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HomeMy WebLinkAbout1971 10-26 CC MIN258 MINUTES OF THE RGULAR MEETING OP THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 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, Waters, Morgan. Absent: Reid. Administrative officials present: Foster, Gunnarson, McLean, Minogue, Stenberg. SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by Assistant City Manager Stenberg followed with invocation by the Rev. R. D. Richardson, South Bay Bible CotnmunLty Church. APPROVAL OF MINUTES Moved by Waters, seconded by Camacho, th minutes of the r ular mee in 24_210.sftLa24_12n.ks.222E22s41.0 Carried by unanimous vote. Absent: Reid. COMM, COMMUNICATIONS COUNCILMAN HOGUE said one point missing in ordinances was that in planning areas such as shopping centers, they should be made to maintain driveways and parking lots free of chuck holes and things of that nature (the area at Alpha Beta has three large holes;they were asked to do something about it); maintenance of travel areas should be made part of planned develop- ment. MAYOR MORGAN invited everyone down to "Ghost Town" at 22nd and Hoover; when he was there last night people were lined up for a block or two blocks; he didn't know how many hundreds of kids were there; it was some- thing they should see, MAYOR MORGAN said Vi rl Nuttall of the Drug Abuse Committee of National City requested the Council take an interest in getting the South Bay Guidance Center to open in National, City; there was a time they talked of opening, and some people said they protested this,. The Mayor suggested the Council take another look and take more interest in it and open this drug guidance center in the City of National City; there is one in Chula Vista and it is run by the taxes paid to San Diego County. There was discussion. Moved by Morgan, seconded by Camacho, they authorize the City Manager to contaci. the president of th _ ri q 4buse JCommittee of National Cit and work with him and the South„East {Guidance Center and open up South Bay Guidance Center inr ` the Cit , Of National City. Carried by unanimous vote. Absent: Reid. VICE MAYOR WATERS said he was interested in Planned Development; the ordi- nance was adopted six months or a year ago where any building of ten units or more would come before this Council for approval; he believed some developers were coming in with four units at a time to circumvent the Planned Development. The Vice Mayor requested the City Manager check the ordinances to see if it specifically states if you can do this legally, and if you can, the ordinance should be amended to "square area" so they cant just come in with 4 units and then another 4 units and get around the intent of Planned Development. Mr. Waters asked the City Manager to check this out and see if he had any recommendations from the Planner how to go about it„ 10/26/71 259 The proclamation of "C OF SCOUT PERSON -TO --PERSON WEEK" (October 31- November 6, 1971) was read. Moved by Camacho, seconded by Hogue, the proclamation be adopted. Carried by unanimous vote. Absent: Reid. rr��rr.rrirr ORAL COMMUNICATIONS MILDRAD S. COPIC, OWNER OF GEORGE'S LIQUOR, 2605 E. l8th Street, was present asked to speak on item 1 under New Business. Mayor Morgan said he would be able to speak when the matter came up. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Hogue, the resolutions be read by title. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,486, "RESOLUTION AUTHORIZING CAPITAL OUTLAY FUND EXPEN- DITURE (El Toyon Park)." Moved by Waters, seconded by Camacho, Resolution No. 10,486 be adopted, Carried by unanimous vote. Absent: Reid. RESOLUTION NO, 10,487, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE ALTRUSA CLUB OF NATIONAL CITY." Moved by Camacho, seconded by Hogue, Resolution No. 10.487 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Nays: Morgan.Absent: Reid. RESOLUTION NO. 10,488, "RESOLUTI+t SUPPORTING IN PRINCIPLE A SINGLE UNIFIED SCHOOL DISTRICT WITHIN THE BOUNDARIES OF THE NATIONAL SCHOOL DISTRICT," Moved by Hogue, seconded by Camacho, Resolution No.. 10,488 be adopted. Carried by unanimous vote. Absent: Reid. RESOLUTION NO. 10,489, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (A, G. Murrer)." Moved