HomeMy WebLinkAbout1982 12-07 CC MIN213
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
DECEMBER 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, 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. Hubert Campbell, First
Baptist Church.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Waters, the minutes of the regular meeting
of November 23, 1982 be approved. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
None
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Van Deventer, the Resolutions be presented
by title only. Carried by unanimous vote.
Resolution No. 13,934, "RESOLUTION AMENDING APPENDIX 'D' OF TITLE 18
(ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO ALLOW ADDITIONAL USES
IN CERTAIN USE GROUPS (A-8-82)." Moved by Waters, seconded by
Van Deventer, Resolution No. 13,934 be adopted. Carried by unanimous
vote.
Resolution No. 13,935, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD IN SAID CITY ON NOVEMBER 2, 1982, DECLARING THE RESULT
THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW (WHEREAS, a
special municipal election was held and conducted in the City of
National City, California, on November 2, 1982, as required by law; and
WHEREAS, notice of said election was duly and
regularly given in time, form and manner as provided by
law; that voting precincts were properly established; that
election officers were appointed and that in all respects
said election was held and conducted and the votes cast
thereat, received and canvassed and the returns made and
declared in time, form and manner as required by the
provisions of the Elections Code of the State of California
for the holding of elections in cities; and
WHEREAS, pursuant to Resolution No. 13,863
adopted August 3, 1982, the Registrar of Voters in and for
the County of San Diego canvassed the returns of said
election and has certified the results to this City Council,
said results are received, attached and made a part hereof
as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE,
DETERMINE, AND ORDER AS FOLLOWS:
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214
SECTION 1. That there were 20 voting precincts
established for the purpose of holding said election
consisting of consolidations of the regular election
precincts in said City as established for the holding of
state and county elections.
SECTION 2. That at said special municipal
election, the following measure was submitted to the
electors of said City, to wit:
Shall the City proceed with its
National City downtown redevelop- YES
ment project including redevelop-
ment at 8th Street and National
City Boulevard? : NO
SECTION 3. That the whole number of votes cast
in said City (except absent voter ballots) was 7,832.
That the whole number of absent voter ballots cast
in said City was 461, making a total of 8,293 votes cast in
said City.
That the number of votes given at each precinct
and the number of votes given in the City for and against
the measure were as listed in "Exhibit A" attached.
That as a result of said election, a majority of
the qualified voters voting on said measure relating to
National City's downtown redevelopment project did vote in
favor thereof, and that said proposition was carried, and
shall be deemed adopted and ratified.
SECTION 4. The City Clerk shall enter on the
records of said City a statement of the result of said
election, showing:
The whole number cC votes cast in the City;
The measure voted upon;
The number of votes given at each precinct
for and against the measure;
The number of votes given in the City for and
against the measure.
SECTION 5. That the City Clerk shall certify to
the passage and adoption of this Resolution; shall enter
the same in the book of original Resolutions of said City;
and shall make a minute of passage and adoption thereof in
the records of the proceedings of the City Council of said
City, in the minutes of the meeting at which the same is
passed and adopted.
PASSED, APPROVED AND ADOPTED this 7th day of
December, 1982.
s/Kile Morgan
MAYOR
ATTEST: s/Ione Campbell
CITY CLERK
12/7/82
:.JAIEtu: T OF VOLES CAST
GENERAL ELECTION
215
mej •
NATIONAL CITY TOTAL
VOTING FREC
NAM IN PkEC
ADEENTEE PP:FC
````INTIy F GFtj tIE[i
TOE 1'. T tU VEttiF k ', l3O2
CITY OF NATIONAL CITY
PROP t4 I'OWNIOWN REDEVELOPMENT
R \
E \
A 0 \
L \
C V \
A 8T T RS \ Y
\\ ES NO
8,293
7,832
0
461
13.965 4,248 3,314
13,965 4,000 3,125
0
EXHIBIT A •
248 189
216
Moved by Camacho, seconded by Van Deventer, Resolution No. 13,935 be
adopted. Carried by unanimous vote.
