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HomeMy WebLinkAbout1985 12-10 CC MINBook 66/Page 150 12/10/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DECEMBER 10, 1985 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Chaplain Bill Ward, Paradise Valley Hospital. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of November 19, 1985, the Joint Meeting with Sweetwater Union High School Board of November 19, 1985 and the regular meeting of November 26, 1985 be approved. Carried by unanimous vote. PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamation be read by title only. Carried by unanimous vote. The Mayor's proposed Proclamation, "HUMAN RIGHTS DAY" — December 10, 1985, was presented. RICHARD SCHULMAN was present and said he objected to the second paragraph. Discussion. Moved by Waters, seconded by VanDeventer, this be referred to the City Attorney to study and be brought back next week (amended motion). Discussion. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Mayor Morgan reported public works employee Bob McConkey has been with the City for 35 years; he will personally present a 35—year pin to Mr. McConkey. Mayor Morgan called an Executive Session in regard to threatened litigation at 7:08 p.m. Council reconvened at 7:32 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. CURT WILLIAMS, BAY PLAZA SHOPPING CENTER, was present to request a TUP for Federated Stores, and distributed photographs indicating the progress that has been made since last week. Councilman Cooper said he would abstain on this issue because he has a conflict of interest; his home is adjacent to this project. Building & Safety Director Reid said staff made an inspection at 4:00 p.m. yesterday, and outlined the progress made. Mr. Reid read the Fire Chief's report and said the Fire Chief has no objection to the issuance of a TUP, but all requirements must be completed within a 30—day period. Planning Director Post said the Planning Dept. has two concerns: the cleaning up of the parking lot and the slope banks adjoining the property. Discussion re the posting of a bond. Planning Director Post said a bond has been posted for public improvements. Councilman Waters inquired if a public improvements bond would cover this issue. Planning Director Post said he did not know. City Engineer Stafford said if it is a bond for off —site improvements, he does not think it would cover this type of thing. Further discussion. Moved by Morgan, seconded by VanDeventer, we authorize this project to proceed and allow Federated to open if they post a $15,000 bond, to be approved by the City Attorney. Mr. Williams requested that Mr. Reid's department make another inspection on Thursday and verify that all the loose ends are tied up. Mr. Reid said he would do that. Further discussion. CARL STARETT, Vice President, R. E. Hazard, was present and said in addition to the bond, they also have Handyman Store and Building E; Mr. Williams is only asking for a TUP for a Book 66/Page 151 12/10/85 portion of the center. Further discussion. Councilman Dalla inquired, if we proceed with the bond, would that enhance the City's liability if the store is opened and there is a problem with the slope bank. City Attorney Eiser said he would think that since it is on private property, we would not have a liability problem. Further discussion. Motion carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters, Morgan. Nays: None. Abstaining: Cooper. PUBLIC HEARINGS The PUBLIC HEARING on 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 (...involves the proposed development of a drive—thru automobile lubrication and oil change business 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.; the project site is zoned CG—PD; staff has consistently discouraged automobile service establishments from locating east of Highland Ave. and cannot support this development for the following reasons: 1. Proximity of this development to existing residential; 2. Adjacent vacant properties to the northeast are proposed for residential development; 3. The integrity and quality of the neighborhood commercial and residential environment would be jeopardized by this type of development, which has a regional service area and is not functionally related to surrounding properties; see Document No. 73123; the Planning Commission approved subject to three conditions; staff recommends denial) and the PUBLIC HEARING on 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 (see above and Document No. 73124; the Planning Commission approved subject to 19 conditions; staff recommends denial) were held at this time. Planning Director Post said the Planning Commission