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HomeMy WebLinkAbout1982 01-05 CC MIN1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 5, 1982 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Grahl, McCabe, Asst. City Attorney Montandon, Principal Planner Post, 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. Hubert Campbell. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meetings of December 15, 1981 and December 22, 1981 be approved. Carried by unanimous vote. PROCLAMATION The Mayor's proposed Proclamation of "CONSERVATION WEEK - January 11-17, 1982" was read. Moved by Van Deventer, seconded by Camacho, this Proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to members of the Chula Vista Jaycees. PUBLIC ORAL COMMUNICATIONS STEVE TICHY, 2231 Ridgeview, San Diego (member of the Board of Directors, South Bay Historical Society), was present and said he had heard nothing from the City Manager re Granger Music Hall being transferred over to the City. Discussion. City Manager McCabe said his report will be on next week's agenda. First District Supervisor (San Diego County), TOM HAMILTON was present and read a letter from the Board of Directors, Sander (San Diego Energy Recovery Project), to the Mayor and Council, advising that they are no longer considering the parcel of Navy -owned property at Eighth Street and Harbor Drive as a location for the Sander refuse -to -energy facility, and requesting that the advisory measure be removed from the City's April ballot. Moved by Camacho, seconded by Van Deventer, in favor of Supervisor Hamilton's request. Carried by unanimous vote. Mayor Morgan presented a "Key to the City" to Supervisor Hamilton. JOHN CURTIS, Imperial Beach (Lifeguard at Silver Strand State Beach) was present and said the fresh water showers at the Silver Strand State Park were washed away during the storms three years ago and have never been replaced and requested the City's support of his attempt to have them replaced by the State; he will also approach the City Councils of Chula Vista, Imperial Beach and Coronado to enlist their support. Discussion. Moved by Waters, seconded by Morgan, this be referred to the City Manager. 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. (Item 9) The City Engineer's REPORT on Feasibility of PETITION, 9TH STREET EAST OF PARADISE (with reference to the Streets and Highways Code, Division 4, Part 1, Section 2804, this project can proceed and the 1931 Act Proceedings waived) was presented. Moved by Dalla, seconded by Van Deventer, the report be approved. Carried by unanimous vote. 1/5/82 2 Resolution No. 13,716, "RESOLUTION ORDERING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (9th Street East of Paradise), ASSESSMENT DISTRICT NO. 211." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,716 be adopted. Carried by unanimous vote, Resolution No. 13,717, "RESOLUTION ORDERING PLANS AND SPECIFICATIONS (9th Street East of Paradise), ASSESSMENT DISTRICT NO. 211." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,717 be adopted. Carried by unanimous vote. Resolution No, 13,718, "RESOLUTION ACCEPTING A REQUEST FOR DEFERRAL OF STREET IMPROVEMENTS AND A COVENANT RUNNING WITH THE LAND (1318 Lanoitan Avenue, Arballo)." Moved by Waters, seconded by Van Deventer, Resolution No. 13,718 be adopted. Carried by unanimous vote. (Item 19) Planning Commission Resolution No. 42-81, "Resolution adopting an AMENDMENT to Use Group 17 of APPENDIX D of the National City Land Use Code" (At their meeting of December 14, 1981, the Planning Commission directed staff to prepare a resolution allowing additional uses in the Commercial Limited [CL] zone; the purpose of the CL zone is to provide for small scale, limited convenience retail shopping facilities at the "neighborhood" level; this zone should include neighborhood convenience oriented businesses such as small retail shops and small service businesses; staff concurs with Planning Commission approval) was presented. Ordered filed by unanimous vote. Resolution No. 13,719, "RESOLUTION AMENDING APPENDIX D OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO ALLOW ADDITIONAL USES WITHIN THE COMMERCIAL LIMITED PLANNED DEVELOPMENT (CL-PD) ZONES." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,719 be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 21, dated December 8, 1981, in the amount of $65,386.72 (Warrants 74347 through 74422), and CERTIFICATION of PAYROLL for the period ending November 30, 1981, in the amount of $223,267.01 was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn, Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 22, dated December 15, 1981, in the amount of $185,688.28 (Warrants 74423 through 74485) was presented, Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 22A, dated December 29, 1981, in the amount of $328,128.06 (Warrants 74486 through 74580), and CERTIFICATION of PAYROLL for the period ending December 15, 1981, in the amount of $220,193.31 was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 23, dated December 29, 1981, in the amount of $101,004.57 (Warrants 74585 through 74627) and CERTIFICATION of PAYROLL for the period ending December 15, 1981, in the amount of ($242.38) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan, Nays: None. 1/5/82 3 The City Engineer's Report on Feasibility of Petition, 9th Street East of Paradise (See Page 1, Para. 10). The City Treasurer/Finance