Loading...
HomeMy WebLinkAbout1986 04-15 CC MINBook 67/Page 27 4/15/86 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 15, 1986 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: Eiser, McCabe, Deputy City Clerk Monday, 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 the Rev. Gary Craft, The Lord's Harborlight. APPROVAL OF MINUTES Minutes of the regular meeting of April 8, 1986. The Deputy City Clerk reported the minutes had not been distributed. Moved by Waters, seconded by VanDeventer, these be laid over. Carried by unanimous vote. Director, Parks & Recreation Ruiz was present and introduced Sylvia Price, one of his employees who was selected Miss Southeast San Diego. Mayor Morgan presented Miss Price with a letter of appreciation. PROCLAMATION Moved by VanDeventer, seconded by Cooper, it be accepted by title only. Carried by unanimous vote. Proclaiming the week of April 14 — 18, 1986 EARTHQUAKE PREPAREDNESS WEEK. Moved by Waters, seconded by VanDeventer, so move. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS TOM HORNING (representing Stephanie Albrektson), 448 Del Mar Ct., Chula Vista, was present and requested an opportunity to ask Council for advice and direction on Resolution No. 14,917. Mr. Horning was advised he could speak during that portion of the agenda. PUBLIC HEARINGS Continued Public Hearing — Appeal of Planning Commission's conditions to conditional use permit 1984-30 at 1204 32nd Street, Applicant: Bay City Marine. The Planning Commission approved subject to 17 conditions; staff recommends that the public hearing be closed and the appeal be filed. Moved by Cooper, seconded by Dalla, at this time the hearing be closed and we file this matter. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,908 through 14,920). Moved by Van Deventer, seconded by Waters, they be accepted by title only. Carried by unanimous vote. Mayor Morgan requested Resolutions Nos. 14,908 and 14,911 be considered separately, and said he would abstain on Resolutions Nos. 14,916 and 14,917. Councilman Cooper requested Resolutions Nos. 14,918, 14,919 and 14,920 be considered separately. Moved by Waters, seconded by VanDeventer, the rest of these Resolutions be approved. Carried by unanimous vote. Resolution No. 14,909, "RESOLUTION ORDERING PLANS AND SPECIFICATIONS ("I" AVENUE FROM 24TH TO 26TH STREETS) ASSESSMENT DISTRICT NO. 227." See above. Resolution No. 14,910, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR HANDICAPPED ACCESS." See above. Resolution No. 14,912, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR SEWER PURPOSES FROM EARL THOMAS READER AND MARY M. READER (APN 591-100-03)." See above. Book 67/Page 28 4/15 /86 Resolution No. 14,913, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR SEWER PURPOSES FROM EDWIN M. CAMPBELL, JR. AND JANE FLAGG CAMPBELL (APN 591-100-25). See above. Resolution No. 14,914, "RESOLUTION ACCEPTING CONVEYANCE OF A PERMANENT EASEMENT FOR SEWER PURPOSES FROM JEAN O'GORMAN (APN 591-100-31)." See above. Resolution No. 14,915, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR A 1911 ACT IMPROVEMENT PROJECT (17TH STREET FROM LANOITAN AVENUE TO RACHAEL AVENUE) ASSESSMENT DISTRICT NO. 226." See above. Resolution No. 14,916, "RESOLUTION APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER AND WINE (TYPE 41 LIQUOR LICENSE) AS AN INCIDENTAL USE IN CON UNCTIOIN WITH A RESTAURANT AT 1467 PLAZA BOULEVARD (CASE FILE NO. CUP 1985-29)." See above. Resolution No. 14,908, "RESOLUTION ORDERING PLAT SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT NO. 227, "I" AVENUE 24TH TO 26TH STREETS." Moved by Morgan, seconded by Van Deventer, we adopt 14,908. Carried by unanimous vote. Resolution No. 14,911, "RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, ODMARK DEVELOPMENT COMPANY AND EARL T. AND MARY M. READER FOR SEWER PURPOSES." Moved by Morgan, seconded by Cooper, we adopt 14,911. Carried by unanimous vote. Resolution No. 14,917, "RESOLUTION APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (TYPE 47 LIQUOR LICENSE) AS AN ACCESSORY USE IN CONJUNCTION WITH A RESTAURANT HAVING A BAR/COUNTER OVER WHICH THE ON —SALE OF ALCOHOLIC BEVERAGES SHALL BE SERVED TO THE PUBLIC (NO SEATING AT THE BAR/COUNTER) AT 1430 PLAZA BOULEVARD, SUITE "E-1, APPLICANT: STEPHANIE IRENE KAYE, CASE FILE NO. CUP-1985-27." Moved by Van Deventer, seconded by Dalla, in favor of Resolution 14,917 as