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HomeMy WebLinkAbout1971 07-20 CC MIN163 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 4F THE CITY OF NATIONAL CITY, CALIFORNIA July 20, 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, Reid, Waters, Morgan. Absent; Hogue. Adminietrative officials present: Foster, Gerschler, Minogue, Osburn, Stenberg. SALUTE 10 FLAG AND INVOCATION The meeting was opened with sal4te to the Flag led by City Manager Osburn followed with invocation by the Reverend Ashley, First Baptist Church. (Councilman Hogue arrived at 7:32 p.m. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the regular meeting.. of July,13 ,, 1971, be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR WATERS said lately the newspaper has been treating him well; he wished they would print the issues straighter; he did not like the Star - News quoting him as cussing; he never cussed in his life up here and the minutes bear this out. Councils ►n Hogue said that it was he who was doing the cussing, MOVED BY HUE, the following question be placed on the next City-wide election: "Shall the Council of the City of National City, California, levy and maintain the necessary tax increase in order that the personnel of the City's Police and Fire Departments may be eligible to retire at the age of fifty after eighteen years of employment with their local de- partment?" Motion died for lack of second.. Councilman Hague said last week a representative of the Pollee Department made a very intelligent remark: he said if they would put this on the ballot they would see what the citizens thought. MAYOR MORGAN said more apartments are to be built on 7th and 5th Streets; they are asking for waivers; he read the map and could see no play area. The Mayor said he was ready to stop building in National City until they get this worked out (patios and play areas); he was not happy with "Q" Avenue and the property down at 24th and "B"; there are 130 families in there and all they have is a swimming pool; if they don't watch themselves they were going to have a mess in the City. The Mayor asked the Planning Director what he would do if something that didn't have a play or patio area came in. Planning Director Gerschler said as the Code now stands a permit would be in order unless the City Council adopted some kind of an interim measure to stop.,.on the agenda tonight will he the question of the apartment house studies; the Commission and the Department have sug- gested that a committee be formed and they be asked to complete their work within sixty days; he was sure they could get it done within sixty days. There was discussion. Moved by Morgan, seconded by Waters, they authorize all R-4 ro e t owners who were oin to build more than ten units in N tional Cit be treated until this ordinance becomes effective as P-D. Planning Director Gerschler said th s will require the preparation of an interim ordinance and should be referred to the Planning Commission. Councilman Hogue said driveable entrances to shopping centers, apartments, etc. should be included in the ordinance. Carried by unanimous vote. 7/20/71 164 ORAL COMMUNICATIONS CATIONS FRANK CHENELLE, Police Officers Relief Assoc., was present and thanked Councilmen Hogue and spoke in regard to inequities in the Cooperative Personnel Services "Classification and Salary Survey, 1971-72." DONALD R. JONES, 2406 East 19 Street, was present and said he has five acres of land in Oregon and the County Sheriff cuts the grass and bills him at the end of the year and he wondered if they could do something like this in National City. Mayor Morgan said that was exactly what they were pre- paring to do. MR. JONES asked if a dog license was a fee imposed on the owner to take care of clerical work in the City to keep track of the number of dogs in the City and how many had their rabies shots. Ben Bowman, 2445 Van Ness, Animal Regulations Officer, was present and said it wasn't a license, it was a tax; any city here in the County has to have pound control. BEN E. BOWMAN, spoke in regard to his classification in the CPS "Classifi- cation and Salary Survey" and protested the recommendation therein. FRANK CHENELLE spoke about the numbers of people moving into various apart- ment complexes in the City and said the police force had not been increased. MRS, IVA NORMAN, 1515 East 15 St., was present and asked to speak in regard to the wage survey when it came up on the agenda. LESTER ©OODALL, President, National City Municipal Employees Assoc., was