Loading...
HomeMy WebLinkAbout1971 08-10 CC MIN188 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA August 10, 1971 The regular meeting of the City Council of the City of Nati aial 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: Deputy City Clerk Fasig, Foster, Gerschler, McLean, Osburn, Stenberg. SALUTE TO FLAG AND INVC)CATICN The meeting was opened with salute to the Flag led by City Manager Osburn followed with invocation by Mr. Milo P. Wood, First Baptist Church. APPROVAL, OF MINUTES Moved by Waters, seconded by Camacho, the minutes of the regular meeting of August 3, 1971 be approved. Carried by unanimous vote. COUNCIL COMMUNICATICNS COUNCILMAN CAMACHO suggested Council action be taken on the situa- tion (unclean appearance) at the Pleasure Club, 8th and National. Mayor Morgan instructed the City Manager to notify the Health Inspector and make a report. COUNCILMAN CAMACHO said many restaurants and other businesses lack sanitary restrooms and inquired how this could be corrected. City Attorney McLean replied they have the City Health Law which incor- porates the County Health Ordinance; the City contracts with the County Health Department to provide a health inspector who works in the City; if the City was not getting frequent enough inspections to suit the Council, then their contract with the County could be changed; they could pay more and get more inspections. Mayor Morgan said if they knew of something like this they could inform the Manager and he would report it to the County Health Department. COUNCILMAN CAMACHD said not too long ago the Council approved a Conditional Use Permit or zone change for a hide curing plant in National City; up to this time nothing has been done to the building proposed for this business. Councilman Camacho inquired if she (Mrs. Christina Peacock) applied for the license. City Manager Osburn said he did not know if she had made any moves since the City approved the permit. Moved by Morgan, seconded by Camacho, if this item comes to the Building Department for issuance of a permit for the hide factory, it will have to come back to the Council for approval. Carried by unanimous vote. VICE MAYOR WATERS said these are nd dfrecttbnal signs at the entrance to the City for getting to the Civic Center and asked the City Man- ager to look into the possibility of placing one on Highway 5. VICE MAYOR WATERS inquired if there was more information on the possibility of 24th Street being changed to "National City Marine Terminal." City Manager Osburn replied there has been no further discussion but there would probably be a meeting in the not too distance future. VYCE MAYOR WATERS presented a petition signed by 266 National City youth and adults regarding a teen post. The Vice Mayor said the youth were asked what they wanted in a building and replied they wanted something similar to the Servicemen's Center with TV, pool 8/10/71 189 tables, etc.; they would like to have it centralized and designed so that it could be utilized as a gym or dance hall. Vice Mayor Waters asked the City Manager to have plans drawn to give the Council an idea what this would be like, to discuss the size with Mrs. Stockman, and check the feasibility of putting a proposition on the April ballot. Vice Mayor Waters said the results of a questionnaire were compiled in a pamphlet as to what was needed in the community and they could all read it. COUNCILMAN REID inquired about the status of the sewer (Plaza Blvd. Interceptor Sewer). City Manager Osburn replied their documents were in the Los Angeles office for approval. COUNCILMAN HOGUE asked the City Attorney if an employee would be allowed to wear a patch on his clothes which would enable him to deduct the costs of cleaning and upkeep. City Attorney McLean said Federal revenue rulings are to the effect that if you are required to wear a uniform or some special kind of clothing the cost of that clothing and the maintenance is a cost of your employment and could be deducted for tax purposes; just the fact that you put a patch on wasn't the answer; the answer is, is he required; these deductions are only important where filing an itemized tax return. MAYOR MORGAN said Mrs. Hazel Stockman has an application nearing completion for a multi -purpose building with which they hope to get 80% of the costs paid by the Federal Government; the Government would pay for the maintenance, cleaning and staff; the only thing the City would have to do would be maintain the landscaping; as soon as they know they can get 80% of the $450,000, he would like to see the Council go to bond for the 2094 MAYOR MORGAN said City income was down from what they took in last July and instructed the City Manager to let them know about it if their income was not sufficient to meet the bills. City Manager Osbuxn said he would report the latter part of the month. MAYOR MORGAN