HomeMy WebLinkAbout1985 12-03 CC MINBook 66/Page 141
12/3/85
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
December 3, 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, Mc Cabe, Post,
Stafford.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager Mc Cabe,
followed with invocation by Chaplain Ward, Paradise Valley Hospital.
APPROVAL OF MINUTES
The City Clerk announced that the minutes of the regular meetings of November 19
and 26, 1985 and the minutes of the joint meeting with the Sweetwater Union High
School District Board held on November 19, 1985 had not been distributed.
PUBLIC ORAL COMMUNICATIONS
JAMES MORROW, 2111 Melrose, was present and said he had a new problem in his
neighborhood: rats. He asked that the City contract with the County for eradication
of the problem. The City Manager was asked to check it out and bring it back to
Council next week.
M R. WILLIAMS, BAY PLAZA SHOPPING CENTER, was present and requested they be
given a temporary occupancy permit to allow their major tenant, Federated Stores,
and some other smaller businesses to open for holiday shopping even though they
would not be able to have the traffic signal operational prior to December 27 (they
contracted for the signal in August but the contractor reports some of the hardware
cannot be expected before December 20). Director of Building and Safety Reid asked
that his letter of December 3, addressed to the City Manager be read into the
record:
"December 3, 1985
"To: Tom McCabe, City Manager
"From: Development Services Group
"Subject: REQUEST FOR A TEMPORARY OCCUPANCY PERMIT,
BUILDING "C", LOCATED AT 1420 PLAZA BLVD. IN THE BAY
PLAZA COMPLEX
"The Development Services Group has been requested to issue a Temporary
Occupancy Permit for Building "C" to open for business prior to the
completion and approval of such building.
"Sec. 307(d) of the Uniform Building Code entitled Temporary Certificate
states, 'If the Building Official finds that no substantial hazard will result
from occupancy of any building or portion thereof before the same is
completed, he may issue a temporary certificate of occupancy for the use
of a portion or portions of a building or structure prior to the completion
of the entire building or structure.'
"The Building and Safety Department, member of the Development Services
Group, opposes and recommends Building "C" not be permitted to open as
the following hazards and problems are found to exist:
"The required east and south exits as defined in Sec. 3301 of the
Uniform Building Code are not continuous and unobstructed due to
construction staging, required clear access to a public way, due to
other construction equipment and materials.
"The building exterior is not complete for the following:
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12/3/85
"1. Roofing per plans not installed.
"2. Walks at entrance and required exits not complete.
"3. Exterior lighting on building and in parking lot not operable.
"4. Construction equipment/materials and workers continuously in
the area causing a hazardous condition adjacent to the subject
building.
"5. Construction is actively continuing on the building to the north
and west as well as the entire site.
"The building interior is not complete for the following:
"1. The electrical power was energized for the purpose of testing
equipment related to the building only.
"2. The building permit was issued for shell construction only.
"3. Permission to install interior work, or move merchandise inside,
was not requested or approved.
"The Building and Safety Department has not inspected the interior of
Building 'C' ssince no permit has been issued to m ake tenant
improvements.
"Planning Department, member of Development Services Group com ments:
"The slope banks to the south and west of the project are badly sloughing
due to recent rains and are in need of repair and stabilization.
Considerable landscape work remains to be done. Similar slope work was
deferred on the nearby Safeway parcel. The work was only recently
completed after a significant expenditute of staff time.
"Contrary to approved plans, asphalt sidewalk was installed. This must be
removed and replaced with concrete sidewalks.
"Fire Department, member of Development Services Group comments:
"1. Exit ways including exterior passageways are not completed and
are blocked with construction materials.
"2. Access roadways for fire apparatus are restricted with building
materials, equipm ent and debris.
"To impact the construction site with the general public at this time would
even further reduce the Fire Departm ent's ability to deliver both fire and
emergency serices.
"These are the major issues regarding fire safety at this tim e. It should
be noted that the Fire Department has not conducted a final inspection of
the Federated Store and there may be additional fire safety corrections
required.
"Engineering Department, member of Development Services Group
comments:
"The signal at Plaza Blvd. and 'N' Avenue be fully functional prior to any
occupancy permit."