present and`said he negotiated with the City Manager and agreed: "1. To accept the 1971 Classification and Salary Survey with a 5% cost of living raise for all employees, with the following provisions: The Park Dept. classification and salary survey shall be completed and all employees in the City requesting further review have hearings and shown justification for any change prior to July 31, 1971;" at this time all other items of negotiation are at an impasse. Mr. Goodall spoke in regard to the survey and protested some recommendations; he urged the Council to listen to the employees present and read their letters. COUNCILMAN }DGUE inquired if monkeys were licensed like dogs. HEARINGS The HEARING ON THE RESOLUTION OF INTENTION, 1911 ACT IMPROVEMENT OF THE ALLEY IN BLOCK 146 was held at this time. City Clerk Minogue stated the Certificate of Publication and the Affidavits of Posting and Mailing were on file; attached to the agenda were protests (Petition signed by: Jane H. Ellis, 2345 N Ave.; Emma DeScisciolo, 1139 East 4 St.; George Lesesma, 1712 Harding Ave.; Trinidad Juarez, 1720 Harding Ave.; Juana Juarez, 1720 Harding Ave.; Catalina Garcia, 1726 Harding Ave.; Cyril L. Lipousky, 435 West 18 St.; Clotilde G. Lipousky, 435 West 18 Street; Joseph Peralot, 1707 Wilson Ave.; Ruben Romero, 1713 Wilson Ave.; Lucy V. Peralto, 1607 Wilson Ave.; L. Mifflin Ward, Trustee, by Cotton Property Management Co., Agent, by Larry Cairncross, 233 "A" St., San Diego. Letter signed by Pedro Garcia, 557 East Sunkist St., Ontario, Calif,) and the recommendation of the City Engineer the project be abandoned,; No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and the protest of 85% of the property owners be adhered to for the Alley in Block 146 and the project be abandoned. There was discussion. Councilman Hogue suggested these people be notified of the City's policy on blacktapping alleys. Mayor Morgan instructed the City Manager to notify them. Carried by unanimous vote. The HEARINGS ON THE PROPOSED AMENDMENTS TO THE PROVISIONS OF ORDINANCE ND. 962, ZONING ORDINANCE: To specify the ZONES WHEREIN "IMPORT-EXPORT" BUSINESSES SHALL BE PERMITTED AND REGULATORY PROVISIONS THERETO and to 7/20/71 165 specify the ZONES WHEREIN "RETAIL GUN SHOPS" SHALL BE PERMITTED AND REGULA- TORY PROVISIONS THERETO were held at this time. City Clerk Minogue stated the Certificates of Publication and the recommendations of the Planning Commission for both hearings were attached to the agenda; a letter from Mr. Bozarth was distributed prior to the meeting. Planning Director Gersch- ler said the Planning Commission recommended in Item 2 (import --export) that as these things were already allowed, no further action was necessary and have recommended filing Item 2; in Item 3 (retail gun shops) they found the Code does not now specify the appropriate zoning; there are 5 of them in the City with some sort of non -conforming use status; they recommended retail gun shops be allowed in the C-3 and higher zones. No one was present in this regard. Moved by Hogue, seconded by Camacho, under Harinss, July 20 1971 Item 2 be filed nd that Item 3 that the recommendations of the Plannin Commis i n and their recommendations be a roved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read b titl . Carried by unanimous vote. RESOLUTION NO. 10,398, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (El Toyon and Kimball Park)," Moved by Camacho, seconded by Reid, Resolution No, 10)398 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,399, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Peterson, Lindemulder, 14th Street, 15th Street, Highland and tFt Avenue)." Moved by Waters, seconded by Reid, Resolution No. 10,399 be adopted. Carried by unanimous vote. RESOLUTION ND. 10,400, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of 14th Street, 15th Street, ,Ft Avenue and Highland Avenue)." Moved by Reid, seconded by Camacho, Resolution No. 10,400 be adopted. Carried by unanimous vote. RESOLUTION 1(0. 10,401, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND C OSE ALLEY IN VICTORIA HEIGHTS (Highland and 23rd Streets) ." Moved by Hogue, seconded by Reid, Resolution No. 10 401 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,402, "RESOLUTION SUPPORTING THE CONTINUED OPERATION OF THE NATIONAL CITY CABLE PLANT OF ITT AND OPPOSING ANY OPERATION OF THE SCRAPPING INDUSTRY ADJACENT THERETO." Moved by Reid, seconded by Camacho, Resolution No. 10 402 be do ted. There was discussion. (Councilman Camacho left the Council Chambers at 8:24 p.m.) Mayor Morgan called a 5. minute recess at 8:25 p.m. Moved by Hogue, the 5.