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HomeMy WebLinkAbout1985 06-04 CC MINBook 65/Page 227 6/4/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA J U N E 4, 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: Dalla, VanDeventer, Waters, Morgan. Absent: Cooper. Administrative officials present: Bolint, Campbell, Eiser, McCabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Dr. I. Larry Clark. APPROVAL OF MINUTES Moved by Waters, seconded by VanDeventer, the minutes of the regular meetings of May 21, and May 28, 1985 be approved. Carried by unanimous vote. Absent: Cooper. PRESENTATION LISA FISHER was present and said the 1985 Del Mar Fair will run from June 20 through July 7, with National City day being June 25. Ms. Fisher presented Mayor Morgan with a plant and invited everyone to attend the Fair. PUBLIC ORAL COMMUNICATIONS RAY BRISSON, 3733 Fairlindo, Bonita Willows, was present and said when he bought his condo in 1976, he signed a CC&R which provided the landscaping be maintained and repaired at the expense of the owners' association; the landscaping around his condo needs work and he has complained to the Board of Directors of the Association, but they have not taken his complaints seriously; apparently the Chairman of the Board of Directors dislikes him; the regulations state no bare spots in the landscaping, but his embankment is nothing but dirt and weeds; the area is infested with pampas grass, and the pollen flies everywhere; he is present to request assistance in resolving this problem. Discussion. Moved by VanDeventer, seconded by Waters, this be referred to the City Attorney. Carried by unanimous vote. Absent: Cooper. HAROLD REYNOLDS, 635 E. 1st St., was present to inquire when the street lights on Highland would be on; it is very dark and there is a crosswalk; one lady's insurance rates were raised because her windows have been broken three times; teenagers parade from 9:00 p.m. to 1:00 a.m. and paint the buildings black or white; the owner of the new furniture store has had to repaint his building three times; if you call the police, they come hours later. Mr. Reynolds spoke of other problems in the area. Vice Mayor VanDeventer said he spoke to SDG&E and there were 63 lights out; they have replaced 40 and the rest will be done in a few days. Discussion. Councilman Waters said he talked to the City Manager about this about two weeks ago and he started working on it immediately. ALFRED HLAWATSCH was present and asked to be heard under item 10 on the agenda. RUSS ANDERSON, 1616 West Ave., was present and spoke of the loss of parking for his business and his employees; for the past five years, he has been paying Al Beauchamp for parking on what he (Anderson) now knows is City —owned property which he can no longer use; he feels like the victim; Southland Auto Body is parking on other City —owned property for free; he needs this parking for his business, and would like to continue using it until disposition is made of the property. City Attorney Eiser said the next step is for Council to decide how to dispose of the property; it may be put up for sale or leased. Mr. Anderson said he is only asking for the same thing his competitor is getting. Moved by VanDeventer, seconded by Waters, the property be declared surplus and put up for sale (sealed bid with oral auction in increments of $500). Discussion. Councilman Waters said when this goes to bid there should be a minimum bid price of $100,000, the appraised evaluation; perhaps the property should be barricaded to keep unauthorized vehicles off. Mayor Morgan asked Vice Mayor VanDeventer to bring back a report next week on the status of the property. Motion carried by unanimous vote. Absent: Cooper. Book 65/Page 228 6/4/85 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,634 through 14,641) Moved by VanDeventer, seconded by Waters, the Resolutions be presented by title only. Carried by unanimous vote. Absent: Cooper. Mayor Morgan requested Resolutions 14,637 and 14,638 be considered separately. Moved by VanDeventer, seconded by Waters, the Consent Resolutions (14,634, 14,635, 14,636, 14,639, 14,640 and 14,641) be adopted. Carried by unanimous vote. Absent: Cooper. Resolution No. 14,634, "RESOLUTION DECLARING CAROLYN E. SCHEIDEL— CONTRACTOR, THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CAROLYN E. SCHEIDEL." See Consent Resolutions above. Resolution No. 14,636, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR DRAINAGE IMPROVEMENTS OF VARIOUS LOCATIONS IN NATIONAL CITY." See Consent Resolutions above. Resolution No. 14,635, "RESOLUTION DECLARING A.B.C. CONSTRUCTION COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH A.B.C. CONSTRUCTION COMPANY." See Consent Resolutions above. Resolution No. 14,637, "RESOLUTION DECLARING LEAVITT ENTERPRISES THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH LEAVITT ENTERPRISES." Moved by Morgan, seconded by VanDeventer, Resolution No. 14,637 be adopted. Discussion. Carried by unanimous vote. Absent: Cooper. Resolution No. 14,638, "RESOLUTION DECLARING HAAKER EQUIPMENT COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH HAAKER EQUIPMENT COMPANY." Moved by VanDeventer, seconded by Dalla, Resolution No. 14,638 be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. Resolution No. 14,639, "RESOLUTION DECLARING LAMB CHEVROLET THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH LAMB CHEVROLET." See Consent Resolutions above. Resolution No. 14,640, "RESOLUTION DECLARING A.B.C. CONSTRUCTION CO. THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH A.B.C. CONSTRUCTION COMPANY." See Consent Resolutions above. Resolution No. 14,641, "RESOLUTION RENAMING A PORTION OF PARADISE DRIVE NORTH OF PLAZA BOULEVARD AND SOUTH OF 12TH STREET TO GROVE STREET." See Consent Resolutions above. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 48, dated May 28, 1985, in the amount of $165,141.19 (Warrants Nos. 87908 through 88001) was presented. Moved by Waters, seconded by VanDeventer, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. OTHER BUSINESS The recommendation of the STREET TREE AND PARKWAY COMMITTEE from their meeting of May 16, 1985 (The following street tree removal: 835 South 'R' Ave., Joe O. Sanchez, street tree roots causing damage to the curb and to the house foundation; no replacement required; Park Supervisor to contact owner to discuss the removal because of the close proximity to owner's fence) was presented. Moved by VanDeventer, seconded by Dalla, the report be accepted. Carried by unanimous vote. Absent: Cooper. The City Manager's report on PARKING PROBLEMS AND SCHOOL SITUATION — 100 block of Alley between 16th & 17th Streets, and the properties at 1620 'B' and 142 Book 65/Page 229 6/4/85 E. 16th St. (On May 21, Council directed staff to investigate and report back on the parking problems and school situation identified as being located at the 100 block of the alley between 16th & 17th Streets, and the property at 1620 'B', Wirtz Tile Co. and 1421 E. 16th St., Southport Christian Academy; since the problems outlined involved the Police, Planning and Fire Departments, the City Manager met with the three department heads and asked that they review the information, investigate the situation to assemble the facts, take any required enforcement action, and report back; at the second meeting, the Building & Safety Dept. was represented, as the director had been contacted by Mr. Hlawatsch about a possible building code problem at Wirtz Tile; the reports respond directly to the facts and allegations, as well as the actions taken to resolve the issues; see Document No. 72336) was presented. ALFRED HLAWATSCH, 905 E. 13th St., was present and said the people at Southport Christian Academy wish to thank Captain Fowler for sending Sgt. Crews down; he was the first police officer who ever got the picture; he understands what is happening, and his personality and way of approaching things has won their confidence and support; he is a professional police officer; the problem all along has been a failure to communicate; each time reports were made to the Police Dept. and the Fire Dept., the reports came back suggesting that Pastor Nichols and others were a little bit upset and maybe a little bit crazy because the alley really wasn't blocked; the thing that never got through to people was that Pastor Nichols never really was complaining about blocking the alley, but access to the church property; half of the alley can be blocked and an emergency vehicle can still get by, but nobody can get in and out of certain church parking spaces because there is only 20' and they cannot turn; a full sized car is trapped until the obstruction is moved and that sometimes affects as many as four parking places at once; a cement mixer was placed, at one time, for three solid days in the choke point, where the maximum possible difficulty was experienced by the church, and that's what they were complaining about; the problem was parking on private property and the denial of access to that property; he seriously questions Mr. Sarmiento's report because it appears he took a lot on faith and really didn't look very carefully; he spoke of the loading dock that the Wirtz Tile Co. needs to back up to to load; if there is a loading dock, it hasn't been