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HomeMy WebLinkAbout1985 02-12 CC MINBook 65/Page 126 2/12/85 MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA 1Z FEBRUARY f, 1985 The adjourned meeting of the City Council of the City of National City was called to order at 7:oo p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, McCabe, Post, Stafford, Interim City Attorney Tobin. 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. J. Thomas Taylor, First United Methodist Church. APPROVAL OF MINUTES Moved by Waters, seconded by Cooper, the minutes of the regular meeting of February 5, 1985 be adopted. Carried by unanimous vote. PROCLAMATION Moved by Van Deventer, seconded by Dalia, the Proclamation be read by title only. Carried by unanimous vote. The Proclamation of "BROTHERHOOD/SISTERHOOD WEEK" — February 17-23, 1985 was read by title. Moved by VanDeventer, seconded by Dalla, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Dennis Hart, Regional Director, National Conference of Christians and J ews. APPOINTMENTS Vice Mayor Waters announced that interviews for applicants for Committees would be held on February 26 at 6:00 p.m. PUBLIC ORAL COMMUNICATIONS Mayor Morgan announced this was a holiday, and under the laws of California, Council would not be able to take any action on the Agenda items; if anyone wished to be heard, Council could listen, but could not take any actiion. WARREN NEILSEN, 3885 Birch St., San Diego, was present and spoke re Rte. 252. Discussion. Mr. Neilsen was advised he should attend the SANDAG meeting this Friday; the City Clerk will advise him of the time and place. ED BODGE, 1315 E. 1st St., was present and requested that Council approve the three resolutions re the crosswalk between Morgan Towers and the Boys' Club; the Senior Citizens walk slowly across 'D' Ave. and a crosswalk is needed; he has discussed this with the Traffic Safety Committee, the Director of the Boys' Club, the Police Dept., Morgan Towers Council, and the Park and Recreation Advisory Board, and they all seem to be in favor. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of the Planning Commission's DENIAL of CONDITIONAL USE PERMIT NO. 1984-31 at 2540 E. 18th St., Applicant: Sabah T. Mansour (...involves adding the sale of distilled spirits to a market that is presently licensed to sell beer and wine; the sale of beer and wine was established prior to the City's requirement for issuance of a CUP and is therefore classified as a lawful non —conforming use; existing land use within the immediate area consists of single family residential to the south [both sides of Lanoitan Ave. except at the SE corner of 18th & Lanoitan, which is a produce store ] , a church immediately to the west and a vacant building and residential use across 18th St. to the north; within 1500' of subject premises there are two elementary schools, one junior high school, and a liquor store which is located at the NE corner of 18th & Lanoitan, across the street from the subject market; Combined Zoning and General Plan designation of this property is Com mercial—Limited, a neighborhood type commercial zoning; at the Planning Commission hearing, testimony in favor and against the approval of this CUP was presented; the Planning Com mission based their denial on existing land use within Book 65/Page 127 2/12/85 the immediate area and the effect the sale of additional alcohol would have on adjacent properties; if Council takes action to approve this CUP, the motion should include a certification that any project impacts are found not to be significant and that a negative declaration be issued; staff would suggest the following conditions of approval: 1. Business hours shalt be limited to 6:00 a.m. to 10:00 p.m., Monday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday, Saturday and Sunday; 2. Display of bottled spirits shall be limited to a shelf area measuring 18" in width by 24' in length, not more than 5' in height, and shall not be accessible to the public; 3. Before this C UP shall become effective, the applicant shall file a written statement with the Planning Dept., acknowledging and accepting all conditions imposed upon the approval of the permit; 4. Remove abandoned driveway on Lanoitan Ave.; 5. Solid graffiti shall be removed from exterior surface of building; 6. Solid wood gates shall be installed on masonry trash enclosure) was called at this time. Planning Director Post said the Planning Com mission recom mends denial. BOB HENSON (Pastor, Calvary Baptist Church), 2432 E. 18th St., was present and said they are asking that this CUP be denied; their building that is closest to this business is only 5' away; there are nine liquor stores within a one —mile radius; there are a lot of children in the neighborhood; they are always cleaning up beer and wine bottles from their parking lot; they are against liquor; they submitted a signed petition to the Planning Commission protesting this CUP; Calvary Baptist Church is against this liquor license. Planning Director Post said a petition was submitted with 152 signatures in favor of this license and a petition was submitted with 145 signatures opposing this license. Vice Mayor Waters said the petition submitted by Mr. Mansour contains names, addresses and phone numbers, and every one of them are residents of National City; the petition