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HomeMy WebLinkAbout1976 02-03 CC MIN14 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA February 3, 1976 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, Dalla, Pinson, Morgan. Absent: Reid. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by Pastor W.V. Prindle, High- land Avenue Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the regular meetings of January 20, 1976 and January 272 1976 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed proclamation designating February "ANNIVERSARY MONTH, BOY SCOUTS OF AMERICA' was read in full. Moved by Camacho, seconded by Pinson, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to two Boy Scouts who were present in the audience. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS GENE GOYCOCHEA, 1326 27th Street, San Diego, was present and said he has just purchased the lease on the Union Station at 16th and Highland; he has been having problems getting the station opened, the station has been painted, everything is new; he introduced CHUCK ROWE, Manager of Real Estate Transactions for Union Oil, who read a statement regarding the service station at 1539 Highland Ave. Mr. Rowe said Union Oil has had a station there since 1948; the unit was rebuilt in 1966 and they have an investment in facil- ities and land in excess of $150,000.00; on August 5, 1975 they mothballed the unit with the intention of reopening, the tanks were degassed, per Fire Department specifications, the fill pipe, lift covers were concreted over; in January of this year Union Oil decided to reopen this unit; they have painted, re -signed and Mr. Goycochea applied for a business license, he was informed that this unit was an abandoned station and to be reopened he must conform to the new Codes, namely he would need a Conditional Use Permit and be required to relocate the sign and have a lot size exceeding 15,000 square feet, their lot size is only 10,000 square feet and has been since 1938; therefore, they would be required to file for a variance and put in 5% landscaping; this would take in excess of eight weeks and cost a considerable amount of money; they feel this is unjust because their unit was not abandoned, it was mothballed with the intention of reopening; it was a Union Station when it was clsoed and it will be a Union Station when it reopens, no change of ownership; Mr. Goycochea has a crew hired and ready to go to work but they have been unable to reopen the station and put these people to work; they are at the Council tonight to ask the Council's help in this matter. There was discussion. Planning Director Gerschler gave further background information on the matter; he said a litelal interpretation of the Code requires them to go through the Conditional Use Permit and they have been told that the Permit must go through the Planning Commission; they were urged to get started on the Caditionat Use Permit when this VV76 15 was first brought to the Planning Department's attention; he suggested that they present their case to the Planning Commission next Monday night and they will try to help them out. Mr. Gerschler said they advised the Union Oil Company by letter in September 1975 that they found this an abandoned station and they would be required to comply with the Conditional Use Permit requirement if they wanted to reopen it. Mayor Morgan explained to Mr. Rowe that the City Attorney was at a Civil Service meeting and they would like to hold this over until he returned to Council Chambers; they agreed. RONALD LEE MAZE, 1418 E. 7th Street was present and said that he was born and raised in National City and he has very special feel- ings about the town; he feels the legal and responsible performance of the City government has been strained and they don't intend to sit idly by and see the damage being done to our Community image and our reputation through the news media publicity or any other way by the continuing, sorrowful farce as we watch and as we pay $16,000.00 a year to a City Clerk who I frequently and consistently demonstrated her incompetence in sense of priorities that leaves the people of the City far down on the list; and with no feel for the Community which she serves. Mr. Maze read sections of old newspaper stories and quoted from a letter from former City Manager Osburn to former Councilman Colburn and said he had heard other citizens say we have a parnanoid City Clerk; based on his invest- igations the National City Council should have City Clerk Ione Campbell subjected to a thorough investigation as to her state of mental health and be evaluated by outside and professional analysts as to her ability to perform her duties of office; with- out due consideration of these requests 1 and a large number of other old Sweetwater -National City old-timers who make these requests demands. VICE MAYOR DALLA stated...he does not believe that the remarks that he has made this evening are really appro- priate for a Council meeting, nor does he believe that the remarks that he's made are necessarily appropriate to an election campaign or election rally; and he did not want to sit here silently and not say anything; he wanted him to be aware of that. PUBLIC HEARING The PUBLIC HEARING regarding a request