recommends approval, but staff is recommending denial. BLAIR DAHL (representing Minit Lube), 856 Connors, Salt Lake City, Utah, was present and said Minit Lube was recently purchased by Quaker State and has 100 stores around the country; they take pride in their training programs; they strive for fast service at a fair price; they do not sell a product, but a service; their centers are clean inside and outside; they are being compared to the typical automotive repair business and that is an unfair comparison; each center in the chain must meet certain standards; if a franchiser does not comply, they can terminate the franchise agreement and the store would become a company store; they have done a demographic analysis of National City and have found that their potential customers are on the east side of town and most of their customers would be women; he feels they do a good job and they would like to do business in National City. RICHARD MILLER, 2130 Garnet, Pacific Beach, was present and said many years ago he invested in a small lot in National City which is right next to a service station; there are not a lot of things that can be built on that lot; there are no homes that are very close to it; people have dumped trash on his lot, and used it to change the oil in their cars; he has turned away a lot of unsuitable users; Minit Lube is a good clean operation; this is a good convenient location for this business and he requests approval. No one else was present to speak in this regard. Moved by Cooper, the Public Hearing be closing and this be approved subject to the conditions of the Planning Commission. Motion died for lack of second. Mayor Morgan said he thinks this is the wrong location; he would welcome this business in a different location. Councilman Cooper said he thinks Council sees this as an automotive operation; he looked at the one on Convoy St. and it is a clean operation. Moved by Morgan, seconded by VanDeventer, the Public Hearings be closed and staffs recommendation to deny be approved. Carried, by the following vote, to —wit: Ayes: Da11a, VanDeventer, Waters, Morgan. Nays: Cooper. The PUBLIC HEARING on APPLICATION for CONDITIONAL USE PERMIT to ALLOW the SALE of BEER AND WINE (Type 41 Liquor License) as an INCIDENTAL USE to a RESTAURANT at 543 Highland Ave.; Applicant: George Ury and Nazario Madrigal; CUP-1985-20 (This application is for the proposed sale of beer and wine as an incidental use to a restaurant which is 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 [ under different ownerships ] for twenty years; at the Planning Commission hearing, the Commission expressed concern over the number of requests being received for establishments on Highland Ave. to sell Book 66/Page 152 12/10/85 alcohol and the number of existing outlets that there are in the area; they were especially concerned because of the close proximity of residential uses to the project site; they also expressed concern regarding the numerous changes in ownership in this restaurant over the past few years; they felt that no stability in ownership had been shown; the Police Dept. reviewed this application and will not protest issuance of the CUP provided there is no bar, no live entertainment, no dancing and the restaurant closes at 10:00 p.m.; the applicant has stated that they will close before 10:00 p.m. and there will be no loud music; see Document No. 73127; staff concurs with the Planning Commission's denial) was held at this time. Planning Director Post said the Planning Commission recommends denial; there is one additional condition staff would recommend if Council approves this application, and that is to remove the existing rooftop sign. DR. GEORGE URY, 551 Highland Ave., was present and inquired if it would be possible to continue this to some later date to allow the operator of the business to conform to those regulations, and then bring it back to Council. Discussion. Dr. Ury continued, he would suggest that Council put restrictions on this; perhaps alcohol could only be served with a meal under regulated conditions, and only up to a certain time; he would suggest restrictions on service and hours. Discussion. Councilman Waters inquired if we could add a stipulation that in the event that this business closes, the license could not be transferred. City Attorney Eiser said that would be making the CUP personal to the applicant rather than having it run with the land and that would not be permissible. Dr. Ury inquired if the decision could be delayed for six months to allow the business to become established and see if he complies with all the rules and regulations set down. Councilman Cooper inquired