was done correctly; the petition submitted by the church only lists names; there are no addresses or phone numbers to determine if these people live in the City. Pastor Henson said the petition is from the church and all of their members do not live in National City. Discussion. Councilman Dalla inquired if the church had ever protested any of the other liquor licenses in the area. Pastor Henson replied, yes, but not since he has been the pastor there. Further discussion. Vice Mayor Waters said most grocery stores sell liquor, beer and wine for consumption off the premises; the business in question is really a grocery store, not a liquor store. Pastor Henson replied people drink in their parking lot and leave their cans and bottles around. Councilman Cooper inquired how far the store is from the building they worship in. Pastor Henson replied 100'. Councilman Cooper said the grocery store was there when the church bought the property. Pastor Henson replied he was aware of that, but they only sold beer and wine, no hard liquor. SABAH MANSOUR (store owner), 2540 E. 18th St., was present and said he wants to be fair; there is a liquor store across the street; if people don't buy liquor from him (Mansour), they will buy it across the street; the empty bottles and cans do not come from his store; kids drink and throw the cans in the parking lot, but that doesn't mean it comes from his store; one woman who protested this license has withdrawn her protest. Further discussion. Councilman Van Deventer said issuance of this license would not alter the litter problem, and inquired why the previous owner of the store sold his liquor license. Mr. Mansour replied, at that time, the liquor license was worth $50,000; the previous owner paid $6,000 for the license and sold it for a profit; he is not against the church; he has no problems with the people around his store; they were willing to sign his petition. Further discussion. Mr. Mansour said the petition was in his store; he told people they could sign only if they lived within 300'. BRUCE GINDLEBERGER, 1829 Lanoitan, was present and said he signed the petition for Mr. Mansour because he patronizes the store 4-5 times a week to buy milk etc.; the store carries most of the things he and his neighbors need; he worries that small stores like this one will go out of business because they have to compete with the larger chain stores; the store is a convenience to him and he likes having it there; the store across the street is a liquor store; Mr. Mansour's store is a grocery store and adds a great deal to the community; most of his neighbors patronize the store as well. Further discussion. MIKE HENSON was present and said he is an employee of Calvary Baptist Church; when he first started working at the church, he used to go to Mr. Mansour's store as a convenience; since Mr. Mansour has owned the store, there are no prices marked on anything and pricing is inconsistent; customers do not receive proper change. Interim City Attorney Tobin said this whole area would be preempted by the State; it should be taken up with the Consumer Affairs Dept. Further discussion. ENIC BOWLES, 824 Rachel, was present and said he joined Calvary Baptist Church in 1962, and if that store has ever had a liquor license, it is unbeknownst to him; he does not like his wife or niece to walk in that area; we should try and clean up the neighborhood; the liquor store across the street was there when the church bought the property; they are opposed to liquor, especially around their children and womenfolks. MARK REYNOLDS (Associate Pastor, Calvary Book 65/Page 128 2/12/85 Baptist Church) was present and said there is a place in the community for the type of place that sells convenience items; the church is not just interested in their membership, but in the community as well; they have spent a lot of money to upgrade their property; they have worked with the Planning Com mission, the City Council and the Mayor; they have youth activities every weekend; there is no need for another liquor store in the neighborhood; they are not really against Mr. Mansour, but they are trying to upgrade the community; they are asking that this permit be denied because it would be a detriment to the community. Councilman Cooper said Mr. Mansour already has a license to sell beer and wine, and inquired how allowing him to sell hard liquor could cause more harm; people are not as apt to drink whiskey on the property as they are beer and wine; they are not serving liquor, they are selling it; there is a difference. SEINA DESMOND, 2415 E. 20th St., was present and said that area is starting to improve; a few years ago there were teenage gangs who drank and stabbed each other; bringing in more liquor will create more problems; she and her husband have four children and they do not want alcohol around their neighborhood; people who have businesses in National City do not care about the City; they are only interested in making money; we do not need any more liquor licenses in the City. , 2505 E. 18th St., was present and said he has made a wreck of his life because of alcohol; he has two young children at home to think about; several months ago he stopped by the liquor store across the street and a gang tried to start a fight with him and threatened his life; he will not support anyone who will