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HomeMy WebLinkAbout1971 01-26 CC MIN1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY, CALIFORNIA January 26, 1971 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, Hogue, Reid, Waters, Morgan. Absent: None. Administrative officials present: Bourcier, Foster, Gerschler, McLean, Minogue, Stockman. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by Assistant City Manager Bourcier followed with invocation by Mr. E. H. Alsdorf. APPROVAL OF MINUTES Moved by Waters, seconded by Reid, the minutes of the re9ular meeting of January 12a 1971 be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR CAMACHO reported that on his request the Chief of Police circulated an inquiry regarding volunteers for the Narcotics Education Program; eight police officers and one dispatcher indicated an interest. The Vice Mayor continued this fell in nicely with the Rotarians offer to give their narcotics van to the City; the van arrived Friday, he inspected it and it is in good condition; Rotary will give title to the City with the stipulation that if the City finds that it cannot use it, they want it back. Mr. Camacho said he was gratified so many people had shown an interest in the Narcotics Educa- tion Program; the Chief of Police told him they could use the briefing room for discussions on this program. COUNCILMAN WATERS said he would appreciate the Star -News printing a correction in relation to his use of the term "Jew Boy," he now realized there was a possibility Jewish people might think he was running them down which was not his intention; he regretted if he hurt anyone's feelings; he didn't intend to and was very sorry. COUNCILMAN WATERS said Mrs. Hendricks (479-9481) called him and she is very interested in Shell Street and Lou Street; Lou Street is paved but Shell Street is unpaved and very rough and they have a lot of trouble with children throwing rocks, etc.; she would appreciate some indication from the City of when they intend to cover this street, or if they could, initiate something or some ideas of how to do it; in other words, like if they put in the side- walks, curbs, etc. and the City pave it, or something that could be worked out or some idea when they intend to that area. MAYOR MORGAN said he would like to appoint two members of the Council for one thing: to study a multi -purpose building for the City of National City; Mrs. Stockman and Mr. Watts met with Mr. Holloway and discussed such a building in the City of National City; he tells us there is money available, a 66% grant to the City; we have a Citizens Advisory Committee and Hazel is going to work with this committee and get something done; it would be awfully nice if Mr. Hogue and Mr. Reid would serve on this one problem to work out the location, type, size and what they think we should build and bring their recommendation back to the Council to see if they could get this under way to serve the people of National City. Moved by Camacho, seconded by Waters, the Mayor's recomp2221aIiaLttaamakItal. Carried by unanimous vote. MAYOR MORGAN said the tax sharing the President proposed was good; income tax leaves the State and City and not too much of it gets back; the City of National City needs more policemen and more firemen and more of everything; if the communities don't get behind this, it may not get through; he thought the Council should take a stand and send him a letter. moved by Hogue, seconded by Reid, the Council go on record as supporting the President's plan 1/26/71 2 of revenue sharing. Carried by unanimous vote. ORAL COMMUNICATIONS - None. The PROCLAMATION of "VARNELL RICHARDSON DAY" (January 29, 1971) was read. Moved by Camacho, seconded by Reid, then rocl,a�aation be ado ted. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Hogue, seconded by Waters, the resolutions be, read by title. Carried by unanimous vote. RESOLUTION NO. 10,260, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DIVISION OF HIGHWAYS, FOR CONSTRUCTION OF PEDESTRIAN OVERCROSSING AT 22ND STREET AND NEWELL STREET." Moved by Camacho, seconded by Hogue, Resolution No. 10,260 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,261, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Nonzeta - Division Street)." Moved by .iftters, seconded by Camacho, Resolu- tion No. 10 261 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,262, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of Division Street)." Moved by Hogue, seconded by Reid, Resolution No. 1Q 262 be ado Red. Carried by unanimous vote. RESOLUTION NO. 10,263, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION QUIT- CLAIM DEED (National Award Homes, Unit No. 1)." Moved by Hogue, seconded by Camacho, Resolution No. 10,263 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,264, "RESOLUTION AUTHORIZING EXECUTION (P AN AGREEMENT WITH THE NATIONAL CITY REDEVELOPMENT AGENCY FOR SERVICES AND SUPPLIES . " Moved by Camacho, seconded by Hogue, Resolution ,No, 10,264 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,265, "RESOLUTION APPROVING PETI TI ON AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (Alley between ' Q' Avenue and 'RI Avenue and between 5th. Street and 7th Street)." Moved by Waters, second- ed by Reid, Resolution No. 19,265 be a adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. RESOLUTION NO. 10,266, "RESOLUTION APPROVING PETITION AND DIRECTING ENGINEER TO FURNISH PLANS, SPECIFICATIONS AND ESTIMATES (Alley between Harding and Wilson, South of 17th Street)." Moved by Hogue, seconded by Waters, Resolu- tion No. 10,266 be adopted. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. , "An ordinance amending Ordinance No. 1216 relating to issuance of Special Use Permits for the sale of gasoline as an accessory or incidental use," was presented for second reading. Moved by Camacho, second- ed by Reid, the ordinance be read by title. Carried by unanimous vote. The title was read. There was discussion. Moved by Hogue, seconded by Waters, this ordinance amending Ordinance 1216 be disapproved. Motion failed by the following vote, to -wit: Ayes: Hogue, Waters. Nays: Camacho,, Reid, Morgan. There was discussion. Moved by Camacho, seconded by Reid, the ordinance amending 1216 relating to issuance of Special Use Permits for the sale of gasoline as an accessory or incidental use be adopted. There was discussion. William McKenzie, Attorney, Suite 2100, Charter Oil Building, San Diego, representing the Southland Corporation, was present and said last week they asked for a continuance in a matter in connection with a 7-Eleven store; they are in opposition to this particular ordinance; this is a trend that exists elsewhere in the country and there are a number of similar installations in the county; in the county itself they are at Encinitas, Vista and a number of other cities of National City's size that went along with this; they feel there should be criteria set by the Planning Commission in order to provide 1/26/71 3 for the necessary traffic problems, items of safety, etc.; they are willing to work with the Planning Commission; they would be willing for a continuance and to have a reasonable period of time to get a report back to the Council before the matter was brought back up again; however, he did want to go on record as opposing the adoption of this present resolution on the grounds he had given to them in their memorandum; this is not the type of measure which was subject to emergency legislation. Jim Sutherland, 396 Dominguez Way, El Cajon, was present and said he had been attending their Council and Planning Commission meetings and had heard several matters specifically covered under this ordinance come up before both bodies; the matters brought before these bodies were brought by independent businessmen, not a large national concern; Southland Corporation, although they are a large national concern, operates with franchised owners in their stores; these men are, in fact, independent businessmen trying to make a living; the other applications that were brought up were by a local supermarket, a drive -through dairy which was locally owned; he would like to point out to the Council that these businessmen are the people who participate in the community and support civic endeavors within the community; they are the people who put their confidence in you gentlemen in the fact that you gentlemen do represent a cross-section of the community and probably justifiably so; they are looking to you gentlemen to support the principal of free enterprise, to say to them that it was Silright, that it was the Christian thing to do or from another viewpoint that the little business- man has, in fact, a right to the opportunity to decide how to run his own business and an opportunity to succeed or fail; each of the Council members in his own way had at one time stood for this very thing. Mr. Sutherland said he understood the Mayor had an interest in a piece of property that was leased to the Standard Oil Co. and asked if that was correct. Mr. Sutherland said his point was that if the Mayor does, it would seem to him that in view of the Mayor's voting record in the past, that he would support the right of the man down the street to do the same sort of thing, not a gas station but an allied sort of business; he knew from the Mayor's voting record in the past that he was not one to say to somebody it was all. right for him to do some- thing and not for him. City Attorney McLean said he would have to declare Mr. Camacho's motion out of order. City Attorney McLean said he wished to point something out to them; he was just reading the Planning Commission letter to the City Council for January 12, 1971 in which the Planning Commission recom- mended that the ordinance be adopted as an interim measure; he wrote in in his own hand