if the CUP could be denied without prejudice. Vice Mayor Van Deventer inquired if Dr. Ury was requesting that the operator be allowed to run a restaurant without alcohol for six months. Dr. Ury said six months to a year, and then come back to Council. Further discussion. Moved by Van Deventer, seconded by Waters, the Public Hearing be closed, and this application be denied without prejudice. Discussion. Carried by unanimous vote. The PUBLIC HEARING on VACATION of PUBLIC WAY — VESUVIO WAY, an unimproved street lying between the southerly line of the South Bay Freeway and Valley Road, and portions of Valley Road lying between Avenida San Miguel and a point approximately 950' westerly thereof (On November 12, 1985, Council adopted Resolution No. 14,792, giving notice of intent to vacate and close Vesuvio Way and portions of Valley Rd.; the applicant proposes to realign and straighten Valley Rd. west of Avenida San Miguel to increase sight distance and radius of curves; he also proposes to utilize the area of the unimproved Vesuvio Way [ a 40' wide paper street] in conjunction with the development of adjacent properties; the new alignment of Valley Rd. will provide a longer radius curve at its intersection with Avenida San Miguel and provide a 40' travelway on a 60' right—of—way; the existing right—of—way is 40'; Vesuvio Way is an unimproved paper street Tying between the southerly line of the South Bay Freeway and Valley Rd.; it is not needed for access to the Bonita Valley condominium project; the realignment and increased width of Valley Rd. as well as the vacation of Vesuvio Way is discussed in the Addendum to the Valley Rd. Annexation Environmental Impact Report; the realignment and vacation are shown on the Bonita Valley plans and maps for the Planned Unit Development, Specific Plan and Subdivision; the Title Report prepared by Safeco Insurance Company indicates that the underlying fee title to the area proposed for vacation is vested to the applicant; the California Environmental Quality Act requires that the Council consider the Addendum to the Valley Road Annexation EIR when making a decision on this street closing; the Valley Road EIR and Addendum were considered by the City Council on November 12 in conjunction with the Bonita Valley Project; if Council votes to approve the street closing and realignment, a finding must be made that the proposed vacation is in conformity with the General Plan and said public way is not needed for present or contemplated future public purposes; the Planning Commission was able to make this finding and recommended approval of the vacation subject to two conditions: 1. City Council approval of Bonita Valley Specific Plan, Bonita Valley Tentative Subdivision Map, and Planned Unit Development Permit for the Bonita Valley Project; 2. Reservation of easement for 30" water main in and adjacent to Valley Rd.; Condition 1 has been satisfied; staff concurs with the Planning Commission's approval) was held at this time. The City Clerk reported this has been properly advertised and notice has been posted. Planning Director Post said the Planning Com mission recom mends approval. No one was present to speak in this regard. Moved by Cooper, seconded by Van Deventer, the Public Hearing be closed and this be approved. Carried by unanimous vote. Book 66/Page 153 12/10/85 (Item 26) The City Engineer's report on PROJECT, DISTRICT NO. 225, ALLEY — 18th St. to 22nd St., west of Wilson (this report identifies this project as meeting the criteria established for participation in the 50-50 Alley Construction Program; see Document No. 73154; staff recommends the report be accepted) was presented. Moved by VanDeventer, seconded by Cooper, the report be accepted. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,811 through 14,822) Moved by VanDeventer, seconded by Dalia, the Resolutions be presented by title only. Note: This was not voted on. Mayor Morgan requested Resolutions 14,814, 14,815, 14,816 and 14,820 be considered separately. Councilman Waters requested Resolution No. 14,811 be considered separately. Moved by VanDeventer, seconded by Cooper, the Consent Resolutions (except 14,811, 14,814, 14,815, 14,816 and 14,820) be adopted. Carried by unanimous vote. Resolution No. 14,812, "RESOLUTION ESTABLISHING NO PARKING TOW AWAY ZONE SATURDAY AND SUNDAY." See Consent Resolutions above. Resolution No. 14,813, "RESOLUTION DECLARING W. J. KIRCHNAVY, INC. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH W. J. KIRCHNAVY, INC. (ENGINEERING SPECIFICATION NO. 974)." See Consent Resolutions above. Resolution No. 14,817, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (ALLEY — 18TH TO 22ND STREET, WEST OF WILSON AVENUE)." See Consent Resolutions above. Resolution No. 14,818, "RESOLUTION APPROVING ISSUANCE OF A DRIVEWAY SPECIAL PERMIT AT 901-903 18TH STREET (DENNIS LAZZARO)." See Consent Resolutions above. Resolution No. 14,819, "RESOLUTION DENYING ISSUANCE OF A DRIVEWAY SPECIAL PERMIT AT 1417 PALM AVENUE (ARVID SKOG)." See Consent Resolutions above. Resolution No. 14,821, "RESOLUTION INITIATING REQUIREMENT FOR A SPECIFIC PLAN FOR PROPERTIES FRONTING THE NORTH SIDE OF PLAZA BOULEVARD, EAST OF 1-805 AND WEST OF THE INTERSECTION OF 12TH STREET AND PLAZA BOULEVARD." See Consent Resolutions above. Resolution No. 14,822, "RESOLUTION ADOPTING ALIGNMENT FOR STORM DRAIN ROUTE, APPROVING A DEPOSIT FOR PARTIAL CHANGE ORDER COSTS, AND RESCINDING RESOLUTION NO. 14,624." See Consent Resolutions above. Resolution No. 14,811, "RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGES IN RELATION TO THE LINCOLN ACRES ANNEXATION." Discussion. Moved by Dalla, seconded by Waters, Resolution No. 14,811 be adopted. Carried by unanimous vote. Resolution No. 14,814, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS OF ASSESSMENT DISTRICT NO. 225 (ALLEY — 18TH STREET TO 22ND STREET WEST OF WILSON AVENUE)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,814 be adopted. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,815, "RESOLUTION ADOPTING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT NO. 225 (ALLEY — 18TH STREET TO 22ND STREET WEST OF WILSON AVENUE)." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,815 be adopted. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,816, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 (ALLEY — 18TH TO 22ND STREET, WEST OF WILSON AVENUE)." Moved by Dalla, seconded by Cooper, Resolution No. 14,816 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Book 66/Page 154 12/10/85 Resolution No. 14,820, "RESOLUTION ADOPTING THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN (CASE FILE NO. GP-9-85)." Discussion. Moved by Morgan, seconded by VanDeventer, Resolution No. 14,820 be adopted. Carried by unanimous vote. Mayor Morgan called a recess at 8:26 p.m. Council reconvened at 8:33 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Planning Director Post reported there were people present who wished to speak on Resolution No. 14,821. CHUVEY SHU, 1049 Camino Del Mar, Del Mar, was present and said he is representing a client who is proposing a structure within subject area; several weeks ago he discussed some of the problems with Mr. Post, specifically the traffic and the ingress and egress to the property; Mr. Post has indicated his concern because that area is composed of four separate properties; if each property owner comes up with his own development, it will be chaos; Mr. Al Klein decided to purchase another adjoining property; they have met with the third property owner, so possibly they can come up with a joint effort. Discussion. Mr. Shu continued, Mr. Klein is currently buying parcels C and D; Mr. Walker is developing a small office on parcel E; the gentleman who owns parcel B has indicated he is not interested in selling his property. Further discussion. Mr. Shu continued, the gentleman who owns parcel B also owns parcel A; he will not sell the parcels individually. Mayor Morgan said if we require these people to develop this property together, the gentleman will have to do something. Planning Director Post said these are individual lots and we are beginning to see individual permit requests come in; the format that is being suggested would enable everyone to retain ownership of his own property, but combine a joint planning effort. Further discussion. Mayor Morgan said we should spend some more time on this; it would be better if this is all one unit. Further discussion. ED (owner of parcel D) was present and said he has been approached by several small operations that want to. come in there such as fast food restaurants; he agreed to sell his property to Mr. Wang who handled the real estate transaction, to put a motel there; the motel would complement that area and would generate business for the adjoining restaurants; he would encourage Council to let construction begin; the buyers have agreed to unite and put up a building on parcels C, D and E which will compliment each other. Further discussion. Mayor Morgan said these people need to work together. GARETH WALKER, 448 Blackthorn, El Cajon, was present and said he is the owner of parcel E; his concern is being restrained by parcels A and B; the owner of these parcels is 78 years old and is very adamant; evidently his tax accountant has told him not to sell; the other owners represent 