said on I Avenue where they ran a 1911 Act and left out the banjo, there was a petition being circulated; a long time ago they discussed how they could get this banjo in for fire and trucks, etc.; the people up there are unhappy about the situation; property owners should be forced to put in their street to make it convenient for those living on the banjo street. City Attorney McLean said he couldn't answer tonight where they stood but he would look into it and City Manager Osburn would report next week, MAYOR MORGAN said the City built 4 tennis courts in El Toyon Park; Thursday and Friday teenagers will be playing and Saturday and Sunday will be adult competition; they come in from all over San Diego County. MAYOR MORGAN spoke regarding the desirability of having a South Bay Supervisor. The PROCLAMATION of "CORRECT POSTURE MONTH" (September 1971) was read. Moved by Reid, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Dr. Joseph A. Gaussoin. HEARINGS The CONTINUED HEARING ON THE PROPOSED AMENDMENT TO ZONING ORDINANCE 962 TO CREATE AN M-H, HEAVY INDUSTRIAL ZONE, AND ADD PROCEDURAL REGULATIONS FOR CONDITIONAL USE PERMITS was held at this time. Mayor Morgan suggested the hearing be continued until 8:00 9.m. next week. Moved by Hogue, seconded by Reid, the Mayor's recommendation be approved. Vice Mayor Waters asked Wi lli ►m Ward, Attorney for 8/10/71 190 Scrap Disposal, to come to the front of the Council Chambers to answer a few questions. Vice Mayor Waters said he noticed in the newspaper that Scrap Disposal didn't like M-H zoning and would Mr, Ward comment on the reason, Mr. Ward said he thought primarily it was the lack of guidelines telling the owner what would be expected of him to continue his business. Carried by unanimous vote. The CONTINUED HEARING ON PROPOSED ZONE CHANGE ZC-81-71 TO RECLASSIFY FROM ZONE M-4 (INDUSTRIAL) TO ZONE M-H (HEAVY INDUSTRIAL) , AN AREA WEST OF CLEVELAND AVENUE NORTH OF 17TH STREW, was held at this time. Moved by Camacho, seconded by Reid, this item be held u, until next Ellit_tp_1122.24212. Carried by unanimous vote. ORAL COMMUNICATIONS FRANK CHENELLE, representing the National City Police Officers Association and the Police Officers Research Association of California was present and distributed copies of SB 705 and SB 707 to Council members. Mr, Chenelle said S8 705, introduced by Senator Petris, will provide jobs in law enforcement for people who have been can« victed of felonies; he would like the Council to read the bill, put it on the agenda next week and send letters of opposition to SB 705. Moved by Waters, seconded by Camacho, they goo on record opposing No. 705. Carried by unanimous vote. Mr„ Chenelle said Senator Grunsky's bill, SE 707, (arrest, search and seizure) was a good bill and explained its importance in law enforcement. Moved by Morgan, seconded by Waters, th ut SB 707 on the a nda next week with a recommendation from the City Manager. Carried by unanimous vote. MR CHENELLE placed copies of current bills before the Council. MR. CHENELLE requested the Star -News to print a retraction regarding his income as he does not make $18,000. a year. VIRGINIA RODRIGUEZ, 2312 13th Street, was present and said the week before last the 2300 block of 13th Street, was blacktopped; however, they stopped where her driveway began although they graded and used her driveway to turn around in; they told her neighbor the street stopped there and if that was the case, she presumed she could have her 30' back,. Mrs. Margaret Hershey, 2314 E. 13th Street, was present and said she did not pay for the blacktop and was not sent a notice. ADOPTION OF RESOLUTIONS MOVED BY CAMACHO, seconded by Reid, he resol tions be read b it1Q. Carried by unanimous vote. RESOLUTION NO. 10,421, "RESOLUTION GIVING NG NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF ' .T ! AVENUE •- 22ND TO 24TH.." Moved by Hogue, seconded by Reid, Resolution No 10 421 be a to Carried by unanimous vote. RESOLUTION NO. 10,422, "RESOLUTION AMENDING RESOLUTION 10,372, RELATING TO THE GRANTING OF A SPECIAL, FACILITY USE PERMIT (National City Community Rodeo Association, Inc.)," Moved by Waters, seconded by Hogue, Resolution No, 10,422 be adopted. Carried by the following vote, to -wit: Ayes: Camacho,,- Hogue, Waters, Nays: Reid, Morgan. RESOLUTION NO, 10,423, "RESOLUTION AUTWRIZTNG EXECUTION OF GRANT OF EASEMENT TO SAN DI EGO GAS AND ELECTRIC COMPANY" Moved by Reid, seconded by Camacho, Resolution No. 10,423 be adopted, Carried by unanimous vote.. RESOLUTION NO. 10,424, "RESOLUTION APPROVING PROPOSED FEDERAL AXD URBAN SYSTEM AND RECOMMENDING SUBMISSION TO FEDERAL HIGHWAY AEMTNI" STRATIQN BY CALIFORNIA DIVISION OF HIGHWAYS." Moved by Hogue, 8/10/71 191 seconded by Reid, R 1uti niadopted. Carried by unanimous vote. RESOLUTION NO. 10,425, "RESOLUTION APPROVING LOT SPLIT AT 1936 LA SIESTA WAY .. 