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HomeMy WebLinkAbout1971 05-11 CC MIN92 M I N UTES OF THE REGULAR MEETING OF THE CITY COU NCI L OF THE CITY OF NATIONAL CITY, CALIFORNIA May 11, 1971 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, Hogue, Waters, Morgan. Absent: Reid. Administrative officials present: Deputy City Clerk Fasig, Foster, Gerschler, McLean, Osburn. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Mrs. Maurice Chambers, St. Mary's Catholic Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of May 4, 1971 be approved. Carried by unanimous vote. Absent: Reid. REPORT - COUNTY MEASURES The Honorable Fw, James Bear, 4th District County Supervisor, spoke in re- gard. to County measures on the June 8 ballot. Supervisor Bear said the Citizens' Committee on behalf of the bond issue has drafted a resolution and he hoped the Council would see fit to adopt it. Vice Mayor Waters in- quired if there was a big hurry on this. Supervisor dear said the election is June 8; Council could delay the decision but they were attempting to get community support and endorsements for publicizing who was for it; he hoped Council would not only pass a resolution but would sell it to the community. Moved by Hogue, seconded by Camacho, a resolution be prepared by the City Attorney. Carried by unanimous vote. Absent: Reid. Vice Mayor Waters asked why the County Board of Supervisors went on record as not allowing cities to decide whether or not a County facility would come in. Supervisor Bear said they thought it was a good idea to consult with the local city government, but what happens is everybody is for a facility, except not in their city; the new policy of the County is to get the City Council involved at an early stage in the decision so that if they were really against it they could stop it. Vice Mayor Waters inquired what position the City would be in if the County decided to construct a facility in an area for which the City had other plans. Supervisor Bear said according to State law, the County has the ability to put the County facility within the jurisdiction of a City even without the permission of the City Planning Commission or the City Council; the present policy is that when anything is being planned in the National City area, the City Attorney, Mayor, Council and Planning Commission will be advised of it at an early stage so they could appear at the time it comes up for official determination. COUNCIL COMMUNICATIONS COUNCILMAN CAMACHO inquired what progress had been made on the Pony League restroom facility. City Manager Osburn replied they should have the plans any day now; they were about finished in Engineering. COUNCILMAN HOGUE asked the City Manager to check two entrances to the City: (1) 4th Street coming west from San Diego; he didn't know how much of that was in National City but it was full of chuck holes which should be filled; (2) a portion of Euclid Avenue was rough; he didn't know whether it was in San Diego or National City. COUNCILMAN HOGUE said some time ago he asked about the reason for the num- bering at the bottom of agenda items and received an explanatory letter from the City Clerk which he would read. Councilman Hogue inquired if during his absence the Council voted to have agenda items numbered. City Manager Osburn replied about a year or eight months ago someone suggested they do 5/11/71 93 this so you can find an item without thumbing through the whole agenda. Moved by Hogue, the numbering at the bottom of the pages of the agenda be excluded as part of the job of the City Clerk. Motion died for lack of second. VICE MAYOR WATERS said the San Diego Transit Bus Co. received at least 100 free buses to run their facility and 3-4 million dollars to build a fine transportation center; with all of this assistance they still came back to National City and asked for $55,000.00 to breach the gap of losses and in order to drop it down to $18,000.00 they had to cut bus transportation routes; they haven't dropped a dime on rates for people to ride in the buses and aren't thinking of it even with National City's donation; a gentleman from the City of Montebello is going to attend the National City Chamber of Commerce Industrial Committee meeting at 7:30 am., Friday, May 28; they have a bus company in Montebello that is making money for the corporation; they should take the time to listen to this gentleman and send him to the San Diego Transit Co. to show them how to run a bus company. ssisss MAYOR MORGAN said it had been mentioned the Council had waived-V1* fee for use of the Community Building for people in Los Angeles and other areas; he checked the records and found no case where the fee had been waived when- ever an admission fee was charged. MAYOR MORGAN asked when they were going to get started on the budget where they could start hearing it; the County of San Diego was thinking about a tax raise; it was time people in authority tried to live within their bud- get; was there any way they could go to the Legislature and tell them they were going to have to stop tax raises. VICE MAYOR WATERS said he protested two or three weeks ago when several people asked for things in the park and Council okayed roughly about $1,000.. people on the west side requested a $15.00 waiver on the fee for use of the Community Building and were refused; at that time he said he thought they should waive it because they had waived quite a few fees, etc. for people outside the community; he got a report back that they didnt waive any on the Community Hall but in the past fiscal year they waived 43 which was an average of 4 a month for people like the City of Hope, all of these people from outside of Los Angeles who are fund raisers and so forth. Mayor Morgan said the Community Building must be cleaned up and maintained; it has been Council policy not to waive fees when an admission fee is charged; if you waive for one, you have to waive for all. The PROCLAMATION of "NATIONAL. PUBLIC WORKS WEEK" (May 9-15, 1971) was read. Moved by Camacho, seconded by Waters, the eroclamation be addELtd. Carried by unanimous vote. Absent: Reid. The PROCLAMATION of "WEEK OF THE YOUNG CHILD" (May 15-22) was read. Moved by Waters, seconded by Camacho, the proclamation be ..a.j2pted. Carried by unanimous vote, Absent: Reid, ORAL COMMUNICATIONS J. T. STOVALL, 420 Harbison Avenue, real estate broker representing the Masonic Lodge of National City, corner of 9th and National, was present and said they were concerned about the sale of this property which was being delayed by the Council of National City; the property was sold sometime ago contingent on a permit being issued for a theatre, restaurant, cabaret and billiards; a permit was issued and accepted as such; material investments were made by the prospective buyer and the Lodge on their new building across from the Civic Center; for some reason this was revoked by Resolu- tion No. 10,314 and Ordinance No. 1267 and this man was not notified until May 3, 1971 (several days after the permit was issued); he felt this man was unjustly denied the opportunity of having a business in National City; he would like to see something done about this because he didn't see that this was proper once the permit was issued. Mr. Stovall said on April 20 Councilman Waters stated he heard there would be a bottle club going in this location; he was with the man when he got the permits and there was 5/11/71 94 