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HomeMy WebLinkAbout1983 01-11 CC MIN232 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 11, 1983 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, McCabe, McLean, Sr. Civil Engineer Pachon. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Wayne Rowland, First Congregational Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meetings of December 21 and December 28, 1982 and January 4, 1983 be approved. Carried by unanimous vote. MAYOR'S APPOINTMENTS The Mayor's recommended re -appointments of Cliff Bailey and James Dyer to the Traffic Safety Committee was presented. Moved by Van Deventer, seconded by Camacho, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None PUBLIC HEARINGS The Public Hearing on PROPOSED AMENDMENT to the National City MUNICIPAL CODE to REVIEW and MODIFY the REGULATIONS affecting the location of ADULT ENTERTAINMENT establishments in the City of National City (On November 8, 1982, the Planning Commission voted to recommend that Council amend the City's adult entertainment regulations [See Document No. 68286]; staff concurs with the Planning Commission's recommendation for approval of these amendments) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler said staff supports the Planning Commission's recommendations; however, in view of further information brought to their attention, they are recommending that the 300 ft. limitation be changed to 1,000 ft.; the only places where adult entertainment establishments could be located are the shopping centers and Christman Park. Discussion. No one was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, the proposed amendment to review and modify regulations affecting the location of adult entertainment establishments be approved, including the modification to 1,000 ft., and all stipulations of staff be adhered to. Carried by unanimous vote. The Public Hearing on PROPOSED EXTENSION of URGENCY ORDINANCE NO. 1784 to REGULATE the LOCATION of ADULT ESTABLISHMENTS in proximity to churches and residentially zoned property in the City (This Ordinance was adopted on September 14, 1982 as an urgency Ordinance; unless extended, it will expire on January 12, 1983; the Ordinance regulates the establishment of adult entertainment businesses within close proximity of churches and residentially zoned property and prohibits establishment of these types of businesses within 500 meters of a church or residentially zoned areas; by extending this Ordinance, all current adult entertainment regulations will be maintained, giving Council an opportunity to review all the adult entertainment regulations and to make any necessary modifications; staff recommends approval) was held at this time. The City Clerk 1/11/83 233 reported the Certificate of Publication was on file. Planning Director Gerschler said staff recommends approval. No one was present to speak in this regard. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed and the urgency Ordinance be extended. Carried by unanimous vote, The Public Hearing on PROPOSED AMENDMENT to TITLE 18 (Zoning) of the National City Municipal Code to RETROACTIVELY REQUIRE all LAUNDROMATS to PROVIDE RESTROOM facilities for customer use (On May 18, 1982, Council directed staff to commence proceedings to consider a retroactive rule requiring all laundromats to have restroom facilities available for customer use; staff conducted a survey to determine the number of laundromats and number of these establishments that presently have restroom facilities available; this survey revealed 14 laundromats in operation within the City, 9 of which presently provide restroom facilities for customer use; of these 9, 5 are coin operated; the effect of this code amendment will be to require that all laundromats provide restroom facilities for customer use, all laundromats that currently provide these amenities be required to continue to maintain them for customer use, and will require existing laundromats that do not presently provide restroom facilities to do so within a period not to exceed one year from the effective date of this amendment) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler said the Planning Commission recommended that laundromats be required to have restroom facilities; the Planning Dept. staff report brings out some vital testimony given by the Chief of Police; in view of this testimony, it might be best to not adopt this Ordinance and to treat these cases on an individual basis. Police Chief Hart was present and said his comments were directed toward 'A' Avenue Coin Laundry; Mr. Deggendorf (owner), in an attempt to reduce crime in that area, and on the recommendation of NCPD, eliminated the restroom and closed off the back door; Mr. Deggendorf is willing to do whatever the rule turns out to be. Discussion. EDWARD B. MEYER (President, San Diego Coin Laundry Assoc.), was present and said he is co-owner of the laundromat at 24th & Highland; he agrees with Mr. Gerschler that the laundromats should be considered on an individual basis. MARGARET VERMEY (Vice Pres., San Diego Coin Laundry Assoc.), was present and said less than 10% of laundromat customers use the restrooms; it is impossible to keep them clean and in working order; it would be far more effective to deal with each one on an individual basis. Further discussion. R. C. KESSLER (owner and operator of Coin Laundromat, 706 Highland) was present and said he agrees with the others. KENT CAMPBELL, 7811 Eads, La Jolla, was present and said he is the owner of the laundromat at 234 Highland; when he took over the laundromat two years ago, he had nothing but problems with the restroom; when he opened it to customers only, the problems decreased; he too agrees with Mr. Gerschler. No one else was present to speak in this regard. Moved by Camacho, seconded by Waters, the public hearing be closed and the Planning Director's recommendation (to handle on a case by case basis) be approved. Discussion. Carried by unanimous vote. (Item 12) The Acting City Engineer's request for APPROVAL of CHANGE ORDER NO. 3, RESURFACING and RECONSTRUCTION of various STREETS in National City, Engineering Dept. Spec. No. 926 (During the reconstruction and resurfacing of Roosevelt Ave., deteriorated curbs, gutters and driveways had to be adjusted to grade by