Director's FINANCIAL STATEMENTS (with Report on Examination by Certified Public Accountants, Diehl, Evans and Company, for Fiscal Year 1980-81; staff recommends the report be accepted and copy placed on file with the City Clerk for public review) was presented. Ordered filed by unanimous vote. The request of CIRCUS VARGAS and PLAZA BONITA to conduct a PROMOTIONAL EVENT at 3030 Plaza Bonita Rd. from January 28 to February 1, 1982, between the hours of 10:00 a.m. and 12:00 p.m. (..Circus Vargas to operate a 3-ring circus, no games and sideshows at the Plaza Bonita Mall parking lot; Use Class A - City Council approval required; Planning, Finance and Police Departments recommend approval; Fire Dept. recommends approval subject to fire inspection and code compliance for public assembly; staff recommends approval) was presented. Moved by Waters, seconded by Van Deventer, in favor of this request. Discussion. Moved, by Dalla, seconded by Van Deventer, the motion be amended to include, we look into some sort of policy that would limit the number of events of this magnitude that can be held in the parking lot each year. A representative of Circus Vargas was present and said they have deposited a clean-up bond with the City and Plaza Bonita; he will personally be out there the morning after the circus closes to make sure all trash is cleaned up by 9:00 a.m. Further discussion. Amendment carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Motion carried by unanimous vote. The APPLICATION for LIQUOR LICENSE, premises transfer, Type 09 - BEER AND WINE IMPORTER, Type 12 - DISTILLED SPIRITS IMPORTER, Type 17 - BEER AND WINE WHOLESALER, Type 18 - DISTILLED SPIRITS WHOLESALER of Julio Benito and Ned Nedel, 1413 Wilson Ave., dba BACO INTERNATIONAL IMPORT- EXPORT (Applicants are partners in wholesale food and meat business, this license allows importing beer, wine, and distilled spirits, plus wholesale of beer, wine and distilled spirits; applicants were previously located in San Diego; they have had an ABC license of this type for three years with no adverse actions taken by ABC; this application transfer their license to the National City address; Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Van Deventer, seconded by Camacho, this application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The CLAIM FOR DAMAGES of RORRICK DUMONT SMITH, arising from an incident on December 9, 1981, and filed with the City Clerk on December 21, 1981 was presented. Moved by Dalla, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 36-81, APPLICATION for CONDITIONAL USE PERMIT to allow sales, service and installation of AUTOMOBILE ELECTRONIC ACCESSORIES at 2315 Highland Ave., CUP-1981-20 (This application involves the proposed use of property located on the east side of Highland Ave., 140 ft. north of the intersection of 24th and Highland Ave., for the sale and installation of automotive electronic equipment including, but not limited to, stereos, citizens band radios, theft alarms, cruise controls, fuel/mileage computers, power windows and clocks; staff concurs with Planning Commission approval of this application) was presented. Ordered filed by unanimous vote. 1/5/82 4 Planning Commission Resolution No. 38-81, APPLICATION for CONDITIONAL USE PERMIT to allow a CHUCK-E-CHEESEtS PIZZA TIME THEATRE on property located at 1143 Highland Ave., CUP-1981-21 (This request involves the proposed installation and operation of a "Chuck-E-Cheesets Pizza Time Theatre" and Family Entertainment Center, which includes restaurant facilities serving a variety of pizza, sandwiches, salads and ice cream, and computer -controlled, amplified, animated shows, electronic game machines and a general store; the use allocates areas for games separate from dining areas, representing approximately 25% of the total floor area; approximately 100 game machines are planned, with one quarter of these being "kiddie rides", one quarter arcade games and one half video games; all games and kiddie rides are both token and coin operated; the establishment offers free tokens for game play or kiddie rides to patrons with purchase of food products; persons 18 years of age and under are not admitted unless accompanied by a parent; proposed hours of operation will be between 11:00 a.m. and 11:00 p.m., Sunday through Thursday, and between the hours of 11:00 a.m. and 12:00 midnight Friday and Saturday; full meal facilities are available during all hours of operation; Planning Commission approved subject to 12 conditions set forth in subject Resolution; staff concurs with the Planning Commission approval of this application) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 39-81, APPLICATION for CONDITIONAL USE PERMIT to allow the operation of an AMUSEMENT ARCADE (Family Amusement Center) on property located at 3030 Plaza Bonita Rd., Suite 2233, Case File No. CUP-1981-22 (The proposed Family Amusement Center will be located within the Plaza Bonita Shopping Center; the area proposed for use contains a total floor area of approximately 3,625 sq. ft. and will provide 15 coin operated pinball machines and a variety of 110 coin operated electronic skill games and computerized video games; the use will employ 1 to 4 employees; the number of employees on the premises at any one time will depend upon the number of patrons present; proposed hours of operation are to be consistent with the hours of the shopping