accessible for a long time; they did their loading and parking in the alley because they couldn't get onto their property at all for much of the time; there are serious questions to be asked about how certain things were done and why, and why the present business only has three parking spaces; the police report says it appears there are no significant problems related to parking in that alley; in a sense that's true; alley parking isn't the problem, but church parking; maybe this is a political problem rather than a legal or police or fire problem; the church was complaining about its inability to use its own property; three cars ran into the cement mixer and the cars were damaged; the problem may be solved there, but there is one other problem; last week he thanked Mr. Van Deventer for removing most of the offending outdoor storage; they never really cared about the outdoor storage; they cared about the blocking of parking spaces, but some of that storage is still there; he told Mr. Post that he was going to talk about this today, but apparently it is his (Mr. Post's) interpretation that 60 cubic ft. of storage space next to the wall is all right because that's in front of the parking area; according to the original plans, the parking area goes all the way to the wall; apparently, the new interpretation is that up to the cement blocks (wheel stops) is not parking, but you can use it for something else; every foot the cars are pushed back is in increased problem that will eventually impact the church; approval for parking and loading and maneuvering at that company was calculated down to the fraction of the square inch; every portion of that is needed for either parking or loading and maneuvering; it is a mistake to have outdoor storage in that location. Councilman Waters inquired if the church is satisfied with what is going on at the moment. Mr. Hlawatsch said things are in exactly the same stage that they were the last time Pastor Nichols came before the Planning Commission last summer. Moved by Waters, seconded by Morgan, this report be filed. Mayor Morgan said parking should be left for parking; if this is not cleared up, he will be happy to discuss it further. Vice Mayor Van Deventer said he has refrained from talking about this, but the law calls for parking in National City, on a straight parallel parking, 19' from the edge to the bumper stop, 21'; that lot is 40' deep; from the curb of the alley to the fence is only 17'; there are problems both ways; they have tried to work the situation out and move it; staff has a good report; he doesn't think anyone has any problems with that report; on the church's side, there is a minimum space too and it requires 21'; there is not 21'; when they are all in com mercial zones, it requires a certain amount of room; there is a dumpster in the alley backing up to his (Mr.VanDeventer's) building; he doesn't like it either; we could go through this whole city and come up with a list of 60-100 places in violation, and asked are we going to do that or move forward? Councilman Waters said Mr. Van Deventer knew the lot Book 65/Page 230 6/4/85 was in violation and he cannot compare his lot with the church lot by sticking to the parking issue alone, especially in the condition that was in when it was completely full of debris and everything but cars; it is not fair to sit here and indicate that the church has a problem, when that piece of property far exceeded (required) parking; the more we talk about it, the more it discredits this Council —for any member of the Council to be involved in something like this when he knows the laws as well as anybody; you cannot compare the church property to that piece of property. Councilman Dalla said we had a neighborhood dispute involving adults that escalated to a point where it became necessary to involve the City, and the City is involved; there were some rather significant statements made a week or two ago implicating the City, staff, the Police Department and the City Council, in that we are not enforcing the laws equitably as though there were a double standard; staff has spent a lot of time and has done a fine job in coming up with a report covering all aspects of this particular problem; what he (Mr. Da11a) reads in the report is that there are problems on both sides and he is not of a mind to ignore the problems that one person has and magnify the problems of the other party; there are some problems associated with the school, the church and the parking, problems associated with parking in the alley and problems associated with parking in the school property; he is surprised that a week later, after