Loading...
HomeMy WebLinkAbout1971 02-02 CC MINMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OP NATIONAL. CITY, CALIFORNIA February 2, 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. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by Assistant City Manager Sourcier followed with invocation by Steve Gurney, Bahati World Faith. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minuteS of the regular raeeting of 1anut3y3Su1921jbe red. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN WATERS commented on a recent Star -News editorial which was critical of him; several weeks ago he made an unfortunate remark concerning an ethnic group; when he realized that his remark could offend members of the community he made a public apology before this City Council and asked that his apology be printed in the Star -News; he also made a personal and private apology to a representative of the Jewish community; in both cases his apologies were sincere; he was very sorry he had said something that could offend someone in this community; he was sincere when he made his apologies; the editorial in question went far beyond criticizing him for his conduct as a City council- man and attacked his personal integrity and honesty as a businessman; the editorial suggested that he was guilty of dishonesty in his business and warned people not to do business with him; he did not know why the author of the editorial decided to attack him personally and, apparently, to damage his business; he did know this type of irresponsible journalism was damaging to local government; there are many people in the community who would make ex- cellent members of the City Council; these honest people are discouraged from becoming candidates for public office because they are afraid that their personal integrity, their businesses, their ethics and even their families' good name would be dragged through the mud by the local newspaper; rather than help the community, this editorial has hurt the community by serving as another example why good people should not become involved in local govern- ment. VICE MAYOR CAMACHO said a group of young people (a car club) in the community would like to occupy one of the City owned facilities in the Redevelopment area; they want space to use rather than to be out in the streets fixing automobiles; he talked to the youth, the Mayor and Mr. Watts, Redevelopment Director, and he has come up with a building and they are hoping it will be vacated in approximately a month; they were hoping perhaps they could let this club utilize it until the time they will raze the building. Vice Mayor Camacho said he was pleased the young people involved in this have by-laws and rules; one of the main rules is that you can't be involved in any narcot- ics and they are going to govern themselves pretty good; the kids would be very happy to pay for the electricity and water and any utilities they will use; the Mayor and he explained this to them and they said all they wanted was an area in which to work; they would be very happy to do everything they could, their share. Councilman Waters inquired if they could have a report on everything; they should have something set up so that when it was time to move they could move them and there would be no problem; they would agree to move their equipment off or whatever it might be. Vice Mayor Camacho said he could pursue this further and bring a report back to the Council and then notify them the Council was interested in them and would make it available for them. Councilman Reid said he would like to have the address and to talk 2/2/71 8 to Mr. Watts about the liability and what it was going to involve before he voted on it; he would like to check it out all the way. Mayor Morgan in- structed the Vice Mayor to make the report. COUNCILMAN WATERS requested the Planning staff to check out a possible viola- tion at 2645 E. 15th Street; they say they are welding out in the street and in the front yard; it is an R-1 area and they should have the staff check into it; trailers are being built and things like this out in the street and people can't get down the street. MAYOR MORGAN said there is a crosswalk at approximately 26th and Highland Avenue; this crosswalk was put in when the Olivewood School was built; there is a gate out in front of the crosswalk; after the school opened, they de- cided the kids would come out and go across this non -intersection of Highland Avenue so they locked the gate so the kids would have to go up to 24th and Highland; we have had several accidents there recently; an 8 year old boy was hit in the crosswalk and now is in the hospital and hasn't come to yet; it is right in front of the Baptist Church on Highland Avenue. The Mayor recommended removing the crosswalk because of the danger to children in the crosswalk who think they are protected. Moved by Hogue, seconded by Camacho, the Council have the crosswalk removed at this location. Carried by unani- mous vote. ORAL COMMUNICATIONS E. H. ALSDORF, 2105 J Avenue, was present and