Loading...
HomeMy WebLinkAbout1983 11-22 CC ADJ MINBook 63 Page 224 MINUTES OF THE ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 22, 1983 The adjourned meeting of the City Council of the City of National City was called to order at 9:02 a.m. by Mayor Morgan, ROLL CALL Council members present: Camacho, Dana, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Code Conformance Officer Kearney, McCabe, McLean, Acting Planning Director Post. Mayor Morgan asked Acting Planning Director Post to explain the work shop portion of the meeting. Mr. Post said Council has copies of the THIRD DRAFT (February 1, 1983) OF THE PROPOSED PROPERTY CONSERVATION & COMMUNITY CODE, TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE (Document No. 69688) and an outline of same printed on yellow sheets (Document No. 69689); he thought it would be easiest to work from the yellow sheets; this will allow Council to make changes before the proposal goes to formal hearings. Mr. Post said Jack Kearney, Code Conformance Officer, was present to answer any questions, There was discussion regarding the time required for abatement of the various items contained within the proposed addition to the Code; that the proposal would provide the City the necessary tools for eliminating and/or preventing blight; the items contained within the proposal are things which Council has brought up in the past and referred to staff. Consensus was that each item be presented separately and if Council wished to change any of the items now, before the proposed code amendment was finalized and formal hearing was held, their feelings be made known in order that staff incorporate them. Acting Planning Director Post presented the following items of Proposed Title 7: 1. 7.06.020 - ABANDONED REFRIGERATORS, ETC" gives City the ability to eliminate hazards involving abandoned refrigerators, etc., left outside where children can become trapped. Council did not indicate they wished to change this section. 2. 7.06.030 - ABANDONED BUILDINGS, gives the City quicker and more effective control of abandoned buildings that have become dangerous to the public; allows recovery of costs. There was discussion regarding the last paragraph of 7,06.030: "...buildings that have been vacant for more than ten years..." The City Attorney said a dangerous building could be abated without any waiting period; perhaps the period of time for abandoned buildings could be five years or less if the Director of Building and Safety finds that cost of rehabilitating the structure exceeds the value of the structure. Oauncil consensus was to change to five years as suggested by the City Attorney be approved. 3. 7.06.040 - CLEAN-UP WHEN BUILDINGS ARE TORN DOWN, requires that when buildings are demolished or moved away, the foundations must also be removed, Has a one-year abatement for situations that now exist. Council did not indicate they wished to change this section. 4, 7.06.050 - EVACUATING AND BARRICADING DANGEROUS BUILDINGS, improves the City's ability to barricade dangerous buildings and places when owners refuse or are unable to cooperate; allows recovery of costs. Council did not indicate they wished to change this section. 11/29/83 Book 63 Page 225 5. 7.06.060 - ABANDONED FURNITURE, Outdoors, gives property owners reassurance when removing and disposing of items that have been abandoned on their property; requires such removal after NOTICE by City; clarifies City's ability to do the same thing on public property. Councilman Waters asked if there was a fine if it was known who abandoned the furniture. The City Attorney answered all violations of this Code will be either infractions or misdemeanors, and there would be a fine to which the City's recovery cost could be added. Council did not indicate they wished to change this section. 6. 7.08.010 - BAD C3>;ORS, allows the City to control the emission of bad odors reaching residences; allows for ordering of utility disconnects when odors are related. Council did not indicate they wished to change this section. 7. 7.08.020 - POISONS, reinforces existing County Health Department regulations controlling the storage of deadly poisons where public contact is possible; allows Fire Department to take swift action; allows recovery of costs, Council did not indicate they wished to change this section. 8. 7.08.030 - HAZARDOUS SUBSTANCES, is a Code Section reserved here for later insertion of "hazardous substance" regulations. The Fire Department is preparing recommendations. 9. 