-minute recess be denied. Motion died for lack of second. The meeting reconvened at 8:30 p.m. Council members present: Camacho, Hogue, Reid, Morgan. Absent: Waters. MAYOR MORGAN said they had a motion on the floor. Mayor Morgan requested Vice Mayor Waters be called. Vice Mayor Waters returned to the Council Chambers at 8:31 p.m, Motion to adopt Resolution No. 10,402 carried by the following vote, to -wit: Ayes: Camacho, Reid, Morgan. Nays: Hogue, Waters. RESOLUTION NO. 10,403, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF C)MPLETION (Sewer Construction in and Near Freeway 805, Specifi- cation No, 754)." Moved by Reid, seconded by Camachot Resolution No. 10,403 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,404, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC OLIC BEVERAGES TO THE SOUTH BAY PLAZA MERCHANTS ASSOCIATION." Moved by Waters, seconded by Hogue, Resolution No. 104,404 be ,approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. 7/20/71 166 RESOLUTION NO. 10,405, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (No. Z-830 1803 Highland Av.)." Moved by Camacho, seconded by Reid, Resolution No. 10,405 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays Waters. RESOLUTION NO. 10,406, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (No, Z-84, 423 East 7th Street)." Moved by Waters, seconded by Camacho, Resolution No. 10,406 be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: Reid. RESOLUTION NO. 10,407, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (No. Z-85, 2210 East 22nd St.)." Moved by Camacho, seconded by Reid, Resolution No. 10,407 be. adopted. Carried by unanimous vote. RESOLUTION NO. 10,408, "RESOLUTION ABANDONING PROPOSED IMPROVEMENT PROJECT (Alley Block 146, Assessment District Now 177)." Moved by Waters, seconded by Camacho, Resolution No. 10,408 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1275, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Zone Change No. C-78, C4-F1 and C4-F2 to M3-F1 and M3--F2 on the West Side of National Avenue between 30th and 33rd Streets, Adjacent to North Side of Pro- posed State Highway 54)," was presented for second reading. Moved by Camacho, seconded by Waters, the ordinance be read by title. Carried by unanimous vote. The title was read. Moved by Waters, seconded by Camacho, Ordinance No. 1275 be adopted. Carried by unanimous votes REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $10, 3 79.70 Traffic Safety 1,528.12 Capital Outlay 989.42 Park 753,41 Drainage 544,25 Sewer 4,961.90 Total $19.156.80 Moved by Camacho, seconded by Waters, these bills be paid and warrants drawn . Carried by the following vote, to -wit: Ayes: Camacho, Hogue Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $128,099.41: was presented. Moved by Hogue, seconded by Camacho, the payroll be paid. Carried by the following vote, towits Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. REFERRALS Items regarding repair of the Municipal Swimming Pool (a. Communica- tion from the Director, Park & Recreation Department, suggesting 7 additional items be included in the general repair bid; b. Communica- tion from the Director, Park & Recreation Department, in regard to repairs and tentative use of the pool; c. Communication from the City Engineer recommending the program of closing the pool on September 20 to accomplish the necessary repairs be adhered to)lere presented. Moved by Hogue, seconded by Camacho, Item 1 under "Repair of Munici- pal Swimming Pool" as stipulated by the staff be approved. Vice Mayor Waters said that is early to close the pool; there are team workouts and public use there up until the end of October and asked 7/20/71 167 if the pool could be kept open until November - December, obtaining bids for repair in the meantime. City Manager Osburn said he could have a report and the only problem they might have was the Health Department. Moved by Morgan, seconded by Waters, this be tabled until the Manager could give them a report. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. The CITY MANAGER'S report on street conditions at the intersection of Plaza Boulevard and 8th Street was presented. City Manager Osburn said Mr. Robert Smith, an attorney who represents Mr. Gentry, called him yesterday and asked him if they could delay this for one or two weeks so that he could investigate. Moved by Reid, seconded by Camacho, the City Manager's recommendation be approved to table to cave Mr. Smith time to investigate. Robert L. Smith, Butler, Ruff & Smith, 624 Union Bank Building, San Diego, was present and said it would be appropriate to have some time to look into the problems raised by the situation at Plaza and 8th Street; he thought some time would be beneficial for all of them concerned to look at some other alternatives which seem to present themselves for dissolving the problem. Carried by unanimous vote. The COMMUNITY DEVELOPMENT COORDINATOR'S report on Federal and State Applications Filed, Under Preparation or Under Study, was presented. Ordered filed by unanimous vote. NEW BUSINESS A communication from the AREA OFFICE DIRECTOR, DEPARTMENT Off' HOUSING & URBAN DEVELOPMENT in regard to Water and Sewer Grant Program, Project No. WS-Calif-422,, advising the City to reject all bids and re -advertise was presented. Moved by Camacho, seconded by Reid, the City Manager be authorized to immediate) start roved es for bids and re -advertise on this sewer grant program, using only clay pipe. (amended motion) Carried by unanimous vote. A communication from the PRESIDENT, LEAGUE OF WOMEN VOTERS OF SAN DIEGO COUNTY, requesting endorsement of AB 3050 (regional planning) was presented. Moved by Camacho, seconded by Reid, the request be approved. Carried by unanimous vote. A communication from the DIRECTOR OF BUILDING & HOUSING suggesting Alton B. Beauchamp, 1123 Manchester Street, be appointed to the vacancy on the Building & Housing Advisory & Appeals Board was pre- sented. Moved by Hogue, seconded by Camacho, Mr. Beauchamp be appoint- ed to this position. Vice Mayor Waters said Mr. Beauchamp was assigner to the Planning Commission and he resigned because he had too much work to do and inquired if this had been discussed with him. Moved by Hogue, seconded by Waters, this be tabled until the Mayor discusses this with Mr. Beaucham to see if he has the time to ive to the C i t . Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. A communication from the NATIONAL CITY COMMUNITY RODEO ASSOCIATION soliciting City advertising in the Spurs N Saddle Rodeo magazine (sample advertising pages attached to the agenda) was presented. Moved by Hogue, seconded by Camacho, Council take the inside front. page of advertisement on the brochure for the rodeo ©$400. Carried by unanimous vote. A communication from the PRESIDENT, BOARD OF TRUSTEES, SAN DIEGO YOUTH SYMPHONY, requesting financial assistance for the Symphony's transportation to Costa Rica and that orchestra member, Laura Kojima, appear at the July 20th Council meeting was presented. Moved by Hogue, seconded by Waters, the City donate $100. for each of the four members of this orchestra from National City who will_go to Costa Rica. (amended motion) Laura Kojima, 1203 Palmer Way, was present and stated there are five members from National City: Reuben Ruiz, Wayne Kiser, Patrick Kojima, Laura Kojima and Kim Kojima; there would be four members going. Carried by unanimous vote. 7/20/71 168 A communication from the PRESIDENT, NAT-PAR COLT LEAGUE, requesting parking concession at El Toyon Park for the Section West Tournament 7/28-8/1, South Region Tournament 8/4-8, and West Division Tournamen, 8/11-15 was presented. Moved by Camacho, seconded by Waters, this request be granted, Councilman Hogue said he wanted a report on how much it will cost to fence that area in. City Manager Osburn said the estimated cost was $3,000. - $3500, for a fence running from the recreation building west to the vicinity of R Avenue and over to the wells. Carried by unanimous vote,. Moved by Hogue, they fence this area in. Motion died for lack of second. There was discussion. Mayor Morgan said next year they will be building the freeway along there; it won't help them this year but when the freeway goes through they will fence this. Richard Asay, 2120 B Avenue, was present and said he had been in the National City Colt League since 1964 and was in Pony League in 1962 and 1963; it would behoove the City to have it fenced to protect that beautiful facility as soon as possible. Mr. Asay thanked the Council for the granting of the parking facility. A communication from the CITY ENGINEER making three recommendations in regard to a letter from McMillin, July 14, requesting certain things from the City regarding their proposed development between 5th and 7th Streets and east of T Avenue and the request of McMillin Construction Co. were presented. Moved,by Hogue, the three recommen- dations in regard to the letter from McMillin pertaining to