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HomeMy WebLinkAbout1981 12-08 CC MIN247 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 8, 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Grahl, McCabe, Montandon. 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, First Christian Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of November 24, 1981 be approved with the following change: Page 235, Para. 1, add to the motion, "3. Follow the recommendation of the Executive Director of the Community Development Commission that the Redevelopment Plan for the Project not include the acquisition of the Santa Fe Motel, F arcel B-2 on the Land Acquisition Map consisting of 13,054 sq. ft. of land owned by Arthur D. and Valerie E. Fast.)" Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. Moved by Dalla, seconded by Van Deventer, the minutes of the regular meeting of December 1, 1981 be approved. Carried by unanimous vote. APPOINTMENTS The recommended reappointment of Mayor Kile Morgan to the Sweetwater Authority Board of Directors was presented. Moved by Waters, seconded by Camacho, in favor of this reappointment. Carried by unanimous vote, PUBLIC ORAL COMMUNICATIONS None ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,698, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT ("EDA" ALLEYS NO. 24, 27, 45, 54, 57, 63, 68 and 81), ASSESSMENT DISTRICT NO. 213." Vice Mayor Van Deventer asked if Alleys 57 and 63 could be considered separately; on learning they could not, he said he would have to abstain from voting on them because he owns property within the district for these two alleys. Moved by Van Deventer, seconded by Camacho, Resolution No. 13,698 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None. Abstaining: Van Deventer (Alleys 57 and 63 only). Resolution No. 13,699, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS ("EDA ALLEYS NO. 24, 27, 45, 54, 57, 63, 68 and 81), ASSESSMENT DISTRICT NO. 213." Moved by Waters, seconded by Camacho, Resolution No. 13,699 be adopted. Vice Mayor Van Deventer said he would have to abstain' on Alleys 57 and 63 because he owns property in the area. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Waters, Morgan. Nays: None, Abstaining: Van Deventer. 12/8/81 ORDINANCES FOR INTRODUCTION - FIRST READING Moved by Camacho, seconded by Van Deventer, y title only. Carried by unanimous vote. Ordinance No. 12/8/81-1, "An National City Municipal Code Commercial Tourist Zone (CT) Zone (CT-PD) . 248 the Ordinances be presented Ordinance amending Title 18 (zoning) of the to allow additional uses within the and Commercial Tourist - Planned Development Ordinance No. 12/8/81-.2, "An Ordinance amending Title 18 (zoning) of the National City Municipal Code to add amusement arcades to use Group6 of Appendix D of the National City Land Use Code." Ordinance No. 12/8/81-3, "An Ordinance of the City of National City approving and authorizing the execution of a Parking Facility Lease with the Parking Authority of the City of National City." NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 20A, dated November 30 1981, $35,954.32 (Warrants Nos. 74307 through 74345) and CERTIFICATION of PAYROLL for the period ending November 30, of $227,741.48, was presented. Moved by Waters,8secondedebymount Camacho, the bills be aid and warrants drawn,. ng Ayes: Camacho, Dalla, Van Deventer, Waters, by Morgan. Nays:NNgoone. to -wit: ne. Council reconsidered their protest of APPLICATION for OFF -SALE GENERAL LICENSE, Type 21, authorizing the sale of beer, wine and distilled spirits for consumption off the premises of Robert R. and Sheryl A. Ciaccio, dba 7-ELEVEN, 3100 Plaza Blvd.. voted to protest the license and asked staffNmber toeanswer7several Council in his memo to the City Manager, dated November 20, 1981, Policquestions;Chief Hart stated "existing laws allow one Type population in the County; 21 license per every 2,500 twenty-five population changes in San Diego County created y-five new licenses; Ciaccio won his in the 'draw'; there are only two other licenses of this type in 7-Elevens in this County, none in National City"; Police Dept. has no data to indicate significant policing problems in this area; if Council withdraws its protest, the license can still be protested by any business or person in the immediate area who can establish a valid claim that issuance of the license would have serious adverse effects on them; staff recommends the protest be withdrawn unless Council has substantial grounds tothat have not yet been discussed or revealed) was presented. continue the protestRT and SHERYL CIACCIO ) ROBERT Applicants, were present and requested Council withdraw the protest, and presented a petition signed by 611 people supporting their request. Mr. Ciaccio stated they have had a beer and wine license for several years with no violations; very little shelf space will be devoted to liquor and it will be kept behind the counter. Discussion. Moved by Van Deventer, seconded by Waters, the protest be withdrawn. Carried, by the following vote, to -wit: Dalla, Van Deventer, Waters. Nays: None. Abstaining:: Morganacho, gan. The APPLICATION for OFF -SALE BEER AND WINE LICENSE, Type 20, of LeRoy F. Koranda, dba HADLEY WINDMILL FARMS, 2401 Plaza Blvd. (Police, Planning and Building Departments state no objections) was Van Deventer, seconded by Waters, in favor of thispapplicatjresented. Moved Cby arried, by the following vote, to -wit: A es: liar Deventer, Carried, Waters. Nays: None. Abstaining:Y ganacho, Dalla, Van Dev Morgan. Council reconsidered their protest of APPLICATION for ON -SALE BEER AND WINE LICENSE, Type 41, of Clara C. Rochon, dba TIPANAN II, 841 National City Blvd. (On November 10, 1981, Council voted to protest this license; Council directed staff to meet with Mrs. Rochon to explain the circumstances and to seek a resolution satisfactory to all parties, ifthe next few days, Planning Director Gerschler and Poli epChieflHart�metn 12/8/81 249 with Mrs. Rochon