hearing the presentation and reading the letter, that the problem isn't parking in the alley; he thought that was what the problem was and that's what we were investigating; now the problem is suddenly parking someplace else; it would be nice to put this to rest; he didn't understand all that Mr. Hlawatsch was saying, but one of the things that come out loud and clear was that there was a certain amount of political "whatever you want to call it" surrounding this issue which is probably the most valid statement Mr. Hlawatsch has made —that a lot of this has certain political aspects that we're not going to solve up here and are not going to go away. Councilman Waters said he tried to avoid this whole project for the Councilman as well as the church, because Mr. Post was directed on May 7 to write a letter to the property owners re the problem, directing them to correct the problem before it blew out of shape; staff was on the ball. Motion carried by unanimous vote. Absent: Cooper. The City Manager's report on STAFF AUTHORITY TO EXECUTE AGREEMENTS (On May 21, 1985, the authority for the City Manager to execute agreements on behalf of the City was brought up; a municipal agency has the power to enter into a binding contract agreement for a particular objective or product; based on this, the question arises as to which is the proper agent, officer, department, board or committee legally empowered to enter into the contract agreement; this is important as the contract must be executed by the proper agent of the municipality in order to be valid and binding; customarily, the power to make municipal contracts rests with the City Council; however, current general practice is to provide, by statute, charter, or allowable delegation from Council, express authorization for various municipal officers, boards and departments to enter into contract agreements; the delegation of authority may be limited, or of such a broad scope as to allow for execution of all contracts necessary for the operation of the agency or department; the Mayor, City Manager, individual members of a municipal governing body, the head of a department or any other officer has only such power to bind the City by contract as is given by the charter, statute or valid action of the governing body; Government Code Section 40602 sets forth the enabling authority as it applies to the Mayor and an officer other than the Mayor as provided by the legislative body through an enabling ordinance under Municipal Code Sections 2.01.020 and 2.60, which were implemented by Ordinance of the legislative body, the City Manager is the administrative head of the City government under the direction and control of the Council; the administrative head of an organization is generally recognized as its authorized agent, capable of signing agreements on its behalf; the City Manager has done this in the past with Council authorization) was presented. City Manager McCabe said there was some question as to the authority of staff to sign various documents; his report is submitted merely for information. Moved by Waters, seconded by VanDeventer, the report be filed. Carried by unanimous vote. Absent: Cooper. The Asst. City Manager's report on PROPOSAL FROM THE "WE TIP" ORGANIZATION ("WeTip" has requested that the City become an organization member and provide funding for FY 1985-86 in the amount of $2,160 to support the organization's activities; "WeTip" provides toll free, staffed telephone lines to permit citizens to anonymously turn in information regarding crimes; rewards are also offered; a report from the Police Chief concludes that City membership in this organization is not necessary in terms of supporting existing crime fighting efforts and that public funds should not be provided; of 13 San Diego County cities Book 65/Page 231 6/4/85 contacted, none reported that they were members of "WeTip" or had plans to become members; staff recommends that the proposal not be funded and this report be received and filed) was presented. Moved by VanDeventer, this be referred to the Budget Committee. Motion died for lack of second. Asst. City Manager Bolint said staff's recommendation is that funding be denied. Moved by Waters, seconded by Van Deventer, this be denied and they be so notified. Carried by unanimous vote. Absent: Cooper. A request for consideration of EXTENDING RENTAL DEFERRAL PERIOD ON LAS PALM AS GOLF COURSE LEASE (The current lease with American Golf Corp. for the Las Palmas Golf Course provides for payment of rent to be deferred for a period of 275 days from the inception of the lease; that time period expired on February 22, 1985; the attorney