2/3 of the block and they are willing to go along with the specific plan; they are anxious to develop harmoniously. Councilman Cooper inquired if there is• any way we can work out this plan to conform with what these people want to do; he knows the gentleman they are talking about and if he says he's not going to sell, he's not going to sell. Further discussion. Planning Director Post said there would be a problem of access; parcels C and D do not have access rights to Plaza Blvd. so parcel B is very important; they have not spent too much time designing something for this property; they were hoping to leave that up to the private sector. Further discussion. Vice Mayor VanDeventer said maybe this should be held over for 30 days for study. Further discussion. Planning Director Post said parcel E is currently the subject of a public hearing before the Planning Commission; the plans that have been submitted are sub —standard. Further discussion. RON TEMCO (representing the owner of parcel C) was present and said parcel C is for sale. Mr. Walker returned to the podium and said he did propose a building on his parcel; he was told to speak to the adjoining property owners; he did get together with the architect of the proposed motel and was told if this keeps getting delayed, they will take their money and move on; as of now, they have 2/3 of the property owners in unity; he is working with the architect to have his building in conformity. Further discussion. City Attorney Eiser said it is permissible to accomplish this through the Specific Plan; the access is a critical issue and that is what makes parcel B so significant; one way of handling it is to proceed with the Book 66/Page 155 12/10/85 Specific Plan and the Planning staff can work with the individual property owners; if it reaches a point where things are not progressing, this can come back to Council. Further discussion. The gentlemen were advised to see Mr. Post in the morning (12/11). Further discussion. ORDINANCE FOR INTRODUCTION (FIRST READING) Moved by VanDeventer, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. "Ordinance amending Title 18 (Zoning) of the National City Municipal Code to establish requirements for bed and breakfast inns." ORDINANCES FOR ADOPTION Moved by VanDeventer, seconded by Dalla, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1872, "URGENCY ORDINANCE OF THE CITY OF NATIONAL CITY REPEALING ORDINANCE NO. 1870, AMENDING CHAPTER 9.04, AND ADDING CHAPTER 9.06 TO THE NATIONAL CITY MUNICIPAL CODE TO PROHIBIT THE SALES OF FOOD OR BEVERAGES FROM MOBILE FOOD PREPARATION UNITS WITHIN THE CITY." Moved by VanDeventer, seconded by Cooper, Ordinance No. 1872 be adopted. GERALD SOLOMON (attorney representing the applicants), 269 E. Lexington, El Cajon, was present and requested an amendment to allow "grandfathering" of existing Iicenseholders pending the outcome of the 90—day report and Council's ultimate decision; in 1982, the City adopted the County Health Code which allowed for the operation of hot trucks within the City; Mr. McGann applied for such a license on September 30 and was granted such a license; other applicants have filed for licenses and have received licenses; they were given receipts and were told City decals were unavailable; these people have mortgaged homes, purchased vehicles and have incurred substantial long—term debts to operate businesses in National City; they have certain vested rights to continue to operate; to prohibit such a business at this time is a violation of their rights; it is discriminatory to prohibit only hot trucks when no rational basis has been established; no report or study has ever been prepared by the City; if Council wishes to prohibit hot trucks, they must establish a rational basis which would require a study and report, and any prohibition would require an allowance for what is considered to be an amortization of the business interests that have been validly and legally licensed; his clients request the following: an amendment to the Ordinance to ban all food vending vehicles, adding a "grandfather" provision allowing those that are presently legally licensed, both hot and cold, to operate pending the return of the 90—day study and report; meanwhile, all of the mobile food vehicle vendors will have an opportunity to have input into the report on all issues from traffic to safety, to inspection and fees; if Council then elects to prohibit either or both of those types of businesses, the parties would have an opportunity to have input into the amortization scheduling that might be recommended by City staff; Counsel for Cajon Valley Catering was unable to attend and has requested