between 5th and 7th Streets from east T Street, all recommendations of the staff be approved. Motion died for lack of second. Councilman Camacho said the Council should hold him to developinc{ the thing properly and if they develop it like it should be to start out they won't have any excuses later as they have. had in the past; he is proposing a development here and should follow it to the "T" and bide by all of the requirements made by him to their City Code. Moved by Camacho, seconded by Reid, a motion be made to this effect. Lloyd Hill, 41 E. 25th Street, was present and said they weren't asking to delete anything from the normal requirements; they were spending the same amount of money and trying to get a little more improvements out of it; he discussed this with the Engineering Department. Mr. Hill attached a drawing to the bulletin board and pointed out various aspects of their plan. There was discussion. Moved by Hogue, seconded by Morgan, the motion be amended to include that the Manager brincr a recommendation back next week pertaining to. this problem. Amendment carried by unanimous vote. Original motion carried by unanimous vote. The request of NAVAL RESERVE ASSOCIATION AUXILIARY for a "no -fee" permit to hold a rummage sale August 7, 1971 at 35 E. 18th Street, the report of the License Clerk and the License Collector's recommen- dation of approval were presented. Moved by Hogue, seconded by Waters, the Naval Reserve Association Auxiliar be rmitted to hold the rummage sale without fee. Carried by unanimous vote. The minutes of the FINANCE COMMITTEE meeting of July 12, 1971 were presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER in regard to Salary and Wage Recommendations with attachments from representatives of various employee groups designated and memoranda of understanding on wages and associated benefits with various employee groups were presented. Moved by Hogue, seconded by Reid, this item be filed. City employees Frank Chenelle, Raymond Duke, Iva Norman and Ben Bowman spoke. There was discussion. Carried by the following vote, to wit: Ayes: Camacho, Hogue, Reid. Nays: Waters, Morgan. A communication from the CHAIRMAN, LIBRARY BOARD OF TRUSTEES, request- ing the personnel of the City Library be excluded from the recommen- dations of the 1971 CPS Classification and Salary Survey and that existing conditions be allowed to remain unchanged for the fiscal year was presented. Ordered filed by unanimous vote. 7/20/71 169 A communication from the ASSISTANT CITY LIBRARIAN stating the Library Professionals should be granted raises as recommended in the Classi- fication and Salary Survey was presented. Ordered filed by unanimous vote. A communication from the CHIEF OF POLICE recommending the acceptance of Sergeant Delbert L. Cronk's application for retirement with regret and a copy of the retirement request were presented. Moved by Camacho, seconded by Reid* the recommendation be a roved and the ro r la es be iven Ser eant Cronk. Carried by unanimous vote. The minutes of the meeting of the TRAFFIC SAFETY COMMITTEE, July 14* 1971, were presented. Moved by Hogue* seconded by Camacho, these items of the Traffic Safety Committee be approved. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN reported receipt of a letter that afternoon from Attorney Kenneth A. Wood, representing Mr. Rogers or the people out on 13th Street; each councilman has a copy of this; it asks some questions that he didn't have time to research; they will have a re- port on this next week. CITY MANAGER OSBURN said sometime ago the Council authorized the staff to hire an appraiser for the appraisal of three parcels of property on Plaza Boulevard off -ramp on Highway 5; this has been done and he recommended they be authorized to proceed with the acquisition of the necessary rights of way for this off -ramp. Moved by Hogue, seconded by Camacho, the C it Mans er's recommendation rtainin to the off -ramp on Hicrhway 5 be approved. Carried by the following vote, to -wit Ayes: Camacho,, Hogue* Reid, Morgan. Nays: None. Abstain- ing: Waters. CITY CLERK MINOGUE reported receipt of a communication from Congress- man Corman in regard to revenue sharing. Ordered filed by unanimous vote. The PLANNING COMMISSION recommendation that the Staff Report and recommendation of July 8, 1971 be accepted (to change all R-4 to R-4-PD if development plans are for more than ten units) and that these be forwarded to the City Council with the Commission's recom- mendation that a Citizens' Committee, as