1935 AND 1937 L.ANOI'TAN AVENUE (Charles Bramson )." Moved by Reid, seconded by Hogue, Resolution No, 10,425 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,426, "RESOLUTION APPROVING LOT SPLIT AT 3100 BLOCK EAST 2OTH AND EAST 19TH STREETS, LOTS 346 AND 34? LINCOLN ACRES ANNEX. NO. 2 (Mr. Tony Kuhn)." Moved by Waters, seconded by Camacho, Resolution No. 1Q,426 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,427, "RESOLUTION APPROVING LOT SPLIT AT 2746 EAST 16TH STREET, VACANT LOT ON 17TH STREET (Starfire Homes)." Moved by Reid, seconded by Camacho, Resolution No. 10t427 be adopted. Carried by unanimous vote, RESOLUTION NO. 10,428, "RESOLUTION AUTHORIZING CAPITA,, OUTLAY PUND EXPENDITURE (El Toyon and Kimbal Park)." Moved by Waters, seconded by Reid, Resolution No. 10 428 be ado ted. Carried by unanimous vote. RESOLUTION NO. 10,429, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Plaza at I-5, Silver)." Moved by Camacho, seconded by Reid, Resalution No. 10.429 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Morgan. Nays: None. Abstaining: Waters. RESOLUTION NO. 10,430, "RESOL.UTION ENDORSING DEVELOPMENT PLAN STUDY AND REPORT FOR SWEETWATER REGIONAL PARK." Moved by Waters, seconded by Camacho, Resolution No. 10,430 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCES MOVED BY HOGUE, seconded by Camacho, the first reading of the ordi- nances be by title. Carried by unanimous vote. ORDINANCE NO. 1277, "An Ordinance Amending 962, Zoning Ordinance of the City of National City, to Provide That One Non -Conforming Use May Replace Another Non -Conforming Use Pursuant to the Issuance of A Conditional Use Permit." ORDINANCE NO. 1278, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California, to Add Provisions for A Height Regulation Combining Zone." ORDINANCE NO, 1279, "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California (Zone Change No. ZC-80-71, from An R--2, Two Family Residence Zone, to a C-2.-PD, Commercial Planned Development Zone, 2321 6th Street) ." REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN said he would leave tomorrow to go to Sacramento to continue the acquisition proceedings for the water utility in Santa Fe; they are still on schedule. APPROVAL, OF BILLS AND PAYROLL BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $ 7,212,25 Traffic Safety 2,999.35 Capital Outlay 4,885.60 Park 1,280.36 Retirement 23,540.21 8/10/71 192 Gas Tax 2106 50.00 Sewer 465.63 Total 440, 433, 40 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. PAYROLL AUDYTED BY THE FINANCE COMMITTEE in the amount of $118,084.63 was presented. Moved by Reid, seconded by Camacho, the payroll be a,provea,. Carried by the following vote„ to -wit: Ayes: Camacho, Hogue, Reid, Waters, Morgan, Nays: None. REFERRALS A communication from KENNETH A. WOOD, ATTORNEY, in regard to the extension of Euclid Avenue and the possible closing of a portion of 13th Street, a map of the area and the City Manager's letter outlining the background of events in the area of Euclid Avenue and 13th Street were presented. Vice Mayor Waters went to the blackboard and made a drawing of the area showing various properties (including City owned property) and gave a recommendation for the area. Mrs. Margaret Hershey, 21E4 E. 13th Street, was present and said the people on 13th Street had not had a hearing on this; they would like this be on the next agenda or a hearing be set so the residents could express their opinions, Mrs. Hershey said they weren't happy with the entrance on Orange Street either, Moved by Waters, seconded by Hogue, they..put t h i s i tem,,on the agenda for next Tuesday night at 7:30 so the people will have an opportunity to hear it.. Carried by unanimous vote. Timothy J. Lynch, 2435 E. 13th Street, was present and said he wouldn't be present next Tuesday night and asked permission to use Vice Mayor Water's drawing on the blackboard. Mr. Lynch desig- nated his property and said the way they wanted to put the street, he would be on a corner; the way it was originally proposed to them, the cul-de-sac would come around to take part of their property and not make them a corner property; he didn't concur with Vice Mayor Water's proposal. Vice Mayor Waters asked if he concurred with the original proposal. Mr. Lynch said for his own personal benefit the original proposal was better; tonight was the first time he heard officially about grading, leveling or anything; all he knew was he was offered $300. for part of his property which came to $3.46 per square foot; by giving him a corner property it would run his taxes up. An unidentified man from the audience came forward and asked about their access from 13th Street once Euclid Avenue goes through; this would be an island, so to speak. Mayor Morgan said they were going to build a new street from 13th Street to 14th Street and then it will go to Euclid