that Mr. Solomon submit a letter to be made part of the record. The City Clerk read Mr. Dawson's letter into the record (See Exhibit A). Mayor Morgan inquired if he should abstain since he owns Jimmy's restaurant. City Attorney Eiser said this is a city—wide effect and to that extent, it affects the public generally; he doesn't see where this action would have any material effect on the Mayor or Vice Mayor VanDeventer. Vice Mayor VanDeventer said he does not own B & W Auto Parts. Discussion. City Attorney Eiser said with respect to the 90—day period, there has been a proposed Ordinance that has been included in the agenda and he would propose some additional wording under Section 5; Section 5 would read as follows: "This Ordinance shall take effect immediately and shall remain in effect for a period of 90 days." Maker of the motion and second agreed to include that wording. Motion carried by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Ordinance No. 1873, "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)." Moved by VanDeventer, seconded by Cooper, Ordinance No. 1873 be adopted. Discussion. Carried by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Book 66/Page 156 12/10/85 OLD BUSINESS The Asst. City Manager's report regarding PUBLIC WORKS EMPLOYEES' PARKING SECURITY (Several months ago, there was a Council inquiry regarding alleged thefts at the Public Works employees' parking lot; an inquiry was made concerning current and potential security arrangements; the report from the Public Works Director [see Document No. 73148] addresses the subject of thefts in and around the Public Works yard between 1983 and 1985, and proposes a "phased" approach to the installation of security fencing; the first phase involves fencing only along the southern boundary of the yard and the second involves, if necessary, the installation of security gates; staff recommends that if Council desires to proceed as outlined, they direct staff to prepare specifications and go out to bid on the proposed two— phase program; a report back to Council on the results would be prepared; funds would need to be appropriated for the project) was presented. Discussion. Vice Mayor Van Deventer inquired if we could go out with a joint bid — one for wrought iron and one for chain link. Public Works Director Williams said he could. Moved by Van Deventer, seconded by Waters, we put this out to bid for wrought iron and for chain link. Discussion. Councilman Dalla said in two years and three months, we had an estimated $2,900 worth of losses; he doesn't know how that compares with other streets or other locations in the City, but we're talking about $14,000 if we use chain link with the security gates and almost $20,000 if we use wrought iron with gates; spending $20,000 for losses totalling $2,900 over a two—year period seems to be overkill. Councilman Cooper said if Mr. Dalla is comparing this to the streets, the comparison is out of line; we are providing a place for City employees to park and it is our duty to help protect their property; the people on the street park there because they want to, and if they get ripped off, we have a Police Dept. to protect them. Further discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 23, dated December 3, 1985, in the amount of $69,093.56 (Warrants Nos. 90172 through 90225) was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. The application for TYPE 9 and 17, BEER AND WINE IMPORTER/WHOLESALER LICENSE, PREMISES TRANSFER of Joie De Vin, Larry Robinson and Richard Hodson, 2702 Southport Way, Suite B (Police, Planning and Building Departments state no grounds for objection) was presented. Moved by Waters, seconded by Cooper, in favor of this request. Discussion. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS A letter from NATIONAL CITY COMMUNITY ACTION NETWORK requesting a donation of $250 for the National City Spirit of the Holidays Program was presented. Moved by Van Deventer, seconded by Waters, in favor of this request. Discussion. Carried by unanimous vote. A letter from Sharone Waters Duncan, representing Miss National City Beauty Pageant (The Miss National City Alumni works very hard putting on the Miss National City Pageant each year, volunteering their time for about four months out of the year; they have been assisted by the Sweetwater Kiwanis Club, but the ladies have done 90% of the work; this year they would like to take over the pageant totally) was presented. Moved by Van Deventer, seconded by Cooper, the City Manager meet with the Sweetwater Kiwanis Club to discuss this. Discussion. Sharone Waters Duncan and Marla Ledger wood Mink were present to speak, saying