stands. Carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters. Nays: None. Abstaining: Cooper, Morgan. Resolution No. 14,918, "Resolution accepting a grant of a permanent easement for construction and maintenance of a wall and related facilities on Palm Avenue (Sacramento Professional Investm ent Group).", Resolution No. 14,919, "Resolution authorizing appropriation and transfer of funds from 1911 contingency to roadway protection (Palm Avenue. — Engineering Specification No. 985).0, and Resolution No. 14,920, "Resolution declaring Retaining Walls Company the lowest responsible bidder and authorizing the Mayor to execute an agreement with Retaining Walls Company." Moved by VanDeventer, seconded by Waters, to have 12, 13 and 14 removed. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by Waters, seconded by VanDeventer, they be read by title only. Carried by unanimous vote. "Ordinance of the City Council of the City of National City amending Ordinance Nos. 1698 and 1785, and Chapter 1.28 of the National City Municipal Code, to authorize arrest powers for building inspectors." (Amended to include Fire Chief, Battalion Chiefs, Fire Marshal and Fire Inspector). "Ordinance of the City of National City, amending Ordinance Nos. 1853, 1665, 1621 and 1358, and Section 1.20.010 of the National City Municipal Code, specifying penalties for violation of City ordinances." OLD BUSINESS United States Institute of Amateur Athletics request for funds. Staff recom mends Book 67/Page 29 4/15 /86 that Council authorize distribution of the remaining CYAA funds to USIAA. Moved by Cooper, seconded by Van Deventer, in favor of the City Manager's request, the money to be used for the rent of the building (amended motion). Carried by unanimous vote. NEW BUSINESS WARRANT REGISTER #41, Demands in the amount of $162,642.62, and Certification of Payroll in the amount of ;313,300.28. Moved by Waters, seconded by Cooper, these bills be paid and warrants drawn. Demands ratified by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters, Morgan. Nays: None. The CLAIMS FOR DAMAGES of ERICK R. IBANEZ and ARMORED TRANSPORT OF CALIF., INC. Moved by Dalla, seconded by Van Deventer, this claim be denied and referred to the attorney. Carried by unanimous vote. WRITTEN COMMUNICATIONS Request from National City Police Reserves to serve alcoholic beverages in the Kimball Community Building and for a waiver of fees. Staff recommends approval. Moved by Waters, seconded by Van Deventer, in favor. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Request from Bonita Willows Homeowners' Association for City Council authorization to remove and replace trees within the Bonita Willows Condominium Project, 3300 through 3700 block of Sweetwater Road, Northside. Staff recommends approval. Moved by Cooper, seconded by VanDeventer, we send it back (to the Assoc. Board). Carried by unanimous vote. Temporary Use Permit — Maytime Band Review. Staff recommends approval subject to the following conditions: Parking of buses and other support vehicles will require much more space than "D" Ave.; 12th to 16th, "D" Ave., near Morgan Towers should not be closed as emergency vehicle and resident traffic cannot be interrupted; buses will have to be parked on Kimball Way, "D" Ave., 16th St., and possibly Plaza Blvd.; a detailed parking plan will be completed prior to 4/15/86; hold harmless agreement and insurance should be provided; a no fee business license is needed, and a list of approved sellers should be submitted, Temporary Use Permit — National City Lions Club. Staff recommends approval subject to the following conditions: Hold harmless agreement and insurance must be provided; a list of any approved outside vendors is needed; a separate permit shall be obtained from the NCFD, including plot plan; all tents, canopy covers and palm fronds shall be flame retardant, with certification provided to the Fire Dept.; inspection shall be done by the Fire Dept. prior to opening; fire extinguishers shall be provided; it is recommended that hours not extend beyond 11:00 p.m.; applicant should request closure of "D" Ave., and Temporary Use Permit — McCune Chrysler Plymouth. Staff recommends approval subject to the following condition: a separate permit should be obtained from the Fire Dept. prior to the event. Moved by Van Deventer, seconded by Cooper, in favor. Carried by unanimous vote. OTHER BUSINESS — NOTICE OF DECISION Planning Commission — Notice of decision. Resolution No. 12-86 denying application for conditional use permit to add the sale of distilled spirits (Type 21 Liquor License) to existing sale of beer and wine as an incidental use to a convenience market at 2400 Highland Avenue. (Applicant: Garth R. Brunson) (CUP-1986-02). The Planning Commission denied this application and staff concurs. Moved by Dalla, seconded by Van Deventer, it be filed. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. Possible uniform change for National City Police Officers. Moved by Morgan, seconded by Cooper, we approve the change. Carried by unanimous vote. Report of Engineer on feasibility of Petition, District 227, "I" Avenue — 24th to 26th water improvements. Staff recommends that Council accept the Certificate and direct the project to proceed under the 1931 Act Proceedings. Moved by Van Deventer, seconded by Dalla, so moved. Carried by unanimous vote. Book 67/Page 30 4/15/86 Report to Mayor and City Council: employee organization response to adoption of Section 320 of Civil Service Rules. Staff recommends this be accepted and filed. Moved by Van Deventer, seconded by Dalla, accept and file. Carried by unanimous vote. Report of Traffic Safety Committee Meeting of March 12, 1986. Moved by Cooper, seconded by Waters, we take that (Item 4—Old Business) out of the report. Carried by unanimous vote. Moved by VanDeventer, seconded by Morgan, so move (remove "No Parking on Saturday and Sunday" signs from "B" Ave. west on 31st St.) Carried by unanimous vote. Moved by Van Deventer, seconded by Cooper, maybe we should refer it back to them, tell them a little bit clearer that we're talking about maybe larger signs showing crossing, with crossing stripes on it (crosswalks at 8th & "A" and 8th & "B"). NOTE: There was no vote on this item. Moved by Waters, seconded by Cooper, this item we get a report back on that next week. Carried by unanimous vote. Moved by Waters, seconded by Cooper, the rest of the items be approved at this time. Carried by unanimous vote. Meeting of Real Estate Committee. Trailed to the end of the agenda. CITY MANAGER City Manager McCabe: I have no report. CITY ATTORNEY City Attorney Eiser: I have no report other than uh, on the next item, item 31 uh, I have spoken to the City Engineer uh, about this issue, and uh, I'II defer to him on that. I'd be happy to answer any, any questions on this same subject. Mayor Morgan: Well is it, is it where we can uh go ahead and have him in his uh curbs there, I mean uh, concrete? City Attorney Eiser: Well my conclusion, in talking to the Engineer, we got the uh original Resolution, and it does provide uh three options, one of which is that the owner will install the required improvement within 30 days of a written demand to do so by the City Engineer. And this is regarding the uh alley between Kenton and Harbison, north of Division St. So I think if it's the Council's desire to require that improvement that uh the appropriate action would be to direct the City Engineer to, to make the demand as uh contemplated by this condition. Councilman Waters: So move. Mayor Morgan: I make a motion that we uh authorize the City Engineer to uh, when the building permit is issued that uh, show in the plans that he will put in uh, uh, the alley. Vice Mayor Van Deventer: Second. Councilman Cooper: The half an alley? That's a half an alley. Councilman Waters: Half an alley. His share of the alley. Mayor Morgan: Well now, I think he should put in thirteen uh... Vice Mayor Van Deventer: He has to put thirteen feet in. Mayor Morgan: Thirteen feet. Councilman Waters: Thirteen feet. Councilman Cooper: That all? Mr. Cunradi: (unintelligible) Councilman Waters: There's a handicapped... Councilman Cooper: He wants to talk on this. Mr. Cunradi: Yes. Mayor Morgan: Uh huh. Oh, he's... Mr. Cunradi: I guess I can talk. Mayor Morgan: Yeah, you can. Yeah. Mr. Cunradi: I already have, the City demanded me to put up oh $10,746 already on Harbison. Therefore, I have a signed contract that this job is $95,700 total. How can I be forced to put in an alley on top of all this? It's unbelievable. Councilman Waters: A half an alley isn't it? Mr. Cunradi: It has a gravel alley. Councilman Waters: Just your half, wherever you're developing, nothing else. Vice Mayor Van Deventer: Can I... Mr. Cunradi: No, it's gravel from one end to the next. Mayor Morgan: Jess... Councilman Waters: I, 1 assure you it is. Vice