HomeMy WebLinkAbout1982 11-16 CC MIN202
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
NOVEMBER 16, 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.
Ab ent: None. Administrative officials present: Ballard, Gerschler,
M .abe, Secretary to the City Clerk McGonigle, Asst, City Attorney
r McLean, Sr. Civil Engineer Pachon.
SAL 5 TO THE FLAG AND INVOCATION
T. meeting was opened with salute to the flag led by City Manager
McCabe followed with invocation by Chaplain Wilfred Reyna, Paradise
Valley Hospital.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Dalla, the minutes of the regular
meeting of November 9, 1982 be approved. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
GEORGE WEBSTER, National City Chamber of Commerce, was present and
announced that Saturday is the semi-annual clean-up day in National
City; National City Rubbish will assist and Carl's Jr. will give
certificates to the kids.
Mayor Morgan presented a T-shirt to Councilman Waters which read,
"George took a bite out of crime", and thanked him for his part in
stopping a robbery at J & J Catering on November 10.
Mayor Morgan reported that he received an invitation from the White
House to attend the Space Ship landing, but would be unable to attend.
PUBLIC HEARINGS
The Public Hearing on PROPOSED AMENDMENT to the 1979 Edition of the
UNIFORM BUILDING CODE and Section 15.08.060 of the National City
MUNICIPAL CODE relating to FIRE -RETARDANT ROOF MATERIALS (The intent is
to lessen the chances of National City experiencing a disaster resulting
from the rapid spread of roof fires such as have occurred throughout
Southern Calif. recently; research has been conducted regarding the
various fire retardant materials and systems available and input has
been sought from professionals in the roofing trades; this affords a
reasonable degree of safety to the community as a whole without
imposing undue hardship on any one sector of the community; staff
recommends adoption) was held at this time. The Secretary to the City
Clerk reported the Certificate of Publication was on file. Fire
Marshal Devendorf said he has had contact with the representative for
Red Cedar Shake and Shingle Bureau who communicated his concerns with
the Ordinance; subsequently, they agreed to modify the Ordinance by
exempting existing structures from the structural requirements of new
roofs. ROBERT MITTON, Red Cedar Shingle and Hand Split Shake Bureau,
was present and said in part, he neither objects to nor supports the
Ordinance; brush fires in Southern Calif, have focused much attention
on wood roofs; the apartments that burned in the recent Anaheim fires
could not be built today under the 1979 edition of the Uniform Building
Code using natural wood roofs; the Code now requires fire retardant
roofs on apartments with roof areas of over 3,000 sq. ft.; this should
not be made mandatory on single family homes not located in the hill/
brush areas; under extreme adverse conditions, any roofing material
will burn; all safety precautions are needed in the hill/brush areas;
however, in the urban flatland areas, citizens should have the freedom
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203
of choice as permitted in the Uniform Building Code. Discussion. Fire
Marshal Devendorf said the solid sheathing requirement for re -roofing
an existing structure has been dropped; new construction must be solid
sheathing. Further discussion. No one else was present to speak in
this regard. Moved by Van Deventer, seconded by Camacho, the Public
Hearing be closed and the conditions proposed be adopted. 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. 13,928, "RESOLUTION CHANGING THE NAMES OF CERTAIN PUBLIC
STREETS: CIVIC CENTER DRIVE AND PORTIONS OF 14TH STREET, KIMBALL WAY,
12TH STREET AND WILSON AVENUE." Moved by Van Deventer, seconded by
Camacho, Resolution No. 13,928 be adopted. Discussion. Moved by Dalla,
seconded by Van Deventer, the Resolution be amended to include, "the
present Civic Center Drive be renamed after Junior Robles, and be called
Calle Robles". Amendment carried by unanimous vote. Motion carried by
unanimous vote.
Resolution No. 13,929, "RESOLUTION CONFIRMING ASSESSMENT, DEMOLITION:
2424 EAST 18TH STREET." Moved by Camacho, seconded by Van Deventer,
Resolution No. 13,929 be adopted. Carried by unanimous vote.
