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HomeMy WebLinkAbout1973 08-28 CC MIN139 MINUTES OF THE REGULAR METING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 28, 1973 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Vinson, Reid, Waters, Morgan, Absent: None. Administrative officials present: Campbell, Foster, Gerschler, McLean, Osburn,, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Osburn followed with invocation by the Rev. Dr. Leroy C. Westbrook,, First Baptist Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Camacho, minute softhe regular meeting of August 21, 1973, with correction of the street address in P Xa graph 84 Page 132 be approved. Carried by unanimous vote. City Manager Osburn announced the appointment of Fire Captain KENNETH JOYCE as FIRE CHIEF as of September 1st. Mr. Joyce was present and thanked City Manager Osburn and the Council and intro- duced his family. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the proposed proclamation "National City Rodeo Days" September 4 through September 10. Moved by Reid, seconded by Waters, this proclamation be ado•ted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Butch Bridgman, Rodeo Director. Mayor Morgan recognized retired Fire Chief Bailey present in the audience. ORAL COMMUNICATIONS AL ALVARADO, 2423 E. 20th St., was present on behalf of the Boys' Baseball and the National City Pony League and thanked the City for their help in putting on the Divisional and Regional Tournaments which were successful; he particularly thanked the Park and Recre- ation Department; they did make some money so the City will not have to underwrite them. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, resolutions be presented to Council by title only. Carried by unanimous vote. RESOLUTION NO. 11,157, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE 962 (Z-•5-73,, 936 National Avenue, Thomas H. Cosby)." Moved by Reid, seconded by Camacho, Resolution No, 11,157 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, these ordinances be presented for first reading to Council by title only. Carried by unanimous vote, 8/28/73 140 Ordinance No. 8/28/73-1, "An Ordinance Amending the Zoning Regula. tions (Ordinance No. 962, as Amended by Ordinance 1315, National City Sign Ordinance) to Provide that Directional Signs Shall have a Maximum Size of Four Feet (4') Square." ORDINANCE NO. 1380 (8, ), "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CON. TRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE." City Attorney McLean explained that this is an urgency ordinance and can be adopted tonight; this is necessary because the contract must be amended by September 28 or the people eligible for inclusion in the added benefits will lose their rights. Moved by Waters, seconded by Camacho Ordinance No. 1380 (6/28/73=2) in relation to the retire ► meats stem for em to ees be ado ted effective immediate) . Carried by unanimous vote. REPORT OF CITY ATTORNEY .. None. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $37,934.26 Traffic Safety 490.27 Park 1,095.99 Gas Tax 2106 68.56 Special Street 19,725.70 Trust and Agency 60.00 Sewer 658.96, Total $601033074 Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn, Carried by the following vote„ to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. NEW BUSINESS CONSENT CALENDAR ITEMS: (a) City Manager's recommendation 8/9/73 minutes of Park and Recreation Advisory Board be approved, minutes attached; (b) City Clerk's memo reporting receipt of notice from the Corps of Engineers: (1) Application by City of San Diego, Public Works Department, for permit to modify storm drain system in Mission Beach by constructing four pump stations, all within City of San Diego; (2) Application for permit to reconstruct shipways #1 by National Steel and Shipbuilding Company; (3) Application made by Mauricio and Sons, Inc.. for permit to rebuild existing shipway; (c) Letter of appreciation from President,, National City Swim Club Boosters, to Mayor and Council for support and for lane lines recently purchased for the pool; also commended Mr. Arthur Maley for his cooperation and support of their team; (d) Request by Board of Registration for Professional Engineers for cooperation of city and county officials in reporting to the Board Officers any possible negligent, incompetent or improper engineering work, fraud, misrepresentation or incompletion of an engineering or land survey. ing contract; (e) Communication from Standard Oil Company of California, Western Operations, Inc.,, regarding County Public Health Department Rules 61 and 63, control of gasoline vapors and suggest- ing the City contact one or more of the companies fabricating vapor control systems and consult with a contractor for installation as soon as possible. (Attached: List of companies fabricating vapor control systems for gasoline service