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HomeMy WebLinkAbout1985 05-21 CC MINBook 65/Page 212 (R) 5/21 /85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 21, 1985 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, 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 Reverend Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Dalla, seconded by VanDeventer, the minutes of the regular meeting of May 14, 1985 be approved, with Agenda Item 19 (Councilman Dalla's memo to Mayor and Council re mandatory trash service) included as Exhibit 'A' in the minute book. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS The REV. KEN NICHOLS (Pastor, Southport Christian Church) was present and spoke of parking problems at his church, saying the business property at 1620 'B' Ave. uses the church's parking spaces off the alley in back of the church; he had agreed to share that parking with them, since the church did not need all the parking spaces every day; this business has abused this privilege, keeping as many as five or six vehicles in the church's nine spaces; their chain Zink fence has been damaged by a flatbed truck; when it became apparent these people had no intention of cooperating in the use of these parking spaces, he posted a sign in accordance with the local Ordinance, limiting the parking to the church people, and sent a letter to the owner of the business informing him that the previous arrangement to share the parking lot was cancelled; he is now being harrassed by the owner and employees of this business; there is a "No Parking" sign in the alley, but these people have been parking in the alley for the past several months; they use the alley for parking because their own parking area is filled as a storage area; recently, the church was unable to use their parking lot because of the vehicles parked in the alley so they called the Police, but got no satisfaction, so he called the Fire Dept., Mayor Morgan's office and Councilman Waters' office; he is requesting that the law be enforced with regard to parking in the alley between 16th and 17th Streets, west of 'B' Ave (See Exhibit "A" attached). Pastor Nichols displayed pictures of the area. Mayor Morgan asked the City Manager to talk to the Police Chief and see if they can straighten this out. Moved by Dalla, seconded by Waters, the parking problem and the school situation be referred to staff for investigation and a report. Discussion. Councilman Cooper said he would like the City Manager to check the alley between 16th and 17th Streets, and 'B' and National City Blvd. Motion carried by unanimous vote. ALFRED HLAWATSCH, 905 E. 13th St., was present and said he teaches one day a week at Southport Christian School; he had a chance today to look at the building plans for 1620 "B" Ave. (which were unavailable for some time); he feels Wirtz Tile has no intention of solving this problem; permanent storage has been set up in their back lot; boxes and pallets at the back completely block the south end of the parking area; they have people with bad attitudes handling dangerous machines; yesterday they carried a load of pipes on a forklift and carried it over his (Mr. Hlawatsch's) car; that is not safe; these people have no regard for other people's property. Councilman Waters presented checks to the Police Reserves ($400), the firefighters ($400) and Meals on Wheels ($200) on behalf of American Legion Post 255. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,623 through 14,628) Mayor Morgan requested Resolution Nos. 14,623, 14,624, 14,625, 14,626 and 14,628 be considered separately. Moved by VanDeventer, seconded by Waters, the Consent Resolution be adopted (Res. No. 14,627). Carried by unanimous vote. Book 65/Page 213 5/21 /85 Resolution No. 14,623, "RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH A&E FOR STUDY AND REPORT TO REPLACE HVAC SYSTEM AT CITY HALL." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,623 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,624, "RESOLUTION ADOPTING ALIGNMENT FOR STORM DRAIN ROUTE AND ACCEPTING INCREMENTAL COSTS THEREOF (Channel Project Side Drain, National City Boulevard)." Moved by Van Deventer, seconded by Cooper, Resolution No. 14,624 be adopted. Carried by unanimous vote. Resolution No. 14,625, "RESOLUTION DECLARING MAEAK CORPORATION THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MAEAK CORPORATION." Moved by Cooper, seconded by Van Deventer, Resolution No. 14,625 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,626, "RESOLUTION DECLARING ABC CONSTRUCTION COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ABC CONSTRUCTION COM PANY." Moved by Dalla, seconded by Cooper, Resolution No. 14,626 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,627, "RESOLUTION