ORDINANCES FOR ADOPTION
Moved by Camacho, seconded by Van Deventer, the Ordinances be presented
by title only. Csried by unanimous vote.
Ordinance No. 1787 (10/24/82-1), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA AMENDING THE 1979 EDITION OF THE UNIFORM BUILDING CODE AND
SECTION 15.08.060 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO FIRE -
RETARDANT ROOF MATERIALS." Moved by Camacho, seconded by Dalla,
Ordinance No. 1787 (IQ/26/82-1) be adopted. Carried by unanimous vote.
Ordinance No. 1788 (I1/9/82_1), "ORDINANCE OF THE CITY OF NATIONAL CITY
AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING THERETO
A NEW CHAPTER 6.73 RELATING TO VIDEO MACHINES." Moved by Van Deventer,
seconded by Camacho, Ordinance No. 1788 (11/9/82-4) be adopted.
Discussion. Moved by Van Deventer, seconded by Dalla, the Ordinance be
amended to read, the fees be lowered to $55 per year, per machine, with
a ceiling of $4,500 per year. Further discussion, Amendment carried,
by the following vote, to wit: Ayes: Camacho, Dalla, Van Deventer,
Waters. Nays: Morgan. Motion carried, by the following vote, to -wit:
Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO. 19, dated November 10, 1982, in the amount of
$78,613.71 (Warrants Nos. 78010 through 78077 [voided 77987-78009 and
78078-78081)) was presented. Moved by Waters, seconded by Van Deventer,
the bills be paid and warrants drawn. Carried, by the following vote,
to -wit: Ayes: Camacho, Della, Van Deventer, Waters, Morgan. Nays:
None.
The City Treasurer/Finance Director's CONSOLIDATED CASH REPCRT for the
period ending October 31, 1982 was presented. Moved by Waters, seconded
by Dalia, the report be accepted and filed. Carried by unanimous vote.
The application for ON -SALE BEER AND WINE LICENSE, TYPE 41, Person
Transfer of Deanna A. & Harold R. Gray, dba THE CURRY POT, 2837
Highland Avenue, (Police, Planning and Building Departments state no
objections) was presented. Moved by Waters, seconded by Dalia, this
license be approved. Carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan,:,
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204
OTHER BUSINESS
PLANNING
The 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, Case File
No. A-9-82 (On November 8, 1982, the Planning Commission voted to
recommend to the City Council that they amend the City's Adult
Entertainment regulations; Urgency Ordinance 1784 prohibits any adult
use from locating within 500 meters of any church or residential zone;
this Ordinance expires January 12, 1983; if Council acts on this code
amendment at this meeting, the Ordinance could go into effect prior to
the expiration of the Urgency Ordinance; staff concurs with the Planning
Commission's recommendation) was presented. Planning Director Gerschler
said the required notice for this case has not been given, and
recommended the City Clerk set this for hearing. Moved by Dalla,
seconded by Waters, the City Clerk set this for hearing. Carried by
unanimous vote.
PLANNING COMMISSION - NOTICES OF DECISION
Planning Commission Resolution No. 44-82 APPROVING CONDITIONAL USE
PERMIT to ALLOW DANCING AND LIVE ENTERTAINMENT in conjunction with
PRIVATE WEDDINGS and BANQUETS, and for the general public on NEW YEAR'S
EVE at 2200 Highland Ave., CUP 1982-15 (... involves dancing and live
music performed by small orchestras consisting of up to seven pieces,
in conjunction with private weddings and banquets, and for the general
public on New Year's Eve only, at the Ivy Cottage Restaurant; applicant
proposes to use a portable dance floor that measures 8 ft. x 8 ft.
within the banquet room; this banquet room contains 1,358 sq. ft.; two
of the conditions imposed by the Planning Commission in their approval
of this use requires that these premises be closed to the public when
the size of private parties or banquets exceeds 120 persons, and that
private parties and banquets be held in facilities separate from those
used for the general public; staff concurs with the Planning
Commission's approval of this application) was presented. Ordered
filed by the following vote, to -wit: Ayes: Camacho, Van Deventer,
Waters. Nays: None. Abstaining: Dalia, Morgan.
