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HomeMy WebLinkAbout1980 02-26 CC MIN101 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 26, 1980 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m, by Mayor Morgan. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan, Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by Dr. John Bontrager, Paradise United Church of Christ, APPROVAL OP MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meetings of January 22 and February 5, 1980? be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the Resolutions be read by title only. Carried by unanimous vote, Resolution No. 13,258, "RESOLUTION REJECTING ALL BIDS RECEIVED FOR PARK VIEW TERRACE DRAIN, SPECIFICATION NO. 900," Discussion. Moved by Camacho, seconded by Van Deventer, Resolution No, 13;258 be adopted, Carried by unanimous vote. 13259 be adopted. Carried by unanimous vote. Resolution No. 13,260, "RESOLUTION OF AWARD OF CONTRACT (Solar Energy Recovery System for the Municipal Swimming Pool)." Discussion. Moved by Waters, seconded by Dalla, Resolution No. 13‘260 be adopted. Carried by unanimous vote. Resolution No. 13,259, "RESOLUTION ADOPTING FEDERAL AID URBAN SYSTEM OF STREETS AND ROADWAYS (24th Street between Tidelands Avenue and Highland Avenue)." Moved by Van Deventer, seconded by Camacho, Resolution No, Resolution No. 13,261,"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS" (for improvement of Hoover Avenue and Roosevelt Avenue from 18th St. to 21st St., Assessment District No, 187). Moved by Waters, seconded by Camacho, Resolution No. 13,261 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan, ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, the ordinance be read by title only. Carried by unanimous vote. Ordinance No, 1706 (9,49,t Q.4 ), "ORDINANCE TO REZONE FROM RT (RESIDENTIAL. TWO FAMILY) TO RS..I (RESIDENTIAL SINGLE FAMILY) THE BLOCK BOUNDED BY 22ND ST., LAS PALMAS PARK, 24TH ST., AND "N" AVE., AND AMENDING THE LAND USE CODE BY ADOPTING A SPECIFIC PLAN PROVIDING FOR A MINIMUM LOT AREA OF 7500 SQUARE FEET WITHIN SUBJECT AREA." Councilman Waters suggested trying to save the beautiful big tree up there; the lot is big and the tree is the center of the lot, Planning Director Gerschler said they will try to save it. Moved by Van Deventer, seconded by Camacho, Ordinance No, 1706 •9/440.4) be adopted. Carried by unanimous vote. 2/26/80 102 NEW BUSINESS The City-Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 33, dated 2/26/80 in the amount of $83,899.19 (Warrants Nos. 067669 through 067724)' and Payroll for the period ending February 15, 1980 in the amount of $189,954.14 was presented. Moved by Dalla, seconded by Camacho, these bills be ratified and pay- roll confirmed. Carried, by the following vote, to wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The Chief of Police's recommendation the City continue its participation as a member of the regional board (San Diego County entitlement juris- diction presently known as the REGIONAL CRIMINAL JUSTICE PLANNING BOARD) and the City Manager be directed to forward a letter expressing such intention to the Regional Criminal Justice Planning Board, was presented. Councilman Van Deventer said he and the Chief of Police sat on the Board; this might provide an opportunity to pick up additional money for the City. Moved by Van Deventer, seconded by Camacho, the letter be approved. Carried by unanimous vote. City Engineer Hoffland's recommendation to VACATE "A" AVENUE (the Com- munity Development Commission wishes to include "A" Avenue between llth St. and 12th St. in their development of properties immediately east and west of the proposed vacation) and refer to the Planning Department for further processing, was presented. Councilman Waters asked if this has been before the Traffic Safety Committee. City Engineer Hoffland said it had not; it will be referred to the Planning Dept. and scheduled for hearing; input from City Departments will be received. Discussion re: one-way traffic, crowds around the Community Building and Masonic Hall; the new circular parking lot with ingress and egress to the north; possible congestion, especially with new office buildings coming here; the office building, the parking lot and everything else dove..tail, it would not work unless they follow the plans. Moved by Dalla, seconded by Camacho, the matter be referred to the Planning Dept. for further processing. Carried by unanimous vote. The APPLICATION FOR ON -SALE BEER & WINE EATING PLACE LICENSE of Raymond G. Saatjian, Len Steinbarth, Charles W. and Gertrude Lamden, dba COOKIN' TACOS, 1710 171,? Highland Avenue, National City, Type 40, was presented. Discussion re protest of previous application for this location because of the school and the problems; whether or not new applicants had consulted with the Staff as to the application for a beer and wine license; was new applicant led to believe that he could get a