Mr. Williams said it might save a lot of time I he told Council that their contractor
says he can have the sidewalks in by next week; if the balance of the work can not
be resolved by next week, they will not request the occupancy permits. Moved by
Waters, seconded by Van Deventer, this gentleman not be required to install the
traffic signal prior to opening, but all the other things (in Mr. Reid's letter) be
completed. Discussion re merchants' needs for holiday sales; if Mr. Williams were to
come back with any of the conditions incomplete and ask for temporary occupancy,
the waiver of the signal might be withdrawn. Councilman Cooper said he would not
be able to vote on this as it is a conflict of interest, his residence is adjacent to the
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12/3/85
Councilman Dalla inquired about the the island in the driveway and asked if that had
been checked. City Engineer Stafford replied it was built according to plan; no doubt
there wil be a sign put up; any certificate of occupancy will be issued subject to all
of Mr. Reid's conditions, the sign at the driveway should be put up. Maker of motion
and second agreed this should be included in motion. Motion carried by the following
vote, to —wit: Ayes: Van Deventer, Waters, Morgan. Nays: Dalla. Abstaining:
Cooper.
KATHLEEN vanARUM, 1825 I Ave., was present and said last week she heard a great
deal of rhetoric which disturbed her and that is that we have guest houses that are
overrun with roaches and vermin and suggested that if Council does not have the
power, they should get the power to see that they are eradicated; she was
uncomfortable with the fact that there are children whose beds are overrun with
roaches.
The City Clerk read the Mayor's letter to the City Attorney into the record:
"December 3, 1985
"To: City Attorney
"From: Mayor Morgan
"Subject: City Owned Property at Plaza Boulevard and 805
"You talked to me about Jimmy's Restaurant that 1 own on
Plaza Boulevard and 805 and the property that the city owns that is for
sale directly behind my property. I believe that you said that if I would
eliminate the 5% gross sales language from my lease, then the city could
sell their property. I have no quarrel with eliminating that 5% gross sales
language from my lease as long as I retain negotiating powers and remain
in complete control of my own property.
"You can proceed with the sale of city owned property if this
can be worked out. I see no problem with the city selling the property
and I don't want to stand in the way. "
ADOPTION OF RESOLUTIONS
Consent Resolutions, Resolutions Nos. 14,804 through 14,810.
Mayor Morgan requested Resolutions Nos. 14,804 and 14,808 be pulled from the
consent resolutions. Councilman Waters requested Resolution No. 14,805 be pulled
from the consent resolutions. Councilman Dalla requested Resolutions Nos. 14,809
and 14,810 be pulled from the consent resolutions. Moved by VanDeventer, seconded
by Waters, the Consent Resolutions (Resolutions 14,806, 14,807 only) be read by title
and be approved. Carried by unanimous vote.
Resolution No. 14,806, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR
UTILITY COSTS OF RENTAL PROPERTIES." See Consent Resolutions above.
Resolution No. 14,807, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING CHANGE ORDER NO. 1 FOR THE CONSTRUCTION
OF HARBOR DRIVE AND 8TH STREET PROJECT." See Consent Resolutions above.
Resolution No. 14,804, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY
SPECIAL PERMIT AT 1417 PALM AVENUE (Arvid Skog)." City Engineer said the
report is not complete as it stands; he would recommend denial as there are only
about ten ft. Moved by VanDeventer, seconded by Waters, this be held over for one
week. Carried by unanimous vote.
Resolution No. 14, 808, "RESOLUTION AUTHORIZING EXTENSION OF AN
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LOWER SWEETWATER
FIRE PROTECTION DISTRICT TO PROVIDE FIRE PROTECTION." Mayor Morgan
asked why the recommendation is for three months and not a year. Fire Chief
Kimble explained the District has exhausted their revenue; in ninety days, they may
come back with that recom mendation. Moved by Morgan, seconded by Waters,
Resolution No. 14,808 be adopted. Carried by unanimous vote.
Resolution No. 14,809, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA, AUTHORIZING AMENDMENTS TO THE GRANT
AGREEMENT FOR KIMBALL TOWERS, NATIONAL CITY, CALIFORNIA." and (See
last paragraph, page 148)
Book 66/Page 144
12/3/85
Resolution No. 14,810, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING REVISIONS TO THE
OWNER/GRANTEE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA AND THE CITY OF
NATIONAL CITY, CALIFORNIA, AND AUTHORIZING EXECUTION OF SAID
AGREEMENT, AS REVISED." Moved by Dalla, seconded by VanDeventer, we hold
these resolutions until after completion of the CDC agenda. Carried by unanimous
vote. (See first paragraph, page 149.)
