinance would prohibit the building of any housing in this area. CITY PLANNER WA3NZR stated it is to remain an M Zone, as it always has been since Ordinance No. 750 has been in effect. A motel is considered commercial and would be permissible. MRS. MARTHA SMITH, 910 "N" Avenue, was present and asked if a person would be allowed to obtain a building permit to add to an existin, home, or improve a home, in the M Zone. MAYOR HODGE stated this would not be allowed, except by grai'ting of a zone variance. iv;RS. SMITH asked if it would be possible to obtain copies of the zoning map. ATTORNEY CURRAN stated that copies of the new proposed zoning plan have been prepared by the Planning Commission and copies have been made available to members of the Council and they would be available as a public record for anybody who wanted to see them. COUNCILMAN HECK suggested that a map be posted on the bulletin board in the City Hall. MRS. SMITH asked if it was to appear in the newspaper where it would reach everyone, if not she would like to have five copies for the area. L.RRY FREEMAN, Publisher of the National City Star - News stated they agreed to publish the map without charge if the City provides the cut, but when it is not published until after it is adopted there is no way of reaching the people before the adoption. CITY PLANNER WAGNER stated if the map, as presented, is acceptable to the Council, then it could be run as a news item in the paper without charge to the City and the cut that would be used at that time would also be the cut for the final ordinance itself when it is printed. Moved by Fessman, seconded by Heck, that we approve this map as it is at the present time so that it can be published in the paper, and that the City prepare the cut for the newspaper. WILL PRATT asked what would happen if a person has a home in the industrial area that would be destroyed by fire; and thought the hearing should be postponed so that more people could attend. CITY PLANNER VA;iNER stated it is the intent of the Ordinance when non -conforming land use has Ceased, the new zoning regulations will be effective and all new land use must comply with the new ordinance. The Planning Commission since November of 1954 has consistently conducted a series of public hearings. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth, Hodge. Councilman Hart: Not voting. MAYOR HODGE stated he would entertain a motion it be included in the ordinance that any property in any zone can be restored to its original con-, dition that has ordinary maintenance and repairs, if by acci- 4-24.-56.. 297 dent, fire, etc. MRS. C.M. FRAZIER, 2425 "K" Avenue, was present and stated they owned property at 18th and National Avenue where her mother-in-law lives and to her that is home; and if it was totally destroyed they intend to restore it. Moved by Hart, that they be allowed to restore the building if totally destroyed. COUNCILMAN HECK stated he believed we should adhere to a percentage basis of the assessed valuation at the time the property became non- conforming. CITY MANA3ER BIRD stated the question of percentage of the assessed valuation is adequately covered in our present Building Code, which we changed to get away from assessed valuation; assessed valuation being definitely low, roughly on a 30% value. The Building Code sets up a percentage of value, and that value is calculated on a proper systematic laying of costs of replacement less de- preciation, which would take care of the percentage situation. Under the Building Code you are allowed to repair a non- conforming structural building a certain percent in any one year for improvement. When an addition is made to a building under the present existing Building Code of 50% of its actual value the entire building must be brought up to the standard existing code at the present time governing that particular construction. When it goes beyond that and is destroyed by fire, etc. it must be razed, completely eliminated. With this particular ordinance since the building is over 50% destroyed by the elements it will have to be taken down entirely. It is then the question as to whether the Council would wish a building permit to be issued in a non -conforming zone to build a new non -con- forming structure. Motion died for lack of a second. CITY MANAJER BIRD stated he wished to call attention to Section 3:23, wherein he pointed out to the Council at a previous meeting the desirability of the deletion of storage of petroleum products and fuel gas but not butane or propane, and that it be placed in the category of 3:24, at the bottom of the page, manufacturing of butane storage, etc., so if and when this is done we can process our fire code which we are holding in abeyance until this matter is taken care of. Moved by Hollingsworth, seconded by Heck, that the words ".storage of petroleum products and fuel gas but not propane andbutane" be deleted from the proposed zoning ordinance in Section 3.23, and that Section 3:24 (A) subsection 4, have added the following words: "bulk plant storage above ground of flammable liquids, but not butane or propane as governed by Section 1502 of the Fire Prevention Code", that Section be amended, deleted, and added. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge. Nays: None. MAYOR HODGE said he would like the Council to reconsider the problem Mr. Pratt brought up in regard to repairing of buildings. COUNCILMAN HECK stated the City Manager answered the question; it now becomes a matter of Council policy whether we are going to permit a new structure to be constructed in anon -conforming area. FLOR ENCE M. UZUMECKI, 524 "I" Avenue, was present and stated that under the new ordinance the west side of "I" Avenue from 4th to 8th Street will be set up as commercial, and this takes in her property; and she did not think it would be fair to the property owner to be held down to keep a lot vacant because your home was destroyed by fire or some other element. COUNCILMAN HECK stated he did not think a few of these ab- stract examples should deter the Council in going ahead and considering the full text of this ordinance. COUNCILMAN FESSMAN stated he wished to concur with Councilman Heck; there is not any provision in this ordinance that cannot be taken care of by a zone variance. ATTORNEY CURRAN stated we 4-24-56 298 trust consider this problem froM,noot only of ithe he tzoning wrege ula- tions but from the building, and e trying to do is to bring these two ordinances together. MIYOR HODaE stated he thought the percentage should be re- solved at this time in regard to repairing of homes that have been damaged. CITY PLANNER WA3NER stated he did not believe at present, the w ay the ordinance is recommended by the Planning commission, that we actually do -have a section that completely covers it. COUNCILWOMAN HOLLINuSWORTH asked if Section 302 could be changed to conform with the Building Code. ATTORNEY CURRA3 stated as a matter of principle there is no reason why it could not be. Moved by Heck, seconded by Fessman, that a section be placed in this ordinance at the discretion of the City Attorney, entitled: restoration, damaged building. states as follows: "A non -conforming building which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or acts of Sod, or the public enemy, to the extent of not more than fifty percent of its value, may be restored, provided the total cost of such restoration does not exceed fifty percent of the value of the building at the time of such damage. In the event such damage or destruction exceeds fifty percent of the value of such co struct€onfshallgbeumadenunlessg or teveryrportione no pofrs or re - such building is made to conform to all regulations for new buildings in the zone in which it is located". COUNCILrAN HART stated if the damage is over fifty percent there are no repairs to be made; and he questioned the matter of in- surance an the buildings. If it is a total loss and they do not pay money, the owner of the building would have to stand the loss, and he would not wish to cause a hardship on anyone. COUNCILMAN FESB,eAN suggested when this is adopted that the insurance brokers in the area be notified that such is the case and all they have to do is put an endorsement on the policy to change it from one condition to another. Carried. by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth. Nays: Hart, Hodge. Moved by Heck, seconded by Hollingsworth, that the text with the amendments both from the Planning Commission and the City Council for the proposed zoning ordinance be referred to the Attorney for preparation of an ordinance. Carried, by the following vote to -wit: Ayes: Fessman, Heck, Hollingsworth. Nays: Hart, Hodge. 0EOR3E JOHNSON, Manager of the National Lumber Company, was present and stated he would like same relief in regard to parking near his place of business at 8th and..€itghland. Moved by Fessman, seconded by Hart, this matter be referred to the City Manager, Traffic Engineer mid Chief of Police to correct the condition existing at 8th and i , in compliance with the existing ordinance, if possible, and the City Manager and Traffic Engineer be ordered to submit a new draft of a traffic ordinance. Carried, all the Council present voting aye. BERNARD L. FINDAHL was present and stated he would like per- mission to move a house from 825 Roosevelt Avenue to a lot he owns on E. 19th Street. The Council previously granted per. mission to move this building to an M-1 Zone, and in the meantime he has purchased the lot and contemplates pur- chasing the house if he can get permission to move same. Moved by Heck, seconded by Fessman, that Mr. Findahl make his application through the regular channels for the proper recommendations. Carried, all the Council present voting aye. 4-24-56 299 SIGBERT O. GRANGER, 2518 "M" Avenue, was present and stated he is a real estate salesman employed by Charles E. Anderson, and is appearing before the Council in protest of certain notices of violation handed him on April 16th for a City business license. Mr. 3ranger said he would like the Council to make a study of this and see if there is defi- nitely a violation. Moved by Fessman, seconded by Hollingsworth, this matter be referrccd to the City Attorney for perusal to see if he can find Mr. Granger's statements are correct, and if so recommend steps to change our ordi- nance in such a manner that it will be constitutional and according to the real estate laws of California. Carried, all the Council present voting aye. RESOLUTION NO. 6631 was read finding and determining that all work provided to be done by C.S. WILLIA:.S CONSTRUCTION COv1PANY for the Construction of Drill Yard Improvements at the Fire Department Station has been satisfactorily performed and the Council accepts said work and authorizes the filing of a Notice of Completion, and orders that payment be made in accordance with said contract. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carricd, all the Council present voting aye. RESOLUTION NO. 6632 was read approving and accepting Change Order H to Contract NOW (U) 22039 with the District Public Works Office of the El(Pventh Naval District, continuing said contract during the fiscal year beginning July 1, 1956, and the Mayor is authorized and directed to execute the same for and on behalf of City. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6633 was read accepting certain real property described in 'Grant Deed dated February 27, 1956, executed by BERTHA RHODES and HENRY W. RHODES. Moved by Heck, seconded by Hollingsworth, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6634 was read "DETERMININ3 INITIAL VIEW OF 1E 3ISLATIVE BODY THAT THE PROVISIONS OF DIVISION 4. OF THE STREETS AND HI3HWAYS CODE ,DILL NOT BE VIOLATED (CLEVELAND AVENUE)". Moved by Hollingsworth, seconded by Fessman, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6635 was read, approving the Grant Deed from 3RACE L. WILLIALS, dated March 7, 1956, and the Irant Deed from IVAN DALE MAYBERRY, JR. and DOROTHY L. MAYBERRY, dated December 2, 1955, and the parcels of real property described in each of the Grant Deeds are hereby accepted for and in behalf of City of National City for street purposes. Moved by Hollingsworth, seconded by Heck, that the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 6636 was read approving and accepting the easement dated March 9, 1956 granted by BERNARD L. FIrrDAHL, OPAL I FINDAHL, CHARLES H. CHAMBERLIN, JR. and LEAuIAN T. REYNOLDS, over a portion of eighty acre lot 1, quarter section 128. Moved by Heck, seconded by Fessman, t hat the Resolution be adopted. Carried, all the Council present voting aye. CITY ATTORNEY CURRAN reported that the Public Utilities Commission has served notice that the hearing on application 4-24-56 300 in Case No. 5663 concerning the adoption of service standards and service rules for water utilities has been continued to May 14, 1956. ATTORNEY CURRAN reported in regard to the case wherein the United States of America is seeking to make the City of National City party defendant in certain actions involving the validity of some liens of F.E. Thibodo. The United States Attorney has contacted the City Attorney and it now appears that the Attorney 3eneral in Washington has instructed the local U.S. Attorney to proceed to trial, that the matter will not be settled and we will have to defend that action. ATTORNEY CURRAN stated we have received a notice that the case of Frank Hynum against the City of National City has been reset, it had been set for May 9th but the Attorney for Mr. Hynum advised that date was not satisfactory so it will be some subsequent date. ATTORNEY CURRAN stated with reference to the policy deter- mination of the City Council regarding the relocation costs of the California Water and Telephone Company which was adopted, the Attorney for that company has requested that he ascertain from the Council whether it might serve any useful purpose to have the 3enerai Manager, Mr. Nenzel, come down from San Francisco and be heard on the matter. They feel he would not want to take the time out to do so unless there was some possibility of the Council reopening the matter. it was the unanimous opinion of the Council that they did not want to participate in the relocation or removal of any water meters, and fail to see that Mr. Nenzel's presence would change our policy in any way, and could see no reason to have him come down. CITY ATTORNEY CURRAN reported he attended the Spring Con- ference of City Attorneys and they had a very informative session on several problems. The meeting was well attended by City Attorneys throughout the State, and it was the general feeling that having it separate and apart from other functions of the League was very worth while and they ac- complished considerable. CITY PLANNER WA3NER reported he attended the industrial Conference in Los Angeles last Tuesday and it revealed some very interesting facts about planning for industry along the lines -of bur recently approved zone plan. We were informed that California must provide jobs for 23,000,000 people by 1975, and there has been an increase in industrial employ- ment on the average year per year between 40% and 55%. It appears there is definitely a need to provide long range planning for industrial expansion, not for the next four or five years, but for the next twenty-five years. The PLANNINs Commission had two citizens in attendance last evening at their first published public hearing on the in- dustrial development plans. The Planning Commission sit the next public hearing for May 28th at 7:30 P.M. CITY PLANNER WA3NER stated there is a hearing scheduled for May 8th by the City of Chula Vista on the proposed