Mayor VanDeventer: (unintelligible) ...can I speak on this? Mayor Morgan: Yes you can. Vice Mayor Van Deventer: At this time —two, two situations here is a concern to Book 67/Page 31 4/15/86 all of us here on this Council. One, you're building 'em, you're gonna sell these homes. Mr. Cunradi: No sir, not all homes. Vice Mayor VanDeventer: Okay, well, that's im material. You're gonna be gone. You know you're not gonna own all three of them. Mr. Cunradi: I'm gonna live in one. Vice Mayor VanDeventer: Okay, you might live in one. Mr. Cunradi: Yes. Vice Mayor Van Deventer: But if we don't do it, our past experience has been setting up this City Council, has been if we don't do it now, they don't get in, owners change, and the amount of money that's put up in a bond or whatever, we have numerous cases here where they cannot get that alley put in now, or the curbs or sidewalks whatever, and it calls out that can be a requirement. And since we started requiring that, we've had numerous projects in commercial and residential where these alleys have been put in, and we have had other people backing up to those alleys coming along and then putting in theirs. And I think it's the, oh, I'm speaking for myself, 1 think it's the only way to do this project, to encourage the others to do it, and by doing what we're doing for you will encourage them to do that. Mr. Cunradi: What you're doing to me, yeah. Okay. Councilman Waters: Leave me, leave me ask you... Mr. Cunradi: All the property owners too sir, do not want paving in that alley. All property owners are fighting that, including me. Mayor Morgan: All right now George, you got a question. Councilman Waters: Leave me ask you this. Are you, if, if you have to do this, are you in any financial straits? I mean uh... Mr. Cunradi: Yes, I... Councilman Waters: We've done this for people... Mr. Cunradi: Sir, I, I... Councilman Waters: Excuse me, you've spoken up, and then you, then you answer me. Uh, if there is a possibility that'd put you in a financial bind, we've done this in the past, that you go ahead and do your development, and you could put it in six months or a year later with a bond. It's uh, uh, and sure I said you could do it. But it you're not in a bind, put it in all now. I'm, but, we give you that opportunity if it becomes a real financial problem to you. Mr. Cunradi: I'm not a developer. I was accused of being one. This is my first project, and believe me, this is my last. (Laughter) I'll never, I'm retired from the sheet metal workers, I've always had to work for other people. Councilman Waters: Well if you need help that way, the Council will help you. Mr. Cunradi: Yeah. Councilman Waters: ...in that way. Mr. Cunradi: Well... Councilman Waters: I do. Mr. Cunradi: If I have, the cost of this thing is getting astronomical. I just... Councilman Waters: I know that. Mr. Cunradi: ...put in a piece of paving that's, that's not going to be used, is to m e is ridiculous. Councilman Waters: Evidently... Councilman Cooper: I agree. I agree with you. Uh here we, we're making this man put in a half an alley. All of the other property owners on that alley were here last week, and they said they did not want the alley paved. Mr. Cunradi: Right. Councilman Cooper: And here we're making this man put in a half an alley which will sit there forever and ever and ever, just a half of a concreted alley, and 1 think it's ridiculous to make him do it. Councilman Waters: Maybe, maybe I can clear that up a little bit. Councilman Cooper: I wish you would. Councilman Waters: I don't think they were here saying they didn't want the alley paved. Councilman Cooper: Yes they were. Councilman Waters: Now wait a minute. They were here saying they didn't want it closed. Councilman Cooper: And they also didn't want it paved either. Councilman Waters: No, no. They didn't want to pay for the paving. Mayor Morgan: All right. Councilman Cooper: Sounds right. Mr. Cunradi: The property owners made statements before the Council that they wanted the alley left the way that it is. Book 67/Page 32 4/15/86 Councilman Cooper: That's right. Councilman Waters: They didn't want it closed. Councilman Cooper: But they didn't want it paved either. Councilman Waters: Read the rest of it. Mayor Morgan: Wait, we're getting in an argument uh here, so let's, let's see if this motion carries. Councilman Waters: Councilman Cooper: Mayor Morgan: Too Councilman Waters: Councilman Cooper: We're just debating. All right. We're just much debating. Vote Carry on. (Laughter) Now this is to make debating, that's all. please on the motion. him put it in, right? Mayor Morgan: That's right. Councilman Waters: To do the development. Deputy City Clerk: Carried by the following vote: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: Cooper. Mayor Morgan: Next order of business. MAYOR I got, I've got one item, and I passed it out to uh, this uh San Diego County Boys Baseball, and this is something that the City uh helps with every year, and they go and they public relations, and uh, it seems like it's some way that we could uh sponsor one of these boys (2 or 3 words are unintelligible) over there. And I, uh I don't know how much is in the Sister City Com mittee, but uh maybe if they, if they money in there, well we should uh, we should spend $1,000 on sending 'em over there. There's three, four, five boys in National City going. We'II sponsor one of them. They have to raise ;30,000. Vice Mayor Van Deventer: Move in favor. Councilman Cooper: Do we have —how much money do we have in... Councilman Waters: In favor of what? Councilman Cooper: ...the Vice Mayor Van Deventer: Sister, Sister City Program. Councilman Cooper: I'll second that if we have the money. Vice Mayor Van Deventer: Yes. City Manager McCabe: I'm not sure of the exact total. 1 believe there is $1,000. Councilman Cooper: $1,000? Okay. Mayor Morgan: Further discussion? Councilman Dalla: Yes. Councilman Waters: I'll second that motion. Mayor Morgan: (one or two words are unintelligible) Councilman Dalla: Can 1 ask a question, uh. Mayor Morgan: Vote please. Councilman Dalla: Well, I was gonna ask a question here. You say the motion is to sponsor someone for $1,000? Councilman Waters: No, I think uh... Councilman Cooper: (two or three words are unintelligible) Councilman Dalla: Pardon me. Councilman Waters: (unintelligible) Councilman Dalla: Okay now, what happens if there are four boys in National City, what are we gonna... Vice Mayor Van Deventer: They divide the ;1,000. Councilman Waters: They divide it up. I think that we should divide it amongst them all. Vice Mayor Van Deventer: Yeah. Councilman Waters: Not just give $1,000 to one boy. Mayor Morgan: Mike, this is something that we've sponsored every year, and they come here and then they go there. And it's, it's just really been a beautiful thing. They're gonna play Japan uh, uh, uh China. 1 don't remember all the cities, uh, uh all the states they they're going to go to, but they're gonna have four, five, six teams from these other countries that's gonna play, and they really treat 'em royal over there, and we try to treat them royal over here. And I'm hoping that we can do that. Councilman Dalla: Okay... Councilman Waters: Well could I say something, if there's two... Mayor Morgan: Mike has the floor. Councilman Waters: Okay. Councilman Dalla: The, the only point I was gonna make is that, the requests that we've had over the years for, we have the $250 maximum, and those are a number of very worthwhile projects, and they do a lot of good things, etc., etc. We have Book 67/Page 33 4/15/86 a $250 limit. It seems to me that by this motion what we're doing, is we are making a deviation from that policy. Councilman Cooper: We're out of money in that fund. Councilman Dalla: Well... (Laughter) So transfer the $1,000 to that fund and then give $250 to the people that have come in since then that we've turned down. But, we, you're suddenly giving $1,000, and we're turning other people away because we don't have $250? That doesn't make sense to me. Mayor Morgan: Okay. Vote please on the motion. Councilman Waters: Just a minute. Uh, you said Mike's next, so 1... Mayor Morgan: Okay, you're next. (Laughter) Councilman Waters: I know I'm usually last, but I don't mind that. Uh, they're the oldest, so NI go along with that. Uh, I think motion is to, to give the one boy $1,000. clear that since there's five boys, that they'll have to raise the rest of the Mayor Morgan: Well... Vice Mayor Van Deventer: Councilman Waters: Does since you made the I think each one of we ought to 'em money themself. (Unintelligible) the motion agree with that? receive motion, make you're the motion $200, and then Vice Mayor VanDeventer: A total of $1,000 to that program only. Councilman Waters: Okay, for the five boys of the City. Okay. Mayor Morgan: Vote