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HomeMy WebLinkAbout1982 10-26 CC MIN188 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA October 26, 1982 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, Della, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschier, Grahl, McCabe, McLean. 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. Richard Plache. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meetings of October14, 1982 and October 19, 1982 be unmoved. Carried by unanimous vote. PRESENTATION - Mayor Morgan presented a 25-year service pin to Engineering Staff Assistant Robert Onley and thanked him for his years of outstanding service to the City. MAYOR'S APPOINTMENT The Mayor's recommended appointment of Chuck Howery to the Traffic Safety Committee was presented. Moved by Waters, seconded by Camacho, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS ED MORRISON, 2315 East 32 St., JOE SUBSIC, 228 East First St., and RAYMOND PROCTOR, 2204 East 11 St., were present and complained of an incident at the recent Sweetwater High School Homecoming Game; they alleged a police officer grabbed Joe Subsic's arm, escorted him through the- gates.._and threw him against a car; they have lived in National City all their limes and have been taught to respect police officers, but cannot respect such an officer; this incident was embarrassing and degrading to Mr. Sutsic. Moved by Morgan, seconded by Camacho, this co plaint be referred to the City Manager. Carried by unanimous vote. PUBLIC HEARINGS The continued Public Hearing on APPEAL of Planning Commission DEN14L of ZONE VARIANCE Z-6-82 at 105 East 8 St. (Applicant is requesting Zone Variance to allow the sale of alcoholic beverages after 12:00 midnight as an in- cidental use ct McDini's restaurant located at the NE corner of 8th and "Ai°; applicant has referenced a number of existing businesses in the vicinity that sell alcoholic beverages after midnight and which are classified by the City as lawful non -conforming use; the Planning Commission denied this applica- tion without prejudice for the reason that evidence and testimony presented to the Planning Commission failed to support a finding that special circum- stances exist that justify the granting of Zone Variance in accordance with the provisions of Sec. 65906, Gov. Code; Planning Commission denial without prejudice will allow the applicant to refile the application without waiting the one-year period as otherwise required by Sec. 18.116.150 NCMC; staff concurs with the Planning Commission denial of the application) 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 denied this and Council has their report. BOB KOLODNY, 247n Union St. (attorney representing McDini's) was present and said McDini's has been at its present location 20-25 years; they just spent $100,000 re- furbishing the restaurant which could be a real asset to the City; he has letters in support of McDini's request from the Chamber of Commerce, the Police Department, and other people in the City including the Lamb Players; he feels special circumstances exist here; there has never been a police problem with McDini's; there has never been a problem with ABC; McDini's is a respectable family restaurant. Discussion. MICHAEL DINI, l05 East 8 St., wan present and said McDini's serves a low priced meal that most people can afford; when you serve low priced meals, you need to be able to sell liquor 10/26/82 189 with it to maintain profits; it is not feasible to stay open between 12:00 and 2:00 a.m. without being able to sell liquor. Further discussion. Moved by Waters, McDinits be allowed to sell liquor until 1:00 a.m. Motion died for lack of second. Further discussion. Councilman Van Deventer inquired if a condition could be imposed in the event excess noise or rowdiness occurred after midnight. City Attorney McLean advised the purpose of a variance is to confer on a piece of property attributes other properties have in the same circumstances; the variance would be granted to the property not to the Dini family andcannot be "conditioned"; there are other mechan- isms that could be suggested, such as a "special use permit"; he would like to look over the zoning ordinance with the Planning Director; he would like the City to help the Dinis protect their substantial investment but prevent some future owner from allowing it to become what the City is trying to clean up at 8th and National City Blvd, Discussion. Moved by Van Deventer, seconded by Camacho, this hearing be continued for 30 days. Carried by unanimous vote. The Public Hearing on Planning Commission APPROVAL of TENTATIVE SUBDIVISION MAP - "MORNING BREEZE", 16th St., south side, west of Lanoitan, Case File No. S-2-82, Alfredo and Julieta Gregorio (...resubmittal of a previously approved subdivision S-35, which expired on May 11, 1982; the current Tenta- tive Map is substantially the same single family lot design approved on May 15, 1979, except that an adjacent parcel with two existing single family homes was included within the Subdivision; this was done in order to allow "Morning Breeze Circle" to gain access to Lanoitan Ave. through the parcel; the total number of lots is sixteen; project density is 6.2 units per acre; extensive grading will be required to complete this subdivision; proponent has supplied staff with grading plans, a soils report and a con- cept landscaping plan; project will meet all development requirements of the N.C. Subdivision and