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HomeMy WebLinkAbout1972 02-15 CC MIN71 MINUTES OF THE REGULAR MEETING OP THE CITY COUNCIL OF THE CITY OP NATIONAL CITY, CALIFORNIA February 15, 1972 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL. CALL. Council members present: Camacho, Reid, Waters, Morgan. Absent: Hogue, Administrative Officials present: Foster, Gerschler, McLean, Minogue, Osburn, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Plag led by City Manager Osburn followed with invocation by Mrs, Marie Abernathy, St. Mary's Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of February 8, 1972 be approved. Carried by un aan imous vote. Absent: Hogue, Councilman Hogue arrived and took his place at the Council meeting at 7:32 COUNCIL COMMUNICATIONS P• VICE MAYOR WATERS referred to his request that the City Manager check into the feasibility of public restrooms in the South Bay Plaza; the City Manager wrote a letter a tly four lines long to South Bay Plaza; the reply from Mr. Janke) appear d in the local newspaper. The Vice Mayor read Mr. Janko's letter aloud. V ce Mayor Waters said for the benefit of the Council, he wrote Mr, Garrett a letter: "Dear Mr. Garrett, If you see the letter I instructed the C ty Manager to send the Plaza regarding a letter for a feasibility of p blic restrooms, I believe you will feel that Mr. Jankowas not justified in his comic remarks; he doesn't sound responsible to me, Sometimes you erti se and it is not the answer for the convenience and helping the publ c. Last year I supported the Plaza and the Chamber to have the City do ate $10,000 to advertise the business of the City to sti- mulate retail sa es which was $60,000 behind and we were concerned because this is the lifeblood of our community. I did not degrade the Plaza. I just asked for a feasibility of public restrooms because I have had fifty- six requests fro the public. This is over a 51 month period. When 2 do anything involve in anyone's business, it must be done directly through City channels so people don't put out information like Mr. Janko..." ORAL COMMUNICATION'' JOE TUMINTING, 26 dinner for Grange Building. E. H. ALSDORF, 21 it was a City dea could place anoth cost too much; he deal. Mayor Morg missed him and ha 1 E. 1st Street, was present and announced a fund raising Music Hall„ 5 p.m. Sunday, March 5, in the Comnuni t y 5 J Avenue, was present and said this wasn't a Plaza deal,• they placed toilets down in the park area and they r one in the business area and he didn't think it would thought this was the easiest way out of this kind of a n told Mr. Alsdorf they were glad to see him back; they been worrying about him. ADOPTION OF RESOLUTIONS Moved by Cwnacho, seconded by Waters, the resolutions be read by title. Carried by unani us vote. 2/15/72 72 RESOLUTION NO. 10,572, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962 (Z .90--7/, 2813 Highland Avenue, San Diego Calculator Co.) " Moved by Waters, seconded by Reid, Resolution No, 10072 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,573, "RESOLUTION DETERMINING TO CONSTRUCT PUBLIC WORKS WITH CITY CREWS (Swimming Pool Repairs and Reconstruction)." Moved by Hogue, seconded by Camacho, Resolution No, l0O 573 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,574, "RESOLUTION ACCEPTING BID POR HIGH VELOCITY SEWER CLEANER( Specification No. 72.1).," Moved by Reid, seconded by Hogue, Resolution No 10 574 be ado t d, Carried by unanimous vote, RESOLUTION NO. 10,575, "RESOLUTION ACCEPTING up POR A POUR WHEEL STREET SWEEPER (Specification No. 72- 2) ." Moved by Waters, seconded by- Reid, Resolution No, 10*575 be adopted. Carried by unanimous vote. RESOLUTION NO., 10,576, "RESOLUTION RBAPPXRMING INTENTION TO EXTEND TIDELANDS AVENUE TO ROUTE NO. 54." Moved by Hogue, seconded by Camacho,, Resolution No. 10, 576 be adopted# Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. CITY ATTORNEY McLEAN said the Council instructed the staff to investigate the best method of funding a senior citizens home, a multi --purpose community center building, and a city operation center; he reported to the Council after consulting with their bond lawyers that it would be necessary to sub- mit the question of the senior citizen home to the public in a referendum; that issue is now called for the ballot; they also informed the Council it appeared the best method for funding the community center building and the operation center which were Joint Powers Agreement with San Diego County; the Council ratified their attempt to negotiate with the County for a Joint Powers Agreement; they have not yet received a binding committment from San Diego County to participate in funding a Community Center Building and Operations Center through a Joint Powers Agreement; tonight is the last night