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HomeMy WebLinkAbout1986 03-25 CC MINBook 67/Page 1 3/25/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA March 25, 1986 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, 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 the Reverend Wayne Rowland, First Congregational Church. APPROVAL OF MINUTES Minutes of the regular meetings of March 11 and March 18, 1986 and the adjourned meeting of March 4, held March 5, 1986. Moved by Waters, seconded by Cooper, so moved. Moved by Waters, seconded by VanDeventer, make an amendment to the motion that we hold over the March 18 minutes. Carried, by the following vote, to — wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays Dalla. PUBLIC ORAL COMMUNICATIONS MR. & MRS. RUDOLFO GOMEZ, 3102 Biggs, present re their concrete deck which was built without benefit of permits and which the Building Dir. says must be certified by a structural engineer or removed. Dir. Bldg. & Safety was present and said a permit is required; all he can do is enforce the code; his department found them repairing the deck without permits and put a stop work on the project until they submitted plans. Moved by Waters, seconded by Morgan, this be laid over for one week and the City Manager put it back on the agenda for next week. Carried by unanimous vote. LUCY FLORES, Brick Row, present to request turn signal be added to traffic signal at Plaza and National because of high incidence of accidents. Moved by Morgan, seconded by VanDeventer, we refer this item in front of Brick Row to the Traffic Safety Committee for study. Carried by unanimous vote. On Mayor Morgants request, items 12 and 13 were brought to the floor. Item 12. Request from National School District for an amendment to City Ordinance 1622 (school fees) and Item 13. Request from Sweetwater Union High School District for implementation of a developer fee program. Plan. Dir. Post recommended the necessary materials received from both districts be filed in the City Clerk's office for a 60 day period and set for public hearing after that time. Moved by VanDeventer, seconded by Cooper, so moved. Carried by unanimous vote. Moved by Morgan, seconded by VanDeventer, we recognize that we received this today. (Proposal from SUHSD relating to Redevelopment Laws) Carried by unanimous vote. PUBLIC HEARINGS Public Hearing — Proposed vacation of Grove Way between the 1700 block of Grove Street and Sweetwater Road; and abandonment of a 15—foot wide drainage easement located adjacent to and abutting the westerly end of Grove Way, SC-4-85, Applicant: Community Development Com mission. Plan. Com m. and staff recommend vacation based on finding it is in conformity with General Plan and is not needed for present or prospective public use. Moved by VanDeventer, seconded by Cooper, this public hearing be closed and all stipulations adhered to as staff recommends. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Consent Resolutions (Nos. 14,888 thru 14,894) Moved by Van Deventer, seconded by Cooper, the Resolutions be accepted by title only. Carried by unanimous vote. Moved by VanDeventer, seconded by Waters, for approval of the Consent agenda except 14,888, 14,893 and 14,894. Carried by unanimous vote. Resolution No. 14,889, "RESOLUTION ACCEPTING CONVEYANCE OF A GRANT DEED FOR STREET PURPOSES AND NAMING AND DEDICATING "E" AVENUE (Diocese of San Diego Education and Welfare Corporation, a corporation)." See above. Book 67/Page 2 3/25/86 Resolution No. 14,890, "RESOLUTION ACCEPTING CONVEYANCE OF A GRANT DEED FOR STREET PURPOSES AND NAMING AND DEDICATING A PORTION OF 7TH STREET AND "E" AVENUE (the Roman Catholic Bishop of San Diego, a corporation sole)." See above. Resolution No. 14,891, "RESOLUTION ACCEPTING CONVEYANCE OF A GRANT DEED FOR STREET PURPOSES AND NAMING AND DEDICATING 7TH STREET (The Roman Catholic Bishop of San Diego, a corporation sole)." See above. Resolution No. 14,892, "RESOLUTION AUTHORIZING MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A QUIT CLAIM DEED." See above. Resolution No. 14,888, "RESOLUTION APPROVING FUND TRANSFER FOR LAS PALM AS — PUMP AND MOTOR REPLACEMENT AND FOR RELATED AE SERVICES." Moved by Morgan, seconded by Cooper, we adopt 14,888. Carried by unanimous vote. Resolution No. 14,893, "RESOLUTION — AGREEMENT FOR VEHICLE USE BETWEEN CITY AND "MILE OF CARS" MEMBER AGENCIES." Moved by VanDeventer, seconded by Cooper, in favor of their agreement if the City Attorney feels it's adequate, either one he feels he can agree to. Carried by unanimous vote. Resolution No. 14,894, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE FORMAT FOR THE MINUTES OF CITY COUNCIL MEETINGS." Moved by Dalla, seconded by VanDeventer, in favor of Resolution No. 14,894. