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HomeMy WebLinkAbout1985 11-19 CC MINBook 66/Page 115 11 /1 9/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 19, 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: one. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, afford. ALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by City Manager McCabe. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Dalla, the minutes of the regular meeting of November 12, 1985 be approved. Carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Abstaining: Cooper. ROCLAMATION 3ved by VanDeventer, seconded by Cooper, the Proclamation be read by title :Iy. Carried by unanimous vote. ne Mayor's proposed Proclamation of "GREAT AMERICAN SMOKE OUT DAY" — November 21, 1985 was presented. Moved by VanDeventer, seconded by Dalla, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to the Manager, Paradise Valley Hospital. PRESENTATION DONNA NENOW, Stoorza Company, was present to report on and sum marine the City Image Survey, saying the City has done a very effective job in business development; the residential areas have not been enhanced as much as they might have been; there is a noticeable shortage of better restaurants; a bright future is in store for National City; National City is a City of action. Ms. Nenow continued by summarizing some of their recommendations; see Document No. 73021). PUBLIC ORAL COMMUNICATIONS PHILIP SHEUER, Coastal Rigging (San Diego Quarterdeck Committee, Revenue Cutter Californian, the Nautical Heritage Society) was present and thanked Mayor organ for his moral support and good wishes to the volunteers and crew of the ilifornian in transporting ten tons of relief supplies to the earthquake victims of exico. Mayor Morgan thanked Mr. Sheuer for the kind words. VINCENT REYNOLDS, 1243 Manchester, was present on behalf of himself and his neighbors to speak of the sewer problems on Manchester St.. Mr. Reynolds outlined the problems he and his neighbors have had with the sewer in the past year. Public Works Director Williams outlined the City's sewer policy. Mayor Morgan spoke of sewer problems at 1300 Manchester, 2000 Euclid, and 900 9th St., saying the staff is afraid to do what they really think needs to be done; when you check rther into it, you'll find there are only two men on the crew and at Budget ssion he wanted to hire somebody in the sewer department because they had to all the work, all the new connections; they have two men trying to do this rk; they can't get around every place, and it's some place where we need help; I w can a person get the equipment out and do these jobs when they've got two n. en; this is not a criticism of Mr. Williams because Council has set the policy; he never voted for the policy; he doesn't like the policy and he thinks it should be changed. ALLEN , 1303 Manchester, was present and asked questions about the City's sewer policy. Vice Mayor Van Deventer inquired what the total manpower is on the sewer crew. Mr. Williams replied there are four, but two of them have been out ill. Mr. VanDeventer said wouldn't it be correct if when we get into these situations, ah being able to call in or get some manpower that could work with the people that you do have on board that could help out? Mr. Williams said in an emergency situation he borrows people from the street division; they borrow folks back and forth on a continuous basis. Mr. VanDeventer said "Did you try that last week?" Mr. Williams replied they were able to get out to most of the locations to get onto the site; it took them a little longer than it should. Mr. VanDeventer said, "Didn't you tell us when we were talking not long ago relating to Book 66/Page 116 11 /19/85 -he budget and relating to the sewer crew that you had adequate people to do the ob?" Mr. Williams replied "yes". Mayor Morgan said Mr. Williams cannot tell this Council we have plenty of men down there; last year they laid another thing on them to put in the 5' or less (sewer lines); that's a new job for the three men — four men; they have to clean the drains; every year I say get out there and keep the other people to clean drains so they can go out there and start unplugging those things; if the lines are not opened up from time to time we will have this (problem); every time he (Mr. Reynolds) mentioned was in December; in the winter it starts raining and we will have trouble every year when we keep our men busy cleaning drains out when they should be loosening the sewer lines up; that's the roblem; he is not criticizing Curt (Williams); he knows he can't say anything about .. Councilman Cooper said he knows who the Mayor is criticizing; he is criticizing he Council; we sat in the budget sessions and asked Mr. Williams —he had four eople in his sewer crew, and we asked him if it was sufficient to do it and he aid yes; I don't know why —I can't blame the Council; the Mayor is always complaining about hiring more people; he's always wanting to take people out of the secretary's pool and put them out doing drains and everything else; we have a real problem here though with these people; his understanding of this Ordinance is that it is the responsibility of the people —the property owner to maintain the lateral; now maintain to me means to keep it clean; he also understands —he thinks if you will check the Ordinance a little bit further —is if the lateral breaks —now we're talking about the lateral, not the house line, but the lateral breaks, it is the esponsibility of the City to replace it; now I think if you'll check your Ordinance, ou'II find this is true; all right, now, these people have breaks in these lines, your eople (sewer crew) have admitted that they have breaks; his question is why don't e do something about it; now you say policy —Council policy; if you go back to he original ordinance, that the ordinance says that if a line is broken or is in disrepair that the City will repair it or replace it. Mr. Williams replied, when his people have found breaks, they have replaced them. Councilman Cooper said the man just stood here and said they told —your people (sewer crew) told him he had two breaks in his line and nothing has been done about it --the man right here at the podium. Mr. Reynolds said They suspect two breaks. Councilman Cooper replied now that isn't what you said; you said they found two breaks in the line. Mr. Reynolds said they could not see the breaks, but from their experience, they suspect there are breaks. Discussion. Councilman Cooper said I want you (Mr. Williams) to tell this audience that you're not scared of this Council to go ahead and do your job; the Mayor's sitting up here saying that you're scared of this Council and you're scared to do your job; now I want you to tell this audience, are you scared of this Council to do it or not? You're going by the Ordinance aren't you? Mr. Williams said he is not scared to do his job but he is scared to deviate from the policy. Further discussion. Mayor Morgan said we can't solve these problems tonight and asked Mr. Williams to talk to these people tomorrow. Vice Mayor VanDeventer asked who is this crew chief Mr. Reynolds is talking about? Mr. Reynolds replied, his name is Jesse, and he was unable to tell him (Mr. Reynolds) what he was going to do. Councilman Cooper said this is the supervisor of the sewer crew! Mr. Williams replied he is crew chief. Mayor Morgan asked Mr. Williams to talk to these people tomorrow. Councilman Dalla said he knows the streets are marked up and so he is assuming that the marks in the street indicate that there's going to be some work done along —at the various places along the street, is that right? Councilman Waters inquired if Mr. Reynolds paid anything for what the City has done up there just now —you know when they make the hole and put a lateral in; did you (Mr. Reynolds) pay for any of that? Mr. Reynolds said he thought he paid for it every year. Mr. Waters said, Did you —now don't get silly here, Jess, or whatever 1 mean —I asked you a civil question, so give me a civil answer; did you pay anything for the City that was up there putting that uh lateral in right now? Councilman Cooper said right now, no. Mr. Reynolds replied, no, he didn't. Councilman Waters said that's what he wanted to find out cause there's a reason for that; you slow down a little bit; you talk too much; uh, for instance, it used to be, and it was a good policy, uh that's before uh, before certain plumbers recommended different some years ago; we used to have it to where the City uh, the individual took care of it to the property line; then the lateral and so forth out in the street which we didn't think the citizens have any business out in the street themselves taking care of that; that was City business; so we used to have it that way to where the City took care of that automatic; that's right and that's true; so then uh certain plumbers uh made recommendations early years ago and said that the City shouldn't be involved in that; that's up to the plumbing business and so forth; so that's is how the policies got changed; but I still prefer and we tried to change it back a couple times but we didn't have the votes to do it to where you would just take care of it to your property line, and anything beyond the property line belonged to the City; with uh, uh, it was argued and debated that that give the City too much work and that responsibility shouldn't Book 