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HomeMy WebLinkAbout1974 10-08 CC MIN35 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 8, 1974 The regular meeting of the City Council of the City of National was called to order at 7:30 p.m. by Mayor Morgan. City ROLL CALL Council members present: Camacho, Dalla, Pinson Reid, Moran. Absent: None. Administrative officials present: Acting City Manager Biggs, Gerschler, Deputy City Clerk Gudmundson, Hoffland, McLean, Stenberg. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Acting City Manager Biggs followed with invocation by Mr. Sherman Scott, St. Mary's Catholic Church. (Councilman Dalla left Council Chambers at 7:31 p.m.) APPROVAL OF MINUTES Moved by Camacho, seconded by Pinson, the minutes of the regular meeting of October 1, 1974 be approved. Carried by unanimous vote,. Absent: Dalla. PRESENTATIONS AND PROCLAMATIONS (Councilman Dalla returned to Council Chambers at 7:32 p.m.) Acting City Manager Biggs presented a plaque to the Mayor and City Council on behalf of the National City Swim Club in appreciation of Council's support and cooperation. pe Mayor Morgan asked Acting City Manager Biggs to see that this is put in the trophy case. Deputy City Clerk Gudmundson read the Mayor's proposed proclamation, "United Nations Day, October 24, 1974." Moved by Reid, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the "United Nations Day, October 24, 1974" proclamation to Mr. Charles Jones, National City United Day Representa- tive, and asked Mr. Jones to inform Acting City Manager Biggs when the United Nations flag is to be flown at the Civic Center. Deputy City Clerk Gudmundson read the Mayor's proposed proclamation "Flu Immunization Month - October." Moved by Reid, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan said National City has the second largest senior citizen population in San Diego County; they congregate in the Community Building where they participate in various activities; there are those who feel the senior citizens can't do very much, but they have sacrificed so that we can have an easier time today. MAYOR'S APPOINTMENTS Mayor Morgan recommended Ernest Azhocar be appointed to the Civil Service Commission. Moved by Camacho, seconded by Reid, in favor of the Mayor's recommendation. Carried by unanimous vote. ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Pinson, the resolution be presented by title only. Carried by unanimous vote. 10/8/74 36 "RESOLUTION NO. 11,602, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Milorad S. Copic and Angela Copic, La Siesta Way in 1911 Act District No. 162)." Moved by Reid, seconded by Camacho, Resolution No. 11,602 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Moved by Camacho, seconded by Reid, this introduction of ordinance for first reading be by title only. Carried by unanimous vote. Ordinance No. 10/8/74-1, "An Ordinance Of The City Of National City, California Expressly Finding And Declaring That Changes And Modifi- cations To Certain Uniform Model Codes, The 1973 Edition Thereof Are Needed To Provide For Local Conditions." ' REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN reported receipt of a CLAIM from KENNETH M. REED for damages arising from condition of public -street street and recommended the claim be denied. Moved by Camacho, seconded by Pinson, in favor of the City Attorney's recommendation, Carried by unanimous vote CITY ATTORNEY McLEAN reported receipt of a suit against the City of National City challenging the legality the concerning the REZONING of theWESTSIDE; f the hearingALLOT MEASURE October 28 at 2:00 p.m. is set for APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 8,126.54 Traffic Safety 4,285.19 Park ' 137.59 Gas Tax 2107 165.25 Revenue Sharing Fund 153.70 Sewer 477.36 Redevelopment -Bonita Center 844.30 Total $14,189.93 Moved by Pinson, seconded by Camacho, the bills be paid. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. PAYROLL for the period ending September 30, 1974 in the amount of $142,435.61 audited by the Finance Committee was presented. Moved by Pinson, seconded by Reid, the payroll be paid. following vote, to -wit: Ayes: Camacho, Dalla, Pinson, RReidy te Nays: None. , Morgan. REFERRALS Communication from City Manager stating at the February 26, 1974 meeting, Council directed TAXICAB LICENSE FEES be changed from $50 each for first 20 cabs to $25 per cab up to and including 20 cabs, and all over 20 cabs an additional $5 fee; if Council still wants to change cab license fees, Ordinance No. 1125, Section 2, should be changed to reflect the new rate in time to mail out with license renewal notices, was presented. Moved by Pinson, seconded by Morgan, to amend the proposal of February 26 to charge $50 per cab up to and including the first 20 cabs and then $10 per cab thereafter. Councilman Dalla said he favors a reduction that would benefit all the cab companies;this motion would basically favor only one cab company; he would propose Council reduce the fees to $25 for every cab; in that way Council would be reducingthe fees by an equal percentage for every cab company. There was discussion. 