HomeMy WebLinkAbout1982 09-07 CC MIN159
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
SEPTEMBER 7, 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,
Gerschler, Grahl, McLean.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by Asst. City Manager
Ballard followed with invocation by Asst. City Manager Ballard.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Van Deventer, the minutes of the regular
meeting of August 24, 1982 be approved with the following correction to
Page 154, Para. 5: change Ordinance No. 1783 to 1782; the minutes of
the special meeting of August 27, 1982 be approved, and addition to the
minutes of July 27, 1982 (approval of appointment of Ronald Detzer to
the Civil Service Commission) be approved. Carried by unanimous vote.
MAYOR'S APPOINTMENTS
The Mayor's recommended reappointment of the members of the Senior
Citizens' Advisory Committee was presented. Moved by Camacho, seconded
by Van Deventer, in favor of the Mayor's recommendation. Carried by
unanimous vote.
Mayor Morgan reported he had received a letter from a resident on Tolas
Court, requesting permission to block off the street on Saturday,
September 25, from 12:00 noon to 10:00 p.m., for a Neighborhood Watch
Program party. Moved by Camacho, seconded by Van Deventer, in favor of
this request. Discussion. Carried by unanimous vote.
PUBLIC HEARING
The Public Hearing on EXTENSION of INTERIM ORDINANCE NO. 1770 REGULATING
the use of PRIVATE VIEWING ROOMS in establishments which sell or rent
pyre -recorded video tapes, movies, transparencies, films, projectable
motion pictures or equipment used for showing any or all of these items
(Interim Ordinance No. 1770 will expire on September 8, prior to the
effective date of Ordinance No. 1781 which regulates the use of private
rooms in such establishments) was held at this time. The City Clerk
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 Camacho, seconded by Van Deventer, the Public
Hearing be closed, Ordinance No. 1770 be extended and all stipulations
of staff be adhered to. Discussion. City Attorney McLean (in answer
to the question why an adult bookstore was allowed to open near a church)
said as long as there is an apparent lucrative market for adult
entertainment materials, the profit motive involved is going to lead
certain types of people to find weaknesses in the law and exploit them;
State and Federal constitutions require a special category of protection
for what is legally called "speech" (movies, magazines, etc.); it is
unpredictable what any government agency will do, and we never know
until after the fact whether the laws we pass will be upheld by the Court
the City of National City has some of the strictest laws regulating adult
activities in the State; we saw a possible gap in one of our Ordinances
and sought to close the gap by drawing up the strictest laws we believe
the courts will uphold; if laws are passed recklessly, the City could be
subjected to "reckless financial exposure". Further discussion. Carried
by unanimous vote.
9/7/82
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Camacho, the Resolutions be resented
by title only. Carried by unanimous vote.
Resolution No. 13,885, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL,
AGREEMENT FOR EXISTING CONCRETE STAIRS IN THE PUBLIC RIGHT-OF_WAY AT
422 'M' Avenue, Cerda." Moved by Van Deventer, seconded by Caracho,
Resolution No. 13 885 be ado ted. Carried by unanimous vote.
Resolution No. 13,886, "Resolution accepting a request for deferral of
street improvements and a Covenant Running With the Land (1014 Coolidge
Beauchamp)." Moved by Waters, Resolution No.
13,886 died for lack of second. Discussion. by Dallas
be econded. Motion
onedM
Van Deventer, this be laid over for one week. Discussion. Carriey
d by
unanimous vote.
Resolution No. 13,887, "RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR
AUDITING SERVICES - REVENUE SHARING." Moved by Van Deventer, seconded
by Dallas Resolution No. 13 887 be ado ted. Discussion. Carried by
unanimous vote.
Resolution No. 13,888, "RESOLUTION OF AWARD OF CONTRACT (Resurfacing
and reconstruction of various streets, Spec. 926)."
Van Deventer, seconded by Camacho, Resolution No. 13,888ed beby adopted.
Carried by unanimous vote. CURTIS WILLIAMS, Director Public Works, was
present and displayed maps indicating areas covered under this contract
and areas that he proposes to re -surface. Mr. Williams said the
contract price is lower than the estimate, and recommended the extra
funds be used for three specific resurfacing
of Division St. between I-5 and Highland Ave.; 24thtSt. betweenthey'L'half Ave.
and Las Palmas Park; continue repairs on National City Blvd. between
24th and 30th Streets; with any remaining money, he would like to do the
following: Cleveland, from Civic Center Dr.
from 8th St. to Civic Center Dr.• to 22nd St.; Harbor Dr.
es of
money, one for contract street maintenance, and aut he1other forzes twoyin-house
street maintenance; should funds become available from another source,
he would like to do (by contract) 24th St. between Tidelands Ave. and
I-5, and 8th St. between Euclid and 'Kt Avenues; the best way would be
to do the residential areas with City crews and the major streets
through contracts; with funds already granted in the budget, he would
like to resurface (in-house) Norfolk, from Euclid to Claremont;
Claremont, Drexel, Belmont and Kenton, from Division to Cervantes;
'At Ave., from 8th to 9th Streets; 'C' Ave.
the
alley adjacent to the main fire station; 'J' Ave.1,8th betweento1aza; 18th and
20th Streets, and the entryway to Las Palmas Park.
an,
seconded by Camacho, staff be authorized to roceed with dthisMorwork, both
b contract and in-house. Discussion. Carried by unanimous vote.
