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HomeMy WebLinkAbout1985 05-14 CC MINBook 65/Page 205 5/14/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 14, 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, Van Deventer, 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 Mc Cabe, followed with invocation by Dr. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Waters, seconded by Van Deventer, the revised minutes of the regular meeting of April 23, 1985 and the minutes of the regular meeting of May 7, 1985 be approved. Carried by unanimous vote. PROCLAMATIONS Moved by VanDeventer, seconded by Cooper, the Proclamations be read by title only. Carried by unanimous vote. Proclaiming the day of May 20, 1985, as "ANDY GEISER DAY FOR DYSLEXIA AWARENESS." Moved by VanDeventer, seconded by Waters, in favor of this proclamation. Carried by unanimous vote. Proclaiming the month of May 15—June 15, 1985, as "SOBER GRADUATION MONTH." Moved by VanDeventer, seconded by Waters, in favor of this proclamation. Carried by unanimous vote. Proclaiming the week of May 20-24, 1985, as "HIRE —A —YOUTH WEEK." Moved by Van Deventer, seconded by Waters, in favor of this proclamation. Carried by unanimous vote. Proclaiming the month of May, 1985, as "DYSLEXIA AWARENESS MONTH." Moved by VanDeventer, seconded by Waters, in favor of this proclamation. Carried by unanimous vote. Mayor Morgan presented the "SOBER GRADUATION MONTH" to Officer Busse of California Highway Patrol. PUBLIC ORAL COMMUNICATIONS ELIAS RODRIG UEZ, 1440 "I" Ave., was present and addressed the matter of mandatory trash service. He was advised it was on the agenda and he should speak at that tim e. PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of NOTICE TO REMOVE AN ABANDONED/INOPERATIVE VEHICLE at 1227-1229 Scott Drive, Case File No. CV- 85-44 was held at this tim e. Director of Planning Post recommended the vehicle be removed as a public nuisance. No one (including the appellant, MICHAEL PALMER) was present in this regard. Moved by Waters, seconded by VanDeventer, the public hearing be closed and all stipulations of staff be adhered to to remove this from the property (Option #1). Discussion. Councilman Cooper asked what would be done with it, the City's towing contract was with Moynahan and he does not have at this time space to park impounded vehicles. Carried, by the following vote, to —wit: Ayes: Dal la, Van Deventer, Waters, Morgan. Nays: Cooper. Councilman Waters asked Director of Planning Post to look into the situation at Moynahan's. THE PUBLIC HEARING on APPEAL of NOTICE TO REMOVE AN ABANDONED/INOPERATIVE VEHICLE at 331 North "R" Avenue, Case File No. CV- 85-49 was held at this time. Director of Planning Post recommended the vehicle be removed as a public nuisance. No one (including the appellant, JOSEPH GALKOSKI) was present in this regard. Moved by Waters, seconded by VanDeventer, the public hearing be closed and the appeal denied and staff take action to remove the vehicle. Vice Mayor VanDeventer asked if Council had taken into account using a car cover? Book 65/Page 206 5/14/85 Director of Planning Post said when the vehicle was first identified, there was a "FOR SALE" sign on it, whether a car cover would satisfy as an abatement technique is a policy matter. Vice Mayor VanDeventer said his concern was that there are cases where the people are restoring a vehicle and he would like to see that pursued. Discussion. Motion carried, by the following vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: Cooper. (Mr. Galkoski was present later in the meeting and Council reconsidered the matter. See first Paragraph, Page 211.) ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,620 through 14,624) Mayor Morgan requested Resolution No. 14,623 be considered separately. Vice Mayor Van Deventer requested Resolution No. 14,624 be considered separately. Councilman Waters requested Resolution No. 14,620 be considered separately. Moved by Van Deventer, seconded by Cooper, the consent resolutions be adopted (Res. Nos. 14,621 and 14,622). Carried, by the following vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla. Resolution No. 14,620, "RESOLUTION AUTHORIZING PAYMENT TO AMERICAN GOLF CORPORATION AND APPROPRIATING FUNDS FOR VARIOUS CAPITAL IMPROVEMENTS." Moved by Waters, seconded by VanDeventer, Resolution No. 14,620 be adopted. Carried by unanimous vote. Resolution No. 14,621, "RESOLUTION EXPRESSING OPPOSITION TO SB 1398 REQUIRING COMPULSORY AND BINDING ARBITRATION FOR POLICE AND FIRE FIGHTER LABOR NEGOTIATIONS." See Consent Resolutions above. Resolution No. 14,622, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A PAWN SHOP ON PROPERTY LOCATED AT 139 EAST EIGHTH STREET (DAVID M. SIMON — CUP-1985-2." See Consent Resolutions above. Resolution No. 14,623, "A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A&E FOR STUDY AND REPORT TO REPLACE HVAC SYSTEM AT CITY HALL." Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. NOTE: There was no motion. This resolution should be re —submitted at the meeting of May 21. Resolution No. 14,624, "RESOLUTION ADOPTING ALIGNMENT FOR STORM DRAIN ROUTE AND ACCEPTING INCREMENTAL COSTS THEREOF (CHANNEL PROJECT SIDE DRAIN, NATIONAL CITY BOULEVARD)." Discussion. Carried by unanimous vote. NOTE: There was no motion. This resolution should be re —submitted at the meeting of May 21. ORDINANCES FOR ADOPTION Moved by Van Deventer, seconded by Waters, the Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1854, "AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING SECTION 1.04.041 TO THE MUNICIPAL CODE." Moved by VanDeventer, seconded by Cooper, Ordinance No. 1854 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Ordinance No. 1855, "ORDINANCE AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH REQUIREMENTS FOR FAST FOOD RESTAURANTS (A-1-85)." Moved by VanDeventer, seconded by Dalla, Ordinance No. 1855 be adopted. RON TE M K O, John Burnham Co., was present, representing James Norman, owner of property on Plaza Boulevard which could not be used for fast food restaurant if this ordinance was adopted. Mr.Temko read a letter fro m Mr. Norman even though Council advised him they had received copies. Councilman Cooper commented that Mr. Norman stated in his letter that the property is surrounded by streets but there is a residence to the east of the property which he did not mention; also he talked to Mr. Barber who owns the property on the other side and he doesn't want fast food there, he hopes to put in something fine there. Director of Planning Post said he had a very cordial conversation with Mr. Norman; this is not a large re —zoning; this is an amendment being considered; tonight is the final decision on the ordinance; the matter was before the Planning Commission and before Council; if this is adopted and the issue settled, if there are proper findings, there could be a variance. ART TRAINER, Der Weinerschnitzel, was present and said they had tendered an offer to Mr. Norman; they planned on putting more than one restaurant i n National C i t y; each Book 65/Page 207 5/14/85 restaurant would employ approximately forty youths; since they tendered an offer and some loss will be suffered by the property owner, could this be grand —fathered? City Attorney Eiser advised that other than the variance procedure there was no way; it could not be grand —fathered. Motion carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. Ordinance No. 1856, "AN ORDINANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (GP-3-85/ZC-1-85 AND A—L-85/ZC-2-85)." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1856 be adopted. Carried by unanimous vote. Ordinance No. 1857, "AN ORDINANCE AMENDING ORDINANCE 1795 AND SECTION 11.16.010 (SPEED ZONES DESIGNATED) OF THE NATIONAL CITY MUNICIPAL CODE ESTABLISHING SPEED ZONES ON VARIOUS CITY STREETS." Moved by Dalla, seconded by VanDeventer, Ordinance No. 1857 be adopted. Carried by unanimous vote. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 45, dated May 7, 1985, in the amount of $104,209.00 (Warrants Nos. 87646 through 87721) and CERTIFICATION OF PAYROLL in the amount of $289,091.26, for the period ending April 30, 1985, 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, VanDeventer, Waters. Nays: Morgan. APPLICATION for person transfer of ON —SALE BEER LICENSE, Type 40, of KIM H. L. and TERRY E. HOPPE, CHUCK'S INN, 831 East Eighth Street, was presented. (Police, Planning and Building Depts. found no grounds for objection.) Moved by Cooper, seconded by VanDeventer, in favor. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. APPLICATION for transfer of a MULTIPLE OUTLET OFF —SALE BEER AND WINE LICENSE, Type20, of THE SOUTHLAND CORPORATION and CHIA—TU and NIAN— Y U N—C H U, 7—ELEVEN FOOD STORE #2001-17265, 1603 East 18 Street, was presented. (Police, Planning and Building Depts. found no grounds for objection.) Moved by VanDeventer, seconded by Cooper, in favor. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. The City Manager's report (prepared by Asst. City Manager G. Bolint) on the THELMA HOLLINGSWORTH WING at the Library (re —naming the Local History Room at the Library to the "Thelma Hollingsworth Local History Room;H dedication ceremonies program for May 21, 1985, hosted by Library Board and Friends of the Library, etc.) was presented. Ordered filed by unanimous vote. The City Manager's report (prepared by Dave Adams) on the PROGRESS of the City's PUBLIC RELATIONS PROGRAM (thirteen item listing of projects completed or in progress) was presented. Ordered filed by unanimous vote. The City Manager's report (prepared by Dave Adams) on STATUS of possible restoration of CORONADO—SAN DIEGO FERRY BOAT (Don Nay, Port Director, states is not feasible because of: 1. Considerable restoration and maintenance expense, 2. lack of available berthing space, and 3. the purchase price of $600,000.) was presented. Ordered filed by unanimous vote. WRITTEN COMMUNICATIONS The REQUEST of NATIONAL CITY AMERICAN LITTLE LEAGUE to use Kimball Community Building for its ANNUAL FUND—RAISING DANCE on May 25, 1985, approximately 200 adults attending, and for permission to serve alcoholic beverages (City Building Rental Policy requires that the following be done when alcoholic beverages are to be served: 1. Applicant shall obtain a use permit from ABC, a copy to be filed with Public Works prior to the event; 2. A Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences ] naming the City as co—insured shall be submitted; 3. Security arrangements shall be approved by the Chief of Police) was presented. Moved by VanDeventer, seconded by Cooper, in favor. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Book 65/Page 208 5/14/85 A letter from COUNCILMAN DALLA to the Mayor and City Council, dated May 9, 1985, regarding Council's support for Ordinance No. 1812 which includes the provisions for MANDATORY TRASH SERVICE and stating a public hearing was held, and at the conclusion of the public hearing a motion was made and carried unanimously to adopt the ordinance...it is clear...was adopted with the support of the entire City Council, was presented. Councilman Dalla said the letter was for information and no action was required, the letter could be filed. Mayor Morgan said he could not go along with this because there was only one company hauling trash —it would be different if there were two. ED BURR, EDCO, was present and said the idea of "mandatory trash service" was not his idea, he didn't request it. Mayor Morgan said it was absolutely wrong. Councilman Waters said he never voted for mandatory trash service, merely to have hearings on mandatory trash service. Moved by VanDeventer, seconded by Cooper, the letter be filed. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer. Nays: Waters, Morgan. OTHER BUSINESS Planning Com mission Resolution No. 20-85, DENYING an APPLICATION for CONDITIONAL USE PERMIT to allow the SALE OF BEER AND WINE (Type 20 License) in conjunction with a delicatessen at 105 West 35 Street, Suite H was presented. Moved by Cooper, seconded by Van Deventer, in favor of the Planning Commission's decision. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. Planning Commission Resolution No. 19-85, DENYING an application for ZONE Variance to ALLOW THE DIVISION OF A .80 ACRE PARCEL INTO FOUR PARCELS, one of which will have 20—feet of street frontage in lieu of the required 50—feet at 1311 Division Street, Applicant: D. R. Munson, Z-9-84, was presented. Discussion. Director of Planning Post said the applicant has agreed to re —design the project. Moved by Dalla, seconded by VanDeventer, it be filed. Carried by unanimous vote. The Director of Public Works' REPORT AND RECOMMENDATION on SENIOR CITIZEN TRASH RATES (On 3/26/85 Council requested staff to explore the feasibility of reduced rates for trash service for senior citizens...resulting in the following proposals: a. The City, in permitting access to its senior citizens facility, Morgan Towers, defines a senior citizen as age 62 or older. Therefore, that should be the proposed benefit age. b. Since the policy is designed to be of benefit to senior citizens, the benefit is available only to senior citizens who are the head —of —household and are the persons who would normally be expected to pay the bills. c. The rate reduction should be approximately 20%...from the present $6.25 per month to $5.00 per month, which is comparable to senior citizen discounts on other goods and services...This has been discussed informally with EDCO officials who interpose no objection and indicate that EDCO will administer the program. They would ask for age verification and head —of —household certification, which they would keep in their billing files, subject to verification periodically. A senior citizen's rate would be separately stated in future rate change requests. Staff recommends approval of senior citizens' trash rate of $5.00 per month for citizens who are 62 years of age or older and who also