66/Page 117 11 /19/85 go to the City; well I think it should; anything out in the street belongs to the City; that's what 1 wanted to say; 1 said-1 give you (Mr. Reynolds) that blast because you're a friend of mine; maybe we can change it back to that; I don't know. Councilman Dalia said could I have —I'd like to have the question answered from Mr. Williams —the markings —some of those markings indicate that we have some work planned there. Mr. Williams replied the markings indicate where we intend to do the excavation on the laterals. Councilman Dalia inquired if, under this policy, the property owner is responsible for keeping the lateral clean —if a break is discovered in a lateral, we will fix that? Mr. Williams replied yes. Councilman Dalia said so if roots from a tree or something are plugging it up, they clean that, they take care of that, but if the, it gets old and collapses or something, we fix it; we do go in and fix that lateral? Mr. Williams replied yes. Mr. Dalia continued, so they're not totally responsible for the lateral in terms of oreaks. Councilman Waters spoke of the softball game between the Council/Management team and the MEA team, saying the MEA which is the Municipal Employees Association —since we were doing pretty good holding our own in a softball game — the City Council and staff, uh, well they looked at us and probably saw a weakness in us that we didn't see and they challenged us to a softball game —the Municipal Employees Association —the City Council and the staff; so we all showed up on a field of honor; I did hand some things over for investigation though to our City Attorney who is also on our ball team, and he'd be a good one to investigate; we found not only municipal employees on the team, but relatives and half the town, you know; so this kind of shook us up a little bit, but we still challenged them and uh we made sure that just the names of our team got on this ball and not theirs; course, they can make arrangements; but also when we made up the uh plaque on the front here —it says MEA and MEA National City-17 they got; and then instead of put vs, we put us; we goofed it up as much as we could —the plaque —so it wouldn't look so good; and ONTC which is not really the name of our team; we got 6 and so we don't want to be identified because we got beat so bad-17--6; and so uh, with that in mind, I would like, at this time, to call the manager of the team of the MEA and we'd like to give you this trophy in protest until we investigate whether you had the right employees on there or not; they really whipped us 17-6. Mr. Waters presented a trophy to MEA team manager, Victor Contreras. Mr. Waters continued, they had fun at the pizza house too and of course, management paid for most of the pizza; they're graceful losers, but he would like all of Mr. Contreras' team to sign the ball and we will put the trophy on display outside the City Clerk's office for everyone to see; next year the management team will try and win it back. Mayor Morgan said he doesn't see why they (management) didn't pay for all the pizza. Councilman Cooper said he doesn't either. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Morgan requested Resolutions Nos. 14,794 and 14,798 be considered separately. Councilman Dalia requested Resolutions Nos. 14,796 and 14,797 be considered separately. Resolution No. 14,794, "RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND RICHARD GEORGE WHEELER AND W. GAYNE WIMER, ARCHITECTS, INC. FOR AE SERVICES FOR LAS PALMAS GYM." Moved by Van Deventer, seconded by Cooper, Resolution No. 14,794 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalia, VanDeventer. Nays: Morgan. Abstaining: Waters. Councilman Waters said he abstained because for several years he has been doing two IBM Selectric typewriters for Wimer at $120/year; he knows that is not really a conflict in reality, but since he knew we had enough guys here to get that through, which he supports 100%, he thought it would be the best thing to go ahead and abstain from that; he's on the record before saying that; it's not very much, but it's uh—the City Attorney said he didn't think he would be in conflict, but he plays it as safe as possible. CONSENT RESOLUTIONS (Resolutions Nos. 14,795 through 14,798) Resolution No. 14,795, ^RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE MAYTIME BAND REVIEW CORPORATION AND THE CITY OF NATIONAL CITY FOR ADVERTISING." Moved by Dalla, seconded by VanDeventer, Resolution No. 14,795 be adopted. Carried by unanimous vote. Book 66/Page 118 1 1 /1 9/85 Resolution No. 14,796, "RESOLUTION AP PROVING. A TENTATIVE MAP FOR THE DIVISION OF 31.7 ACRES INTO 19 LOTS LOCATED SOUTH OF THE SOUTH BAY FREEWAY (SR54) ON BOTH SIDES OF VALLEY ROAD, NORTH OF LOMACITAS LANE, WEST OF AVENIDA SAN MIGUEL (APPLICANT: ODMARK DEVELOPMENT COM PANY — CASE FILE NO. 5-2-85)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,796 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Resolution No. 14,797, "RESOLUTION APPROVING AN APPLICATION FOR PLANNED UNIT DEVELOPMENT TO ALLOW A 184 UNIT CONDOMINIUM PROJECT WITH TWO LOTS (PHASES) ON 11.5 ACRES LOCATED ADJACENT TO ND SOUTH OF THE SOUTH BAY FREEWAY, EAST OF REO DRIVE AND NORTH ND SOUTH OF VALLEY ROAD, AND WEST OF AVENIDA SAN MIGHEL PPLICANT: ODMARK DEVELOPMENT COM PANY — CASE FILE NO. PUD-1-85)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,797 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Resolution No. 14,798, "RESOLUTION APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 21 LIQUOR LICENSE) AS AN INCIDENTAL USE TO A SUPERMARKET ON PROPERTY LOCATED AT 1035 HARBISON AVENUE PLICANT: ALPHA BETA COMPANY — CASE FILE NO. CUP-1985-18)." Moved y VanDeventer, seconded by Cooper, Resolution No. 14,798 be adopted. Carried, )y the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: ,done. Abstaining: Morgan. ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by VanDeventer, seconded by Waters, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 11/19/85-1, "Ordinance of the City of National City am ending a portion of Ordinance No. 1865, and amending Section 18.16.150 of Title 18 (Zoning) of the National City Municipal Code." Ordinance No. 11/19/85-2, "Ordinance of the City of National City, California adopting the Bonita Valley Specific Plan (Applicant: Odmark Development Company and Valley Land Company — SP-1-85)." OLD BUSINESS A letter from APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS requesting a HEA RING regarding PURCHASE of PROPERTY on Palm Avenue for purpose of SENIOR CITIZEN HOUSING was presented. Councilman Waters inquired if they were asking to set this for public hearing at a later date. The City Clerk replied this was brought back from last week. RONALD FIENSTRA (church designer), 4550 Kearney Villa Rd., San Diego, was present to speak in favor, and displayed a rendering of the proposed project. Mayor Morgan inquired how much the church building was worth. Mr. Fienstra replied according to the architectural calculations in published material it is worth approximately three—quarters of a million dollars. Mayor Morgan said Mr. Fienstra is putting Council on the spot; we have not had a public hearing; we haven't had neighbors and people at a public hearing; it is hard for him to say we go ahead or we don't go ahead because he doesn't know. Mayor Morgan continued, he is in favor of looking at this, but he would not want to commit himself for it or against it. Councilman Cooper asked if this could be set for public hearing. Vice Mayor VanDeventer said he thinks that would be, you know, we don't have any kind of staff input or anything; he thinks it would be better at this point to set it for a public hearing so that all those neighbors in that area would have an opportunity to realize what could happen to their area; and the other thing is and staff could come out and do studies as what's done in the rest of the County that would give us information also; he thinks that would solve the church's needs and our needs all at one time. Mayor Morgan said it seems like it should go through the Planning Commission and then back to us. Vice Mayor VanDeventer said he thinks that's what Mr. Cooper meant. Councilman Cooper said that is what he meant; it should go to the Planning Commission for public hearing and come to us. Councilman Waters saidwhat he should be mainly concerned about here tonight since this zoning, uh, uh, since this is zoned something else, what the City Council maybe consider, at least changing the zoning if the project was accepted by the neighborhood. Vice Mayor VanDeventer said there is a lot of information he thinks that would come out at that time and he would hate to give them any commitment at this point; he would Book 66/Page 119 11 /19/85 make a motion —second Mr. Cooper's motion to refer this to the Planning Commission for review. Councilman Waters said ,he sees nothing wrong with the looks of it (the project); he thinks they done an excellent job on the church they built over there; there was an eyesore where you uh, uh, put that church originally; it's beautiful now; they cleaned up another entrance to our City; and the area you're (Mr. Fienstra) talking about —he looked at it —it's a very run—down area; naturally he's sure they will be required, if he goes into that area, to put up the necessary walls and things to keep his business within his business so it doesn't jeopardize the surrounding neighborhood; if