HomeMy WebLinkAbout1985 08-06 CC MINBook 66/Page 25
8/6/85
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
AUGUST 6, 1985
The regular meeting of the City Council of the City of National City was called to
order at 4:00 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 Chaplain Ward, Paradise Valley Hospital.
APPROVAL OF MINUTES
Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of
July 23, 1985 be approved. Carried by unanimous vote.
PROCLAMATION
Moved by VanDeventer, seconded by Dalla, the Proclamation be read by title only.
Carried by unanimous vote.
The Mayor's proposed Proclamation of "SOCIAL SECURITY DAY" — August 14, 1985
was presented. Moved by Van Deventer, seconded by Cooper, in favor of this
Proclamation. Carried by unanimous vote. Mayor Morgan presented the
Proclamation to a representative of the Social Security Administration, who invited
Council to an Open House on August 15 at 415 N. Euclid.
APPOINTMENTS
The Mayor's proposed appointments of Ms. Deborah Canedo (to fill Mrs. Baker's
unexpired term) and Mr. Michael Paul Boss (for a full term) to the Library Board
of Trustees were presented. Moved by Van Deventer, seconded by Waters, in favor
of these appointments. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
ELIAS RODRIGUEZ (Citizens Action League), 1440 "I" Ave., was present and
inquired what the City planned to do about the 1300 barrels of toxic waste Nelco
Oil has stored below 1-5. Fire Chief Kimble said Nelco asked for an injunction not
to be required to remove the barrels; the injunction expired July 31; on July 30,
they were in court and asked for a six—month extension; the judge was not pleased
with their performance and granted them a 90—day extension, their case to be
reviewed in 30 days; if the Court is not in agreement with their performance
during the 30 days, they will not receive the 90—day continuance. Mr. Rodriguez
continued, they would like to know what the City is doing; 13 of the barrels were
found to have PCB's, cancer causing agents; the City Council should have been at
the hearing; the CAL is working on the Chatham dump site in Escondido and it will
cost $2 million to clean it up; they are afraid the same thing will happen in
National City; this is a real health hazard. Mayor Morgan said we cannot run
ahead of the judge; the judge gave them tim e and there is no way we can run
ahead of that. Discussion. Fire Chief Kimble continued, he represented the City
at the hearing; his presence was known, but he was not asked to testify; State Law
preempts City Law; the City is very concerned about this problem; he has been
monitoring this closely; it was not until July 19 that he learned of the PCB. Mr.
Rodriguez said if there was a fire there, they would have to close 1-5 totally; the
fumes from this toxic waste can cause problems and Mr. Rodriguez inquired if
there is any data about people in the area getting sick from the fumes; if the
Court finds against them, they can declare bankruptcy; the matter will be placed
on the Super —Fund list and the City will have to wait years. Mayor Morgan said
the Council and staff are concerned; the court is on our side and has issued an
order. Further discussion. Mr. Rodriguez continued, the drums are leaking and
there are no warning signs posted. Fire Chief Kimble said the drums are leaking,
the area is not properly fenced and there are no placards up; he believes the Court
will review Nelco's activities on August 28; he will advise the County Health Dept.
to conduct an investigation. Further discussion. PERLA MEDINA, 331 Civic
Center Dr., was present to express her concern about this toxic waste and urged
Council to take action and resolve this problem. EDDIE PEREZ was present and
said his grandmother lives on the West side and he would like to thank Mr.
i
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Rodriguez for his concern. GUADALUPE CRUZ was present and said she and her
neighbors have found acidic chemicals in their yards; people have knocked on their
doors and asked them to leave their homes; she would like Council to meet with
Nelco and tell them to clean up the mess; signs should be put up in English and
Spanish immediately; leaflets could be distributed; the people would appreciate the
City's concern.
CARMEN HERNANDEZ, National City Pony Baseball, was present and said the
Pony League is hosting a zone level tournament for the All Stars, and asked if the
City would lend them $500, to be paid back on August 13. Discussion. Moved by
Waters, seconded by Van Deventer, in favor of this request. Discussion. Carried by
unanimous vote. Ms. Hernandez invited Council to attend the tournament.
Councilman Waters spoke again of the Nelco property on the West side, saying the
Planning Staff went down there several times to clean it up. Planning Director
Post said there have been a number of complaints about the property over the past
few months. Mr. Waters continued, he wants the CAL to know that staff has been
down there several times to clean up the West side; they are concerned about the
way things are developing on the West side.
