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HomeMy WebLinkAbout1986 01-14 CC MINBook 66/Page 176 1/14/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 14, 1986 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: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. 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. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Cooper, seconded by Van Deventer, the minutes of the regular meetings of December 17, 1985, December 24, 1985 and January 7, 1986 be approved. Carried by unanimous vote. APPOINTMENTS Mayor Morgan said he submitted a slate of appointees to various committees and he is hoping they will be approved by the Council: Library Board — Zelva Moeser; Sweetwater Authority — Kile Morgan; Traffic Safety Committee — Roy Fierro, Alex Torres and Kathleen vanArum; Senior Citizens' Advisory Board — the entire slate that was submitted (six incumbents plus applicant Raymond Spann); Park and Recreation Advisory Board — Marian Rutsch, Walter Popelar, James Heinz; Street Tree and Parkway Committee — Richard Aranda. Vice Mayor VanDeventer said as the Chairman of the appointment procedure, we will follow the order of the balloting by each item and take into consideration the Mayor's appointment and Council's recommendation to those boards; we have some candidates that would like to speak, who did not have an opportunity at the last meeting. DAVID WIGNALL (applicant for the Planning Commission) was present and said he has been a resident since 1959 and he would like to give something back to the community; the best way is for him to work in an area that he knows something about. PATRICIA DE LA ROSA (applicant for student Planning Commissioner) was present and said she is a Public Administration major and she has an interest in City planning; volunteering her tim e is a great way to start. LIBRARY BOARD OF TRUSTEES The City Clerk reported there is one opening for a term that will expire in June, 1986; there were two applicants, Zelva Moeser and Jacqueline Bouley. City Attorney Eiser said the procedure established is to do this by written ballot; in order to avoid questions arising about potential Brown Act violations, he would recommend that the ballots be signed. Mayor Morgan said he put his recommendations on the agenda so people could read them; there is too much decision making done behind the scenes; the public has a right to know what goes on; when it comes to the commissions where the Council is going to make the recommendations, he will abstain from voting. Councilman Waters said the Mayor has certain boards where he makes appointments; it is the responsibility of the Mayor to select one from the list that Council gives him and then the Council has the right to reject that individual; then the Mayor must select another. Discussion. Moved by Morgan, the Mayor's recommendations be approved. Motion died for lack of second. Ballots were distributed. The City Clerk reported Ms. Moeser received four votes. Moved by Morgan, seconded by Dalla, the Mayor's recommended appointment of Ms. Moeser to the Library Board of Trustees be approved. Discussion. Carried by unanimous vote. CIVIL SERVICE COMMISSION Vice Mayor Van Deventer reported there are two applicants, Anton Gerschler and Doris McKinney (incumbent); Mrs. McKinney has served more than two terms and would require a 4/5 vote to be reappointed. Ballots were distributed. Councilman Book 66/Page 177 1/14/86 Waters said the ballots will be made public property and anyone can come in and look at them. The City Clerk reported there were three votes for Anton Gerschler and one vote for Doris McKinney. Moved by Cooper, seconded by Waters, Anton Gerschler be appointed to the Civil Service Commission. Mayor Morgan said he did not intend to vote on this; he is not against Mr. Gerschler, but he doesn't think this is the proper way to handle this. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. TRAFFIC SAFETY COMMITTEE Vice Mayor Van Deventer said this will be a recommendation to the Mayor. Ballots were distributed. Councilman Waters said he wanted the record to show that he did not discuss any appointments with any m ember of the City Council, including the Mayor; maybe the Mayor knows something about the other Council members; maybe they discussed it with each other, but he discussed it with no one. The City Clerk said there were three incumbents on the ballot and all three received four votes. Moved by Cooper, seconded by Waters, the reappointment of Roy Fierro, Alex Torres and Kathleen vanArum be recommended to the Mayor. Carried by unanimous vote. PLANNING COM MISSION Vice Mayor VanDeventer said we have one two—year term and two four—year terms open; the two—year term would be effective now; we need to specify the one that will be appointed to the two—year term; the others will serve four—year terms. Councilman Waters said