stations and construction contractors and/or consultants who install vapor control systems in gasoline service stations.). Moved by Pinson„ seconded by Camachol consent calendar be approved. Carried by unanimous vote. 8/28/73 141 A memorandum from CITY CLERK CAMPBELL attaching letter from Execu. t ive Officer, LOCAL AGENCY FORMATION COMMISSI ON , regarding detachments from the San Diego County Flood Control District and stating it may be that all annexations from 1945 on should be detached from the District and Council should go on record either to detach these annexat ions or to leave them within the County Flood Control District was presented. Moved by Reid, seconded by Waters, this be referred to the Cit Mana er for action with the ro r authorities, Carried by unanimous vote. A communication from GOLDEN STATESMEN requesting waiver of license fee to sell tickets for a benefit Sept, 8, proceeds to be used to replace some of their equipment and to acquire recreational equipment for severely handicapped, and the LICENSE COLLECTOR' S recommendation the request be granted were presented. Moved by Waters, seconded by Camacho, in favor of the Golden Statesmen's request. Carried by unanimous vote. The application for OFF -SALE GENERAL LICENSE for person -to -person and premises -to -premises transfer by LUCKY STORES, INC . , 3007 Highland Avenue, and the Police Chief's report there appear to be no grounds for protest of this application were presented. Moved by Pinson, seconded by Reid, in favor of Lucky Stores. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters. Nays: None. Abstaining: Morgan. The LEAGUE OAF CALIFORNIA CITIES LEGISLATIVE BULLETIN, dated August 17, 1973, with the CITY MANAGER'S recommendations indicated thereon was presented. Moved by Pinson, seconded by Reid, in favor of the City Manager's recommendations, Carried by unanimous vote*. The CITY MANAGER'S memorandum recommending the transfer of $9,000 be made to Redevelopment Agency on September 1 and stating the City budgeted the amount for one-half the salary of an individual who will work on rights -of -way and by transferring this amount, it will make it possible for this individual to receive his salary in one check rather than two was presented, Moved by Reid, seconded by Camacho, in favor of the C it Mana ex.'s recommendation. Carried by unanimous vote. The CITY MANAGER'S memorandum stating MR. ARNO MUELLER requested an appointment for 3:00 p.m. on August 29, to discuss purchase of land in the vicinity of Paradise Creek between 19th and 22nd Street was presented. Moved by Waters, seconded by Pinson, in favor of Mr. Mueller's request and the meetin be at 4:00 ,.m. (amended motion)* Mayor Morgan said the meeting would be held at 4:00 p.m. tomorrow (8/29) in the conference room; this is the third time Council has called a meeting with Mr. Mueller and he hopes Mr. Muel- ler will be able to come this time. Carried by unanimous vote. A letter from MR. AND MRS, JAMES L. WESTPHALL, 3825 Stockman St., expressing an interest in purchasing City -owned property located directly behind their home was presented. Moved by Camacho, seconded by Reid, Council discuss Item 8 under New Business at tomorrows meeting at 4:00 p.m* Carried by unanimous vote. The MINUTES of the regular meeting of STREET TREE AND PARKWAY COMMITTEE on August 26 and the CITY MANAGER'S recommendation of approval and suggestion on the problem of accomplishing the street tree work be referred back to the Committee (Committee could start on a block -by -block basis or whatever method they deem necessary) were presented. Moved by Waters, seconded by Pinson, in favor of the City Manager's recommendation.. Carried by unanimous vote. A communication from the NATIONAL CITY CHAMBER OF COMMERCE recom- mending Council go to bid for bus transportation for 1974•u 75 fiscal 8/28/73 142 year was presented. Moved by Camacho, seconded by Reid, this^be filed. There was discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Pinson, Waters. Mayor Morgan asked the City Manager to study and bring back a report and recommendation on bus service into Sweetwater Heights, from Harbison over to end of 8th Street and back down Plaza Blvd. Moved by Morgan, seconded by Camacho, we authorize the Manager to da this. Carried by unanimous vote, A memorandum from the CITY CLERK regarding claim against the City of National City by MR. BRUCE HALAPIN was presented. Moved by Camacho, seconded by Morgan, this claim be denied and referred to the City Attorney. There was discussion. Carried by the following vote, to. wit : Ayes: Camacho, Pinson, Morgan, Waters. Nays: None* Abstaining: Reid. HEAR INGS The HEARING on the APPEAL OF DENIAL OF PROPOSED ZONE CHANGE (ZC-9.73) to Rezone from R. 1 (Single Family Residence) to R-4 (Multiple Family Residence) the Property at the Northwesterly Corner of 16th Street and "L" Avenue (1129 