nothing said about a bottle club; the man has been treated badly; he made material investments and they revoked his permit after it had been issued. GEORGE G. WRIGHT, 435 Live Oak Drive, El Cajon, was present and said he rep- resented Wright Packing Co., Inc., located at 2510 Cleveland Avenue; they appeared before the Planning Commission last night and were appearing before the City Council to request a building permit for a change in ordinance, zoning or a Conditional Use Permit in order to build an addition or exten- sion to their present business; briefly, the reason they needed this build- ing permit was to build an addition to keep pace with modern changes and technology in the wholesale meat business; they must grow and expand to meet their committments to their customers; they guarantee the building will be well landscaped, compatible to the area and there will be absolutely no noise, or odors, no pollutions in the air and no emissions in the water. Councilman Camacho said there has been a tremendous change in packing pro- cedures within the packing industry; they have very strict Federal inspec- tions; Mr. Wright was being forced by the Federal Government to divorce the two operations within his limited area; he saw no reason to hold him up and recommended Council allow this type of building in that location. Planning Director Gerschler said the Code (which the City Attorney and he had advised the Planning Commission on last night) would have to be amended to allow this to happen; the Commission scheduled a public hearing for May 24, their next regular meeting. Mr. Wright said time was of the essence and they were caught unaware of any problem on obtaining a building permit; the Western Regional Director, U. S. Department of Agriculture, issued a mandate to them to make room in their facilities or discontinue their boning opera- tions; if they cannot bone and break this meat down into the type their customers want and that they can sell at a profit, they are out of business; if they can't meet Federal regulations soon, they will be out of business; he was of the understanding that the City Council could expedite the issuance of a permit in order to start construction on the facility. City Attorney McLean replied the Planning Commission has a hearing set for the next meet- ing (May 24) at which time they will consider an amendment to the ordinance to provide some means by which the packing operations could expand; the Council could instruct the Planning Director to bring the Planning Commission report to them the following night rather than going through the normal agenda cycle which will save a week; they could indicate to the applicants that the Council was in sympathy with their proposal so that they will have some idea they were not wasting their time and could proceed with the pre- liminary planning on the project. The City Attorney said he talked to rep- resentatives of this firm before and his understanding of what they would like tonight would be to instruct the staff to proceed on the agenda with this item as soon as possible; they would like to get an idea if the Council was in harmony with their thinking. Moved by Camacho, seconded by Waters, kiLt...2erSc_kl1era2Planning Commission of Council's decision and ciareortbacikItottILL9urcicklasossibleandive Mr.!. Wright an idea that the Council is in accord with his thinkin City Attor- ney McLean said the Planning Director could explain to Mr. Wright what he should do. Carried by unanimous vote. Absent: Reid. MRS. MARY HOLTHAUS, 1233 Palmer Way, was present and said an interested group of citizens indicated to her their desire that a citizens' committee be formed and authorized by the City Council which would undertake a compre- hensive program on narcotics ancrdangerous drugs; they should be appointed by and serve at the pleasure of the Mayor with the consent of the City Coun- cil; after formulation, a comprehensive report should be forthcoming to the City Council from time to time; members of this committee should inform themselves of the activities related to the use of narcotics and dangerous drugs, establishing effective control through education and prevention pro- grams, assist in the development of objectives for improvement and pursue the method and means for achieving this; at this time she was asking the City Council to form the committee. Moved by Waters, seconded by Camacho, Mrs. Hc-23_-_.g_riatis'equestbeapovedthattcjty Council sanction the narcotics 2/21P...211 serve the Cit of National Cit . Carried by unanimous vote. Absent: Reid. Mrs. Holthaus said they would meet next 5/11/71 95 Monday night in the Council Chambers. (Councilman Camacho left the Council Chambers at 8:20 p.m.) HEARINGS The HEARING ON THE INTENTION TO VACATE AND CLOSE A PORTION OP G AVENUE was held at this time. Deputy City Clerk Fasig said the Certificate of Publica- tion and Affidavit of Posting were on file and a protest petition signed by 9 persons was attached to the agenda. (Councilman Camacho returned to the Council Chambers at 8:21 p.m.) Planning Director Gerschler stated the Plann- ing Commission acted on this matter at their meeting last night (May 10); their action was unanimous in recommending to the City Council that the sub- ject vacation be granted and finding that the streets and alleys involved in the vacation are no longer present or contemplated streets of public need; the issue here involves three separate questions: the first is the proposed abandonment or vacation of the bulb at the northerly end of G Avenue; the second issue involves the vacation of 10' of excess right of way along the south side of 22nd Street between F Avenue and Highland Avenue; the third issue involves the vacation of one-half of an undeveloped and unused public alley between Highland Avenue and the existing alley 100' west of Highland Avenue. The Planning Commission's recommendation in favor of the abandon- ment suggests four conditions: the first to be bonds and agreements guaran- teeing the completion of the substitute alley shown on the plans before the Council; the second condition will be that the developer provide engineering drawings of the alley and of any drainage facilities required by the City Engineer; the third condition that the dedication of improved alleys as shown on the map be dedicated; and fourth, that a solid fence constructed of new materials to a minimum height of 6' be erected along the southerly pro- perty line of the five acre site. Michael J. Roark, 2120 Highland Ave., representing Mrs. Jeanette Thornberg specifically, and other objectors gen- erally, was present. Mr. Roark staled he wished to speak primarily about the closing of the cul de sac at the end of G Street at 23rd and G. Mr. Roark said he wished to discuss the effect of the closing of the cul de sac in this particular case: The Supreme Court of the State of California in the case of Beals vs. the City of Los Angeles has stated that when a street is closed or any portion of a street is closed the adjacent property owners on the street have a right to have compensation for any loss to their pro- perty; in fact, in the case of Bigalow vs. Banino the City Council passed an ordinance vacating an alley upon which this particular plaintiff's pro- perty abutted and made no provision for the ascertainment of payment of damages; it was held that defendant retain the easement of the right of way over all the land formerly