to adopt .a resolution and present an ordinance calling for a general obligation bond funding for a multi -purpose community center building and an operation center; if the Council wishes to have these two matters on the ballot as general obligation bond issues they must adopt the resolution and have the first reading of the ordinance relating to the two; if on the other hand, the Council wishes they can continue to negotiate with the County on the assumption they are going to agree to participate in the Joint Powers Agreement; if those negotiations fail, they could present the two bond propositions at a later date through a special election. City Manager Osburn said this was discussed with the County today; they gave no indica- tion there was anything of a problem along forming a Joint Powers it just takes them so longto Agreement; get through their process of referring this to their various departments for their reports; they said they would not have an answer prior to next week; there was another election in June; if the Council was willing, he would recommend they not put this on the ballot and wait for the County; In the event they do say "no" they could go ahead with it in June. Moved by Camacho, seconded by Reid, the City Manager's recommendation be ap roved that he be aut rized to ursue this Joint Powers Agreement with the Count continue with the Senior Citizens Com lex on the ballot this centime' Aril. There was discussion. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1301, "AN ORDINANCE AMENDING ORDINANCE NO. 962 AND ORDINANCE NO. 1077, ZONING ORDINANCES OF THE CITY OF NATIONAL CITY, CALIFORNIA, TO PROVIDE POR THE ON, SALg OF BEER AND WINE IN BONA FIDE EATING PLACES AS A PERMITTED USE IN THE C-.2-PD ZONE," was presented for second reading. Moved by Camacho, seconded by Waters, the ordinance be read b title. Carried by unanimous vote, The title was read. Moved by Waters, seconded by Caaaacho, 2/15/72 73 Ordinance No. 1301 be adopted. There was discussion. E. H. ALSDORF said, about two months ago he had occasion to protest to the ABC a liquor license for the San Diego Theatre in the San Diego Community Building; that has not been granted so fax as he knew and they agreed to advise him what their action was. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said the Council asked him to report concerning the ability of the Council to award an applicant a 10-year towing contract; he reviewed the ordinance and resolution relating to tow car regulations; it was clear that what was embodied in the ordinance and resolution was an exercise in the City's police power and one City Council could not bind another City Council to an unreasonable restriction on the exercise of the City's pc2ice power; it appeared to him that if this Council would give the tow car operator a 10--year exclusive right to operate, that grant would be subject to revocation by a future City Council; sirsinWthat appeared to be the situation, he thought they would be doing the businessman Involved a disservice to go through the motions of giving him some right that they couldn't legally support at a later date; he concluded in the report he circulated that his recommendation was the Council continue to follow the present ordinance and resolution concerning tow car service regulations. There was discussion. Item 1 under "Unfinished Business" ("Communication from City Manager recommending advertising for bids for towing contract under same rules and regulations as now exist") was brought to the floor. Moved by Waters, seconded by Camacho, the City Manager's recommendation be approved they go to bid for a two- ear contract for towin . Carried by unanimous vote. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $30,664.75 Traffic Safety 3,910.39 Park 210.65 Retirement 23,217.70 Drainage 860.00 Sewer 1,281.80 Total $60,145.29 Moved by Hogue, seconded by Reid, these bills be approved. Carried by the following vote, to--wi t : Ayes; Camacho, Hogue, Reid, Waters, Morgan., Nays: None. REFERRALS' The agenda listed an oral report by the City Manager in regard to the real property (30th and Grove) to be dedicated as a park. Moved by Hogue, seconded by Reid, they approve the City Manager's recommendation according to his letter dated February 14% 1972 that this property be ac .uired and added to the park. Carried by unanimous vote. UNFI NI SHED BUSINESS The Council considered a transmittal from the Planning Department in regard to a resolution of the National City Citizens Advisory Committee on Resi- dential Development Standards recommending to the City Council an amendment to the Zoning Ordinance revising residential development standards and approval of procedures for multi -family dwelling unit projects. Moved by Hogue, seconded by Camacho, the recommendation of the