Resolution No. 13,889, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
(Quitclaim Deed for street purposes from David J. Moved by Van Deventer, seconded by Camacho, Resolution No. 13,889Pinbe."
adopted. Carried by unanimous vote.
Resolution No. 13,890, "RESOLUTION ACCEPTING A
REQUEST
STREET IMPROVEMENTS AND A COVENANT RUNNING WITH TH LAND (2005ERRAL ''E' ve.
Keen)." Moved by Waters, seconded by Dallas Resolution No. 13 890 be
ado, Carried by unanimous vote.
Resolution No. 13,891, "RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT ON PLAZA BOULEVARD FROM HIGHLAND AVENUE TO
JUST WESTERLY OF PALM AVENUE, DISTRICT 15.rr
Deventer,
seconded by Camacho, Resolution No. 13 891 beMado dted,Van Discussion.
Carried by unanimous vote.
160
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161
Resolution No. 13,892, "RESOLUTION AUTHORIZING THE CITY TREASURER/
FINANCE DIRECTOR TO EXECUTE AN AGREEMENT FOR AUDITING SERVICES - GENERAL
FOR FY ENDED JUNE 30, 1982." Moved by Camacho, seconded by Dalla,
Resolution No. 13,892 be adopted. Discussion. Carried by unanimous vote.
Resolution No. 13,893, "RESOLUTION APPROPRIATING FUNDS FOR INST?"LLATION
OF VAPOR RECOVERY SYSTEM AND AUTHORIZING CITY ENGINEER TO ENT:'? a
INSTALLATION CONTRACT." Moved by Waters, seconded by Camacho,
Resolution No. 13,893 be adopted. Discussion. Carried by unanimous
vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of WARRANT
REGISTER NO. 8, dated August 24, 1982, in the amount of $710,543.11
(Warrants Nos. 77257 through 77329), CERTIFICATION of PAYROLL for the
period ending August 15, 1982, in the amount of $246,479.17, and
RATIFICATION of WARRANT REGISTER NO. 9, dated August 31, 1982, in the
amount of $91,222,23 (Warrants Nos. 77331 through 77368) was presented.
Moved by Camacho, seconded by Waters, the bills be paid. Carried, by
the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters,
Morgan. Nays: None.
The City Engineer's request for APPROVAL of construction contract
CHANGE ORDER No. 4 to KIMBALL PARK PHASE III -A, Spec. 920, LWCF 06-00822
(... covers modification of existing electrical panel to accomodate
electrical service for security lighting installed under this contract;
cost of this Change Order is $804.27, representing an increase in the
contract cost of 0.12%; project funds are available to cover this
cost;
staff recommends this Change Order be approved and the City Engineerbe
directed to sign and process same) was presented. Moved by Van Deventer,
seconded by Camacho, in favor of this request. Carried by unanimous
vote.
The request of the UNITED WAY of SOUTH COUNTY for WAIVER OF FEES (The
United Way has requested use of the Kimball Community Annex and kitchen
to hold a Kickoff luncheon from 11:30 a.m. to 1:30 p.m.,
September 16, 1982; applicable fees for this event consist of Annex and
kitchen rental fees, and a kitchen security deposit; the United Way is
requesting a waiver of the rental fees, but will pay the kitchen security
deposit; staff recommends approval of the waiver of fees with the United
Way paying the kitchen security deposit) was presented. Moved by Waters,
seconded by Van Deventer, in favor of staff's recommendation. Carried
by unanimous vote.
The City Clerk's request for DESIGNATION of voting DELEGATE for LEAGUE of
CALIFORNIA CITIES Annual Conference (The General Business Session at the
Annual League Conference is an important policy -making meeting; each City
Council should designate a voting representative and alternate who will
be present at the business session [Oct. 20, 1982]) was presented. Mayor
Morgan recommended Vice Mayor Camacho be the delegate and Councilman
Van Deventer the alternate. Moved by Waters, seconded by Dalla, in favor
of the Mayor's recommendation. Carried by unanimous vote.
Lt. Bill Nosal, NCPD, was present and gave a progress report on
Neighborhood Watch Program implementation. Lt.