Fred Pruitt has been on the Commission for seven years and is thinking about running for City Council; he is in favor of reappointing Mr. Pruitt to the two—year term until such time as he finds out if he is going to be a City Councilman or a Planning Commissioner. Discussion. Vice Mayor Van Deventer said some submitted an application the morning after the interviews. The City Clerk said Mrs. Zarate (who submitted a late application) is presently on the Park and Recreation Advisory Board and if she is appointed to the Planning Commission, it would create another vacancy on PR AB. Vice Mayor Van Deventer said Mrs. Zarate would have to be a write—in candidate. Ballots were distributed. The City Clerk reported for the two—year term there were two votes for Mr. Pruitt, one vote for Ms. Zarate, and one for Mr. Detzer. Councilman Cooper asked if Council could select the three applicants and then decide what terms they will serve. Vice Mayor VanDeventer replied yes. Discussion. Vice Mayor VanDeventer asked the City Clerk to read the total number of votes for each candidate. The City Clerk reported Mr. Detzer received four votes (two votes for the two—year term and two votes for the four—year term); Mr. Pruitt received four votes (two votes for the two—year term and two votes for the four—year term); Ms. Zarate received three votes (one vote for the two—year term and two votes for the four—year term); Mr. Hood received one vote (four—year term). Moved by Waters, seconded by Cooper, Mr. Pruitt be appointed to the two—year term. Councilman Dalla said he didn't think we should penalize someone because he is interested in running for the City Council; if that person is elected to that position, there would be a vacancy anyway. Councilman Cooper said Mr. Pruitt has already served seven years on the Planning Com mission; there are a lot of people who have never served on the Planning Commission. Motion failed by the following vote, to —wit: Ayes: Waters, Cooper. Nays: Dalla, Van Deventer. Abstaining: Morgan. Moved by Cooper, seconded by Waters, Mr. Detzer be appointed to a four—year term. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Vice Mayor Van Deventer said Mr. Detzer will fill the other four—year term which does not become effective until April 1 and Mrs. Zarate will serve out the two—year term. Councilman Waters said Mrs. Zarate did not hand in her application on time and should not be eligible for appointment; there were fourteen candidates who had submitted their applications prior to deadline; the night of the interviews it was stated that no further applications would be acted on; it appears that someone was talking to Council members individually; there were a lot of applicants to choose from; we have no policy for a write—in; Council was not following their own policy. Councilman Dalla said he has not spoken with Mrs. Zarate about an appointment; Council just appointed to the Library Board someone who had neither turned in an application nor appeared before the Council. Councilman Waters said at that time, it was not known there would be a vacancy on the Library Board. Further discussion. SENIOR CITIZENS' ADVISORY COMMITTEE Ballots were distributed. Moved by Morgan, all seven applicants (Louise F. Barchus, Book 66/Page 178 1/14/86 Eva N. Cano, Rosa Enriquez, Marie A. Meier, Leona E. Meyers, Martha May Smith, Raymond M. Spann) be appointed. The City Clerk reported all seven candidates received four votes. Moved by Morgan, seconded by Cooper, all seven candidates be appointed. Carried by unanimous vote. BUILDING ADVISORY AND APPEALS BOARD Mayor Morgan said this has always been filled by the Building Director; he recommends someone to Council. The City Clerk reported that this would be a citizen appointment. There were no applicants. SWEETWATER AUTHORITY Vice Mayor VanDeventer said the Mayor's recommendation for reappointment of i himself to this Board would require a 4/5 vote. Ballots were distributed. Discussion. Vice Mayor VanDeventer said Council should vote yes or no to reappoint the Mayor. The City Clerk reported there were four no votes and a ballot with a candidate's name. Councilman Waters said the Mayor has to pick 1 another name from the list of candidates. Councilman Dalla said we have a 1 citizen member on this Board at the present time and it is important to have a I Council representative; he doesn't care who it is. Moved by Dalla, seconded by Cooper, a member of the City Council be appointed to this Board. Mayor Morgan said that motion is out of line. Mayor Morgan asked the City Clerk to read into the record an exerpt from the South Bay Irrigation District 1977 Water Revenue Bond Basic Legal Document. There was a delay and the Mayor had to repeat his request several times as Vice Mayor VanDeventer and City Attorney Eiser and others were talking at the same time. The City Clerk read into the record, Section 2, The Sweetwater Authority, Governing Board: "Two members of the Governing Board of the Sweetwater Authority shall be appointed by the Mayor, subject to confirmation by the City Council of National City. They shall be electors of National City at the time of assuming such offices and at all times during their terms of office. They shall serve four year terms. Any vacancy that occurs among the National City members of the Governing Board shall be filled by appointment by the Mayor, subject to confirmation by the City Council of National City." Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Discussion. PARK AND RECREATION ADVISORY BOARD Ballots were distributed. Vice Mayor VanDeventer said there will be three people appointed to full terms and one appointed to Mrs. Zarate's unexpired term. Discussion. The City Clerk reported that James Heinz received four votes; Marian Rutsch received four votes; Walter Popelar received four votes; Maria Lozano received two votes; Armando Castaneda received two votes. Moved by Cooper, seconded by Waters, the three incumbents (Heinz, Rutsch and Popelar) be recommended for reappointment. Carried by unanimous vote. Ballots were distributed to vote again for the appointment to the unexpired term. The City Clerk reported Ms. Lozano received two votes and Mr. Castaneda received three votes. Moved by Cooper, seconded by Waters, Mr. Castaneda be recommended to the Mayor for appointment to the Parks and Recreation Advisory Board. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. TRAFFIC SAFETY COMMITTEE Vice Mayor VanDeventer said there are three openings. Ballots were distributed. The City Clerk reported that each of the three incumbents (Roy Fierro, Alex Torres, Kathleen vanArum) received four votes. Moved by Waters, seconded by Cooper, the three incumbents be recommended to the Mayor for reappointment. Carried by unanimous vote. Moved by Waters, seconded by Dalla, Roy Fierro, Alex Torres and Kathleen vanArum be reappointed to the Traffic Safety Committee. Carried by unanimous vote. PRESENTATIONS Mayor Morgan presented a pin to Jesus Saavedra, in honor of his 35—years of service to the City, saying Mr. Saavedra has done a good job and the City appreciates it. Book 66/Page 179 1/14/86 Mayor Morgan called a recess at 7:51 p.m. Council reconvened at 7:58 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Vice Mayor Van Deventer said we still need to vote on the Student Planning Commissioner and the Street Tree and Parkway Committee. Moved by Dalla, seconded by Waters, Patricia De La Rosa be appointed as a Student Planning Commissioner. Carried by unanimous vote. STREET TREE AND PARKWAY COMMITTEE Moved by Cooper, seconded by Waters, Richard Aranda be appointed to the Street Tree and Parkway Committee. The City Clerk said since Mr. Castaneda (presently on the Street Tree and Parkway Committee) was appointed to to PRAB, he needs to be replaced. Vice Mayor Van Deventer requested that this be held over one week. PUBLIC ORAL COMMUNICATIONS TERRY PLUM, Bob Baker Chevrolet and Isuzu (formerly Lamb Chevrolet) was present and said they are planning to have Circus Vargas for their grand opening (January 24-27); they came down for a permit to put up some tents and banners and realized that it was a 30—day process; he is here tonight to request this be put on next week's agenda and to ask for favorable consideration. Moved by Waters, seconded by VanDeventer, in favor of this request. Discussion. Mr. Plum continued, the circus will not be on their facility, but there will be some some events on their property. Further discussion. Motion carried by unanimous vote. PUBLIC HEARINGS The PUBLIC HEARING on RECONSIDERATION of CONDITIONAL USE PERMIT to ALLOW the SALE OF BEER AND WINE as an incidental use to a convenience market at 1835 Highland Ave.; Applicant: Mike Dami (On December 3, 1985, Council scheduled a new hearing on Mr. Dami's application for CUP to allow the sale of beer and wine as an incidental use to a convenience market; this market was relocated from the City's Downtown Redevelopment Project Area to its present location in early 1985; the business sold beer and wine as an incidental use at its National City Blvd. location; on June 7, 1985 the Planning Commission denied this application based on a finding that the proposed sale of alcoholic beverages would have an adverse effect upon adjacent and abutting properties; Mr. Dami filed a tim ely appeal to this action; on August 6, 1985, Council held a public hearing on this appeal and denied the application; see Document No. 73253; staff concurs with the Planning Commission's denial) was held at this time. Planning Director Post said the original recommendation of denial remains unchanged. GLORIA MC LEAN (attorney representing Mr. Dami), 1740 Vacas Dr., El Cajon was present and said Mr. Dami has suffered a terrible economic Toss since being relocated; things are getting