within the alley for the necessary and convenient use of his property and that the vacation or closing was without effect un- til payment and compensation; in the Beals case the facts of that case were as in Mrs. Thornberg's case, an adjacent land owner on the street at a cor- ner, the alley was being closed up the street from her; it was exactly the case in this situation. Mr. Roark said the purpose of this hearing was to determine what was the public's interest in closing this eul de sac; the pub- lic's interest in closing this cul de sac was the Council's decision; only if there were some fraud or (the City Manager left the Council Chambers at 8:25 p.m.) collusion between the city and the land owner could that be set aside and he felt none of the Council would consent to this kind of arrange- ment; it was common sense when you are talking about a dead end street, as G Street was in this particular location, that you should have a place for vehicles to turn around without having to go onto pedestrian right of way and endangering the public around them; this was the reason cul de sacs were designed at all times in all plans where you have a dead end street of this kind; this was the main safety factor you have to consider; by this particu- lar plan, it was this cul de sac that was being cut out entirely and there was a fence being put up making a dead end street without a place to turn around and only by crossing the sidewalk, using private driveways, could anybody get in to turn around; it makes a dangerous and hazardous condition for anybody using the sidewalk in that area; it might be said by closing the street, it would give more privacy to parties along the street; they have all objected to the vacating of the street; it was true that leaving this cul de sac there would provide access to this very alley way that was to be dedicated between F Street and 24th Street and that a larger and new alley was to be put from 23rd Street out there; it was to be a dedicated alley 5/11/71 96 rather than a street (the City Manager returned to the Council Chambers at 8:27 p.m.) and really an access to serve these apartments; by Closing the cul de sac, the only clear advantage or benefit that he could see in looking at the plans was to get additional building space to the private owner for the purpose of adding additional housing on the land; existing structures were now being built without being in the cul de sac; to close the cul de sac with this benefit in mind would come dangerously close to being an abusive destruction and a collusion in fact with the land owner; this was what they were here to prevent; he requested the Council to be aware of these factors and be of sound mind and judgment and find for the public in this case and leave the cul de sac untouched and allow for the public safety and the turn -around for the people using that street. (The City Attorney left the Council Chambers at 8:30 p.m.) Lloyd Marlow, 2320 G Avenue, was present and stated he was one of the homeowners within this particular block and stated just about a year ago they had this street, sidewalk and curbs, the street improvement just finished; this cul de sac they were talk- ing about was something that just really only came to his attention after he noticed signs posted on the poles; he hadn't seen any explanation, maps or anything except just what he had by hearsay and what he read on the poles; he hadn't had time to come down and look into this; from the information they do have, from others who have looked into this, and from the impression they had this fence would go in there, eliminating the cul de sac which was a turn -around for the public that comes in off of 24th Street; they ignore the dead end street signs; yet, it was the only place to turn around; if denied this they will use their driveways and their parking areas for a turn -around and this was going to create traffic problems; (the City Attorney returned to the Council Chambers at 8:31 p.m.) since they have paid for this improvement, they have been more or less satisfied with the way it was and to have this taken away from them, they felt would be an injustice. Mayor Morgan said he wanted to explain, the property owners, Mr. Marlow and the others down the street didn't pay anything for the cul de sac; the property owners on the five acres, paid the entire cost of it. Mr. Marlow stated he understood that but they did have the work done at that particular time; that was something that was done and was relieving the traffic situation on G Avenue. Mayor Morgan stated he would like to explain, too, that it was proposed that there be a 22' alley improved with 6" of concrete from the banjo to F' Street; then it will be the same size, except from this alley to 22nd Street will be 201; that will be improved so you could go either way; you could go up 22nd Street to F and inquired if Mr. Marlow understood that. Mr. Marlow stated he did not understand. Councilman Camacho pointed out to Mr. Marlow on a map if cars cLme in a certain way, you eliminate the cul de sac and you can turn and go out F Avenue or you can turn and go up to 22nd. Mr. Marlow asked where the fence would be. Councilman Camacho indicated where he thought it would be. Mayor Morgan asked Councilman Camacho to put the map on the board. Mr. Marlow stated the neighbors have not agreed to it and the only thing he was aware of was when he happened to see the sign on the pole and was made aware of the situation; he decided to get some in- formation. Mayor Morgan stated that was one of the stipulations of the Ordinance of the City of National City they would have to live up to; alleys in National City are to be of 6" of concrete for the water to drain and to be permanent; in other words, a 6" alley would be permanent. Mr. Marlow stated he had no argument with that; what they were concerned about was their being denied the use of this turn -around; the public was going to be coming in there and where were they going to go. Mayor Morgan stated any- one in the audience who would like could come forward and look at the map on the board. Whereupon, the Mayor, Councilman Camacho, the Planning Director and various members of the audience went to the board where the map of the proposed closing was posted and had a discussion off the record. The City Attorney said let the record reflect that the Mayor and Councilman Camacho had an informal discussion at the blackboard with various citizens and these remarks did not go on record and that no one's conversation that just occurred in reference to the map was made part of the record of 5/11/71 97 these procedures. Mayor Morgan said the only ones that will be made a part of the record are those made at the mike. Michael J. Roark asked if the alley shown between 23rd and 24th and 100' back from Highland was to be closed. Mayor Morgan said the alley between Highland and G will be open; you can go down the alley to 24th Street; it will be open from 24th to 22nd. Mr. Roark stated if he could have a short caucus with the objectors this matter could be resolved. The City Attorney stated the hearing could be re- cessed. The Mayor requested Mr. Roark and his clients to step outside the Council Chambers for their conference so the meeting could continue. Moved by Hogue, seconded by Camacho, this hearing be recessed pertaining to the closing of aportion of G Avenue. Carried by unanimous vote. Absent: Reid The HEARING