the Miss National City Alumni does 90% of the work; the only thing the Kiwanis helps with is the funding and some work on the day of the pageant. Discussion. Motion carried by unanimous vote. OTHER BUSINESS The City Engineer's report on FEASIBILITY OF PETITION — 17th Street, Lanoitan Ave. to Rachael Ave., District 226 (With reference to the Streets and Highways Code, a Certificate of Engineer has been prepared from the petition; the certificate indicates that this project can proceed and waives the 1931 Act Book 66/Page 157 12/10/85 proceedings; staff recommends Council accept the Certificate of Engineer and direct the project to proceed) was presented. Moved by VanDeventer, seconded by Cooper, this be approved. Carried by unanimous vote. The City Engineer's report on PROJECT, DISTRICT NO. 225 — Alley, 18th St. to 22nd St., West of Wilson (See Page 153, Para. 1). CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF — No reports. MAYOR — No report. CITY COUNCIL — No reports. ADJOURNMENT Moved by VanDeventer, seconded by Waters, the meeting be adjourned to 4:00 p.m., December 17, 1985. Carried by unanimous vote. The meeting closed at 9:37 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of January 7, 1985. Corrections No cor. ctions MA CITY OF NATIONAL CITY, CALIFORNIA EXHIBIT A Book 66/Page 158 LAW OFFICES OF GERALD DAWSON 7851 MISSION CENT_R COURT, SUITE 103 SAN DIEGO, CALIFORNIA 92108 TELEPHONE (619) 297-5911 December 10, 1985 Hand Delivered City Council City of National City 1243 National City Blvd. National City, CA 92050 Dear Councilmembers: It is respectfully requested that Mayor Kyle Morgan and Deputy P•Mayor Jesse Van Deventer disqualify themselves or be disqualified from voting on any ordinance banning hot food trucks (mobile food preparation units) on the grounds each has a conflict of interest and is biased. A review of the conflict of interest statements on file with the City reveals that Mayor Morgan has an interest in two restaurant properties which pay him an income of between $20,000.00 and $200,000.00 each year. The minutes of the Council discussion of November 19, 1935, reveal a major reason for banning hot trucks is to avoid competition with delis and restaurants. It became clear at the December 3, 1985, meeting of the Council that Moody's Lunch Service, the principal operator of cold trucks in National City and throughout San Diego County, and the princi- pal opponent of hot trucks has its trucks repaired at Lamb Chev- rolet with parts supplied by Vice Mayor Van Deventer's auto parts supply firm. Thus, both the Mayor and Vice Mayor have a direct financial in- terest in the avoidance of competition for restaurants and Moody's and consequently in the issue before the Council. The health and safety issues raised are a smoke screen to cover the true motives of the Council in banning hot trucks. Since hot trucks were first .authorized in San Diego County in 1978, there has not been a single instance of food borne illness traced to hot trucks. In the same period substantial illness has been traced to cold trucks serving spoiled food. In the same period there has not been a single safety incident involving hot trucks. Indeed those most concerned with public safety, fire and police -2- City Council City of National City 12/10/85 Book 66/Page 159 officials, have called upon hot food truck operators to serve them during emergencies throughout San Diego County and parti- cularly during the Normal Heights fire and the investigation of the murder of two officers in Balboa Park. We cannot sub- peona the health and safety officials to appear before you since we lack that power at this stage and in any case you have never held a public hearing on the subject. You could and should have demanded their appearance before you and would do so had you any interest in the truth. In any event it appears you lack the power to adopt the ordi- nance you propose. A correct reading of Health and Safety Code Sections 27501 and 27503 permits you to regulate or prohibit only those food service businesses not covered by the statute. Hot food trucks are covered and the state has preempted the field. Additionally the ordinance is unconstitutional as the taking of a lawful business without due process, compensation, or a reason- able opportunity to amortize the investments of the hot truck operators. The enactment of this ordinance will also subject you to antitrust and civil rights liabilities. Threats are not productive, but as a professional courtesy, I have advised your City Attorney of the remedies to be sought, should the ordinance be adopted. Very truly yours, GERALD M. DAWSON GMD:bs cc: City Attorney