called Council's attention to the high wall which blocks the view of traffic where 14th Street is being opened near Food Basket and the bank. VERNE F. McLEAN, 911 Angelo £)rive, was present and said two weeks ago he saw the Council shoot down a project the Mayor proposed and spoke in favor of the acquisition of the building at 9th Street and National Avenue. Jai JOHNSON, 6►39 Windsor Circle, Chula Vista, was present and said he was the Chairman of the South Bay District Explorer Committee of the San Diego County Council of Boy Scouts of America; along with the Mayor, they sat through a very moving experience last Saturday night where one of National City's teachers from Central School, Mx, Fred Province was awarded the Silver Seaver; what he was doing tonight was being done also in Imperial Beach and Chula Vista; it is a request for an endorsement of a unique plan to take place in the South Bay area, the formation of a Disaster Squad to be composed of the members of the various explorer posts from throughout National City, Chula Vista, San Ysidro, Sunnyside, Bonita; these young people would make application to join this Disaster Squad; there will be educational and physical requirements; when they have completed and they have an approved application, including a parent release, they will then be cross -trained by explorers from other posts; right now they have a first -aid course being put on by the members of the Chula Vista Fire Department Explorer Post; the next move will be crowd control. Mr. Johnson gave copies of letters of endorse- ment from Bill Winters, the Chief of Police from Chula Vista, Lionel Van Deerlin, Member of Congress, and Wadie iddeh, from our State Legislature to the Mayor. Mr. Johnson said he was seeking encouragement by the cities, National City and Chula Vista, and would like to have an endorsement of this program. JOHN WILSON, 6 North Kenton, was present and said he was the chief umpire of National City Little League; the 42nd District Little League Umpires meet every Thursday night at the National City Library but there is a problem of not enough seats. Vice Mayor Camacho said they would have enough seats this coming Thursday as it had been taken up with the City Manager. ADOPT I ON OF RESOL UT I ©NS Moved by Camacho, seconded by Waters, the resolutions be read b title. Carried by unanimous vote. 2/2/71 9 RESOLUTION NO. 10,267, "A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CALIFORNIA SPATE, PERSONNEL. 3OARD . " Moved by Waters, seconded by Hogue, Resolution No. 10,267 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,268, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Dale Building Company)." Moved by Camacho, seconded by Reid, Resolution No. 10,268 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,269, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC STREET PURPOSES (A Portion of Arcadia Place)." Moved by Reid, seconded by Camacho, Resolution No. 10,269 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,270, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDI- NANCE NO. 962 (No. Z-81, Division of Land into Two Parcels at 2005 Lanoitan Avenue)." Moved by Camacho, seconded by Hogue, Resolution No. 10,270 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,271, "A RESOLUTION DETERMINING AND DECLARING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY OF THE CITY OF NATIONAL CITY RE- QUIRE THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PUBLIC STREET ACROSS CERTAIN DESCRIBED LAND IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CAL IFOR NI A ,, AND THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY DEMAND THE ACQUISITION OF FEE TITLE TO SAID PROPERTY TO BE USED BY SAID CITY FOR SAID PURPOSE; AND DECLARING THE INTENTION OF THE CITY OF NATIONAL CITY TO ACQUIRE SAID PROPERTY UNDER EMINENT DOMAIN PROCEEDINGS; COMMENCE AN ACTION IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO FOR THE PURPOSE OF ACQUIRING SAID PROPERTY (A Portion of 7th Street)." Moved by Hogue, seconded by Camacho, Resolution No. lO 271 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays: None. Abstaining: Morgan. CITY ATTORNEY McLEAN stated he had a resolution in regard to Agenda Item No. 1, New Business, City Clerk's report on the opening of sealed bids for F Avenue Storm Drainage, Specification No. 763 (Paull. Hansen Contracting Co. $8,124.00; T. B. Penick & Sons fi Inc. $8,370.00; Charles E. , Milleman $ 6 , 690.00; Witon Construction Co., Inc. $11, 480.00; Pacific Engineers $9,430.00; L. Castillo & Son, Inc. $28,598.40; W. L. Wettig Construction Co. Inc. $6,375.00; Ballard Williams $8,590.00; Ham Brothers Construction Co., Inc. $7,614.00; ABC Paving Co., Inc. $6,230.00; B. Q. Halloran, Inc. $8,460.00) and City Engineer's recommendation the bid of ABC Paving Co., Inc. ($6,230.00) be accepted and awarded (Certificate of Publication of advertise- ment for bids on file). Moved by Hogue, seconded by Reid, the contract to ABC Paving Co. be approved. Carried by unanimous vote. RESOLUTION NO. 10,2720 "RESOLUTION OF AWARD OF CONTRACT (I P' Avenue Storm Drainage, Specification No. 763)." Moved by Camacho, seconded by Reid, Reso1ut ion No. 10 272 be ado ted. Carried by unanimous vote. ADOPTION OF ORDINANCES ORDINANCE NO. 1263, "AN INTERIM ORDINANCE A iENDI NS ORDINANCE NO. 1216 RE- LATING TO ISSUANCE OF SPECIAL USE PERMITS FOR THE SALE OF GASOLINE AS AN ACCESSORY OR INCIDENTAL USE" was presented for second reading and read in full. Moved by Hogue, seconded by Reid, Ordinance No. 1263 be ado t ed. Councilman Waters spoke against the Ordinance. There was discussion. William McKenzie, Attorney, Suite 2100, Charter Oil Building, San Diego, representing the Southland Corporation, an applicant for a Special. Use Per- mit was present and said provision was made for the extension of interim ordinances by two additional one-year extensions so that this ordinance can, in effect, be operative for a period of 2 years and 90 days; he didn't con- sider that to be an appropriate position for them to be in on the basis of waiting for a report from the Planning Commission; they continue to expect to cooperate with the Planning Commission; they continue to expect to, if this ordinance is not adopted, take extensions on the matter of their appeal to the City Council until the Planning Commission has had an opportunity to review the matter; however, they do feel that at this point there is no need 2/2/71 10 for an urgency ordinance because the current ordinance contains sufficient criteria and discretion to allow the Planning Commission and the City Council to prevent the undesired sales of gasoline in any zone that they wish; the whole purpose of an urgency measure is primarily to prevent the use of land for which there are no criteria; he believed the current ordinance covers the situation; at this time they should not set the policy for the Planning Commission by adopting this ordinance; they feel strongly that this amend- ment is potentially protective in nature to established gasoline sales companies, whether they be in terms of major automotive centers or whether they are in terms of businesses with associated pumps or whatever; they feel essentialy the adoption of this ordinance would detract from the attempt that they have had in the past in giving the Planning Commission the dis- cretion to act within the general scope of authority which they now have; he appreciated their listening to him twice in a row. Councilman Hogue in- quired if this interim ordinance could run for 2 years and 90 days. City Attorney McLean said if the Council chooses to extend it, it could be ex- tended; the idea of the interim ordinance is, the State law says you cannot adopt an ordinance relating to zone classifications without the Planning Commission holding a public hearing and making a recommendation to the City Council which you are not obligated to follow. There was discussion. Jim Sutherland, 396 Dominguez Way, El Cajon, was present and protested adoption of the ordinance. There was discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: Waters. REPORT OF CITY ATTORNEY - No report APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMITIES were presented: General Fund $26,067.85 Traffic Safety 535.77 Park 359.96 Special Streets 1,181.08 Sewer 3.05 Total $28147.71 Moved by Camacho, seconded by Reid, these bills be paid and warrants be drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $107 , 035.76 was presented. Moved by Camacho, seconded by Hogue, the payroll._ be approved and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan, Nays: None. REFERRALS The report of POLICE CHIEF CAGLE in regard to vehicular speed in the area of the school zone, 8th Street and L Avenue, was presented. Ordered filed by unanimous vote. UNFINISHED BUSINESS The Council considered the issuance of a driveway permit at the corner of 7th Street and C Avenue: the Planning Director's recommendation to deny, the City Engineer's recommendation to deny, the request of the owner for a special driveway permit and a map were presented. Moved by Hogue, seconded by Waters, this request for a driveway permit at 7th and C Avenue be tabled. Carried by unanimous vote. NEW 8US I MESS The application of BRAGGS AMBULANCE SERVICE ; CE for renewal of two ambulance permits (Certificate of Insurance attached), was presented. Moved by Waters, seconded by Hogue, the application of Braggs Ambulance Service for renewal of two ambulance ermits be a roved. Carried by unanimous vote. The request of the INTERNATIONAL TRAVEL & TRAILER CLUBS OF AMERICA, INC . , 2/2/71 11 BORDER DISTRICT, for use of Kimball Park for their 13th annual rally Septem- ber 23-25, the report of the Director of Farks and Recreation the requested dates have been reserved and the Director of Building & Housing is recommen- dation in regard to the rally were presented. Moved by Camacho, seconded by Reid, this be a oved with all the conditions and oka from the Cit Manager. Carried by unanimous vote. A communication from ASSISTANT CITY MANAGER BOURCIER recommending the request of Calvary Baptist Church to use a tent for