ON THE INTENTION TO VACATE ANC CLOSE A PORTION OF 16TH STREET BETWEEN CLEVELAND AND McKINLEY AVENUES was held at this time. Deputy City Clerk Fasig said the Certificate of Publication and Affidavit of Posting were on file and a letter of protest from Scrap Disposal, Inc. was attached to the agenda. Planning Director Gerschler stated this matter was originally presented to the City Council on December 1, 1970 on behalf of Joseph N. Fox, Industrial Sales Co., 1604 McKinley Avenue; the City Council, pursuant to State law referred the matter to the Planning Commission for investigation and report; the Planning Commission acted on the case on January 25, 1971; the Planning Commission recommended vacation of the street after finding it had no present or comtemplated future need; the vacation was based on compli- ance with 4 basic conditions, each containing several parts set forth in the Planning Commission action on January 25, 1971; the matter was then present- ed to the City Council and the City Council ordered the vacation of the street pursuant to the Planning Commission recommendation. Vice Mayor Waters inquired what the four conditions were that were put against the closing of the street. Planning Director Gerschler said the 4 conditions had several parts; the first required the reservation of public utility easements; the paving of the area of the vacation and posting of bonds and agreement to guarantee the completion of the necessary changes in public improvements; the second condition required the removal of curb and sidewalk returns at McKinley Ave. and the construction of new curbs and sidewalks across 16th Street; the third condition required the beneficiaries to improve the alley south of 16th Street by 1911 Act proceedings; the fourth condition required certain on -site improvements, including fencing, landscaping the parkway area and setback areas along McKinley Avenue, etc. '+Dice Mayor Waters said that was enough and inquired if the complete area was to be fenced. Mr. Gerschler replied it would. Mayor Morgan inquired if there would be any materials higher than the fence. City Attorney McLean said under the ordinance that was not allowed. James Milch, Attorney with the law firm of Milch, Wolf- sheimer & Wagner, 1007 5th Avenue, San Diego, representing Marine Boiler Repair Co. of 740 W, 16th Street, was present and distributed copies of a diagram of the proposed street closing to members of the Council- Mr. Milch stated the reason they were present was because somewhere along the way some- one forgot to post or notify anyone that the street was being closed; his client became aware of it when they saw the street they have been using being ripped up and barricaded; that was the reason they never protested and were speaking in opposition to the vacation; his client's property was located on the SE corner of 16th and Cleveland; he understood the Council received correspondence from Scrap Disposal Co. advising the Council of cer- tain difficulties they saw developing with the closing of 16th Street. Mr. Milch stated he spoke with Mr. Gerschler of the Planning Department relative to their client's problem with this closing; Mr. Gerschler indicated that at the time the recommendations were made by the Planning Commission for the closing of this street, they were not aware of any opposition to the closing nor were they made aware of any of the difficulties or hazardous conditions created by the closing of the street; Mr. Gerschler also indicated that if the Council so requested, he would advise that a supplemental report be made by the Planning Commission delving into the problems raised by his clients; he requested the Council consider continuing this matter and ask for a supplemental report from the Planning Commission; such a report would support his client's contention that this street was required for the public con- venience and necessity and that the good of the general public and the in- terest of safety would require the continued operation of 16th Street. Mr. 5/11/71 98 Milch stated the classic cases dealing with the municipal city's power to vacate a street dwell on the point that a street may not be vacated for the sole benefit of a private individual but it may be vacated, perhaps uninten- tionally, benefitting a private individual; then in the best interest of safety, convenience or the good of the general public it is required; in short, the cases talk about streets being vacated when they are no longer needed; they had a residential situation right before this hearing and some- times in residential areas you have paper streets that ultimately, people see they are never used; it was more unusual to vacate a street in a growing industrial area and this was the problem we have here; in reference to the portion of 16th Street being considered tonight for vacation, it would be in the interest of safety, convenience and growth of the general public that 16th Street remain open; on the map he handed to the Council in addition to his client's property, which is outlined in red, he has indicated in green at the NE corner of this property, two lines which represent the main gate to their boiler repair yard; this was the boiler repair yard where they have from 40 to 75 employees; it was through this gate only, that the large trucks that serve their property and their business could enter; because of the location of this gate and the size of the trucks that often use the pro- perty, it was impossible for the trucks to enter the gate without first pulling forward into the portion of 16th Street that was sought to be closed and then backing into his client's property; with the closing of loth Street, these trucks would not have the convenient turn -around they now have in loth; they would be forced to perform certain mechanical gymnastics on Cleveland Avenue and then back into the gate onto 16th Street; this would tie up several lanes on Cleveland Avenue which was a very heavily traveled industrial street and would create a definite safety hazard for the general public, for the drivers of these trucks and for everyone concerned; their clients feel they would be in a real economic and physical bind with the closing of loth Street, insofar as their property needs to be served by these large trucks and have previously worked very well with the existing 16th Street configuration; the applicant has a much easier way of life; his property was on the other three corners and his property was served by Mc- Kinley; if they wanted to they could come down the alley which was right adjacent to the gates of his client and zoom right into their property; Scrap Disposal Co. trucks generally travel down McKinley, turn in on 16th Street and then make a clean shot at their gates which are located just opposite 16th Street; he marked that in green on the map and was the longer area; it was obvious that this street was needed; it would be a disservice to the public and to this business if the street was closed. David R. Thompson, Attorney representing Chuck Davis and Joe Fox of Industrial Sales, was present and displayed a map and plans; he stated he had reviewed a letter written to the Planning Commission dated January 19, 1971; note that the Chief of Police, Walter Cagle, stated that the closing of 16th Street in this area would allow for industrial expansion and at the same time provide a natural traffic flow which would eliminate hazardous