East 16th Street and 1532-34 "L" Avenue) was held at this time. The Planning Department transmittal stating the Planning Commission recommended the zone change be denied and the appeal of Herbert R, James, 425 Montclair Street, Chula Vista, were presented. City Clerk Campbell stated Certificate of Publication and City Clerk's Affidavit of Mailing Notice of Hearing are on file. Planning Director Gerschler said the Planning Commission (by unani- mous vote with all members present) recommended denial of the zone change for the reasons set forth in the Staff report. JARVIS CLIF- TON, 1037 E. 15th Street, was present and spoke against the zone change* NEIL TRACE, 1425 "K", was present and protested the zone change on behalf of his mother-in-law (who lives at 1506 "L") and himself; they would like to see it remain zoned R--1. JIM HAWKINS, 1430 "L" Avenue, was present and said he opposed the change. LOIS BENNINGER, 1036 E, 15th St., was present and said she opposed the change in zoning, DONNELL MCLEAN, 1444 "L" Avenue, was present and said he is opposed to this change. ROSE TOOMEY, 1505 "L", was present and said she opposes this very strongly. E. B. MURPHY, 1425 "K" Avenue, was present and spoke against the change in zoning of this property. Moved by Morgan, seconded by Reid, hearing be closed and we approve Planning Commission recommendation. There was discussion. No one else was present to speak in this regard. Carried by unanimous vote. The HEARING on NOTICE OF INTENT TO REVOKE LICENSE: JOSEPH LAWRENCE BONAMO, JACK POWELL, Co -,owners, DBA BALLINJACK CHOPPERS, 138 West 35th Street, Suite W, National City, was held at this time. City Attorney McLean said we have received a variety of complaints concerning noise coming from the premises at 138 West 35th Street in National City; we sent a notice of hearing before the City Council to consider the revocation of the business license on those premises on either the grounds that the business here is a public nuisance or that business results in a breach of the peace or other jeopardy of the public health, peace or safety to the owners.. The City Attorney said there are present a group of adjacent residents who are the source of the complaints concerning noise at this place of business and there are also present several National City police officers who have been involved in handling the complaints and dealing with the owners of the property. The City Attorney reported receipt of a letter from J. Kenneth Jensen (attorney), stating that he represented the owners of the business and he was not able to be present tonight; he requested in his letter that this hearing be continued; he (the City Attorney) communicated with Mr, Jensen's office in his absence and said that the letter from him did not automatically result in a continuance of this hearing; it would be up to City Council to 8/28/73 143 determine whether they would honor the request for the continuance or whether they would proceed with the hearing as scheduled. City Attorney McLean suggested that the first consideration be whether Council intends to proceed with the hearing tonight or whether Council intends to carry it over.. There was general agreement among the members of the City Council to hold the hearing as so many people were present in this regard and the people should not have to suffer the noise any longer. JANICE SHEPHERD, secretary to Attorney J. Kenneth Jensen, 7917 Ivanhoe, La Jolla, was present on behalf of Mr, Jensen who represents the owners of Ballinjack; they received a letter on the 18th stating the date of this meeting and that they were entitled to appear; Mr, Jensen sent a letter on the 20th of August to the City notifying them that he would be out of town (thinking this was the proper notification) and on Friday he made several phone calls to the City Attorney and the phone calls were not returned until Monday; at that time Mr. Jensen had already left, Mayor Morgan said Council would go ahead with the hearing. The City Attorney asked Miss Shepherd if Mr. Bonamo, Jack Powell, or Mr, Hankins were present? Miss Shepherd said they were not; Mr. Jensen is representing them; she did not know where the owners were; they brought the notice of the hearing into Mr. Jensen. The City Attorney called as the first witnesses, National City Police Officers. OFFICER JOSEPH L. RAPOZA, presently assigned to the Detective Divi- sion, was present and testified that he was instructed to look into complaints concerning noise at the business known as "Ballinjack Choppers" at 138 West 35th Street, National City; since receiving the first formal complaint on 5/24/73, he checked their files and also contacted a Mr. David Hankins on June 1; this was regarding a vehicle that was causing disturbance at the Ballinjack Chopper Shop. Officer Rapoza testified Mr. Hankins informed him that he was a co- owner of the business in