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HomeMy WebLinkAbout1966 11-01 CC MIN54 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 1, 1966 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. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None. ADMINISTRATIVE OFFICIALS present: The meeting was opened with salute followed with invocation by Bishop of the Latter Day Saints. Linn, McLean, Minogue, Osburn, Stockman. to the Flag led by City Manager Osburn, Penton T. Burgess, Church of Jesus Christ Moved by Colburn, seconded by Hogue, the minutes of the regular meeting of October 25th be approved. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid. Nays: None. Abstaining: Morgan. RESOLUTION NO. "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE PORTIONS OF TAFT AVENUE," was presented. Moved by Hogue, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Colburn, the Resolution be adopted. Carried by unanimous vote. Three resolutions in regard to the 1911 Act Improvement of C Avenue, 20th Street, 21st Street, Alley, Assessment District No. 147, were presented. Moved by Colburn, seconded by Harris, the reading of the resolutions be waived and they be adopted by reading of the title only. Carried by unanimous vote. RESOLUTION NO. 9234, "RESOLUTION DETERMINING THAT PROJECT SHOULD PROCEED ('C' Avenue, 20th Street, 21st Street, Alley, Assessment District No. 147)." Moved by Hogue, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9235, "RESOLUTION ORDERING WORK ('C° Avenue, 20th Street, 21st Street, Alley, Assessment District No. 147)." Moved by Harris, seconded by Hogue, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9236, "RESOLUTION ADOPTING WAGE SCALE ('C' Avenue, 20th Street, 21st Street, Alley, Assessment District No. 147)." Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN said the zoning ordinance for Unit #1, National City Airport Annexation, was in preparation and recommended it be on the Agenda for the next meeting. Moved by Hogue, seconded by Harris, the recommenda- tion be approved. Carried by unanimous vote. ORDINANCE NO. 1141, "AN ORDINANCE AMENDING ORDINANCES 830 AND 884 OF THE CITY OF NATIONAL CITY PERTAINING TO DOG LICENSE FEES," was presented for the second reading. Moved by Colburn, seconded by Harris, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. ORDINANCE NO. 1142, "AN ORDINANCE AMENDING ORDINANCE NO. 962, ZONING ORDINANCE, AND AMENDING ORDINANCE NO. 1112, OF THE CITY OF NATIONAL CITY, CALIFORNIA," was presented for the second reading. Moved by Hogue, seconded by Colburn, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Harris, the Ordinance be adopted. Carried by unanimous vote. 11/1/66 55 ORDINANCE NO. 1143, "AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPL0SION, AND REPEALING ORDINANCE 1087 OF THE CITY OF NATIONAL CITY," was presented for the second reading. Moved by Reid, seconded by Harris, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. CITY ATTORNEY McLEAN stated the City Council voted to protest the issuance of a license to sell alcoholic beverages to Harold F. Dodds subject to three conditions recommended by the Chief of Police; Mr. Dodds petitioned the Alcoholic Beverage Control Board for the issuance of a license under those three conditions; the A.B.C. would like to know if the Council will withdraw the protest. Moved by Colburn, seconded by Hogue, the Council withdraw the protest as long as the conditions are adhered to. Carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: Harris, Morgan. CITY ATTORNEY McLEAN said in his opinion the Council can adopt ordinances regulating the degree of illumination in bars and cocktail lounges on the basis of protection of public safety; as to the licensing of bartenders, in his opinion, it could be regulated by ordinance. COUNCILMAN HOGUE stated National City was the hottest spot in the nation today, official temperature 102°. COUNCILMANHARRIS stated the election November 8th is for three bond measures and property owners should not be taxed more than necessary; therefore, he would like to ask the City Attorney and City Manager to check into the possibility of going along with Chula Vista and San Diego with a cigarette tax; some vending machines are already charging the extra amount. Moved by Harris, seconded by Reid, the City Attorney and City Manager look into this tax. Councilman Hogue stated it was discussed before and it can be done; he was against the motion as a cigarette tax goes into the General Fund and cigarette smokers are taxed for the benefit of all; the absence of a cigarette tax influenced the number of people outside of National City who come here to shop, helping the merchants and increasing sales tax revenue. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue, A Proclamation of Veterans Day November 11 was read. Moved by Hogue, seconded by Reid, the Proclamation be approved. Carried by unanimous vote. BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $18,367.77 Traffic Safety 3,351.60 Park 175.71 Retirement 5,793.89 Special Street 78.53 Sewer 11,401.37 T OTAL $39/168.87 Moved by Colburn, seconded by Reid, the bills be paid and warrants ordered 11/1/66 56 drawn for same. Motion carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $65,011.59, was presented. Moved by Colburn, seconded by Hogue, the payroll be approved and warrants ordered drawn for same. Carried, by the following vote, to.. wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. The Report of the Traffic Safety Committee in regard to (1) Angle parking (2) Sweetwater Road and Ridgeway Drive (3) Center island, 12th Street (4) Obstruction,15th Street between J and K (5) 16th Street be made one way at Christmas time, was presented. Moved by Colburn, seconded by Harris, the Traffic Safety Committee's report be accepted and its recommendations be approved. Councilman Hogue said if all of the recommendations were considered at one time he would vote "no" as he agreed with the Chief of Police and former recommendations of the Traffic Safety Committee diagonal parking downtown could be hazardous. Councilman Hogue said last week he tried to put a 1911 Act on 15th Street from "J" to "K" and had no success; now the Traffic Safety Committee recommended it. Vice Mayor Colburn said the first paragraph was not a recommendation; the Chamber of Commerce requested diagonal parking and had reasoning behind their request. Pete Storton, 920 Ethel Place, Streets & Highways Committee, Chamber of Commerce, was present and said the Chamber of Commerce requested diagonal parking in 1963 and repeated the request each year since that time; Sunday parking is a real problem in the area as there is not enough for people going to church; weekdays there was not enough parking for the businesses; the General Plan Study includes diagonal parking. Mayor Morgan asked if the motion included the recommendation for the 1911 Act on 15th Street. Motion and second withdrawn. Further consideration was deferred until after the hearing. THE USE DISTRICT HEARING, on the proposed zone change on all those pro- perties zoned C-3-B, General Commercial, between 4th Street and northerly City Limits along Highland Avenue to permit limited wholesale commercial usage was held at this time. The City Clerk reported she had the Affidavit of Mailing and the Certificate of Publication. City Clerk Minogue read a written protest from Ellis E. and Ina M. Huff, 737 E. 4th Street, outlining nine reasons for their opposition. Director of Planning Stockman read the recommendation of the Planning Commission favorable consideration be given to the Zone Change as shown on Map No. C-59, subject to seven stipulations. Henry Muller, 1014 Garfield, El Cajon, was present and stated he owns property at 3rd Street and G Avenue and understood the zone change would extend only one hundred feet west of Highland; now the Zone Change was to take in G Avenue; there are residences on G although there are none on Highland; people who live on G Avenue could have a warehouse next door. Mr. Muller said it is unfair to the residents to change the character of the neighborhood. Director of Planning Stockman said the Planning Commission decided to take in all the commercially zoned property on both sides of Highland Avenue rather than "spot zone." Monty Gailband, 415 E 1st Street, was present and asked what Zone 3-C-B was. Director of Planning Stockman said it is a general commercial zone. Mayor Morgan asked the City Attorney ifj when there are hearings, the Council must go along with all ('-' of the Planning Commission recommendations, or could the area be decreased to a size the Council feels is necessary. The City Attorney replied when the City Council considers proposals for zone changes they may reject or approve recommendations of the Planning Commission, or modify the recommen- dation or refer the matter back to the Planning Commission for more study, or not act on the recommendation by simply not adopting the ordinance; declining to make any change in the zoning is a form of rejection. Mrs. Powers, 205 N. Highland, was present and said she was in favor of any change to aid business but sympathized with the people who have residences there, Councilman Hogue said since there is no way for the City to expand, the Council must be careful in the reduction of residential areas; a line 11/1/66 57 should be drawn to keep residential on one side and business, manufacturing and wholesale on the other side. Mayor Morgan recommended the hearing be closed and it be on the Agenda far the next meeting. Moved by Harris, the Mayor's