Avenue and all the way back to the street that goes on to the freeway. Terrell Rogers, 2337 E. 13th Street, was present and asked if before they had their next meeting would it be possible to get the engineering people, unrestricted from the Plan- ning or anyone else, make some plans or rough drawings showing why this street has to be cut down; they would like to know why a good engineer couldn't put that street through at grade level. Mayor Morgan said from Plaza Boulevard to the end of Euclid Avenue they now have a maximum grade of almost 6%; if they go up to the top they get somewhere between 9% and 15% grade and the State won't allow it. Mayor Morgan said they will have the Engineer here with these plans next week when they have the hearing; he will show the grades; they have a complete set of plans on Orange Avenue and 14th Street and the whole works was going to be put in at no expense to the property owners. Mrs. Irma Weed, 2336 E. 13th Street, was present and said before the next meeting she would also like them to include in their report how wide Orange Avenue and 14th Street will be and how much of a hill there will be from lath going down Orange, Mayor Morgan said there will be a hearing at 8:00 next Tuesday evening. 8/10/71 193 The report of the City Manager in regard to the grass fire in the area of 2509 E. 13th Street and recommending the claim of William H. Murphy be denied, a report of the Fire Chief, a communication from William H. Murphy and a proposal for removing and reinstalling 40' of redwood fence were presented,. Moved by Hogue, seconded by Reid, the City Manager's recommendation and the recommendation of t he Fire_ Chief be approved based on the report of the Fire Chief. William H. Murphy, 2509 E. 13th Street, was present and said his purpose in writing about the fire was not to get money from the City; (that was in the hands of the insurance company) but to alert the City Council that this area has never in the past 5 years been cleaned of weeds,, trash and debris until the Fire Abatement Law went into effect prior to the summer of 1970;he was speaking of City property behind his lot and was asking why didn't the City clean it. City Manager Osburn said this was one of the places they haven't gotten to yet. Mr. Murphy said that whole area behind his house was going to be a tinderbox; there were school kids going through there playing with matches. Mrs. Rita Sims, 2501 E. 13th Street, was present and said the City owns the property at 2505 E. 13th Street and have boarded the windows and posted "No Trespassing" signs; she suggested the house be fixed so that it could not be entered as children have been playing in there; this is a fire hazard and she would like to see it taken care of. Carried by unanimous vote. NEW BUSINESS The City Clerk's report on the opening of sealed bids for the IMPROVEMENT OF 14TH STREET AND F AVENUE, SPECIFICATION NO. 767 (Griffith Co. $15,439.42; T. 8. Penick & Sons, Inc. $17,401.24; A. B. C. Paving Co. $13,111.70; Daley Corporation $16,349.60; R. E. Hazard Contracting Co. $15, 961.85; Bo E. Wilson Contracting Corp. $24,551.53), and the recommendation of the City Engineer the contract be awarded to the A. B. C. Paving Co. were presented. Deputy City Clerk Fasig stated the Affidavit of Posting and the Certificate of Publication were on file. Moved by Camacho, seconded by Reid, the City Engineer's recommendation be approved that the A. BB C. Paving Co. be awarded the contract and all other bids be re 'ected. Carried by unanimous vote. The result of the opening of sealed bids for tires (South Bay Tire Co. 25% discount off, State & Federal Net; Firestone Stores 25% - 2% discount off, State & Federal Net) was presented. Moved by Hogue, seconded by Camacho, this item be tabled until next week. Carried by unanimous vote. An application for person to person transfer, off sale beer and wine license, by RUTH M. & SHIRLEY L. FRENCH and EDNA G. & WILBERT Mc- CULLOUGH, DBA R & E DELICATESSEN, 1331 Harding Avenue, was presented. Moved by Camacho, seconded by Hogue, the application be filed. Carried by the following vote, to -wit: Ayes: Camacho, Hogue„ Reid, Waters. Nays: None. Abstaining: Morgan. A communication from the DIRECTOR OF BUILDING & HOUSING stating the recommendation of the Building & Housing Advisory & Appeals Board t hat an ordinance be adopted to update the Plumbing Code was pre- sented. Moved by Hogue, seconded by Reid, the recommendation of the Bui ldi n & Hous in Advisor & A eats Board be a roved er xi to he Plumbing Code. Carried by unanimous vote. A communication from J. B. ASKEW, DIRECTOR OF PUBLIC HEALTH, advising that the Las Palmas Park Swimming Pool will have to be taken out of service not later than October 1 was presented. Ordered filed by unanimous vote. A communication from the CITY ENGINEER suggesting amending Ordinance 1052 regulating