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. NEW BUSINESS WARRANT REGISTER #38 Ratification of Demands in the amount of $108,663.06 Moved by Waters, seconded by VanDeventer, in favor. Carried, by the following vote, to —wit (with exception of Warrant /91444 with VanDeventer abstaining): Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Application of MOTOKO & TAKENDO ARII, dba YAKISOBA WEST, at 1528—C Sweetwater Road, for original Type 41 liquor license authorizing the sale of beer and wine for consumption on a bona fide public eating place type premises plus the sale of beer and wine for consumption off the premises. Police Dept. recommends protest unless 7 conditions met. Plan. Dept. recommends protest until applicant obtains CUP. Moved by Waters, seconded by VanDeventer, we protest these license as recommended by staff. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. WRITTEN COMMUNICATIONS Request from DAVE REED AND ASSOCIATES re possible purchase of city —owned property. Moved by VanDeventer, seconded by Cooper, he would refer this to the Real Estate Committee for discussion with staff to make a report and also at the same time, he would like to know what is happening from the staff on the other three he brought up before: Sheryl Lane, the alley off of 18th Street and 21 st and Hoover. (Mayor Morgan abstaining because of conflict of interest.) Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Mor g an. Request from National School District for an amendment to City Ordinance 1622 (school fees). See above. Request from Sweetwater Union High School District for implementation of a developer fee program. See above. OTHER BUSINESS Planning Commission Resolution No. 9-86, approving an application for planned develpment permit to allow development of three single family dwellings on a 16,000 square foot lot at 901-903 East 18th Street, Case File No. PD-1-86, Applicant: Dennis Lazzaro. Moved by Cooper, seconded by VanDeventer, in favor of the Planning Com mission's recommendation and all their stipulations. (Mayor Morgan abstaining because of possible conflict of interest.) Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Planning Commission. Resolution No. 10-86 approving planned development permit for construction of a 25,510 sq. ft. commercial building and remodeling of a service Book 67/Page 3 3/25/86 station at the Southwest corner of Eighth Street and Plaza Boulevard, PD-3-85, Applicant: Danilo Tulagan. Moved by Waters, seconded by VanDeventer, in favor. Carried by unanimous vote. Request for Council policy guidance on Mayor's directive regarding withholding items for Council action. Moved by Dalla, seconded by Waters, the City Manager disregard any instruction from anyone to hold anything from the agenda. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Report and recom mendation of the Mile of Cars Com mittee to the City Council of the City of National City. Moved by Dalla, seconded by Waters, this item be filed and no action taken. Moved by Cooper, seconded by VanDeventer, to amend the motion to extend this until budget time and see what monies we have. Amendment carried, by the following vote, to —wit: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. Extension of 50/50 alley program to include CA and CH zones. Moved by Morgan, seconded by Waters, we file this communication. Carried by unanimous vote. Update on Municipal Liability Insurance Coverage (Captive Insurance Program). City Manager McCabe recommended Council act on this tonight to avoid a lapse in insurance; this will increase our self —insured retention from $50,000 to $150,000, and Increase our premium by 95%; the premium for the coming year would be $374,576; we currently have $209,000 budgeted and a resolution next week will appropriate $165,000; the necessary papers would be signed and insurance would be in effect Monday. Moved by Morgan, seconded by VanDeventer, the Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER — No report CITY ATTORNEY The City Attorney's memo regarding RESTRICTIONS on SALE OF ALCOHOLIC BEVERAGES. City Attorney Eiser: "I have a written report that appears as Item 19; I can answer any questions that may arise from that." Councilman Waters: "I think you got a, you've done a beautiful job on that, Mr. Eiser. You've found us a way, uh, and Mike mentioned a little earlier