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HomeMy WebLinkAbout1971 04-20 CC MIN70 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA STUDENT IN GOVERNMENT DAY April 20, 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 and their student counterparts present: Camacho, Hogue, Reid, Waters, Morgan. ADMINISTRATIVE OFFICIALS and their student counter- parts present: Foster, Gerschler, Assistant Fire Chief Harrold, McLean, Minogue, Osburn, SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Pastor Philip A. Larson, Faith Community Advent Christian Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the re ula meeting of .1.421221971. Carried by unanimous vote. COUNCIL COMMUNICATIONS VICE MAYOR CAMACHO said National City will host the League of California Cities next month and asked Council consideration of a City -sponsored in- vitational golf tournament; the meeting falls on a Thursday and he would like to invite members of every entity in the County to participate in this golf tournament the following Saturday. Moved by Camacho, seconded by Hogue, the City sponsor the goy tournament (the Saturday) after the League of California Cities' dinner. Vice Mayor Camacho said everyone would pay for his own entry fee; whoever wins the trophy can take it back to his home town. Carried by unanimous vote. Moved by Reid, seconded by Waters, Eus be placed in the lobby of the Coramuni.1,Bui1ding and aeri.nstaiiedinthem..../indows before the League of California Cities meeting next month. Carried by unanimous vote. COUNCILMAN REID said the American Little League was starting to play ball in the park at D and 14th this Saturday; there is no Coke stand, not even a spigot they can turn on to get a drink of water. Moved by Reid, seconded by Camacho, a pipe be run up there to one of those pAnLILEELELt1_21*ustalittl_c 222_12_fountain deal, not an elabdE29211talhey can get a drink. Carried by unanimous vote. COUNCILMAN REID said the Maytime Band Review will be held May 1 and there aren't many working days left. Moved by Reid, seconded by Hogue, the City Manager get the tree trimming crews and start at the assembling point and come all the way through all of our through streets and get thoseyalms that's hanging down and those trees that's in the wa the limbs and have that crew to sta on this 'ob until the et this done before that Maytime Band Review. Carried by unanimous vote. COUNCILMAN REID said there is a leak off of 4th where you turn in to go around the El Toyon Community Building; there's a puddle of water that had been there for over a year. Moved by Reid, seconded by Camacho, they dig up a little of that blackto where "TH runs into 4th around the Communit Building and fix the leak. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the 165 Pontiac be referred to the Finance Committee for something to be done with it this year. Carried by unanimous vote. 4/20/71 71 VICE MAYOR CAMACHO said the possibility of putting in restrooms by the Pony League Diamond was discussed and asked if this was still pending. City Manager Osburn said they should have the plans completed any day now and then they could go to bid on it. COUNCILMAN HOGUE said the people who built Williams Mannor No. 2 planted a type of tree that was referred to as a Silver Oak; his neighbor told him the other day when it rained the crew had to come out to remove the leaves so the water could flow down the drain; he hoped that in the future they never allow anyone else to plant this tree. Moved by Waters, seconded by Camacho, they refer this to the Finance Committee that they consider that each one of these Plannin of which there are severtbe paid 10.00a meeting dsj32:22ae per month. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. COUNCILMAN WATERS asked what kind of report or demands did the Planning Director make personally when the license was issued for the Masonic Temple at 9th and National. Councilman Waters said 2 or 3 years ago they passed that whenever there was a change of use of an establishment like this (which it is a change of use) then the new law states that you should consider off street parking and many other things; he was a little leery this possibly was not considered; he noticed who signed it and it wasn't Mr. Gerschler, Planning Director Gerschler said to let him look into it and he would give a report. Moved by Morgan, seconded by Hogue, they refer this item Mr. Waters was talkin about to the Cit Attorne to bring back a re rt on the legal- ity of the situation. Carried by unanimous vote. COUNCILMAN WATERS said he was very surprised when he got here about 5:00 in the morning and noticed City employees going around picking up garbage cans and dumping garbage cans in the City streets; they have a contract with Mr. Proctor of National City Rubbish to empty all of the trash cans throughout the residential