are head —of —household.) was presented. EDNA HOLLAND, 521 Harbison, was present and said she read part of the original code which says you could have either designated service or alternate. City Attorney Eiser said Council may make or grant exceptions. ELIAS RODRIGUEZ (Citizens Action League), 1440 "I" Avenue, was present to speak for his mother and to request the decision on the matter be delayed for two weeks; senior citizens need help, not more bills. Councilman Cooper asked when Mr. Rodriguez first learned of the trash ordinance and said Council has been working this for four weeks; this was to go into effect on May I, Council delayed it to May 14 for staff report and now you are asking for another two weeks. Mr.Rodriguez replied when this ordinance was put together, the trash service was just a small part of it. Vice Mayor VanDeventer said speaking to the senior citizens, he thought there has been enough discussion; there is a way to help solve the problem totally; also he would like to see Council go with the trash bags — seniors buy the bags and put the bags out and not in his dumpster, or anyone else's dumpster. Councilman Dalla said the idea is to give some relief to the seniors; Mr. Rodriguez was asking that Council hold up relief to the seniors. ROY FIERRO, 2221 Prospect, was present and said he is not against any City ordinance; he uses EDCO service for his apartments; he is a general contractor and he has to go to the dump twice a week and it is easy to take his household trash with him. Vice Mayor VanDeventer requested that only senior citizens speak at this time. Councilman Cooper said if Mr. Fierro gets a receipt at the dump and sends the receipt to EDCO when he receives his bill, they will cancel it. ED BU R R, EDCO, confirmed that EDCO would cancel the billings on receipt of dump receipts. JENNIE HERRERA, 182 Civic Center Drive, was present and said she and her husband lived on a fixed Book 65/Page 209 5/14/85 income and just cannot afford the trash servicce. HAZEL SUNDAY, 2503 Norfolk, was present and said she pays Willie Fitzgerald $50 a month to do her yard work and he hauls the yard trimmings and her household trash to the dump; she has cancelled checks and receipts. MR. BARAJAS, Chula Vista, was present and explained how the "senior trash bag" and pickup work in Chula Vista; there will be complaints at first but no backlash; Chula Vista also accepts dump receipts; he was for the trash service ; he believes in it, he has dumpsters; if service is mandatory for everyone, it will beautify the City. Moved by VanDeventer, seconded by Cooper, effective June 1 the senior citizen's trash rate of $5.00 per month for those who use EDCO service and who are 62 years of age and head —of —household, that there be the option for seniors who have very little trash of purchasing trash bags from EDCO (for approximately 90 cents each in Tots of thirteen) and putting the bags out for pickup when full, and those who haul trash to the dump will have their bills cancelled on turning in their dump receipts (amended motion). Discussion re the cost of the trash bags and how they would be sold. Moved by Morgan, seconded by Waters, the motion be tabled for two weeks from tonight. MICKIE HEAD, Paradise Drive, was present and asked a number of hypothetical questions. Motion to table failed, by the following vote, to — wit: Ayes: Waters, Morgan. Nays: Cooper, Dalla, Van Deventer. MYRTLE BEAM, 830 Roosevelt, was present and asked how much it would cost to use the bag service. Councilman Dalla advised her that if she used a bag a week for pick—up it would cost her approximately $3.90 a month. Moved by Waters, trash bills be eliminated for everyone over 62 years of age. Died for lack of second. Councilman Waters asked how m any senior citizens there were in the co m munity. Motion carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Councilman Waters explained he was voting strictly for the seniors, not for mandatory trash pick—up. Mayor Morgan said he could not support the motion because it was for mandatory trash pick—up. The Director of Public Works' report on CORRESPONDENCE requesting EXEMPTION from MANDATORY TRASH SERVICE [Between March 15-20, 1985, notice was mailed to 1600 households not currently using trash service advising of Ordinance No. 1812 ("Section 7.10.020 Collection required —Violations. A. Every dwelling, commercial or industrial establishment where garbage or refuse is generated shall be provided with regular collection service by the refuse collection contractor designated by the city council or by alternate means approved by the city council...) and stating effective May 1, 1985, refuse