10/8/74 37 LEE MOORE, owner of DIAMOND CAB COMPANY, was present and said paid $2,400 for 48 cabs; he is onlyhe National City; he doesn't think it's pfairtthat2a ca 7 in the City of pay as much as an entire shopping center b company should business in this town; in this country taxicabs haul ua permit8of to all do passengers hauled, this includes airplanes, buses, and 8trains; taxicabs are performing service around the clock when no other fo of transportation is doing so. Carried by the following vote rm to -wit: Ayes: Camacho, Pinson, Morgan. Nays: Dalla, Reid. UNFINISHED BUSINESS Communication from Assistant City Manager regarding a FIRE ALARM SYSTEM for UNDERGROUND UTILITY DISTRICTS 4 and 6 and the expenditure of $9,975 be authorized from unallocated reserveg of Capital Outlay Account 3, and reports from the City Engineer and Fire Chief in this regard were presented. Moved by Camacho second by Dalla, that we go with the City Manager's recommendation. ed Councilman Reid said he would like the City Manager to come up with a report where this is necessary; other cities are doing away with this system. Carried by unanimous vote. NEW BUSINESS CONSENT CALENDAR items (la -lc) were presented. a. Recommendation by Assistant City Manager that minutes of September 11, 1974 meeting of Traffic Safety Committee be approved and filed without further action. inutes b. Recommendation by Assistant City Manager that Mminutes aofached.) September 19, 1974 meeting of Street Tree and Parkway Committee be approvedand filed without futher action. (Minutes attached.) c. City of Oceanside Resolution No. ng the State/Local Government Planning -Coordination 197 n Pilotg od Peot. (Letter from Oceanside City Clerk attached.) Projecect, Moved by Camacho, seconded by Dalla, this be filed. Carried by unanimous vote. Communication from Vice Mayor Camacho requesting the month of APRIL 1975 be declared "HERITAGE MONTH" was presented. Moved by Pinson, seconded by Reid, in favor of Mr. Camacho's request. Carried by unanimous vote. Application by JOHN H. AND EVELYN R. JENKINS AND MAX LERCHER, dba HOW -NOW CAFE, 841 National Avenue to exchange Type 48 (On -Sale General Public Premises) liquor license to Type 47 (On -Sale General, Public Eating Place) liquor license and the Police Chief's memo recommending three conditions be requested of the Alcoholic Beverage Control Board before the license is issued were presented. Moved by Pinson, seconded by Camacho, this be protested. Councilman Pinson said this will change the number of people that go in there; he does not feel they have adequate off-street parking; what is hap enin to that other license? MAX LERCHER, 825 National Ave. p g usiness address), was present and said he is one of the parties( in this license; the license they have now is a beer license; their request is not for a traditional cocktail license, it's also a food license connected with it; he assumed he will give the existing license up and have this new license; he does have food there and has had food there for the past five years; he has kept the restaurant open for 24 hours a day. Councilman Pinson asked where they stood on the problem of the area being saturated with whisky licenses? City Attorney McLean said it is up to the Council to make that decision; the Council did at one time describe a saturated area and if he recalls correctly this address is within that area he is sure; the Council said at that time, after considering all the facts available, that it was contrary to the best interests of the City to allow any more liquor licenses in that area; you can look at it 10/8/74 in one of two ways; you can say they are trading so they are not violating the saturated zone be cause we another rather have a restaurant than a barwe would intense kind of alcoholic you could say this is a more beverage activity and does violate the desires of Council and object to it; it is up to policy. Councilman Pinson said one of the Police Council to imakepul the tions is that the food sales has to exceed the whisky 1ef s stipula- tions - does Council know this?y ski sales; how have to call for an investigation oifeY McLean said the City would such a condition exists there is reason to believe you can call ABC and tell them; they send someone out to look at their books and check the tax re that doesn't happen automatically. Councilman Dall receipts, esu of protesting this is essentially that it remains beeraaeld joint. result City Attorney said the result of protesting it is A i vThe hold a hearing they will come forward and presentBC their grounds have to for getting a license, and he would appear on behalfof ghouCdt the hearing officer makes a determination and recommendation, City; it is against the applicant, he has the right to altothe if board which sits in Los Angeles and they make a final d to full Mr. Lercher said they haven't made any determination. feel there is ample parking around the area. Moved they seconded by Camacho, to table this for one week. City Attorney rni McLean asked Mr. Lercher when he filed the application. .Le said they filed the first part of September. p City Attorney McLean an said the time may be runningout;he suggested McLean to take this action we may learn tomorrow the if Council is going run out. Moved by Pinson, seconded bytime to protest has file the rotest endin investi ation Camacho, tth City has thehe authority to char a it (amended motion).at he has by unanimous vote. Amended motion carried Communication from Assistant City Manager Stenberg re following recommendations made by the TRAFFIC SAFETY regarding the their September 11 meeting, a) intersection at 4th St. iat s Ave. be made a 4-way stop,b)t. and Harbison long section on 13th St. east of Wilson be prohibited for a 50' signs be installed for