question; the vehicle causing (the dis- turbance) was owned by one of his partners, a Mr, Bonamo; Mr. Hankins stated to him on the phone that Mr. Bonamo was the sole owner of the vehicle and it had nothing to do with the shop and Mr. Bonamo was the only one who ever worked on or drove the vehicle; the vehicle was used for off -road racing in Baja California. Mr. Rapoza continued upon receiving the second formal complaint from a Mr,► Ross on 8/6/73, he checked the Police files and found that 8 complaints had been received since the first of the year pertaining to the Ballinjack Motorcycle Shop; these complaints being the noise caused by the race car; on the date (8/6/73) he contacted Mr. Ross, one of the complainants, Mr. Ross provided him with a tape recording that he made on the 4th, Saturday; the recording, reportedly, was made in the front room of his trailer with all the doors and windows closed; his trailer is some three blocks away from the Ballinjack business; he had the recording with him, Officer Rapoza marked on a map (Exhibit #2) the place where Mr. Ross lives (the trailer park located at No. 4 Broadway, Chula Vista, south of the industrial area) and the location of the Ballinjack Chopper (three blocks north, approximately, of the trailer park located in the 100 block of West 35th St.). Officer Rapoza gave copies of complaint forms from the Police records to the City Clerk who marked them "Exhibit #1." Officer Rapoza played the tape recorded in Mr. Ross' trailer homes and testified Mr, Ross' trailer is not located on the edge but toward the center of the trailer park. OFFICER KENNETH BRADT, was present and testified he had an occasion to go to 138 West 35th Street, Suite W, in National City, concerning complaints of noise; on May 23 at approximately 4:35 in the after- noon,, he was sent down there on a call complaining about excessive noise from cars; at the time he arrived at the rear of Ballinjack, a car was backed into the open shop door, part way in; it was a Baja -type bug that would be used off -road; at that time, there were two male subjects working on the car; he asked them if they had been operating the vehicle and they said "yes" and wanted to know why; he told them the Police were receiving complaints from the people on top of the hill to the south of them; it was disturbing 8/28/73 144 these people up there; they cannot watch their televisions, could not relax because of aggravating noise. Officer Bradt continued one subject (he did not tell his name) stated he was the owner there; he was licensed by the City of National City to operate that business and he did not give a damn what those people up on the hill thought; the City said he could operate the business and he could make as much noise as he pleased. Officer Bradt described this subject as having long hair, beard and maybe a little bit on the chunky side (subject was later identified as Mr. Bonamo by one of the other officers in the Department). Officer Bradt testified he explained to this subject that even though he was in a commercial area, he was still disturbing these people's peace; the subject said he did not care; Kile Morgan and the City Manager had been down there; he had talked to them about this and they told him they did not care about these people up on top of the hill, that he could make all the noise he wanted to make. Officer Bradt testified that he told the subject he doubted that the Mayor and City Manager said this; he tried to explain to this subject that even though this area is zoned commercial, it was not zoned for that type of noise; he felt sure Council would not have issued a license had they known this kind of noise was going to be emitted from this place; he explained, in detail, to the subject why and the subject became belligerent and started to threaten Officer Bradt..."go ahead, lock me up and I will sue you for false arrest." Officer Bradt testified he tried to explain to the subject that he did not came dawn there to make an arrest but to ask for his cooperation; he kept dwelling on the point that he would sue anyone who tried to come down and arrest him; he informed the subject that he was going back and make his report to the Officer in Charge and if this officer told Officer Bradt to come back and arrest him, he would do that; if he wanted to go the hard way, that is fine; or if he wanted to go the easy way, that is fine too; when Officer Bradt went back to the station and gave the information to his Staff Officer who said a record would be kept and let it go for now and see if the man will cooperate; about a half hour after that, the Police received another complaint and another car was dispatched to it because Officer Bradt was on another call. OFFICER GERALD C. DE LUCIA, was present and testified that he was assigned to investigate a complaint concerning noise coming from the premises at 135 West 