about, you found us a way to uh keep this liquor and beer and stuff from being walked off the premises, and uh, that's something that hasn't been done in years, and I'm starting to like you. You know you're doing a pretty darn good job." Councilman Dalla: "Uh, I would like to uh—I like you too Mr. Eiser—uh, I would just like to make sure that in the future the applications, the Conditional Use Permits that we have relating to the establishments that this would apply to include that provision, just like we have no counters and those kinds of things, that this be an automatic condition of those uh establishments unless there's some reason why you don't think it would work." Planning Director Post: (Voice can be heard but his words cannot be understood.) Councilman Dalla: "Thank you." City Attorney Eiser: "Your Honor, I had an additional item, uh, at last week's Council meeting, uh, we had placed an item uh on the agenda regarding the hot trucks, an updated report, and it was the desire of the Council at that time to uh maintain the status quo uh as far as continuing the prohibition of operation of hot trucks. The original Ordinance that was adopted was a moratorium Ordinance, and I would propose in order to uh continue the Ordinance on an indefinite basis, uh that an Urgency Ordinance be adopted this evening. Um, first of all, I uh, it would be appropriate to entertain a motion that the Ordinance be read by title only." Vice Mayor VanDeventer: "So move". Councilman Cooper: "Second." Councilman Waters: "What's the number of that Ordinance?" City Attorney Eiser: "I, uh, it doesn't have a number at this point; 1 can read the title and uh it will be essentially the same Ordinance uh as the original Ordinance adopted on December the 10th. Uh, it would be an Urgency Ordinance and uh after reading the title, if you'd bear with me, I will read the reasons uh supporting the urgency basis of the Ordinance." Mayor Morgan: "Did you second the motion?" Councilman Cooper: "Yes, we need to vote on that by title only." Mayor Morgan: "Vote please." Councilman Cooper: "Okay." Carried by unanimous vote. Book 67/Page 4 3/25/86 City Attorney Eiser: "The title is uh 'An Urgency Ordinance of the City of National City repealing Ordinance No.,' excuse me, 'An 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. Uh, the basis of the urgency uh, they're itemized uh A through K. A is that there is a danger to drivers and patrons of mobile food preparation units due to the existence of cooking facilities on those units, including gas —operated cooking facil...cooking devices. B, there is a danger of explosion from cooking facilities existing on those units. C, there is a danger of fire from hot grease and propane gas on the units. D, there is a hazard presented where cooking is done while the units are in motion. E, there is a danger from the units being driven at a high rate of speed from location to location. F, there is a danger arising from the spilling of hot liquids while the units are in motion. G, there is a health hazard presented by the potential for sales of spoiled food, if the food preparation or preservation devices on the units malfunction, or if the food storage is improper. H, there is a threat to the safety of drivers of the units and to the public from the likelihood of accidents occurring on public streets. I, there is a health hazard presented by the storage of waste on the units and by disposal of waste produced on the units. J, there is a problem in providing adequate staff to inspect and regulate the units, and K, due to the size of the units, they would contribute to traffic congestion within the City." Mayor Morgan: "Can we have a motion to adopt this?" Vice Mayor VanDeventer: "So move." Councilman Waters: "I move in favor." Vice Mayor VanDeventer: "Second." Mayor Morgan: "Discussion? Vote please." Carried by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. OTHER STAFF The City Engineer's memo re SOUND WALL GATES — EUCLID AVENUE PROJECT The City Engineer recommended that If it is determined that they are to be constructed, the City pay the entire cost to minimize problems that may develop should parking be prohibited on Euclid Ave. at some future date. Vice Mayor VanDeventer: "I'd, I'd move in favor of allocating the $22,500 and put all 12 gates cut down." Councilman Waters: "I'll second that." Mayor Morgan: "Discussion?" Councilman Cooper: "To put in the gates?" Vice Mayor VanDeventer: "Yes." Councilman Waters: "Sure. I told you it would be back. They don't want to do it. Hey, that's helping the