Resolution No. 14,805, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY
SPECIAL PERMIT AT 901-903 18TH STREET (Dennis Lazzaro)." Discussion re
possibility of cars parked across sidewalk. Moved by Waters, seconded by Waters,
this be laid over to next week. Carried by unanimous vote.
OLD BUSINESS
The Director of Public Works Director's Report of COST ESTIMATE for FENCING
Public Works Employees PARKING LOT ("...cost estimate for fencing the employees
parking lot at Public Works with ornamental iron fencing as opposed to the chain link
fencing proposed with original report...cost difference will be limited to the materials
and their installation costs...costs for enclosing the parking lot in ornamental or
wrought iron fencing...$21,500...estimate obtained without benefit of an 'on site'
evaluation and therefore the numbers are somewhat 'soft'...the six foot ornamental
iron fence will not provide the same degree of security...would be more aesthetically
pleasing.") was presented. Discussion. Moved by Cooper, seconded by Waters, this be
held over until next week. In discussion it was stated that staff obtained a cost that
would enable City to go to bid; it is customary to get a price before the bid process.
Councilman Cooper said there are people in the City who can do this work and he
would like to see a price from them. Motion carried by unanimous vote.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 22,
dated 11/26/85, in the amount of $556,822.57 (Warrants Nos. 90112 through 90171)
and CERTIFICATION of PAYROLL for the period ending 11/15/85 in the amount of
$291,761.85 was presented. Moved by Waters, seconded by Cooper, the bills be paid
and warrants drawn. Bills carried, by the following vote, to —wit: Ayes: Cooper,
Dalla, VanDeventer, Waters. Nays: Morgan. Payroll carried, by the following vote,
to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters, Morgan. Nays: None.
The CLAIM FOR DAMAGES of EVANGELINA CAMARENA on behalf of IRENE
MARIE CASAS, ROBERT CASAS and ERNEST ROMAN LOPEZ, date of occurence
September 30, 1985, filed October 25, 1985, was presented. Moved by Dalla,
seconded by Van Deventer, the claim be denied and referred to the City Attorney.
Carried by unanimous vote.
APPLICATION for ON —SALE BEER AND WINE LICENSE (Type 41) of the China First
Restaurant, 2424 Hoover Ave., Bldg. 5A, Suite F & P (Police, Planning and Building
Depts. find no grounds for objection) was presented. Moved by Cooper, seconded by
VanDeventer, in favor of this application. Carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan.
WRITTEN COMMUNICATIONS
The request of the NATIONAL CITY CHAMBER OF COMMERCE to use the Kimball
Communiity Building and to serve alcoholic beverages at their Annual Dinner Meeting
on January 25, 1986 fro m 6:00 p.m. to midnight was presented. Moved by
VanDeventer, seconded by Waters, in favor of this request subject to their furnishing
special events insurance. George Webster, NCCOC, was present and stated they had
the necessary insurance. Carried, by the following vote, to —wit: Ayes: Cooper,
Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan.
OTHER BUSINESS
The Finance Director's request for ratification of Warrant No. 89807, in the amount
of $536.12 (...originally presented at the meeting of November 12, 1985 where it
failed ratification by the following vote: Ayes: Dalla, Waters. Nays: Morgan.
Abstaining: VanDeventer. Absent: Cooper.) Moved by Waters, seconded by Cooper,
in favor. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters.
Nays: Morgan. Abstaining: VanDeventer.