liquor license. RAYMOND G. SAATJIAN, 6266 Caminito Marcial (general partner of a limited partnership, the restaurant known as COOKIN' TACOS) was present and said he was not led to believe he could get a license; the correct address is 1710 rather than 1719 Highland Ave.; he received notice on Saturday that this hearing would be held today; otherwise he would have been better prepared, with pictures. Mayor Morgan asked if he knew a previous license had been protested. Mr. Saatjian said that he .had not known; he had been contacted by ABC with respect to the application and they had at that time informed him there was a problem but did not go into detail with respect to the problem because they were backed up with work and the investigator had not come out; he had not talked to anybody with respect to the appli- cation, with regard to that area; he wanted it clarified exactly what it is they want; the agenda is also in error in that it refers to the permit as permitting the sale of beer off -premises; they are not interested in that, they are requesting a very narrow permit to serve beer on the premises, no wine, in a family -oriented restaurant, a Mexican kind of restaurant. Mayor Morgan said that the Council could listen to a lot of testimony; if they do not protest the license, it would be approved tomorrow; if they do not protest, even if the Council changes its mind later, time will have elapsed; so they have to protest before the people get their foot in. City Manager McCabe said the 2/26/80 103 deadline is the 28th. Mr. Saatjian said he received notice on Saturday and he had talked with Chief of Police Hart this morning about the problem and Chief Hart said he would be prepared to withdraw his objec.. tion if Mr. Saatjian were willing to do a couple of things; he agreed to the chief's recommendations. City Attorney McLean reported he talked to the Chief of Police about 4:00 p.m. and he indicated Mr. Saatjian would appear tonight and he had two recommendations for consideration; he has not seen anything more of it; one of the suggestions involved a security guard and the other involved closing of the alcoholic portion of the business at 9:00 p.m. on Friday and Saturday nights; he has nothing more to present to the Council tonight. Mayor Morgan said he likes the idea of Friday and Saturday night, but there are problems with kids coming by all the time, kids going to Otis School, and they are all over the neighborhood, and it is kind of a bad place for a liquor license. Mr. Saatjian said he certainly would not be serving any minors and they would request valid I.D.; the schools around there are elemen- tary and junior high schools; it doesn't seem reasonable to expect eight or ten-year..old kids to come in and request a beer. Mayor Morgan said the kids are in the neighborhood and you can not control them (restaurant patrons) after they leave the premises. Mr. Saatjian said that would probably be a factor that would exist in almost any restaurant; they do not intend to have anyone buy beer and leave; the beer will be suffi- ciently high priced, it isn't likely young people will come in and spend sixty cents a can when they can buy a six-pack at the store for less; he is mindful of the sensitivity of the Council with respect to that location; he called the Chief of Police and asked what he could do to cooperate with the City; serving beer is consistent with their image, with the type of restaurant they wish to present. Mayor Morgan said he never had been able to guess what the Council will do, unless the Chief came and gave a good selling job they have to protest it tonight; they could change their minds later. City Attorney McLean said they have a very tight deadline; if they are going to protest a license, they have to do it within 30 days of notice; he talked with Mr. Saatjian, and explained the Chief's report is not here, and he did not have it before him; if Mr. Saatjian is able to come back and has evidence such as a report from the Chief of Police, that may induce the Council to withdraw the protest; if Council doesn't withdraw the protest, he has a right to appeal through ABC proceedings; he recommended Council protest the license. Discussion. City Attorney McLean said the previous grounds of protest for this location were that the licensed premises was too close to the school, there were inherent police problems; there was a concentration of juveniles in the area; the sale of alcoholic beverages in that neighborhood is contrary to the welfare of the people of National City. Moved_by Morgan, seconded by Camacho, the appli- cation be protested (on the grounds stated by the City Attorney). Carried by unanimous vote. The APPLICATION FOR ON -SALE BEER AND WINE LICENSE, Type 41, for George G. Covin and Riley W. Tatum, dba TEXAS CAT FISH HUT #2, was presented. Councilman Dalla asked if this place had been previously licensed, Discussion. Moved by Waters, seconded by Van Deventer, to