by Camachh, seconded by Hogue, Resolution No. 10,489 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Morgan, Nays: None. Abstaining: Waters. Absent: Reid. RESOLUTION NO. 10,490, "RESOLUTION OF AWARD OF CONTRACT (Plaza Boulevard Interceptor Sewer, Specification No. 768)." Moved by Camacho, seconded by Hogue, Resolution No. 10.,,490 be adopted. Carried by unanimous vote, Absent: Reid. INTRODUCTION OF ORDINANCES ORDINANCE NO. 1288, "An Ordinance of the City of National City, California, Providing for the Payment of Fees in Connection with Construction of all Dwelling Units and Further Providing for the Use of Such Pees for Public Park and Recreational Facilities," was presented for first reading. Moved by Camacho, seconded by Hogue, Ordinance No. 1288 be read by title. Carried by unanimous vote. Absent: Reid. City Attorney McLean said prior to his reading this ordinance which was an ordinance relating to the levying of a tax for the construction of dwelling units and reserving the proceeds for the purpose of parks and recreation facilities, the Council will have to advise him the fee schedule they desire to adopt. Moved by Morgan, seconded by Camacho, they have a unit price of $75 and $35 for trailers.. There was discussion. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Morgan. Nays: Waters, Absent: Reid. The title of the ordinance was read. REPORT OF CITY ATTORNEY CITY ATTORNEY McLEAN stated the trial of the pending action to acquire the properties of the California -American Water Co. will commence this coming Monday morning and they hope to conclude that trial in about 51 months. 10/26/71 260 APPROVAL OF BILLS B .LLE AUDITED BY THE FINE COMMITTEE were presented: General Fund $23,0283.17 Traffic Safety Fund 2,208.99 Capital Outlay Fund 12.63 Park Fund 204.43 Gas Tax 2106 150.87 Special Street Fund 14,005.66 Sewer Fund 490, "7.,," of 40 356.15 Moved by Camacho, seconded by Hogue, these bins be aid and waren rs drawn, Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters Morgan, Nays: NOne. Absent: Reid. ORAL COMMUNICATIONS (continued) The REV, DTCK oSSNESS, First Christian Church, 1234 "K" Street, was present and requested financial aid for the Servicemen's Center; the Center was about to go under and was approxl mat el y $700 in debt; he requested $2,000 to assist. Mr. Qssness said approximately 500 service- men per month use the Center; it costs approximately $20 per day to operate the Center and it was not eligible for United Crusade Fund until June of '72 because of certain stipulations. Mr. Ossness said the offering at the Thanksgiving church services will be given toward the Servicemen's Center; they are trying to do what they can and will assist however they can; the rent is due next week and there is no money, Mayor Morgan said the City Manager would be in Friday or next Monday for sure and Rev, Ossness should make an appointment with him and could talk to him; he will have some ideas.. Rev. Ossness said he would see him next Monday. COUNCILMAN HOGUE said someone tad him that because of a certain behavior of some young people the Pop Warner games have to be moved from El Toyon Park to Sweetwater High School; he asked if that was true and if anything could be done about controlling that kind of conduct. Mayor Morgan asked the Assistant City Manager to check on it. NEW BUSINESS An application for change of priority on alcoholic beverage license from off -sale beer and wine to off -sale general by J. L, and L. 24 STOCKBRIDGE, DBA► LUSTER'S COUNTRY MARKET, 2540 Bast 18th Street, was presented. Moved by Hogue, this item be filed. Motion died for lack of second. Mayor Morgan inquired if this was right next door to the Baptist Church. MI DRAD S. COPIC, OWNER OF GRORGE'S LIQUOR, 2605 E. 18th Street, was present and said yes, next to the Baptist Church and across the street from his business; he felt that area does not have enough population for two of that same kind of business* There was discussion* Moved by Morgan, seconded by Caaacho, this item be referred to the City Manager for further study and put it on the agenda for next week. Vice Mayor Waters said he would like to listen to the other side of the story. EARL STOCKBRIDGE, 2540 E. 18th