Resolution No. 13,936, "RESOLUTION DIRECTING NOTICE OF FILING OF
ASSESSMENT AND TIME OF HEARING THEREON." Moved by Camacho, seconded by
Waters, Resolution No. 13,936 be adopted. Carried, by the following
vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None.
Abstaining: Van Deventer.
Resolution No. 13,937, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR ENGINEERING SERVICES WITH NOLTE AND ASSOCIATES." Discussion. Moved
by Van Deventer, seconded by Camacho, Resolution No. 13,937 be adopted.
Further discussion. Carried by unanimous vote.
Resolution No. 13,938, "RESOLUTION APPROVING AN AGREEMENT WITH THE
DEPARTMENT OF THE NAVY FOR PIPELINE CROSSING." Moved by Van Deventer,
seconded by Camacho, Resolution No. 13,938 be adopted. Carried by
unanimous vote.
ORDINANCE FOR INTRODUCTION - FIRST READING
Moved by Van Deventer, seconded by Camacho, the Ordinance be presented
by title only. Carried by unanimous vote.
Ordinance No. 12/7/82-1, "Ordinance of the City of National City,
California, amending Section 18.130.080 of the National City Land Use
Code relating to hearing notices."
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of
WARRANT REGISTER NO. 21, dated November 23, 1982, in the amount of
$174,131.71 (Warrants Nos. 78143 through 78211 [void 78142, 78174,
78175, 78176, 78177 & 78212], CERTIFICATION of PAYROLL for the period
ending November 15, 1982, in the amount of $231,213.59, and RATIFICATION
of WARRANT REGISTER NO. 22, dated November 30, 1982, in the amount of
$266,078.96 (Warrants Nos. 78214 through 78276 [void 78213]) 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 Engineer's request for APPROVAL of Construction Contract CHANGE
ORDER NO. 1-A, E.D.A. ALLEYS 54, 57, 68 and 81 (On September 21, 1982,
Council approved Change Order No. 1 for certain work on the E.D.A.
Alleys; the final auditing of this work indicates a lesser cost of work;
an approved change order to this new cost is needed for payment purposes
and to correct Change Order No. 1; staff recommends Change Order No.
1-A be approved and the Acting City Engineer be directed to sign and
process same) was presented. Moved by Waters, seconded by Camacho, in
favor of this request. Carried, by the following vote, to -wit: Ayes:
Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining:
Van Deventer.
The City Engineer's request for APPROVAL of Construction CHANGE ORDER
NO. 2 to E.D.A. ALLEYS 54, 57, 68 and 81 (... the final clean up of the
constructicn project prior to spreading the assessment; approval of this
Change Order will allow the assessment to be spread and the Roll
presented to Council for hearing; Change Order No. 2, in the amount of
$543.14, amounts to .5 of 1% of the contract cost; funds are available;
staff recommends Change Order No. 2 be approved and the Acting City
Engineer be directed to sign and process same) was presented. Moved by
Camacho, seconded by Dalla, in favor of this request. Carried, by the
following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays:
None. Abstaining: Van Deventer.
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217
The application for ON -SALE GENERAL liquor license, TYPE 48, PERSON
TRANSFER of Fred Demeo, Inc., Robert C. Fryer, President/Treasurer and
Donna L. Fryer, Vice President/Secretary, dba TROPHY LOUNGE, 999
National City Blvd. (Building Dept. states no grounds for objection.
Police Dept. recommends this license be protested for the following
reasons: 1. There is already an over concentration of alcoholic
beverage licenses within this general area; there is a need to reduce
the number of licenses as opposed to maintaining or increasing the
number, 2. Significant policing problems already exist in this general
area and the area requires a substantial disproportionate use of police
resources, 3. The applicant failed to adequately demonstrate the
public need or convenience requirement for this license; the area
within 4 blocks of the applicant's proposed business contains over 20
businesses that sell food and/or alcoholic beverages; while recent
legal action by the Community Development Commission has the potential
of reducing the number of alcoholic beverage licenses within this
general area, that legal action is under appeal and not yet resolved.
The Planning Dept. recommends this license be protested subject to
compliance with Condition #1 of Planning Commission Resolution No. 2-81
[Staff shall conduct an annual appraisal of this property to determine
the adequacy of parking. If a problem is found to exist, this matter
shall be set for public hearing.]) was presented. Moved by Camacho,
seconded by Waters, this license be approved. Lengthy discussion.
