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HomeMy WebLinkAbout1975 08-26 CC MIN130 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 26, 1975 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, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, Attorney Donald R. Lincoln, McCabe. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION The meeting was opened with the pledge of allegiance to the flag led by City Manager Bourcier followed with invocation by the Rev. Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of August 19, 1975 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS .. None. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Dalla, these two resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No. 11,849, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (South Bay Town & Country Shopping Center)." Moved by Reid, seconded by Camacho, Resolution No. 11,849 be adopted. Carried by unanimous vote. Resolution No. 11,850, "RESOLUTION APPROVING TENTATIVE PARCEL MAP LOCATED AT 1406 HIGHLAND & 702 14TH STREET (John C. Mabee)." Moved by Reid, seconded by Pinson, Resolution No. 11,850 be adopted. Car- ried by unanimous vote. REPORT OF CITY ATTORNEY - None. REFERRALS The Planning Director's recommendation HARRY STONE process a new Con- ditional Use Permit application for modification of CONDITIONAL USE PERMIT 1975-3, for a restaurant with on -sale beer and wine at 108 W. 25th Street (Transportation Ave.), to add pool tables was presented. BILL DOLAN, Investcal Realty, 1400 5th Avenue was present and said when the Council heard Stoney (after full approval of the Planning Commission at a public hearing) that Council meeting was not a public hearing because no protest had been received in a certain time period; a public hearing before the Council is required only if there were a protest; staff is asking Harry Stone to go back through the Planning Commission for another public hearing when the Planning Commission has had a public hearing and it granted him permission for exactly the thing he wanted to do; then the staff is saying that he should come back here after another public hearing not knowing what Council is going to do again; now it has been said that there are some legal reasons why the Council could not remove, or vote on whether to re- move, the restriction they placed on Stoney. Mr. Dolan repeated 8/26/75 131 conversations he had today: he first talked with Mr. Gerschler (Plan- ning Director) trying to get at the authority for this reason; Mr. Gerschler said the authority was the opinion of Don McLean the City Attorney; he found Don McLean, the City Attorney, in San Francisco; Mr. McLean said, "I was not aware that the Planning Commission had included the two pool tables in the Conditional Use Permit;" Mr. McLean, however, did say he did not know whether that would change his opinion or not, but he would certainly call through again and raise the issue; he then talked around 4:30 today with the current representative City Attorney (Mr. Lincoln) who also told him he was not aware the Planning Commission had included the two pool tables in their approval...he again said he didn't know if that would change his opinion. Mr. Dolan continued that his point is, neither attorney is using any legal technicality as an authority; they are only using the staff's ruling; we are back to the fact that Harry Stone went through a public hearing, no protest, unanimous vote; why waste the Planning Commission's time by going through that step again; they are not the ones causing the difficulty tonight. Mr. Dolan said he also understands that the Council meeting where they imposed the condition of no pool tables was not a public hearing because no protest had been given within a time period after publication; so, in his opinion, the Council could find as many reasons for acting on Stone tonight as staff can for not and for sending (the matter) back to the same body that has already approved it. Moved by Morgan, that we refer this to the City Attorney and have it back on the agenda for next week, and have his opinion on it...his recommendations. There was discus- sion of whether or not there had been a public hearing before the City Council and if time could be saved if the motion is seconded and approved. Attorney Lincoln said he discussed this with Mr. McLean at approximately 3:30 this afternoon and his opinion at that time was that once the City Council passes its resolution, the City Council loses jurisdiction; if you want a modification of that reso- lution...which is what you are asking for...but the last act, the City Council resolution was the act and that act said that no pool tables shall be permitted; you are asking for a modification of that; that is the final ruling; you have to go back to the Planning Depart- ment and through the Planning Commission. Mr. Dolan said that is where he fails to find any authority. Mayor Morgan withdrew his motion. Moved by Pinson, this be referred to the Planning Commission for public hearing...is that the key; there has to be a public hear- ing. Planning Director Gerschler said after they have submitted an application, the public hearing will by scheduled as soon as possible. Mr. Dolan said if you are going to require Stoney to go back to another public hearing (which he has already been through) and come back here again, not knowing what Council is going to say, is there something he can do to get an indication or a straw vote or something, so he doesn't go through the whole process and back here again. There was discussion regarding Council's voting against the matter of going back to the Planning Commission if Council was against the pool tables ...that's about the best straw vote