the appropriate language to make this an interim ordinance and it provides that the Planning Commission must hold a hearing on the matter within 90 days. City Attorney McLean read the ordinance, "An Ordinance Amending Ordinance No. 1216 Relating to Issuance of Special Use Permits for the Sale of Gasoline As An �sory or Incidental Use" in full. The City Attorney said this provides,/Aio comply with the State law that the Planning Commission will hold a hearing on the issue; he did not think the hearing the Planning Commission did hold in this matter would comply with the state law. City Attorney McLean said they could pass on to the next business now as this constitutes the first reading of the interim ordinance. REPORT OF CITY ATTORNEY .. None CHUCK SHANNON, owner of barber shop at the South Bay Plaza, was present and said he had been handed a petition to submit to the Council; this was on the ordinance on barbering in California; it was about the laws on the price and rules and regulations on barbering in California; he would like the Council to read. Mr. Shannon gave the petition to the Mayor. APPROVAL OF BILLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $3,297.74 Traffic Safety 2,308.51 Capital Outlay 1,273.14 Park 781.13 Gas Tax 2106 50.00 Trust & Agency 1,250.00 Sewer 909.13 Total $9,869.65 1/26/71 4 Moved by Camacho, seconded by Reid, these bills be paid and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. REFERRALS The agenda listed an oral report on the 35 mph speed limit on 8th Street, Palm Avenue to K Avenue, and Plaza Boulevard from 1) Avenue to Highland Ave- nue. Moved by Hogue, seconded by Waters, this report (written report of Cit En ineer and Police Chief dated Jan. 22 be filed. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: Morgan. UNFINISHED BUSINESS The request of MR. CHARLES DANIELS in regard to his development at 2039 L Avenue (map attached) was presented. Assistant City Manager Bourcier recommended this item be referred back to the staff tor a period of 14 days during which time they would contact all of the property owners in this area and tell them that Mr. Daniels has requested a building permit and if the permit is granted it will kill any effort to put M Avenue in in this area; if they do not hear from these property owners within 14 days with their approval to enter into a 1911 Act, a building permit will be issued Mr. Daniels. Moved by Hogue, seconded by Waters, the Assistant City Manager's recommendation pertaining to this _property at 2039 L Avenue be approved. Gary Ellingson, Attorney, Suite 1108, San Diego Trust & Savings Bank Build- ing, San Diego, was present and said he represented Mr. Daniels and Mr. Rindon in their efforts to get a building permit for their property located at 2039 L Avenue and outlined the background of their attempt to obtain a building permit. Mr. Ellingson said the City should grant the building per- mit as it exists; he did not see how closed M Street could be of any use and did not think there was actually a need for it. Motion carried by unanimous vote. The request for an oversized driveway at the northeast corner of 7th and C, recommendations of the Planning Director and City angineer the request be denied, the application for the oversized driveway and a map were presented. Moved by Hogue, seconded by Camacho, this item pertaining to the request for an oversized drivewa at the northeast corner of 7th and C be tabled for one week. Carried by unanimous vote. A communication from the GOVERNMENTAL RIGHT OP WAY SECTION SUPERVISOR, SAN DIEGO GAS & ELECTRIC CO., in regard to the utility agreement, access road to Tidelands Avenue 11-SD-5/54, was presented. Moved by Camacho, seconded by Waters, this communication be held over for one week. Carried by unani- mous vote. NEW BUSINESS An application for person to person transfer of off -sale general alcoholic beverage license by MILORAD S. COPIC, DBA GEORGE'S LIQUOR, 2605 E. 18th Street, was presented. Moved by Waters, seconded by Camacho, the person to arson transfer of off.»sale license b Milorad S. Co is dba Gear e's Li uor 2605 E. 18th Street be a roved. Carried by the following vote, t o--wit : Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. A notice of public hearing by the LOCAL AGENCY FORMATION COMMISSION upon application for annexation of territory to the City of Chula Vista, hearing to be February 1 at 9:00 a.m., Room 310, 1600 Pacific Highway (map attached to the agenda) , was presented. Moved by Hogue, seconded by Camacho, this item pertaining to the annexation of territory be referred to the staff to bring back to the Council a recommendation as to whether they approve or disapprove because of rounding out the boundaries in the area. There was discussion. Motion and second withdrawn. Moved by Camacho, seconded by Reid, Mr. Gerschler be authorized to 90 before the Formation Commission and express his views on the