ACCEPTING CONVEYANCE OF A GRANT DEED FOR STREET PURPOSES AND NAMING AND DEDICATING STREET (13TH STREET)." See Consent Resolutions above. Resolution No. 14,628, "RESOLUTION DELEGATING AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE TO ALLOW, COMPROMISE OR SETTLE LIABILITY CLAIMS IN AN AMOUNT NOT TO EXCEED $7,000." Moved by Waters, seconded by Cooper, Resolution No. 14,628 be adopted. Carried, by the following vote, to — wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. ORDINANCE FOR INTRODUCTION (FIRST READING) Moved by Van Deventer, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. "Ordinance of the City of National City adopting portions of San Diego County Ordinances relating to disclosure of hazardous materials and regulation of hazardous waste establishments, and adding Chapter 9.40 to the National City Municipal Code." NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 46, dated May 14, 1985, in the amount of $189,125.70 (Warrants Nos. 87722 through 87827) was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. The application for ON —SALE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER of Evelia P. Martinez, dba LAS REDES RESTAURANT, 2241 Highland Ave. (Police, Planning and Building Departments state no objections) was presented. Moved by Cooper, seconded by VanDeventer, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS The Finance Director's CONSOLIDATED CASH REPORT and INVESTMENT REPORT for the period ending April 30, 1985 were presented. Moved by Waters, seconded by Cooper, these reports be accepted and filed. Carried by unanimous vote. The Building & Safety Director's request for approval of APPLICATION TO MOVE EXISTING HOUSE located at 2502 E. 13th St. to a vacant lot located at 1131 'R' Ave. (Chapter 15.12, Building Moving, of the Municipal Code requires Council approval prior to issuing a moving permit; staff recommends approval subject to the Book 65/Page 214 5/21 /85 following conditions: Termite inspection report be submitted to the City, and if infested, the relocation request shall not be permitted; necessary house moving permits be obtained from the City; the lot located at 2502 E. 13th St. shall be cleared of all structures, including the foundations, sewer capped, remove and fill in the small pool, apply fill as necessary and fully grade the site; soils report covering the area of proposed construction on lot located at 1131 'R' Ave., if determined by building inspector; two sets of plans shall be submitted to the Building and Safety Dept., including all necessary plans, documents, and requirements for plan check related to the project; a garage is recommended instead of the proposed carport based on the fact the carport is located in front of the house facing 'R' Ave.; the owner post with the City a completion performance bond in the amount of $20,000 to assure the project is completed; bond will be released when the final inspection is completed and an occupancy permit is issued by the Building and Safety Dept.; project shall be completed within six months from date of approval by the City Council; all required plan approval and permits shall be obtained from the City prior to commencing any work) was presented. Moved by VanDeventer, seconded by Cooper, this be approved subject to the conditions and recommendations of the Building and Safety Director. Discussion. JEAN TIGH, 1831 E. 12th St., was present and said she requested a carport instead of a garage because this will be the only house on that street that is facing 'R' Ave. and it is a very dark street; things go on there at night that they have no control over; if it is an open carport, they could look down through it and keep a check on it. Mayor Morgan asked Public Works Director Williams to check this out. Motion carried by unanimous vote. CITY MANAGER City Manager McCabe reported the first attempt to take a trip with the school district to review multi —purpose buildings did not work out; they are now looking at the first of June for a trip to the Orange County area. Mayor Morgan asked Councilman Waters if he could make that trip. Mr. Waters replied he could. CITY ATTORNEY The City Attorney's memo regarding opposition to increase in rates of Cox Cable was presented. Vice Mayor VanDeventer and Councilman Waters said the Attorney did an excellent job. City Attorney Eiser said he would report back on the status of the San Diego suit. City Attorney Eiser said we received some written material —a confirmation on the Beauchamp issue. OTHER STAFF Asst. City Manager Bolint said on May 14, Council approved a request of the National City American Little League to use the Community Bldg. and serve alcoholic beverages on May 25; they would like to change the date to June 15, with all the same terms and conditions. Moved by Dalla, seconded by Cooper, in favor of this request. Discussion. Carried by unanimous vote. MAYOR Mayor Morgan spoke of the graffiti in El Toyon Park, saying we really need to do something about it. CITY COUNCIL Councilman Waters said an agreement has been basically reached with Mr. Beauchamp with regard to the property on the West side; Council received a letter stating what that is, and if there is any reason for discussion, an Executive Session should be called. Discussion. Moved by Cooper, seconded by Waters, we accept the offer. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining: VanDeventer. Mayor Morgan called an Executive Session for Personnel at 4:42 p.m. Council reconvened at 5:09 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Book 65/Page 215 5/21 /85 ADJOURNMENT Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 7:00 p.m., May 28, 1985. Carried by unanimous vote. The eting closed at 5:10 p.m. / /l�/l lZt.4�tA )� � _�. DEPUTY CITY CLERK The foregoing minutes were approved at the regular meeting of June 4, 1985. Corrections No cor, ctions MAY CITY OF NATIONAL CITY, CALIFORNIA STATEMENT OF THE REV. KEN NICHOLS, PASTOR, SOUTHPORT CHRISTIAN CHURCH, TO THE CITY COUNCIL, 4:00 pm., May 21, 1985 EXHIBIT "A" Book 65/Page 216 1. The business property at 1620 B Avenue is across the alley, south of our church building. Evidently it is owned by Councilman Jess Vandeventer. A company named Wirtz Tile operates there. Mr. Vandeventer supervised its construction personally and visits the premises regularly. 2. From the time building was begun on that property the workers and employees have used our parking spaces in back of the church (off the alley). In order to be a good neighbor, I agreed to share that parking with them without any cost to them, since we did not need it all day every day 3. From the time building began and until now these people have abused the privilege of using our parking area. They have kept as many as five to six vehicles in our nine parking spaces. During a recent family evening 'program Mr. John Wirtz had taken some of our spaces and blocked that area, when several of our families and I had to park more than a block away on street parking. 4. Repeated damage to our chain link fence has been caused by Mr. Wirtz' flatbed truck being backed into it. I asked Mr. John Wirtz Junior to not park the truck there, since it is too long for those parking spaces. 5. When it became apparent there was no intention to cooperate with us in the use of our parking spaces, and they were unavailable to us for parking, I posted a sign in accordance with the local ordinance, limiting the parking to our own people. At that time, September 6, 1984, I sent a letter to B & W Builders, the name posted on the business, informing them that the previous arrangement to allow them to use our parking was cancelled. 6. Shortly after that date I arrived to find vehicles from that business, and personal vehicles of workers blocking our parking area. Mr. John Wirtz was present, and I asked him to not use our parking anymore. He turned and railed at me, and loudly called me a "hypocrite" and a "liar." I told him that regardless of his opinion in religious and moral matters he would not be allowed to use the parking spaces again. Although several of our church people were within hearing* of his remards, he continued to call out "liar!" "hypocrite!" It may be true that a liar and a hypocrite were there. If so I'll let you decide who it was. Book 65/Page 217 7. It appears that the people who own and operate the business and building at 1620 B Avenue -- Mr. John Wirtz Senior, Mr. John Wirtz Junior, Mr. Jess Vandeventer, and their employees, believe that the law does not apply to them. 8. There is a clearly posted sign at the head of the alley that reads "No Parking in Alley." In spite of that sign, for the last several months these people have parked several vehicles in the alley. They bring their flatbed truck, pickups, and personal vehicles into the alley, and leave them for hours. The number of vehicles kept parked there during business hours varies from one to five. They use the alley for loading and unloading supplies and equipment on their vehicles. 