please on the motion. Councilman Waters: We don't want mother coming in and say the other guy got it all. Mayor Morgan: Vote please. Deputy City Clerk: Carried, by the following vote: Ayes: Cooper, Van Deventer, Waters, Morgan. Nays: Dalla. Mayor Morgan: Next order of business. Councilman Cooper: Good program. CITY COUNCIL Mayor Morgan: Has the Council got something? Vice Mayor Van Deventer: Yes. Uh, one thing that uh I've already talked to the Police Chief about, but I'm bringing it up anyway, it's really uh, bothers you to see the amount of graffini that is being... Councilman Waters: Graffiti. (Laughter) Vice Mayor Van Deventer: Well I did that because Mr. Cooper wanted that corrected. (Laughter) But the problem is, is our west side, our west side, I happened to be over there on Sunday. There was none of it in the morning. Monday morning, there's a new approach to 'em now. They, they make their slogans and now they're writing a list of names. And there's two buildings over there, if you want to go over there, on 15th, and they've got lists of everybody's name, 1 guess it's their name, the Police Chief would have to talk to that. But, but it's getting out of hand, and I, I talked to the Police Chief, and 1 know we're low on people, but we've gotta put someone over there undercover, or get, we gotta do something to stop that on the west side. It's getting out of hand. Councilman Waters: I see you done something to your place here uh... Vice Mayor Van Deventer: Well they did my... Councilman Waters: They got the front door didn't they? Vice Mayor Van Deventer: Well they did, but it's removed, mine's been removed. The thing is, it's getting out of hand, and it seems like that it's uh, with our longer hours coming here very soon uh, we're gonna have more problems with it, and I think we really need to look at it hard and make it a high priority. Mayor Morgan: Let's, let's refer this to staff and they can come back... Vice Mayor Van Deventer: So move. Mayor Morgan: ...with a recom mendation. Councilman Waters: But Jess... Vice Mayor Van Deventer: So move. Councilman Cooper: Second. Councilman Waters: Jess while you're at it you know, remember just a few weeks ago, 1 asked the, the Chief of Police, the staff here, to look into the uh, this here graffiti corporation, and, and let's see if they have a lot of money, maybe we oughta have them uh paint it out. They're a corporation, they, they promote graffiti I understand. Do they or do they not? So I, I would say uh, uh, the Chief never bothered uh looking into that that 1 know of, and I don't think the City Manager took that to heart too much a couple weeks ago. City Manager McCabe: Oh yes sir. We reported back to you on that. Councilman Waters: Did you report back to me on that? What did you say? City Manager Mc Cabe: That was a one—time organization in the National City Book 67/Page 34 4/15 /86 Junior High School that painted a mural out of respect for one of their fellow classmates that was killed in a traffic accident. Councilman Waters: In other words... City Manager McCabe: And after that, it was painted out. Councilman Waters: In other words, Spice has gone away now, the guy Spice uh, he doesn't uh, he was supposed to be very active in that. Mayor Morgan: Mr. Cooper? Councilman Cooper: Uh, I would like the staff to uh, to take a good hard look at this thing, and also see if there's a possibility that we could enact an Ordinance to where we could fine these people if we do catch them, uh, for defacing the property. I think this thing has gone too far. I said several years ago, I caught a young man painting over here on this building that used to be Frank Motors. They had just painted the building white, and 1 had come to City Hall to take out a permit, and I was walking back, and 1 walked down 12th St., and this kid with his girlfriend, was there with a spray can and he was writing her name on the wall, on that freshly painted wall. And I asked him what he was doing and he said what's it to you? So I walked into the plant and got the manager— (Laughter) I don't think that was funny. I don't know who laughed, but I don't think that was funny at all. Uh, I walked in and got the manager of this property, and he came out, and started to come out there, and he says well there's no need to go out there, the police won't do anything anyhow. Now the police can arrest rem for doing it I know, for defacing property. There's