35th Street, Ballinjack Motorcycle Shop; the call that he received was the day following Officer Bradt's encounter with the owner of the car; his call was, the vehicle was making excessive noise and was being run on the roadway and the parking lot behind the business; upon his arrival, the vehicle was parked in approximately the same location that Officer Bradt described; it is a Volkswagon but he does not believe it has a Volkswagon engine in it the way it sounds; it is some sort of hopped -up engine; he tried to make contact with the gentleman who was working the car and asked him if he had been running the car and driving it on the roadway; he refused to answer,,. Officer De Lucia testified he continued to talk to him for several minutes and received no response; he kept on working as though he did not hear, however, Officer De Lucia is sure he heard; he was advised there could be problems disturbing the peace from the neighbors on the hill and that running the car on the roadway was highly illegal;; it is not road equipped. Officer De Lucia testified that this subject was male, does not recall his height, bearded, long hair and slightly more than medium build. Officer De Lucia testified that he got in his car and traveled two blocks away and concealed his car; Officer Pinner, who was working that beat, came by and saw Officer De Lucia and joined him; they were talking when the subject started his vehicle again; at that time Officers De Lucia and Pinner were about two blocks away and during their conversation they could not hear one another speak over the noise created by the vehicle; they were to the north away from the wind; they were not downwind and their conversation was inter- rupted; he did not get out on the street again that night. OFFICER CHARLES LEMM( , was present and testified that he was 8/28/73 145 instructed to see a William Jupp, Triad Corporation, 118 West 35th St., concerning noise coming from the premises of Ballinjack on January 11, 1973; he contacted Mr. Jupp and spent considerable time that afternoon in that area talking with the neighbors of Ballinjack Choppers and also to the people in Ballinjack themselves; Mr. Jupp and Officer Lemmon talked for some 20 minutes; Mr. Jupp reported that on numerous occasions the individual who owns the off -road vehicle, Mr. Bonamo, had been operating the vehicle up and down the parking lot directly behind the businesses; Mr.. Jupp did not object to the driving of cars in the parking lot, but the manner in which the car was driven and the noise created while driving it; Mr. Jupp told Officer Lemmon that on two occasions his forklift operator reported to him that he very nearly took out something in the neigh- borhood of $40,000 to $70,000 worth of electronics gear; as the forklift was offloading gear from the trucks and bringing it into the business and when he bactthe forklift out this guy comes down through the parking lot and he, the forklift operator, has to jam on the brakes to avoid a collision; this stuff is very delicate and any jarring, or should it be dropped, that would be the end of it; there would be $40,000 or $70,000 in electronics gear lost and no insurance to take care of it. Officer Lemmon testified he talked with the forklift operator for a few minutes and he corroborated Mr. Jupp's report. Officer Lemmon testified that there was a female employee at the business who reported to Mr. Jupp that as she got out of her car at noon that day and started across the parking lot to come to work; the car came within about one and half feet of her at about 60 mph. Officer Lemmon said that to him this was a complete disregard for anything having to do with human lives, property. Officer Lemmon testified that he then contacted Mr. Bonamo; at that time his machine was not in operation; it was slightly torn down and he was doing some kind of repair work; he also had contact with the other owner of the property; he did not recognize him (the other owner) and he did not tell Officer Lemmon who he was but he has since learned who he is; his name is Jack Powell; most of his con- versation was with Mr. Bonamo because he had the biggest problem; he talked with him for about an hour; he was interrupted during that time by Mr. Morgan (Mayor Morgan) who came down evidently as a result of complaints he had received; he apprised Mr. Morgan of the situation; everything he suggested to Mr. Bonamo was unacceptable; the man was totally uncooperative. Officer Lemmon continued the other man, Jack Powell, came out and spoke to him and he too was uncooperative; he said the zone is C.zone; they are licensed to do this kind of thing in the City of National City; nobody can tell them they cannot. Officer Lemmon testified that he told Messrs. Powell and Bonamo that if they ran the car on the parking lot and he observed them driving in a reckless manner that he would do