The Finance Director's Report on MOBILE FOOD PREPARATION UNITS, Hot Trucks,
(Document No. 73112) stating the Issue (Should the City Council allow mobile hot
food preparation units to operate within the City...), Background (...In August, 1982 ,
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12/3/85
the City Council adopted Ordinance No. 1782 which adopted by reference County
Ordinance No. 6378 allowing the operation of mobile food preparation units within the
City...), Analysis, Conclusion and Alternatives (A. Allow full operation of mobile food
preparation units with National City. B. Disallow the operation of mobile food
preparation units within National City. C. Allow operation of mobile food
preparation during special events only.), and attached letters from other agencies was
presented. DONALD O , Exec. V. P., Co., 2200 Cleveland, was present and
said they were only allowed a half—hour break for lunch, if they did not have hot
food trucks, there would be no way for himself and the rest of the employees to
have a hot lunch. DAVID Mc CALL UM, S.D. Catering, 9360 Dowdy St., San Diego,
was present and said they run cold trucks primarily, sixty trucks leased out as family
businesses; he was very much opposed to hot trucks; they are unsafe; he had done his
homework on them; he has gone to Los Angeless and ridden on them; on his first run,
the brakes had to be applied suddenly and they almost had a bad accident as a
result. Mr. McCallum introduced Joel Despenza(?) of Los Angeles, former food truck
inspector for the Counties of Los Angeles and Santa Barbara. M R. DESPENZA, 1499
Claywood Ave., Los Angeles, said he had been a food truck inspector, working in
San Diego, Los Angeles and Santa Barbara Counties; he distributed handouts to
Council, which indicated the likely violations one will find on hot food trucks, the
requirements for hot food trucks and other statistics compiled by various regulating
agencies. Mr. Despenza spoke at some length regarding violations he had been aware
of while an inspector, including the number of cases prosecuted, the need for
adequate regulatory ordinances at the county and city levels; and the fact that the
m enus posted on the trucks misrepresented the foods sold ("Cheese" when they are
serving a processed cheese food, etc.) Mr. Despenza spoke for about fifteen minutes.
In answer to Councilman Waters' question, Mr. Despenza said he was currently self—
employed as a consultant. JAMES JENKINS, employee of Western Lumber, 2745
Tidelands Ave., was present and said he would like to tell Council how the working
class feels about it; when forced to eat from these trucks, he would rather have hot
food; the only hazards he had heard discussed were to the operator. In answer to
questions from Council, Mr. J enkins said everyone at Western Lumber uses the trucks;
they had been eating off the cold trucks but now that the hot trucks have come,
they use them; they have 10 minute breaks and a half—hour for lunch (they do not
work on a piece system) and all he was asking was for Council to allow them the
opportunity to choose. Mr. Waters asked for a show of hands of those people in the
audience who work on the west side and use the trucks. About twenty hands were
raised. Ron , 1233 Harbison, employee of Western lumber, was present and
said he has worked at Western for ten and a half years; the cold trucks have done
good service and they are doing a good job for what they do; but they would like the
availability of both kinds of trucks so they could make their own choices; the only
complaint he heard about the danger of the hot trucks was the safety inside the
trucks and if that is true, you would have to ban motor homes; this is not to put
down the cold trucks; they do a good job; but they would ask why Council does not
require that all of the requirements be met before they are licensed and that they
be limited to only the west side of the City. GERALD SOLOMON, 269 E.
Lexington, El Cajon, an attorney representing Cajon Valley Caterers who are licensed
in the City, was present, distributed some literature and invited Council to adjourn in
order that they might inspect a hot truck which they had parked in the parking lot;
as with anything new and different, there are myths; the first myth is that hot truck
operators are gypsies and take the money and run; he had a letter from Bowes
Commissary located and licensed in National City, where they purchase their foods
and equipment; Cajon Valley Caterers sell the trucks to the operators and train them;
the individual operators also purchase their gas in National City, which derives the
gas tax money; they also intend to repair their vehicles locally; also the myth that
trucks such as these are unsafe or unhealthy has no foundation; there are fifteen
cities in San Diego County which allow hot trucks. Mr. Solomon referred to a letter
from the Mayor of the City of El Cajon stating they have had no problem with the
trucks. Mr. Solomon said they have contracts with fire departments in the County
(including National City) to be present and serve food at all multiple alarm fires.
Mr. Solomon gave copies of petitions containing signatures of 800 users of hot trucks
on the west side and suggested Council grant them a trial period of six months.
Discussion. MOHAMMED BAYRADI(?), said he was licensed and operating in National
City and said he was not cooking while driving; he buys from and parks at Bowes
Co m missary. CAROLINE ----, 4261 M onroe, La Mesa, was present and said she
drove a hot truck in La Mesa for one year and you have to cook while driving.
LANCE B U C K L E Y, was present and said he started with a cold truck when he was
nine (helping his father) and he is now driving a hot truck and is twenty—one; he can
cruise in a hot truck and people follow him; in a cold truck, people run away from
him; they have invested a lot of money and time in these; he got 800 signatures on a
petition in favor of hot trucks in six days; his cook does not stand up and cook while
in transit because his insurance will not allow it; cold trucks are on the way out; this
Book 66/Page 146
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Mr. , owner of Cajon Valley Catering, was present and said he could answer the
questions about how much could be served in a given time; last year the question
came up at the El Cajon City Council and they invited him and Mc Donalds and
Burger King to compete; McDonalds said "No way;" they set up in Parkway Plaza
Shopping Center; he and his son worked from two trucks and in four hours served
5,400 hamburgers and 8 oz. cups of coffee.