7.08.040 - SPRAYING AND SANDBLASTING, regulates the careless use of sandblasting and paint spraying equipment that Dhows materials to drift from one property to another, Councilman Van Deventer said the way Sec. 7.08.040 is spelled out would be hard to enforce; when sandblasting or spraying paint it is almost impossible to keep it confined to the property; the cost would be prohibitive. Consensus was to add the words "reasonable measures" be taken to prevent the migration of sprayed paint, sandblasting compounds or similar industrial materials... 10, 7.08.050 - COMPOST PILES (rotting plant materials), prohibits the maintenance of materials which produce bad odors which reach other residences. Mr. Post said there are other problems with compost piles besides odors; they attract vermin and insects. Council did not indicate they wished to change this section. 11. and 12. Chapter 7.0 - GARBAGE AND REFUSE, establishes for the first time a few simple but much needed rules for garbage and refuse. disposal. 7.10.020 - DISPOSAL OF GARBAGE AND REFUSE REQUIRED, requires that each property owner or tenant must contract for or arrange for garbage and refuse collection. Discussion re the number of people who do not now use the refuse service; is this City one of a few cities where service is not mandatory; the problems in Chula Vista, The City Attorney said someone could live in this City for thirty years and never sign for trash service and as long as they have service, we will never hear about it; if they haul it on their own we will never know unless there is a complaint, or if they accumulate it in their yard we will never know unless there is a complaint. Discussion about the Mayor's concern that a bill for refuse service would be sent to everyone in the City. Mr, Post was asked to look into the problems Chula Vista has experienced. 13. 7.10.030 - BURYING OR BURNING GARBAGE, is prohibited. Council did not indicate they wished to change this section, 14. 7,10.040 - RUBBISH CONTAINERS REQUIRED: a. requires that containers must be provided and on the same property where the rubbish originates; b. requires that container storage areas must be screened 11/29/93 Book 63 Page 226 from public view; c. requires that enough containers be provided to hold all the refuse being stored for collection. Discussion. Council did not indicate they wished to change this section. 15. 7.10.050 - STANDARDS FOR RUBBISH CONTAINERS: a. updated an old (1961) City Council Resolution that describes permitted types of refuse containers; allows the use of heavy plastic bags; be forbids the unauthorized use of rubbish containers belonging to other persons. Discussion. Council did not indicate they wished to change this section. 16. 7.10.060 - MIXING GARBAGE AND REFUSE, requires "fly -proof" lids on dumpster bins containing n4,red garbage and refuse; forbids "dangerous substances." Council did not indicate they wished to change this section. 17. 7.10.070 - REFUSE CONTAINERS TO BE SANITARY, requires that refuse containers be kept clean and sanitary. Council did not indicate they wished to change this section. 18. 7.10.080 - SCREENED ENCLOSURES REQUIRED: a. requires screened (view obscuring) enclosure of trash storage areas having capacity of 60 gallons or more, at all commercial and industrial locations where the storage area is visible from public streets, alleys or adjoining properties; b. when such storage areas are inside buildings, floor drains are required. Discussion re item 'c' (not included on yellow pages) which requires installation of automatic fire sprinkler and that floor drain be connected to the public sewer system; cost of such installations; necessity of such installations; were there real problems with containers inside buildings; was this intended for application where chemicals were used. Acting Planning Director Post said this section was developed by the Fire Department, he could talk with the Fire Chief and restructure the section, breaking it down to chemicals and other types of materials. Council appeared to be in agreement. 19. 7.10.090 - MAINTENANCE OF REFUSE STORAGE AREAS, establishes minimum standards for maintenance of cleanliness at rubbish storage areas. Discussion re striking the words "self -closing" from the sentence "Gates shall be maintained in an operable, self -closing condition at all times." It was suggested that it be made to read "Gates shall be closed at all times." Council consensus was the suggestion be incorporated in the section. There was further discussion regarding the City Manager meeting with the trash company representatives to go over all items in the ordinance pertaining to garbage and refuse once it was adopted. 