area, etc. and businesses and why were our own City trash cans overlooked when this agreement was made. MAYOR MORGAN said they passed an ordinance on Q Avenue north of 16th Street for underground utilities and all of the apartments built in there have underground utilities but there are 3 utility poles down the street. The Mayor asked the City Manager to check this. MAYOR MORGAN displayed a map on the blackboard and said finally a major motel wants to come to National City but there is a problem; there will be 50 or 60 units and what the builder would like to do (and what was recommend- ed in the General Plan) was to close 5th Street from National Avenue to Roosevelt; he would like to close the south side of 5th Street between National and Roosevelt so he can get the units in there. Moved by Morgan, seconded by Camacho, they start t12122.212:_misa_slait9 the south side of 5th Street between National and Roosevelt. Carried by unanimous vote. MAYOR MORGAN introduced Student Mayor Joe Valdivia, and recognized Dave Ellick, Sweetwater Union High School teacher who was representing Will Hyde Vice Mayor Camacho introduced his counterpart Raymond Parra and he was very sorry he didn't have the opportunity to go with him today because he had to work for a living. Councilman Hogue introduced Student Councilman Carrillo. Councilman Waters introduced Student Councilman Kojima. City Manager Osburn introduced Student City Manager Cabrera. City Attorney McLean introduced Student City Attorney Mary Anne Anderson, an exchange student from Denmark. City Clerk Mincgue stated Camille Lopez was Student City Clerk today; Camille is cousin to Bob Baker, running for the school board, and under- standably, she was not present this evening. Planning Director Gerschler introduced Student Planning Director Diane Despr4S. Merrill Watts, Director, Redevelopment Agency, introduced Student Redevelopment Director Kathy Banke. Each of the student counterparts present thanked the Council and spoke briefly of their experiences during the day, 4/20/71 72 MAYOR MORGAN recognized Mrs. Gerschler, Malcolmts mother. COUNCILMAN HOGUE said yesterday the California Senate voted to allow 18-year olds to vote; tonight was an indication that the young people could do just as well at 18 as anyone could at 21. The PROCLAMATION of "PUBLIC SCHOOLS WEEK" (April 26-30, 1971) was read. Moved by Camacho, seconded by Reid, the Eroclamation be adopted. Carried by unanimous vote. The CONTINUED HEARING ON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE (962) TO SPECIFY THE ZONES WHEREIN STORAGE OF LIQUIFIED PETROLEUM GAS USES SHALL BE PERMITTED AND REGULATORY PROVISIONS RELATED THERETO was held at this time. City Clerk Minogue stated the Planning Commission recommendation and the re- port by the Fire Chief was attached to the agenda and the Certificate of Publication on March 28 of the notice of the hearing was on file. Moved by Hogue, seconded by Reid, this hearin be continued to May 25. Carried by unanimous vote. ORAL COMMUNICATIONS BEVERLY CARVEY, 141 E. 18th Street, was present and requested they allow her to speak under "Unfinished Business"; she wanted to make one very brief comment to the students: now she knew that her son Allen was not the only one who says "you know." JIM PATTON, 580 3rd Avenue, Chula Vista, was present and said when Item 15-a was brought up he would like permission to speak on it. ALFRED RODRIGUEZ, CHAIRMAN, NATIONAL CITY TEEN POST, 1428 Harding Avenue, was present and requested no -fee use of the Community Building for a dance to raise funds for recreational equipment for their proposed Teen Post. Moved by Hogue, seconded by Camacho, this item be brou ht on the floor at this time. Carried by unanimous vote. City Manager Osburn said this has been approved; Mrs. Baca filled out the application for the building today; the only place there may be a misunderstanding was when normally the build- ing was used for a function where an admission is charged, then the City charges for the building; the charge for the building will be $35.00 plus $7.00 per hour after midnight; this is just the actual cost the City has in- volved in it which includes a janitor and a recreation leader who are re- quired to stay there during the activities. Moved by Waters, seconded by Hogue, the City Managerts recommendation be approved but delete the charge at this time; this is fcr a just cause and if teenagers are willing to get out and work like this, at this time they should waive the charge. Second to motion withdrawn. City Manager Osburn said this was the policy that was handed down by the Council to the staff sometime back; they asked the staff to handle these because there was always a request on the agenda for the use of the building; the staff has been handling them and there were always ex- ceptions; they either have to stick with