9. The reason these people use our parking and the alley is because they keep their own parking area filled as a storage area. We understand that use of off-street parking areas for outdoor storage is illegal. These people have used the area for outdoor storage continuously since the building was built. Sometimes there has been room enough to bring in two work vehicles, more often there was room for only one, and much of the time the entire area has been blocked with materials. For nearly two weeks it was covered with boxes of tile. 10. One day recently, when we were unable to use our parking area because of their vehicles in the alley, one of our people called the police. After some time a motorcycle officer arrived, as I was leaving in my car. I motioned to him that I needed to speak to him, and asked if he had come in response to our call. When I told him I was pastor of the church he said he was not responding to our call, but to a complaint by the business that we were blocking the alley. I asked him to drive down the alley and look at the problem. He told me he could see it all from where he was, on the street. I asked him repeatedly to drive down the alley and see how the trucks were at that very time blocking the alley and parking. At length he agreed to take a look. 11. 0n Tuesday, May 14, Wirtz Tile moved a concrete mixer and other equipment into the alley, and began carrying on their work and business there, blocking the alley, and preventing our people from having access to the parking. They continued this work in the alley through Wednesday. When our business manager called the police they did not respond, and never came to even observe the problem. When we tailed 2 Book 65/Page 218 to get any response from the police I called the Fire Department, Mayor Morgan's office, and Councilman Waters office. 12. I have come to ask that the law be enforced in regard to parking in the alley between 16th and 17th, west of B Avenue. I have also come to ask if it is possible that we cannot get response from our police department because that building and those illegal practices are under the sponsorship and supervision of one of our City Councilmen? Why will the police respond to their calls, and not to ours? Are we not all equal in regard to enforcement of the law and local ordinances, or are some more equal than others? Is it possbile for someone in public office to function without regard to the law? 13. The workers at Wirtz Tile certainly seem to think they are above the law. When Mr. Charles Finley asked one of them to move the flat bed truck in our parking lot he was told "We'll see who's got more power, you or.Jess." 14. Last Thursday after waiting two days for action on the concrete mixer our attorney visited the Police Department, spoke to Captain Fowler, and that afternoon, action was taken. Before that happened I had to ask that the Wirtz truck be moved at about 2:50 p.m. After the mixer was moved the truck was again put in our parking lot with about 5 feet sticking out in the alley. At 3:45 p.m. our attorney came and had an interesting, actually very funny, confrontation with a Wirtz worker who finally moved the truck. At 4:25 p.m. Mr. Wirtz himself blocked the alley with a cab - over camper. Our attorney arrived, took a picture and Mr. Wirtz loudly told him what he thought of him while his workers cheered and laughed. Mr. Wirtz obviously sets the tone for his workers who hold me, church members, faculty, parents and children in contempt. 15. It would be understandable if a group of unruly 10 year behaved this way. But these are grown men. 16. We made barricades to block the west portion of our parki:t;: lot Thursday evening and then came at 5:45 a.m. on Friday morning and the same time Monday morning. Mr. Van Devent•=r• came early Friday checked the mail, spent about 45 minute:: inside and then left. Over a dozen vehicles came and went Friday, but none used our parking lot. Instead they stot-:,i in the alley, double parked in the street, and parked acr;).; the sidewalk to get their business done. This is proof that they can at least get by without the church parking spaces. Book 65/Page 219 17. On Monday morning one of the workers covered himself with glory by making faces at us and sticking out his tongue. Another funny incident, but also disturbing because a grown man was involved. Otherwise things ran smoothly, Mr. Van Deventer did not come by, and instead Mr. Wirtz and his son parked outside Mr. Van Deventer's office and they apparently did their business with each other there: 18. Mr. Wirtz and his workers seem to have challenged my grade schoolers to see who is the most childish. My kids are totally outclassed. The problem is that my kids aren't armed with powerful, dangerous machines and are likely to be injured or killed by overgrown kids next door. 19. Leadership is a very powerful thing. Mr. Wirtz is a powerful leader. The direction he is leading those young men is the wrong direction and cause for all of us to be concerned. 20. You, or at least four of you, are in a pbsition to help resolve this problem. You are supposed to be the best leaders we have. I appeal to you for some positive leadership in this case. 14 See how good it lool(s, after only 7 days of cleanup! Look, I'm only :sing tiro of their parking spaces.