worse and he cannot continue to do business if he cannot sell beer and wine; she understands the concerns of the Police Dept., the concept of non — concentration of liquor stores in this City is a good one; she is asking Council to exercise its discretion to make the general laws do justice to the individuals whose circumstances are not those of the general public; Mr. Dami was working hard and making a good living; in good faith, he moved and started again; his receipts have been reduced to 10% of what they were at his previous location and he can't continue; Mr. Dami has done business in this City and his record says that he can operate without causing problems; he doesn't sell to the underaged buyer and he doesn't have problems with the ABC; if this changes, Council has the power to revoke the CUP. Discussion. Councilman Dalla said everyone thinks policy is good until it applies to them and then it should be an exception; if the business is sold later, the next owner might not be as reputable; Mr. Dami's previous location was in a saturated area; Council approved his license to sell beer and wine, but Mr. Dami was a tenant and the place he was occupying was scheduled to be acquired by the CDC; if that was not known to him when he leased the property, it was made known to him when he applied for the liquor license; he was relocated and received relocation payments; he (Mr. Dalla) talked to Mr. Dami before he moved into the new location and Mr. Dami was clear in his assessment that it would be Book 66/Page 180 1/14/86 difficult to make a go of it if he did not have liquor; he (Mr. Dalla) advised Mr. Dami that since he had some problems, perhaps he should not reopen; apparently Mr. Dami chose to disregard that advice. Further discussion. Mrs. McLean continued, Mr. Dam Ps figures indicate that his gross receipts declined between $6,000 and $11,000/month; Mr. Dami should not be considered differently, but he was told to relocate in the public's interest, and anyone in that position, and who has not been a police problem should be treated that way; there are very few people in that category. Further discussion. Vice Mayor Van Deventer said he didn't think it would be good to turn Highland Ave. into the liquor capital of the world. Councilman Waters said Mr. Dami was on National City Blvd. for some time; he had no police problems in one of the most saturated areas this City has ever had; when he was asked to move, he was very cooperative; Mr. Dami is being penalized because the Police report says people might go next door to der Wienerschnitzel to drink their beer; if that happened der Wienerschnitzel would be in violation; we have not turned down any convenience markets in this City unless they were too close to a church or school; Mr. Dami is a fine individual and he is trying to do right and he would support this application. Councilman Cooper said he feels Mr. Dami was wronged at the last hearing; he feels like we did him an injustice; if this license will help him make a living — people will buy beer no matter where they buy it; this will not increase the total sale of beer and wine in the City; he is in favor of approving this CUP. No one else was present to speak in this regard. Moved by Cooper. seconded by Waters, the Public Hearing be closed and the CUP be approved subject to staff's conditions. Motion failed by the following vote, to —wit: Ayes: Cooper, Waters. Nays: Dalla, VanDeventer. Abstaining: Morgan. The PUBLIC HEARING on APPLICATION for CONDITIONAL USE PERMIT 1985-22 for a 29,232 SQ. FT. RETAIL SHOPPING CENTER at 520 E. 8th St., Applicant: Fred Finberg (Council appealed Planning Com mission's approval of the proposed retail center in order to review the impacts from traffic that could result from the proposed project; the Planning Com mission had conditioned its approval of the project with a traffic study and completion of mitigation measures to staff's approval; the Planning Dept. had identified potential traffic impacts in the initial study prepared to address environmental effects of the project; a traffic study has been prepared by Willdan Assoc.; the study identifies a change from level of service B to C on 8th St., east of E Ave., but notes that the resulting level of service is considered acceptable; the study also indicates no warrant for a traffic signal at 8th & E, but does note expected delays on E St. at the intersection due to peak hour cross traffic; the study recommends that landscaping adjacent to driveways be designed to maintain sight distance, that left turns be signed to restrict left turn exits onto 8th St., and that 8th St. be restriped to prohibit left turn access to the project; the Planning Commission approved the project with am ended conditions of approval based on the conclusions of the traffic study and staff concurs) was held at this time. Planning Director Post said the Planning Commission