some- thing; he also apprised them of the noise ordinance in the City, stating that any unusual noises, it does not matter where it is, whether it is on a business street or residential street or on business property or residential property, is subject to citation under 5522.1 of the Municipal Code; this did not affect them; he told them that the violation could cost them as much as $40 and he said, "Write your ticket, if I have to pay the $40, I will pay the $40; I am going to run this car;" this is how uncooperative they were. Officer Lemmon testified that he did run the car (Officer Lemmon was about a block and a half away waiting for him) ; he came out of the building...out into the open field at probably a speed of 50, 60 or 70 mph; the noise was unbelievable; the engine in the car is a 125-hp Evinrude outboard motor which has been modified and put in this car.....it has no muffler, it goes into a straightbellows system which increases the noise; from a block and a half away he could not have conducted a conversation; he could not hear his radio; ...he moved into a position where he could catch him and talk to him when he came back to the business and when he did come in off the field, he was coming in a such a clip that Officer Lemmon could not get in his way; he went into the business and slammed the door. 8/28/73 146 Officer Lemmon stated he could not see who was behind athe whend elwof the vehicle; he hit the door as soon as riictitwdetedr�om�e which one had e three fellows standing inside; he been driving the car; one of the fellows was e Mr.werBona two other;they wore n hat the biggest smiles you have ever seen; there he associated with the business; they were inside the Ballinjack, 138 West 35th Street, Suite W. The CITY ATTORNEY called the following witnesses, all residents of Al's Trailer Haven, 4 Broadway, Chula Vista,. BOB ROSS testified the activities at the Ballinjack Choppers at 138 West 35th Street have disturbed his peace and quiet; Council heard the tape recorded in his trailer atthe time; this inhumane torture put him in the hospital on June 3 with a rupturedulcer which hddid not know he had; this has been building up ever since the timethey opened that business and started building those cars; there have been motorcycles racing around there, stopping with their feet on the ground, holding the cycle up and gunning the thing this has been going on ever since the place opened almost a year; a.m. 2:00 this occurs at 6 a.m.,, noon, 4 p.m., 2:00 a.m., 3:00 a.m.; he cannot sleep; it is impossible to live in peace with that going on; you s so cannot hear television or radio; when it does happenit week, bad dicee times is shaking all over; it is usually two or three they have received the notice, they have been noticably quieter. HUGH MACDONALD, testified that his wifeand he have stood on the hill and watched and listened to the noise made at Ballinjack Choppers, 138 West 35th Street in National City, going on for hours sometimes; this has been going on from around the first of the year; they can get no sleep because of the noise coming from the Chopper shop; these vehicles they repair or are fixing are causing the noise; they cannot turn on the television and listen and enjoy ithits aga and he all; he cannot get any sleep; he had an operation a few must take pills to get to sleep but the noise still wakes him even after having taken a sedative; his health is very bad. MRS. MELBA MCKAY testified that her husband and she own and operate the triler park; the noise from the Chopper Shop 138 West 35th snd3,, Street in National City bothers them, particularly Y on Sunday afternoons when they have no peace at all; veryofteoutn itto see occurs at night; she has on occasions gotten up gone where the noise was coming from; it was caning from the Ballinjack Chopper Shop, 138 West 35th Street; the lights were on; the doors were open; the noise was coming from a car inside theshop;the dx dis- turbances doorwas up; they were working on it or playing with it; these turbances were most noticable to her at night 2:00, 4:00 and it goes on for hours; it is impossible to have any rest; she is unable to do her bookkeeping when this is going on; this has been going on since about Christmas last year about two or three times a week. MARGARET MACDONALD testified on numerous occasions at 2:00 and 4:00 o'clock in the morning, different times during the day this terrible noise has been going on for months and months; it is torturous, and comes from the Ballinjack Chopper at 138 West 35th Street; souped» up engines and more than one car; they (Mr. and Mrs. MacDonald) overlook the business; they look right onto the Ballinjack Chopper shop; they have even gone down and circled the building and these vehicles are circling just as that officer said; they are not stay- ing to their parking they are circling on the field; she saw