he (Mr. Fienstra) does that he would look in favor upon something like that if it's done adequately; he (Mr. Fienstra) scared him though with twelve parking spaces; that's the reason why National City is down on apartments and so forth; in the earlier years they were allowed to build apartments without proper off—street parking and not even places to put dumpsters; so uh, we kinda got burned years ago so we're very careful now; we're getting a little touchy about what goes on. Councilman Dalla inquired what we are referring to the Planning Com mission; what are we asking them to consider? What is the public hearing supposed to consider? Vice Mayor VanDeventer replied the concept of having this type of unit. in their neighborhood with the conditions that would be imposed with minimum parking and an elderly center in their neighborhood; that's what we will be considering; and for Mr. Post to look at the total County and see if it is being done other —elsewhere and what kind of restrictions are imposed. Councilman Cooper said and rezoning the land —it would have to be rezoned. Planning Director Post said we would have to overhaul our General Plan and invent a new zone and a new General Plan Land Use category; if Council is in favor, it would be appropriate to initiate an amendment to the General Plan and to the Land Use Code to invent these new rules and to apply these designations. Councilman Cooper said we're talking about the Planning Commission holding a public hearing for input from the neighbors and from these people as to how they feel, and see how the Planning Commissin feels about it, and bring in a recommendation to Council; after the public hearing, would there would be ample time to do the zone changing and the General Plan? Mr. Post replied it would take quite a period of time. Councilman Cooper said he can't sit here tonight and make a judgment on this thing because you don't know what the neighbors feel; or again, we may be opening this thing up to where people will come in and want to build apartments and rezone it and build apartments too; we do have a problem. Councilman Dalla said it seems to him we are mixing up the process just a little bit because after we have this advisory hearing, whatever they're going to consider, which is going to be just the neighbors in that im mediate area, if the decision is to go ahead then we're still going to have more public hearings again to consider it; doesn't it make more sense to refer it to the Planning Com mission and the Planning staff —wait a minute, not for a hearing though —to review this particular item and report back on the various consequences some of which Mr. Post has alluded to, and based on that, we can determine whether we want to go through with the General Plan change, and a zoning change and the hearings; I think we're jumping ahead to a process, and then we're going to have to go back and have more hearings anyway; let's find out all the particulars from the Planning Commission and the Planning staff regarding the consequences, not just for this project, because it is his understanding it's going to be City—wide; and we're talking about a hearing that's just going to affect the neighbors adjacent to this church; Mr. Post seems to indicate that these changes are going to apply next to every church in town perhaps; and uh maybe we're narrowing our focus a little bit and we should get the information from them and then decide how we want to proceed. Mayor Morgan said he has been very sympathetic to the churches; whether this church is going to open it up for apartments all over the City; that's going to be a hard question to answer in favor; we've got jungles of apartments out here; he would have to really study it. Moved by Cooper, seconded by VanDeventer, the Planning Commission and staff consider this, and check with other cities (amended motion). Discussion. Mr. Fienstra distributed copies of his plans to Council. Councilman Waters said Mr. Fienstra should give them each a copy, or they could pass them out; since there are 48 churches, the most we can get is 48 of those projects. Motion carried by unanimous vote. Mayor Morgan called a recess at 4:55 p.m. Council reconvened at 5:00 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Book 66/Page 120 11/19/85 The request of NATIONAL SCHOOL DISTRICT EDUCATIONAL FOUNDATION for a DONATION of $250 (This donation would be used to support the National School District's sixth grade camp program; sixth grade camp is funded 50% by parents and 50% by the National School District; the National School District Educational Foundation raises funds to offset the district's contribution; other organizations raise money to lower the parent fee) was presented. Councilman Waters said "Didn't we take care of that last week, Mr. City Manager?" Councilman Cooper said we didn't vote on it. Moved by Cooper, seconded by Waters, In favor of this request. Councilman Dalla said he would abstain because he is a member of the Board. Vice Mayor VanDeventer said he would abstain because he Is the Treasurer. :ouncilman Waters said they both sit out on the Board, and they come up with this dea and we're gonna support it. Councilman Cooper said don't worry about it; we'll arry it for you. Motion carried by the following vote, to —wit: Ayes: Cooper, Jaters, Morgan. Nays: None. Abstaining: Dalla, VanDeventer. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 20, dated November 12, 1985, in the amount of $373,163.49 (Warrants Nos. 89910 through 90026) was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The CLAIM FOR DAMAGES of OTIS JAMES CROCKETT, arising from an incident )n October 23, 1985, filed with the City Clerk on October 23, 1985 was presented. Moved by Cooper, seconded by VanDeventer, this claim be denied and referred to he City Attorney. Carried by unanimous vote. The application for TYPE 41, ON —SALE BEER AND WINE LICENSE, PERSON TRANSFER of Roberto A. Falcone and Patrice D. Farber (check spelling), dba R. ?. FALCONE'S ITALIAN CAFE, 1903 Highland Ave. (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS A letter from the COUNTY BOARD OF SUPERVISORS requesting DRAFT of RESOLUTION REQUIRED TO ESTABLISH SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (The personal safety of individuals breaking down on area freeways is a concern which was brought to the attention of the region following very serious incidents in 1984; those incidents, as well as a concern with increasing the convenience of area motorists and decreasing the time spent by law enforcement officers assisting routine vehicle disablements, prompted Supervisor Paul Eckert and Supervisor Leon Williams to call for a county —wide freeway emergency aid system o be established; these concerns also prompted Senator William Craven to sponsor Legislation which created a funding source for such a system; the resulting legislation provides, as a local option, the creation of a Service Authority for Freeway Emergencies [SAFE ]; SAFE was given the authority- to impose a maximum $1.00 vehicle registration fee to provide emergency assistance on area freeways; SAFE would be comprised of seven members, two selected by the County and five by the cities of the region; SAFE can be established only if the Board of Supervisors and a majority of the cities having a majority of the population adopt resolutions providing for its establishment; the Board of Supervisors passed a resolution establishing SAFE on November 5, 1985) was presented. Moved by JanDeventer, seconded by Cooper, in favor of this request. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION — NOTICES OF DECISION Planning Commission Resolution No. 45-85, APPROVING APPLICATION for PLANNED DEVELOPMENT PERMIT to ALLOW the OPERATION of a DRIVE—THRU AUTOMOTIVE LUBRICATION BUSINESS on the north side of Plaza Blvd., between Harbison and Olive Avenues; Applicant: Blair Dahl for Arctic Circle; PD-4-85 (...involves the proposed development of a drive—thru automobile lubrication and o11 change business having eight employees; project site Is located on the north side of Plaza Blvd., immediately east of the Thrifty Gas Station at the NE corner of Plaza Blvd. and Harbison Ave., and contains a land area of 22,418 sq. ft., of which 8,280 sq. ft. is Paradise Creek Channel; site development involves the construction of a single —story masonry building [ with basement] having a floor area of 1,500 sq. ft. and four service bays; installation of a 2,000 gallon underground waste oil tank; Book 66/Page 121 1 1 /19/85 five off—street parking spaces and landscaping; the Planning Commission recommended approval subject to 19 conditions; staff recommends this be set for public hearing) and Planning Commission Resolution No. 44-85, APPROVING APPLICATION for CONDITIONAL USE PERMIT to ALLOW the CONSTRUCTION and OPERATION of a DRIVE—THRU AUTOMOTIVE LUBRICATION BUSINESS on the north side of Plaza Blvd., between Harbison and Olive Avenues; Applicant: Blair Dahl for Arctic Circle; CUP-1985-17 (See Item No. 14 above; the Planning Commission recommends approval subject to three conditions; staff recommends this be set for public hearing) were presented. Moved by Dalla, seconded by Van Deventer, these items be set for public hearing. Councilman Waters said, you uh, Mr. Post, wasn't it discussed that as a whole, automobile repair places are usually kept over here National City Blvd. west and we don't spread them out into the neighborhood areas and so forth? Whatever happened to that concept? Planning Director Post said that concept is still alive and well and that is why staff is recommending this matter be set for public hearing. Discussion. Mayor Morgan inquired if we were going to start putting automobile repair and oil changing east of Highland Ave.; he thinks that is bad zoning; the City Engineer spoke in favor of this at the Planning Commission. Vice Mayor Van Deventer said that's why we're setting it for public hearing. Mayor Morgan said he is not in favor of setting this for public hearing. Vice Mayor VanDeventer said we cannot deny this unless it set for public hearing. Councilman Dalla said, well, but, at that point, then we can deny it; we can't deny it at the present. Mayor Morgan said we can deny it. Vice Mayor Van Deventer said, well, yeah, but we should hear it. Councilman Dalla said if you don't set it for a public hearing then it becomes effective tomorrow. Vice Mayor Van Deventer said that's correct. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Councilman Waters said he would like to ask Mr. Post one more question; Is there quite a bit of zoning out in the east part of this City where they can do this? You know we've had an awful lot of trouble —we have one out there —just one there at 8th and uh, and uh, Plaza Blvd., and boy we've had all kinds of violations and problems there, the staff tied up with the same type of automobile type thing, and uh; uh, do we have a lot of zoning in the eastern part of this City that they can do this here if we don't uh set it for public hearing? Planning Director Post replied that there is an abundance of commercially zoned property in the eastern part of National City; in a General Commercial zone, this type of use is allowed with a CUP. Councilman Waters said he thought we had this under control years ago, where all the automobile oriented will stay .basically in the National City Blvd. area west. Mr. Waters continued, The reason why he felt comfortable before, he thought that we uh had this under control years ago to where all your automobile oriented will stay in basically in the National City Blvd. area west, and evidently we don't have the type of control we really need. Further discussion. Planning Director Post said over the years we have become more permissive towards automotive regulations; it might be wise for staff to review the Code in terms of some of these regulations. Councilman Waters said we must be doing something a little wrong because uh when we think we have things under control, you know, and we've taken action; we have public hearings and we really felt we done a number like on automobiles or the Paris Pussycat or whatever; all of a sudden we're faced uh you know, three or four years down the line, so something must be happening in between to enable this to happen; uh we're faced with uh all of a sudden just like tonight with an automobile place going out in the east part of the City when we felt really basically we had that pretty much standardized where it would go; so I think we ought to look into that how that really does happen. Mayor Morgan asked the City Manager if he knew why the Engineer would go and use his influence on the Planning Commission on this issue. Mr. McCabe replied he does appear at the Planning Com mission from tim e to tim e if they ask for input on engineering facts. Councilman Dalla said what he read in there is that he responded to a question or an issue raised regarding traffic circulation and he was in no way advocating anything; he (Mr. Dalla) thinks the Mayor is reading something into it that is not there; as another observation we're talking about not having control over these things; this particular item is on the agenda, and if we didn't have any control over it, then they would be building it tomorrow, but there's a Planned Development Permit and a Conditional Use Permit involved and we have —we are involved in the process; there's going to be a hearing and we're going to consider this item; that seems to me that we are —we have control and we are in fact exercising that control. Councilman Cooper said we didn't vote on that, did we? Mayor Morgan said we voted on it. Councilman Waters said we voted to set it for public hearing. Planning Commission Resolution No. 46-85, DENYING an APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE of BEER AND WINE (Type 41 Book 66/Page 122 11 /19/85 iquor license) as an incidental use to a restaurant at 543 Highland Ave.; Applicant: George Ury and Nazario Madrigal; C UP-1985-20 (...involves the proposed sale of .'eer and wine as an incidental use in conjunction with a bona fide public eating )Iace located at the NE corner of 6th St. and Highland Ave.; this restaurant specializes in Mexican food and has been in operation at this location for the past twenty years; the Police Dept. reviewed this application and will not protest ,ssuance of the CUP provided there is no bar, no live entertainment, no dancing, and the restaurant closes at 10:00 p.m.; land use within the im mediate area consists of retail commercial to the north and west, and residential to the east and across 6th St. to the south; Combined General Plan and Zoning designation is CG; she Planning Commission denied the application and staff concurs) was presented. he City Clerk reported this has been appealed and she has set a public hearing or December 10. Mayor Morgan asked if there was a second to the motion. :ouncilman Dalla said there is no motion; if they ask for a hearing, we have a earing, don't we? Vice Mayor Van Deventer said it is automatic. Moved by 'anDeventer, seconded by Dalla, this be set for public hearing on December 10. Councilman Cooper asked what the motion was for. Councilman Waters replied to set the public hearing. Motion carried by unanimous vote. Planning Commission Resolution No. 47-85, APPROVING APPLICATION for CONDITIONAL USE PERMIT to ALLOW MODIFICATION of the CONDITIONS OF CONDITIONAL USE PERMIT NO. 1984-6, to EXTEND the HOURS of the business t 916 E. 8th St., Suite 9; Applicant: Wilson Talia; C UP-1985-21 (...involves roposed modification of Condition No. 2 of Planning Commission Resolution No. 8-84, which provides that hours of operation of this store shall be limited to the ours between 9:00 a.m. and 9:00 p.m., Monday through Thursday, 9:00 a.m. through :00 p.m., on Friday and Saturday, and 10:00 a.m. through 7:00 p.m. on Sunday; these hours were imposed pursuant to a recommendation from the Chief of Police; applicant is requesting the hours of operation be extended to 6:00 a.m. to midnight, seven days a week; the Police Dept. has advised that they will not oppose the change provided there be no enlargement of the alcohol display area and the hours of operation revert to those in the original CUP of the Chief of Police deems necessary; the Planning Commission recommends approval and staff concurs) was presented. Moved by Cooper, seconded by VanDeventer, in favor of the Planning Commission's recommendation. Councilman Dalla said, I was gonna ask, can we do it —if it's gonna be modified, can we do it on a temporary basis? Councilman Cooper said he thinks the Chief of Police can verify this; if they have a problem, the Chief can —we can, on his• word, we can go back— revert back to the other condition; Is that right, Chief? Planning Director Post said that would be covered. Councilman Waters said the Police Chief reviewed this request for extended hours of operation and advised that there will —he will not oppose the change providing that there is no enlargement of alcoholic display area and that the hours of operation revert to those in the original CUP if the Chief of Police deems necessary for the public's good; what you're saying to this here particular business here —I mean that he, as he is successful, and as he grows, and most businesses are if they run their business properly, they will grow; and what we're doing, I believe is selling —this is a liquor store, is it not Mr. Post? Mr. Post replied it is a convenience store/liquor store. Councilman Waters continued, slash liquor store? Mr. Post replied it is a convenience store that has a substantial amount of alcoholic beverages. Councilman Waters inquired what kind of square footage he has now; will that be in this here condition? How much square footage does he have now, could you tell me that? Mr. Post replied he has an approved CUP with a floor plan that is all laid out with the square footage; he is locked into that. Councilman Waters said, he's got a combination use then; it is not considered just a liquor store. Mr. Post replied, that's correct. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The Administrative Assistant's SUM MARY OF PUBLIC RELATIONS ACTIVITIES (See Document No. 73039; staff recommends the report be filed) was presented. Ordered filed by unanimous vote. The Asst. City Manager's report concerning LIBRARY HOURS ON SUNDAY (Based on past experience and current needs, the City Librarian does not feel that additional Sunday hours would be cost—effective; staff recommends the report be received and filed) was presented. Ordered filed by unanimous vote. The City Engineer's report on SIGHT DISTANCE PROBLEM at 8TH & "V" AVE. (Re —inspection of the site and review of one of the sketches submitted to the Traffic Safety Com mittee indicates that subject sight distance problem may be improved by adding approximately 12' of red curb as shown; this would reduce Book 66/Page 123 11/19/85 available white curbing to 74'; staff recommends the City Engineer be authorized to have additional curb painted red) was presented.. Moved by VanDeventer, seconded by Waters, in favor of staff's recommendation. Councilman Dalla said we are going to be eliminating some of the white curb and they are not going to be able to park in front; we're just well aware of that so that after we have done that and they show up here on Tuesday night, we can't say we didn't know that that was going to happen. Vice Mayor VanDeventer said there's no way to have both at that one. Motion carried by unanimous vote. The Public Works Director's report on ELECTRICAL AND OTHER MODIFICATIONS AT KIMBALL PARK (During the recent 4th of July festivities, the lack of electrical power, the need for betterment and expansion of the food -serving structures, and the probable reorientation of the midway to a more easterly/westerly direction were discussed; a rough approximation of costs is $25,000 but $25-30,000 should be used as a planning figure; budget estimate of $30,000 for construction will be required, plus $3,500 'for design; staff recom mends funding for the engineering design now at $3,500 and including the dollars for construction in the FY 87 CIP) was presented. Moved by VanDeventer, seconded by Cooper, in favor of staff's recommendation. Councilman Cooper said we have fought this down at Kimball Park for the last 8 or 10 years; uh, I've been involved in this 4th of July celebration probably for 15 years or more, and uh, this is a plan that will make it a little bit more convenient and make it a little easier for the people who do put this thing on and the people that participate in it, and it's something that should have been done probably 7 or 8 or 10 years ago; and uh, he don't agree with the uh staff's recommendation that we put this off until '87 because we're gonna need —and I'll tell you why I say that is because we're gonna need this uh not only for the 4th of July this year, but in September, the Chamber of Commerce is planning on holding another carnival there in lieu of —in preparation for '87; and if we put this in Fiscal Year '87 budget which staff is recommending— uh I'm gonna go beyond that and recommend that we take that money out of reserves and go ahead and do this thing as soon as possible. Vice Mayor VanDeventer said he would second that because it is a major need. Councilman Waters said he would like to talk about that very subject; since we're —across the street we're gonna break ground very shortly for the high-rise and everything which will take up all the parking and everything that we had there originally; there has been some talk of possibly we might have to get a new location; so those things he thinks also should be considered here when we think of spending that $30,000 in the park; and uh if there's —if we. can still adequately use that area, you know after all the parking is gone; uh, where they usually —I don't know where they're going to put their trucks and things of that nature; we should be discussing that and making those plans along with this here modification, uh where they're going to park their trucks and everything. Vice Mayor VanDeventer said he talked to Mr. Christensen relating to that issue and he found no problem; the trucks that were parked across the street he could move into other areas, he thought, with no problem at all; he might have to come in around the baseball field and park on the grass, but he will warranty and guarantee that no damage; and so he thinks to move it from any other location would you know.. Councilman Waters said those things were talked about by other people. Vice Mayor VanDeventer said he thinks the Lions Club has enough pressure on the particular individual to make sure that that is guaranteed to the City of National City. Councilman Waters said, well if we could trust you Kiwanis Club to always make the right decision, I'll go along with that. Mayor Morgan said he is in favor of this because we do need it, but he thought this was done when we did the park; we talked about it at the Council meeting. Councilman Cooper said in defense of the Council, which I wasn't on at that time, they did put in a couple of pods down there of electrical, you know, .and they put in some plumbing and they did some reorganization down there; what we're talking about here is putting better pads in for the people who do have the food stores and putting more electricity; if you look at the plan that they drew up for us, they are putting up pods for electricity over in the field, out of the way of the ballplayers, so it won't interfere with their ball playing, but make It a little bit easier, because it will make it so much easier on our worker that works down there too, because we drive him crazy every year because we're so far away that the electricity, by the tim e it gets to the point is so low, the voltage or wattage or whatever you call it is so low. Mayor Morgan said he thought we checked with the Lions Club and the Lions Club said everything was proper down there. Councilman Cooper said it was six or seven years ago. Councilman Dalla asked if someone could explain to him the reference to the east/west configuration of the midway; are they talking about.. Councilman Cooper said Mr. Williams could probably... Mr. Williams said the main midway is configured north/south along the third base line; you are looking at the potentiality of having a longer midway. Councilman Dalla said, we're not talking about increasing the heavy equipment, or Book 66/Page 124 11 /19/85 moving the heavy equipment onto the non —paved area, are we? right now they've got the heavy stuff on the street. Mr. Williams' said he thinks they still intend to have that on the street. Councilman Waters asked Mr. Williams if he has any ideas where they could put, you know, those big trucks and stuff they have there that uh, they unload their equipment out of; you know we can't let that go on the grass because we have a policy that we want no trucks or anything on there because it breaks up our whole sprinkling system. Councilman Waters continued, could you (Mr. Williams) give some thought about where they could park other than on the grass itself? Mr. Williams replied one place would be over on 16th at the far side of the park; we also have a 12' maintenance road that could be used. Councilman Waters said, let's give some thought of that; we don't want to bust up our whole sprinkler system. Councilman Cooper asked, what about over west of the Pony League field? the area in there? is that what you're (Mr. Williams) talking about? the space in there in the road that goes around there that gets to it where they could come in off of 14th—is It 15th? Vice Mayor Van Deventer said that would be an area that would be useable. Mayor Morgan said on holidays we can move the City cars across the street. Councilman Dalla asked Mr. Cooper when we would need this. Councilman Cooper replied, we would need it this year for the 4th of July; we'll have it ready for the Chamber of Commerce when they have their Heritage Week affair, or whatever they want to have there in September. Mr. Dalla continued, the reason he asked is because there was an urgency in '87 and if we're gonna move it up that we're even putting more pressure on. Did Mr. Cooper intend, in his motion, to authorize staff to proceed and if they need to get some assistance to get it moving and get it to come close to that deadline, that happen. Mr. Cooper replied, yes. Motion carried by unanimous vote. The request of the NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION to SERVE ALCOHOLIC BEVERAGES (The MEA has reserved the Community Bldg. on December 14 to hold their annual Christmas dinner/dance, approximately 250 adults expected to attend; City Building Rental Policy requires that the following be done when alcoholic beverages are to be served: 1. Applicant shall obtain a use permit from ABC, a copy to be filed with Public Works prior to the event; 2. A Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences ] naming the City as co—insured shall be submitted; 3. Security arrangements shall be approved by the Chief of Police; staff recommends approval subject to these requirements) was presented. Moved by VanDeventer, seconded by Cooper, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. The Finance Director's CASH AND INVESTMENT REPORTS for the period ending October 31, 1985 (Staff recommends these reports be accepted and filed) were presented. Ordered filed by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY — No report. MAYOR Mayor Morgan said he has something he questions pretty hard; we're buying that property at 16th & Euclid; we're paying $98,000 for a house; he didn't get into this until he got to checking it out and he finds that we're buying a house; and when that subdivision was put in, we left enough ground there so that we could get Euclid; we knew Euclid would go through there; he doesn't believe there's any use buying that property on 16th and Euclid when we already have land there; he doesn't understand that; somebody will have to explain that where he can understand it, or give him a note on it. City Engineer Stafford said he would give him (Mayor) a report on that. Mayor Morgan said he found out when we passed some of the County regulations that in that regulation, according to the