center; the applicant, Nickels and Dimes, Inc., presently operates 101 family amusement centers across the U. S., a large majority of which are located within shopping centers similar to the Plaza Bonita; Planning Commission approved this application subject to 9 conditions set forth in subject Resolution; staff concurs with Planning Commission approval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 40-81, APPLICATION for CONDITIONAL USE PERMIT to allow TAX PREPARATION CLASSES as an incidental and/or accessory use to H & R Block, the Income Tax People, at 3106 Plaza Blvd., CUP 1981-23 (This case involves the incidental and/or accessory use of the H & R Block Suite at Plaza Village Shopping Center for Tax Training classes available to the general public; these classes will have an average of 14 students for 13 weeks out of the year, meeting for 3-hour sessions and for which a tuition fee is required; classes will be limited to a maximum of 17 students with morning or evening classes available on either Monday and Wednesday or Tuesday and Thursday, betty cn the hours 9:00 a.m. and 12:00 noon, or 7:00 p.m. and 10:00 p.m.; the a <-,nning Commission approved, subject to four conditions set forth in subject resolution; staff concurs with Planning Commission approval) was presented. Ordered filed by unanimous vote. Planning Commissicn Resolution No. 41-81, APPLICATION for PLANNED UNIT DEVELOPMENT PERMIT on the proposed use of property at 2530 through 2803 and 515 Hill Drive as a PLANNED UNIT DEVELOPMENT, PUD-1-81 (In November, 1979, the Planning Commission approved Planned Unit Development Permit for an existing residential housing development on this property; the permit was not exercised nor extended within one year of its effective date and therefore, became null and void on December 5, 1980; this application is to reactivate the PUD permit on this property; this 1/5/82 5 application involves the proposed establishment of Planned Unit Development for existing residential housing; all property involved is owned by Paradise Valley Hospital; the primary purpose is to allow for deviations in the processing of a Subdivision Map to create legal leaseholds for the existing dwellings which are currently being used to provide housing for hospital employees; the applicant has advised that no public sale of homes is being proposed in conjunction with this project; the site consists of 15 dwelling units, 13 detached single family dwellings and 1 duplex; Hill Dr. is a private street and provides access to these dwellings from the intersection of Arcadia Avenue and Sixth St.; the project area is bounded by property owned by Paradise Valley Hospital; land use within the immediate vicinity consists of Paradise Valley Hospital to the west, San Diego Union Academy to the north, a rest home, church, apartments, mobile home park and single family dwellings to the east; the Planning Commission approved, subject to 7 conditions set forth in subject Resolution; staff concurs with Planning Commission approval) was presented. Ordered filed by unanimous vote. Planning Commission Resolution No. 42-81, Resolution adopting an amendment to Use Group 17 of Appendix D of the National City Land Use Code (Case File No. A-8-81) (See Page 2, Para. 4). The Planning Commissions DENIAL of ZONE CHANGE from Commercial -Limited (CL) to Commercial -Central Business District (CBD) on property located at 2928-2940 East 8th St. - Applicant, Kenneth McBride, Case File No. ZC-6-81 (This is a companion case to the Resolution adding to the list of permitted uses in the CL Zone, considered by the Planning Commission on December 28, 1981; application was denied since the added uses in the CL Zone accomplish what the applicant was seeking through the zone change; staff concurs with Planning Commission recommendation) was presented. Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF The City Clerk reported on opening of SEALED BIDS for Assessment District No. 208, Alleys No. 31, 50 and 105, three bids were received: T. B. Penick & Sons, Inc. - $43,390.75, Southwest Equipment Rental - $31,604.35, Griffith Company - $43,934,75; and Assessment District No. 209, Alleys No. 75, 79 and 90, three bids were received: T. B. Penick & Sons, Inc. - $87,617.10, Southwest Equipment Rental - $59,087.80, Griffith Company - $90,797.00. MAYOR Mayor Morgan spoke of a church (located at 2519 Prospect) recently purchased; the new people are meeting in rented quarters pending filing tJ" required Use Permit. Discussion, Moved by Morgan, seconded by Waters, with '=the City Attorney's approval, the City Attorney be authorized to ..Drary use permit to allow them to use their church while the •` ' _ _'. ease permit is in process. Carried, by the following vote, to wit: Ayes; Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. CITY COUNCIL No report. The request of the SOUTH BAY HISTORICAL SOCIETY for WAIVER OF FEES for the waterfall being constructed at Granger Music Hall was presented. Moved by Van Deventer, seconded by Dalla, in favor of this request. Carried by unanimous vote. 1/5/82 6 ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:00 p.m., January 12, 1982. Carried by unanimous vote. The meeting closed at 4:43 p.m. CITY CL'RK The foregoing minutes were approved by the City Council at their regular meeting of January 12, 1982. Corrections No Corrections MAY CITY OF NATIONAL CITY, CALIFORNIA 1/5/82