grading, excavations, fills and water courses was 8/10/71 194 presented. Moved by Hogue, seconded by Camacho, the City Engineer's suggestion pertaining to Ordinance 1052 be approved. Carried by unanimous vote. A communication from the CITY MANAGER attaching three letters in regard to the National City Municipal Golf Course and recommending the changes be approved and filed with the Golf Course contract, a letter from Jim Dowling, Golf Professional, submitting his resigna- tion as General Manager, President and Golf Professional of G. M. U., a letter from Jean Dowling stating that she will be Manager of the Golf Course and that Preston Sanders will be the Professional and a letter from Edgar J. Marston, Jr. stating that John A. LaPay has been elected President of G. M. U.., Inc., were presented. Ordered. filed by unanimous vote. A communication from the CITY MANAGER in regard to the fee for processing non -criminal fingerprints and a letter from the Attorney General stating that the fee for processing of non -criminal finger- prints is $3.10 was presented. Moved by Reid, seconded by Waters, the Cit Maec na er's rommendation be a roved. Carried by unanimous vote. A communication from the CALIFORNIA SAT B' requesting all. available publications from the Citf M ve e.yeHogue, sec ceded by Reid, this be referred to the Ci t Mana er. Carried by unanimous vote. REPORTS CITY MANAGER OSBURN reported receipt of a request from the Colt League for $500, for motel bills fox participants in the Colt League Tournament; he reminded the Council this was a very good cause but they have Pony League, Little League, Pop Warner and five to seven swimming events annually; if they get into this motel business it will be rather expensive; he recommended they do not give the $500. for motel bills. Moved by Hogue, seconded by Reid, the City ManagWs, recommendation pertaining to the request from Nat -Par Colt Lea ue be approved. Carried by unanimous vote. had the CITY MANAGER OSBURN said he/signed escrow papers for 2507 E. 13t h Street for the purchase of that property; they will have a resolution next week authorizing the Mayor to sign the documents. CITY MANAGER OSBURN said Mx. Harris Howell applied for a building permit for twenty units on May 17, 1971; the permit was given back to him on June 8, 1971 requiring minor changes in design and lot grading; it took Mr. Howell some time to get the design changed and the contractor could not get on the job as he intedded to, so it was July 29 before he was ready to take out his permit; on July 20, 1971 the Council asked they be notified of all apartment house developments of more than 10 units; this is, again, where they have changed the ground rules on a person after they have basically approved his plans; they should allow Mr. Howell to go ahead and build his project of 20 units. Moved by Waters, seconded by Reid, the City Manager's recom mendati cn be approved to allow Mr. Howell to proceed. City Attorney McLean said he did not recognize the name until he saw Mr. Howell in the audience; he has had a past business relationship with him; he has never discussed this particular matter with Mr. Howell nor the City Manager. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Reid, Waters, Nays: Morgan. DEPUTY CITY CLERK FASIG reported receipt of a communication from Senator Tunney in regard to the resolution on limiting imports of foreign made goods which was on file. DEPUTY CITY CLERK FASIG reported receipt of a communication from the City of Chula Vista enclosing their resolution opposing the adoption 8/10/71 195 of the report of the independent Special District Selection Committee for representation of special districts on the Local Agency Formation Commission which was on file. DEPUTY CITY CLERK FASIG reported receipt of a communication from the City of Monterey Park enclosing a resolution urging the passage of State Senate Bill 51 relating to auto repair dealers which was on file. DEPUTY CITY CLERK FASIG reported receipt of an order discontinuing Case No. 9051 before the Public Utilities Commission of the State of California in the Matter of the investigation into the Adoption of A General Order Prohibiting Pollution of Railroad Rights of Way by Railroad Corporations which was on file. DEPUTY CITY CLERK FASIG reported receipt of a notice from the U. S. Army Corps of Engineers that application has been made by National Steel and Shipbuilding Co. for a permit to extend two existing ship.. ways in San Diego Bay near the 28th Street mole which was on file. Moved by Reid, seconded by Hogue, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:08 p.m. City Cler City, of National Ci * , California The foregoing minutes were approved by tl Citcil of National City at the regular meeting of August 17$ 1971. No corrections Correction as noted below Mayor, ty at onal City, California