ROGER HUMPHREY, President, Nelco, was present and said the material stored is
not as hazardous as indicated; they have used that material as part of their process
since 1936, and to his knowledge, no one has become ill from it; in the past they
have disposed of this material at the Otay Land Fill; when they closed that land
fill site, they were forced to haul it to a Class 1 dump which threatened to put
them out of business because of the cost involved; they developed a process to
convert the material from a waste material to useful products such as sulphate of
ammonia and a product like soft coal; they immediately stopped taking the material
to the land fill. Discussion. Fire Chief Kimble said there was a fire at Nelco in
June, 1983 and their machine that converts the sludge material into fertilizer was
destroyed; the County Health Dept. was notified to conduct an investigation and
they discovered it was only an acid sludge; no one was aware of the fact that
PCB's were in the material; only 17 barrels have been tested, and five of them
contain PCB's; the PCB's were brought to his attention in July. Further discussion.
Councilman Cooper presented a check for $800 to Police Chief Hart for the Police
Reserves, on behalf of the Lions Club.
PUBLIC HEARINGS
The CONTINUED PUBLIC HEARING on APPEAL of the PLANNING COMMISSION'S
DENIAL 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; CUP-1985-13 (On June 17, 1985, the Planning Commission conducted a
public hearing on this application; after hearing all testimony for and against, the
Commission took action to deny this application based on a finding that the
proposed use will have an adverse effect upon adjacent and abutting properties, and
the use is not deemed essential and desirable to the public convenience and
welfare; this business was relocated from the City's Downtown Redevelopment
Project Area [ NE corner of 9th & National City Blvd. J to its present location on
Highland Ave., about a month ago; this business sold beer and wine as an incidental
use at its previous location; plans submitted by the applicant indicate that this use
will occupy a total floor area of 884 sq. ft.; storage, office and restroom will
occupy 208 sq. ft.; an open deli case, walk—in cooler and freezer space will occupy
260 sq. ft; 78 sq. ft. will be devoted to display shelving; it has been staff's
experience that convenience markets of such small size, and devoting such a
limited area to display shelving, typically tend to rely heavily on beer and wine
sales; due to the proximity of an existing fast—food, take—out restaurant, the
number of existing alcohol outlets and a history of Police Dept. problems within
this immediate area, the Police Dept. strongly protests approval of this CUP; staff
concurs with the Police Department's comments; further, the need for an additional
outlet for alcohol within this general area of Highland Ave. is questionable; within
500' of the subject premises there is one grocery store that sells beer and wine,
one liquor store, and one restaurant that offers alcoholic beverages as an incidental
use; Combined Zoning and General Plan designation of the property is Commercial
General; if Council takes action to approve this application, the following conditions
of approval are suggested: 1. There shall be no alcoholic beverage sales after
8:00 p.m.; 2. This CUP shall be subject to revocation, pursuant to the provision of
Section 18.116.170 of the Municipal Code upon recommendation of the Chief of
Police if it is found that the use is being exercised in a manner to constitute the
same a public nuisance; 3. Before this CUP shall become effective, applicant shall
file a written statement with the Planning Dept. acknowledging and accepting all
Book 66/Page 27
8/6/85
conditions imposed upon approval of the permit; staff concurs with the Planning
Commission's denial) was held at this time. Planning Director Post said the
Planning Commission and staff recommend denial. No one responded to the Mayor's
request to speak in this regard. Moved by Van Deventer, seconded by Cooper, the
Public Hearing be closed and the Planning Commission's denial be upheld. Carried
by unanimous vote.
The CONTINUED PUBLIC HEARING on the proposed VACATION of the WESTERLY
ONE—HALF OF COOLIDGE AVENUE, BETWEEN 19TH STREET AND 20TH STREET,
Applicant: H & M Apartments, SC-2-85 (...involves a 48' right—of—way containing
10,000 sq. ft. of land area; the travelway portion is paved at a width of 40' for a
distance of about 75' south of 19th St.; the remaining portion is unimproved,
fenced, and not accessible to the public; the City maintains a small neighborhood
park adjacent to the east side of the paved portion of this right—of—way; the only
access to this portion of Coolidge Ave. is via 19th St. from Harding Ave.; 19th St.
dead —ends just east of Coolidge Ave.; applicant owns the property located at the
SW corner of 19th St. & Coolidge Ave.; this property contains a land area of
12,500 sq. ft. and has 100' of frontage abutting the area proposed for vacation;
staff concurs with the Planning Commission's denial) was held at this time.
Planning Director Post said the Planning Commission and staff recommend denial.