recommendation be approved. Died for lack of second. City Attorney McLean recommended the hearing be continued. Bill Mordhorst, 740 East 2nd Street, was present and said what he requested was change of zone for his property, 125 feet deep between 2nd and 3rd on Highland Avenue, and as selfish as it may seem, that is all he is interested in. Moved by Colburn, seconded by Harris, the hearing be closed and referred back to the Planning Commission for further study and report to the Council including the Council's discussion tonight. Mayor Morgan asked the City Attorney if it was proper to close the hearing. The City Attorney said if the Council wants further discussion on the report of the Planning Commission at a later date, he would recommend the public hearing be continued; if the Council felt the Planning Commission's report is not sufficient upon which to act and wanted a complete new study of the problem, the hearing should be closed and referred back to the Planning Commission, at which time they will have to advertise for public hearing, make a new report to the Council. Motion and second withdrawn. Councilman Hogue asked if the Council could refuse to give this zoning tonight and allow Mr. Mordhorst to apply for a variance through the Planning Commission and before the Council. City Attorney McLean said if the Council voted to reject the recommendations of the Planning Commission it would conclude the proceedings insofar as the proposed zone change is concerned and the landowner would be free to apply for a variance stating his grounds to comply with city ordinance and state law. Councilman Hogue asked which the City Attorney would recommend. The City Attorney said it was not a legal question; the Council could do either one; it was a matter of policy. Mayor Morgan said it should be left open, the Council should study it before the next meeting, and then, if the Council could not agree, it could be referred to the Planning Commission for recommendation. Moved by Colburn, seconded by Harris, the hearing be continued to the next rspular Council meeting. Carried by unanimous vote. Councilman Colburn asked the Director of Planning to prepare a possible reduction in the area to be zoned in conformance with the comments made tonight for the Council to look over before the meeting. Moved by Hogue, seconded by Harris, Item 3 (Petition of greivances against Sweetwater Roller Rink) under New Business be brought to the floor at this time. Carried by unanimous vote. Carl Morris, 1837 I Street, operator of the Sweetwater Roller Rink, was present and said the petition was filed and statements made against the rink; the whole thing was out of hand, Chief Cagle was instructed to investigate. Mr. Morris asked what was learned in the investigation. City Manager Osburn said the report was completed late this afternoon and a copy given to each member of the Council; probably they had not been able to read it. The City Manager recommended it be on the Agenda for the next meeting. Mr. Morris said it has been going on for over a month and made headlines all the time; his business dropped 30 to 40% because of the charges. Vice Mayor Colburn advised Mr. Morris it was brought to the Council by residents of the area and it was their opinion, not the Council's, that the skating rink was causing the problem. The Vice Mayor said the Council believed a public facility enjoyed by young people should not be closed but the problem should be eliminated. The Vice Mayor said there was nothing the Council could do now except go on record that they do not believe the skating rink is causing the trouble just because it's there; the Council will study the Chief's recommendation for eliminating the problem and take action at the next meeting. Mr. Morris stated he wanted the truth told. Councilman Hogue said the Council couldn't control what is brought before it or what is put in the newspapers; the only thing they can do is look into the problem; he, personally, wouldn't close the skating rink so long as it provides children with good, clean enjoyment. Moved by Colburn, seconded by Reid, the Council go on record it is not their intention to close the skating rink, but it is their intention to make sure all necessary protection is given to residents of the area and the rink. Linda Mathews, 1057 Corte Verde, Chula Vista, was 11/1/66 58 present and stated she was a member of a skating club and the rink means more to them than anything else. Ray Reed was present and said the public has heard accusations of bad things at the rink and the Council should hear sane of the good things: Carl and Wayne Morris are giving their own time for a Muscular Dystrophy Benefit and all of the kids down at the rink are giving their time. Mrs. Morris, 1837 "I" Avenue, was present and