protest unless the four conditions recommended by the Planning Department are met. Carried by unanimous vote. OTHER BUSINESS The TRAFFIC SAFETY COMMITTEE'S recommendations from their regular meeting of February 13, 1980 (1. Remove parking prohibition on the North side of 12th from 25 feet easterly of "A" to 150 feet easterly; 2. Prohibit parking adjacent to intersection drains at various locations.) were pre- sented. Discussion. Moved by Dalla, seconded by Van Deventer, in favor of the Traffic Safety Committee's recommendation. Carried by unanimous vote. PUBLIC HEARINGS The PUBLIC HEARING on report of proceedings, account of cost and 2/26/80 104 assessments of the 1979 WEED ABATEMENT PROGRAM was held at this time. (The City Clerk's Affidavit of mailing notice of the hearing is on file.) Fire Marshal Wright was present and said the Weed Abatement Program was completed in November; 879 notices and 144 final notices were mailed to property owners; out of the 879 original contacts, the City cleaned 10 parcels by contract; the contractor's expenses were $1,620.00; adminis•. trative costs $70.00; total expenses for the Weed Abatement Program were $1,690.00. City Attorney McLean said if no one in the audience wanted to speak, Staff recomme 1 sessment be confirmed. No one was present in this regard, Moved by Camacho, seconded by Van Deventer, in favor of the City Attorney's recommendation. Carried by unanimous vote. The PUBLIC HEARING on Proposed Amendmant to the National City Land Use Code to specifically allow "CONTRACT SEWING SHOPS" in the C-H (Heavy Commercial) Zone (Staff recommends approval. The uses now permitted in the C-H zone include such activities as appliance repair, awning shops, carpeting, costume rental service, jewelry making, leather cutting and upholstery shop) was presented at this time. (Certificate of Publi- cation on file.) Planning Director Gerschler reported the Planning Commission and Staff recommended approval. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the hearin9c be closed and the proposed amendment approved subject to all conditions of the Planning Commission. Carried by unanimous vote. Discussion. CITY MANAGER The City Manager recommended his office contact legislators stating the City Council's support of:AB 1926 and AB 2046 (which provide the sale of narcotic paraphernalia be prohibited to minors) and SB 37 (Public Employees Retirement System, providing for a reduction in disability retirement benefits for industrial disability cases where the individual recuperates enough to hold a second job; this would not penalize the individual but would make his total income equal to what his normal pay would have been if he had continued on the job); these deserve the support of the City; his office will initiate the letter, if so directed Councilman Van Deventer said, regarding the first bills, he would like to see that for everybody not just minors. Moved by Morgan, seconded by Van Deventer, in favor of the City Manager's recommendation. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Councilman Camacho said Mr. Jaeckel, Big Ben's Market, asked that "A" Avenue from 8th to 9th Street be restored to two-way traffic. Mayor Morgan referred it to the Traffic Safety Committee. Councilman Van Deventer said he is still pushing the airport hearing for Monday; would anyone like to go to the meeting all day. Vice Mayor Dalla requested an estimate of the cost of damages from the last rains: man hours, damage to streets and various public facilities. City Manager McCabe said they will report to Council Councilman Waters said in the last month or so, big flat-bed trucks have been parked with smashed cars at least ten or twenty-five feet high on a routine basis on the South Bay Plaza parking lot; it is a bad sight for people who have just spent millions of dollars up -grading the Plaza area; he requested the City Manager check with the manager of the Plaza and direct him that is not the proper use of that area whether it is private or public and to do something about those trucks. City Manager McCabe said they are checking on that now. 2/26/80 105 Vice Mayor Dalla said if the Plaza owner has a problem with that, if he will give Council authorization, they can deal with these people in terms of citing them and finding a big tow truck. Ccuncilman Waters thanked the City Clerk for her report on the 19th Street 1911 Act; and said he gave Mr, Marshall a copy of that report; he is sure Mr. Marshall is going to read it; Mr. Marshall told him if he has any questions, he will contact the City Engineer, the Staff, and let the people within the assessment district make the decision where to go from here. ADJOURNMENT Moved by Camacho, seconded by Vall Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:11 p.m. CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council at their regular meeting of March 11, 1980. 0 Corrections Corrections CITY OF NATIONAL CITY, CALIFORNIA 2/26/80