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HomeMy WebLinkAbout1968 03-12 CC MIN236 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 12, 1968 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. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Absent: None. ADMINISTRATIVE OFFICIALS PRESENT: Foster, McLean, Minogue, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by Vice Mayor Colburn. Moved by. Hogue, seconded by Harris, the Minutes of the regular meeting of March 5, 1968 be approved. Carried by unanimous vote. The Mayor's proposed proclamation of "INTERNATIONAL DeMOLAY WEEK (March 17th - 24th)" was read. Moved by Colburn, seconded by Harris, the proclamation be approved. Carried by unanimous vote. THEODORE E. DuCHARME, owner and operator of Sop.hie's, 18 West 8th Street, was present and said he wished to speak regarding Item 1 under New Business (Prayer for consideration of the matter of continued operation of Sophie's). Moved by Hogue, seconded by Reid, this item be brought to the floor at this time. Carried by unanimous vote. Mr. DuCharme asked the Council to permit him to continue operation of his business until the building was red -tagged or the other businesses in the buildings were forced to close down; he had repainted inside and outside and he would be glad to do anything he could do as a tenant to promote safety to bring it up to code. City Manager Osburn said the Council protested the transfer of an on sale beer license. Mr. DuCharme said it was a person to person transfer; the license was issued for the premises. Vice Mayor Colburn said Council voted, and the City Attorney was carrying out the action, to close all of the businesses in the building as it was determined to be unsafe and inquired if there was a time schedule for all of them to be closed. City Attorney McLean said he was instructed by Council to give tenants ninety days notice and red tag the building when ready to proceed in Court; suit will be filed tomorrow morning. The Vice Mayor said Council was obligated to make sure business establish- ments open to the public were as safe as possible; the safety of this bushess has been questioned time and time again; he would not go along with the request unless the owner of the building came in with sufficient plans to support the safety of the building. Mayor Morgan inquired if the suit was filed tomorrow, did that mean the building would be red -tagged in ninety days from that date. City Attorney McLean said that was his present instruc- tions; as a matter of fact, when the Building Inspector made his inspection in August, the building could have been red -tagged then without notice but Council during an Executive Session said they wanted to give the businesses located there a fair chance. Mayor Morgan inquired of Mr. DuCharme if the ninety days would alleviate the situation for him. Mr. DuCharme said if Mr, Hicks (owner of the building) does repair, it would work out all right; if his person to person transfer goes thr augh, in the event Mr. Hicks tears the building down and rebuilds, he would have a valid license in that loca- tion which is what he was trying to protect. City Attorney McLean said what Mr. DuCharme wanted was for Council to withdraw the protest to the transfer' of a liquor license to Sophie's; this came up about three or four weeks ago when Council voted to protest the transfer of the license on the grounds the business would be conducted in an unsafe building; the Council did not want to be a party to perpetuating this dangerous condition. Vice Mayor Colburn inquired if it would be detrimental to their case if they allowed the person to person transfer of the beverage license. City Attorney McLean said there would be an inconsistency in filing suit because the owner won't obey the law and at the same time telling the State of California it is all right to continue this business; if he can show his building has been brought up to 3/12/68 237 code, theta he could defeat the Council's protest. Mr. DuCharme said the Public Health Inspector had a list of things he wanted done to meet sanitary standards and he had met all of these. Moved by Hogue, seconded by Reid, this request be denied and filed. Carried by unanimous vote. TOM MILLS, representing National City Jaycees, was present and said there would be a candidates' forum at the Kimball Park. Community Building, March 25th, 7:30 p.m.; there would be requests from the public and the audience concerning upcoming issues and the candidates for office would be there; the City Council was invited. E. H. ALSDORF, 2105 J Avenue, was present and thanked the Council for action taken on the request of Mr. DuCharme. Mr. Alsdorf said a lady in the audience wanted to know what she had to do to get an alley paved. City Manager Osburn said if a person wanted an alley paved, petitions should be secured from the City Engineer, a majority of the property owners sign it and it would be started as a 1911 Act. ROGER MAURAIS, 1708 Cleveland Avenue, was present and said he was present in regard to action taken by the Council on the 20th of February to remove a fence that was encroaching on City property and he had been given thirty days to take care of this; he was asking for an extension of sixty days for two reasons: March loth he was able to secure property on the opposite side of the street which would give him enough land to start im- provements (Mr. Maurais exhibited to the Council an artist's rendering of proposed buildings); he received the preliminary engineering drawing with the soil test for installing an 8' fence; this is quite complicated and expensive; he would have the complete engineering drawing in possibly two weeks which would cover the structure, type of material, set backs, etc. Councilman Hogue inquired if the extension was given would it mean the Council condoned the encroachment. The City Attorney said by giving the extension they were simply accommodating