DAN BIGGS (Engineer for applicant), 2727 Hoover Ave., was present and said Mr.
Howell feels there has been a lot of discussion about the kind of building he would
put on the property, and little about the use or appropriateness of the street being
vacated; it is Mr. Howell's opinion that the metal building or the appropriateness of
some building there has nothing to do with the street vacation; he could build the
metal building as long as it conformed to the zone and the building codes; Mr.
Howell has a legal lot and he doesn't feel that the street vacation should be
hindered or granted because of a specific kind of building on the site; he (Mr.
Biggs) does not have a lot of details on Mr. Howell's plans. Discussion. Mr. Biggs
said Mr. Howell has been as specific as he can; he did a site plan and he
responded with written descriptions of what he would be doing. Further discussion.
Moved by Cooper, seconded by VanDeventer, this be continued to September 10.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters.
Nays: None. Abstaining: Morgan.
MIKE DAMI, 1835 Highland Ave., was present and inquired why his license was
denied (See Public Hearing on page 26). City Attorney Eiser said the (public
hearing) procedure was to ask anyone if they cared to speak; no one came forward;
there was a motion made to deny based on the same conditions that were
expressed in the Planning Commission denial; the motion was seconded and
approved. Mr. Dami said he thought the decision was to be based on the City's
investigation; he just wants a fair chance. Councilman Waters said it has nothing
to do with the investigation. Mr. Eiser said the use permit application is a land
use matter and charges were made two weeks ago; there is an investigation pending
regarding those charges; the investigation has not been completed yet; the
investigation has no bearing on the land use approval on the CUP application. Mr.
Dami inquired why the City Council is against this because he brought the facts
two weeks ago; he just wants the public and the City to know what is going on in
the City; why all of a sudden does this affect the City Council to deny his license;
before that happened, he talked to the individual Councilmen and they all said they
didn't think he would have any problem with transferring his beer and wine license;
he is going to stand by what he said no matter what. Mr. Eiser said the
investigation is a separate question; we've had two public hearings; there was some
discussion at the last hearing; there was a motion made this afternoon to affirm
the Planning Commission's recommendation which was to deny based on the reasons
given. Mr. Dami said the reasons given by the Planning Dept. are not true; they
(Planning Dept.) said National Market looks like a liquor store; they said 78' of
shelves for groceries; it is not the fact; it is not the true thing. Mr. Eiser said
the application has been acted upon unless it is the desire of the Council to
reconsider this item; the denial was based on the same reasons that the Planning
Commission denied the application; there were concerns regarding the proximity of
this type of business to other businesses in the area that are also selling alcoholic
beverages, concerns expressed by the Police Dept. at the time of the Planning
Commission hearing; that was the reason for the City Council's affirming the
decision of the Planning Com mission and denying the application. Mr. Dami
continued, he spoke to Mr. Hart after the report was coming to the Planning Dept.
and he said if it is some conditional use, he wouldn't have any problem; the City
Council would carry them. Mayor Morgan said Mr. Dami may have talked to the
Council, but he didn't talk to the Mayor. Mr. Dami said the first time he talked
to the Mayor, he (Mayor) told him to talk to the Council before leasing the
building. Mayor Morgan said that was good advice. Mr. Dami continued, it was not
Book 66/Page 28
8/6/85
something he was hiding; last time Councilman Cooper asked him why he wanted
Council to give him a favor; what had to be done to the building was done by the
landlord; he doesn't know if he had a permit or not; he is not an electrician; he is
not give to a contractor; he is supposed to go take it, because he charged him (Mr.
Dami) for the work to be done; in May he came to pay for the license fee,
whatever necessary for the Planning Dept.; everything they asked him, he paid.
Discussion. Vice Mayor VanDeventer said Mr. Dami could apply again in another
year. City Attorney Eiser said that is correct. Mr. Dami said he didn't think he
could survive that long; he had a business running with no problem and he was told
to move; he tried to be honest and tell the City what is going on; he has a video
tape before he moved his business and after, and you can see what percentage is
beer and wine; he would like to have a fair chance, but it looks like he is out of
luck. Councilman Dalla said he doesn't think what they have been hearing will
change the result, but this has a unique set of circumstances associated with it,
but he would feel uncomfortable sending Mr. Dami away with the impression that it
has been rushed through; he has no problem with reconsidering the item and letting
Mr. Dami make his case. Mayor Morgan said "Let's give him five minutes." Mr.