suggested, be named and instructed to prepare their report within sixty days was presented. Moved by Hogue, seconded by Camacho, the recommendation of the Planning Commission .pertatnincx to R-4 to R-4-PD be approved. There was discussion. Carried by unanimous vote. PLANNING DIRECTOR GERSCHLER presented the application for Conditional Use Permit for an iron foundry, including an electric furnace and pertinent equipment at 1623-1711 ClevelandAvenue, M-4 Industrial Zone (South Bay Foundry, Inc.), the recommendation of the Planning Com- mission to approve issuance of a Conditional Use Permit subject to 21 conditions and the request of Donald H. Freeman, Attorney for South Bay Foundry,, requesting permission to be heard and present additional information to the Council. Moved by Hogue, the recommen- dations of the Planning Commission pertaining to the iron foundry on Cleveland Avenue, M-4 Industrial Zone, South Bay Foundry, be approved with the 21 conditions as suggested by the Planning Commission. Motion died for ladk of second, Donald H. Freeman, Attorney repre- senting the South Bay Iron Foundry, was present and said the South Bay Foundry was subject to the Air Pollution Control Board; Mr. Lee Morgan, owner of the foundry, had a great deal of expenditure in trying to clean up his air pollution problem; an expenditure of $2.5, 000. --$30, 000, was made to solve this problem which left a resi- dual problem of 10•%; Mr. Morgan made arrangements for the purchase of an electric melt furnace and with the addition of an attached bag cleaner it should be 100% air pollution free; it had to be installed 7/20/71 170 by October; in order to install this electric melt furnace he must build a building to put it in; prior to this time an application was made by Mr. Morgan for a building permit for a similar but somewhat smaller building and that building permit had been approved; with the addition of the electric melt furnace, it would be necessary to have a larger building and that's what this application is about. Mr. Freeman said the Planning Commission decided this was a non -conforming use and would require a Conditional Use Permit; it was Mr. Morgan's position that this was not a non -conforming use but a use well within the M-4 Zone where his industry is located. Mr. Freeman cited sections of the Zoning Ordinance and outlined the history of the South Bay Foundry. Mayor Morgan said he was not going to vote on this item or discuss it because it concerned his brother. There was discussion. Vice Mayor Waters said since Mr. Morgan had operated for many years in the M-4 zoning he could not see the reason to put a Conditional Use Permit on it as long as this operation complies with M-4 zoning; he didn't think when a man was willing to spend $75,000.- $100, 000. on his operation he should be put in this position; a new Council or a new commission under a Conditional Use Permit could possibly move him out of there. Planning Director Gerschler said when the request was made as to what are the zoning regulations that apply here, they went to the Code and found nothing; they could say they found nothing in the Code and therefore nothing was allowed; that wasn't a very satisfactory answer for a man wanting a building permit; they said alright, you have two choices according to the Code: first of all, they could amend the Code and make this a permitted use or if they could find a similar use that they could say was simi- lar to this foundry operation, they could say this use was similar to...; it would take perhaps 4 to 5 months that would be necessary to make an amendment in the Code, remembering the State law, the waiting periods, notification, and that it takes six weeks to adopt an ordi- nance, rather than take the 4 or 5 months necessary to amend the Code they try to do it the fast way and that is to make a finding that this was a use similar to those uses requiring a Conditional Use Permit; with the exception of one or two minor conditions here tonight, the thing is ready for a building permit in about 3 weeks time; if the applicants feel there is some implied threat in the application for Conditional Use Permit,, they could still start a proceeding to amend the Code, put all of these into the Code and void the Conditional Use Permit and rely only on the Code; this would be fine with them as it was a lot easier to enforce the Code on the basis of an out-and-out violation than the enforcement of a Conditional Use Permit; the Conditional Use Permit allows two things: to the applicant it