a citizen. Councilman Harris inquired if, when the property was vacated, Mr. Maurais would have the fence removed. Mr. Maurais said it would be; it was his fence; his lease calls for the property to be vacated in its original shape. Moved by Harris, seconded by Hogue, the extension of sixty days be given. Councilman Hogue said a couple weeks ago Mr. Maurais indicated in a way the City might be discriminating against him as his was not the only fence protruding on to City property; it was brought up at that time that the rest of the block should be checked and he wondered if that had been done. Director of Planning Stockman said they hoped to have the report next week; the Engineering Department will have to determine set back. Motion carried by unanimous vote. VICE MAYOR COLBURN inquired about requirements for an 8' fence. City Manager Osburn said he didn't think it would be in order for the City's engineer to design fences for private people. Vice Mayor Colburn said he was only referring to the specifications. City Manager Osburn said the costs varied because of the soil. RESOLUTION NO. 9556, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GAS TAX 2107 TO TRAFFIC SAFETY FUND ($50,000.00)," was presented. Moved by Harris, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9557, "RESOLUTION OF AWARD OF CC TRACT (20th Street, 24th Street, Valle Vista Avenue, Granger Avenue, Van Ness Avenue - Assessment District No. 150)," was presented. Moved by Hogue, seconded by Reid, the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. RESOLUTION NO. 9558, "RESOLUTION ESTABLISHING NO PARKING AREAS ON THE NORTH SIDE OP WEST 8TH STREET," was presented. Moved by Harris, seconded by Reid, 3/12/68 238 the reading of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Mayor Morgan asked the City Manager to work with the Navy to see if they could get sidewalks and curbs in this property; they not only expect the people but also the Navy to abide by ordinance. Carried by unanimous vote. Moved by Hogue, seconded by Harris, a resolution be sent to the U. S. Navy stating they request people to put in sidewalks and curbs when they do a certain amount of improvement in our City and the City requests the same thing of them. Carried by unanimous vote. ORDINANCE NO. , "An Ordinance Amending Ordinance No. 962, Zoning Ordinance of the City of National City, California, Zone Change from R-4, Multiple Family Residence Zone to C-4, Wholesale Commercial Zone, to Permit Sale of City Owned Land for Automobile Agency Enlargement to Lamb Chevrolet," was presented for the first reading. Moved by Colburn, seconded by Harris, the reading of the Ordinance be by title only. Carried by unanimous vote. The title was read. ORDINANCE NO. 1191, "AN ORDINANCE AMENDING CIVIL SERVICE ORDINANCE 1076 ESTABLISHING RIGHTS OF EMPLOYEES COVERED DURING ABSENCE FROM DUTY," was presented for the second reading. Moved by Colburn, seconded by Reid, the reading of the ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Colburn, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. RESOLUTION NO. 9559, "RESOLUTION AUTHORIZING DEPOSIT OF FUNDS INTO ESCROW (24th Street Right of Way," was presented. Moved by Hogue, seconded by Harris, the reading of the resolution be waived and it be adoj ted by reading of the title only. Carried by unanimous vote. The title was read. Moved by Harris, seconded by Reid, the Resolution be adopted. Carried by unanimous vote. The CITY MANAGER'S report in regard to expansion of the golf course, was presented. Councilman Hogue inquired .how much it would cost to hire an appraiser as recommended in the report. City Manager Osburn said the appraiser's fee would be in the neighborhood of $1,000.00; it would give them a price to declare for the property in case the owners do not desire to sell; he knew there was one who did not. Moved by Harris, seconded by Hogue, an appraiser be hired to appraise the property. Councilman Hogue asked the City Manager for an off -hand figure as to what the cast might be. City Manager Osburn said $8,000.00 - $10,000.00 for the 3.8 acres. Councilman Harris said he didn't think they could get cost comparisons on this property as it was on the bottom of the hills, was unusable because it was landlocked, etc. E. H. Alsdorf, 2105 J Avenue, said he was against condemning a person's property for pleasure. Mayor Morgan said the older people who played on this narrow fairway were unable to retrieve balls which went over the fence and therefore, did not go there to play. Councilman Harris said there were youngsters who collect the balls that go wer the fence and sell them back to the people; it is quite a lucrative business. Mayor Morgan said the City gets water furnished from the wells; the wells furnish the water to the swimming pool and all the park down there which comes to $500.00 - $800.00 a month. Councilman Hogue said in regard to supplying of the water to the swlmming pool, the price of the water is deducted from the cost of drilling the well so that the well will eventually belong to the City; actually in a way they are not really supplying the water; they are, but they are getting something out of it; t.hey're getting paid back for drilling the wells. Carried by unanimous vote. An application for a business permit by the WEST COAST SHOWS (carnival, March 27th - 31st at South Bay Plaza), was presented. City Manager Osburn said this was the third show they have in the area; they have furnished the application for a license, have paid their license fee for five days and have furnished an insurance policy; he could see nothing wrong with the application. Moved by Colburn, seconded by Harris, the application be approved. Carried by unanimous vote. 3/12/68 239 The request of the NATIONAL SCHOOL DISTRICT for additional assistance in the training and supervision of the District's eight Junior Patrols, was pre- sented. Moved by Reid, seconded by Colburn, this request be laid over for another week.. City Manager Osburn said they did not have an answer from Mr. Colvin (District Superintendent) as to what he wanted the City to do. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to a special census, was presented. Moved by Hogue, seconded by Reid, the request (for a special census) be granted. Carried by unanimous vote. A communication from the SENIOR CLASS SECRETARY, SWEETWATER UNION HIGH SCHOOL, requesting permission to solicit in regard to Donkey Softball Game between the 1968 and 1969 graduating classes, game scheduled for March 29th, was presented. Moved by Harris, seconded by Hogue, the request be granted. Carried by unanimous vote. A communication from CITY MANAGER OSBURN in regard to a request of American Oil Company for an overwidth driveway (southeast corner of Palm and Plaza Boulevard), was presented. Moved by Hogue, seconded by Reid, the communica- tion be filed. Vice Mayor Colburn inquired if it would be proper to hold up any action and askthis report be brought back after the Planning Commission meeting of the 25th instead of being brought back next week. City Attorney McLean said that would be fine. Motion carried by the following vote to -wit: Ayes: Harris, Hogue, Reid, Morgan. Nays: Colburn. A communication from CITY MANAGER OSBURN in regard to Student in Government Day, Tuesday, May 14th, was presented. Moved by Hogue, seconded by Harris, the request (permission to arrange further details with Sweetwater High School officials) be granted and the communication be filed. Carried by unanimous vote. An application for person to person transfer of on -sale beer license by MARGIE L. and JOYCE MORAN, DBA CREW'S INN, 2439 National Avenue, was pre- sented. Moved by Colburn, seconded by Hogue, the application be filed. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Nays: None, Abstaining: Morgan. The Minutes of the LIBRARY BOARD OF TRUSTF-PS meetings of March 1st and March 6th, were presented. Ordered filed by unanimous vote. Approval of step increases for L. A. GOODALL, D. D. HERRIN and W. A. McDONALD, all approved by the department heads and the City Manager, were presented. Moved by Harris, seconded by Reid, the step increases be granted. Carried by unanimous vote. An application for refund of a $25.00 Performance Bond by EDWIN A. JARVIS, 2332 Granger Avenue, was presented. Moved by Colburn, seconded by Harris, the refund be approved and a warrant be drawn for same. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. Items to be filed with the City Clerk (no Council action necessary): 1. Letter from the American LaFrance Company, 100 East LaFrance Street, Elmira, New York enclosing Performance Bond #1431897 covering purchase of fire apparatus by the City; 2. Letter from the San Diego County Water Authority, dated March 1, 1968 enclosing a tabulation showing changes in quantity of water stared in San Vicente Reservoir as of February 29, 1968, and average monthly water deliveries in c.f.s. by the Authority to member agencies for fiscal year 1967-68, were presented. CITY CLERK MINOGUE presented her request for approval of hiring additional office help for one day (Municipal Election). Moved by Hogue, seconded by Colburn, the request be granted. Mayor Morgan inquired if the employees in 3/12/68 240 the Reproduction Room and Personnel Office had time to help in this election. City Manager Osburn said Mrs. Minogue would prefer to have someone who was familiar with election laws and election procedure; she has in mind two people who formerly worked as precinct supervisors; this would just be for one day. Carried by unanimous vote. DIRECTOR OF PLANNING STOCKMAN presented her request to give orally the Planning Commission recommendation of March 11, 1968 regarding a Special Use Permit for 1625 Coolidge Avenue, National City Towing Service. Moved by Colburn, seconded by Reid, the request be granted. Carried by unanimous vote. Director of Planning Stockman reported the Planning Commission voted unanimously that a Special Use Permit be granted to the National City Towing Company, as a participant in the assignment of service calls on police impounded automobiles, to store on the property known as 1625 Coolidge Avenue, National City, motor vehicles which have been removed from the streets and highways of the City of National City and impounded by the Police Department because they are illegally parked, abandoned, involved within an accident, or obstructing traffic because of mechanical failure, subject to seven condi- tions. Moved by Colburn, seconded by Reid, the Planning Commission recommen- dation be approved. Carried by unanimous vote. The CITY TREASURER'S report for the month ending February 29th, was presented. Moved by Hogue, seconded by Colburn, the report be accepted and filed. Carried by unanimous vote. An Executive Session was called by the Mayor (8:30 p.m.). The meeting reconvened at 8:55 p.m. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Absent: None. Moved by Colburn, seconded by Reid, the City Attorney be authorized to file legal action against the firm which is disposing of rip rap. cement and debris on the public right-of-way at 28th Street near Wilson Avenue. Carried by unanimous vote. MAYOR MORGAN stated the Congress of History was held in the City last weekend for three days; there were people present who knew the history of the County, City and surrounding areas and enlightened those present on what the City stood for many years ago and what it stands for today; he received a medal (which he did not have with him but would bring to Council next week) which Frank Kimball received in 1880 for the best olives in San Diego County. The Mayor stated Mrs. (Helen) Lamb and Mr. and Mrs. Minogue did an outstanding job working on the Congress. Moved by Hogue, seconded by Harris, the meeting be closed. Carried by unanimous vote. The meeting closed at 9102 p.m. ATTEST: MAY N IONAL CITY, CALIFORNIA 3/12/68