conditions which were present at every intersection; perhaps Mr. Cagle might have had in mind trucks shooting across 16th Street into Scrap Disposal where dangerous in- tersections now exist; when this was first before the Council they voted unanimously in favor of the street closure; there was a petition presented to the Council by Joe Fox, which indicated that their views in the matter were such that they felt the street was not being particularly used and was not needed; they happened to own property on both sides of 16th Street; the proposed closure would run from McKinley up the 115' to the alley and Davis & Fox own the property on both sides of that closed area. Mr. Thompson dis- played a diagram and said the area in red showed the closure that was pro- posed; the green area indicated everything owned by Davis and Fox; there was a total of 200,000 square feet in these two blocks and of that amount, 58,000 feet was owned by Davis and Fox; they own 53% of the street frontage along McKinley; what they wanted to do by closing the street was to improve their facilities on both sides of McKinley, unify their operation and build the fence along the entire exposure on McKinley which would enclose their material sales yard; this was strictly a sales yard and everything would be behind a 10' fence; there would be landscaping along the whole area; closure of those streets was in line with the city's master plan; there has been a 99 closure of 17th Street all ready and there has been some landscaping there, although this will be more extensive. Mt. Thompson stated approximately 80% of the sales made by Industrial Sales Co. bring tax money to National City; the sales run $100,000. a year at this time and they feel that by developing the property in this manner, they will double and perhaps triple sales volume; in regard to what Mr. Milch said about trucks, he had some photo- graphs of trucks that Mr. Milch's client had and they have made use of the property by reason of the fact that they now park where the closure would be. (Mx. Thompson left the mike to point out the areas on the map on the board.) Mr. Thompson said the area which would be closed right here provides some- what of a parking area; there was a 20' alley here; these are actually two 20' widths, so this is 80' across as they could see from the diagram; from where the ending of the closed street would be up to the gate, they measured it and it was 501 so they have an area that was 80' wide and 50' long before they ever got to the gate in which to turn around trucks; the property goes all the way up to Cleveland and they point out that Industrial Sales has its gates on McKinley; there was nothing so far as he knew to stop them from having their gates on Cleveland if they wanted; Mr. Young correctly states that the Council should not consider a private citizen as a reason for a street closing, but Council should not consider the convenience solely of the boiler people and override entirely the Master Plan of the City. Mayor Morgan said they should have all the people opposing this first because we have two attorneys and if we get these fellows in a debate, it could take a lot of time; we will stick to the opposing side of this and get to the other later. Stephan Young, 4658 Lotus St., Ocean Beach, one of the owners of Marine Boiler Repair Co., was present and stated it was through Mr. Kile Morgan that he was in business; he interceded for him a long time agc; he was familiar with their property and with the amount of progress they had made. Mr. Young stated during the period they have been in business, their annual output was over half a million dollars; they hire between 55 and 70 people; they have done all types of work and consequently, have a building that goes from Cleveland Street 65' onto 16th Street and it goes from 16th Street 100' on the Cleveland side, running the full length there; because of expansion they bought the property from the building to the alley; they covered this whole area with concrete and this was where they bend all their boiler tubes and was where all their heavy material comes in; they construct- ed a large gantry there to facilitate the unloading and loading of all this material; when the traffic comes in there right now they have a wonderful situation; while people come down Cleveland, whip into 16th Street they are confronted by the barrier which would then become a beautiful fence and they were going to make a hurried U-turn to get out of there; with this being half a block, half a street closed, it was causing considerable problems with private people as well as with them. Mr. Young said a truck was in to- day and ran up around the back way to the side; they shifted the barrier for him and he moved up to this area and then he drove his truck down; he was notgoing to tell a guy how to drive his truck but this man obviously knew what he was doing; he put it in; if he was going to back into this area, he has to come up Cleveland and he is on the right hand side of Cleveland Street, the opposite side to them; when he comes up the street, he starts his backing maneuver from there and he has to back all the way around and shove it into the hole to qet to their gantry; if they had known about this beforehand, they would have gotten in there to protest at the proper time. Mayor Morgan asked how long the trucks were that come into their pro- perty. Mr. Young stated the tractor trailer runs about 60'. Mayor Morgan asked that the record show that Mr. Young mentioned that the reason he was in business was that the Mayor had helped; he did write a letter to the government on his behalf and that was the only interest he had; he hadn't talked to Mr. Young in a long time; he was having problems and after he wrote the letter, he got his money. Vice Mayor Waters inquired if it would benefit Mr. Young if they would close the complete street. Mr. Young stated no, because then they would only have access to half of 16th Street; the other half would belong to the other party. Mr. Milch stated that Mr. Thompson advised he felt that Mr. Young could come in off of Cleveland Ave.; he hoped the Council udnerstood when Mr. Young said he has a building there; it is 5/11/71 100 not an entry; it would require ripping down the building that he has; there is no access to his yard where these trucks go off of Cleveland. Charles Davis, one of the owners of Industrial Sales, was present and stated he would like to speak on a couple of the points Mr. Milch and Mr. Young made; he felt they were .over -fearful of not being able to get into that area; he had observed the last couple of years the traffic on that street and it was almost nonexistent; their own trucks were all bobtails which they park in the street and they have no difficulty at all getting into the yard; (he exhibited a picture of some of the trucks); he believed that the semi -trucks they were talking about were coming only occasionally; they only observed one or two a year coming in there; he would like to point out that it was just as easy to back a semi 60' trailer into Cleveland as it would be to drive into 16th Street from the west and then back in from that direction; he was a fleet owner himself and for many years owned many large trucks and tractor trailers and was very well acquainted with the trucking business and the handling of large trucks; he would like to point out on the board there would be no problem