Dami said the City told him he had to relocate his business and they would do
everything for him to relocate his business; they would cooperate with him; he
found a building which is smaller than what he had, and is paying higher rent; he
came to the City Council —he wanted to know before he leased the building if
Council would give him a chance to transfer his beer and wine license; since by
the law they were not able to give him a transfer, he was told he had to use a
CUP; he did everything necessary to do that; the staff report is not true; he
doesn't know where they got the figures 78'; they said it looks like a liquor store;
it is not a liquor store; it is a market; he had the business before (National City
Blvd.) which had more problems than where he is now; for two and a half years, he
had his license without one problem or police call; he doesn't think his business on
Highland would have any affect on the area; letters have been sent to people living
around there if they have any objection (Planning Dept., City Clerk and ABC); no
one came to say they didn't want his business there; he has spent his money and
the City's tim e; he is not asking for anything new; he is being punished for
pursuing his livlihood; where is the fair chance?; because he came and said what is
going on in the City, it has turned everybody's mind; if it is the case, it's fine; if
it is—. Councilman Waters said maybe members of the City Council indicated they
might support his ventures, but if the inspection report is true, there is no way any
member of the Council could violate the law; that is what they would have to do
to approve the plan. Mr. Waters read portions of the inspection report, saying as
of August 1, no plans have been submitted to the City; plans required by the
County Health Dept. were submitted on June 20, 1985 and returned to the owner
on July 9; according to their records, they have not been re —submitted for approval;
no permits have been issued; no inspections have been requested except for the
business license; inspection will not be conducted until the proper procedures are
complied with; this is something that any businessman has to do. Mr. Dami said
the Health Dept. has approved it, the City inspector has approved it; everything
has been approved. Building & Safety Director Reid said Mr. Dami has gotten an
electrical permit; inspection was made by the Sr. Building Inspector on August 1;
he has a copy of the Health Department's record and they indicated to Mr. Dami
that he could open as a market only; that was brought in this morning; he cannot
operate as a deli; he can operate as a market only until such time that certain
conditions they have set forth are corrected; the Building & Safety Dept. does not
have any records of what was done on the job; everything was done without plans
or inspections prior to our knowledge; we don't know what else is needed.
Councilman Waters inquired if Mr. Reid would go over and inspect the building.
Mr. Reid replied if we had some record of what it was like and what it was
changed to, they would. Discussion. Mr. Reid continued, he cannot go in and
inspect an electrical plug or anything else if it has already been built with no
inspections or no permits and say it's okay; until such time that we can investigate
it totally and find out what was really required, we can't do it. Further discussion.
Councilman Cooper inquired if the landlord knew he needed to submit plans for
tenant improvements. Mr. Dami said he did not know; if anything was supposed to
be done, by the lease agreement, the owner has to do it and make it ready for Mr.
Dami to move in. Further discussion. Councilman Cooper said somebody is at
fault here for not knowing what the law is; you don't go into a building and
remodel it and put electrical work in the walls, put the walls up and then come
down and get an electrical permit and expect our inspectors to take the
responsibility of passing it; that makes the City liable for anything that happens in
that building. Mr. Dami said the gentleman who works for the City came the first
day and several times; the gentleman told him he didn't need a permit as long as
he was going to do the electrical; he is going to do the inspection. Mayor Morgan
inquired if any of the Council members wanted to reopen this issue. There was no
Book 66/Page 29
8/6/85
response. Councilman Dalia said he has spoken to Mr. Dami in the past about his
proposal and he does not recall at any time encouraging him to place any faith or
commitment on how he (Mr. Da11a) may or may not vote on his particular item; he
recalls trying to politely discourage him from proceeding with the liquor license;
the decision he made today was based on the recommendations from the Planning
Dept. and the Police Dept. regarding the number of licenses; his decision has
nothing to do with building permits. Further discussion.
Mayor Morgan called a recess at 5:13 p.m.
Council reconvened at 5:17 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
E R N A M A YB E R R Y (President, American Legion), 971 4th Ave., Chula Vista, was
present and said the American Legion is having a luau on August 17, and they
would like to use some land to pit barbecue a pig. Discussion. Moved by
VanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous
vote. Ms. Mayberry was advised to talk to Parks & Recreation Director Ruiz
tomorrow.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 14,707 through 14,714)
Mayor Morgan requested Resolutions Nos. 14,708, 14,710, 14,712 and 14,713 be
considered separately. Moved by VanDeventer, seconded by Dalla, the Consent
Resolutions (14,707, 14,709, 14,711 and 14,714) be adopted with the exception of
Resolutions Nos. 14,708, 14,710, 1 4,71 2 and 14,713 be adopted. Carried by
unanimous vote.