revival meetings be approved subject to six conditions recommended by the Building & Housing Department and the request of Calvary Baptist Church were presented. Moved by Camacho, seconded by Reid, the City, Manager's recommdandation this be approved subject to the 6 conditions be approved. Carried by unanimous vote. The request of the FIRE MARSHALL that a hearing on the Weed Abatement Program be set for March 2 was presented. Moved by Hogue, seconded by Reid, the re-- uest of the Fare Marshall. ertainin to the Weed Abatement Fr ram be granted. There was discussion. Assistant City Manager Bourcier recommended he be given authorization from the Council to notify the property owners by letter of this hearing. Councilman Hogue said he would like to include notification of ro ert owners b letter in his motion. Included in motion and second. Councilman Reid inquired if this would be in the paper also. Assistant City Manager Bourcier said it would. Carried by unanimous vote. The minutes of the regular meeting of the LIBRARY BOARD OF TRUSTEES, January 6, 1971, were presented. Ordered filed by unanimous vote. The minutes of the regular meeting of the CIVIL SEronCE COMMISSION, January 20, 1971, were presented. Ordered filed by unanimous vote. The recommendation of the PARK & RECREATION ADVISORY BOARD that Resolution 1-1970 (Phase III of El Toyon Park), approved on May 28, 1970, be processed for Federal funding before April 1, 1971 was presented. Moved by Waters, seconded by Morgan, the recommendation of the Park & Recreation Adviso Board 1-1970 be referred back to staff for forte study_. Carried by unan- imous vote. — — The minutes of the regular meeting of the PARK & RECREATION ADVISORY BOARD, January 25, 1971, were presented. Ordered filed by unanimous vote. A communication from the ASSISTANT CITY MANAGER filing seven items with the City Clerk (No Council Action Necessary): (1) Certificate of Insurance from Crown Agency, Inc., San Diego, dated 12/29/70, covering Thomas A. St of len- werk, dba San Diego House Movers, 4296 Menlo Dr., San Diego, Policy Nos. U3 4799234 and NSL 4130345; (2) Certificate of Insurance from Pacific Indem- nity Co. dated 11/3/70, covering Tarter, Webster & Johnson Div. of American Forest Products Corp., 2740 Hyde St . , P. 0. Box 3498, San Francisco, Policy No. LAC-203370; (3) Contract Bond No. 2 82 11 95 from Great American Insur- ance Co. covering the Southland Corp. to perform future street improvements Store No. 470- 1O1A, Sweetwater Road and Cypress St. fronting on Parcel 3, National City; (4) Certificate of Insurance (amended) from The Canadian Indemnity Co., Los Angeles, covering The Parish of St. Matthew, 521 E. 8th Street, Policy No. GLA 923894; (5) Certificate of Insurance from Aetna In- surance Co. dated 1/23/71, covering the National City Chamber of Commerce, 711 A Avenue, Policy No. MP 177681; (6) License Bond No. SLR 707 44 36 from Fireman's Fund American Insurance Companies covering Milton J. Wershow Co. to carry on business as Auctioneer; (7) Excess Liability hinder No. 8932 from Stewart, Smith, Haidinger, Inc., 3200 Wilshire Blvd., Los Angeles, covering the City of National City and the Redevelopment Agency of National City (Liability Insurance), was presented. REPORTS ASSISTANT CITY MANAGER BOURCIBR requested permission of the City Council to conduct a City auction on Saturday, February 20, beginning at 8:00 a.m. Moved by Hogue, seconded by Camacho, the Assi stant Cit Dana girls recommen- datian be a owed that the auction be conducted on that date. Carried by 2/2/71 12 unanimous vote. ASSISTANT CITY MANAGER 3OURCIER stated on next week's agenda would be a request for an oversized driveway at 1048 E Avenue. CITY CLERK MINOGUE reported receipt of a communication from Assemblyman Pete Wilson in regard to the City's resolution supporting State and local voting rights for 18 year olds which was on file. CITY CLERK MINOGUE reported receipt of a communication from Assemblyman Peter R. Chacon in regard to the resolution supporting the 18 year old vote in State and local elections which was on file. CITY CLERK MINOGUE reported receipt of a notice of intent to appeal, to the Public Utilities Commission from the examiner's ruling in the matter of the application of the San Diego Gas & Electric Co. for authority to increase rates by surcharging for additional franchise fees by the City of San Diego which was on file. The PLANNING COMMISSION recommendation the request for closing a portion of 16th Street between Cleveland and McKinley Avenues (Industrial Sales Co.) be approved subject to four conditions was presented. Moved by Hogue, seconded by Reid, the closing of l6th Street between Cleveland and McKinle, Avenues be apr poved. Carried by unanimous vote. Moved by Reid, seconded by Waters, the meeting. , be closed. Carried by unan- imous vote. The meeting closed at 8:35 p.m. City Clerk ,/ City of National City ; Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of February 9, 1971. No corrections Correction as noted below Mayor Cit ational City, California