replacement; additionally, a drainage box had to be lowered at the NW corner of Roosevelt Ave. and Civic Center Drive; the necessity for this change order was presented by Ralph Grahl at the pre -council meeting on October 26, 1982; cost of this change order is $1,587, amounting to 0.6% of the project bid price; funds are available; staff recommends this Change Order be approved and the Acting City Engineer be directed to sign it) was presented. Moved by Camacho, seconded by Waters, in favor of this request. Carried by unanimous vote. 1/11/83 234 (Item 13) The Acting City Engineer's request for APPROVAL of CHANGE ORDER NO. 4, RESURFACING and RECONSTRUCTION of various STREETS in National City, Engineering Dept. Spec. No. 926 (During the reconstruction and resurfacing of Roosevelt Ave., unanticipated ponding of water at the SE corner of Roosevelt Ave. and 9th St. required construction of a storm drain catch basin and a steel pipe to carry the drainage into an existing catch basin; the necessity for this Change Order was presented by Ralph Grahl at the pre -council meeting on October 26, 1982; cost of this change order is $4,992 and amounts to 1.9% of the project bid price; funds are available; this is the last change order required to close this project; staff recommends this Change Order be approved and the Acting City Engineer be directed to sign it) was presented. Moved by Camacho, seconded by Waters, in favor of this request. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,947, "RESOLUTION APPROVING THE REPORT OF THE COMMUNITY DEVELOPMENT COMMISSION FOR THE PERIOD JULY 1, 1981 THROUGH JUNE 30, 1982 AND AUTHORIZING THE FILING THEREOF." Moved by Waters, seconded by Camacho, Resolution No. 13,947 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,948, "RESOLUTION APPROVING AN AGREEMENT WITH THE CITY OF SAN DIEGO TO IMPROVE DIVISION STREET." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,948 be adopted. Carried by unanimous vote. Resolution No. 13,949, "RESOLUTION AUTHORIZING CITY CLERK TO ACCEPT DRAINAGE EASEMENT THROUGH PARCEL MAP PROCEDURE." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,949 be adopted. Carried by unanimous vote. Resolution No. 13,950, "RESOLUTION AUTHORIZING AWARD OF CONTRACT (IMPROVEMENTS OF PLAZA BOULEVARD EAST OF HIGHLAND, ENGINEERING SPECIFICATION NO. 928)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,950 be adopted. Carried by unanimous vote. Resolution No. 13,951, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Resurfacing and reconstruction of various streets in National City, Engineering Specification No. 926)." Moved by Waters, seconded by Dalla, Resolution No. 13,951 be adopted. Carried by unanimous vote. Resolution No. 13,952, "RESOLUTION APPROVING A STIPULATION BETWEEN THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY AND THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,952 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,953, "RESOLUTION CALLING ON THE DISTRICT ATTORNEY TO INVESTIGATE ELECTION LAW VIOLATIONS." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,953 be adopted. Carried by unanimous vote. _._. Resolution No. 13,954, "RESOLUTION CALLING FOR THE REGULATION OF MATERIALS EXHIBITED TO THE PUBLIC THROUGH CABLE TELEVISION." Moved by Waters, seconded by Camacho, Resolution No. 13,954 be adopted. Carried by unanimous vote. Resolution No. 13,955, "RESOLUTION COMPROMISING CONDEMNATION CASE AND AUTHORIZING EXECUTION OF ALL NECESSARY DOCUMENTS." Moved by Van Deventer seconded by Camacho, Resolution No. 13,955 be adopted. Carried by unanimous vote. 1/11/83 235 Resolution No. 13,956, «RESOLUTION ACCEPTING REAL PROPERTY (BARRAGAN)." Moved by Camacho, seconded by Waters, Resolution No. 13,956 be adopted. Carried by unanimous vote. The Acting City Engineer's request for APPROVAL of CHANGE ORDER NO. 3, RESURFACING and RECONSTRUCTION of various STREETS in National City (See Page 233, Para. 3) The Acting City Engineer's request for APPROVAL of CHANGE ORDER NO. 4, RESURFACING and RECONSTRUCTION of various STREETS in National City (See Page 234, Para. 1) The C.ty Manager's Report and recon= at:icn regarf:ling the CREATION of a CITY PUBLIC RELATIONS function (See Document No. 68287) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the City M=Wager's recommendation. Discussion. City Manager McCabe said by gc'.ng through the normal processes of examination and interviews, it would take about 60 days to fill the position; if the position is approved, the costs for the remainder of this fiscal year would come from unappropriated reserves. Further discussion. Mayor Morgan said the City Manager can work on this and at budget time, work it into the budget for next year; if he wants to put it into the operation for this year, he will have to come back to Council and get it approved. Further discussion. Carried by unanimous vote. The CLAIM for DAMAGES of MICHAEL LAWRENCE MC GUERTY, arising from an incident on October 13, 1982 and filed with the City Clerk on December 30, 1982 was presented. Moved by Camacho, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER CITY ATTORNEY OTHER STAFF - - No report. - No report. No report. MAYOR Mayor Morgan inquired about an application for a lot split for 3 single- family houses in the vicinity of 22nd and Euclid that has gone on for over three years and is so complicated the property owner cannot understand what is required. Discussion. City Manager McCabe said he would look into it. CITY COUNCIL Councilman Waters spoke of the veterinary who operates out of a van in the City, about once a month in South Bay Plaza; he does a good service, his fees are low and he is well liked; the City has received a complaint about him. Mr. Waters requested the Planning Director study the matter and make a recommendation. Councilman Van Deventer said he received a report stating that use of a temporary secretary costs $27,000 per year, whereas a permanent secretary would cost $14,000, and asked that this be brought up at budget time. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 4:00 p.m., January 18, 1983. Carried by unanimous vote. The meeting closed at 7:54 p.m. CITY CLE 1/11/83 236 The foregoing minutes were approved at the regular meeting of the City Council on January 18, 1983. / Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/11/83