Resolution No. 14,707, "RESOLUTION ACCEPTING WORK AND AUTHORIZING
FILING OF NOTICE OF COMPLETION FOR IMPROVEMENT OF PAINT HANDLING
FACILITY, ENGINEERING SPECIFICATION NO. 963." See Consent Resolutions
above.
Resolution No. 14,708, "RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A MONUMENTATION AGREEMENT." Discussion. Moved by Morgan,
seconded by Waters, Resolution No. 14,708 be adopted. Carried by unanimous vote.
Resolution No. 14,709, "RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR
A PUBLIC SEWER MAIN FROM MEYER C. WEINER COMPANY (SOUTH BAY
PLAZA, PHASE 3)." See Consent Resolutions above.
Resolution No. 14,710, "Resolution approving issuance of a driveway special permit
at 1814 Roosevelt Avenue (Alan G. Dodson)." Moved by Waters, seconded by
VanDeventer, Resolution No. 14,710 be adopted. Discussion. Motion and second
withdrawn. Moved by Waters, seconded by Dalla, this be tabled for 30 days.
Carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters.
Nays: None. Abstaining: Morgan.
Resolution No. 14,711, "RESOLUTION ACCEPTING WORK AND AUTHORIZING
FILING OF NOTICE OF COMPLETION FOR FIG COURT SEWER, ENGINEERING
SPECIFICATION NO. 959." See Consent Resolutions above.
Resolution No. 14,712, "RESOLUTION DECLARING DYNO CONSTRUCTION, INC.
THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH DYNO CONSTRUCTION, INC." Discussion.
Moved by Morgan, seconded by VanDeventer, we use clay pipe sewer lines.
Discussion re truss pipes and clay pipes. Motion and second withdrawn. Moved by
Waters, this be held over two weeks. Motion died for lack of second. Discussion.
Moved by VanDeventer, seconded by Waters, Resolution No. 14,712 be adopted with
the provision that the materials be chosen in two weeks. Carried by unanimous
vote.
Resolution No. 14,713, "RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ATCHISON, TOPEKA
AND SANTA FE RAILROAD COMPANY (HARBOR DRIVE & 8TH STREET
PROJECT)." Discussion. Moved by Morgan, seconded by VanDeventer, Resolution
No. 14,713 be adopted. Carried by unanimous vote.
Book 66/Page 30
8/6/85
Resolution No. 14,714, "RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN IMPROVEMENT AGREEMENT WITH LESLIE O. & ROBERTA JEAN
TIGH (1831 EAST 12TH STREET)." See Consent Resolutions above.
ORDINANCES FOR INTRODUCTION (FIRST READING)
Moved by Dalla, seconded by VanDeventer, the Ordinances be presented by title
only. Carried by unanimous vote.
"Ordinance of the City of National City amending Title 18 (Zoning) of the National
City Municipal Code to establish regulations for the placement of satellite
television antennas within the City."
ORDINANCES FOR ADOPTION
Moved by Dalla, seconded by VanDeventer, the Ordinances be presented by title
only. Carried by unanimous vote.
Ordinance No. 1863, "ORDINANCE REZONING A CERTAIN PARCEL OF REAL
PROPERTY PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL
CITY (GP-5-85 and ZC-3-85)." Moved by VanDeventer, seconded by Cooper,
Ordinance No. 1863 be adopted. Discussion. Carried by unanimous vote.
Ordinance No. 1864, "ORDINANCE AMENDING ORDINANCE 1857 AND SECTION
11.16.010 (SPEED ZONES DESIGNATED) OF THE NATIONAL CITY MUNICIPAL
CODE ESTABLISHING SPEED ZONES ON VARIOUS CITY STREETS." Moved by
Cooper, seconded by VanDeventer, Ordinance No. 1864 be adopted. Carried by
unanimous vote.
Ordinance No. 1865, "ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING
PORTIONS OF ORDINANCE NOS. 1712 AND 1820, AND AMENDING TITLE 18
(ZONING) OF THE NATIONAL CITY MUNICIPAL CODE." Moved by VanDeventer,
seconded by Cooper, Ordinance No. 1865 be adopted. Carried by unanimous vote.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 4,
dated July 23, 1985, in the amount of $159,731.18 (Warrants Nos. 88585 through
88672), and CERTIFICATION of PAYROLL for the period ending July 15, 1985, in
the amount of $360,709.17 was presented. Moved by Waters, seconded by Cooper,
the bills be paid and warrants drawn. Carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan.