20. Table 1 - DESIGN STANDARDS FOR MASONRY ENCLOSURES FOR RUBBISH STORAGE, requires masonry construction of certain trash storage enclosures, gates are required, other design standards are included. Council did not indicate they wished to change the table. 21. 7.10.100 - RETROACTIVE REQUIREMENTS FOR RUBBISH STORAGE ENCLOSURES: a. requires that all pre-existing apartment house, commercial and industrial places that do not now have enclosures shall be corrected within three years; b. allows encroachment of trash enclosures into parking areas where no other solution is practical. Discussion regarding adequate number of containers to be furnished by apartment owners; apartments across from Food Basket, trash containers not adequate for number of units; would this ordinance require them to upgrade? could City get cooperation from the trash company? with the cooperation of the trash company, it could be referred to the code conformance officer; who is better qualified to determine how many trash containers are needed than the trash company. Acting Planning 11/29/83 Book 63 Page 227 Director Post said many of these standards were developed with the trash company, Council did not indicate they wished to change this section. 22. 7.10.110 - PLACING GARBAGE AND REFUSE CONTAINERS OUT FOR COLLECTION, adds a new provision requiring a minimum distance of 10 feet between rubbish containers and any window in a dwelling. Discussion. Councilman Van Deventer said one problem that was not addressed was being able to roll the containers out to the street and suggested in certain cases, owners be allowed to cut the curb (similar to handicapped curbs) where the trash enclosure has to be located and cannot be approached from the driveway. Council appeared to be in agreement. Mr. Post said they could work with Public Works on this. 23. 7.10.120 - HOURS FOR PLACING CONTAINERS OUT FOR COLLECTION, limits the hours that containers can be left out on the street, Council did not indicate any wish to change this section. 24. 7.10.130 - CLEAN-UP AFTER COLLECTION, requires clean-up of collection areas after collection is made. Council did not indicate any wish to change this section. 25. 7.10.130 - BAD ODORS FROM RUBBISH STORAGE AREAS, prohibits the emission of bad odors that disturb residential occupants. Council did not indicate any wish to change this section. 26. 7.10.150 - SCAVENGERS PROHIBITED, prohibits strangers picking through rubbish containers and carrying away whatever they find. Code Conformance Officer Kearney reported people go through dumpsters, tear open bags looking for aluminum cans and leave the other contents of the bag and the bag on the sidewalk. Discussion re not wanting anyone arrested for scavenging; scavenging is supplemental or only income for some people, City Attorney McLean said they were contemplating handling scavenging as infraction and arrest would be unlikely; it might present a problem for people who could not identify themselves. Consensus was that the item remain with the understanding that warnings would be given. 27. 7.10.160 - INTERFERENCE WITH COLLECTION, makes it unlawful to interfere in any way with the City's refuse collection service or with any rubbish containers. Council did not indicate they wished to change this section. 28. 7.10.170 - DUMPING PROHIBITED, "Dumping" is described as the unauthorized placing of junk, trash, etc., on any public or private property; dumping is prohibited; allows for recovery of costs for removing materials that have been dumped. Council did not indicate they wished to change this section. 29. 7.10.180 - HAULING GARBAGE THROUGH CITY, prohibits the hauling of garbage through the City on City streets; City Council can grant permits. Discussion re "permit in writing" to be applied for and approved by the City Council; permit should be handled at staff level; Council would not allow a "City Dump" within the City limits; litter and debris blow off trucks going through the City and perhaps they should be required to cover trucks with tarp or canvas; would this section interfere with the twice a year Clean -Up sponsored by the Chamber of Commerce and National City Refuse? eliminating "no person shall bring, carry, transport, or convey into the City any rubbish or garbage, etc"; whether the paragraph should be eliminated totally. Mr. Post said they would re -work the section. 