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HomeMy WebLinkAbout1981 07-28 CC MIN151 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JULY 28, 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, Dalia, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: 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 City Manager McCabe. APPROVAL OF MINUTES Moved by Graters, seconded by Camacho, the minutes of the regular meeting of July 21, 1981 be approved. Carried by unanimous vote.. PROCLAMATION The Mayor's proposed Proclamation of ''CENTENNIAL YEAR OF THE SAN DIEGO GAS & ELECTRIC COMPANY - 1981" was read. Moved by Van Deventer, seconded by Camacho, the Proclamation be approved. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Shirley Smith of San Diego Gas & Electric Company, and commended SDG&E on their service. MAYOR'S APPOINTMENTS The Mayor's recommended reappointment of Bernard Trager and appointment of Eric Williams to the Park and Recrea""tion Advisory Board, reappointment of Alfred Hlawatsch and Tim Moynahan to the Planning Commission, appointment of Roy Thomas to the Street Tree and Parkway Committee and reappointment of Lillis Hlawatsch to the Library Board were presented. Moved by Camacho, seconded by Van Deventer, these appointments be made. Carried by unanimous vote. Mayor Morgan recognized Eric Williams who was present in the audience. PUBLIC ORAL COMMUNICATIONS Vice Mayor Van Deventer presented Mayor Morgan with a 20-year service pin, saying the presentation was a year late and that Mayor Morgan had given 21 years of dedicated service to the City. PUBLIC HEARINGS The CONTINUED PUBLIC HEARING on proposed AMENDMENT to TITLE 18 (Zoning) of the National City Municipal Code to specify the number of games of skill or amusement allowed as an incidental and/or accessory use to a principal use (the effect of this amendment will be to allow a maximum of four games of skill or amusement as an incidental and/or accessory use to a principal use and a maximum of thirty such machines in a bowling alley; this Ordinance will deem those machines currently existing as lawful non -conforming; this Ordinance will add to Sec. 18.04.267 of the National City Land Use Code a definition of Games of Skill or Amusement; staff recommends adoption of the proposed Ordinance) was held at this time. Planning Director Gerschler reported staff" and Planning,. Commission recommend approval. ROBERT FRYER, 15 Blue Anchor Cay Rd., Coronado, was present and said the National City Businessmen's Association has gone over the Planning Department's memo to the Planning Commission and are unable to find any public benefit from limiting the number of amusement devices. Planning Director Gerschler said arcades, amusement parlors, etc. are now required to have Conditional Use Permits, giving the Planning Commission and City Council an opportunity to review the desirability of those activities at specific locations and to attach whatever conditions or limitations necessary to control the activity and 7/28/81 152 keep them safe and in the public interest; the Planning Commission conducted hearings and reviewed all businesses in the City that have game machines, and arrived at the conclusion that four machines would not be a hazard to the health and safety of the community, and would-be allowable as an accessory use; the single exception is the provision that bowling alleys can have, when there is a full time attendent, up to 30 game machines; all machines that now exist can continue as is. Mr. Fryer said the Businessmen's Association feels the second section of the Planning Department's memo is vague; does this include such things as pay TV and vibrating beds in a motel? Mayor Morgan said perhaps the Ordinance is too liberal and possibly we should tighten it. Planning Director Gerschler recommended the Ordinance be adopted and the larger question be sent back to the Planning Commission for review. JAMES WHITE, owner, Western Steak House, was present and said he has game machines in his establishment and has never had any problems directly related to these machines. Moved by Morgan, seconded by Van Deventer, the Public Hearing be closed and staff recommendation be approved. Carried by unanimous vote. Moved by Morgan, seconded by Van Deventer (the questions raised regarding) this Ordinance be referred back to the Planning Commission for study to see if it is too liberal and make recommendations (of possible revisions) to Council at a future date. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote, Resolution No. 13,600, "RESOLUTION APPROVING THE ISSUANCE OF A CERTAIN OBLIGATION BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,600 be adopted. Carried by unanimous vote. Resolution No. 13,601, "RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH POLICE OFFICERS' ASSOCIATION FOR THE PERIOD JULY 16, 1981 THROUGH JUNE 30, 1982," Moved by Van Deventer, seconded by Camacho, Resolution No. 13,601 be adopted. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION - FIRST READING Moved by Van Deventer, seconded by Camacho, the Ordinance be presented by title only, Carried by unanimous vote. Ordinance No, 7/28/81-1, "Ordinance amending Title 18 (Zoning) of the National City Municipal Code, to require site plan review for all single family dwellings and to set forth minimum standards for all factory built housing hereafter placed within National City." ORDINANCES FOR ADOPTION Moved by Van Deventer, seconded by Camacho, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 7/14/81-1, "An Ordinance amending Title 18 (Zoning) of 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." Moved by Camacho, seconded by Waters, Ordinance No. 7/14/81-1 be adopted. Carried by unanimous vote. (to be on 8/4/81 agenda for adoption,) Ordinance No. 1748 (g/28/8I-2), "AN INTERIM ORDINANCE ADOPTED AS AN EMERGENCY MEASURE PURSUANT TO GOVERNMENT CODE SECTION 65858, REGULATING THE LOCATION OF ESTABLISHMENTS OTHER THAN BONA FIDE PUBLIC EATING PLACES, THAT SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES." Moved