Street, was present and said he had an alcoholic beverage license for 0/ years; he had his license before the church moved there; he didn't complain about this gentleman having milk and bread and cheese sold in his liquor store and he didn't know why he complained about his having a liquor license in his grocery store* Motion failed by the following vote, to -wit: Aye;: Camacho, Morgan, Nays: Hogue, Waters. Absent; Reid. Moved by Hogue, seconded by Waters, this its , , th a li ate, on for chance of Rlicense, at 2540 Et 18th Street be filed, Carried U by the oowa,ng vote, to wits Ayes: Caaaacho, Hk» ue, Vetere. Nays: Morgan. Absents Reid,. 10/26/71 261 COUNCILMAN HOGUE asked the City Attorney if Robert's Rules of Order provided that when a topic was brought up the motion was made and then your discussion follows. City Attorney McLean said the principles of Robert's Rules are a part of the "Guideline of Legislative Action" which the Council adopted as its guide for conducting Council meetings; Robert's Rules provide that after the motion was made debate occurred; it was up to the Council to determine its own rules of procedure on the question of whether members of the public should speak before a motion or after a motion and this has never been settled; the "debate" of Robert's Rules of Order pertained to debating by those people who were able to vote on the issue and the public doesn't do that. HEARINGS The CONTINUED HEARING ON THE INTENTION TO VACATE AND CLOSE A PORTION OF FIFTH STREET (NORTH HALF BETWEEN ROOSEVELT AND NATIONAL AVENUES) was held at this time. City Clerk Minogue stated the Planning Commission recommen- dation was attached to the agenda. Assistant Planner Gunnarson said the Commission recommended in favor of vacating the northern half of this street; there are two points that should be considered; if the Council chooses to vacate the northern half of 5th Street, the next item on the agenda (the closing of the southern half of 5th Street), the conditions recommended for approval would have to be modified to allow for the closing of the entire street; the other point is that if the Council wishes to withhold the street vacation until the abutting property owners could present their development plans for the vacation to be tabled until another day. No one was present in this regard,. Moved by Waters, seconded by Camacho, the hearing be closed and they vacate and close a portion of 5th Streets the north half between Roosevelt and National Avenue, be granted and all stipulations of the Planning staff be adhered to. E. H. ALSDORF, 2105 J Avenue, was present and spoke against street closings. Motion carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Nays: Morgan. Absent: Reid. City Attorney McLean said the recommendation of the Planning Commission included the recommendation not to consider a formal resolution vacating until certain steps concerning public improvement had been accomplished and was this the Council's intent to abide by this. Vice Mayor Waters said he said he included all stipu- lations of staff. City Attorney McLean asked if they could have a separate motion as he was not sure it was in the record; could we have a motion to reserve formal action until the public improvements have been taken care t. Moved by Waters, seconded by Camacho, the City Attorney's recommenda- tion be approved. Carried by the following vote, to -wit: Ayes: Camacho, Hogue, Waters, Morgan. Nays: None. Absent: Reid, The CONTINUED HEARING ON THE INTENTION TO VACATE AND CLOSE A PORTION OF FIFTH STREET (SOUTH HALF BETWEEN ROOSEVELT AND NATIONAL AVENUES) was held at this time. City Clerk Minogue stated the Planning Commission recommen- dation was attached to the agenda. Assistant Planner Gunnarson said the Planning Commission recommendation was in favor of vacating the southerly half of Fifth Street; he would again point out that the recommendation was to present three conditions and two of thos conditions would need to be modified to accommodate the closing of the north half of Fifth Street. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and the intention to vacate and close a ortion of Fifth treet the south half between Roosevelt and National Avenue, and all of staff's sti ulations and the Plannin Commission's be adhered to and also this particular piece will not be vacated until said improvements have been furnished to the staff, Vice Mayor Waters inquired if the street wasn't developed as proposed would it revert back to a street. City Attorney McLean said the conditions that the Planning Commission considered and recommended to the Council was that prior to the legal vacation of the street the interested owners deposit security in the amount of S10,000 (which the engineers believe necessary to re-route curb lines and eliminate the characteristics of the property as a public street and also relinquish certain access routes the owner may have); if the owners do these things the Council will then adopt its resolution 10/26/71 262 vacating the street; the adoption of that resolution is a legal act and extinguishes the public interest in that property; if something happens later on and you decide to reestablish a public right of way on this property, you will have to do it by condemnation. There was discussion. CHARLES E. BROWN (Co -Owner of the property in Question), 710 E Street, Chula Vista, was present and discussed his development and plans and answered questions of the City Council. Motion carried by unanimous vote. Absent: Reid. NEW BUSINESS (continued) A communication from the DIRECTOR OF HOUSING AND BUILDING recommending the request of F. D. Longworth for a refund of a sewer lateral fee at 1339 Roosevelt Avenue be granted, a receipt for $150 and the request of F. D. Longworth were presented. Moved by Camacho, seconded by Waters, the recommendation of the Director of Housing and Building for a refund of, pewer lateral fee to Mr. F. .. D. Longworth be approved. Carried by unanimous vote. Absent: Reid. A communication from the PRESIDENT, ALTRUSA CLUB, recommending the City Council seek additional clinic ram the Department of Public Health to serve the communitielaaaasWndgue, seconded by Camacho, the recommenda- tion of the Altrusa Club be approved and this be referred to the City Manager for further grocer si n. Carried by unanimous vote. Absent: Reid. A communication from the ASSISTANT CITY MANAGER stating the City Attorney recommends the Council deny the application for leave to file a late claim on behalf of LAWRENCE V. BONNER signed by Michael J. Roark, Attorney, the claim, and a transmittal of claim by the Deputy City Clerk were presented. Moved by Waters, seconded by Camacho, the City Attorney's recommendation they deny the application for leave to file a late claim for Lawrence V. Bonner be a roved and the licit Son be fi led. Carried by unanimous vote. Absent: Reid. A communication from the SAN MARCOS CHAMBER OF COMMERCE in regard to the reapportionment of Senatorial Districts 38 and 39, the San Marcos Chamber of Commerce resolution opposing the proposed redistricting, and the City of San Marcos resolution opposing the proposed redistricting were presented. Ordered filed by unanimous vote.. Absent: Reid. A communication from the CITY MANAGER in regard to a Christmas ad in the National City Star -News and a copy of last year's ad were presented. Moved by Hogue, seconded by Camacho, the recommendation of the City Manager the take the same t e of ad the had last ear be a roved. Carried by unanimous vote. Absent: Reid. The LEAGUE OF CALIFORNIA CITIES LEGISLATIVE BULLETIN dated October 15 was presented,. Ordered filed by unanimous vote. Absent: Reid. A communication from the ASSISTANT CITY MANAGER filing two items with the City Clerk (No Council Action Necessary): (1) Communication from the San Diego County Water Authority dated 10/6/71 regarding Autheraity Water Stored in the San Vicente Reservoir and (2) Notice of termination of Auctioneer's Bond from the Fidelity and Deposit Co. on behalf of Kenny Gorham, P. 0,.. Box 59, Lakeside, California, was presented. REPORTS ASSISTANT CITY MANAGER STENBERG reported on the request of the City Council to investigate a recommendation of the Street Tree Committee to remove a pepper tree at 1125 "E" Avenue; the Director of Parks & Recreation and he made a visual inspection of this site and they are recommending concurrence with the recommendation of the Street Tree Committee. Moved by Morgan, they have the