recommends approval and staff concurs. ROXANNA RAPOZO (representing Stephen Dale, Principal, Central School), 911 E. 7th St., was present and distributed copies of Mr. Dale's letter expressing concern over anticipated adverse impacts of the project on the adjacent Central School. Ms. Rapozo said she agrees with Mr. Dale, and read the letter into the record (See Document No. 73254). FRED FINBERG, 4746 63rd, San Diego, was present and said he is the owner and developer of the property; there are walls at the rear of the property, behind the proposed buildings which should eliminate noise to the school; they were asked to move the building over to allow landscaping behind the building; he doesn't see how the noise will be a problem; there will not be any loading or off—loading next to the school because there won't be enough room. Discussion. Councilman Cooper said Mr. Dale is concerned about the traffic; the traffic study indicates there won't be a great amount of traffic on "E" Ave., but he doesn't believe that; even though there will be "right turn only" coming out of the shopping center on 8th St., there will be a lot of people who will find it easier to go down "E" Ave. to Plaza. Mr. Finberg said the survey indicates the traffic would be much less than the County standards. Councilman Cooper said the report indicates the shopping center would increase traffic. Discussion. Councilman Cooper said Mr. Finberg would be building a shopping center about a block and a half from another shopping center; the City is getting too many shopping centers. Further discussion. Moved by Waters, seconded by VanDeventer, this be held over one week and staff work with Mr. Finberg and his traffic engineer on the ingress and egress so that it will be in agreement with the School District. Councilman Waters complimented Mr. Finberg on the design saying he would like to see more buildings in the Victorian or Colonial style. Discussion. Motion carried by unanimous vote. Book 66/Page 181 1/14/86 The PUBLIC HEARING on PROPOSED AMENDMENT to TITLE 18 (ZONING) of the National City Municipal Code to ESTABLISH REGULATIONS for AUTOMOTIVE AND TRUCK REPAIR ESTABLISHMENTS and other uses located within MANUFACTURING AND INDUSTRIAL ZONES, A-6-85 (On November 12, 1985, pursuant to the Municipal Code, Council took action to initiate this amendment to the Land Use Code and referred the matter to the Planning Com mission for public hearing; on December 16, 1985, the Planning Commission held a public hearing on this amendment and took action to approve the amendment and recommend to Council that Title 18 [Zoning] be amended; see Document No. 73256; the Planning Commission recommended adoption of the proposed Code Amendments and staff concurs) was held at this time. Mayor Morgan said he has not had time to study this; he will not vote on it because he doesn't know enough about it. Councilman Dalla said Mr. Cooper has indicated in the past that he could not participate because he had a conflict; his understanding is that possibly the Mayor and Mr. Van Deventer have a conflict; in order for us to get that all taken care of, we should refer it to the City Attorney and have him contact the FPPC, and look over property holdings and the issue that we're talking about, and clarify and come back; he thinks they have a certain number of days that they have to do that; in the meantime Mr. Post can explain what it is all about, and continue this until the second week in March; he (Mr. Dalla) doesn't have a conflict; he's not worried, but there are three people up here that should get that clarified; that is a motion. Seconded by Cooper. Discussion. City Attorney Eiser said he can prepare a letter and set forth the facts as far as the proposed action, and also regarding the property interests of the Mayor and the various Council members, and we can get a definite response from the FPPC. Further discussion. Motion carried by unanimous vote. Mayor Morgan called a recess at 8:57 p.m. Council reconvened at 9:02 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: None. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,848 through 14,851) Moved by Van Deventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Morgan requested that Resolutions Nos. 14,848, 14,849 and 14,850 be considered separately. Moved by Waters, seconded by Cooper, the Consent Resolutions (except 14,848, 14,849 and 14,850 be adopted. Carried by unanimous vote. Resolution No. 14,851, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR DRAINAGE PURPOSES FROM SWEETWATER NORTH, A GENERAL PARTNERSHIP (SWEETWATER ROAD & PROSPECT STREET)." See Consent Resolutions above. Resolution No. 14,848, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS." Discussion. Moved by Van Deventer, seconded by Cooper, Resolution No. 14,848 be adopted. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,849, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR DRAINAGE IMPROVEMENT OF VARIOUS LOCATIONS IN NATIONAL CITY (ENGINEERING SPECIFICATION NO. 960)." Discussion. Moved by Van Deventer, seconded by Cooper, Resolution No. 14,849 be adopted. Carried by unanimous vote. Resolution No. 14,850, "RESOLUTION ESTABLISHING A SALARY RANGE FOR THE NEW CLASSIFICATION OF SENIOR CONSTRUCTION INSPECTOR." Discussion. City Manager McCabe said this is a reclassification of a position that was approved in the current budget and is just now being accomplished by the Civil Service Commission. Moved by VanDeventer, seconded by Cooper, Resolution No. 14,850 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Book 66/Page 182 1/14/86 NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 28, dated January 7, 1986, in the amount of $200,315.06 (Warrants Nos. 90533 through 90595), and CERTIFICATION of PAYROLL for the period ending December 31, 1985, in the amount of $305,883.30 was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Vice Mayor VanDeventer said he would abstain on Warrant No. 90565. Mayor Morgan said he would vote in favor of the payroll, but against the bills. Warrants (except Warrant No. 90565) ratified by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Warrant No. 90565 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Waters. Nays: Morgan. Abstaining: Van Deventer. Payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters, Morgan. Nays: None. The application for TYPE 20, PERSON TRANSFER, OFF —SALE BEER AND WINE LICENSE of Adel H. Somo, Aziz H. Somo and Samir H. Somo, dba RED BIRD MARKET, 2035 Highland Ave. (Police, Planning and Building Departments state no grounds for objection) was presented. Discussion. Councilman Waters said the Red Bird Market has been a pain to the City, but the Police Dept. indicates no grounds for objection; he would like to see a full report on the Red Bird Market. Moved by Van Deventer, seconded by Dalla, in favor of this request. DAVID WIGNALL, 2819 E. 11th St., was present and said he is well aware of this market and stays away from it; he has a 13—year old daughter and he doesn't want her around the market; the operation is shoddy at best, and he is offended by it; if there is any possible way they could have their business license removed, he would be leading the band. Discussion. Councilman Cooper said there is no reason Council has to approve this transfer. City Attorney Eiser said he would suggest Council give a reason; this is a paper transfer; the way to approach it if they are in violation is to bring it to the attention of ABC and the Police Dept. Councilman Waters said we should let them know how we feel about their operation. Further discussion. Councilman Dalla said the law controls liquor; we can do certain things if we have certain grounds; he is not against voting them down just to show them we are not happy, but if we start doing that on every one, they will not pay attention to us when we have legitimate grounds. Further discussion. Moved by VanDeventer, seconded by Cooper, we deny this application because there is no reason for it; the original name will still be on the license. Discussion re the necessity for a C UP. Motion carried by the following vote, to — wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Discussion. Moved by Cooper, seconded by VanDeventer, the Planning Director and the City Attorney explore the possibility of a CUP and come back next week with a report. Carried by unanimous vote. The application for TYPE 21, PERSON TRANSFER, OFF —SALE GENERAL LIQUOR LICENSE of Adel H. Somo, Aziz H. Somo and Samir H. Somo, dba HI—BEV LIQUOR, 2111 Highland Ave. (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by VanDeventer, seconded by Waters, this be denied because there is no reason for it; the original name will still be on the license; and this be referred to staff. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The application for TYPE 40, PERSON TRANSFER, ON —SALE BEER LICENSE of Partheniz T. Moran, dba TERRY'S CREW INN, 2439 National City Blvd. (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Waters, seconded by Cooper, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The application for TYPE 47, PREMISES TRANSFER, ON —SALE GENERAL LIQUOR LICENSE of The Crystal Caravan Co., James M. Shibel, sole officer, dba LA MISSION, 2200 Highland Ave. (The Building Dept. states no grounds for objection; the Planning Dept. recommends this license be protested until such time as a CUP is processed and approved; the Police Dept. protests this license because it is their understanding that it is the intent of the applicants to modify the building interior and to request modification of the existing CUP; Police Dept. staff met with the applicant and discussed the possibility of some changes in existing conditions, but at present there has been no application with regard to proposed changes in