requested the situation be expedited; the rink overhead is tremendous and they can't continue to operate at a loss; the people living in the area should realize it was rezoned; the youth of National City need this place for recreation. Mrs. Morris said there has been more trouble at Jack -in -the -Box and Taco Bell than at the Rink. Frank Stone, 4201 Sweetwater Road, Bonita, was present and said his daughter skates in the rink; over the past nine years he has been at the rink two or three times a week staying until closing time; he has never seen any trouble. Mr. Stone suggested thought be given before anything is done to close down or take away something the kids are working for. Monte Lewis, 319 W. Hawthorne Street, San Diego, was present and said he was most concerned with the allegations that there was criminal element at the rink; police officials, highway patrol, deputy sheriffs are members of skating clubs; the paper should retract the "garbage" that was printed. Councilman Hogue said one of the complaints on the petition was the loud music and it should be looked into. Mr. Morris said during the summer months the windows were open; as it would be cool soon the windows would be closed and the music would not be heard outside. Carl Fletcher, Naval Air Station, Coronado, was present and said only nine people signed the petition against this rink; the people living closest to the rink did not complain; the people across the street come over to watch the skating and listen to the music. Mayor Morgan recommended the Council visit this area before the next meeting. Motion carried by unanimous vote. Moved by Colburn, seconded by Hogue, the petition be turned over to the City Manager for report. Carried by unanimous vote. Councilman Hogue said the complaints and publicity were detrimental to the persons here; a citizens committee should be formed so things of this nature could be studied and a report made; these people should not be exposed to public apology and accusations and things of that nature. Mrs. Chambers, 1318 E. l8th Street, was present and said she thought the City Council should have more confidence in the Chief of Police and the City Manager. The Council discussed the report of the Traffic Safety Committee. Moved by Harris, the Council accept the recommendation of the Traffic Safety Committee of Items 1, 2, 3 and 5 and lay No. 4 over for the time being. Died for lack of a second. Moved by Colburn, seconded by Reid, the first paragraph in the report be accepted and filed. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. Councilman Hogue said in Item 4 the Traffic Safety Committee recommended a 1911 Act be instituted by the Council on 15th Street from J to K Avenue. Moved by Hogue, seconded by Colburn, the Council institute a 1911 Act improvement on 15th Street between Highland and K. Mayor Morgan said he believed this problem could be settled in a better way. Councilman Hogue said 15th Street from Highland to K Avenue is in dire need of development and all he is asking is the Council initiate a 1911 Act. Mayor Morgan said before money is spent on this, someone should go out and see if the people want a 1911 Act. Councilman Harris said the Council asked the City Manager to contact the people on this street in regard to right-of-way, to see if they would dedicate it; the Traffic Safety Committee recommends it be condemned; we should get the property dedicated instead of trying to condemn it and pay for it. Councilman Hogue said he did not say anything about condemning anyone's property. Vice Mayor Colburn suggested the City Engineer report whether or not the project was feasible before excessive time was spent on it. Councilman Reid suggested the City Engineer prepare a map. Both suggestions included in motion and second. Carried by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: Harris, Morgan. Moved by Colburn, seconded by Hogue, the recommendation of the Traffic Safety Committee in regard to Sweetwater Road and Ridgeway Drive be accepted and filed. Carried by the following vote, to -wit: Ayes: Colburn, 11/I/66 59 Harris, Hogue, Morgan. Nays: Reid. A five minute recess was declared by Mayor Morgan at 9:36 p.m. Mayor Morgan called the meeting back to order at 9:50 p.m. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None. The Council again considered the report of the Traffic Safety Committee. Moved by Colburn, seconded by Hogue, the recommendation in regard to the Center Island on 12th Street be accepted and filed. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. Moved by Colburn, seconded by Harris, the recommendation 16th Street not be one-way during Christmas be accepted and filed. Carried by unanimous vote. The recommendation of Police Chief Cagle, dated October 24, 1966, in regard to bus loading zone at GRANGER JUNIOR HIGH SCHOOL, was presented. The City Manager read a later letter from Chief Cagle offering an alternate solution as outlined in Ordinance No. 827, Section 63. Moved by Colburn, seconded by Harris, the alternate recommendation be approved. Carried by unanimous vote. CITY ENGINEER FOSTER'S recommendation the Council support the City of El Cajon Resolution No. 8001, was presented. Moved by Hogue, seconded by Colburn, therecommendation of the City Engineer be approved. Florence Uzemecki, 524 I Avenue, was present and said she would like to know what the City of E1 Cajon has to do with the City of National City; also, she was against the League of California Cities. Carried by unanimous vote. The result of the OPENING OF SEALED BIDS FOR EIGHT POLICE VEHICLES was read: Two bids were received and were opened Wednesday, October 26 after 3:00 p.m; Stanley Dodge-Simca, Inc., $12,181.76; McCune Motors, $12,587.18. The City Manager said he and the Chief of Police recommended the low bid of Stanley Dodge..Simca, Inc, be accepted, and disc brakes be added to the three high speed traffic units at a cost of $80.00 per unit as a safety measure. Moved by Harris, seconded by Reid, the recommendations be approved. Carried, by the following vote, to -wit: Ayes: Harris, Rogue, Reid, Colburn, Morgan. Nays: None. The RESULT OF THE OPENING OF SEALED BIDS FOR THE 1911 ACT IMPROVEMENT of Coolidge Avenue and 17th Street, was read: Six bids were received and were opened by the City Clerk October 26 after 3:30 p.m., as follows: V. R. Dennis Construction Company, $41,980.40; Griffith Company, $43,390.14; R. E. Hazard Contracting Company, $43,955.64; Ferry Bros. Construction Company, $47,250.04; T. B. Penick & Sons, Inc., $49,736.36; Daley Corporation, $54,637.45. City Manager Osburn read the City Engineer's recommendation the low bid of the V, R. Dennis Construction Company be accepted and all other bids be rejected. Moved by Harris, seconded by Reid, the recommenda- tion be approved. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. RESOLUTION NO. 9237, "RESOLUTION OF AWARD CF CCNTRACT (Coolidge Avenue from 13th to 18th Streets, 17th Street from Hoover to Railroad Track, Assessment District No. 151)", was presented. Moved by Colburn, seconded by Harris, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Resolution be adopted. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. THE MINUTES of the regular meeting of the PART{ AND RECREATION ADVISORY BOARD, October 13, 1966, were presehted. Ordered filed by unanimous vote. 11/1/66 60 A REQUEST OF SIGMA PHI GAMMA for waiver of license fee for rummage sale November 5 at the Masonic Temple, was presented. Moved by Colburn, seconded by Harris, the request be granted. Carried by unanimous vote. A communication from Mario Vismara, President, Specialized Processing, Inc., offering to purchase one or two acres of City -owned land at 24th and Coolidge, was presented. Moved by Hogue, seconded by Harris, it be referred to the Real Estate Committee. Carried by unanimous vote. Mayor Morgan (Chairman of the Real Estate Committee) called a meeting Thursday, November 3, 4:00 p.m. A COMMUNICATION FROM THE DIVISION OF HIGHWAYS outlining Assembly Bill No. 51 providing for the control of junk yards along certain highways and the acquisition of scenic areas adjacent, was presented. Ordered filed by unanimous vote. A communication from State Senator Jack Schrade requesting favorable consideration be given to transfer of business license to new location at 28th and Wilson for Mr. Moynahan (auto dismantling), was presented. Moved by Hogue, seconded by Reid, the communication be filed. Vice Mayor Colburn said in filing this communication no action would be taken; but with the information contained in the previous letter the Council could act; and recommended consideration of the request for transfer of license by Mr. Moynahan to move his business be on the Agenda for the next meeting. The Vice Mayor said the problem wasn't highway beautification; that could be protected with proper zoning which the Planner advised was possible; now we learn highway landscaping does not refer to industrial zoned areas; Mrs. Johnson and other planners in our nation must understand that we must have industry. Motion to file carried by unanimous vote. Moved by Colburn the Council put on the Agenda for the next regular Council meeting Mr. Moynahan's request for transfer of business license to the Wilson Avenue site. Died for lack of second. CITY MANAGER OSBURN reported two members of the Police Department were eligible for step increases, approved by the Department Head and the City Manager: Billy D. Fawver and John T. Nabors. Moved by Hogue, seconded by Harris, the step increases be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported the following employees were eligible for step increases, approved by their Department Heads and the City Manager: Leighton Pratt and Donald L. Bradford. Moved by Harris, seconded by Reid, the step increases be approved. Carried by unanimous vote. CITY MANA( R OSBURN reported receipt of the signed agreement for the pre- paration of a POPULATION ESTIMATE for the City by the State Department of Finance and recommended it be filed, Ordered filed by unanimous vote. CITY MANAGER OSBURN reported Hosea Melindez of Rachael Avenue obtained a curb permit and made a deposit on the curbs, etc.; the City of San Diego is studying a 1911 Act for this street; Mr. Melindez's moving into his build- ing is being delayed until the grades are established in accordance with San Diego's improvements. The City Manager recommended the Council allow Mr. Melindez to move into his building with the stipulation he will put in the curbs, sidewalks, etc. when the grade is set. Moved by Harris, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported the Rocky Mountain Tariff Bureau will conduct a hearing in Denver, Colorado, Tuesday, November 8, to determine the feasibility of removing or decreasing the small town arbitrary assessment rates which are 9% over the rates in San Diego on shipments originating in 11/1/66 61 Arkansas, Louisiana, New Mexico, Oklahoma and Texas, The City Manager said the National City Chamber of Commerce passed a resolution requesting the rates be removed; the City Council adopted Resolution No. 9180 requesting the rates be decreased or removed. The City Manager recommended Bill Dailey of the Port District be authorized to represent National City officially bafore the hearing. Moved by Harris, seconded by Reid, the recommendation of the City Manager be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from E. L. Hill, Chairman, CIVIL SERVICE COMMISSION, stating the appeal of George W. DeHaven in regard to termination of his position as Deputy Director of Civil Defense was denied. CITY MANAGER OSBURN reported receipt of a communication from City Engineer Foster stating Ferry Brothers Construction Company requested a time extension for Contract Specification No. 714 (Q Avenue 1911 Improvement Act) due to a delay in the installation of utilities and recommending an extension of 15 working days. Moved by Harris, seconded by Reid, the recommendation be approved. Carried by unanimous vote. A communication from CITY CLERK MINOGUE recommending the fee for street closings be increased as the present fee is no longer sufficient to cover costs to the City, The City Clerk recommended if the Council was in accord, it be referred to the City Attorney. Moved by Hogue,seconded by Harris, the recommendation of the City Clerk be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission, after public hearing, recommended the establishment of R-1 zoning on the Lincoln Court Annexation. The Director of Planning recommended the City Clerk be authorized to set the matter for public hearing. Moved by Hogue, seconded by Harris, the recommendations be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission took under consideration the amendment to the Zoning Ordinance to provide for exemption from or deferral of installation of curbs, gutter and sidewalk and recommended the City Clerk be authorized to set the matter for public hearing. Moved by Reid, seconded by Harris, the recommendation be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN reported the Planning Commission took under consideration the request for a vacation of a portion of 20th Street (40 feet by 100 feet) West of Highland Avenue and recommended the matter be referred to the City Attorney for the resolution of intention to vacate. Moved by Harris, seconded by Reid, the recommendation be approved, Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented the Tentative Subdivision Map for Southland Industrial Park, Unit No. 2; and the recommendation of the Planning Commission to approve the tentative map, subject to thirteen stipu- lations. City Attorney McLean said due to the complex nature of the sub- division and the location, after the Council has determined whether or not to approve the tentative map and on what conditions, and after the final action has been decided upon, there should be a written document outlining the Council's action on the matter, in the event of some future question between the City and the sub -divider as to what was agreed upon, The Director of Planning said they would still have to come back with the final map for approval, City Attorney McLean said in his opinion we do not have the legal right at this point to require the sub -divider to show the pro- posed freeway route; if'the State reaches a decision on the exact alignment of