getting these truckers to put a semi in; he could do it himself in 5 minutes and he wasn't a trucker; he didn't see any trouble at all, Councilman Camacho asked if the street was partially barricaded now. Mr. Davis said it was; they went ahead and wrote a contract for the tearing out of the street after they had the deed recorded. Mr. Davis stated their own trucks have come in and out and parked in the street and had no problem at all; he hadn't observed any large semis going in there and none of his employees had; he didn't think any trucker in the country would have any fear of getting in there. David Thompson stated it would appear that there was an opportunity here to go forward with the Master Plan of the City; the property owners were ready, willing and able to meet all conditions to do the improvement to beautify the property, to put up the fence or the status quo can be maintained. James Milch said these barricades that have been in existance about three weeks after the improper closing action were portable barriers; as Mr. Young indicated, just today they had to remove these barriers; then the truck maneuvered in; the Council could see that Cleveland was the major street and when you have these double -rigged trailers playing all the games that Mr. Thompson and Mr. Davis want them to do out on Cleve- land, with the railroad there and with the rest of the traffic, he thought it would be a very dangerous situation; if the Council felt there was enough doubt and that they didn't want to deny the vacation tonight, then send it back as the Planning Director recommended; he indicated to him that he would recommend for the Planning Commission to study it more fully; there seemed to be a dispute as to whether or not it was safe to leave l6th Street open; he felt there was acute danger in closing it. Moved by Waters, seconded by Camacho, this hearing be closed Item 2 to vacate and close a ortion of 16th Street between Cleveland and Mc {i.nle Avenues and the Certificate of Publi- cation, Affidavit of Posting on file letter of protest, so forth be con- cluded at this time closin a ortion of this street be ranted. Planning Director Gerschler asked if that was to be closed subject to the same condi- tions as attached to the prior case. Vice Mayor Waters moved it also be subject to staff's recommendations and to the Plannin Commission's condi- tions- all these will be met rior to occu ation. Included in second. Mayor Morgan stated that he was happy he was able to help Mr. Young one time, but they do have a General Plan in National City and he thought they had to upgrade the City. Carried by unanimous vote. Absent: Reid. The HEARING ON THE INT :NTION TO VACATTI AND CLOSE A PORTION OF G AVENUt. was reconvened at this time. Michael J. Roark, 2120 Highland Avenue, was pres- ent and said they would withdraw their objections on the following conditions: the entire 40' street on G Avenue have complete access to the newly dedicated alley to be created there and it be dedicated and maintained by the City; Mr. Donahue, an owner and resident on this corner, installed a street light and wants to make sure the light stays there or is replaced with the same illumination or better. Moved by Camacho, the hearing be closed and the conditions stated by... E. H. Alsdorf, 2105 J Avenue, was present and said he had been a resident for 48 years and the City has closed street after street; he didn't believe in it; for instance, he lived at 21st and J and in 5/11/71 101 order to get down to 21st and National he had to go 3 blocks either way to l8th St. or 24th St. in order to make that distance; apartments have gone in which necessitatedthe closing of 20th St. from Highland to F and he protested both of those; they got in new apartments between 21st and 22nd St. between Highland and G and have spoiled that part of the country so fax as residences were concerned; they had a good chance to open 20th St. from Highland to National (he protested the closing) and they were still having difficulty there; he didn't go along with closing these streets and especially this plan here. Moved by Camacho, seconded by Hogue, this hearing be closed and re- ferred to the proper authorities for processing. Vice Mayor Waters inquired if that included the additional request other than what was on the minutes. Councilman Camacho said yes. Carried by unanimous vote. Absent: Reid. The HEARING ON THE ADOPTION OF CERTAIN INTERIM ZONING REGULATIONS AS DES- CRIBED IN ORDINANCE NO. 1262 OF THE CITY OF NATIONAL. CITY was held at this time. Deputy City Clerk Fasig stated the Certificate of Publication was on file and the Planning Director's recommendation was attached to the agenda. Planning Director Gerschler stated they had his recommendation dated May 7, 1971 with map attached showing the subject area; they were proposing the City Council re -adopt the interim ordinance and they direct the Planning Commission to proceed with the necessary hearings to consider a zone change from C-2 to C-2-PD for all C-2 properties east of Harbison Avenue between Division and 16th Streets; it was also recommended that the Planning Commis- sion be directed to prepare a proposed zoning regulation for a "height limit" combining zone that would allow the attachment of specific height limits to specific properties; if they vote to approve this recommendation it could be done at one move. No one was present in this regard. Moved by Waters, seconded by Camacho, .......__mthenearibeclosedar24221121191 certaininter- im zoning regulations as described in Ordinance No. 1262 of the City...of National Cityt (Certificate of Publication on file) and also the planhieg. Director's recommendation that this be referred back to the Planning Commis- sion for consideration for zone change from C-2 to C-2-PD and whatever sti ulations he so desired. Carried by unanimous vote. Absent: Reid. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,328, "RESOLUTION RECOMMENDING SELECT SYSTEM ADDITIONS OR DELETIONS." Moved by Camacho, seconded by Hogue, Resolution No. 102_328 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,329, "RESOLUTION AUTHORIZING CAPITAL. OUTLAY FUND EXPENDI- TURE (El Toyon Park)." Moved by Waters, seconded by Camacho, Resolution No. 101329 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,330, "RESOLUTION AUTHORIZING TRANSFER OP FUNDS FROM GENERAL FUND TO GAS TAX FUND 2107." Moved by Hogue, seconded by Camacho, Resolution No. 102330 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,331, "RESOLUTION SUPPORTING CONCEPT OF REVENUE -SHARING." Moved by Waters, seconded by Camacho, Resolution No. 102331 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,332, "RESOLUTION ESTABLISHING NATIONAL CITY TREE COMMITTEE." Moved by Waters, seconded by Camacho, Resolution No. 10,332 be adopted estab- lishing the Tree Committee and instead of the regular three members they in- crease it to five. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,333, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE LEAGUE OF CALIFORNIA CITIES, SAN DIEGO COUNTY DIVISION." Moved by Camacho, seconded by Waters, Resolution No. 10,333 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: None. Abstaining: Morgan. Absent: Reid. 5/11/71 102 RESOLUTION NO. 10,334, "A RESOLUTION SUPPORTING AN AMENDMENT TO THE ELECTIONS CODE TO ENABLE THE SAVING OF UNNECESSARY ELECTION EXPENSE 3Y ELIMINATING THE REQUIREMENT FOR UNNECESSARY PRECINCT OFFICERS." Moved by Camacho, seconded by Morgan, Resolution No. 104334 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Morgan. Nays: Waters. Absent: Reid. I NTRODUCTI ON OF ORDINANCES ORDINANCE NO. , "An ordinance regulating palmistry, palm reading, fortune telling, spiritualists, mediums, providing for the regulations of such activ- ities and the bonding of persons engaged therein," was presented for first reading. Moved by Hogue, seconded by Camacho, the ordinance be presented for its first readin to the Council by title. Carried by unanimous vote. Absent: Reid. The title was read. ADOPTION OF ORDINANCES ORDINANCE NO. 1268, "AN ORDINANCE REZONING CERTAIN REAL PROPERTY FROM THE R-4 ZONE TO THE R-4-PD ZONE AND ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE," was presented for second reading. Moved by Hogue, seconded by Camacho, the ordinance be read by title. Carried by unanimous vote. Absent: Reid. City Attorney McLean said he would have to read the ordinance in its entirety. The ordi- nance was read in full. Moved by Camacho, seconded by Waters, Ordinance No. 12b8 be adopted. Carried by unanimous vote. Absent: Reid. Max Eberhardt, President, Kearny Mesa Imports, was present and said his company held title to the real property in question; he had a colored presentation of their planned development which he would put on the board* Mr. Eberhardt said this property was located on 16th just east of Q Avenue; in November of last year they submitted an offer for purchase of this 1.53 acres, zoned R-4, and negotiated for its purchase contingent upon its being and remaining R-4; they checked with the Planning Department and were assured there were no plans tc change the zoning so they continued with the purchase agreement; they had a set of plans drawn for 80 units and submitted them to the Planning Department in early February; the Planning Department, after studying the plans, made certain recommendations and changes; among them was the parking situation; they originally designed parking places to be positioned directly in front of the building fronting on loth Street; they were informed that although other apartment projects had such parking in which the cars back on to 16th Street, this was an undesirable situation and did create a safety hazard; they recommended moving the parking to the back of the building which was done; several other recommendations were submitted to them and they complied with all of the changes and recommendations in detail; early in March their building contractor and he had a conference with City Manager Osburn regard- ing the northernmost boundary of their property that formed a triangle creat- ing an unusable portion for them and also having a triangle on the southern- most boundary which was unusable for the City; Mr. Osburn recommended the City trade an equal number of square feet for theirs, enabling them to have a rectangular piece of property more usable for both of them; documents were drawn which were passed by the Planning Commission and City Council; on the strength of the revised plans, after making the necessary changes recommended by the Planning Department, they procured a construction loan of over a half million dollars; this was procured through a broker who in turn makes his commission out of certain points charged on this loan; these proposed units are sold and in escrow for just under $900,000.00; in this transaction they took certain units in trade as a down payment and these units have been sold in escrow; the proceeds of this sale are in Century Escrow at this time; they have complied with the Code in every detail; they have put in all of the recommended changes in every detail; they have spent over $7,000. on plans and an additional $1,100.00 revising these plans to conform to the Planning Department recommendations; they have spent 21 months getting bids and sub- contracts; they have ordered materials, fixing the price for lumber and con- crete at the low figure realizing that every week the prices are changing; they started dismantling the house located on the property and at this point it was no longer usable to them. Mr. Eberhardt said his only contention was that they relied on the Cityts zoning and now it was too late to turn around. 5/11/71 103 Vice Mayor Waters inquired what caused the sudden change. Planning Director Gerschler said this matter was raised at the last Council meeting; they pointed out to the Council at that time that these things had been done. Vice Mayor Waters inquired how long it would take before Mr. Eberhardt could receive an idea what direction to take. PlanningTpirector Gerschler said he could file a plan for an R-4-PD tomorrow morning.-791ce Mayor asked if it could be worked out without going to great expense. Planning Director Gerschler said to remove the objections raised by the existing plan was going to require redesign of the project. City Attorney McLean said on June 14 will be the Planning Commission hearing on the R-4-PD rezoning; that's different from what this gentleman might be able to do; if they adopt the ordinance tonight as an interim ordinance, he can come in tomorrow morning and re -file the same plans he had and ask that they be approved as an R-4-PD project and at that time if the Planning Department will state what objec- tions, if any, they have to his plans and if they meet no objections, the same day they can move on to the Planning Commission meeting. Mr. Eberhardt said if this was re -submitted as an R-4-FD and the necessary changes made they would have to completely start from scratch and he would like to point out what that would involve: aside from the time and the cost involved, (1) they would lose their construction money because it would be on a completely different set of plans; (2) they would still have to pay their broker's fees for obtaining this construction money; (3) they would lose their sale and it was a firm sale; the units they took in trade have been sold out and this would shatter that sale. Vice Mayor Waters said he couldn't support putting this man through additional expenses. Moved by Vaters, seconded by Hogue, the adoption of an ordinance for the rezoning to an R-4-PD be denied. Motion failed by the following vote, to -wit: Ayes: Hogue, Waters. Nays: Camacho, Morgan. Absent: Reid. City Attorney McLean said at this moment the interim ordinance rezoning this property to R-4-PD was in effect. REPORT OF CITY ATTORNEY - No report, APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $19,611.08 Traffic Safety 16,702.15 Capital Outlay 120986.84 Park 305.37 Gas Tax No. 2107 1,013.54 Drainage 6,247.00 Sewer 12,728.83 Total $69,594.81 Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: None. Absent: Reid. REFERRALS A communication from the CHIEF OP POLICE in regard to bus loading zones was presented. City Manager Osburn requested he be authorized to ask the Chamber of Commerce if they have any particular bus loading zones in mind they wanted reduced and if they do they could at that time work on them in conjunction with the bus company. Moved by Camacho, seconded by Waters, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Reid. Communications from the CITY MANAGER and DIRECTOR OF COMMUNITY DEVELOPMENT in regard to acquisition of vacant land for playground use (Sweetwater Heights area) was presented. City Manager Osburn said they were asked to see if they could purchase this property and not develop