National City Citizens Advisory Committee pertaining to the development of residential areas be approved and referred to the Planning Committee. There was discussion. Carried by unanimous vote. 2/15/72 74 The agenda listed an oral report by the City Manager SO regard to insurance.. City Manager Osburn stated they received a notice their insurance was going up some $10,000 per year due to their loss record last year; they did have a broker go into the open market and attempt to beat this; he was success- ful, or partially successful, in coming up with a policy that in the final analysis would be about $1,641 cheaper than the present policy but it lowered their riot and civil commotion insurance to $300,000 in place of $1,000,000; he recommended they continue with the same liability insurance carrier as last year. Moved by Reid, seconded by Camacho, the City Manager t s recommendation be approved on iiabilit insurance. Carried by unanimous vote HEARINGS The HEARING ON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE, ORDINANCE NO. 962, TO REQUIRE SPECIAL USE PERMITS FOR ENTERTAINMENT TYPE USES IN ALL ZONES AND SPECIFYING REGULATIONS RELATED THERETO was held at this time. City Clerk Minogue stated the Planning Department transmittal was attached to the agenda and the Certificate of Publication was on file. Planning Director Gerschler said the Planning Commission held a public hearing on this matter and recommended to the Council they adopt the regulations as outlined on the agenda; the proposal, lists the specific kinds of entertainment uses that would be affected; this would have no effect on existing entertainment uses in the City but would apply only to new uses which wish to be estab- lished. DAVID WIGNALL, 508 J Avenue, was present and asked that the City Attorney read what those entertainment uses are. City Attorney McLean read as follows: theatres, motion picture theatres, any commercial establishment where motion pictures axe in any way exhibited to the public, stage shows and live performances by entertainers, except musical performances by bands or orchestras/ dance halls, night clubs, bars, cabarets, billiard dens or parlors, burlesque, dancing exhibitions, pantomine and modeling, penny arcades, and peep shows. Mr. Wignall asked what were the regulations that govern these now. Planning Director Gerschler said the single regulation added was they be required to obtain a Conditional Use Permit that would have to be approved by the City Council; the effect of that is, the City Council on approving the Conditional Use Permit could attach whatever limi- tations, restrictions or conditions which they felt were in the public interest. There was further discussion. No one else was present in this regard. Moved by Waters, seconded by Hogue, the hearing be closed and Ordinance No. 962 to rewire special use permits for entertainment type uses in all zones be approved and all specifications of the Planning Depart- ment be adhered to. Carried by unanimous vote. ... The HEARING ON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE, ORDINANCE NO. 962, TO ESTABLISH STANDARDS FOR THE INSTALLATION AND MAINTENANCE OF DRIVEWAYS AND PARKING LOTS OPEN TO THE PUBLIC was held at this time. City Clerk Minogue stated the Planning Department transmittal was attached to the agenda and the Certificate of Publication was on file.. Planning Director Gerschler said on December 7, 1971 the City Council asked the staff and Planning Commission to prepare recommendations regarding this matter; the staff and Commission proceeded to do that; the Commission has held hearings on an amendment to the Code and transmits to the Council a recommendation that the requirement for paving a parking lot maintenance be adopted; there were no protests at the Planning Commission hearing; while the Commission was working on the case, the City Attorney brought In an interim emergency ordinance that would have if adopted placed a similar condition into effect immediately; that interim emgergency ordinance was not adopted by the City Council and failed for adoption by a 2-2 vote; that issue of an ordinance was not before them as that ordinance was dead; the issue before them tonight was the issue referred to the Planning Commission last December.. No one was present in this regard. Moved by Hogue, seconded by Camacho, the amendment to Ordinance 962 pertaining to the control of the establishment and maintenance of driveways and parking lots open to the public be approved. There was discussion. Motion failed by the following vote, to -wit: Ayes • Camacho, Hogue., Nays: Reid, Waters, 1brgan4 2/15/72 75 Councilman Camacho said during the four years he has been on the Council his wife had never attended a meeting and introduced his wife who was present in the audience. Vice Mayor