Vista Hill Annexation. COMMUNICATION FROM JAIES A. DANIELSON, 1430 E. 30th Street, was read requesting that the City of National City annex his property, which lays along 30th Street, 4-24-56 301 in its entirety. He is opposed to having any part of said property annexed to the City of Chula Vista. It is further requested that the property be zoned limited commercial to a depth consistent with current zoning practice. MR. WA3NER stated the proposal originally made would cut Mr. Danielsonts property into two jurisdictions. He has sent a copy of this letter officially to the City of Chula Vista which we anti- cipate would be entered as a bona fide protest of their annexation proceedings at the May 8th hearing with the possi- bility of revising in some manner the 200 foot strip to in- clude all of Mr. Danielsonts property. Mr. Wagner said he has been negotiating with other property owners in the area and it may be possible that further revisions to the Chula Vista Annexation line may be in order. CITY PLANNER WAGNER stated he would like to offer one sug- gestion in regard to the method of petitioning for zone variances. The present Zoning Ordinance No. 750 allows that the application be filled out by an applicant in the office of the Planning Dept; the fee is paid, and general statements for the request are made. It is suggested that section of the ordinance might be revised to require the petitioner or the applicant, fill out a full petition answering three basic questions as to why the variance should be granted, in order to grant him substantial rights as an individual, also that the hardship exists for certain reasons. It throws the burden of proof not so much on the City as it does on the applicant, and if it is possible that the text of the ordinance may be written along those lines it would aid us considerably. MAYOR HOD3E asked if there would be the definition of "hard- ship" on the application, and the hardship should be for land use only. 'roved by Heck, seconded by Hart, that the City Planners recommendation be incorporated in the new zoning ordinance, and forwarded to the Attorney to place in an ap- propriate spot in the new ordinance. COUNCILWOf=AN HOLLIN3SWORTH asked if this relieved the City of obligations or liability in the case of a petitioner for a zone variance and he circulates a petition in his particular arca and some- one is not notified. Suppose the person who owned the land did not live here and also that there were some people who refused to take either side, would not sign for or against itw If the City went ahead and processed a zone variance and it was granted, would the City be liable to those who had not parti- cipated. CITY ATTORNEY CURRAN stated there is nothing more fundamental in any of your problems in zoning and financing than the constitutional guarantee which protects ones rights to property, and before certain steps can be taken you have to satisfy your constitutional requirements in due process, and one of the requirements, very fundamental in due process, is notice, so that when notice is prescribed whether it is pre- scribed by state statutes or by aa ordinance you have to satisfy that requirement. COUNCIL.AN FESSMAQ stated it is his understanding of Mr. Wagner's suggestion that it did not have anything to do with relieving the situation as far as the City was concerned to notify the people in the surrounding area of a zone change or variance, it only changed the method of the application. CITY PLANNER WAINER stated if we could salvage some parts of the text, in section 6:01, 6:02, 6:03, and 6:04, and certain provisions are retained in their general scope with respect to the distribution of the conditions the: application would in addition to being circulated by the property owner would have to be published, and we put in afee of ;25.00 for the cost of publication, as required, and then there was an a:A iditional fee of 310.00 for the publication of the notice 4-24-56 302 in the newspaper. After the person has petitioned his neighbors within 300 feet, those whose names appcar on the application form as against, and those names who do not appear on the form for, would have to be notified by post card notices Those who had signed for it need not be notified, according to the procedure outlined. CCUNCILWJ.AN HOLLINGSWORTH stated she thought everyone should be notified, not just those who arc agains /itjtOUNCILMAN HECK with th ap- proval of Councilman Hart, amended the motion by incorporating the procedure as outlined by City Planner Wagner go into ef- fect with the provisions that everyone be notified. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Heck, Hollingsworth, Hodge, Nays: None. CITY iMANAIER BIRD stated in regard to the report of the City Planner regarding Mr. Danielson's letter, if Mr, Danielson is going to send a letter of protest it will not he a legal protest unless -it carries the legal description of his property and state the reasons for protesting. CITY PLANNER WAQNER stated he would so notify Mir. Danielson. Moved by Hart, seconded by Fessman, that the meeting be closed. Carried, all the Council present voting aye, Meeting closed at 4:55 P.M. ATTES) : CITY CLERK ��, MAYOR, CITY OF NATIONAL CITY, CALIFORNIA 4-24-56