it or abandon it, one or the other. There was discussion. Moved by Hogue, seconded by Reid, the recommendation of the City Manager and the Director, Mr, Maley, that the normal fee be EhauaLlat_ammel. Carried by the following vote, to -wit: Ayes Camacho, Hogue, Reid, Morgan. Nays: Waters. ADOPTION OP RESOLUTIONS Moved by Camacho, seconded by Hogue, the resolutions be read by title. Carried by unanimous vote. RESOLUTION NO. 10,315, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPENDI- TURE (El Toyon Park)." Moved by Uaters, seconded by Camacho, Resolution No. 10,315 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,316, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Rinden and Daniel)," Moved by Hogue, seconded by Camacho, Resolution No. 101316 be adopted. Carried by unanimous vote. 4/20/71 73 ADOPTION OF ORDINANCES ORDINANCE NO. 1267, "AN ORDINANCE AMENDING ORDINANCE 962, ZONING 0q,DINANCE OF NATIONAL CITY PROVIDING THAT ENTERTAINMENT AND AMUSEMENT TYPE BUSINESSES ARE NO LONGER PERMISSIBLE USES IN THE C-3 ZONE, ADOPTING SAID ORDINANCE AS AN INTERIM ZONING ORDINANCE PENDING PLANNING COMMISSION HEARING AND ADOPT- ING SAID ORDINANCE AS AN URGENCY MEASURE," was presented for second reading and read in its entirety. Moved by Hogue, seconded by Camacho, Ordinance No. 1267 be adopted. Councilman Waters said the City has a saturated area there on National Avenue and when the gentleman who was coming in here with a skin show was informed it was a saturated area and they couldn't possibly give him a liquor license then the comment was made that they would form their own bottle club; would this ordinance control that in any way; can a person come to town and set up a bottle club, what was the difference, they could still drink within the confines; was there something the City could do to take care of this end of it. City Attorney McLean said he was not prepared tonight to say anything about a bottle club, what standing it may have with the State Licensing Authority; this ordinance would prohibit the operation of an amusement or entertainment type business; he didntt know how a bottle club could operate commercially and not fall within that definition; he didn't know of anybody that drinks for other than amusement and entertainment. Moved by Morgan (no second), the City Attorney bring all of these ramifications on this place that is going in down here whether they can have a bottle or their own bottle or a strip show or what- ever and bring back a report and make sure it was legal. City Attorney McLean said he thought Mr. Gerschler was getting a report ready and he will get together with him. Motion to adopt the ordinance carried by unanimous vote. REPORT OF CITY ATTORNEY - None. APPROVAL OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $19,364.07 Traffic Safety 1,173.36 Capital Outlay 131.55 Park Department 470.12 Gas Tax 2107 170.80 Sewer 348.92 Total 21,658.82 Moved by Camacho, seconded by Reid, these bills be aid and warrants 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 $104,427.50 was presented. Moved by Reid, seconded by Camacho, the payroll be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan. Nays: None. REFERRALS A communication from the CITY ENGINEER regarding the request for a report on "wasted space" at the south bound right turn lane from Paradise Road to 8th Street and stating three reasons why the street design made for a safer intersection was presented. Moved by Hogue, seconded by Camacho, this in- formation be acce2I2LauLliag. Carried by unanimous vote. UNFINISHED BUSINESS A communication from the CITY ENGINEER in regard to a petition for improve- ment of an alley way parallel to National Avenue between E. 17th and E. 18th Street and the alley way between E. 17th and E. l8th to B Street and recommending the Engineering Department be directed to prepare maps and estimates, (copies of the petition and map of the area attached to the agenda) was presented. Moved by Hogue, seconded by Waters, this item be laid over for one week. Mrs. Beverly Carvey, 141 E. l8th Street, was 4/20/71 74 present and said they had before them copies of the letter which she turned into the City Clerk; they also had copies of the signature withdrawal petition and the protest petition; she had been informed by telephone that there was also a letter of protest on its way to her from Mr. & Mrs. Pavka in Colorado; she requested that they honor the protests. Mayor Morgan said they had all of those letters that she turned in at 4:56 this afternoon; the reason for laying it over a week was so the City Engineer could figure out just where they stand. Carried by unanimous vote. Florence Frazier, 2425 X Avenue, was present and protested the improvement of the B. 18th Street alley using concrete. Moved by Reid, all of these names and he thought they were all legal and there's ever .50% that these people don't have to run back up here every week that this be dropped and they get to- gether with some other improvement or something and let them have another meeting among themselves; he was going to move if this was over 50% when it was checked out, that they be notified that this was abandoning this pro- ject. Motion died for lack of second. The request for a Special Driveway Permit at 2227 E. 8th Street by Wilma Jean Cheneweth, a map and recommendations by the Planning and Engineering Departments the request be denied were presented. Moved by Hogue, seconded by Reid, this request be denied. Charles Cheneweth, 2328 E. 6th Street, was present an said he was appearing in behalf of his wife, Wilma Jean heneweth; he would like to request that this be continued until the next meeting and referred to staff; this submission was made at a late hour and there was a change in the plan; he needed to work it out with Planning and request something a little different; possibly it could be solved in Planning but he would like to have it continued. Moved by Morgan, seconded by Waters, the table the motion on the floor. Carried by unanimous vote. NEW 3USINESS An application for person to person transfer of on -sale beer 3ERENYCE M. and LBO ZANIER, D3A THE CORRAL, 21 W. 8th Street, Moved by Camacho, seconded by Hogue, this be filed. Carried ing vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters. Nays staining: Morgan, license by was presented. by the follow - None, Au - A communication from the CITY EN3INBER recommending improvements for "F" Avenue, 26th Street, 29th Street, Assessment District No. 166, be accepted was presented. Moved by Camacho, seconded by Vaters, Intcayj821.2tELLE recommendation be approved re9arding District 166. Carried by unanimous vote. A communication from HUGH G. ROCKWELL, D.1.11., 103 W. 24th Street, request- ing a refund of a portion of the business permit fee, the report of the ausiness License Clerk and the recommendation of the City Treasurer that Dr. Rockwell ne refunded the prorated amount of $18.75 was presented. Moved by Waters, seconded by Camacho, the refund of $18.75 be a roved for iia2.q-atE2E12211. Carried by unanimous vote. A communication from the DIRECTOR, FARX & RECREATION DEPARTMENT, regarding the request of the San Diego Academy to use El Toyon hark tennis courts May 24 - June g, 11:00 a.m. to 12:30 p.m., each school day was presented. Moved by Reid, seconded by Camacho, this Director of Parks & Recreation be approved for the Academ to use this in El To on Park. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. A communication from the CAMP DIRECTOR, YMCA CAMP S.U.R.F., requesting the City to donate 3, 5, or 10-speed bicycles to their "Youth Touring Program" was presented. Moved by Waters, seconded by Camacho, the request of the Camp Director of the YMCA for the Cit to donate these bic cles be denied. Carried by the following vote, to -wit: Ayes: Camacho, Reid, Waters, Morgan. Nays: Hogue. 4/20/71 75 The minutes of the regular meeting of the Traffic Safety Committee of April 14 were presented. Moved by Waters, seconded by Camacho, the minutes of the regular Traffic Safety Committee on April 14 be filed. Carried by unanimous vote. Moved by Hogue, seconded by Camacho, the recommendations they made be approved. Carried by unanimous vote. Step increase for an eligible employee, approved by the department head and City Manager for Marie Mounts, Library, was presented. Moved by Waters, seconded by Camacho, this step increase for Marie Mounts at the Library be approved. Carried by unanimous vote. A communication from the CITY MANAGER filing four items with the City Clerk (No Council Action Necessary) : (1) Minutes of the regular meeting of the Board of Directors of the San Diego County Water Authority dated March 11, 1971; (2) Letter from the San Diego County Water Authority dated March 31, 1971, reporting Authority operations for the month of March, 1971; (3) Letter from the San Diego County Water Authority dated April 1, 1971 enclosing tab- ulations showing changes in quantity of water stored in the San Vicente Reservoir as of March 31, 1971, and average monthly water deliveries in c.f.s. by Authority to member agencies for the fiscal year 1970-71; (4) Cover letter and two executed copies of Contract between the City of National, City and the California State Personnel Board, Cooperative Personnel Services, 714 W. Olympic Blvd., Los Angeles, California, was presented. REPORTS CITY MANAGER - No report. COUNCILMAN HOGUE asked the City Manager how they were doing on the four day a week, were they working on setting up that committee, how many departments can work four days a week. City Manager Osburn said they would be getting information in from the departments very shortly. CITY CLERK MINOGUE presented her communication recommending