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 5,
dated July 30, 1985, in the amount of $557,076.68 (Warrants Nos. 88673 through
88753) was presented. Moved by Waters, seconded by Cooper, the bills be paid and
warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla,
VanDeventer abstaining on Item 88-735 but approving the rest, Waters. Nays:
Morgan.
WRITTEN COMMUNICATIONS
The letter from SILLMAN/WYMAN & ASSOCIATES requesting DELAY OF
DRAINAGE EASEMENT at proposed Commercial Center between Highland Ave. and
"L" Ave. on Plaza Blvd. (Sillman, Wyman & Assoc. is representing Appel
Development which is currently in escrow on the referenced site and proposes to
remove the existing two story building and replace it with a one—story commercial
development; if the proposed drainage easement is installed, it would go through
their proposed building; they would like Council to delay action on this easement
until they can work out an alternate route that would not conflict with their
building layout was presented. LARRY SILLMAN, 10671 Roselle, San Diego, was
present and said he represents the developer; they are requesting a delay on award
of the contract for that drainage because if this easement goes through, it will go
through one of their buildings. City Engineer Stafford said that would be
appropriate; the bid opening is scheduled for August 26, but they can send out an
addendum. Discussion. Moved by Cooper, seconded by VanDeventer, this be
delayed for six weeks until we get a report back. Discussion. Carried by
unanimous vote.
A letter from THOMAS/O'BRIEN ASSOCIATES re PROPOSAL FOR CIVIC CENTER
REDEVELOPMENT PROJECT was presented. Moved by VanDeventer, seconded by
Dalla, this be referred to CIP for next year's budget. JERRY O'BRIEN, 1615
Sweetwater Rd., was present and said he sent Council a letter regarding the
proposed police facility in National City, and he is here today to answer questions.
Book 66/Page 31
8/6/85
Vice Mayor VanDeventer said it would be improper to consider this at this time.
Councilman Dalla said Mr. O'Brien is going to make a presentation, but at some
point this will have to be opened up for other people to do the same; Mr. O'Brien
is a little bit ahead of everyone else; no action will be taken tonight; it will be
referred to staff, and at the appropriate time, it will be opened up for other
people to make proposals; that would be the time for Mr. O'Brien to make his
presentation. Discussion. City Manager McCabe said we are currently taking
proposals for the appraisal portion; when that comes back to Council and they act
on that, we will be ready to receive direction in regard to an architect and finance
packages; that will be about eight weeks away; everyone will be invited to make a
presentation. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla,
Van Deventer, Waters. Nays: Morgan.
PLANNING COMMISSION — NOTICES OF DECISION
Planning Commission Resolution No. 34-85, APPROVING CONDITIONAL USE
PERMIT to ALLOW the OPERATION OF A COCKTAIL LOUNGE (TYPE 41 BEER
AND WINE LICENSE) WITH LIVE ENTERTAINMENT AND DANCING as an
incidental use to a restaurant at 2200 Highland Ave., Applicant: Agustin Reyes,
C UP-1985-15 (Applicant proposes to re —institute the sale of beer and wine, add
dancing and live entertainment as an incidental use to a restaurant with hours of
operation between 10:00 a.m. and 2:00 a.m., seven days a week; this building was
originally designed and built for a restaurant with cocktail lounge, bar and off—
street parking; all facilities are existing except for the dance platform and music
stage; the building contains a total floor area of 5,160 sq. ft., of which 2,366 sq.
ft. is allocated to dining with seating for 134, and 1,008 sq. ft. allocated for a
cocktail lounge and bar with seating for 39; the Police Dept. is concerned about
live entertainment, dancing and serving of alcoholic beverages after midnight at
this location; they feel that due to the close proximity of a large apartment
complex, this use will more than likely generate complaints relative to noise and
other disturbances, particularly at closing time; they are, however, amenable to a
trial period of allowing live entertainment and dancing subject to certain conditions;
staff has incorporated these conditions into the suggested conditions of approval of
this permit; the Bldg. & Safety Dept. has advised of their concern over the
adequacy of existing exits; the property management firm responsible for this
property has agreed to make all existing required exits conform to the Uniform
Building Code; within 500' of the exterior boundaries of these premises there are
ten business establishments that sell alcoholic beverages [1 liquor store, 3
convenience markets, 3 beer bars and 3 restaurants]; Combined Zoning and General
Plan designation of this property is Commercial General; staff concurs with the
Planning Commission's approval) was presented. Councilman Waters said he agrees
with giving Mr. Reyes the liquor license and live entertainment, but he doesn't
agree with the dancing because he doesn't feel there is adequate room. Moved by
Waters, seconded by VanDeventer, this be approved with dancing deleted. Planning
Director Post said Council has two choices of action —to file the matter, which
accepts the Resolution, or to set a public hearing where conditions can be added or
deleted. Motion and second withdrawn. Moved by Waters, seconded by Cooper,
this be set for public hearing. Vice Mayor VanDeventer inquired if the dancing
could be set for public hearing and the rest approved. City Attorney Eiser said if
it is approved, the entire application is approved. AGUSTIN REYES, 96 Sherwood,
Chula Vista, was present and said he would be happy to take out the dance floor;
it is a 10' x 10'portable dance floor. Councilman Cooper said two weeks ago, Mr.