Planning Commission Resolution No. 45-82, DENYING WITHOUT PREJUDICE an
APPLICATION for ZONE VARIANCE to ALLOW the SALE of ALCOHOLIC BEVERAGES
after 12 midnight at 2200 Highland Ave., Z-8-82 (... involves the
proposed sale of alcoholic beverages between 12 midnight and 2:00 a.m.
on New Year's Eve as an incidental use in conjunction with a bona fide
public eating place [The Ivy Cottage Restaurant]; at the public hearing
before the Planning Commission, the applicant failed to show that
special circumstances exist that justify the granting of Zone Variance
in accordance with the provisions of Section 65906, Government Code,
State of Calif., and therefore withdrew his application; the Planning
Commission action was to deny the variance application without
prejudice; applicant is now pursuing a Conditional Use Permit to allow
this use; staff recommends this case be noted and filed since the
applicant withdrew the application) was presented. Discussion.
Ordered filed by unanimous vote.
Planning Commission Resolution No. 46-82 APPROVING CONDITIONAL USE
PERMIT to ALLOW a SPORTS/INDUSTRIAL PHYSICAL THERAPY FACILITY at 3403
Plaza Blvd., CUP 1982-17 (... involves the use of 1,680 sq. ft. of
floor area within the Plaza East Shopping Center [NW side of Plaza
Blvd., between Olive and Manchester Streets] for a sports/industrial
therapy facility; the use will employ one physical therapist and one
receptionist with office hours from 8:00 a.m. to 6:00 p.m., Monday
through Saturday; the applicant, Sidney H. Levine, M.D., is one of the
owners of this shopping center; this permit is for a State licensed
Physical Therapist only; "Massage Parlor" activities are forbidden;
staff concurs with the Planning Commission's approval of this
application) was presented. Ordered filed by unanimous vote.
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205
CITY MANAGER
City Manager McCabe reminded everyone that Saturday, November 20 is the
Police -sponsored, Johnny Paycheck concert in Kimball Park; the concert
will begin at 3:00 p.m. and end approximately10:00
will be there to provide security. p.m.; the Police
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR
Mayor Morgan reported that Jim Bates has requested office space in City
Hall; there is an office available that would accomodate Mr. Bates and a
secretary. Moved by Van Deventer, seconded by Camacho, the City Manager
be directed to meet with Mr. Bates and discuss terms and conditions.
Carried by unanimous vote.
Mayor Morgan reported that San Diego's sewer had been running over into
National City and the bay for several days; this occurs every so often
and perhaps the City of San Diego has sewer lines that are not big
enough. Public Works Director Williams was present and said the City
of San Diego dispatched crews to clean the lines out within seven
minutes of their being notified; the problem is not overloaded sewer
lines, but vandalism; children lift the manhole covers and fill them
with rocks. Moved by Morgan, seconded by Camacho, staff be authorized
to talk to the City of San Diego if they see fit. Carried by unanimous
vote.
The request of National City Nutrition for assistance in replacement of
refrigeration compressor serving freezer box at Morgan Towers site was
presented. Mayor Morgan said the refrigerator has been fixed, but the
Nutrition Center does not have the money to pay the bill. Discussion
re feasibility of using the two freezers at the Girls' Club, budget for
emergencies or carrying a maintenance contract. Moved by Camacho,
seconded by Van Deventer, the City pay this bill. Further discussion.
Carried by unanimous vote.
CITY COUNCIL
Councilman Waters announced that National City would be on Real People
tomorrow night at 8:00 p.m. on NBC; Captain Stickey's wedding will be
aired.
ADJOURNMENT
Moved by Dalla, seconded by Camacho, the meeting be adjourned to
7:00 p.m., November 23, 1982. Carried by unanimous vote. The meeting
closed at 4:48 p.m.
CITY CLE
The foregoing minutes were approved at the regular meeting of the City
Council on November 23, 1982.
Corrections / No Corrections
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA
11/16/82