for permit to operate a single taxicab in National City (Fortunato Di Marco) was held at this time. City Manager Bourcier stated the items in the Agenda packet gives the Council an idea on how many taxicabs are licensed in National City versus how many there are in other Cities; there is no basic criteria for numbers of cabs per population, it's only a rule of thumb; according to National City's Ordinance it's up to the applicant to convince the Council that there's a need for the public convenience and necessity. LEE MOORE, 784 Ash Street, Chula Vista was present and stated that he operates the Diamond Cab Company and that there are three cab companies and 78 licenses and probably have the best demand -response taxicab service in the country; he doesn't really believe there is a need for another company to dilute what business there is within the City; and furthermore he has 225 employees that could possibly apply for a license as well if this is granted; and he doesn't believe the City would have the control that it now enjoys. JAMES MARR, 1515 Grove Street was present and said that with due regard to Mr. Moore's statement in looking back at the birth of the country in this bicenntenial year he feels this country was founded on private enterprise and he feels that Mr. Di Marco should be granted this license on the private enterprise basis; with all due respect to questions regarding the fact that there may be more operators asking for a license, a little more competition isn't going to hurt the big businesses in San Diego; I feel that his license should be granted. There was discussion in regard to Mr. Marr's comment regarding operators, the concern over control, the fact that here taxis don't cruise the streets, (there are two reasons for that, the streets are crowded in the first place and in the second place they are bringing in busses --the cry for more transportation such as busses has gone out for the last several months when we've been in a fuel crisis, with cabs cruising the streets with engines ')/2/7, L. 16 running there would be more pollution); if Mr. Di Marco were allowed to cruise our streets as a one-man cab company, could any other applicant that applies be denied, etc. A gentleman who resides at 1841 E. 18th St., Apt. 67 was present and said he was a cab driver for Diamond Cab; and spoke in favor of Mr. Di Marco. GREGORY WILLIAMS, 1420 Sheryl Lane, a police officer at the Naval Station , was present and spoke in favor of granting a permit to Mr. Di Marco, The General Manager of Diamond Cab was present and answered some of the,complaints voiced by Mr. Williams. Moved by Pinson, seconded by Camacho, the HEARING be closed and the request for a single cab operation be denied. There was further discussion. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla. Absent: Reid. CITY ATTORNEY MCLEAN and the Civil Service Commission arrived and interrupted Council meeting to call the Civil Service Commission to order in Chambers and adjourn to another room (CSC had a noticed hearing scheduled for the Council Chambers). DORIS MCKINNEY, Chairman called the meeting to order and roll call was taken. The Commission and the City Attorney left to go to Court Chambers. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 11,966, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF SIDEWALK AT 819-825 "V" AVENUE (Jim Mendoza Aguada & Antonia Visaya Aguada)." Moved by Camacho, seconded by Pinson, Resolution No. 11,966 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla. Absent: Reid. Resolution No. 11,967, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Jim Mendoza Aguada & Antonia Visaya Aguada)." Moved by Pinson, seconded by Camacho, Resolution 11,967 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 11,968, "RESOLUTION DEFERRING REQUIREMENTS FOR INSTALLATION OF CURB, GUTTER, SIDEWALK AND STANDARD DRIVEWAY AT 2303 "N" AVENUE (Enrique G. & Esperanza Robledo)." Moved by Camacho, seconded by Dalla, Resolution No. 11,968 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 11,969, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Enrique G. & Esperanza Robledo)." Moved by Pinson, seconded by Dalla, Resolution No. 11,969 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 11,970, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1975-17, TO ALLOW AN ADDITION FOURTEEN FEET FROM THE REAR PROPERTY LINE AT 2510 EAST FIRST STREET (Dan Toulouse)." Moved by Pinson, seconded by Camacho, Resolution No. 11,970 be adopted. Carried by unanimous vote. Absent: Reid. Resolution No. 11,971, "A RESOLUTION IMPLEMENTING THE PROVISIONS OF ORDINANCE 1491 REGULATING THE INSTALLATION OF STREET IMPROVE- MENTS PROVIDING FOR DEFERRALS AND EXEMPTIONS THEREOF." Moved by Camacho, seconded by Dalla, Resolution No. 119971 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Nays: Morgan. Absent: Reid. Resolution No. 11,972, "RESOLUTION SUPPORTING AND ENDORSING THE SWEETWATER RIVER FLOOD CONTROL PROJECT INCLUDING THE PROVISIONS FOR RECREATION AND MITIGATION OF PROJECT EFFECTS." Moved by Camacho, seconded by Dalla, Resolution No. 11,972 be adopted. There was discussion. Carried by unanimous vote. Absent: Reid. REPORT OF CITY ATTORNEY - No report. 