cause anybody any harm through liquor or anything that alters the mind; he is tired of his family being harrassed by drunks, and cleaning up the mess they leave. ADOPTION OF RESOLUTIONS Resolution No. 14,540, "Resolution of the City Council of the City of National City authorizing appropriation and transfer of funds for the Sewer Division." No action taken. Resolution No. 14,541, "Resolution initiating the requirement for a specific plan in accordance with California Government Code Sections 65450 through 65552 for approximately 30 Acres of property located south of the South Bay Freeway, North of Lomacitas Lane." No action taken. Resolution No. 14,542, "Resolution authorizing Waiver of Bidding Requirements and Award to San Diego Alarm Company for improvements to the Library burglar alarm system." No action taken. Resolution No. 14.543, "Resolution superseding Resolution No. 14,527 and accepting a permanent easement for drainage purposes from Milgen Investment Company (A PM 558-170-15)." No action taken. Resolution No. 14,544, "Resolution accepting conveyance of property for street purposes, 521 E. 8th St. (The Parish of St. Matthew)." No action taken. Resolution No. 14,545, "Resolution naming and dedicating 8th Street, 521 E. 8th St. (The Parish of St. Matthew)." No action taken. Resolution No. 14,546, "Resolution accepting conveyance of property for street purposes, 431 N. Highland (Azar)." No action taken. Resolution No. 14,547, "Resolution naming and dedicating Delta Street, 431 N. Highland (Azar)." No action taken. Resolution No. 14,548, "Resolution authorizing the City Engineer to execute an Improvement Agreement with the San Diego & Arizona Eastern Railway to reconstruct the pavement within their R/W from Civic Center Drive to 24th Street along Cleveland Avenue." No action taken. Resolution No. 14,549, "Morgan Towers Crosswalk — Resolution establishing a reduction in speed limit on the west side of "D" Avenue in the 1400 block from 30 MPH to 25 MPH." No action taken. Resolution No. 14,550, "Morgan Towers Crosswalk — Resolution establishing 'Senior Citizens Crosswalk Ahead' sign on the east side of 'D' Avenue at the top of the hill and south of Morgan Towers." No action taken. Book 65/Page 129 2/12/85 Resolution No. 14,551, "Morgan Towers Crosswalk — Resolution to install painted crosswalk with hatch marks south of the driveway from Morgan Towers." No action taken. Resolution No. 14,552, "Resolution authorizing the renewal of contract for employment examinations." No action taken. NEW BUSINESS WARRANT REGISTER NO. 32, Ratification of Demands in the Amount of $155,275.07, and Certification of Payroll in the Amount of $289,661.24. No action taken. CLAIMS FOR DAMAGES Application for Leave to Present Late Claim — Anthony Edward Armijo-; Application for Leave to Present Late Claim — Christopher Michael Armijo; Application for Leave to File Amended Claim — Pauline J. Harless. No action taken. OTHER BUSINESS Application for off —sale beer and wine license (Type 20) of SMART & FINAL IRIS CORP., which authorizes the sale of beer and wine for consumption off the premises where sold, 1940 National City Blvd. No action taken. Application for person transfer of on —sale beer and wine license (Type 41) of Vera O. Curtis, Terrence J. Wallock and Carol A. Campbell, dba DENNY'S, which authorizes the sale of beer and wine for consumption on a bona fide public eating place type premises plus the sale of beer and wine for consumption off the premises where sold, 424 W. 24th Street. No action taken. Application for person transfer of on —sale general eating place license (Type 47) of Vern O. Curtis, Terrence J. Wallock and Carol A. Campbell, dba DENNY'S, which authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide public eating place type premises plus the sale of beer and wine only for consumption off the premises where sold, 1905 Sweetwater Road. No action taken. Award of Bid G.S. 8485-9 National City Library Furniture Refinishing. No action taken. WRITTEN COMMUNICATIONS Request for use of Kimball Com munity Building on a Sunday, by a San Diego Group. No action taken. Annual Financial Report of the City of National City. No action taken. The Asst. City Manager's ANNUAL STATUS REPORT on CABLE TELEVISION SYSTEM OPERATIONS and FRANCHISE COMPLIANCE submitted by Cox Cable, San Diego (In March, 1984, 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, San Diego, and the other was to adopt a new Municipal Code Chapter 6.10, "Cable Television"; these latter regulations govern all cable operations within the City; one of the sections of this Chapter, Section 6.10.170, "Technological Developments", requires Cox Cable 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; the purpose of this report is to transmit the annual report filed by Cox Cable to Council for review, information and official filing, and to provide, where appropriate, additional staff comments; staff recommends the report be received and filed) was presented. Moved by Waters, seconded by Van Deventer, this be received and filed. Carried by unanimous vote. The Administrative Assistant's request for PROPOSAL for PUBLIC RELATIONS CONSULTANT (Council has approved and budgeted funds [$1 5,000 ] for the retention of a public relations consultant to work with staff to promote the City and its approval prior to soliciting