people working on vehicles in the business; they have been kept up all night and have to go to work with no sleep at all; this has been going on since they opened the place. HAZEL CARTER testified the noise she noticed mostly coming from the business, Ballinjack Chopper, was at night; around 4:00 o'clock in the morning or just as soon as you get to sleep, this terrible noisq of a motor will wake you; she lives right on the end of the trailer park and she can look over the bank and see the lights and the cars in front; she can see the cars making thenoise; f h sor has been week going on for about 10 months with a frequency at least, 8/28/73 147 MARION ROBERTSON testified that she is opposite the Ballinjack Choppers and she gets the full benefit of all the noise they are making; she has watched them; she remembers a particular occasion when they were open all day on a Saturday and all evening until 5:00 a.m. on Sunday; she got out of bed to watch; she could see them with the lights on; she could see the cars and hear the noise; she cannot sleep with this noise going on; it has affected her sleep for a good many months, nearly a year. MYRTLE RADCLIFFE, testified that she lives on the cliff right across from the Ballinjack choppers, that noise goes right through you; you can't hear your television; it is bad; she is maybe two blocks fran this business; it wakes her at all hours; in the daytime she can see it and in the evening they have the lights on; they have different kinds of vehicles; it is not just one; they are from this same place, Ballinjack; they have only lived there since April; they were warned before they moved there that perhaps the noise could bother them; another neighbor warned them of this and said "...there is a lot of noise and maybe I would be unable to stand it;" she did not realize there would be that much noise; early in the spring it was practi- cally four or five times a week, especially Saturday and Sunday it was real bad; maybe it will slack down a little bit on the work or something but you never know when they are going to pick it up again. MONTY RADCLIFFE testified he lives opposite the Ballinjack where this noise is caning from, where this operation takes place; he has a bird's-eye view from where he lives, across to where this activity is taking place; the sad part of the whole thing is it is an indus- trial complex and everyone knows and expects a normal industrial operation; there is a little bit of an echo in that cavity; the trucks and the industrial noise, you don't even hear; the sad part of this setup is that at the end of the business day at 4:30 or 5:00, these characters will gather in the back of this particular shop and they all have high --powered motorcycles; he supposes they are making adjustments on their vehicles, playing with them, tinkering with them. CITY ATTORNEY MCLEAN said the question for Council is to decide whether or not the business license should be revoked because the business is a public nuisance and/or the business results in the breach of peace and/or the business is a jeopardy to public health, peace or safety; if Council does decide that those conditions exist, the staff should be instructed to take steps to close the business down. Moved by Waters, seconded by Reid, the public hearing on the notice of inters to revoke license be closed and we find this business to be apublic nuisance and affects the health and welfare of surrounding community and that it be handed over to the City, Attorney for the proper, procedures to revoke the business license and take steps to close the business down. Carried by unanimous vote. (A verbatim transcript of the above proceedings is on file in the office of the City Clerk,) REPORTS CITY MANAGER OSBURN reported receipt of a notice from the League of California Cities regarding the Annual Conference in San Francisco October 21.24; they requested designation of a voting member of the City, preferably the Mayor or Councilman, be there and an alternate member as a voter. Mayor Morgan said he would be there as the voting member. Moved by Waters, seconded by Reid, the Vice Mayor be the alternate. Carried by unanimous vote, CITY MANAGER OSBURN requested permission to hold a public auction of a number of unclaimed and repossessed items that the Police Department has in their custody„ on September 8, Moved by Waters, seconded by Camacho„ in favor of the Ci Mana er's re uest t at the auction be held by unanimous vote. 8/28/73 148 CITY MANAGER OSBURN reported receipt of a letter from MAAC Project, Mr. Valderama, requesting the use of a 7 / x 12 / flatbed trailer. Moved by Camacho, seconded by Reid, this request be granted.. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of authorization to advertise for bids from the Department of Transportation on our TOPICS project; this includes the traffic signals at 18th and "D;' the drainage pro- ject in that area„ the signal lights at 8th Street and Palm Avenue and 16th Street and Palm Avenue and requested permission to go to bid on these items. Moved by Camacho, seconded by treaters, in favor of the Ca't ,,Manac er's request. Carried by the following vote, to - wit: � Ayes: Camacho, Pinson„ Reid, Waters.. Nays: None. Abstaining: Morgan.,. CITY MANAGER OSBURN said he has a request from Mr. Shotwell, owner of the West Coast Radiator Company, 105 West 18th Street, for the lease of the City -owned parcel of land which is north of his store and next to the drainage ditch; the property is triangular, 751 on one side going down to nothing at the other end; it is 5, 625 0 1 ; Mr. Shotwell wants to fence it and use it for parking fox both - his store and Brown Motors; since the City made an agreement to lease this to Brown Motors sometime ago for $1 a year, if it is still the recommendation of the City Council, staff would prepare a lease and cover it with the proper insurance. There was discussion. Moved by Camacho, seconded by Waters, to lease this land for $50 monthly. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: None. Abstaining: Pinson. COUNCIL COMMUNICATIONS COUNCILMAN WATERS inquired about the "D" Avenue paving improvements; and said those people who are responsible should be instructed to move the utility poles out of the middle of the sidewalk; school will begin soon and it is dangerous for the kids; activities go on in these schools at night; the City is responsible for this. City Manager Osburn said he would check on this. Councilman Waters said the people who are holding up the landscaping of their parkways pending the widening of the street should be notified so they can go ahead with their landscaping. City Manager Osburn said the only place that is going to be widened is in the vicinity of 18th Street; he will check into this. Mayor Morgan said he abstained from voting earlier in the meeting because he owns the corner at 18th and "D" and they also put a utility pole in the middle of this sidewalk; they then asked him to deed them property back on his property so they would have room for people to get around the corner; he thinks that is what they intend to do; he gave the property to the City; they have more of the sidewalk area than you see today. Councilman Waters said on the side across from the Fire Department, the south side of l6th Street, there are two poles, side by side, in the middle of the sidewalk. City Manager Osburn said when the poles were put there the City and the Gas company intended to go ahead at that time; the Government cut off our portion of the TOPICS project. COUNCILMAN REID asked the City Manager if ever there is extra black- top available, would there be any chance of...there is lots of traffic on that "L", especially when you leave 24th and go to 30th; it is getting pretty bad through there; could that be checked to see if there is any chance of trying to.** MAYOR MORGAN said he would appoint the Senior Citizens Advisory Committee tonight: Mrs. Mary Preston, 2712 E. 8th St.; Mrs. Shirley La Rue, 1933 "0" Avenue; Mrs. Cornelia Thoe, 1605 "L" Avenue, Mrs. Eva Carlo, 127 W. 15th Street; Mrs, Rosa Enriquez, 1414 Harding. Moved by Waters, seconded by Camacho„ in favor of the Mayor's ecommendation. Carried by unanimous vote. 828/73 149 MAYOR MORGAN asked City Engineer Foster when we are going to bid on Division Street; he has asked several times over the past...City Engineer Foster said 6 weeks or 2 months; we do not have the right- of-way yet. Mayor Morgan said he thought it was condemned; the Attorney has filed a complaint on that to take this property. City Manager Osburn said he was notified and had not yet notified Mr. Foster. MAYOR MORGAN told Planning Director Gerschler that he has had several complaints on apartments; when they put in these apartments they don't put in sufficient lighting; he has received complaints of people ransacking automobiles parked in the streets; are there lighting requirements for apartment buildings? Planning Director Gerschler said under Ord. 1306 we do require outdoor lighting; before 1306 (it is a little over a year old now) there were no requirements for security lighting; the Planning Department has received the same complaints; you may want to consider an ordinance that would require the placing of security lighting on some of the older apartment houses; this could probably be done in a reasonable time period; he will prepare a report. MAYOR MORGAN informed the audience that he has been Mayor and Councilman for a long time and has never voted for a tax raise.. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:35 p.m. City 4 lerk City of Nation- City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 4, 1973.. r___1 No corrections Corrections as noted below ...► ter. Mayors ity of a Tonal City, California 8/28/73