attorney, that food trucks were authorized; we've always been opposed to the food trucks because we want them to come in here and make an investment instead of going and selling this. Councilman Cooper asked if the Mayor was talking about hot lunch trucks. Mayor Morgan continued, we've always had it, and it's been before us three times, and it's always there, and he thinks this was —it was put over on him; he didn't catch it; he's really not in favor of it; he thinks if these people want to come to National City they need to put in an investm ent like everybody else and pay sales tax and license and be part of the community; they come in, and if they don't make any money they go someplace else; it's not permanent business; he thinks we're looking for permanent business; he would make a motion that we take this hot food truck out of the Book 66/Page 125 11/19/85 County regulations we passed some time ago. Vice Mayor Van Deventer said he would second it. Councilman Dalla inquired if the reason we are doing this is because hot food trucks don't have money invested here, or don't do business here. Mayor Morgan said if they want to make an investment in food in National City, he'd like to see them come over here and pick out a location. Councilman Dalla said the reason he asked the question is, he's saying it's the difference between hot trucks and cold food trucks; the cold food trucks don't necessarily operate or have a business or investment in National City do they? Mr. Dalia continued, if that's the reason why we're going to eliminate one, he doesn't know whether that holds any water; do the cold trucks have a business here? Do they have a plant, a garage, a warehouse, and therefore, they should be allowed to operate, but cold trucks don't? he doesn't know. Vice Mayor VanDeventer said we do have some people that operate cold trucks that live in the City of National City, definitely; the other thing is, he thinks the reasonings under hot trucks is the problems that they still have flam mable conditions and a health condition and there's no..; they haven't proven to him that they can keep those trucks clean after they're new, and until that's proven, he doesn't feel that we need those; he feels it will have a vast effect —a lot of people —the same thing we went through last time that have small delis and have small restaurants that are trying to inch out a living by serving the people in their areas with food; and he thinks that is some of the reasons he has — not so much the reason the Mayor has; but he thinks these are reasons that —the reason we don't need hot trucks in the City of National City. City Attorney Eiser said he understands this, perhaps, is directing him to come back; this would be an Ordinance to bring something back for the Council; he would also like to mention that he had conversations with several people about this today and about 3:30, he received a call from an attorney by the name of Jerry Dawson who is representing the Cajon Valley Catering Assoc., and he (Mr. Dawson) asked and he (Mr. Eiser) said he would pass it along to the Council that there be some type of informal hearing set two weeks hence to give him an opportunity to address this; he made no commitments to him, but he did say he would pass it along to the Council. Councilman Cooper said he doesn't see uh how we can sit up here and discriminate —and this is truly discriminating —when you say you can have cold trucks in the City but you can't have hot trucks; uh, he doesn't know what kind of an ordinance he's (Mr. Eiser) going to draft, but it oughta be —it better be a good one cause 1 think you're gonna have some problems with it, because if you —you're gonna keep hot trucks out, you're gonna have to keep cold trucks out too; uh, maybe Mr. VanDeventer says that the people —some of these people that drive these cold food trucks live in National City; he doesn't know of a one of them that has a business in National City; so —I mean if you're gonna discriminate, this is what it is, we've gotta be very careful about this ordinance. Mayor Morgan said when they sell this cold food, they have it wrapped; every bit of it is wrapped. Councilman Cooper said well now you're getting into this sanitary now. Mayor Morgan said Mr. Van Deventer said the same thing; how about the restroom—do they wash their hands?; hot food is different than cold food. Councilman Cooper said he understands that, but now he is getting into the sanitary part of it, but then that's controlled by the Health Dept. in the City of San Diego; if they don't have a health card —they've got to have a health card in order to do it, and if they don't have a health card, they certainly can't come in anywhere; so, 1 don't think we can control that. Vice Mayor Van Deventer said we've had that —this has been on the books; the only reason that this slipped through on us now, we adopted the new County Health Code and then they had reversed theirs and that wasn't brought out to us; and that's the only reason that this slipped through; this individual does not have any license; the City Manager told me before the meeting tonight that he has sent a check, this individual, and applied for it, but he doesn't have a license of tonight. Councilman Cooper asked, a license from where? Vice Mayor VanDeventer replied, from applied here in National City; so this individual... Councilman Cooper said you're not talking about just one individual; you're talking about banning the whole thing here in an ordinance is what you're talking about. Councilman Waters asked the City Attorney if there was any problem of him holding the licenses up for one week. City Attorney Eiser said he has heard conflicting reports about whether there have been licenses issued or not; at the present time, according to the current state of the Ordinances in the City, these are legal businesses; there have been applications, he doesn't think there's any disagreement about that, for business licenses, and his understanding now is that they're being processed through the Finance Dept.; he doesn't really know when the investigation will be completed; there is a procedure now that we've adopted through the County Ordinance that requires an investigation and his understanding is that that's being done now. Councilman Waters said in other words, if we held this up, like one week, and give the attorneys an opportunity to speak and so forth, you'd (Mr. Eiser) have no difficulty holding these licenses up. Mr. Eiser said they should be issued in the ordinary course of events; his understanding is they're Book 66/Page 126 11 /19/85 probably not going to be complete; the investigation won't be complete for at least a couple days anyway. Councilman Waters said, say you do issue them and then an investigation, what type of investigation would deny them under the normal circumstances? Mr. Waters continued, if it exists in the Ordinances now that they can do it, can they come down and ask for a license; he's sure that they're free to go ahead and do it; what he is trying to get around to here, if these ones that are requesting today cannot be stopped legally, see, then I say to you, would it be in order for this Council tonight to set a moratorium on that particular issue until such time as we get this straightened out? Would that be the order tonight to do? Mr. Eiser said that is one way of approaching it. Mr. Waters asked if Mr. Eiser would have any suggestions how we can do that, you see. Mr. Esser said a moratorium ordinance is one way of handling it; he thinks if it were brought back in a week's time, probably the Finance Director could probably indicate better than he (Mr. Eiser) could what the timing is on these; it may be that they wouldn't be issued before then. Councilman Waters said right now it says they can do it; it appears that way. Mr. Eiser replied, yes. Councilman Waters said, okay, I'm asking you then, one simple question, whatever we do here tonight, can we stop it? —it says they can do it. Mr. Eiser said if Council wanted to act this evening, they would have to adopt an urgency ordinance in order to do that. Councilman Waters said that can be done right now. Mr. Eiser said it would take a few minutes to come up with something; there would have to be findings made for an urgency ordinance to take place; there are certain procedural requirements that are part of an urgency ordinance. Councilman Waters said in a case that we don't do that this evening —if we don't do that this evening, then really, in reality, they can, they can proceed; we have no right to deny them the license because it says they can have it subject to the processing; and if they go through the regular legal routine, they can proceed and we cannot stop them unless we set an urgency ordinance —an emergency ordinance tonight. Mayor Morgan said he thinks the attorney should get busy on an urgency ordinance right now. Councilman Waters said action has to be —we have to do it tonight. Mayor Morgan said we'll have an urgency ordinance. Vice Mayor Van Deventer said that way we can come back in two weeks with a hearing and this individual can... Councilman Waters said if we set an urgency to stop it, they can come back in a couple weeks and we'll hear it all. Councilman Dalia said we're going to adjourn, or at least we're gonna have a joint meeting and so there might be some time between now and —instead of adjourning, we can —until next week —we can recess and then reconvene