responses; the use of the public relations consultant will assist staff in getting the City's Public Relations Program started in a structured, professional manner; Request for Proposal will be sent to twelve local public relations firms that were chosen from July, 1984 Communication Magazine, based on a listing of their clients and size of the agency; in addition, the RFP will be sent to the two Book 65/Page 130 2/12/85 agencies that have specifically requested to be sent copies of the RFP, as well as any agencies that may call to make similar requests; in contract, the City of Chula Vista originally sent a similar RFP to only the top five agencies; upon receipt of the proposals, a Review Committee, comprised of Asst. City Manager Bolint, Admin. Asst. Adams, Fire Chief Kimble, and an at large member chosen by the Chamber of Commerce, will survey the proposal and return to Council with a recommendation for award of a contract; the proposed contract, which would expire in September, 1985, could be renewed without the need for the City to re —solicit proposals at that time if Council desired to continue the program with outside assistance; it is expected, however, that the guidance and expertise gained from the chosen agency would enable staff to continue the Public Relations Program in—house; staff recommends approval) was presented. Moved by Van Deventer, seconded by Cooper, we move forward to give the City Manager direction. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Waters, Morgan. The Police Chief's request to ENTER INTO THREE—YEAR LEASE CONTRACT for OFFICE SPACE for Police Department (Due to an extreme need for additional office space in the Police Dept., it was proposed in early 1984 that we lease space in a nearby office complex; that proposal was denied, but Council authorized the hiring of an architect to evaluate the need for additional office space in the entire Civic Center building; the study has been completed) was presented. Moved by Van Deventer, seconded by Waters, we give staff direction to move forward. Carried by unanimous vote. The Engineering Department's request for MEETING of the REAL ESTATE COMMITTEE (The Real Estate Committee needs to determine what, if any, action to take on nine City —owned parcels) was presented. Vice Mayor Waters called a meeting of the Real Estate Committee for February 26, after 7:00 p.m. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF Police Chief Hart requested action on Item 26; he will negotiate the lease and bring it back to Council. (See Page 130, Para. 2). MAYOR Mayor Morgan said he can see some real division in the Council; we are moving into something that will be very expensive for the people of National City; it will run between $3-8 million; he thinks we should put the matter of the new Police Station or Civic Center on the ballot —the location and which one we should build —a new police station or a new City Hall; the people should make that decision. Moved by Morgan, seconded by Waters, we put this on the ballot for the next election. Councilman Cooper asked the Mayor to define the division of the Council; this item was only discussed briefly yesterday; he feels the people elected the City Council to make the decisions for the City; he does not believe there is a division that cannot be overcome. Councilman Van Deventer said we did something similar in last November's election and that issue (Downtown Redevelopment or Seniors High —Rise) should not have been on the ballot; he cannot support this motion; no one is going to vote to spend $8 million for a new police station. Discussion. Councilman Dalla said discussing these issues does not constitute a division of the Council. Councilman Van Deventer said no one said we have to put out all the money now; we put aside money each year for a gym, and we could do the same thing for a new police station. Vice Mayor Waters said the Seniors High Rise and Downtown Redevelopment were voted on by the people three times; this would be the first time the police station would be on a ballot. Further discussion. Councilman Dalla said the Mayor was against the space study; we could have had the consultant review this question at the same time. Mayor Morgan said he thinks the record will show that he voted for the study. Further discussion. Motion failed by the following vote, to —wit: Ayes: Waters, Morgan. Nays: Cooper, Dalla, Van Deventer. Interim City Attorney Tobin advised this meeting, continued from time to time from February 5, should be adjourned and the City Clerk post an announcement that the regular meeting of February 12 will be held tomorrow night (February 13), and if it appears there is no quorum, the Clerk should adjourn the meeting to 4:00 p.m., Tuesday, February 19; the same is true for the Community Development Commission meeting. Executive Director Peterson, CDC, deputized the City Clerk to adjourn the Book 65/Page 131 2/12/85 CDC meeting if necessary. Moved by Morgan, seconded by Waters, in favor of the Interim City Attorneys recom mendation. Carried by unanimous vote. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., Wednesday, February 13, 1985. Carried by unanimous vote. The meeting closed at 8:18p.m. The foregoing minutes were approved at the regular meeting of February 19, 1985. Corrections No corraelions MAY CITY OF NATIONAL CITY, CALIFORNIA