and inspected her restaurant at 841 National City Blvd.; inspection revealed the following: 1. The full length bar is still in position and customers are allowed to sit there, although Mrs. Rocht5n states she has no intention of selling alcoholic beverages over it; Cola drinks are dispensed over it, which seemingly would entice people to sit at the bar and order alcohol if the bar were left intact, 2. One tap of dark beer was still connected and operating although it did not appear that it was used by Mrs. Rochon. A question raised by Council on November 10, 1981 was -- "If you were licensed to sell alcoholic beverages, would it be possible for a customer to just order alcohol without food? Would you serve them?" Mrs. Rochon's answer was, "No: They would have to order food."; in his memo to the City Manager dated December 1, 1981, Police Chief Hart states, "On November 13, 1981, two Police officers were sent to Rochon's San Diego restaurant. They ordered and were served two beers each; they were never offered a menu or food; they observed several other males ordering and being served beer without food."; the Police Dept. still recommends protest; staff recommends the protest not be withdrawn, based upon saturation and public safety issues) was presented. LINVILLE C. MARTIN, Attorney (representing Mrs. Rochon and Mrs. Grasser), 1850 5th Avenue, San Diego, was present and asked Council to reconsider the protest, saying Mrs. Grasser went to the Planning Dept. and said she wanted to build a restaurant with a beer and wine license, and was advised there would be no problems; Mrs. Rochon began making improvements and spent a great deal of money; in this day and age cannot make money just selling food; ed to ll the 9 you t items such as beer and wine; Mrs. Rochon iswillingtoabidegh byprofi the Planning Department's restrictions; they will eliminate as much of the bar as possible; a restaurant will decrease the potential for crime in this area. Mr. Martin further stated Council could place whatever restrictions they want on the license and if Mrs. Rochon does not abide by them, Council can always go back to the ABC and request that the license be revoked. Councilman Dalla said his understanding is that once the license has been issued, the opportunity to impose any restrictions is gone; there are limits to what we can require. Discussion. Moved by Van Deventer, seconded by Camacho, the Protest not be withdrawn. Further discussion. The City Manager was requested to draft a policy on the saturated area for Council approval. Carried by unanimous vote. The request of LAS PALMAS GOLF COURSE to renew their TEMPORARY USE PERMIT to continue in the use of a trailer for office purposes located at 1439 Sweetwater Rd. from 11/24/81 to 11/24/82 (Previous Temporary Use Permits have been issued to Las Palmas Golf Course in 1979 and 1980; because of the heavy damage and financial loss incurred by the flooding in 1978 and 1980, the proposed clubhouse project was postponed; the intention of the Golf Course Board of Directors is to construct the clubhouse as soon as funds are available; the following Departments have approved this [request, subject to the conditions as noted: 1. Building & Safety provide site plan indicating location, method of construction, parking and sanitary facilities], 2. Plannin 2A:1OBC fire extin 9s 3. Fire Dept. [provide one guisher upon occupancy], 4. Finance Dept., 5. Police Dept., b. Parks and Recreation; staff recommends this request be granted subject to all applicable laws) was presented. Moved by Waters, seconded by Camacho, in favor of this request. Discussion. Councilman Van Deventer said he feels it is about time a permanent structure be built at Las Palmas; Mr. Jackson has never paid the City discussion. Assistant City Manager Ballard said the leaseeisestructured so that when Mr. Jackson's profits reach a certain threshold, he will begin to pay the City. Further discussion. d by Dalla, Van Deventer, this motion be tabled until we Mete more informationnded by re ardin the Golf Course's financial status (amended motion ). Carried by unanimous vote. Moved by Morgan, seconded by Camacho, Asst. Ci Mana.er Ballard be authorized to •et an audit of the •olf course's books for the last five ears. Carried by unanimous vote. 12/8/81 250 MANN'S THEATERS/VARIETY CLUB'S request for TEMPORARY USE PERMIT to hold a promotional event at 3030 Plaza Bonita Rd. on December 17, 1981 at 7:00 p.m. (Mann's Theaters has requested approval to hold a promotional event at 3030 Plaza Bonita Rd. on December 17, 1981 at 7:00 p.m.; they have employed Allen Kappmeier to provide helicopter transportation to deliver movie celebrities to the Plaza Bonita Mall east parking lot on a one-time basis; the helicopter landing permitee shall be responsible for the following: 1. Crowd control to prevent the presence of spectators within a landing area of sufficient size to avoid a hazard, 2. Compliance with all applicable FAA and CAB rules and guidelines for events of this type, 3. The submission to the City, in a manner approved by the City Attorney, of a "Hold Harmless Agreement" with satisfactory evidence of liability insurance; staff recommends approval subject to compliance with listed conditions) was presented. Moved by Waters, seconded by Camacho, in favor of this request subject to the three conditions of staff. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER CITY ATTORNEY OTHER STAFF - - No report. - No report. No report. MAYOR - No report, CITY COUNCIL Moved by Dalla, seconded by Van Deventer, the City Attorney and staff write a ballot proposition in opposition to the Sander_plant. Carried by unanimous vote. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 4:00 ti.m., December 15 1981. Carried by unanimous vote. The meeting closed at 7:48 p.m. CITY CLERK The foregoing minutes were approved by the City Council at their regular meeting of December 15, 1981. Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 12/8/81