service shall be required. Approximately fifty letters were received in various city offices requesting exemption: twelve letters stated "...don't generate m uch/any trash and cannot afford to pay;" two letters stated "...recycle all glass and newspapers, burn trash in fire place and bury garbage as compost;" sixteen letters stated "someone (self/son/neighbor/friends) takes trash to the dump (time periods varying from three times per week to twice yearly;" five letters stated "I have a business in town where I have or provide trash service, so I include residential or business trash there;" seven letters stated "I take my trash to some place out of town but not to the dump;" five letters stated "I put my trash with that of someone else who already pays." Staff recommendation is that any variance granted should be granted for a specific period of time. ] was presented. RICHARD MARKSON, Richards Furniture, was present and said apparently you all voted unanimously for mandatory trash service, but is it possible that you voted for a bad law? Public Works said we would be in violation of law if we didn't sign upwith EDCO; he was concerned about this; EDCO told him his service would be $7.30 a month. Councilman Dalla said there are a lot of people who are participating in the service; and asked how Council could separate people who should have the service from those who shouldn't? how could Council separate Mr. Markson from other people? if all you have to do is say I don't need it and we see trash in other people's dumpsters...how would you determine unless we watch everybody? Councilman Waters said he would like to hear what Mr. Williams recommends. Director of Public Works Williams said he made no recommendation; that is a policy decision. Discussion. Councilman Waters said Council should set up one night to hear the requests for exemptions. Vice Mayor VanDeventer said some people who haul their own trash need exemptions; as long as they go to the dump, they don't need to pay, but do need to send their dump receipts to EDCO. JOSEPH GALKOSKI, 331 North "R" Avenue, was present and insisted Council re —open the hearing on his appeal of abatement of inoperative vehicle. Moved by Waters, item 2 be re —opened. Died for lack of second. Mayor Morgan advised Mr. Galkoski to see Dir. of Planning Post. Mr. Galkoski became more insistent in his demands to be heard. Moved by Waters, seconded by Cooper, once again Item 2 be put at the end of the agenda. Carried by unanimous vote. LES HANSEN, Maple Cottage, Highland Avenue, was present and said he takes his truck to the dump regularly; he has receipts. ED Burr, EDCO, said he would accept the receipts in lieu of payment. RON RICHARDSON, 514 Rose Drive, was present and said he owns two landscape maintenance companies in Chula Vista and he has two dumpsters; at present he takes his household trash Book 65/Page 210 5/14/85 there; and asked if he could have an exemption. Councilman Cooper said he was a senior citizen and has two dumpsters; he did not doubt that Mr. Richardson would do anything but what is right, but the next person will not do what is right; Mr. Richardson had trash so far as he (Mr. Cooper) was concerned. Vice Mayor VanDeventer asked if he were to present his bill to EDCO, would he have an exemption. Councilman Cooper said in that case, he would do the same thing. Councilman Dalla said a lot of people have dumpsters where they work, it is impossible to make special applications to fit everyone's special circumstances; you are making it more complicated than is workable. Mayor Morgan said it is hard to be fair to everybody; staff should have made some recommendations; staff has let us down. ROY BARTON, 2930 "N" Avenue, inquired if it was all right to put his trash out in cans, he heard talk about bags. ED BURR, EDCO, said if he was using the regular service or the $5.00 senior citizen service, cans would be fine. MR. BA RAJAS, Chula Vista, came to the podium again and said businessmen can deduct the cost of trash as a legitimate business expense. Moved by VanDeventer, seconded by Cooper, exemptions be granted to those who haul their trash to the dump as long as they turn in their receipts to EDCO. Discussion about receipts from County Dump at Otay Mesa as opposed to receipts from City of San Diego landfill. Vice Mayor VanDeventer said as long as there is a receipt from a landfill or dump; a receipt would have to be turned in. MICKIE HEAD and EDNA HOLLAND both returned to the podium separately and asked how often you would have to go to the dump, what about people who are not seniors but who do not have the money to pay, etc. Councilman Waters said he