Mayor Morgan called a recess at 5:28 p.m. Council reconvened at 5:36 p.m.
ROLL CALL
Council m embers present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
JOE STR , Hartley Meat Co., National City was present and said they have lunch
breaks every day and a lot of their people go for coffee; their company is under
federal meat inspection and their meat inspector eats off the Cajon Valley Truck
because they serve pure beef patties which they purchase from Hartley; the meat
inspector knows he is getting good meat; they are in favor of the hot trucks. BOB -
, 225 Palette, El Cajon, was present and said he was not going to allow his cook
to stand while he was moving; he checked out the laws; he is in a bind if Council
does not allow him to operate; his cook has not been hurt in two years and she has
no scars; she spends a couple of hours cooking before they go out; he used to work
for Cajon Valley Catering. GERALD DAWSON, attorney, was present and said
Council had not heard from David Horowitz; Cajon Valley is operating 25 trucks; it is
simply a paper tiger for them to come here and tell you horror stories; it (the
opposition) is coming in particular from Moody's; it would be appropriate for you to
satisfy yourselves this is the best way to provide service to the working man; limit
the area to the west of National City Boulevard for a six month trial period; you
will be doing the working man a favor in that he can have a cooked m eal.
ELIZABETH , 2139 Lanoitan, was present and said she drives a truck for
Moody's; if Council considers licensing Cajon Valley Catering, they will also have to
license Moody's; Mary J's Cafe has been the only restaurant operating in the
industrial area; the business has fallen off because of the hot trucks; Mary J's has
been there for a long tim e; also Cozines is hurting and they have been there for 52
years. SANDRA HOCKINS, 1005 , El Cajon, was present and said she operated
a cold truck in the Mile of Cars; she cannot believe he said he did business at Lamb
Chevrolet; she also ran a hot truck for about a week and found it unsafe and
unsanitary; she is back to driving a cold truck as she has for 12 years; Moody's does
tens of thousands of dollars of business with Lamb Chevrolet for parts to service
their trucks; they do have formal inspection service once a year; the inspectors come
out from time to time and if you don't meet their standards, they confiscate your
inventory. In answer to Council's questions, Ms. Hockins said she leases her truck
from Moody's and stocks it herself; she does not like hot trucks because they are
unsanitary and block traffic. Mayor Morgan said there had been three hours of
testimony and Council needs to make a decision. Vice Mayor Van Deventer said what
bothered him more than anything are two things: we have people in business in the
City paying property taxes and business tax and they will be hurt by this; his other
concern was that as long as the trucks are all new it is fine, but when the trucks
get old and without a code enforcement officer to enforce regulations —a couple of
years from now when problems start coming up, the fall -back will be on National
City; there are too many considerations and at this point he could not vote to
approve the hot trucks. Councilman Waters asked Finance Director Caloza if he had
a list of cold trucks licensed in the City and was told he did not know. A Moody's
employee called out "there are approxim ately nine." Councilman Cooper said he
could appreciate the employees wanting a hot lunch, but his big proble m is
enforcement; it is fine to have new trucks, but 4-5 years from now the trucks will
need to be repaired; he cannot believe that people who invested as m uch as these
people say they invested are going to turn them over before six years; he talked to a
man from the County who said he didn't think it would be a problem, but he thought
enforcement is going to be hard to deal with; two weeks ago he stood up for the
fellows who had a license because he wanted to talk about it; but he cannot go along
with it. Councilman Waters said he thinks our City staff should know how many
trucks we have in town; we have regulations on how many taxicabs we can have in
town; without knowledge of how many we have, he thinks we should set it up to a
certain number; then we could know when they are broken down or whatever; we
should limit the total number. Vice Mayor VanDeventer said earlier some one spoke
of fees and asked what is the maximum fee we could charge? Could we amend our
C ity business license fees? City Attorney Eiser said that would be possible.
Councilman Dalla said we limited the number of cabs for years, then there was a
court decision and he did not know whether we have the power to lim it these trucks.