boundary set by the Formation Commission. Carried by unanimous vote. 1/26/71 5 A communication from the CITY MANAGER in regard to a letter from the Area Director, Department of Housing & Urban Development, and recommending the Plaza Boulevard Sewer project be readvertised for bid and a communication from the Department of Housing & Urban Development were presented. Moved by Waters, seconded by Reid, this communication be laid over until the meeting of February 9. Carried by unanimous vote. A communication from the CITY MANAGER in regard to a four day workshop to provide in-depth training in various dimensions of drug education and recom- mending that Wayne L. Brown be the No. 1 candidate for the school and William F. Devaney the alternate was presented. Moved by Hogue, seconded by Reid, pertaining to the drug education workshop& the City Manager's recommendation be approved. Carried by unanimous vote. �..__.-_.. A communication from the CITY MANAGER recommending authorization of payment of assessment for •Rachael Avenue improvements, work done by the City of San Diego, was presented. Moved by Camacho, seconded by Hogue, this be approved the authorization of a ent for the Rachael Avenue im rovements work done by the City of San Diego. Carried by unanimous vote. The applications of CARNATION CAB CO. for renewal of 13 taxicab permits, BAY CITIES AMBULANCE, INC. for renewal of 4 ambulance permits and the RADIO CAB CO. for renewal of 8 taxicab permits (Certificates of Insurance attached), were presented. Moved by Hogue, seconded by Reid, the Carnation Cab Co., Bay Cities Ambulance, Inc. and the Radio Cab Company's app.icat ions be approved. There was discussion. -Mayor Morgan requested the Assistant City Manager to check with Chula Vista to see how they handle ambulance permits. Carried by unanimous vote. A communication from the DIRECTOR OF PARKS & RECREATION relative to zoo animal information was presented. Moved by Camacho, seconded by Reid, this item be filed. There was discussion. Carried by unanimous vote. Moved by Waters, seconded by Camacho, they authorize the Park & Recreation Director to buy a new goat. Carried by unanimous vote. A communication from the CITY MANAGER recommending the overhauling of the Hi -Ranger was presented. Moved by Hogue, seconded by Camacho, the recommen- dation of the Cittana er rtainin to the overhauling of the Hi -Ran er be approved. Carried by unanimous vote. REPORTS CITY CLERK MINOGUE recommended the subscription rate for Council minutes and for the Council agenda be set at $15.00 a year each. Moved by Camacho, seconded by Reid, the City Clerk's recommendation be approved that sub- scriptions be raised to $15.00 a year. Ernie Azhocar, 1605 Lanoitan Ave., was present and asked how much work was really attached to this; if it was not very much, he did not see the value of charging the taxpayer for some- thing of this nature; they pay enough taxes in this city; if it was some- thing that was going to create a lot of work, or had been creating a lot of work, he could see the validity of it. City Clerk Minogue stated no one was charged for the paper or the work that goes into it; they were hoping to break even on the post age . Carried by unanimous vote. CITY CLERIC MINOGUE reported receipt of the application of the Western Union Telegraph Co. before the Public Utilities Commission for an order authoriz- ing it to revise certain intrastate rates and charges - notice of pre -con- ference hearing, Monday, February 8, 9:30 a.m., State Building, San Francisco which was on file. CITY CLERK MINOGUE reported receipt of a communication from the City Clerk, City of Torrance, requesting the Council to urge the League of California Cities and the County Supervisors' Association to seek action by the State Legislature which will alleviate the problems of litter and waste disposal created by the sale of malt and carbonated beverages in disposable, non- 1/26/71 6 returnable containers (Copy of City of Torrance Resolution No. 71.-1 attached to the agenda). Ordered filed by unanimous vote. The Planning Commission recommendation the application for Zone Variance No. Z-81 by Mr. & Mrs. E. M. Murphy for permission to divide a parcel of land at the southeast corner of 20th Street and Lanoitan Avenue be granted subject to five conditions was presented. Planning Director Gerschler said he recommended approval subject to the five conditions suggested. Moved by Hogue, seconded by Cama.cho, the recommendation of the Planning Commission pertaining to Zone Variance No.,,Z-81 be approved with the five conditions. Carried by unanimous vote. Moved by Reid, seconded by Camacha, the meeting be closed. Carried by unan- imous vote. The meeting closed at 8:30 p.m. City C.er City of National Ci Y) Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of February 2, 1971. No corrections Correction as noted below Mayon,' Ci �' &(National City, California 1✓26/71