11/29/83 Book 63 Page 228 30. Chapter 7.12 - ACCUMULATION OF JUNK, adds several regulations to the Code to deal with unsightly accumulations of junk such as discarded furniture, packing crates, old cardboard boxes, etc., that are sometimes left outdoors for long periods of time with no effort made to remove them; this is one of the items specifically requested by the City Council some time ago. Councilman Van Deventer spoke in regard to Sec. 7.12.040e (not on yellow pages) saying firewood length should be changed from 18" to 36"; also a company might have 2 x 4ts for future construction; if this remains as is, there will be constant complaints about violations. 31. 7.12.060 - ELIMINATION OF EXISTING ACCUMULATIONS OF JUNK, sets a two-year abatement period for cleaning up pre-existing accumulations of junk. Council did not indicate they wished to change this section. 32. 7.12.090 - ABATEMENT BY CITY, allows City co clean up severe junk accumulations when all other efforts have failed; allows recovery of costs. Vice Mayor Dalia spoke of the lengthy letter to be sent to people in violation, saying it is too long and the language is not easily understandable. Acting Planning Director Post said he would work with the City Attorney to improve the letter. 33. Chapter 7.14 - "ANTI -LITTER" ORDINANCE, adds a complete "anti - litter" ordinance to the Municipal Code for the first time; the City does not now have an effective "anti -litter" law; the new rules closely follow the model ordinance prepared by the League of California Cities and which has been adopted by many California cities; this does not interfere with the present "weed abatement" program managed by the Fire Department. These "anti -litter" regulations cover: Littering any public place or private property; littering streets and alleys; dumping "sweepings" upon public sidewalks; littering of parks; allows placement of litter cans; littering of vacant lots; littering bayfront areas; scattering of lunch remains; dropping litter or handbills from airplanes; requires tow truck operators to clean up debris from the scene of auto collisions where they have been called to remove damaged vehicles. Council did not indicate they wished to make any change to this chapter. 34. 7.14.050 - LITTER ON SIDEWALKS, requires that adjoining property owners or tenants keep their sidewalks clean. In answer to a gb°estion from Council, the City Attorney said penalties for this were set up with the option of infraction or misdemeanor. Vice Mayor Dalla said if someone driving down the street threw a bag out of the window, penalties and fines in other jurisdictions are substantial; Council might give some consideration on how to deal with littering; if they are going to get a citation and nothing else, they will not stop littering. City Attorney McLean said the code gives the option of infraction or misdemeanor; the fact of the matter is the fine is fixed by the Court, not the City; for example, a taxicab permit violation and a man urinating in the Kimball Park --the taxicab driver will probably not be fined more than $15-20, he has taken off half a day from work; on the other hand, in the case of the individual urinating in the Park, the Court will give the maximum. Discussion regarding litter receptacles, could it be made mandatory for fast food restaurants to place receptacles off their own property, say a half block away; should people be required to eat the food they buy at fast food restaurants at the restaurant. 35. 7.14.070 - DUMPING INTO SEWERS AND STORM DRAINS, prohibits dumping sewage into storm drains or rain water into sewers. Councilman Waters asked where it states "unlawful to place, etc." what do you intend to do with them when they are caught. Acting Planning Director Post said they will be given a citation; they could look at it again and try to put some teeth in it. City Attorney McLean said the Court would look 11/29/83 Book 63 Page 229 at it in terms of seriousness; the judge will fine if the evidence is there and will suspend if the individual pays a satisfactory cost of clean-up. Councilman Waters said people throw dog feces in drains. City Manager McCabe said City crews had to go out and clean it --at a cost of $50-100, City Attorney McLean said if we can prove an individual did it, the Court will require him to pay the bill for the clean-up. Mayor Morgan called a recess at 10:35 a.m. Council reconvened at 10:45 a.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Code Conformance Officer Kearney, McCabe, Acting Planning Director Post. Absent: McLean (Excused for doctor's appointment) 36. 7.14.080 - LITTER CANS REQUIRED, requires Flitter receptacles" (trash cans) for public use at certain locations such as fast food restaurants; these are now required by State law; putting the same requirements into this Code makes local enforcement much simpler; also regulates design, maintenance and vandalism of litter cans. Council- man Van Deventer asked if this would be retroactive, Acting Planning Director Post said the way it is written now there is no requirement to make it retroactive. 