gotta be an Ordinance against this, in this City. I'd like staff to take a good hard look at this and come back with this report. And let's get tough with these people, because we've tried the easy approach and it's not working, and I'd like to see what we can do to clean this mess up. Mayor Morgan: Vote on the motion please. Councilman Dalla: Which is to... Mayor Morgan: To refer this uh graffiti to... Councilman Cooper: A staff report. Mayor Morgan: Yeah. Councilman Dalla: Oops, I'm sorry, that's... Councilman Waters: Can you take care of that Tom? Deputy City Clerk: Carried by unanimous vote. Mayor Morgan: Any of the Council have something else? Councilman Dalla: Yes, I have, I have one item. Mayor Morgan: Yes, okay. Councilman Dalla: Mr. Eiser, is it permissible to have an executive session for possible litigation? City Attorney Eiser: Yes, yes. Councilman Dalla: Okay. Uh, at this tim e, I would request that we have an executive session for possible litigation. Mayor Morgan: Is that, is that the... Councilman Dalla: That's a motion. I think we have... Councilman Waters: On what, City employees or what? Mayor Morgan: Let's get, let's get through... Councilman Waters: What's it about? Councilman Dalla: Wanna take the agenda first? Councilman Cooper: Litigations. Mayor Morgan: Yeah let's, let's... Councilman Cooper: Possible litigation. Councilman Waters: Oh possible litigation. Any particular subject (several words are unintelligible)? Mayor Morgan: Uh, we got one item... City Attorney Eiser: Disclosing the subject, I think it's better not to (several words are unintelligible). Councilman Waters: Okay, I'm just asking. Councilman Cooper: Mr. uh Van Deventer, you had an item there on the uh Real Estate. You wanna take care of that now before we go in there? Vice Mayor Van Deventer: That's correct. Councilman Cooper: Okay. Councilman Waters: Okay. The meeting of the Real Estate Committee was called. Moved by Waters, seconded by Van Deventer, this be put out in the next 30 days for bid, after we have cleared up all the little incidentals we talked about now (the matter of the property the Credit Union is located on). Moved by Waters, seconded by Book 67/Page 35 4/1 5/86 VanDeventer, the motion be amended to include "for sale or other proposals". Maker of the motion and second agreed to remove the two parcels on Sheryl Lane. Amended motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Mayor Morgan: Now Councilman Waters: City Attorney Eiser: Councilman Waters: City Attorney Eiser: Councilman Cooper: City Attorney Eiser: Councilman Cooper: Councilman Waters: approve this meeting Mayor Morgan: Well Councilman Waters: bid? Vice Mayor Councilman Councilman Councilman Councilman I'll call an Executive Session Mr. Attorney. You're not gonna take... Yes Your Honor, I'd request a vote on this. We have to vote on this? Yes. It's under Government Code Section 54956.9(C). This uh, for art Executive Session? Yes. We need a motion then. Hey (two or three words are unintelligible), don't we have to for Real Estate? We just flat stopped. I thought we did everything. We didn't vote on it. Did we? Did we vote to go out to Van Deventer: Yep. Yeah. Okay. Yeah we did. Okay. Cooper: Waters: Cooper: Waters: Mayor Morgan: What is this, for litigation or...? City Attorney Eiser: Uh, it's for potential litigation. Councilman Cooper: There's a motion on the floor to... Mayor Morgan: Vote please. Mayor Morgan: VII call an Executive Session. Councilman Waters: There you go. Deputy City Clerk: (Uninteligible) Vice Mayor VanDeventer: Yes. Deputy City Clerk: Who seconded it? Councilman Cooper: I did. The Mayor did. Somebody did. Councilman Waters: City Manager. Vice Mayor VanDeventer: Strange, if you believe that. Stranger. Deputy City Clerk: You were the second, right? Councilman Cooper: Right. Council reconvened at 5:13 p.m. ROLL CALL Council members present: None. Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: Councilman Cooper: Move we adjourn. Mayor Morgan: 'Til next Tuesday at 2:00. Vice Mayor Van Deventer: Continued to... Councilman Waters: Next Tuesday at 2:00. Vice Mayor Van Deventer: Second. Mayor Morgan: Vote please. Meeting adjourned. Deputy City Clerk: Carried by unanimous vote. ADJOURNMENT The meeting closed at 5:14 p.m. C CITY CLE The foregoing minutes were approved at the regular meeting of May 6, 1986. Corrections No corr. ions MAYO CITY OF NATIONAL CITY, CALIFORNIA