the freeway we can include the requirements for the design of the remain- ing lots on the sub -division; at this point we have not been able to obtain 11/1/66 62 a comnmittment on the exact position of the freeway alignment. Councilman Hogue inquired if a map was received from the Division of Highways showing the area where they felt the freeway would be. The City Attorney said the map was a part of the report to the Planning Commission from the Division of Highways; they were asked to show the exact position of the freeway and indicated in their replies they are unable to do so. Councilman Hogue asked if he voted to approve the map, would he improve the value of the land so a higher price will have to be paid; the State asked us not to do such a thing. The City Attorney said nobody could give a guarantee as to the long-term consequences. W. H. McCreery (Imperial Corporation), was present and asked to have Item 2 of the thirteen stipulations changed; the Planning Commission inserted the word 'tor,/ changing the context of the original stipulation; also, assuming approval, the wording should be more clear and should refer to the final map, and not the tentative map. Moved by Harris, seconded by Reid, that the Council approve the Tentative Subdivision Map subject to the thirteen stipulations with the changes recommended by Mr. McCreery in Item 2. Carried, by the following vote, to - wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. Mr. McCreery said he also wanted item one of the thirteen stipulations eliminated. Moved by Harris, seconded by Reid, motion just passed be amended to include elimination of the first stipulation which refers to a showing of the state freeway routes. City Attorney McLean said if he understood the intention of the Council correctly the resolution he presents to the Council will approve the tentative sub -division map subject to the conditions that are outlined in the last two pages of the report of the Planning Commission eliminating Condition No. 1 showing the freeway route and re -wording Condition No. 2 so it will be clear it refers to the final map; there will be a tentative sub -division map with the conditions 2,3,4,5,6,7,8,9,10,11,12 and 13. Moved by Hogue, seconded by Colburn, the motion be amended to give this back to the Planner and the City Attorney to meet with this gentleman and it be on the next Agenda for better understanding of what we are talking about. The amendment carried, by the following vote, to -wit: Ayes: Colburn, Reid, Hogue. Nays: Harris, Morgan. The motion eliminat- ing item one carried, by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission recommendation the request of Will G. Kostakos for waiver of installation of curbs, gutters and sidewalks at 504"Si" Avenue be granted subject to two conditions. Moved by Coburn, seconded by Harris, the recommendation of the Planning Commission be approved. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN read the Planning Commission recommendation the request of M. E. Porcupile, Alco Fence Company, Inc., for a waiver of installation of curbs and sidewalks in the 2000 block Hoover Avenue be denied and the City Council refer to the City Manager consideration of installation of curbs and gutters on adjacent City -owned property. Moved by Harris, seconded by Colburn, the recommendations of the Planning Commission be approved. Carried by unanimous vote. E. H. ALSDORF, 2105 J Avenue, was present and inquired about the proposed vacation of a portion of 20th Street (forty feet by one hundred feet) west of Highland Avenue. Mayor Morgan said it was the first hundred feet and there would be a public hearing. Mr. Alsdorf suggested the Police and Fire Departments investigate this; he thinks the forty feet should be for fire protection. Councilman Colburn requested consideration of his motion to approve the transfer of license for Moynahan, basing it on the fact that the Council objection to the transfer was the beautification program and the Council would be remiss if it didn't put it on the Agenda for the next meeting. Moved by Colburn, seconded by Hogue, the request for transfer of licenses for Mr. Moynahanfs auto dismantling business be on the Agenda for the next 11/1/66 63 meeting. Tom Moynahan, 724 W. 13th Street, was present and said he purchased the property on 28th and Wilson and he would like the Council to consider the motion. Motion failed, by the following vote, to -wit: Ayes: Colburn, Hogue. Nays: Harris, Reid, Morgan. JOHN GROBE, 35 E. 5th Street, was present and said the Mayor was using his position to back the street bonds; the Mayor refused to debate at the "Stop the Bond" meeting. Moved by Harris, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:55 p.m. ATTEST: CITY CLERK 71A-2--_ IONA C R, CITY N ITY, CALIFORNIA