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HomeMy WebLinkAbout1981 07-14 CC MIN142 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 14, 1981 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, Dallas, -Van Deventer, Waters, Morgan. Absent: None, Administrative officials. presents Campbell, Gerschler, Grahl, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting opened with salute to the flag led by City Manager McCabe followed with invocation by Chaplain Von Zell Graham, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Waters, the minutes of the adjourned meeti g of June 23, 1981 and the regular meeting of July 7, 1981 be approved. Carried by unanimous vote, PRESENTATION Mayor Morgan presented City Attorney Don McLean with a 15-year service pin and commended him on his service to the City. PUBLIC ORAL COMMUNICATIONS CLIFFORD REED, President,. National City Lions Club was present and thanked the City Council, City Manager and Park Department for their cooperation during the 4th of July celebration in Kimball Park, and said it was a great success.- Mayor Morgan said the money raised by the Lions is given to the Youth Groups in the City and thanked them for an excellent job. ROBERT FRYER, 15 Blue Anchor Cay Rd., Coronado, was present and said he didn't receive.a notice of Public Hearing before the Planning Commission on July 13th until July llth, and said it would be helpful if Council and Planning Commission would see to it that these notices were mailed earlierin the future. EDWIN BULLOCK, 1420 McKinley, was present and said Councilman Camacho should be in charge of the Lions 4th of July celebration next year. PUBLIC HEARINGS The CONTINUED PUBLIC HEARING. on APPEAL of Planning Commission Notice of Decision, Resolution No. 9-81, denying application for Conditional Use Permit to allow an amusement arcade and deli -bar at 29 W, 8th St. (appealing party,. Alfred Hojnacki), Case File No. CUP-1980-10 (application denied for the reason that evidence presented to Planning Commission failed to support a''finding that the proposed use will not have an adverse effect upon adjacent or abutting properties and the proposed use is deemed essential and desirable to public convenience and welfare; Police Dept, believes this project will add to public safety and crime problems in the immediate area; staff concurs with Planning Commission denial) was held at this time. ALFRED HOJNACKI, 532 Broadway, El Cajon, was present and said his intention is to put in a recreational facility with good food at reasonable prices to persons in the 17-21 agegroup; this will keep them off the streets. Mr. Hojnacki said he had petitions signed by surrounding businessmen and patrons protesting this denial; he believes the reason for denial is the desirability of the property for Redevelopment. City Attorney McLean advised the decision of the Planning Commission and Council concerning this application should be. made solely on the merits of the 7/14/81 143 business proposed and existing land use laws of the City; there is no Redevelopment project at this time, and the contemplation of a Redevelopment project has no influence on the decision. Mayor Morgan stated he had, in no way, tried to influence the Planning Commission's decision, MORRIS SANKARY, Attorney representing Mr. Hojnacki, 110 W. C St., San Diego, was present and said the primary intention for this property is a deli; the arcade is secondary; most of the businesses in that area are bars and the deli would improve the area and give individuals under 21 a place to go and enjoy themselves. ROBERT FRYER, temporary spokesman for the National City Businessmen's Association, 15 Blue Anchor Cay Rd., Coronado, was present and said the Businessmen's Association is concerned about the declining property values in this area; they would like to see the vacant buildings occupied. POLICE CHIEF HART was present and said the Police Dept. is protesting this application because it will add to crime problems in this area; the businesses in this area are predominantly adult -oriented; an arcade would attract younger people, and this combination would create problems; there are already several food establishments in this area and public demand does not necessitate another one. Discussion. DICK HYLAND, P & L Bar, 702 National City Blvd. (residence: 4601 Avocado Blvd., La Mesa) was present and spoke in favor of the CUP, saying we have a duty to the kids and Navy personnel who come into the area. MORRIS SANKARY said another new business would attract more people, but not necessarily create more police problems; a deli would improve the appearance