City Attorney Eiser spoke of anti-trust laws and said certain im munities have been
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conferred by state legislation; it has been held in the matter of taxicabs but he was
not sure it applies to trucks; he did not know if the limit would be set as a
challenge if we were to limit the number of trucks; for example, for special events
would be a permissable type of thing to do. Councilman Dalla asked what if we
authorized a limited period of time. City Attorney Eiser said that would be a valid
restriction also; some people already have licenses and that is a concern when we
talk about limiting them; Mr. Solomon mentioned a six month trial period and that
would appear to be reasonable. Discussion. Moved by Van Deventer, seconded by
Waters, against hot trucks. Councilman Waters said maybe it could be referred back
to staff for ninety days. Councilman Cooper said the City does not have the money
or the manpower; he does not believe the County can do it efficiently. City
Attorney Eiser said there was evidence on both sides and he thought it was sufficient
for Council to make an informed decision. Councilman Waters said there was a
motion on the floor to deny and staff to study for ninety days and bring back a
report. Councilman Dalla said maybe we are trying too hard to find a reason to
deny; he did not think it was easy to do; one reason is health and safety and then
we go on to enforcement so it seemed to him that if the County needed to hire
additional people to do it, they would pass the added costs of the fees on to cover
the added employees; we are basing our decision on the basis of the cost of
enforcement; you cannot deny it because you don't like the way some people do
business; Council is going to make a decision that will interfere with competition and
free enterprise; Council can talk about local restaurants and he could tell Council
about that; 7—Eleven started serving food and he was sure when they did that they
did that they were taking business away from cold trucks and now their business is
being threatened by hot trucks...Vice Mayor VanDeventer said he was also concerned
with cold trucks and they should be included in the study to see if they are also
causing problems. Councilman Waters he had one thing to say: that was a cute
speech by Mr. Dalla, he is the most negative person on this Council; when you adopt
a law, you do it with proper hearings; there are basic considerations; now the City
Council should take the time out to have the City Attorney draw up good ordinance
for the operation of these trucks and he thought Council should give staff ninety days
and Council can adjust the license fees accordingly...City Attorney Eiser said there
was no conflict; his understanding is that there is to be a new permanent ordinance
to prohibit these trucks from operating in the City. Councilman Dalla asked if it
wouldn't be the proper thing to do to set this for a definite period of time to allow
recommendations to be brought back; doesn't it make sense to get the answers and
have them tell us about the issue. Vice Mayor VanDeventer said at this point he
could not vote for this. Attorney Gerald Dawson come forward and said he objected.
City Attorney Eiser said there is a moratorium ordinance and it would be his
intention to come back next week with a permanent ordinance. Motion carried, by
the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays:
Dalla. Councilman Waters said back to the ninety days, within ninety days Council
would like to have back the study on cool trucks as well as hot. Vice Mayor
VanDeventer said regarding the report on both the cool and hot trucks, you have to
get information to staff within ninety days, the total issue of the lunch trucks.
Councilman Waters said Mr. Dami is in the audience and he would like Mr. Bolint to
give a breakdown on whether he has complied with the law or not —he has obtained
all necessary permits...Director of Planning Post said the last dealing the City had
with Mr. Dami was when he was denied a CUP to allow him to obtain a beer and
wine license, so far as his grocery permits are concerned they are okay. Councilman
Waters said the reason the CUP was denied was that we couldn't give a license to
anyone who was violating the law; when he talked to me, I had Mr. Bolint check with
everyone and we find he has met all requirements; he told me his business is hurting;
he said when a mother comes down for eggs, she usually gets a six—pack for dad.