allows the advantage of speed in getting his application approved and to the Planning Commission and City Council it gives you the advantage of tailoring the conditions to the site and the use; if they make an amendment in the Code to cover this they will have to make the con- ditions tougher because they will not only have to cover this foundry but all foundries; he felt it was to the applicant's advantage to have a Conditional Use Permit. Vice Mayor Waters inquired if Scrap Dis- posal was on a Conditional Use Permit, or what were they on. Plann- ing Director Gerschler said they were on borrowed time. Councilman Reid said with that type of money he didn't think a man was going to do anything detrimental; he has more regulations from Dr. Askew• s office than he could live with. Moved by Reid, seconded by Waters, the man be issued his building hermit and allow him to install this machine without anv Conditional Use Permit on it. Councilman Hogue said it was interesting to him because it says the recommendations for the improvements of these facilities will be proposed for the Scrap Disposal Co.; he hoped when they get to Scrap Disposal they keep these same things in mind that they are allowing tonight; he had to vote against this because the Planning Commission and the Planning Director recommend these 21 conditions and he didn't know enough about spending $75,000. or what kind of job it was or what they were oing; according to the wording there, Scrap Disposal would have to comply with the same 21 conditions and it was going to be interesting when it came up. Moved by Waters, prior to this permit a bond be put 7/20/71 171 up by that particular outfit to assure the Commission and the City that he will definitely repair that fence and fix it to meet the Core and the event he doesn't then they exerise the use of the bond. Amendment to the motion died for lack of second. Planning Director Gerschler said he thought the motion before the City. Council had the effect of overriding their own ordinance and they may not be doing Mr. Morgan a favor by doing that; he would like to submit that question to the City Attorney. There was further discussion. Lee Morgan, 1623 Cleveland Avenue, was present and said he was willing to comply with M-4 and he thought they did comply with it; he thought he had the best looking fence on Cleveland Avenue or anywhere in the M-4 zoning. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters. Nays: Hogue. Abstaining: Morgan. The PLANNING COMMISSION'S recommendations of approval of the request for deferral of permanent paving for one-half of the street width at 2240 E. 16th Street subject to four stipulations and deferral of curb, gutter and sidewalk installation at 105 L Avenue were presented. Moved by Hogue, seconded by Camacho, the recommendation of the Plann- ing Commission and the City Planner pertaining to this item on perm- anent navinot of one-half of the street vidth of 2240 E. 16th Street be atoroved with the four stipulations. Carried by unanimous vote. Moved by Waters, seconded by Camacho, Itemd be approved for 105 L Avenue. Carried by unanimous vote. The CITY TREASURER -FINANCE DIRECTOR'S Financial Statement for the month ended June 30, 1971 was presented, Ordered filed by unanimous vote. COUNCILMAN HOGUE said now that the staff has said that their proposed recommendations for the foundry would be in compliance with Scrap Disposal they immediately without any further comics get Scrap Dis- posal Co, straightened out so far as their problems are concerned; one of the things they wanted was the street closed; it was time to close it; he asked the Attorney one time why they couldn't close the Street and he said they were holding it because they were goingto use it as something to bargain with; he thought they had lost eir ipargaining power tonight. Moved by Hogue, the following question be placed on the next City vide election: "Shall the Council of the City of National City, California levy and maintain the necessary tax increase in order that the personnel of the City Police and Fire Departments may be eligible to retire at the age of 50 after 18 years of employment in their local. departments. Motion died for lack of second. Moved by Waters, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:35 p.m, City Cler City of National Cit , California The foregoing minutes were approved by the City Council of National City at the regular meeting of July 27, 1971. No corrections I i Correction as note Mayor, it Tational City, California 7/20/71