thought the three members of Council had modified this to the point where he could vote for it. Motion carried, by the following vote, to — wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Mayor Morgan called at three minute recess at 9:14 p.m. Council reconvened at 9:19 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. DONNA MADDEY, Dyslexia Society, was present. Mayor Morgan gave two proclamations to Ms. Maddey. Ms. Maddey thanked Council for the proclamations and invited all to a reception for Andy Geiser from 7-8 on Monday, May 20, at Greg Rogers Auditorium. CITY MANAGER No report. CITY ATTORNEY No report. OTHER STAFF The City Clerk's reports on opening of sealed bids (BUS PASSENGER LANDINGS, Spec. No. 966: Sapper Construction Co. — $14,955.00; T. B. Penick & Sons, Inc. — $12,780.00; ABC Construction Co. — $9,991.76; Carolyn E. Scheidel — $11,636.00. EL TOYON & LAS PALMAS PARK, Spec. No. 967: T. B. Penick & Sons, Inc. — $116,424.94; ABC Construction Co. $104,430.49; O'Neill & Perry Construction Co. — $109,133.00; and Addax Construction Co. — $158,214.82) were ordered filed by unanimous vote. MAYOR Mayor Morgan inquired about the sewer problem at "B" or "D" and 4th. The Mayor was advised that it was a false alarm; a man was washing his car. CITY COUNCIL Vice Mayor VanDeventer said to clear something up, he would make a motion. Moved by VanDeventer, seconded by Dalla, the transcription of the Donnelly grievance hearing before the Civil Service Commission be typed by our secretary, Millie, from duplicate tape to be copied by the City Clerk. Discussion. Carried by unanimous vote. Councilman Waters said people complain about lack of parking spaces here at City Hall and suggested at least one space assigned to Detectives before they moved across the street be made available to the public. Book 65/Page 211 5/14/85 PUBLIC HEARINGS The PUBLIC HEARING on APPEAL of NOTICE TO REMOVE AND ABANDONED/INOPERATIVE VEHICLE at 331 North "R" Street was reconsidered at this time. JOSEPH GALKOSKI, appellant was present and said he has had the pick— up truck at his home since 1974, he is rebuilding it as a keepsake for his son, it will be his son's 16th birthday gift. Discussion. Moved by VanDeventer, seconded by Dalia, we hold this item for thirty days and if he doesn't have it on a paved area, we tow it away. Carried by unanimous vote. Moved by Waters, seconded by Cooper, Council go into Executive Session on possible litigation. Carried by unanimous vote. Council left the Chambers at 9:40 p.m. Vice Mayor VanDeventer remained in Council Chambers and did not attend the Executive Session. Council reconvened at 9:58 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. ADJOURNMENT Moved by Cooper, seconded by Waters, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 10:00 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of Corrections No co rections CITY OF NATIONAL CITY, CALIFORNIA AGENDA ITEM #19 5/14/85 City of National City Office of the City Council 1243 National City Blvd., National City; Ca. 92050-4397 Phone: (619) 477-1181 MAY 9, 1985 TO: MAYOR AND COUNCILMEMBERS FROM: COUNCILMAN MICHAEL DALLA SUBJECT: COUNCIL SUPPORT FOR ORDINANCE 1812 MANDATORY TRASH SERVICE At the April 23 City Council meeting there was substantial discussion of Ordinance 1812 which requires mandatory trash service and how it came to be adopted. During that discussion, I maintained that the ordinance had been considered and approved by unanimous vote of the City Council from its introduction to its final adoption. My contention, however, was strongly challenged. So strongly challenged infact, that I felt compelled to recheck my information to confirm its accruacy. The information I had was taken from the approved _minutes of the City Council meetings of January 24 and February 28, 1984 (Book 64, Pages 42, 43 and 76 respectfully). Those minutes, which are attached to this memo for reference and verification show that a public hearing was held on January 24, when mandatory trash service was considered. At the end of that hearing the following took place: "moved by Waters, seconded by Ca macho, the public hearing be closed, Title 7 be approved and all stipulations of staff be adhered to. Carried by unanimous vote." On February 28, 1984 that same ordinance came up for final adoption. As the minutes clearly show, Ordinance 1812, which required mandatory trash service, "carried by unanimous vote". Since it is possible for the minutes of Council meetings to contain an occasional error, I checked the certification of the adoption of Ordinance 1812 by the City Clerk and found it verified the unanimous vote reflected in the minutes. A copy of that document is attached for review. From the information cited above the following facts become clear: 1. On January 24 a public hearing was held on mandatory trash service. 