37. 7.14.090 - REMOVAL OF BUILDING PROJECT REFUSE, requires that building project locations be cleaned up after project is completed. Mayor Morgan spoke of some paper left from construction that was never finished and has been sitting there for five years, Acting Planning Director Post said that would not be covered in this Code section. Discussion. The Mayor asked if a one-year limitation could be placed on removal. Mr. Post is to determine if it was covered in the Uniform Building Code. 38. 7.24.100 - RESPONSIBILITY FOR LITTER REMOVAL, makes both tenants and owners responsible for cleaning up litter on their property; existing code does not include tenants --leaving us unable to enforce the code whenever non-resident property owners cannot be found. Council did not indicate any wish to change this section. 39. 7.14.120 - ALLOWS CITY TO REMOVE LITTER, allows City to clean up serious litter problems on private property when all other efforts have failed; costs could be recovered; this would be used in very severe cases where danger to the public was clearly threatened. Council did not indicate a wish to change this section, 40. Chapter 7.16 - GRAFFITI CONTROL, adds new "graffiti control" regulations to the Code for the first time; a. makes it a violation to apply graffiti anywhere in the City; b. requires that property owners must remove graffiti; c, sets a one-year abatement period for removal of all existing graffiti; d. refers to the "Graffiti Control Guidelines" adopted by the City Council a few months ago; e. suggests that new buildings include design provisions for graffiti control. Councilman Van Deventer said Sec. 7.16.020A makes it the responsibility of the property owner; nothing is said about the person who committed the act; parents of juveniles should be responsible; but it all comes back to the property owner; 99% is not caused by the property owner; he should be able to get restitution. Discussion. Councilman Van Deventer asked if a paragraph could be added specifying that each person who committed a crime, should he be apprehended, is to be held responsible. Acting Planning Director Post said we do have a law regarding malicious mischief. Vice Mayor Dalla said if an individual piece of residential 11/29/83 Book 63 Page 230 property is adjacent to where young people gather, if we leave it to the property owner to press charges, they may not want to do so because they are afraid to take action. Councilman Van Deventer said he thought we would have to retain the whole section, but add to it. Mayor Morgan said to word it the best you can. Councilman Waters said he thought a year is a long time to allow graffiti to remain on a building; it shouldn't be more than six months. Councilman Van Deventer said he was thinking anytime over ninety days is too long. Councilman Camacho said make it ninety days. 41. 7.18.020 - VEHICLES ON SIDEWALKS, prohibits the parking of vehicles so that they overhang public sidewalks; allows impounding where necessary. Councilman Van Deventer said the sooner it goes in, the happier they will be between Second and Third. Councilman Camacho spoke of the problem in his neighborhood, employees of Ball Oldsmobile do not park on their property; they create all kinds of problems parking at corners of streets and across driveways; something needs to be done. Mayor Morgan said what we need is to lay out parking slots for cars, mark the driveways and corners and post "2-hour" parking signs; and asked the City Manager to see that it was brought before the Traffic Safety Committee. Discussion of when the new parking enforcement program will go into effect. Vice Mayor Della said before the "2-hour" signs go up, you can have off-street parking for those individuals, but you cannot force them to use it. Councilman Camacho said he was sure that if Management said "We have parking for you and you are creating a problem here" the employees would not park on the street. 42. 