Reyes was only talking about a liquor license; there is not enough room for
dancing. Mr. Reyes said he did not change anything in his application. Vice Mayor
VanDeventer inquired if we could approve this if Mr. Reyes withdraws the dancing.
City Attorney Eiser said he could amend his application voluntarily to delete that
portion and we could proceed as amended. Planning Director Post said it would
have to go back to modify the Planning Commission's Resolution, and bring a
modified Resolution back to the Planning Commission. Discussion. Mr. Post
continued, as it stands right now, there is a Resolution coming from the Planning
Commission giving him free rein to have live entertainment and dancing; Mr. Reyes
may volunteer to remove that dance floor, but there is still a Resolution of
approval giving him authorization for those activities. Further discussion. Moved
by Waters, seconded by VanDeventer, in favor of the City Attorney's
recommendation, the application be approved, the dancing deleted by Mr. Reyes'
voluntary signed agreement. Councilman Cooper said we just denied a liquor
license because there were five other places in the neighborhood; there are six or
seven such places around Mr. Reyes restaurant, but the Planning Com mission
approved the license with live entertainment and dancing; the other applicant was
only asking for a wine and beer license; he doesn't understand the rationale.
Planning Director Post said this facility was constructed to be a restaurant and
cocktail lounge, and has been for a number of years; the Police Dept. made a
Book 66/Page 32
8/6/85
detailed report on this application as well, and felt that with certain conditions,
this application could proceed on a trial basis; if there were any problems, the
CUP can be reevaluated and revoked if necessary. Police Chief Hart was present
and said there is a significant difference on Highland Ave. with businesses that
have liquor license wherein the great majority of the liquor is consumed within the
structure vs. selling to take out of the structure; there are big differences in
behavior, littering, etc. in the consumption on the street vs. consumption in the
business. Further discussion. City Attorney Eiser said the typical reason for a
hearing is where there is a change to be made from the decision of the Planning
Commission and the applicant does not agree with the decision; in this case, Mr.
Reyes is agreeing to change his application; that suggests that that part of the
application was not made in the first place; it's a contractual type of thing where
he is withdrawing that portion of his application; modification can be approved on
the condition that Mr. Reyes signs a document, or countersigns the resolution itself,
indicating that he will comply with the conditions; it would also be possible to
physically amend the application he originally submitted. Further discussion. Mr.
Eiser continued, the Planning Commission granted a certain number of rights to Mr.
Reyes and he is voluntarily agreeing that he will not take advantage of one of
those rights; that will be confirmed by his countersigning the Resolution. Further
discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla,
VanDeventer, Waters. Nays: None. Abstaining: Morgan.
OTHER BUSINESS
The recommendation of the STREET TREE AND PARKWAY COMMITTEE (parkway
pepper tree at 230 E. 4th St. which is old and rotted at the roots and messy be
removed and replaced by City forces) was presented. Moved by VanDeventer,
seconded by Waters, in favor of the Street Tree and Parkway Com mittee's
recommendation. Carried by unanimous vote.
The Planning Director's STATUS REPORT on the VALLEY ROAD PROJECT (On
July 23, Council requested a status report and proposed time frames for the Valley
Rd. Project; at the same meeting, Council held a public hearing and approved the
annexation of the property to the City; see Document No. 72616) was presented.
Ordered filed by unanimous vote.