of this area and make it a nicer place. DALE FOSTER, 1101 E. 3rd St. was present and said he had been a bartender in the area for years; approval of this application would increase the crime problem in this area. The City Attorney cautioned Council to disassociate this case from the Redevelopment issue. Planning Director Gerschler stated he wished to assure Council that during the long months of negotiations and the Planning Commission's denial, at no time was Redevelopment an issue. Further discussion. City Attorney McLean said the application calls for 26 pool tables and 31 video game machines; the second item on tonight's agenda would provide a maximum of two games as an incidental or accessory use to a primary use; assuming the principal business they intend to conduct is a deli, the second amendment to the Zoning Ordinance is inconsistent to the application; the two won't relate. Moved by Van Deventer, seconded by Camacho, the Public Hearing be closed. Carried by unanimous vote. Moved by Van Deventer, seconded by Camacho, this request be denied. Further discussion. Carried by unanimous vote. The PUBLIC HEARING on proposed AMENDMENT of TITLE 18 (Zoning) of the National City Municipal Code to specify the number of GAMES OF SKILLS or Amusement allowed as an incidental and/or accessory to a principal use (the effect of this amendment will be to allow a maximum of two games of skill as an incidental and/or accessory use to a principal use and classify as legal non -conforming any existing business having more than two such machines as an incidental and/or accessory use; this Ordinance will add to Section 18,04.267 of the Municipal Code; Planning Commission and staff recommend adoption of an Ordinance) was called at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler recommended a continuance of two weeks. Moved by Van Deventer, seconded by Waters, in favor of the Planning Director's recommendation, Carried by unanimous vote. The PUBLIC HEARING on Report of Proceedings and account of cost of the 1981 WEED ABATEMENT PROGRAM (Each year the Fire Dept. contracts with a private contractor for abatement of weeds and waste material deemed to be a fire hazard and/or nuisance; owners are notified by mail or posting of property of violations and given a chance to abate said hazard or nuisance; twenty parcels were abated in accordance with City Ordinance 1155, for a total cost of $7,660.17; staff recommends property owners be assessed the cost pursuant to each billing) was held at this time. 7/14/81 144 The City Clerk reported no written protests were received. JEFF ALBRIGHT, Fire Marshall, was present and said if these assessments are not paid by the property owners, they will be put on the tax role; he recommended the Weed Abatement Program be accepted as presented. He has inspected each lot to make sure the work was done by the contractor; the work was set up by the Purchasing Dept. WILLIAM BARTON, 2917 "N" Ave., was present and said the City needs to abate the weeds around the golf course; this has been a problem for the past few years. WALTER JELLIG, 1404 Lombard, Vista, was present and said he is the owner of parcel number 563-010-37; he was not aware that he should have submitted his protest to the assessment in writing; he is not protesting the weed abatement; however, he did not receive any notice and he feels his assessment ($844.92) is extremely high; he requested the Council reject the assessment and review it. HERMAN SMART, 1695 Monument Rd., San Diego, was present and spoke regarding his property at 1907 E. 16th St.; he also feels his assessment ($135.00) is excessive. Discussion. Moved by Dallas seconded by Camacho, the hearing be continued for one week and get a report back on these protests. 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, Resolution No. 13,590, "RESOLUTION APPOINTING THE REGISTRAR OF VOTERS AS A DEPUTY CITY CLERK." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,590 be adopted. Carried by unanimous vote. Resolution No. 13,591, "RESOLUTION CONFIRMING ASSESSMENT OF WEED ABATEMENT." Held over for one week (see para. 1, page 144). Resolution No, 13,592, "RESOLUTION OF THE CITY COUNCIL AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE." Moved by Waters, seconded by Camacho, Resolution No. 13,592 be adopted. Carried by unanimous vote. Resolution No, 13,593, "RESOLUTION PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS." Moved by Van Deventer, seconded by Dalla, Resolution No. 13,593 be adopted. Carried by unanimous vote. Resolution No. 13,594, "RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO CONDUCT THE