conditions; the proposed changes in the conditions could have an adverse Book 66/Page 183 1/14/86 impact on police service) was presented. Moved by Van Deventer, seconded by Dalla, in favor of the conditions of the Police Dept. and the Planning Dept. attached. Discussion. City Manager McCabe said the Police Dept. wrote a letter to the ABC protesting the request for this license; there has been no application to the Planning Dept. with regard to changing the conditions of the use. Further discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. PLANNING COMMISSION — NOTICE OF DECISION Planning Commission Resolution No. 59-85, ZONE VARIANCE to ALLOW the CONSTRUCTION of a five—foot high RETAINING WALL on the property line at the NE corner of 12th St. and "R" Ave. (1831 E. 12th St.), Case File No. Z-7-85; Applicant: Leslie & Roberta Jean Tigh (...involves the construction of a 5' retaining wall along the southern and western property lines abutting 12th St. and "R" Ave.; the site is located at the corner of 12th St. and "R" Ave.; the Land Use Code limits the height of walls and fences within 15' of a corner to a maximum of 3'; within the front yard setback and exterior side yard setback, a fence is limited to a maximum height of 4'; the wall is being constructed to protect the existing slope that is eroding...on December 14, the Planning Com mission approved the application subject to four conditions, including trimming the trees so they do not obscure vision for traffic at the intersection; no one was present at the Planning Commission hearing to protest; staff concurs with the Planning Commission's approval) was presented. Moved by Waters, seconded by VanDeventer, this be approved. Carried by unanimous vote. OTHER BUSINESS The Asst. City Manager's ANNUAL STATUS REPORT on CABLE TELEVISION SYSTEM OPERATIONS and FRANCHISE COMPLIANCE (In March, 1985, Council took two actions relating to the future of cable television service in the City; one such action was to approve renewal of the franchise between the City and Cox Cable and the other was to adopt a new Code Chapter; these latter regulations govern all cable operations within the City; one of the sections of this Chapter requires the grantee [ Cox 1 to file in December of each year, an annual status report on compliance with the provisions of the above referenced section and the franchise ordinance; see Document No. 73268) was presented. Moved by Van Deventer, seconded by Waters, this be received and filed. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR Mayor Morgan inquired about the size of drain going in under Euclid Ave. City Engineer Stafford said he would have to check and he will have the information for the Mayor tomorrow. Mayor Morgan said if it is cut down from the size that is under Grove, he wants his name taken off the contract. CITY COUNCIL Councilman Waters inquired about the flag on National between 7th & 8th and inquired if a permit was issued. Planning Director Post advised Mr. Waters it was the Chamber of Commerce flag for the Centennial, and there was no City authority; he has discussed the matter with Mr. Webster and he has agreed to come in for a permit. Mr. Waters said Mr. Webster should be advised the City's colors are purple and white, not red, yellow and blue; the Chamber was supposed to study the flags and come back to Council; they should go through the proper channels. Councilman Waters inquired about the adult book store, saying we are getting ready to move them off of National City Blvd.; he has heard rumors that this business is now trying to find a new location on 8th St. and inquired where they are allowed to go. Planning Director Post said there are very few locations in National City where they can relocate; there are severe restrictions; he is aware they are looking at 8th St.; they will have to come before Council and will require a CUP. Councilman Dalla said in the last budget, we considered whether we should hire another Code Conformance Officer and we settled on some sort of half time Book 66/Page 184 1 /14/86 position; he thinks we need more than a half—time position. Moved by Dalla, seconded by Cooper, this be put on next week's agenda. Carried by unanimous vote. Moved by Dalla, seconded by Cooper, we adopt as policy, any temporary help hired in the Mayor/Council offices be approved by the City Council before they are hired. Lengthy discussion. City Manager McCabe outlined the procedure for hiring temporary employees. Vice Mayor Van Deventer said he would like the City Manager to bring back a report. Motion carried by unanimous vote. ADJOURNMENT Moved by Dalla, seconded by Cooper, the meeting be adjourned to 4:00 p.m., January 21, 1986. Carried by unanimous vote. The meeting closed at 9:43 p.m. The foregoing minutes were approved at the regular meeting of January 28, 1986. Corrections No corrections MAYO CITY OF NATIONAL CITY, CALIFORNIA