Vice Mayor Camacho and Councilman Waters withdrew the motion and
second. Further discussion. ROBERT FRYER, 15 Blue Anchor Cay Rd.,
Coronado, was present and spoke (See Document No. 68179). Police Chief
Hart was present and said the Police Dept. recommended this license be
protested on the basis that there are already too many bars in that
mall area; there is a high crime and arrest rate in this area. Moved
by Van Deventer, seconded by Morgan, this license be protested on the
basis of Police and Planning Department recommendations. Carried by
unanimous vote.
The application for ON -SALE BEER and WINE LICENSE, TYPE 41, PERSON
TRANSFER of Luciano R. Rivera, dba ROBERTO'S MEXICAN FOOD, 2414 Hoover
Avenue, Suites D & E (Police, Planning and Building Departments state
no grounds for objection) was presented. Moved by Waters, seconded by
Van Deventer, this license be approved. Carried, by the following
vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays:
None. Abstaining: Morgan.
The request of NORM'S MOTOR CARS, LTD. for OFFICE TRAILER at 1900-A
National City Blvd. from December 8, 1982 to December 8, 1983 (Norm's
Motor Cars Ltd. is requesting the use of an office trailer at 1900-A
National City Blvd. from December 8, 1982 to December 8, 1983; a trailer
type structure will be used to house their temporary office facility
until such time that a permanent facility can be obtained; all
applicable permits shall be required prior to occupancy; use of this
temporary facility shall not exceed one year; Building, Planning,
Police, Fire and Finance Departments have reviewed and approved,
subject to the following conditions: Wheelstops shall be provided
along easterly property line; Type 2A:10BC fire extinguisher shall be
provided upon occupancy) was presented. Discussion. Moved by Waters,
seconded by Van Deventer, this be approved for one year. Carried by
unanimous vote.
The request of the SAN DIEGO BOXING CLUB for a BOXING EVENT proposed for
NATIONAL GUARD ARMORY, December 8, 1982 (Council originally approved
this event for November 3, 1982, but due to the delay in obtaining
permission from the California National Guard, the event was postponed;
the San Diego Boxing Club is now requesting a Temporary Use Permit to
stage the boxing event on December 8, 1982; they will provide all
required security personnel for the event; Building, Planning, Fire,
Finance and Police Departments have reviewed and approved this request)
was presented. Moved by Van Deventer, seconded by Waters, in favor of
this request. Carried by unanimous vote.
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218
The City Engineer's request for authorization to execute an AGREEMENT
between the U. S. Navy and the City of National City for sewer pipeline
crossing the City (See Resolution No. 13,938, Page 216, Para. 4).
The City Clerk's report on result of OPENING of SEALED BIDS, FIRE
STATION NO. 3 construction, Spec. No. 927 (Six bids were received:
Chamac, Inc. - $273,000.00, Contreras Brothers - $277,500.00,
E. F. Couvrette Co., Inc. - $268,946.00, Lazos Construction Co. -
$286,639.00, Penwell Construction Co. - $263,500.00, Ramm Contracting
Co., Inc. - $329,058.00) was presented. Ordered filed by unanimous
vote.
OTHER BUSINESS
PLANNING COMMISSION - NOTICE OF DECISION
Planning Commission Resolution No. 48-82 APPROVING application for
CONDITIONAL USE PERMIT to ALLOW the sale of ALCOHOLIC BEVERAGES after
12:00 midnight on NEW YEAR'S EVE as an incidental use to a bona fide
public eating place at 2200 Highland Avenue (The Ivy Cottage Restaurant),
Applicant - Ivy Hall, Inc., Case File No. CUP-1982-19 (... involves the
proposed sale of alcoholic beverages after 12:00 midnight on New Year's
Eve as an incidental use in conjunction with a bona fide public eating
place; this is a companion case to Conditional Use Permit No. 1982-15
to allow dancing and live entertainment in conjunction with private
weddings and banquets at this location, approved by the Planning
Commission on October 25, 1982 and filed by the City Council on
November 16, 1982; this CUP is for one occasion only; staff concurs with
the Planning Commission's approval) was presented. Ordered filed, by
the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters.