Vice Mayor VanDeventer said he remembered that we turned him down because of
over —saturation. Dir. Planning Post reported at length all of the problems Mr. Dami
had had with the Building and Planning Departments. DONALD F. McLEAN, attorney
representing Mr. Dami, was present and said Mr. Dami asked him to appear for him,
when Mr. Dami gets excited he sometimes doesn't say what he intends to say: the
first tim e he heard about his problem was in connection with...City police he had to
cooperate but didn't want to get involved because it wasn't his problem; however, he
felt responsible to do what is right and he...Mr. McLean continued, saying he had a
speech about a poor immigrant boy who comes here and gets an education and finally
starts to make a little money; and then he had to move because of downtown
redevelopment and he went over to Highland Avenue with affordable rent and he had
the one thing he needed to make money denied him by the City, the City that
originally caused him to make the move. Mr. McLean went to the blackboard and
listed Mr. Dami's comparative monthly income both before and after he moved from
his original store and said Mr. Dami is making only 1/3 to 1/4 of what he made at
the original store; I asked him if that meant he was doing all that much business in
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sales; the answer is that he did not; the problem is that he lost the draw; the buyer
gets off the bus and stops to buy a loaf of bread and may also buy a bottle of wine;
people don't want to shop where they can buy only part of their needs. Mr. McLean
said Bill Gamble Co. has Ticketron sales in their shops; they do not make any money
from the sale of tickets and those ticket sales are a pain in the neck; but the ticket
sales are a tremendous traffic builder; people who come to buy Ticketron may buy a
tie or a shirt. Mr. McLean said all the time Mike Dami had his business on
National, he never had any trouble; if he was going to violate the law that is the
area where he would have done it; he is in a position now where he cannot compete
and he will have to close down if he cannot be given some relief. Vice Mayor
VanDeventer said we subsidized him some ;40,000 to relocate. Mr. McLean said he
looked all over town, in Imperial Beach, Chula Vista, all over and finally found his
present location on Highland Avenue; all he is asking for is the sale of beer and
wine; the facts of the Dami case and justice and rights; he wanted Council to know
the facts before they turned him out of town. Councilman Dalla said Council should
not be surprised if this particular matter ends up in court; he wanted to point out a
few things: when Mr. Dami left his place of business, it was a saturated area; when
he had to leave downtown nobody knew if Mr. Dami was opposed; he told Mr. Dami
his decision had nothing to do with anything he had done but was based on the
number of licenses in the area; he indicated he might not open at his new location,
but he did; if we grant the liquor license, he might move and take the license with
him; the number of licenses in that location has not changed. Councilman Cooper
said when he first appeared he thought when he was uprooted from the first place of
business the City was doing him a disservice. Moved by Cooper, seconded by Waters,
Council should reconsider and let him re —apply. Councilman Waters, speaking to Dir.
Plan. Post, said that is the first time I have seen you move so fast to make a point
against an individual and asked how m any liquor licenses are turned down in this
community, five or six. Mr. Post said he did not know but it was probably five or
Tess. Motion carried by the following vote, to —wit: Ayes: Cooper, Waters, Morgan.
Nays: Dalla, VanDeventer.
CITY MANAGER
The City Manager reported there was an additional agenda item having to do with
MEDICAL/HEALTH INSURANCE FOR THE EMPLOYEES; there are recommendations
of support from all three employee associations to change their current Travelers
insurance plan to TRAVELERS PPO-5% DECREASE PLAN. Assistant to the City
Manager/Personnel Schulman was present and recommended the change to the PPO-5%
PLAN be made. Moved by VanDeventer, seconded by Cooper, in favor of the
recommendations. Carried by unanimous vote.
CITY ATTORNEY — No report.
OTHER STAFF
The City Clerk distributed copies of her report on AN ACCOUNTING OF WORK
HOURS IN THE OFFICE OF THE CITY CLERK, November 20 through December 3,
1985 (See Document No. 73113).
MAYOR
Mayor Morgan asked if it was legal for the City Manager and members of the
Council to sit at Council meetings and tape the proceedings; he was a little
uncomfortable with it. City Eiser said it was legally all right.
CITY COUNCIL — No report.
Mayor Morgan called a recess at 6:53 p.m. Council reconvened at 7:32 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
ADOPTION OF RESOLUTIONS ContVd
Moved by VanDeventer, seconded by Waters, we adopt Agenda Items 5 and 6 by title
only. Carried by unanimous vote.
Resolution No. 14,809, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA, AUTHORIZING AMENDMENTS TO THE GRANT
AGREEMENT FOR KIMBALL TOWERS, NATIONAL CITY, CALIFORNIA." Moved by
Cooper, seconded by Waters, Resolution No. 14,809 be adopted. Carried by unanimous
vote.
Book 66/Page 149
12/3/85
CITY, CALIFORNIA, AUTHORIZING REVISIONS TO THE OWNER/GRANTEE
AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY, CALIFORNIA, AND AUTHORIZING EXECUTION OF SAID
AGREEMENT, AS REVISED." Moved by Cooper, seconded by VanDeventer, Resolution
No. 14,810 be adopted. Carried by unanimous vote.
Moved by VanDeventer, seconded by Waters, the meeting be closed. Carried by
unanimous vote. The meeting closed at 7:35 p.m.
CITY CLE
The foregoing minutes were approved at the regular meeting of December 17, 1985.
Corrections No corctions
AYYbR
CITY OF NATIONAL CITY, CALIFORNIA