Waters recognized Councilman Camacho's son, Joseph, who was also present. NEW BUSINESS An application for a carnival permit by the ;SHOW OF SHOWS February 17-20 at the South Bay Plaza Shopping Center, the Certificate of Insurance, a listing of the rides and games and the names of employees (promotional event for the merchants of the South Bay Plaza Shopping Center - all business license fees paid) were presented. Moved by Waters, seconded by Camacho, the lication for the Show of Shows February17-21 be a roved. Carried by unanimous vote. City Attorney McLean left the Council Chambers at 8:20 p.m. A communication from the CITY MANAGER in regard to group health insurance was presented. Moved by Waters, seconded by Hogue, the City Manager's communication be approved in regard to the increase in health insurance for City employees. Carried by unanimous vote. A communication from the CHIEF ADMINISTRATIVE OFFICER, COUNTY OF SAN DI EGO, in regard to the Regional Park Implementation Study was presented. Ordered filed by unanimous vote. A communication from the CITY MANAGER in regard to the request of Optimist International to sponsor DeWayne Brothers Circus Saturday, March 18, South Bay Plaza Shopping Center parking lot* and recommending approval of the request, Optimist International Circus Chai rman ' s request to sponsor the circus, proceeds to be used for youth activities and service within the community and requesting waiver of license and permit fees, and the Certi- ficate of Insurance were presented. Moved by Camacho, seconded by Waters, the request of Optimist International to sponsor DeWayne Brothers Circus be approved for March 18. Carried by unanimous vote. City Attorney McLean returned to the Council meeting at 8:21 p.m. A communication from the CITY MANAGER filing five items with the City Clerk (No Council Action Necessary): (1) Cert. of Ins. and amended Cert. of Ins. to correct UB 5320478 from The Travelers Insurance Co, covering Thomas A. Stollenwerk, dba San Diego House Movers, 4296 Menlo Drive, San Diego; (2) Cert. of Ins. from National Automobile & Casualty Insurance Co. covering Gaetan Maurais, dba American Auto Storage, 1708 Cleveland Ave., Policy No. 30GLA 44677; (3) Cert. of Ins. from Barney & Barney, llth Floor, 1010 2nd Ave., San Diego, covering Wm. L. Sale, dba Radio Cab Co., Wm,. L. Sale, dba 81 Cajon Radio Cab, 2504 "C" St., San Diego, Policy No. 72 C 208548; (4) Cert. of Ins. from National Automobile & Casualty Insurance Co. covesing American Towing, Inc., 1708 Cleveland Ave., Policy No. 30GLA 44678; (5) Cert. of Ins. from Allen T. Archer Co., 3200 Wilshire Blvd., Los Angeles, covering Bay Cities Ambulance, Inc. & O. Stephen Ballard & Ballard' s Ambu- lance Service, 335 "E" St., Chula Vista, Policy No. CA 24 66 73 was presented REPORTS CITY MANAGER OSBURN reported they have commenced repairing the swimming pool and it was proceeding quite well; in addition to the basic work they had requested to do, they would like very much to do some other items as follows: 11) check the propane system to be certain the valves and con- cols on it are working proeerlyi (2) to run a gas line from Palm Avenue down for the non-.i nterruptable service; (3) move the present heaters that are now in the swimming pool bui ldi ns and store those with the possibi li of using one or maybe both of them in the Public Works Yard; they are new heaters but they are about 15 years old; they have not been used since the 2/15/72 76 pool was put In. The City Manager said he would also like to have permission to transfer roughly $20,000 from the Capital Outlay Fund into the Swim Pool Repair Fund, Moved by Camac ho, seconded by Waters? the C3 t Man ear $ r ecom r. mends ►son to transfer 20 000 from t C tal Outl nd for the Swimmin Pool Re air Fund and hi oth r ee re a sts roved (amended motion) . Carried by unanimous vote, Mayor Morgan said he would like to call an Executive Session at this time. City Clerk Minogue asked first if they could file the items under the City Clerkts report. CITY CLERK MOUE reported receipt of: (a) a communication from the U. Sa Army Engineer Corps stating Imperial Beach has made application for a permit to deposit approximately 3,000,000 cubic yard* of material along 10,000 feet of Pacific Ocean shoreline fronting the City of Imperial Beach and inviting interested persons to submit written comments on or before March 3 and enclosing a map of the area; (b) San Diego County Employee Relations Policy adopted by the Board of Supervisors January 7, 1970; (c) Communication from San Diego Unified Port District enclosing (attached) their resolution 72.29 in regard, to the adoption of policy on a Joint Plan- ning Study on the City of Chula Vista; (d) Communication from the District Engineer, Department of the Army, Los Angeles District, Corps