it; they found they can get 50% matching funds on the property and not develop it at this time. Moved by Camacho, seconded by Waters, the City Mana9er be authorized to REt. the application in and brin9 a report back to the Council. Carried by unan- imous vote. Absent: Reid. 5/11/71 104 UNFINISHED BUSINESS A communication from CITY MANAGER OSBURN transmitting a letter from J. Younger, Attorney General, requesting a resolution, (legislative attached to the agenda) were presented. Ordered filed by unanimous Absent: Reid. Evelle proposals vote. A communication from the DIRECTOR OF BUILDING & HOUSING in regard to street banners at 8th and National and San Diego Gas & Electric Company's rules in regard to foreign attachments were presented. City Manager Osburn said they investigated the possibility of being able to secure the cables to these privately owned buildings and then hire a Civil Engineer to design a struc- ture that will support the cables and their winds loads, etc. Moved by Morgan, seconded by Camacho, the Mana er's and Stan Bi. s' recommendation be a roved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Morgan. Nays: Waters. Absent: Reid. NEW BUS I NESS Bids received for the weed abatement program: (a) Bid of Gallagher Land- scaping & Maintenance and (b) Bid of Taylor Tractor Co. were presented. City Manager Osburn recommended the bid of Taylor Tractor Co. be approved. Moved by Camacho, seconded by .Hogue, the City Manager's recommendation be accepted and the bid of Taylor Tractor Co. be approved. John Gallagher, 1023 Isabella, Coronado, was present and said he would like to have an opportunity to bid if they were thinking of going by acreage and not by the hour. Mayor Morgan said it was not by the acre but by the square foot. Mr. Gallagher said he didn't think it was fair; he would like to have the opportunity to bid by the square foot. Moved by Hogue, this item be tabled and this gentleman, as he was unaware of the fact he could bid (At this point Councilman Hogue asked Mr. Gallagher if he said he was unaware of the fact he could bid by the acre. Mr. Gallagher said he was.), be allowed to submit a bid. City Attorney McLean said if they wanted to take up the matter of awarding the bid next week, they could in the meantime look into it and see if there were any alternatives; as he recalled, there was a cutoff time for bidding and if that was the case, you either reject all of the bids and rebid or you accept the bid you have; he didn't think Council could now let someone come in since the bids had been revealed. Moved by Hogue, seconded by Waters, this be laid over for a week. Carried by unanimous vote. Absent: Reid. Vice Mayor Waters said what he would like to know from the City Attorney, was the bid itself, how it was made up and if it was clear. City Attorney McLean said they would get a report to the Council. An application for a person to person transfer of off sale general license by THO MAS P. HABIB, RAMSEY L. NAJOR AND YOUSIF SHAMOO to do business at 6 No. Euclid Avenue was presented. Moved by Camacho, seconded by Hogue, the application be filed. Carried by the following vote, to -wit: Ayes: Camacho, Hogue. Waters. Nays: None. Abstaining: Morgan. Absent: Reid. A. communication from the CITY MANAGER transmitting a letter from Chula Vista in regard to forming a Joint Powers Agreement for the construction of a tennis facility at Southwestern College was presented. Ordered filed by unanimous vote. Absent: (Reid. A communication from the CITY MANAGER in regard to the acquisition of pro- perty for Grove Street and 14th Street at 805 Interchange, a copy of the February 8 letter to Stickney, Ortlieb, Moats & Pyle, and a copy of a grant deed were presented. City Manager Osburn recommended they be authorized to proceed with condemnation on this property as necessary. Moved by Camacho, seconded by Hogue, the City Manager be authorized to proceed with eminent domain in the ac uisition of ro ert for Grove Street and 14th Street at 805 Interchange. Carried by unanimous vote. Absent: Reid.. A communication from the MAYOR, CITY OF IRWINDALE, requesting opposition to Assembly Bills 813 and 520 in regard to changes to the annexation laws and enclosing a listing of members of the Assembly Local Government Committee 5/11/71 105 (fl were presented. Ordered filed by unanimous vote. Absent: Reid. A communication from FIELDER K. LUTES, PRESIDENT, COMBO, requesting financial assistance and enclosing a description of 1971 beneficiaries, an unaudited financial report for the Calendar Year 1970, the Combo budget for the fiscal year ending June 30, 1972, and the Fair Share Formula of participation by cities and County were presented. Moved by Waters, the request be denied. City Manager Osburn said Mr. Klauber called him today regarding this item and asked if he should be present; he told him it would normally be referred to the Finance Committee meeting and they would notify him when the meeting was if he wanted to come out. Moved by Waters, seconded by Camacho, the City Manager's recommendation be approved. Carried by unanimous vote. Absent: Reid. REPORTS CITY MANAGER OSBURN reported they have the deed prepared in regard to the land transfer between the City and Kearny Mesa Imports; he recommended they be authorized to open escrow on this item. Moved by Hogue, seconded by Camacho, the City Manager's recommendation pertaining to Kearnytta_Tme1511 ktmaaaq. Carried by unanimous vote. Absent: Reid. CITY MANAGER OSBURN said they had been notified by Attorney Thomas A. Turney a claim has been filed against the City on behalf of Gloria Ramsey and Mel- vin Ramsey; this is to keep your notice within the 100 days; he recommended it be denied and referred to the City Attorney and our insurance. Moved by Hogue, seconded by Waters, leCitManaerlsrecotilmendationrtainin9to the case of Ramsey be approved. Carried by unanimous vote. Absent: Reid. CITY MANAGER OSBURN said the Civil Air Patrol approached him regarding meet- ing facilities within the Emergency Operating Center; this is Squadron 57 which is stationed at Brown Field and members of the National City Air Force are in this squadron. Moved by Camacho, seconded by Waters, the City reconiinendati on be appr Carried by unanimous vote. Absent: Reid. DEPUTY CITY CLERK FASIG reported receipt of: (a) Copy of communication from the Water Utilities Director, City of San Diego, in regard to the admission of Fomerado County Water District and (b) Notice that application was filed April 30 with the Public Utilities Commission by Greyhound Lines West for approval of passenger bus fare and package express charge increase. Ordered filed by unanimous vote. Absent: Reid. MAYOR MORGAN called an Executive Session at 10:07 p.m. The meeting reconvened at 10:10 p.m. Council members present: Camacho, Hogue, Waters, Morgan. Absent: Reid. COUNCILMAN HOGUE reported receipt of a call regarding Plaza and 8th; he re- quested City Engineer Foster to write him a report by next week on the situ- ation there and to discuss it with the residents involved. 5/11/71 106 Moved by Camacho, seconded by Waters, the meetin9 be closed. Carried by unanimous vote. Absent: Reid. The meeting closed at 10:11 p,m. City Cl k City of Njtipa1 ty, Calif. The foregoing minutes were approved by the CityCouncil of ational City at the regular meeting of May 18, 1971. No corrections Correction as noted below Mayor, City « 1Jationa1 City, California 5/11/71