the resignation of Mrs. Nancy Marsteller, Clerk -Typist II, be accepted with sincere regret and the names of eligible applicants be furnished from the list now being established. Moved by Hogue, seconded by Reid, the communication from the Cit Clerk and her recommendation ertaining to Fancy Marsteller be a roved. Carried by unanimous vote. CITY CLERK MINOGUE reported receipt of a communication from Supervisor Henry A. Boney stating the final Sweetwater Regional Park report will be delivered at the Student Union -West, Southwestern College, 7:30 p.m., Wednesday, May 19, which was on file. Moved by staters, seconded by Morgan, the Mayor be sent there as our representative. Carried by unanimous vote. A communication from the Planning Director stating the Planning Commission recommends denial of an application for zone reclassification No. C-75, R-2 to R-4, between Helen Circle and Euclid Avenue, North of Plaza Boulevard, was presented. Moved by Camacho, seconded by Waters, the Planner's recommen- dation be approved. There was discussion. Jim Patton, 580 3rd Avenue, Chula Vista, representing owners of this property was present and requested a public hearing be set before the Council for rezoning this property to R-4-PD . Carried by unanimous vote. A communication from the Planning Director stating the Planning Commission approved staff's recommendation for Zone Variance No. Z-82 (request for waiver of loading and unloading space within the M-3 Zone at 2133 Wilson Avenue) which was in favor of granting the variance subject to one condition was presented. Moved by Hogue, seconded by Camacho, the recommendation of the Planning Commission ,pertaining to the loading and unloading in the M-3 Zone be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: None. Abstaining: Reid. 4/20/71 76 A communication from the PLANNING DIRECTOR stating the Planning Commission approved the staff's recommendations regarding the application for R-4-PD, Residential Planned Development Permit No. 32 at 3019 E. 18th Street, subject to modifying condition No. 1 by deleting all work to be performed within a period of time not to exceed one year and adding all work to be performed prior to occupancy of the building was presented. Moved by Hogue,, seconded by Reid, the recommendation of the Plannin Commission rtainin to the application for an R-4-PD Permit No. 32 be approved. Carried by unanimous vote. A communication from the PLANNING DIRECTOR stating the Planning Commission approved the application for an R-4-PD, Residential Planned Development Per- mit No. 33 at 2700 Block Lincoln Ct. subject to the staff's recommendations as modified on No. 1 and subject to any deferral requests that might be sub- mitted regarding items No. 9 and 10 and that construction be completed with- in a period not to exceed 120 days was presented. Moved by Hogue, the Planning Commission recommendations and all of their modifications be approved for Permit No. 33 at Block 2700, Lincoln Ct. Motion died for lack of second. There was discussion. Moved by Hogue, seconded by Camacho, the precommendationofthePlanningCommissionertaining to Permit No. 33, 2700 Block2 Lincoln Court, bearoved.Carriedby nir------nousvote- A communication from the PLANNING DIRECTOR stating the Planning Commission recommended a public hearing be set for May 11, 1971 to consider reinstating/ extending Interim Ord. No. 1262 for Planned Unit Developments and height limits for all residential properties east of the 805 Freeway was presented. Moved by Waters, seconded by Camacho, the Plannin Commission and staff's recommendation be approved. There was discussion. Planning Director Gerschler said a hearing on this would be in May sometime and before then he could give a full report to the Council on the extent and effect of Ord. No. 1262. Mayor Morgan asked the Planning Director to make a report next week. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters. Nays: Reid, Morgan. STANLEY KORGIE, representing the National City Pony League, was present and complained about the poor condition of existing restrooms in the Park. Mayor Morgan said the City Manager would take care of it. MAYOR MORGAN thanked the young people for taking part in "Student in Govern- ment Day!' and also those who had anything to do with it. Dave Ellick, rep- resenting the faculty of Sweetwater Union High School, was present and thanked the City Council and City officials for taking time to help them become better acquainted with local government. Moved by Camacho, seconded by Reid, the meeting be closed. Carried by unan- imous vote. The meeting closed at 9:14 p.m. City Clerk Cit of National Ci Calif. The foregoing minutes were approved by the City Council of National City at the regular meeting of April 27, 1971. I x I No corrections 11 Correction as noted be Mayor, Cit /National City, California 4/20/71