Manager to check this once more and see if he can cut the 10/26/71 263 roots along the sidewalk area and save this tree, Motion died for lack of second. Moved by Hogue, seconded by Camacho, they go along with the recommendation of the Tree Committee and also the recommendation of the City Manager the tree be removed. There was discussion. Motion failed by the following vote, to -wit: Ayes: Camacho, Hogue. Nays: Waters, Morgan. Absent: Reid. ASSISTANT CITY MANAGER STENBERG reported last Wednesday City representa- tives attended a meeting at the County Operations Center on Kearney Mesa in which County officials explained that the City of National City would receive in the next twelve months something over $400,000 on the Public Employment Program; the City is already a participant in this program to a much lesser extent; however, we will be gearing our program to work with the State Employment Office and they should be giving the Council further reports, CITY CLERK MINOGUE reported receipt of the San Diego Unified Port District Annual Report which was on file. The PLANNING COMMISSION recommendation the South Bay Bible Community Church be granted permission to post three directional signs of public property subject to two conditions of staff and adding the third condition that signs shall be placed on galvanized pipe not less than two inches in diameter was presented, Moved by Hogue, seconded by Waters, the Planning Commission recommendation and the r su estions be a roved. Carried by unanimous vote. Absent: Reid, The PLANNING COMMISSION recommendation the exemption from installation of sidewalks within the Southland Industrial Park Unit 2 Subdivision, exclud- ing Lots 4, 15 and a portion of Lot 3, be denied was presented. Moved by Waters, seconded by Camacho, the Planni nc9 Commission recommendation be approved that the Southland Industrial Park Unit 2 Subdivision, exclu4j ml Lots 4 5 and a ortion of Lot 3 be denied. Carried by unanimous vote. Absent: Reid. WALTER KUETZING, (Consultant Architect for the La Jolla Investment Co., developer) 11750 Sorrento Valley Road, San Diego was present and explained the reasons for the request for exemption. There was discussion. The PLANNING COMMISSION recommendation deferral of installation of curbs gutter, sidewalk and permanent paving for one-half the street width at 2235 and 2213 Grove Street be approved subject to the two conditions listed by staff was presented. Moved by Hogue, seconded by Camacho, th,ss item ertainin to the deferral of installation of curbs utters, side- wa]ks at 2235 and 2213 Grove treet be a roved subject to the two Condi- t_ ions listed �bj, staa.ff, Carried by unanimous vote. Absent: Reid. IMIlIP1M The PLANNING COMMISSION recommendation installation of curb, gutter and sidewalk at 2510 Cleveland Avenue (Wright Packing Co.) be held in abeyance until after the matter of 25th Street and Cleveland vacations are concluded was presented. Moved by Camacho, seconded by Hogue, the Plannin Commission ecommendati on be a roved on this installation of curbs for the Wright Packing Carried by unanimous vote. Absent: Reid. The PLANNING COMMISSION recommendation the deferral of installation of curb, gutter, sidewalk and one-half street permanent paving at 2702, 27100 2718, 2726 Lincoln Court be denied was presented. Moved by Hogue, seconded by Waters, the Plannin Commi ss ion rec mmendation to den the deferral of installation of curbs& utters and sidewalks on the listed addresses_ on Lincoln Court be approved. TCarried by unan ,mous vote. Absent: Reid.. The plans for the proposed eighteen unit apartment complex at 18th Street and "K" Avenue (Monty Young) were presented. Moved by Morgan, seconded by Camacho, this item be referred ack to the Planner and he will come u with comet, no that he could recommend ip avor of. Carried by unanimous 10/26/71 264 vote. Absent: Moved by Hogue, unanimous vote. Rei d. seconded by Camacho, the meeting be closed. Carried by Absent: Reid. The meeting closed at 8:42 p.m. (---, City Clerk City o National City, Cal ornia The foregoing minutes were approved by the City Council of National City at the regular meeting of November 2, 1971 No corrections Correction as noted below '4 ional City, California 10/26/71