you can get; Mr. Stone was re- questing Council to reconsider Conditional Use Permit which Council had already considered; and whether or not there was a public hearing before City Council. The official Minutes of the City Council meeting of June 17, 1975 were handed to Attorney Lincoln and Mayor Morgan requested Council to continue with the agenda items while the attorney studies the minutes. Motion died for lack of second. NEW BUSINESS The Director of Public Works' recommendation to appropriate funds ($8,434.67) for GEMCO Sewer connection (in February 1973 Council authorized participation by City in a storm drain facility through the GEMCO property) was presented. Moved by Camacho, seconded by Pinson, in favor of the Director of Public Works' recommendation. Carried by unanimous vote. An Application for OFF -SALE BEER AND WINE LIQUOR LICENSE (Type 20) by the Southland Corporation, dba 7-11, 807 East 8 Street; and the Police 8-26/75 132 Chief's statement there were no grounds for protest, were presented. Moved by Pinson, seconded by Camacho, in favor of the request. There was discussion regarding the number of these convenience -type markets that are built in the City. Planning Director Gerschler said it is always worth considering or reviewing; the problem you run into in- variably, and it was common with the old gas station argument when there were too many gas stations, is whether or not the City Council is going to operate as a Board of Trade and try to limit competition to prevent bankruptcy and that becomes a very delicate, political policy issue that you want to give a lot of thought to before you em- bark on that; of course, some cities have; most cities refuse to do that; the tough background policy question is whether or not the City Council wants to decide what "too many" businesses are; if you have resulting from businesses, tangible, measureable effects of public safety. .cars are crashing together, people are being hurt or injured or inconvenienced, then you have something upon which to base the lim- itation of uses; whether or not you want to do it solely on the success of the business itself is really tough. There was further discussion:. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Application for ON -SALE BEER AND WINE LIQUOR LICENSE (Type 41) by E. F. Ringgold dba RINGO'S BURGER SHOP, 36 N. Euclid Avenue, and commu- nication from the Planning Department stating a Type 41 liquor license would be permitted at this location without a Conditional Use Permit, were presented. Moved by Dalla, this liquor license be protested on the basis of its being not in the best interest of health, safety and welfare to the people of National City. There was discussion. Motion died for lack of second. Moved by Pinson, seconded by Reid, in favor of the request. Carried, by the following vote, to -wit: Ayes: Camacho, Pinson, Reid. Nays: Dalla. Abstaining: Morgan. The City Treasurer/Finance Director's request for ratification of BILLS in the amount of $72,087.82 (Warrant Register 8, warrants nos. 52154 thru 52243) and PAYROLL in the amount of $168,124.12 (period 8/1-15/75) was presented. Moved by Camacho, seconded by Reid, they be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. The City Engineer's recommendation the City participate in Assessment Project cost (not to exceed $10,080) for the construction of a 6' masonry garden wall within the sidewalk area, adjacent to privately owned property on Euclid Avenue between Division Street and Fourth Street, and landscaping and irrigation be included in the project at $5,000 for total City contribution of $15,080, was presented. Mayor Morgan recommended this be referred to the Engineers for further pro-, cessing. Moved by Pinson, seconded by Reid, this be referred to the Engineer. Carried by unanimous vote. WRITTEN COMMUNICATIONS The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN No. 23-1975 dated August 22, 1975 was presented. City Manager Bourcier recommended Council authorize the Mayor to write to Governor Brown opposing AB 301 and AB 700 regarding special treatment for Peace Officers. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommenda- tion. Carried by unanimous vote. REPORTS CITY MANAGER BOURCIER said Council has before them a letter from Sal Zavala requesting a reconsideration of a zone change; he would recom- mend Council refer this to the Planning Department. Moved by Pinson, seconded by Camacho, in favor of the Manager's recommendation. Car- ried by unanimous vote. 8/26/75 133 REFERRALS (Continued) Attorney Lincoln stated he read the minutes of June 17 (which was the week prior to the adoption of the resolution) and they indicate that there is a statement that there is not one public protest, there is not one written protest...City Clerk Campbell stated that was not a public hearing, it was a report; had it been a hearing we would have said "the hearing." Attorney Lincoln said there has been no hearing; heAs still not sure that this would change the opinion of the counsel that the City Council resolution is not final; the fact that they did have a City Council resolution, regardless of whether or not there is a hearing, should have ended the jurisdiction of the City Council. Mayor Morgan asked if Council could make a motion to refer this to the attorney and the planner and they would make a...Council would make a determination and if they saw fit they could put it on the agenda next week; otherwise if they feel it has to go back then they would be authorized to take it on back to the Planning Department. Attorney Lincoln said he thinks that would be appropriate. Moved by Morgan, seconded by Reid, the Mayor's recommendation be approved. In answer to the question of whether or