and you (Mr. Eiser) might have something ready; that's a cleaner way —it might be a cleaner way to do it in the long run; otherwise, some people might pursue the procedure and then they're gonna come in and say well we went through all the steps and you denied us, and we've invested time and effort and energy. Mayor Morgan asked if we could adopt an urgency ordinance without Mr. Eiser writing it down. Mr. Eiser said some of the procedures still have to be followed. Councilman Cooper said we have some people in the audience that have their hands raised for some time. BOB McGANN, 225 Paliette St., El Cajon, was present and said he has been issued a license; he came to the licensing department, brought a brochure explaining what a hot truck was, and applied for a permit; two or three weeks went by —the licensing department said they needed to check with the appropriate people to make sure that this was all right. Vice Mayor Van Deventer asked Mr. McGann what the name of his company was that he has a license under. Mr. McGann replied Bob's Hot Food. Finance Director Caloza said he has applications for the only two that he knows of, and it does not include Mr. McGann's business; he has two applications and licenses have not been issued for them yet. Mr. McGann said he does have a license. Vice Mayor Van Deventer inquired if he had a business license. Mr. McGann said he was issued a license and a sticker to put on his truck. Councilman Waters inquired if it was a little white slip. Mr. McGann replied it is gold. Vice Mayor Van Deventer said that is just his receipt. Mr. McGann said he got a receipt when he paid; he also received in the mail a permit with a number on it and a gold decal that goes on the truck. Vice Mayor Van Deventer said that's from the County. Mr. McGann said it says National City on it and he got it from this address. Councilman Cooper said you can't get one of those truck —you're not supposed to get one of those stickers for your truck until you get a business license, so apparently he must have a business license, or a receipt for one. Mayor Morgan said that sticker is for the truck. Councilman Waters said he had to catch a plane in an hour and a half so he would like to be excused. Mr. McGann said he is not operating without a license; he plans to do things in order. Vice Mayor Van Deventer said maybe he can solve this whole problem; we can discuss this the rest of the night; he thinks the point is that we should move to have this thing set for this emergency ordinance and have it come back after the recessing of this meeting cause we have another one supposed to start ten minutes ago; so that way we can move forward. Councilman Waters said, I move in favor. Mr. Eiser said he would like an indication —there's a Book 66/Page 127 11 /19/85 requirement in the Government Code for an urgency ordinance that there be a finding that the urgency is necessary for the im mediate preservation of the public peace, health or safety, as well as the four —fifths vote requirement. Vice Mayor VanDeventer said health and safety. Mr. Eiser asked what specific facts would we be —what health and safety factors would be involved? Vice Mayor Van Deventer replied we're dealing with the health of the individuals that will be receiving the food and the safety would be the operation of that type of truck in National City, you know where they might be actually driving and operating a stove while they're moving. Mayor Morgan asked who would second that. Councilman Waters said he made the motion. Vice Mayor VanDeventer said he would second it. Mayor Morgan said we can discuss this all night; we're going to have to go ahead. Mr. McGann said he put a down paym ent on a hot truck based on the City issuing him the license. Councilman Cooper inquired what they were voting on. Mayor Morgan replied for an urgency ordinance. Councilman Dalla asked, the urgency ordinance is for what purpose? Councilman Cooper said we're voting for him to bring an urgency ordinance. Motion carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: Cooper. Mayor Morgan said he has one other thing —he has gotten several calls and the real estate appraisers that are appraising the property on Plaza are going in and talking about if the people don't sell, they will get condemned; then they would have to hire an attorney and they will come out with less money and that sort of thing; it sounds bad to him; he would like the Manager to tell them that they are only over there to appraise the property, not to tell them all this; he has never heard of that before. City Manager McCabe said he would reinforce that with them. CITY COUNCIL Vice Mayor VanDeventer said December 23 will be the opening —we got the approval from CalTrans for the opening of bid on Euclid Ave. from Plaza Blvd. to 16th St. Vice Mayor VanDeventer said we have moved to set the funds for the senior citizen complex as far as the recreation facility of $100,000 from the City and we'd move Mr. Peterson and Jim Ruiz get together and move forward on that; that would get it —doing the earmarking that we talked about, and that way we would have the plans ready by the time the funds are available. Moved by VanDeventer, seconded by Morgan, in favor of this recommendation. Carried by unanimous vote. Absent: Waters. Vice Mayor VanDeventer said we will have interviews for appointments to the numerous openings on the City committees —the Planning Commission, the Senior Citizens, the Street Tree, Traffic Safety, Civil Service, Park and Recreation and the Sweetwater Authority on the 17th of December; that will give the press plenty of time and the clerk plenty of time to set that at that time; any members that were on the Board, that are sitting on it now, all they have to do is respond in a way that they would like to run again; they don't have to go through the interviews; we settled that the last time. Vice -Mayor VanDeventer said there's a sidewalk between the alley between Roosevelt and Hoover on the north side that doesn't have any sidewalk; the people that coming from the trolley to National City Blvd. have to walk out into the street; it's just a half a block that has no sidewalk; he would like to see the staff bring that back for cost estimate so that we can get that one area filled up. Councilman Cooper inquired where that is. Vice Mayor VanDeventer said where that uh—they make furniture now on 22nd. Councilman Cooper said oh, on 22nd. Vice Mayor VanDeventer said between Hoover alley and Hoover. Vice Mayor VanDeventer said PSI yards, the one we approved for the new steel yard, boy, that's a real disaster; he wishes uh, staff would move forward on it to get it back in line to what it was originally approved for, and if not, to bring it back to us so that we can have the City Attorney move forward on that. Mayor Morgan inquired where it was? Vice Mayor VanDeventer replied, the PSI yard off of 18th and Cleveland. Councilman Cooper said he has a couple of items that are gonna take some time and he would postpone them for next week because we do have another meeting scheduled here tonight. Councilman Dalla said he distributed a policy item regarding the minutes and the tape recordings of the Council meetings, and Council had that before we convened; he doesn't know what the sense of it is, but he would make a motion to approve it Book 66/Page 128 11 /19/85 unless someone would suggest some other alternative. Vice Mayor Van Deventer seconded the motion. Mayor Morgan said he has no quarrel with the way we have been handling the minutes; to have all of this talking in the minutes— The City Clerk said she did not know what Mr. Dalla was talking about. Councilman Dalla said he would get her a copy. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Morgan. Absent: Waters. Councilman Dalla said "We didn't have Mr. Van Deventer's items either but we approved them." City Attorney Eiser reported he had called for a closed session to discuss a matter of pending litigation; he will ask that that not be held tonight; he will bring it back at a different time; there is no urgency. Mayor Morgan called a recess at 5:44 p.m. Council reconvened at 6:45 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Morgan. Absent: Waters. City Attorney Eiser read into the record Ordinance No. 1870, "AN URGENCY ORDINANCE OF THE CITY OF NATIONAL CITY PURSUANT TO SECTION 36937 OF THE GOVERNMENT CODE, PROHIBITING MOBILE FOOD PREPARATION UNITS FROM OPERATING WITHIN THE CITY OF NATIONAL CITY, AND IMPOSING A MORATORIUM ON THE ISSUANCE OF BUSINESS LICENSES FOR THE OPERATION OF MOBILE FOOD PREPARATION UNITS, FOR A PERIOD OF NINETY DAYS." Moved by Van Deventer, seconded by Morgan, Ordinance No. 1870 be adopted. Councilman Dalla said he will support the moratorium, but not because he is convinced that there's a problem with hot food trucks one way or the other; in fact, he is not convinced that there's a problem; but what he is convinced of is that there's a possibility that this Council may take action to change something in existing ordinances, and if we do not at least take a moment, put a hold on everything and look at it and decide what we're gonna do, then we're gonna have a lot of people applying for permits, getting permits, and confusing the thing, and also spending a lot of money on those kinds of things, and we won't necessarily have the flexibility we would if we would step back and look at it; but, he is simply voting to maintain a