public out." Councilman Cooper: "I know it's helping the public." Mayor Morgan: "Uh, Mr. Engineer, is that the feeling you got that they wanted to go ahead with that uh, the gates and things there?" City Engineer Stafford: "Out of, out of 24 theoretical possibilities to have gates, and we mailed them to all the property owners, 12 responded indicating that they wanted gates. Nobody has responded saying that they want to pay for the gates." (Laughter.) Councilman Cooper: "Mr. Mayor..." City Engineer Stafford: "My recommendation is that we do not put them in, but if we do, that the City foot the whole bill." Councilman Cooper: "Let me ask you a question, Mr. Engineer. Uh, are you finished, Mr. Mayor?" Mayor Morgan: "Yeah." Councilman Cooper: "When uh, when we, if we put these gates in, which the motion is on the floor right now that we furnish the money to put the gates in for the people because people don't want to pay for them. What's going to happen down the line, five years from now, if we have to come in and red —curb the sides of Euclid Ave. Then what, where are we going to stand then?" City Engineer Stafford: "The people that..." Councilman Cooper: "The gates are gonna be useless to the people, aren't they?" City Engineer Stafford: "That's true. However, uh, they will have signed a covenant indicating that they will not protest the red —curbing and, and the prohibition of parking." Mayor Morgan: "Well what good is a fence, what good are those gates if you're gonna red —curb that?" Councilman Cooper: "I'm saying there's a possibility down the road, if the traffic increases, we might have to. We don't intend to now." Mayor Morgan: "Well if we do, if we do then the gates are not worth anything." Councilman Cooper: "Right." Book 67/Page 5 3/25/86 Councilman Waters: "No, everyone has a gate to their backyard. You know that. That's what it is, in the backyard, and they'll walk out on the sidewalk, go for a walk in the evening, and they might even go down to one of those restaurants on Plaza Blvd." City Engineer Stafford: "If there's, if there's one sentiment 1 have heard, it's that the maintaining the parking capability is more important to them than having the gates —if they had to make a choice." Councilman Waters: "There's a safety factor involved too. If you put a 6—foot wall out there and can't get out the back." Mayor Morgan: "Is the $22,000 set that curb back say 4' there where we'd be sure to keep them parking there, and that would be more beneficial than those gates because when they put the gates on there, and they've got that noise that will come right off through the gates. We're gonna have a real problem with those people." City Engineer Stafford: "I think uh without having the wall penetrations, it would be more soundproof." Mayor Morgan: "That's right." Councilman Cooper: "That's why the State and uh made us put it in to begin with was soundproofing, isn't that right?" City Engineer Stafford: "That's true. I'd like to point out something that's pretty obvious when you look at the subdivision map, and that that is really an anomily; that's a geographical freak to have a subdivision designed that way where the backyards come onto a major arterial. Ordinarily, those backyards would be adjacent to other backyards where there would be no gates." Vice Mayor Van Deventer: "But that whole project is that way." City Engineer Stafford: "So that whole project is that way. Uh, you had, I believe, had Euclid Ave. been open at the time that they built the subdivision, there would have never been any thought of putting gates in there. I believe the gates were simply bootlegged in after the project was built." Mayor Morgan: "If we could --could $22,000—would that set that curb back 4'? Because we've got 10' or more that's paved there, and taking 4' or 5' off of that wouldn't hurt it a bit. We could just cut a line and then just set the curb back and then pave that part of the street. And then they would permanently have paving, or parking back there." City Engineer Stafford: "No, the $22,000 would not accomplish that." Vice Mayor Van Deventer: "The thing that you have to take into consideration too is the situation. We approved that project out there, with not adequate parking as a total project. Those only place those people have to park is up in that backyard. That is the reason they cam e here and brought a list of residents in that area why they wanted for it. We have to make some commitment when we're gonna red — curb that out there in the back that they can park their car somewhere. And every one