2/3/76 17 UNFINISHED BUSINESS The request of the CHICANO ATHLETIC ASSOCIATION of National City, regarding AB 2699 was presented. AUGIE BARENO, 2140 D Avenue, was present and said AB 2699 transfers responsibility for amateur boxing away from the State Athletic Commission to the local county AAU; the reason that it's important to the CAA and a number of other programs across the State is that in amateur boxing, in order to conduct those kinds of programs, it takes significant amounts of money; where under the present set-up, if you were to put on a program here in the park and it was our desire to charge a donation or an entry fee for the purpose of raising money to maintain our equipment, by the rules of the State Athletic Commission they would be required to take our amateur promoter's license which on an annual basis comes somewhere in the area of $1000.00, which is significant when the whole purpose of the program is to raise money; not only that you would also be obligated to hire employees, referees, medical doctors; so essentially it makes it very difficult for you to raise funds and essentially that's the purpose; it may seem a relatively simple transfer of responsiblity, but it's a fundamental change in the role of the State Athletic Commission. Mr. Bareno suggested that the Staff be directed to contact Assemblyman Bob Wilson, Democrat from La Mesa whose Committee presently has the bill because there are a number of concerns. Councilman Camacho stated that under the CAA a lot of amateurs would get to participate in their cards and if they participate on a professional card then a lot of the young people wouldn't have the opportunity to fight as an amateur any more, they would take away this right; the California Boxing Association should handle professional boxing and only have jurisdiction over professional fighters; the Amateur Athletic Union should have jurisdiction over amateur fighters. Moved by Pinson, seconded by Camacho, we support AB 2699 and notify Assemblyman Bob Wilson of La Mesa and Assemblyman Deddah. Carried by unanimous vote. Absent: Reid. NEW BUSINESS The Finance Director/City Treasurer's request for RATIFICATION OF PAYMENT OF WARRANT REGISTER No. 31, dated February 3, 1976, in the amount of $54,772.54 (Warrants Nos. 53594 through 53640) was presented. Moved by Camacho, seconded by Pinson, this be ratified. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Absent: Reid. Request for ratification of new fund -- Kimball Park Improvement Fund, No. 31 was presented. Moved by Pinson, seconded by Camacho, in favor of the request. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Absent: Reid. The City Treasurer/Finance Director's monthly financial statement for the month ending December 31, 1975 was presented. Ordered filed by unanimous vote. Absent: Reid. City Attorney McLean returned to Council Chambers. A type 20 (Off -Sale Beer and Wine) License Application for NATIONAL MARKET, 2040 National Avenue was presented. Moved by Pinson, seconded by Camacho, it be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson. Abstain: Morgan. Absent: Reid. A type 20 (Off -Sale Beer and Wine) License Application for THE PRODUCE MARKET, 3421 Plaza Blvd. was presented. City Manager Bourcier in answer to a question stated that this was a reapplica- tion; it was licensed for On -sale WINE AND BEER and now it's Off - Sale beer and wine; the license for On -Sale was surrendered. There was discussion. City Attorney McLean stated that any citizens protest would go to the ABC. Moved by Pinson, this be denied. City Attorney McLean stated that the only item before the Council 2/3/76 18 is a notice from the ABC with an application for an Off -sale beer and wine license; the only thing for the Council to do is to decide if the City of National City will file a protest with the ABC objecting to the issuance of this license and if so on what grounds -- the grounds being for example the issuance of a license would be injurious to the public health, safety and welfare; or it violates a zoning law. Councilman Pinson stated that his main objection is that it's too close to a residential neighborhood. Moved by Dalla, seconded by Pinson, we protest this Type 20 liquor license on the 9rounds that it would be injurious to the public health, safety and welfare. City Attorney McLean stated that their experience has been that unless you cite some factor that leads you to the conclusion that it is injurious to the health and welfare this won't do any good; this could be such things as inadequate off street parking, proximity to schools, traffic conflicts, this is inconsistent with the surrounding neighborhood, too many licenses, etc. Councilman Pinson suggested that those items be included in the motion, Vice Mayor Dalla agreed. Motion before Council is that the City protest the license on the grounds the premises are too close to a school, and too close to a residential neighborhood and therefore the license is injurious to the public health, safety and welfare, and that there are too many licenses already. Carried by unanimous vote. Absent: Reid. The City Treasurer/Finance Director's request for Council approval to change computer system to BURROUGHS B700 SERIES was presented. Moved by Pinson, seconded by Camacho, this be approved. Carried by unanimous vote. Absent: Reid. The recommendation