for Americal Golf Corp. has contacted the City Attorney on behalf of his client and asked that payment of rent be deferred until September 1, 1985; the original deferral was intended to coincide with the construction period for the golf course, and according to their attorney, the construction period is taking longer than originally anticipated; the City Engineer has indicated that the delay was probably due to American Golf's under —manning the project; the proposed extension of the rent deferral period would cost an additional $12,500; further rent deferral would obviously assist American Golf financially, but could act as a disincentive to complete construction) was presented. Moved by VanDeventer, seconded by Waters, in favor of this request. Discussion. City Manager McCabe said they expected to open a little sooner; we never expected them to pay us until the golf course was opened; they had to move more dirt than they expected and they had to move two water lines; he recom mends this be approved. Motion carried by unanimous vote. Absent: Cooper. WRITTEN COMMUNICATIONS A letter from the CHULA VISTA BOYS' CLUB requesting a TEMPORARY USE PERMIT (CLASS A) on June 8, 1985 from 8:00 p.m. to 12:00 p.m. at the Plaza Bonita Mall (The Chula Vista Boys' Club and the South Bay Optimist Club request a TUP for "Casino Night" to be conducted at the Plaza Bonita Mall; this requires Council approval; applicant also requests a waiver of the $2,500 clean—up bond, the $50 inspection fee and the $25 per day license fee; staff recommends approval subject to conditions of the Police and Fire Departments; applicant will be informed of the conditions) was presented. Moved by Waters, seconded by VanDeventer, in favor of this request. Carried by unanimous vote. Absent: Cooper. CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF The City Clerk reported she attended an excellent IIM C conference at Banff from May 18-23 and thanked Council for being permitted to attend. The City Engineer's report on INSPECTION SERVICES FOR CAPITAL IMPROVEMENT PROGRAM PROJECTS (The Engineering Dept. will have 13 separate construction projects underway during the next three months; the street reconstruction and overlay projects by Daley Corporation will be the largest single project in terms of cost and inspection requirements; for this reason, and in accordance with previously established Council policy regarding use of AE Services when circumstances warrant, the City Engineer has authorized Willdan Associates to provide inspection services for this street project; this is a limited, pay —by —the —hour agreement for the services of an individual who has many years of direct, resident engineering experience with CalTrans and whose references have been thoroughly investigated; these services will take a significant burden off our short—term inspection obligations and will assure a better coordinated and constructed street project; there is sufficient money within the accounts budgeted for this project to fund the estimated $20,000 cost) was presented. Moved by VanDeventer, seconded by Waters, this be approved. Discussion. City Manager McCabe said the City Engineer would make the determination on how many hours are necessary for the job; this will be paid on an hourly basis and can be terminated at any time. Further discussion. Motion carried by the following vote, to —wit: Ayes: Dalla, VanDeventer, Waters. Nays: Morgan. Absent: Cooper. MAYOR Mayor Morgan said he has been working on the problem of the sewer between 4th & 5th, and 'B' and 'D'; he has learned that the residence at 1015 E. 2nd St. is not Book 65/Page 232 6/4/85 connected to the sewer, and inquired how long it would take to get this residence on the sewer. The Mayor asked the City Manager to check this out. CITY COUNCIL Councilman Waters reported the Public Hearing on the Hazardous Waste Ordinance was scheduled for 4:00 p.m., July 2 in error, and asked if Council would like to reschedule to June 25 or July 9. Moved by Morgan, seconded by VanDeventer, this be scheduled for July 9. Carried by unanimous vote. Absent: Cooper. Vice Mayor VanDeventer said the Real Estate Committee is scheduled to sell three pieces of property at next week's Council meeting, and asked if that could be rescheduled to the following week (June 18 at 4:00 p.m.) as he will be out of town. Consensus was to approve deferral. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., June 11, 1985. Carried by unanimous vote. The meeting closed at 5:02 p.m. The foregoing minutes were approved at the regular meeting of June 11, 1985. Corrections X No co ections AY R CITY OF NATIONAL CITY, CALIFORNIA