SPECIAL MUNICIPAL ELECTION OF THE CITY OF NATIONAL CITY ON TUESDAY, NOVEMBER 3, 1981 AND TO CONSOLIDATE THAT ELECTION WITH THE SAN DIEGO CITY GENERAL ELECTION TO BE HELD ON THE SAME DAY." Moved by Waters, seconded by Van Deventer, Resolution No. 13,594 be adopted. Carried by unanimous vote. Resolution No, 13,595, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 1981, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY A MEASURE RELATING TO THE INCREASE IN SALARIES OF THE CITY COUNCIL AND CONSOLIDATING SAID ELECTION WITH THE SAN DIEGO CITY GENERAL ELECTION TO BE HELD ON SAID DATE OF ELECTION." Moved by Van Deventer, seconded by Camacho, Resolution No, 13,595 be adopted. ROBERT FRYER, 15 Blue Anchor Cay Rd., Coronado, was present and commended Council for allowing the voters to determine their wages and suggested the vote on this Resolution be delayed until after the Police Dept, pay is resolved. Discussion. Carried by unanimous vote. Resolution No. 13,596, "RESOLUTION AUTHORIZING AN INCREASE IN SEWER RATES WITHIN THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,596 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Della, Van Deventer, Morgan. Nays: Waters. 7/14/81 145 ORDINANCE FOR INTRODUCTION - FIRST READING Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 7/14/81-1, "An Ordinance of the City of National City amending the National City Municipal Code limiting the number of games of skill or amusement that may be placed in a business as an incidental use." ORDINANCE FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the Ordinance be presented by title only. Carried by unanimous vote. /74 7 Ordinance No. (q/4/81-2), "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADOPTED AS AN URGENCY MEASURE TO PROVIDE FOR HOUSING, LAW ENFORCEMENT SERVICES, AS REQUIRED AND SPECIFIED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 17961 AND TRANSFERRING RESPONSIBILITY FOR MOBILE HOME PARK INSPECTIONS TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 18.300 AND RELATED ADMINISTRATIVE MODIFICATIONS NECESSARY FOR IMPLEMENTATION OF THESE ACTIONS." Moved by Camacho, seconded by Van Deventer, Ordinance No. 17467(g/14/81-g) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 1, dated July 14, 1981,:in,the amount of $63,799.12 (Warrants Nos. 72867 through 72927), and CERTIFICATION OF PAYROLL for the period ending June 30, 1981, in the amount of $223,543.12, was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalia, Van Deventer, Waters, Morgan. Nays: None. The CLAIM FOR DAMAGES of WILLIAM BENNETT WILSON, alleging injury on March 28, 1981, and filed with the City Clerk on July 1, 1981 was presented. Moved by Ca -nacho, seconded by Dalla, this Claim be denied and referred to the City Attorney. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER CITY ATTORNEY OTHER STAFF - - No report. - No report. No report. MAYOR / Mayor Morgan asked the City Manager to check and see if the City had abated the weeds adjacent to Mr. Barton's property. Moved by Morgan, seconded by Camacho, Council declare the weeds along the freeway adjacent to homes a hazard. Carried by unanimous vote. Mayor Morgan reported on the South Bay Plaza side of the bank adjacent to 1220 "0" Ave., the children have dug a hole in the bank under the house, creating a hazardous situation. Moved by Morgan, seconded by Waters, South Bay Plaza be notified of this danger. Carried by unanimous vote. Mayor Morgan spoke of the unsatisfactory location of the Post Office (insufficient parking, etc.) and asked the City Attorney what could be done to prevent the Post Office from signing a new long-term lease at the present location. City Attorney McLean suggested the Planning Dept. and Environmental Planner write their objections in letters to be 7/14/81 146 forwarded with a letter from the Mayor to Congressman Hunter. Discussion. Moved by Morgan, seconded by Dalla, the City Attorney's recommendation be approved and make a report in two weeks. Further discussion. Carried by unanimous vote. CITY COUNCIL Councilman Camacho recognized City Treasurer Kerr and Planning Commissioner Bareno, who were present in the audience. Councilman Dalla inquired about a gentleman who was having problems with the State, and said the State should be as responsible as we expect the citizens to be in taking care of weeds, etc. ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m., July 21, 1981. Carried by unanimous vote. The meeting closed at 8:22 p.m. The foregoing minutes were approved by the City Council at their regular meeting of July 21, 1981. Corrections No C rections MA 'IR CITY OF NATIONAL CITY, CALIFORNIA 7/14/81