2. At the conclusion of the hearing, a motion to adopt the ordinance requiring mandatory trash service was made and passed unanimously. f MEMORANDUM MAYOR & COUNCILMEMBERS MAY 9, 1985 3. The final adoption of that ordinance took place on February 28, 1984. Again by unanimous vote. Thus, it is clear from all available information, that mandatory trash service was adopted with the support of the entire City Council. It should dispel any contention that mandatory trash service was opposed by any member of the City Council during their critical stages when it was considered and finally adopted. MICHAEL R. DALLA COUNCILMAN Passed and adopted by the Council of the City of National City, California, on February 28, 1984 by the following vote, to -wit: Ayes: Councilmen Camacho, Da11 ar Van Deventer, Waters, Morgan Nays: Councilmen None Absent: Councilmen None e Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National Cny. California IONE CA 1P80LL City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, 10 wit, on February 7t 1984 and on February 28, 1984 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full as dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1812 of the City of National City, passed and adopted by the Council of said City on Felnuary..28....1.9.84 (Seal) By: City Clerk of the City of National C ty, California Deputy LAND 1 HEREBY CERTIFY that the same has been duly published rC Q to law. Ty (Seal) fay Clerk of t Cdy of National City, California L 1C The PC=LIC HEARING on the ADDITION of a new title, TITLE 7, Pi :'i.7:TY CONSERVATION and CO:•L,tUNITY APPEARANCE CODE to the National City Municipal Code (The National City Municipal Code now contains a numt.er of regulations that are related to elimination and prevention of blight; those regulations 'are scattered throughout the Code in a manner that is confusing and difficult to use; they have not been updated to keep pace with present day needs and they do not take full advantage of available enforcement tools; this program will update and organize the local code enforcement program and suggest certain needed controls rich have been lacking; input received from Council at the November 29, 1983 workshop session has been incorporated into the draft; staff recommends Title 7 be approved) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Post said staff recommends approval, and read into the record the headings on the code package: General Provisions; Definitions; Abandoned Facilities; Environmental Conditions; Garbage tnd Refuse Collection; Accumulation of Junk; Litter, -Debris and Rubbish; Graffiti Control; On -Street Activities; Outdoor Activities; Housing Conditions; Apartment House and Condominium Property Management; Vandalism and Security; Handbills and Billposters; Mosquitos and Flies; Enforcement. BERNARD TRAGER, 516 E. 24th St., was present and spoke in favor of this Code amendment. Planning Director Post said this will be incorporated into the Land Use Code and the General Plan. Discussion. ALLAN GAGNER, 801 Olive St., was present and inquired if this has anything to do with automobiles on the street. Planning Director Post replied that it does; it will assist in the alleviation of junk cars on the street and on private property. Mr. Gagner inquired what the City plans to do about the graffiti problem. Mr. Post replied this code amendment makes the application of graffiti and allowing it to remain enforcement matters. Further discussion. Councilman Waters spoke of house movers in the City, saying one particular house mover was operating in the City with no permit or license. Discussion. City Attorney McLean said the City has requirements for house moving permits; laws regarding hours etc. are contained in the permit package. Mayor Morgan asked the City Manager to notify the Police Chief that we have a problem with house movers operating without a permit. No one _ else was present to speak in this regard. Moved by Waters, seconded by Camacho, the Public Hearing be closed, Title 7 be approved, and all stipulations of staff be adhered to. Carried by unanimous vote. PUBLIC NEARING AND AOOAT(ON ! -24 -eft TRASH ORDINANCE t= (NAL Apol'rroN OF ORDINANCE 2-28-8'1 ORDINANCE FOR ADOPTION Ordinance No. 1812 (2/7/P4-1), "ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING A NEW TITLE 7, PROPERTY CONSERVATION AND COMMUNITY APPEARANCE CODE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1812 (2/7/24-1) be adopted. Carried by unanimous vote. �r