Nosal rethat s
April, the City has progressed to 34 active Neighborhoodported Watch Gr ups;rLe
residential burglaries are down 20%; the Chamber of Commerce has marking
pens which they loan out to interested persons for marking their property.
Lt. Nosal continued, he would like to see the Fire Dept. participate in
this program, discussing arson, fire prevention etc. with interested
groups. Moved by Morgan, seconded by Camacho, the City Manager be
authorized to write to the Police De t. co limenting them on their
outstandin ob with the Nei boyhood Watch Pro ram. Carried by unanimous
vote.
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162
The Planning Director's recommendation of Council REVIEW of ENFORCEMENT
POLICY regarding ITINERANT PEDDLERS (Recently, there have been a number
of reports and complaints received with regard to itinerant peddlers
selling products from their automobiles at various shopping centers;
investigation shows that these activities are done without the necessary
permission of the property owners and in some cases, without business
licenses, or with inappropriate business licenses; staff has observed
some of these situations wherein the salesmen were aggressive to the
point of apparently intimidating passin
Niolate the Land Use Code; however,g pedestrians; such activities
because
of the lengthy procedures involved inrzoningseclon enforcement;istical the Municipal
Code provides that Council may designate classes of zoning violations
for which citations may be issued without following those lengthy
procedures; staff recommends Council consideration of this situation)
was presented. Moved by Van Deventer, seconded by Waters, in favor of
staff's recommendation. Carried by unanimous vote.
OTHER BUSINESS
PLANNING
The TENTATIVE SUBDIVISION MAP - PLAZA PARK CENTER, 2700 block of Plaza
Blvd., East of Euclid, Case File No. -
Plaza P
Associates (On August 23, 1982, the Planning Commission approvedark
application for a one -lot subdivision to allow construction of an office
condominium project at the 2700 block of Plaza Blvd.;
51,684 sq. ft., four story building with a 55- proposal isg fore
on a
the ground level; subdivision was approved subject to parking
to 15conditions; a
companion case, Planned Development Permit 4-82, was approved b
Planning Commission on August 9, 1982 [Resolution 27-82]Y the
Council on August 17, 1982; this subdivision and the Planned Development
Permit are resubmittals of previously
expired in December, 1981; the current approved
projectpis identical which
original; staff concurs with the Planning identical to the
presented. Moved by Van Deventer, seconded byComm1Cam cho,ssion'sainroval) favor of
staff's recommendation. Carried by unanimous vote.
Planning Commission Resolution No. 28-82 (DENYING) APPLICATION for
CONDITIONAL USE PERMIT to ALLOW LIVE ENTERTAINMENT andin
conjunction with a bona fide PUBLIC EATING PLACE at 15DE.C8th St.,
Applicant - Michael Dini, Case File No.
Conditional Use Permit to allow live entertainm ntl[live music performed
by more than a single entertainer] and dancing at McDini's Restaurant,
NE corner of 8th and 'Al; the owners of this business recently completed
remodeling the interior of the restaurant and a refinishing of the
exterior that presents a pleasant atmosphere both inside and out; this
application is being processed in conjunction with an application for
Zone Variance [separate agenda item to
allow tcoholi
beverages after 12:00 midnight as j incidentalhe useale to theofarestaur_c
operation; staff concurs with the Planning Commission denial, of this'
application.) was presented. Ordered filed by unanimous vote.
Planning Commission Resolution No. 29-82 (DENYING) APPLICATION for ZONE
VARIANCE to ALLOW the SALE of ALCOHOLIC BEVERAGES after 12:00 midnig N
in conjunction with a bona fide PUBLIC EATING PLACE at 105 E. 8th St,,
Applicant - Michael Dini, Case File No. Z 6-82 allow the sale of alcoholic beverages after 12:00•midnight aasaaan to
incidental use at McDini's Restaurant, NE corner of 8th and
'
application is being processed in conjunction with an ti is
alifor
Conditional Use Permit [separate agenda item] to allow
live centertanment
and dancing as an incidental use to the restaurant operation; the
applicant has referenced a number of existing businesses in the vicinity
that sell alcoholic beverages after 12:00 midni
classified by the City as non-conforming;�t and which are
ission
this application, without prejudice, fortheerea on1ng thatotestimonydanded
evidence presented to the Commission failed to support a finding that
special circumstances exist that justify the grant of Zone Variance in
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163
accordance with the provisions of Sec.
65906, Planning Commission's denial, without prejudice,�vwillent allowdthethe
applicants to refile their application without waiting the one-year
period as otherwise required by Sec. 18.116.150 N.C.M.C.;
with the Planning Commission's denial)was' City concurs k
presented.
reported an appeal was received and aPublicHearingThe i
will bescheduled
for September 28, 1982.