of them has two cars. There isn't adequate parking in that project." Councilman Cooper: "Mr. Van Deventer, I have no problem with parking on Euclid Ave. The only problem I have is you're spending $23,000, $24,000 of the taxpayers' money to put in gates and those people have said they don't really want the gates. They don't want to pay for them. To me, if they wanted a gate, they would be willing to pay for half of it. They don't even want to do that. We offered a 50/50 program for them. They're willing to have the gates if we furnish the gates and put them in for them. And I can't support that." Councilman Waters: "Well, uh, I think what we have to give the people the benefit of the doubt on, Coop, is the fact that they didn't want Euclid coming through either. They didn't like our idea there and we're kinda forcing that street through there. So when you force it through, combine that with the fact that years ago uh certain members up here I'm sure let that type of development slip through, and it's there now and they have to live with it, so we have a responsibility today. We have to take care of the errors of maybe of people who made those errors years ago. We have to kinds consult the people and help them out a little bit and 1 think this is the only way we can help them. They don't need gates. They don't even need the wall they said that we want to put up, the 6' wall, and they don't need Euclid Ave. through. So we're saying you're gonna get it anyway, so 1 think this is a sm all concession." Mayor Morgan: "Euclid Ave. is through behind all of those properties now, so they knew there was a street there. But how m uch would it cost to put in, where they'd be sure that they'd have parking back there? Now those people are going to be in trouble if we go ahead without saying that we're gonna keep parking back there for those people. Now they'll be down here and really tell us then if we eliminate that parking. I'm not for eliminating the parking. I'd go along and eliminate the gates, but I'd sure want some parking back there because that's the only place. They've only got one car for each one of those places up there and they rely on that out there. And if they don't get that, those people are going to be mad and they should be mad." Councilman Dalla: "But you see, Mayor, the problem I see is the parking doesn't Book 67/Page 6 3/25/86 do them any good if they don't have access to it, and without parking might as well be four blocks over. Uh, I want to clarify the motion —would you repeat the motion please, as you have it?" "I have no idea what the motion is." VanDeventer: "The motion was to approve Waters: "And I seconded that." Dalla: "So that's —that's —we're gonna put the gates indicated they wanted them, and the rest of the people that's tough? Okay..." Mayor Morgan: "Further discussion on the motion?" Councilman Dalla: "Yes, I was going to..." Councilman Cooper: "Wait a minute, that's all of them Isn't that all the number that is needed along there is 12?" City Engineer Stafford: "No sir, the people that responded. Now mailed, certified mail, to everybody. I cannot predict what the response will be from the people who did not respond and then see that other people are getting their gates." Councilman Cooper: "It's gonna be a good thing..." City Engineer Stafford: "Well, we mailed it out registered. We received certified receipts, and these are the people that signed the document stating wanted the gate and would agree to..." Councilman Cooper: "What's gonna happen when people see, well the City's giving these gates to them. Then what's gonna happen?" City Engineer Stafford: "Oh no, the..." Councilman Cooper: "They're gonna be right back another $30,000 putting the rest of those gates in." City Engineer Stafford: "No the same correspondence went to everybody." Councilman Cooper: "I know that. The same correspondence went to City Clerk: Vice Mayor Council man Councilman that Engineer, but the ones that responded to us said that they were They said they did not want to pay for them, right?" City Engineer Stafford: "That's right." Councilman Cooper: "The others did not respond, this, you can bet your sweet boots on that." Mayor Morgan: "The rest of them, you'll get it." Councilman Cooper: "You bet. They'll all be in Mayor Morgan: "This is the thing..." Councilman Waters: "Let me ask a question Which ones were eliminated? How many?" City Engineer Stafford: "Well, there was a theoretical possibility of having gates there; there's 24 units. The ones on either end did not want gates. We receive..." Councilman