not the attorney and the planner will make the determination as to whether it has to go to the Planning Commission, Mayor Morgan said the attorney will make that decision. There was further discussion. Carried, by the following vote, to - wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. PUBLIC HEARING The HEARING on proposed AMENDMENT TO NATIONAL CITY SIGN ORDINANCE (No. 1315) to provide for "Temporary" subdivision signs in connection with Business and Industrial Subdivisions was held at this time. City Clerk Campbell stated the Planning Commission recommendation was on the agenda (recommended Section 3-N-3.d of Ord. 1315 be amended to read "Subdivision Signs - temporary signs pertaining to and in con- nection with housing, business and industrial subdivision, within the City, subject to following requirements:" [requirements not stated]) and the Certificate of Publication is on file. Planning Director Gerschler stated the Planning Commission recommends this case that will allow the same privileges now enjoyed by residential properties subdivisions, will also be enjoyed by commercial and industrial sub- divisions. No one was present to speak in this regard. Moved by Camacho, seconded by Reid, this hearing be closed and the proposed amendment to National City's Sign Ordinance to provide temporary sub- division signs in connection with businesses and industrial subdivisions be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON spoke in regard to the minutes of the Park and Rec. reation Advisory Board for the Tree Program, asking the City Manager if there is any study being made by the staff as to the possibility of including some businesses being allowed to use the trees that we appropriated money for. City Manager Bourcier said yes, he under- stands Council directed the Manager's office to do a study on that; they are working on it right now. COUNCILMAN PINSON inquired about the removal of that dirt at Las Palmas. City Manager Bourcier said we are at a standstill. COUNCILMAN REID asked the City Manager's office if they have had any complaints about the marking in the berm on 30th Street east of Edge - mere (to make a left to go up the hill); he has had several complaints; he sat down there for a hour and saw two people straddle it and they won't turn; he feels there is something wrong; could this be checked out. Mayor Morgan stated he has talked to the engineers and he is working on this. City Manager Bourcier said they would look at it. COUNCILMAN CAMACHO asked to be kept abreast of the two properties dis- cussed at last week's meeting in reference to evicting them from the 8/26/75 134 Redevelopment Project; the plating company and Mueller Trucking. City Manager Bourcier said he would do so. COUNCILMAN PINSON said some time ago Council directed staff to remove all the islands from National Avenue south of 30th Street; staff de- cided it was a little confusing, they thought we just meant part of the islands; now, what he would like to know is if it was the intent of Council to remove all islands. Moved by Pinson, seconded by Reid, to continue that project and get those islands out of National Avenue. City Engineer Hoffland said at that time the Traffic Safety Committee reviewed the situation, they were concerned about traffic turning in- discriminately south of that turn pocket and felt that there would be a safety problem at the turn pocket on the south side of 30th; it was their discussion during their recommendations that the islands be re- moved south of the turn pocket; he requested Council send this back to the Traffic Safety Committee before the work is ordered. Mayor Morgan suggested this be done. Councilman Pinson said he also recalls that one of the stipulations Council put on that at the time was National Avenue, all of National Avenue, as far as the City limits would have the double striping in it so you could turn left at any place; that would include where you take the islands out it would have the double stripe down there. Motion and second withdrawn. Moved by Pinson, seconded by Camacho, this be referred to the Traffic Safety: removal of all islands on National Avenue south of 30th Street with double striping. City Engineer Hoffland asked if this was only to 33d or to 35th. Carried by unanimous vote. MAYOR MORGAN said there are one or two shopping centers in National City that are setting trash cans in their parking lots without any landscaping or blocks to screen it; and asked if we have anything requiring them to put in landscaping to hide this; he has seen some of these places there; they miss putting in the trash and trash is scattered around, it is an unsightly thing around these shopping cen- ters where people come in from outside of the City and in to the City. Planning Director Gerschler said our law on that subject is very weak; for the past two years on site plan review, we have required enclosed trash areas in commercial projects; we have done it without benefit of specific regulation, that has not been retroactive in any way; any shopping center that went in before that isn't made to comply; nor do we have a law that requires even if they have the enclosures they have to use them; it is the same type of problem we have requiring people to build garages, but not that they use them. Mayor Morgan asked it be checked and maybe contact the owners; if we need some stipulations, recommend them back to the Council. Moved by Reid, seconded by Pinson, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:00 p.m. City lerk City of Natio City, California The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of September 2, 1975. Elt; No corrections 0 Corrections as noted below ay • r City of National City, California 8/26/75