Administrative Assistant Adams' report on RESPONSE TO SUPERVISOR BILBRAY'S
LETTER RE AB1551 (AB1551 would impose an additional $1.50 surcharge on parking
fines in San Diego County only in order to finance County courtrooms; National
City opposed the measure officially on July 8, 1985, as have the cities of El Cajon
and Santee; the City of San Diego has taken no official position, but is not in
favor of this bill, while Chula Vista has supported it; opposition is based on the
fact that a $1.50 surcharge is already in effect for jail construction and that an
additional surcharge would be excessive; staff recommends continued opposition to
this bill) was presented. Moved by Waters, seconded by VanDeventer, this be
accepted and filed. Carried by unanimous vote.
CITY MANAGER — No report.
CITY ATTORNEY
The City Attorney's report regarding CHANGE IN QUALIFICATIONS FOR
SECRETARY POSITION in the City (On July 23, the Mayor requested that Mr.
Eiser report on the legality of the change in the qualifications for the classification
of Secretary; on July 26, the Mayor posed additional questions; Mr. Eiser asked the
Personnel Officer to provide him with background information with respect to the
original inquiry, as well as with respect to the questions raised in the Mayor's July
26 memo; the Personnel Officer's responses of July 24 and July 30 [see Documents
Nos. 72619 and 72620] provide full explanation of the action taken by the Civil
Service Commission and the reasons for the Commission's action; with regard to the
legality of the action taken, reference should be made to Rule 205 of the Civil
Service Rules; Mr. Eiser interprets Rule 205 to authorize the Civil Service
Commission to review and modify the qualifications or specifications for job
classifications) was presented. Discussion re the need for shorthand and substitution
of ability to transcribe from a dictating machine. Moved by Dalla, seconded by
VanDeventer, this be filed. Carried, by the following vote, to —wit: Ayes: Cooper,
Dalla, VanDeventer. Nays: Waters, Morgan. Councilman Waters asked if a study
had been made as to the number of dictation units in the City and a comparison of
the time transcribing from shorthand notes as opposed to time transcribing from a
machine.
Book 66/Page 33
8/6/85
OTHER STAFF
The City Engineer's report regarding CENTER STRIP ALLEY - 1911 ACT (The total
City cost to assume financial responsibility for Alleys 9 and 12 is ;36,258.43; this
figure is the sum of the amount already paid by the property owners and the
remaining balance) was presented. Vice Mayor VanDeventer said he doesn't feel the
people should have to pay for this; we should be funding this one. Mayor Morgan
said he doesn't think any alley should be paid for 100% by the taxpayers; he would
vote to refund 50%, but from now on, alleys should not be done free. Councilman
Cooper said if we refund this money, we will be opening up a can of worms.
Discussion. Councilman Waters said if we refund this money, where do we stop;
we could have a taxpayers' lawsuit if we do something for one and not for
everyone else. Moved by Morgan, seconded by Waters, this be filed. Discussion.
Carried by unanimous vote.
Planning Director Post referred to his August 2 memo to Council re the Lincoln
Acres Annexation, saying the various application materials have been completed and
are ready to submit to LAFCO; in March, 1984, LAFCO stated that the fees would
be ;1500 and Council agreed to pay those fees; LAFCO recently did a computation
of the current fees and have determined that ;3150 in fees will be needed. Moved
by Morgan, we approve this amount. Motion died for lack of second. Councilman
Cooper said he spoke to Jane Merrill at LAFCO, and she advised him that if she
had quoted ;1500 as the fee, she would hold to it; that amount has already been
approved. Further discussion.
MAYOR
The Mayor's request for approval of Planning Commissioner Reida L. Baker's request
for Leave of Absence was presented. Moved by VanDeventer, seconded by Waters,
in favor of this request. Carried by unanimous vote.
Mayor Morgan spoke of the band increase for mid -managers, and inquired if there
are any mid -managers who did not get an increase. City Manager McCabe replied
there are probably one or two based upon recommendations; they (increases) are not
automatic. Mayor Morgan requested that the City Manager check back 2-5 years
and give him a list of those mid -managers who did not receive raises; he is not in
favor of some people getting raises every year, and other people not getting a
raise. Discussion.
CITY COUNCIL
Councilman Waters said he walked the new golf course yesterday and it is
beautiful; however, the kids have damaged two new greens; we should take a look
at the possibility, before school starts, of closing the gate and posting signs citing
fines for damages.
Mayor Morgan called an Executive Session for employee relations and possible
litigation at 6:20 p.m.
Council reconvened at 6:36 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
ADJOURNMENT
Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m.,
August 13, 1985.
Carried by unanimous vote. The meeting closed at 6:37 p.m.
The foregoing minutes were approved at the regular meeting of August 13, 1985.
Corrections No cori tions
MAY; R
CITY OF NATIONAL CITY, CALIFORNIA
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