Land Use ordinances and the State Subdivision Map Act; staff concurs with the Planning Commission Approval) was held at this time. The City Clerk reported the Certi.ficatof,Publicaton and Affidavit of Mailing were on file. Planning Director Gerschler said the Planning ,.Com- mission and staff recommend approval subject to the conditions set forth in the staff report. No one was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be' ibsed, the Tentative Sut division Map be approved, and all stipulations of staff be adhered to. Carried by unanimous vote. ORDINANCE FCR INTRcDtETION (Item 12) - First Reading ,Moved by Camacho, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 10/26/82-1, "Ordinance of the City of National City, Californ' amending the 1979 edition of the Uniform Building Code and Sec. 15.08.060 of the N.C. Municipal Code relating to fire -retardant roof materials." WRITTEN COMMUNICATION (Item 22) The request of CITIZENS ACTION LEAGUE for additional street lighting (reque: a field study for additional lighting of the following locations: "G" and 19th St.; 1900 "C" Ave; 1900 "B" Ave.; 30th and "C" Ave.; 27th and "D" Ave. 1900 "D" Ave.; 30th and "F" Ave.; 28th and "C" Ave.; and 27th and "B" Ave; City Engr. Grahl reported to the CAL that under "current policy" four of the nine requested street lights will be recommended: 27th and "Bit, 27th and "D", 30th and "F", and cul de sac at end of "C" off 27th) was presented. PAUL GREEN, 1923 "D" Ave, and MAGGIE PEREZ, 2741 "A" Ave. were both present and reiterated the request for nine additional street lights. Mayor Morgan advised them of the costs of street lights from 1976 to the present, adding there is a request before PUC now for increased rates and the costs will be even higher. Discussion. MATTIE MC CORMACK, 1703 "C" Ave., was present and asked that their request be granted and read a letter from Mrs. Meech o 1721 "C" Ave. requesting a street light and tree removal. Moved by Morgan, seconded by Van Deventer, we authorize five additional streetlights, four as recommended by the City Engr. plus one in the cul de sac at 29th St. Discussion. MARY GREEN, 1923 "D" Ave., was present and said the area is "rough" and the traffic heavy, lights are needed. Discussion re the need for additional lights throughout the City and the fact that some areas appear to have more lights than others. PHILIP ZANASKI (sp), 617 "o*" a^^ 10/26/82 190 was present and spoke of the number of lights in "auto row". Consensus that City Manager and staff should look over the whole City in regard to street lighting and bring back recommendations. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,911, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT FOR RED BRICK INSTALLATION IN PUBLIC RIC T OF WAY (MICHAELS)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,911 be adopted. Carried by unanimous vote. Resolution No. 13,912, "RESOLUTION APPROVING ISSUANCE OF A SPECIAL DRIVEWAY PUBLIC IMPROVEMENT PERMIT, 903 HIGHLAND AVENUS (ACQUARO)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,912 be adopted. Carried by unanimous vote. Resolution No. 13,913, "RESOLUTION APPROVING CONDITIONAL USE PERMIT 1982 -14 TO ALLOW A FEDERALLY FUNDED HEAD START PROGRAM (EDUCATIONAL INSTITUTION) FOR THIRTY (30) CHILDREN ON PROPERTY LOCATED AT 1805 EAST 17 STREET (Applicant South Bay Head Start Program of Episcopal Community Services, - Case File No. CUP-1982-14)." Moved by Van Deventer, seconded by Delia, Resolution No. 13,913 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Delia, Van Deventer, Morgan. Nays: Waters. Resolution No. 13,914, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Kimball Park Phase III -A, Specification #920, LWCF06-00822)." Moved by Waters, seconded by Dallas Resolution No, 13,914 be adopted. Carried by unanimous vote. Resolution No. 13,915, "authorizing award of contractforconstruction of Fire Station No. 3, Spec. No. 927," was on the Agenda but was not presented. Item 15, the City Engineer's Report on the PROPOSED IMPROVEMENT IN ASSESSMENT DISTRICT NO. 215, "F" AVENUE SEWER (a 1931 Act Report) was presented. Moved by Van Deventer, seconded by Camacho, the report be accepted. In answer to Council's questions, the City Engineer reported more than 25% of the owners of property within the district attended an informal meeting and signified in writing they desired the project to continue. Motion carried by unanimous vote. Resolution No. 13,916, "RESOLUTION ADAPTING PLAT briuw.Lnk. nxxhaclua OF ASSESSMENT DISTRICT (DISTRICT NO. 215 - "F" AVENUE SEWER)," Moved by Van Deventer, seconded by Camacho, Resolution No. 13,916 be adopted. Carried by unanimous vote. Resolution No. 13,917, "RESc[_UPION ADOPTING PLANS AND sPocira :KrI(X' S (ASSESS- MENT DISTRICT NO. 215 - "F" Avenue Sewer)." Moved by -Waters, seconded by Camacho, Resolution No. 13,917 be adopted. Carried by unanimous vote. Resolution No. 13,918, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER 'SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931' (DISTRICT NO. 215 - "F" AVENUE SEWER)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,918 be adopted. Carried by unanimous vote. Resolution No. 13,919, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (ASSESSMENT DISTRICT NO. 215 - "F" AVENUE SEWER)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,919 be adopted. Carried by unanimous vote. INTRODUCTION OF ORDINANCE - See paragraph 3, page 189. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 15, dated October 12, 1982, in the amount of $133,662.70 (Warrants Nos. 77691 through 77792, 77690 voided) and WARRANT REGISTER NO. 16, dated October 18, 1982, in the amount of $129,140.25 (Warrants Nos. 77794 through 77868, 77793 voided) was presented, Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried, by the fol- lowing vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Waters, Morgan. Nays: None. 10/26/82 191 The City Treasurer's CASH REPORT as of September 30, 1982, was presented. Ordered filed by unanimous vote. Item 15, City Engineer's REPORT OF PROPOSED IMPROVEMENT, ASSESSMENT DISTRICT NO, 215, IF" AVENUE SEWER. See paragraph 8, page 190. The applicationci SALIM D. GAPPY, for OFF -SALE BEER AND WINE LICENSE (Type 20), person transfer, S & G MARKET, 2540 East 18 Street, was presented. Moved by Van Deventer, seconded by Dallas it be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The application of FEDERATED DEPARTMENT STORES, INC. for OFF -SALE GENERAL BEVERAGE LICENSE (Type 21) person transfer, for 2531 PLAZA BOULEVARD, was presented. Moved by Waters, seconded by Delia, it be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Delia, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The City Clerk's REPORT ON OPENING OF SEALED BIDS for FIRE STATION NO. 3, on October 13, 1982 (Seventeen bids received: Chamac, Inc. $278,450.00; Chambers Bros., Inc. $383,552.00; Contreras Brothers $282,200.00; E. F. Couvrette Co., Inc. $304,330.00; R. D. Haas & Son, Inc. $310,122.00; R. E. Hazard, Jr., Inc. $339,400.00; Hedley Builders $300,000.00; J. H. Hedrick Co. $283,067.00; Lazos Construction $316,204.00; M & C General Contractors, Inc. $307,865.00; Meridian Construction Co., Inc. $306,000.00; Fritz Nachant General Contractors $282,694.00; O'Neill & Perry Construction Co. $335,014.00; Ramm Construction Co. $363,000.00; William Reynolds Construc- tion Co., Inc. $315,785.00; Don J. Siegert, Inc. $325,455.00; Sunset Imperial Corporation $329,750.00) was presented. Ordered filed by unanimous vote. The request of ALTRUSA CLUB for use of KIMBALL COMMUNITY BUILDING MAIN HALL and ANNEX for Senior Citizens Holiday Craft Fair, November 6, 1982, and waiver of fees (Staff recommendation that Altrusa-be required to pay the utility and custodial service charges and the rental fee only be waived - total charge $189.91) was presented. Moved by Waters, seconded by Van Deventer, in favor of gaff's recommendation, Carried by unanimous vote. The request of NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION to serve ALCOHOLIC BEVERAGES in the KIMBALL COMMUNITY BUILDING at the Christmas Dinner/Dance on December 18, 1982 (Staff recommendation is to approve subject to three requirements: 1. ABC use permit to be obtained and copy filed with Public Works Dept., 2. Certificate of Insurance naming City as co-insured be submitted, and 3. Security arrangements to be approvcd by Chief of Police) was presented. Moved by Della, seconded by Van Deventer, it be approved sub- ject to conditions of staff. Carried, by the following vote, to -wit: Ayes: Camacho, Della, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The request of SAN DIEGO BOXING CLUB for a TEMPORARY USE PERMIT to stage a BOXING EVENT in the National Guard Armory on November 3, 1982 (Request has been reviewed and approved by Building and Safety, Planning, Fire, Finance and Police Departments; staff recommends approval subject to payment of $100 Temporary Use Permit fee) was presented. Moved by Van Deventer, seconded by Dalla, in favor of Staff's recommendation, Carried by unanimous vote. WRITTEN COMMUNICATION Item 22, Citizens Action Leagie's request for additional street lights. (See paragraph 5, page 189.) OTHER BUSINESS CITY MANAGER City Manager McCabe reported Frenk Chenelle requested funds to assist in transportation of the Sweetwater High School Basketb:11 Team to Canada. Moved by Van Deventer, seconded by Camacho, they be given $250.00. Carried by unanimous vote. 10/26/82 192 CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan reported he had received a copy of a letter from the Clerk to the National City Taxpayers Action Committee and one to the District Attorney relative to the NCTAC and requested advice from the City Attorney. The City Attorney replied he had already advised the Clerk to go to the District Attorney. CITY COUNCIL Councilman Van Deventer commented that there was an abuse of yard sales in the City; he was not talking about the person who cleans out the garage and has one or two a years but the people on 16th and 18th Streets who buy merchandise to sell at their yard sales. Mr. Van Deventer said he would like the City Manager to authorize the Code Enforcement Officer or the Business License Officer to work weekends; something should be done about it. The City Manager said something will be done about it. Councilman Van Deventer said that after persistent efforts to get the curb painted red in the area of the carwash at 2nd and Highland, the curb was finally painted; but they painted the wrong spot. It was indicated staff would take remedial action. Mayor Morgan called a Conference Session of Council for 3:00 p.m., Tuesday, November 2, 1982, in the Conference Room adjoining Council Chambers. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 8:35 p.m. City Clerk The foregoing minutes were approved at the regular meeting of the City Council on November 2, 1982. Correction No Correction Mayor, City of Na j oval City, Calif. 10/26/82