Planning Commission Resolution No. 30-82 (APPROVING) CONDITIONAL USE
PERMIT to ALLOW ALTERATION of an existing WATERCOURSE and DEVELGPJ,,:- TT of
PROPERTY located on the South side of Plaza Blvd. between I-805 and
Grove St., South of Plaza Blvd. „
. proposed exi
open, concrete lined, Paradise Creek Drainage Channel roneo f hehe Southsside
of Plaza Blvd. between 1-805 and Grove St., and development of adjacent
property; applicant proposes to enclose the existing open channel with
either a box culvert or pipe culverts [design approval by the
Engineer required] and utilize the area for off-street parkingCity and
landscape in conjunction with development of a McDonald's Restaurant
approved by Council on July 27, 1982, after Public Hearing on appeal;
staff concurs with the Planning Commission's approval of this application)
was presented. Ordered filed by unanimous vote.
Planning Commission Resolution No. 31-82 WERSING-
PLICATION
PLANNED DEVELOPMENT PERMIT to ALLOW DEVELOPMENTaPSINGLE-STORYr
DUPLEX at 2921 E. 18th St., Applicant - Miguel Ramirez, Case File No.
PD-3-82 (.., proposed development of a single-stor
duplex, landscape andn Y9 frame and stucco
each of the proposed unitstohave 2a abedrooms rcel of land aand atotalving lfloor0 areaq, ft
approximately 700 sq. ft.. of
mixture of single-family, ' land use within the area consists of a
is Residential, Multiple -Family plann d Developm-family and entl[RM-1y 1PDJ dwellings;
density limitation of 10 dwelling units per acre; staff concurs with the
Planning Commission's denial of this application) was presented. Ordered
filed by unanimous vote.
The recommendations of the STREET TREE AND PARKWAY COMMITTEE, from their
meeting of August 19, 1982 (... the following street tree removals:
Public Works referral, 1512 Coolidge, a street tree is breaking up the
sidewalk and is a hazard; removal recommended upon $10.00 deposit for
replacement; Annie E. Guy, 433 E. 2nd St.,
damaged by auto and two matching trees desired]; recommendeet removalsofone
existing tree and two replacements to be planted upon deposit of $20.00)
were presented. Moved by Waters, seconded by Van Deventer, in favor of
thanimous e Street voteTree and ParCommit
kwa tee's recommendations. Carry
un.
CITY MANAGER - No report.
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR
Mayor Morgan spoke of SB999 which gives the State control over fireworks,
rather than the Cities, which was passed by both houses and is on the
Governor's desk for signature, and recommended the City Manager be
authorized to write to the Governor urging him to veto this bill. Moved
by Morgan, seconded by Dalla, in favor of this recommendation. Carried
by unanimous vote.
Mayor Morgan spoke of extending Civic Center Drive to 'D' Ave., using
12th St. from National City Blvd. to 'D' Ave. and having the General
Plan contain regulations that would permit only very high quality
buildings on the new area, and trees planted etc.
of /.. 1 /8- 2...,
9/7/82
CITY COUNCIL
Councilman Waters reported the Community Youth Athletic Assoc. has
requested a donation of $250. Moved by Van Deventer, seconded by Dalla,
in favor of this re uest. Discussion. Carried by unanimous vote.
Councilman Waters requested the City Manager have Port Commissioner
James report to Council re the drydock for ship repair.
Councilman Waters spoke of the large number of unemployed youths in the
City and the need for clean-up work in the City's parkways, and ;..-;,,aired
if funds are available to hire some of the youths for this pure,;;- ,
Councilman Waters requested the City Manager contact CalTrans and
inquire when they plan to begin landscaping along I-805; they were
supposed to begin July 1, 1982.
Councilman Van Deventer spoke of Oceanside Resolution re SB90 and said
he would like to support this Resolution and write to the League of
California Cities. Moved by Van Deventer, seconded by Waters, in favor
of this request. Carried by unanimous vote.
Councilman Dalla said on July 6, Council considered the recommendation
of the Traffic Safety Committee re the Stop sign at El Toyon Park and
voted unanimously in favor of removing it; he received a letter from the
Mayor saying he ordered the Stop put back up; the matter is not on the
Agenda. Mayor Morgan explained he was aware a petition was being
circulated to have the sign replaced because small children walk into
the road from between parked cars and it is dangerous. Moved by Morgan,
seconded by Van Deventer, in favor of the Ma or's action. Carried by
unanimous vote.
ADJOURNMENT
Moved by Camacho, seconded by Van Deventer, the meetin be adjourned to
7:00 p.m.9 September 14, 1982. Carried by unanimous vote.
closed at 5:05 p.m. The meeting
(T7
CITY RK
The foregoing minutes were approved by the City Council at their
regular meeting of September 144282.
Corrections
3, T. /6 3 -
C~
CITY CITY, NATION CITY, CALIFORNIA
No Corrections
164
9/7/82