status quo and give the Council a chance to decide what they want to do and minimize the problems in doing that. Councilman Cooper asked why we would wait so long to do this; why would we wait until the time when people have licenses or have applied for them before we discuss this? Why hasn't this been brought up before? Councilman Dalla said that's a good question; he's not advocating... Vice Mayor Van Deventer said he's the same way; think what basically happened on this; this came through without us having an opportunity to research this item again; he doesn't disagree; all that he would like to do is just have this period of time so we can find out what other cities have done and relating to the total county and what kind of problems that have occurred or haven't occurred; and he is not saying that we're gonna adopt not having hot trucks in National City, but he thinks what we need to do —we need to look at all those issues first; he thinks staff or someone let us down on that when it came through on that Health Dept. when it was changed with the County; he doesn't think that was brought up to us. BOB McGANN returned to the podium and said he does have a business license issued by the City of National City. Finance Director Caloza said he has checked the records and a license was issued to Mr. McGann on November 11. Mr. McGann said he intends to go into this business; he did not put the down payment on his truck and quit his job until the license was issued; he has gotten approval from the Health Dept., the City's licensing dept. and the Fire Dept., as far as he knows, has no statistics on a high rate of fires. Mayor Morgan said what we are doing tonight is setting it down so our staff can check everything out; they will bring back a recommendation. Vice Mayor Van Deventer said the moratorium is 90 days but this will be back in two weeks. City Attorney Eiser said the moratorium is 90 days; Council can bring this back some time within that period. Councilman Dalla said if we did it in two weeks and we made a decision to leave things the way they are, as far as allowing the hot food trucks, the moratium becomes null and void. Mr. Esser said we could then repeal this ordinance; based on this Ordinance, the hot food trucks cannot operate legallyfor this 90—day period or until it's repealed. MUHAMMED , 1308 Windsor Garden Blvd., El Cajon, was present and said he has applied for a license for a hot truck; the Health Dept. said he needed to buy a truck first; he sold his cars and bought his truck; the Health Dept. approved his application and he got a National City business license; he was told this morning by a cold truck driver that the City was going to "shoot him down"; this is not fair; he has a family to support. Mayor Morgan said he is sure this will be back before Book 66/Page 129 11/19/85 the Council in two weeks and Council will make a decision at that time. LANCE BUCkLEY, 3861 Violet, was present and said in 'one minute they are told "You lose."; they are living on a "maybe" after they have been told they can operate here; they have jeopardized their families and their lives; they are asking to be allowed to operate for the next two weeks. Councilman Dalla inquired if there is any way to accommodate and allow the people to operate with the Ordinance as he has it. Mr. Eiser said we could add a provision to allow —to grandfather so to speak —owners and operators who have received a business license prior to today; they could be permitted to operate until December 3. Mr. Caloza said only Mr. McGann's hot food truck is licensed; the others are not. Councilman Cooper inquired when their licenses are due; when will they be issued? Vice Mayor VanDeventer inquired if Mr. Buckley(?) has a license. Mr. Buckley(?) replied yes. Vice Mayor VanDeventer said this is very confusing; they said it's only two licenses and then all of a sudden we've got three people. Mr. Buckley(?) said he has a receipt saying he is going to receive a license; he was told his license could not be issued until the business license inspector gets back from vacation; he was told by a clerk in the Finance Dept. he could operate on his receipt; the other gentleman was told the same thing. Vice Mayor VanDeventer inquired if Cynthia is acting licensing. Mr. Caloza replied no. Vice Mayor Van Deventer inquired who is acting. Mr. Caloza replied it would be himself. Discussion. Vice Mayor VanDeventer asked the City Attorney if Mr. Buckley has a license until he receives his license. Mr. Eiser replied no. Vice Mayor VanDeventer said in other words, this individual doesn't have a license. Mr. Eiser replied, apparently no. Vice Mayor VanDeventer inquired if Muham med had his license in hand. Muham med said he could bring it tomorrow. Vice Mayor Van Deventer said what he had was just a receipt; the license is long and white. Further discussion. Vice Mayor VanDeventer inquired if Mr. Caloza had a license he can issue. Mr. Caloza said he does; he thinks they are out of the decals. Vice Mayor Van Deventer said he believes Mr. McGann and Cajon Valley Catering are licensed. Councilman Cooper said, when a person comes in for a business, do you (Mr. Caloza) issue them the license right then, or do you issue them a receipt in lieu of a license? Mr. Caloza replied, when they initially come to apply, they are issued a receipt. Mr. Cooper said, answer me yes or no, do you or don't you —do you issue a license right at the time? Mr. Caloza said no. Mr. Cooper said, okay, this is what l'm—the point I'm getting at because I've been in business in this City for a long time, or was in business here, and when I paid my money for my business license, I never received a license; I operated on a receipt in lieu of a business license being sent to me; and I feel like that's what these people are doing right here tonight; so you sit there and say these people don't have a license; if they have a paid receipt for that business license, then they —that's the same as a business license in my opinion. City Attorney Eiser asked what the status is of the applicant's as far as the other investigation that has to be done, their meeting the requirements of the County Ordinance. Mr. Caloza said since he is not familiar with this one, he is inquiring from the County what permits they need to have; he has to assure himself that they indeed have a permit; once he gets that assurance, he would have to issue a license. Mr. Eiser said if we want to grandfather these gentlemen, Section 5, this Ordinance shall not apply until December 4, 1985 to owners and/or operators of mobile food preparation units who have applied for and paid the fee for a National City business license, if a business license is issued by the City in - the ordinary course of business prior to said date; in other words, it would not apply until the day after the December 3 meeting if the owner or operator has applied for a license and paid the fee and the license is then issued prior to that date; they still have to go through the application process and they still have to meet the requirements of the County Ordinance. Mayor Morgan said we will have every hot truck get a license between now and December 4. Councilman Cooper inquired if there was any way it could be put in the Ordinance so that no one else can apply before December 4; these three people have applied, and he thinks what Mr. Eiser is doing here now with this revision of the Ordinance is trying to protect these people and let them operate until we can come back and do something; but no others could apply for it; he would like to see that in there. Vice Mayor VanDeventer said, yeah, if we'd do that, I don't see any problem; you know, these guys are between a rock and a hard spot; at the same time, we'd have an opportunity to check everything. City Attorney Eiser said, let me try this language —This Ordinance shall not apply until December 4, 1985 to owners and/or operators or mobile food preparation units who have applied for and paid the fee for a National City business license prior to November 19, 1985, if a business license is issued by the City in the ordinary course of business prior to said date. Councilman Cooper said now he will vote for it. Mayor Morgan inquired if that includes these people here tonight. Councilman Cooper said that excludes them; in other words, they can go ahead and operate. Vice Mayor VanDeventer said, what if you've got another half a dozen down there; that's what he's concerned with. Book 66/Page 130 11/19/85 Mr. Caloza said there are only two pending. Vice Mayor VanDeventer inquired if there were two pending plus these three. Mr. .Caloza replied two of the gentlemen here tonight have licenses pending and two have received licenses; at most there would be four. Vice Mayor VanDeventer said four altogether. Councilman Cooper said four altogether; well we can handle that. Mayor Morgan asked if there was a second. Councilman Cooper said yes, III second that. Councilman Cooper inquired if they were voting on the motion or the amendment; is this included in the motion. Vice Mayor VanDeventer said yes, this is included in the motion. Carried by unanimous vote. ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m., November 26, 1985. carried by unanimous vote. The meeting closed at 7:11 p.m. CITY CLE The foregoing minutes were approved at the regular meeting of December 10, 1985. Corrections No corrections MAY CITY OF NATIONAL CITY, CALIFORNIA