of the Director of Public Works to authorize the granting of ELECTRICAL EASEMENT to San Diego Gas & Electric Company and execution of agreement (Kimball Building) was presented. Moved by Pinson, seconded by Camacho, in favor of the recommendation af the Director of Public Works. Carried by unanimous vote. The rate schedule increase, Aaron Ambulance was presented; (rates as of Dec. 1, 1975 are; Response, $50.00; mileage, 2.00; night call, 7.50; emergency call, 7.50, oxygen, 7.50; resusitator, 12.50; esopageal airway, 7.50; O.N Kit, 10.00; hot and cold packs, 2.50; hare traction splint, 7.50; poison antidote, 2.50; first aid supplies, 2.00 up; waiting time, 12.50, each 15 min. after first 15 min.) City Manager Bourcier said our Ordinance calls for Council approval of their rate schedule. Moved by Pinson, seconded by Camacho, in favor of their rate schedule and in addition that no rate schedule be in effect until it gets approved in the future. There was discussion. Carried by unanimous vote. Absent: Reid. WRITTEN COMMUNICATIONS LEAGUE OF CALIFORNIA CITIES Legislative Bulletin No. 6-1976, dated January 30, 1976 was presented. Ordered filed by unanimous vote. Absent: Reid. REPORT CITY MANAGER - No report. PLANNING Recommendation by Planning Commission that application for exemption from installation of curb and full width alley paving at 926, 928, 930 E. 4th Street, R-4, residential zone (Howard L, Draper) be deferred, one lot at a time, and that portion of the alley, subject to property owner's signing a covenant running with the land not to protest a 1911 Act was presented. Moved by Morgan, seconded by Pinson, authorize the Engineer to work with both of these companies and see if they can get a9 alley put in. Vice Mayor Dalla asked if this in effect would be denying the recommend- ation of the Planning Commission, and was told it would. HOWARD DRAPER, 4332 "L" Avenue, La Mesa was present and stated he's 2/3/76 19 building on this property two duplexes and one house. Mayor Morgan explained that about four years ago when the people build apart- ments on the west of Mr. Draper, they didn't have the money to put in the alley, they were given a years time to put it in and they haven't; now is the time to get the alley put in on the other side and get your's put in because that's the only way we can get alleys or streets in the City. Mayor Morgan explained that Mr. Draper wouldn't be putting the alley in all by himself, they will be activating the contract they have with the other homeowners in the area on the west of him, they will put in half an alley and Mr. Draper will put in half. Carried by unanimous vote. Planning Commission Report - Application for zone variance No. Z- 1-76, to allow demolition of 9 existing single family dwellings to be replaced with 8 new single family dwellings without the necessity of subdividing at 2512 through 2735 Hill Drive (a private street) was presented. Moved by Dana, seconded by Pinson, this be filed. Carried by unanimous vote. MAYOR MORGAN asked City Attorney McLean who had not been present earlier due to a meeting of the Civil Service Commission, regard- ing the Union Oil Service Station at 16th and Highland (Gene Goycochea). City Attorney McLean said that they had determined along with the Planning Department that this was an abandoned station and as such it cannot be reopened without the use of a Conditional Use Permit, nor can a new station be built without the granting of a Conditional Use Permit; it is his advise, based on the facts that they had that the reopening of the station would require the Permit; it may be that there are some facts that have not been brought to his attention as yet. Mayor Morgan asked Mr. Goycochea and Mr. Chuck Rowe to meet with the City Attorney and work out something and make a report next week; they said they would. COUNCIL COMMUNICATIONS COUNCILMAN PINSON said he had occasion to go the Police Reserve Banquet and they had a program with police dogs and he was very impressed; the dogs belong to the Naval Station and occasionally the Commanding Officer of the station loans these dogs to National City, but it becomes a touchy situation because the dog is now a Federal officer. Councilman Pinson said he thought it would be a good idea to have local law enforcement dogs. Moved by Pinson, seconded by Dalla, this be referred to the Budget Committee for a study and brin9 back some reports on it at the time of the budget session so that we ossibl could hire ourselves a olice do . Carried by unanimous vote. FORTUNATO DI MARCO, was present and thanked the Council for consideration of his request and particularly those who spoke on his behalf; he did not exactly understand what action had been taken, but if they indeed had turned him down then he and his family would have to leave the area. Vice Mayor Dalla asked Mr. Di Marco about the phone that is in his cab; Mr. Di Marco explained that the phone is not connected due to the cost involved. Moved by Pinson, seconded by Dalla, the meeting be closed. The meeting closed at 9:10 p.m. City/Clerk ity of Natio City, California The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of February -le-, 1976. 2/3/76 20 C3(NO corrections Corrections as not below M yo City of National City, California 2/3/76