Waters: "Oh, some did not want gates?" City Engineer Stafford: "Simply because they were need the gates. They didn't have to walk..." Councilman Waters: "So that brings it down City Engineer Stafford: "No." Councilman Waters: "Okay." City Engineer Stafford: "So take away those few, you still had 19 that would apparently benefit from the gates. Out of that 19, 12 responded positively to the question do you want the gate, will you be willing to hold the City harmless, uh will you maintain the gate, and will you not gripe about losing day." Councilman Waters: "They agreed?" City Engineer Stafford: "12 agreed." Councilman Waters said, "Okay." subject that we're "That's right, it the gates, the the motion. Is the 12 gates at $22,500." in for the people that didn't respond, isn't It, Mr. Engineer? we that they we put in 12 gates and the other them. They asked us to pay for up here and we're gonna spend but you'll it, Mr. in a negative way. get a response from here tomorrow." then instead of just to ten. talking here. 24 did right on the end and wouldn't You can expect ten in here." your parking some Mayor Morgan: "This talking about is just clear as mud." Councilman Cooper: sure is. I'll have to agree with that." (Laughter.) Councilman Dalla: "I just want to put this in perspective, you know. It wasn't a long time ago, we were sitting up here, and Council voted, including the Mayor, to spend $18,000 to raise the fire station one inch because it looked better. And here you have some people that —I think Mr. Waters is correct —somehow this got through and somebody wasn't paying attention, and that subdivision is —is uh—it's a difficult place to live let alone visit." Vice Mayor VanDeventer: "Oh, it's terrible." Councilman Dalla: "And I don't know what we can do except try and make it a little bit better. Uh if those people could afford the gates, they could afford to live somewhere else and um..." Councilman Cooper: "And you're gonna put 12 of them in and then wait for the other people to come down and complain about it because they didn't get the 12." Book 67/Page 7 3/25/86 Vice Mayor VanDeventer: "They were notified." Mayor Morgan: "Further discussion?" Councilman Waters: "Let's put it this way. Now the City Engineer informed us all that registered letters went out. That means that you get it." Councilman Cooper: "That's right. They all got them." Councilman Waters: "All right." Councilman Cooper: "But he also, in that letter, he asked them to pay 50% of it." City Engineer Stafford: "Not in the first..." Vice Mayor VanDeventer: "No, no, he didn't, Marion." Councilman Cooper: "No?" Vice Mayor VanDeventer: "No." Councilman Waters: "Honestly." City Engineer Stafford: "Not in the first letter. The first letter was just asking if they wanted a gate." Councilman Cooper: "They wanted a gate?" City Engineer Stafford: "Yeah, 12 yesses. pay for it." Mayor Morgan: "Further discussion? Vote on the motion please." (Laughter.) Councilman Waters: "This is to put the 12 gates as reqeusted." Councilman Cooper: "No way. Good luck, fellas." Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Cooper, Morgan. Councilman Cooper: Councilman Waters: Councilman Cooper: Councilman Waters: The next letter asked "When they come back..." "You're the one they're gonna come to, Coop." "Not me." "You voted against them." MAYOR Mayor Morgan: "Next order of business and I don't have anything." if you want to CITY COUNCIL Vice Mayor VanDeventer: "Yes, under City Council, uh Mr. uh Public Works Director, 1 don't know what we're paving with right now, but it looks terrible. The paving is not smooth, our asphalting, now what we're really doing out there. Relating to "L" St. on 18th St. to Palm Ave., there's chuck holes in that thing that are pretty close to 2' in width. Have you had any correspondence relating to that in your office." Public Works Director Williams: "I don't recall any.." Vice Mayor VanDeventer: "It's on, it's on the north lane." Mr. Williams: "It could very well have been there and I wasn't aware of it." Vice Mayor VanDeventer: "I'd like you to look at this "D" Ave. where they've patched, where they've came down from uh 12th St. down through the valley right here. You go, you go through it and see what kind of patch job do you think that is." Mr. Williams: "That's a relatively poor patch job." Vice Mayor VanDeventer: "But they're all looking like that all over the City." Mr. Williams: "All right sir, I'll look into it. We're getting some rather uh, it would appear to be on the surface of it, low quality patchwork on 