of Engineers, acknowledging receipt of National. City's resolution in regard to the second entrance to the San Diego Bay and stating the study which was suspended for lack of funds is scheduled to be resumed July 1, 1972; (At) Communication from Director, Office of Archeology & Historical Preservation, Department of the Interior„ in regard to the registration of Granger Music Hall on the National Register of Historical. Places. Moved by Hogue, seconded by Reid, all the i terns under the i t erk t s ort be filed. Carried by unanimous votes CITY CLERK MINOGUE said she would like to mention the closing date for fi ling arguments for and against the measure was February 17. Mayor Morgan said they would take care of that when they come back, MAYOR ?ORGAN called an Executive Session at 8:25 p,m,, The meeting reconvened at 8 ; 35 p.m. Council members present: Camacho, Hogue, Reid, Waters, Morgan, Absent: None. MAYOR MORGA,N asked the City Clerk if she would bring that item up now.. City Clerk Minogue stated the City Clerk has given notice that the time deadline for filing arguments for or against Proposition Sp the Senior Citizen Residential Center, is Thursday, February 17, Moved by Morgan, seconded by Reid, on re are an arse nt in favor of the SeniorCi ti zen Residential Center w, t h the a ".I p�arvval Council will-- sign it after Carried by unani aqus vote. 11 COUNCILMAN HOGUE Said he received in his mail today a letter from the National City Police Officers Association asking that the National City Police Officers Association be sole bargaining agent regarding wage and benefit negotiations for all sworn officers of the National. City Police Department, Animal Regulation Officers and Dispatcher Matrons, Moved by Hogue, seconded by Waters, this right be given to the National City Police Officers Association for bargaining for their own rights in the Association. City Manager Osbuarn said the City has recognized them informally in the past and the Myers Milias Brown Act requires it; they will have a resolution prepared for next week recognizing all three associations„ Mayor Morgan said then this motion is out of order at this time, Motion and second withdrawn,, COUNCILMAN HOGUE said Plaza Blvd„ has been torn up to install the sewer quite a while and asked how long it would be before a new layer of asphalt will be laid on that street to bring it back to a normal means of travel. City Manager Osburn said it should be done in Councilman Hogue's area in 2/15/72 77 the not too distant future. COUNCILMAN HOGUE told the Mayor before he became member of the County Board of Supervisors there were certain rules you follow and one is when a person has the floor he has the floor until he relinquishes his right; he would suggest the Mayor plan on that. COUNCILMAN HOGUE said a street should be cut through to relieve the traffic congestion caused by people who come down Plaza and turn south on Harbison; they have talked about cutting a street through and they have talked to San Diego about it; he thought what they should do was push that like they pushed other things and get this relief cut through; he was not exa ing this, he had seen cars stacked clear back bya-� lefthand turn by people trying to makkexate a people going to Paradise Hills.. City Engineer Foster replied there has been a tentative map presented to the City of San Diego; it has been reviewed by various departments in National City and they were held up some from back of sewer facilities; so far as he knew the City of San Diego or developers intend to go through with that which would build Reo Drive diagonally across this vacant property east of Harbison; then the City of National City would have to buy a house or two and hook it up to Harbi son Ave.; he had discussed this with the Manager and it has not been scheduled because they didn't know for sure when San Diego was going ahead Mayor Morgan asked if he would check with the City of San Diego and give them a report next week or the second week from now. City Engineer Foster said he would be glad to; he was surprised it hadn't come back before; the were quite actively working on it there about two or three months ago. Y Mayor Morgan said they have already got the agreement of running the sewer into Reo down to Harbison there; what they had to do was spread this out and gpt the right of way there, COUNCILMAN HOGUE spoke in regard to the vote on maintenance of parking lots and driveways in shopping center and areas like that. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:44 p.m. City Clerk Ad City Of National City, Ciforni a The foregoing minutes were approved by the City Council of National City at the regular meeting of February 22, 1972. El No corrections Correction as noted below May. r, +fit , of National City, California 2/15/72