by Van Deventer, seconded by Camacho, Ordinance No, 1748 (;/28/81-a) be adopted. Discussion. Planning Director Gerschler stated this is an Interim Ordinance and will die in four months; the Planning Commission will be required to have hearings and prepare a permanent Ordinance. Carried by unanimous vote. 7/28/81 153 NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 3, dated July 28, 1981, in the amount of $87,214.07 (Warrants Nos. 73005 through 73067), and CERTIFICATION OF PAYROLL for the period ending July 15, 1981, in the amount of $241,798.15, was presented. Moved by Camacho, seconded by Van Deventer, 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 Clerk's report on opening of SEALED BIDS for 1911 ACT PROJECT ASSESSMENT DISTRICT NO. 208, Alleys 31, 50 and 105 on July 22, 1981 (four bids were received: Griffith Co., - $47,824.54, Dyno Construction Co. - $52,111.73, Sapper Construction Co. - $60,843.00, T. B. Penick & Sons - $44,862.50) was presented. Ordered filed by unanimous vote. The City Clerk's report on opening of SEALED BIDS for 1911 ACT PROJECT ASSESSMENT DISTRICT NO. 209, Alleys 75, 79 and 90 on July 22, 1981 (four bids were received: Griffith Co. - $102,018.52, Sapper Construction Co, - $111,052.00, Dyno Construction Co. - $111,606,03, T. B. Penick & Sons - $88,229.75) was presented. Ordered filed by unanimous vote. The APPLICATION for TRANSFER of ON -SALE BEER AND WINE LICENSE, Type 41, of Dante & Olga Y. Mancinelli, dba Dante's, 1528 E-F Sweetwater Rd. (Police, Planning and Building Departments state no objections) was presented. Moved by Camacho, seconded by Van Deventer, this application be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The APPLICATION for ON -SALE BEER AND WINE LICENSE, Type 41, of Peoplefeeders, Inc., dba Square Pan Pizza, 3030 Plaza Bonita Rd., Suite 2162 (Police and Building Departments state no objections; Planning Dept. recommends Council protest this application until such time as the following is assured: 1. alcoholic beverage sales shall be incidental to food service; 2. there shall be no bar or counter over which the on..sale alcoholic beverages shall be served; 3. all live entertainment and dancing shall be prohibited; 4. there shall be no sale of alcoholic beverages after midnight; 5. live entertainment limited to a single entertainer performing musical work [piano bars, etc.] where there is no dancing, audience participation, or other live entertainment activities is a permitted accessory use to permitted on -sale alcoholic beverage establishments and restaurants without requiring Conditional Use Permit) was presented. Moved by Dalla, seconded by Camacho, this license be protested until such time as we are assured conditions specified bey Planning Dept, have been met. (Planning Director to write the letter) Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The selection of the City of National City to participate in the NATIONAL INSTITUTE HOST PROGRAM - CRIMINAL JUSTICE TASK FORCE (the City was selected to send two representatives to observe the Seattle Community Crime Prevention Program to gain a general overview of the program as it relates to the possible institution of a similar concept in the City; application was made on behalf of one staff member [Police Chief] and one elected official [Vice Mayor Van Deventer] to participate) was presented. Moved by Camacho, seconded by Waters, Council authorize the City's participation in this program, Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer. The CLAIM for DAMAGES of ANN ROBINSON, alleging injury on May 31, 1981, and filed with the City Clerk on July 17, 1981, was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. 7/28/81 154 OTHER BUSINESS STREET TREE AND PARKWAY COMMITTEE The Street Tree and Parkway Committee's recommendations from their meeting of July 16, 1981 (1. Removal of three Chinese Elms at 1704 "C" Ave., due to sidewalk damage and sewer problems, Arturo Zepeda, deposit of $20 for two replacements required; 2. removal of two Cocos Palms at 730-732 E. 6th St., which are growing into power lines, San Diego Gas & Electric, two replacement trees required; 3. removal of one Pepper tree at 1015 E. 7th St., because tree is uprooting the driveway, Mrs. Frank Caldern, deposit of $10 for a replacement required; 4. removal of one Jacaranda tree at 1820 "0" Ave., due to extensive sidewalk damage, Mr. & Mrs. M. T. Ramos, no replacement required; 5, removal of two Bottle Brush trees, 1000 block "B" Ave,, K of P Hall, due to lifting and cracking of the sidewalk, office of Mayor Morgan, deposit of $20 for two replacements required) were presented, Moved by Waters, seconded by Camacho, in favor of the Street Tree and Parkway Committee's recommendations. Carried by unanimous vote. TRAFFIC SAFETY COMMITTEE Recommendations from the July 8, 1981 meeting of the Traffic Safety Committee and requiring Council action (1. Install a NOT A THROUGH STREET sign at the entrance of Newberry St.; 2. Post NO PARKING signs on Rose Dr, near 24th St.; 3. Install a SLOW BUS CROSSING sign on 18th St. West of Wilson for Eastbound traffic; 4. Install diagonal parking on Transportation Ave. from 24th to 30th Streets; 5. Repaint the existing school crosswalk on Plaza Blvd. near Olive; 6. Install STOP signs on Hoover Ave., Northbound/Southbound at 22nd St.) were presented. Moved by Van Deventer, seconded by Camacho, in favor of the Traffic Safety Committee recommendations. Carried by unanimous vote, CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report, MAYOR - No report. CITY COUNCIL Vice Mayor Van Deventer reported we will have a representative at the July 30 hearing, 9:00, on the Senate Select Committee on Southern California Transportation, dealing with Rt, 54. ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m., August 4, 1981. Carried by unanimous vote. The meeting closed at 7:42 p.m, CITY CLE{K The foregoing minutes were approved by the City Council at their regular meeting of August 4, 1981. Corrections / No Corrections MA OR CITY OF NATIONAL CITY, CALIFORNIA 7/28/81