Nays: None. Abstaining: Morgan.
STREET TREE AND PARKWAY COMMITTEE
The recommendations of the STREET TREE AND PARKWAY COMMITTEE from their
meeting of November 18, 1982 (the following street tree removals:
Mrs. Theo Meech, 1721 'C' Ave., two elm trees are breaking the sidewalk,
removals recommended upon payment of $10.00 each for replacement;
Manuel Carbajal, 2636 Division St., a street tree is overgrown with
exposed roots in the parkway, recommended approval upon payment of
$10.00, tree to be transplanted into the park; Ruben Munoz, 1105 E. 7th
St., two street trees are breaking the sidewalk, removal recommended
with replacement upon payment of $20.00, Public Works to be notified
for curbing and sidewalk replacement; Mrs. Jennie Esquivel, 1940 Wilson
Ave., two trees are raising the sidewalk, removal recommended with
payment of $10.00 for replacement of front tree only) were presented.
Moved by Van Deventer, seconded by Camacho, in favor of the Street Tree
and Parkway Committee's recommendations. Carried by unanimous vote.
CITY MANAGER
City Manager McCabe announced that Asst. City Manager Ballard has
resigned his position and accepted the position of City Manager for the
City of Santee.
CITY ATTORNEY - No report.
OTHER STAFF
Acting City Engineer Pachon reported that MTDB would be closing Civic
Center Drive December 13-19 for construction.
MAYOR
Mayor Morgan said Asst. City Manager Ballard has done an excellent job
for the City and will be missed.
Mayor Morgan said Mr. Oliver is now willing to sell his property on
Sweetwater Rd. adjacent to the golf course and recommended the $50,000
set aside for this in the current budget be placed in escrow, and in
early June, the $70,000 that was deferred be used to complete the sale
12/7/82
219
and close escrow. Discussion. Moved by Morgan, seconded by Camacho,
the City Manager be authorized to work out the terms. Further
discussion. Carried, by the following vote, to -wit: Ayes: Camacho,
Waters, Morgan. Nays: Dalla, Van Deventer.
A letter from Central School requesting a donation to their School Camp
Program was presented. Discussion. Moved by Van Deventer, seconded by
Camacho, $1,000 be set aside for this purpose, $100 to be paid to each
elementary school upon request. Further discussion. Carried by
unanimous vote.
A letter to Councilman Van Deventer from Southwestern College requesting
funds for the first annual San Diego -South Bay Bowl was presented.
Discussion. Moved by Van Deventer, seconded by Camacho, this be
approved on a one-time only basis. Carried by unanimous vote.
CITY COUNCIL
Vice Mayor Camacho inquired if Council wished to meet the last two
Tuesdays in December. Consensus there would be no meetings on Tuesday,
December 21 and 28.
Councilman Van Deventer reported the businesses across the street from
San Diego Federal would like a crosswalk at 24th and Wilson. City
Manager McCabe said this would be referred to the Traffic Safety
Committee.
Mayor Morgan reported the Mile of Cars would like a crosswalk at 25th
and National City Blvd. City Manager McCabe said this would be referred
to the Traffic Safety Committee.
Councilman Waters reported the traffic signal at 16th and 'D', near the
fire station, goes on blinker at 8:00 p.m.; since there is so much
activity at the Boys and Girls Clubs, as well as Morgan Towers, he
recommended the light remain in operation until 11:00 p.m. City Manager
McCabe will take care of this.
Councilman Waters presented a check in the amount of $100 from Knights
of Pythias to Police Chief Hart for the Police Dept., to be
administered by Chief Hart.
ADJOURNMENT
Moved by Camacho, seconded by Waters, the meeting be adjourned to
7:00 p.m., December 14, 1982. Carried by unanimous vote. The meeting
closed at 5:10 p.m.
CITY LE1CK
The foregoing minutes were approved at the regular meeting of the City
Council on December 14, 1982.
Corrections
/No Corrections
CITY OF NATIONAL CITY, CALIFORNIA
12/7/82