8th right now, and what we're doing up there is absolutely a skin patch to try to make it reasonable for the kids to walk on for Maytime. So that's, that's really not a good example of the quality that we can do. But we do have some problems and I know the one on "D" St. of which you speak, and I have mentioned that to my people and that will be corrected. The "L" Ave., 18th to Palm, I, 1'1l be honest with you, I don't know about that, but I will tomorrow morning." Mayor Morgan: "Anyone else?" Councilman Waters: "Yes, I have one item. You know we have a uh, this4 the Council set up a budget here a few years ago in relations to where we buy roughly $5,000 worth of paint and so, and we uh send it out to the Boys' Club and to the uh different organizations, Chamber of Commerce to take care of our, our graffiti problems in the City. I've noticed they've picked up extensively. But really, what really got my attention was uh the fact that I, that we have some type of graffiti crew in this City. I, I just would like to have that, Mr. City Manager, that organization checked out. Uh, the 'Graffiti Crew.' I'd like to know what that really stands for." Vice Mayor VanDeventer: "Are you talking about the ones that remove the graffini?" Councilman Waters: "No, I'm talking about..." Vice Mayor VanDeventer: "The ones that put it on?" Councilman Waters: "The ones that's putting it on, they call themselves some type of an organization, and uh I would like to uh, to uh instruct the City Manager to look into that and maybe put an undercover police officer in that, in amongst that Book 67/Page 8 3/25/86 organization. If it does exist." Vice Mayor VanDeventer: "George, what, one other problem that we're in real dire need of help on is we were using National University, that high school group that was doing the paint —off, and uh they're no longer in existence out there, and our graffini, getting it removed, we have not been doing that for months. And that's why our graffini is piling up all over the town." Councilman Waters: "But I mean it's, it's ah, it's getting serious, and we're gonna have to get hot on it and I think it's time to hand out some healthy fines. I don't think anyone has the right to deface other peoples properties unless they want it done. And 1 think we ought we make some good examples, uh I think we're pussy footing around with that, so to speak. For years we've been doing it." Mayor Morgan: "Are you through George?" Councilman Waters: "Yeah." Mayor Morgan: "Anyone else?" Councilman DaIIa: "Yes, 1 just have. We got a couple of letters this week that raised some questions about the Councils conduct and the staff's conduct and I'd like the Manager to prefer, refer to those and check it out and report back." Councilman Cooper: "Mr. Mayor?" Mayor Morgan: "Give me a copy of those." Councilman Cooper: "Uh, I would like to uh bring this out and ask the City Attorney uh, the Council has been approached by Representative Jim Bates to meet with him Saturday morning at jimmy's Restaurant, uh, I believe at 8:30 in the morning, and I'd like to ask the question if this is legal or if it's uh possible for us to do this, or how many of the Council want to attend or what." City Attorney Eiser: "Uh, Your Honor, the potential legal problem that would be involved would be a violation of the uh Ralph M. Brown Act, the open meeting law. Uh there would be no problem if there's Tess than a quorum attending, uh two members. I was going to say the other, I think the proper way of handling it would be to treat it as a, unless it's some type of a social gathering where the Brown Act problem doesn't occur, would be to treat it as a special meeting, uh to have an agenda, to adhere to the agenda, and to ask that the Clerk provide notice of this as a special meeting." Mayor Morgan: "Could the Vice Mayor..." Vice Mayor VanDeventer: "No." (Laughter.) Mayor Morgan: "Could Mr. Cooper represent me there?" Councilman Cooper: "Who all's going?" Vice Mayor VanDeventer: "Well if we're just minimum of two, Mr. Dalla and you.." stc ouncilman Cooper: "I'll represent you. I'll go with Mr. Dalla and we won't have a quorum." Councilman Waters: "Will you tell him that I have 18 holes of golf scheduled and I can't make it." Councilman Cooper: "I sure will. Well, that took care of that anyway." ADJOURNMENT Moved by Da11a, seconded by Waters, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 9:28 p.m. CITY CLERik The foregoing minutes were approved at the regular meeting of April 1, 1986. Corrections No co M 0 CITY OF NATIONAL CITY, CALIFORNIA tions