parking lot exit toe8thcSt. from turn only" National City Christian Day School, and d)A from the southbound between 12th St. and National ve.fia Ave. at ding one-wayl parking be approved for this one block section of "A" Ave.;vgonal communication from Sharon Golles, 1415 Mariposa St., e petitioning for a 4-way stop at intersection of 4th St. Diego, Harbison Ave. and attachingand presented. Moved by Pinson, seconded by 105 people, were b and c • Carried by unanimous vote. MayoraMorg'annsaavor of a City Manager Biggs if approval of Item d would createseed Acting there? Mr. Biggs said it will; it has been reviewed byxtthhe parking Engineer and Chief of Police and assumes they agreed iy e City th recommendation. City Engineer Hoffland said the original he recommen- dation was the Chief of Police's recommendation; he needsadditional parking for his police officers that come some afternoon and the parking is pretty well filled; he won in the of the parking for the staff in that area; from filled; erlike some standpoint, they see nothing wrong with the proposal; ify to diagonal parking, there is only sufficient width for you goy traffic; this would possibly reduce the problem at the intersection of National and "A". There was discussion regardingIytaccecsion for police cars going out on calls. Moved by Morgan, easyhaccess be approved as recommended. Motion died for lackof erns item Moved by Pinson, seconded by second. following vote, to -wit: Ayes: Reid, we deny item d Carried by the Nays: Morgan. Camacho, Della Pinson, s Reid. Communication from Assistant City Manager Stenberg recommending 10/8/74 38 39 CLAIM against the City by TERESA BARRERA be denied and referred to the City Attorney for processing was presented. Moved by Pinson, seconded by Reid, in favor of the Assistant Cit Mana er's recom- mendation. Carried by unanimous vote. Communication from CEDU FOUNDATION, INC. requesting permission to conduct campaign in National City in 1975 and License Collector's recommendation this be approved were presented. Mo this be denied. Motion died for lack of second. Movvedbb Morga, seconded by Reid, this be appr��. Carried by the following gan, vote, to -wit: Ayes: Camacho,9alla, Reid, Morgan. Nays: Pinson. Vice Mayor Camacho introduced Mrs. Manager's wife) who was in the audience. Biggs (the Acting City REPORTS ACTING CITY MANAGER BIGGS requested an Executive Session tonight regarding a legal matter. Mayor Morgan said he will call an Executive Session on legal and employee/personnel. ACTING CITY MANAGER BIGGS brought to the Council's attention t at the regular Council meeting of October 22nd there will not be a majority of the members present due to the League of California Cities meeting; October 29 is a dark night; November 5 is Election day; this means there will be three Tuesdays that there will be no meeting; they are recommending that Council consider holding a meeting on October 29. Moved by Reid, seconded by Camacho, in favor of the Acting City Manager's recommendation of October 29 at 7:30, the regular conference and meeting. Carried by unanimous vote. ACTING CITY MANAGER BIGGS reported construction has started on Division Street and they now have a new construction schedule. ACTING CITY MANAGER BIGGS reported the Pike Hodge problem, which came before Council last week, has been resolved; Mr. Hodge and his Engineer had a meeting with Mr. decided to follow the procedures of thesordinancechlr; Mr• Hhas meetings will. be required. andoHodge no further COUNCIL COMMUNICATIONS MAYOR MORGAN said in accordance with the ordinance, building permits in National City run out within 120 days; it is difficult'to get financing and get going today within this time; when it runs out they may have to pay half of the license fees again; he realizes the State laws say this is proper, but feels it could be the olio of this City that maybe these permits would bep y Moved by Morgan, seconded byReid, it would be the for a yfat Council that it would be extended for a policy of the year. City Attorney McLean said Council would have, to theesy ofaordinance Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid~ Morgan. Nays: Dalla. COUNCILMAN PINSON said in regard to the lack of parking at City Hall, how about the City Manager looking into this matter and try to find some parking down there for the Police Department; he would like to see if the City could purchase some land across the street for a parking lot. Vice Mayor Camacho said Mr. Osburn is in the process right now of talking with the property owners on that side; he is hoping to come to an agreement to exchange City land for this particular area that will serve as parking for the City. Mayor Morgan called an Executive Session on personnel and legal matters at 8:29 p.m. 10/8/74 Mayor Morgan called the meeting back to ord er at 8:54 p.m. ROLL CALL Council members present: Caznacho, Dalla Pi , nson, Reid, Morgan. . Absent: None. Mayor Morgan October 9 at favor of the The meeting said he recommends this meeting be adjourne 4:00 p.m. Moved by Camacho, seconded b d to M a ror's recommendation, Carried b y Dalla, in adjourned at 8:55 p.mY unanimous vote. p.m. 40 C'ty Clerk City of National City, California By: Deputy The foregoing minutes were a o of National City at the regular meetin the City Council of the City 9 of October 15, 1974. riNo Corrections 0 Corrections as noted below Mayor, Cit of a'' Ln.1 City, California 10/8/74 Pages 41 through 50 were omitted in error.