7.18.030 - VEHICLES ON PARKWAYS, prohibits parking upon street "parkways"(the space between the curb and the property line); allows impounding where necessary. Mayor Morgan said cars set at 1404 'K' and 1405 'K' and asked if this would take care of them. Code Conformance Officer Kearney said if they are on a paved area, they can park. Mayor Morgan said there was one place on Highland where the Police gave them orders to move all the cars except the ones that belonged there; they had 15-20 cars; since that in his neighborhood there are two people who live there and there should be something we could do. Mr. Kearney said basically they have gotten rid of cars not on paved areas. Mayor Morgan said Sunday morning on that corner of Division Street at least 75 cars were parked. Mr. Kearney said Mr. Bethea owns about 14 of those cars; the Police Dept. has been reluctant to enforce; the language in this section of the Code would give them the authority. Mayor Morgan asked how about if they had to be moved once a week so the sweeper could get in --all over the City? Councilman Camacho said there was an apartment near him, six units and all with garages and all of them park in the street. Acting planning Director Post said the garages would be kept operational for parking and then we could get them. Councilman Waters said how about the 14/75 cars on Division? Mr. Kearney said we have not been able to ascertain the selling of auto parts there. Mayor Morgan said at Fourth and 'F' they have a tow truck there and Hove cars around with the tow truck-10-15 cars there, and asked if we can handle this. Mr. Kearney said he did not know if we could specifically handle that; the man who owns and drives the tow truck is in business somewhere else. Mayor Morgan asked what can you do with this? Mr. Kearney said nothing he knew of. Councilman Van Deventer asked if he had a business license to operate there? and said he can't do business if he doesn't have a City license. Acting Planning Director Post said the problem they have is they try to monitor these violations closely and if he is operating tow truck business out of that house...Mayor Morgan asked about how many people could live in this single-family home, he thought there was only one bathroom. Councilman Waters said he was told all he does is towing on weekends; the only way is to go through the Police Dept. and find out to whom the license numbers are registered. Mayor Morgan asked if 11/29/83 Book 63 Page 231 anyone checked on the license numbers on the vehicles to see who they belong to? Mr. Kearney said the Police Dept. has investigated for stolen vehicles; there is nothing that says you cannot have vehicles that don't belong to you on private property. Councilman Waters asked if there was something about storing cars on private property. Councilman Camacho said 72 hours; all they have to do is move the car a few inches. Mr. Kearney said the intent of the law is 72 hour parking; the Police Dept. will not accept token movement. City Manager McCabe said also the Police Dept. has been going to nearby property owners and asking if the residents know who cars belong to. 43. 7.18.040 - "A -BOARD" SIGNS ON PARKWAYS AND SIDEWALKS, prohibits the placing of "A -Board" signs on public sidewalks and street parkways; allows Public Works Dept. to remove them when necessary. Code Conformance -Officer Kearney said the real problem was with newspaper stands; this section will give him proper authority. Council did not indicate they wished to make any change to this section. 44. 7.18.050 - PLACING OBSTACLES UPON STREETS, forbids the placing of trash, building materials or obstacles upon public streets; allows Public Works Dept. to remove them and charge costs to the offender where xecessary. Council did not indicate they wished to make a change to this section. 45. 7.18.050 - TRACKING MUD ONTO PUBLIC STREETS, prohibits the tracking of large quantities of mud onto streets. Council did not indicate they wished to change this section. 46. 7.18.070 - REPAIRING OR WASHING CARS ON PUBLIC STREETS, prohibited except for emergencies; allows impounding where necessary. Discussion in regard to substances used to wash cars; would this include common soap or detergent; could cause problems as written. Consensus was that washing with gasoline or solvents, anything other than common soap or detergent, should be prohibited. 47. 7.18.080 - BUS BENCHES ON SIDEWALKS AND PARKWAYS, adds regulations for the control of bus benches on public sidewalks and parkways; the Municipal Code does not now cover bus benches; makes permits and control subject to Council review when needed. Discussion. Consensus that permits and control be handled by staff. 48. 7.18.100 - SIDEWALK "PITCH -MEN", prohibits sidewalk salesmen (pitch -men) activities where pedestrians are "hassled" or otherwise interferred with. Council did not indicate a wish to change this section. 49. 7.18.110 - VEHICLES USED AS "BILLBOARDS", On -Street, regulates vehicles used as "billboards". It was determined under discussion, this would not apply to political campaign signs. Council did not indicate a wish to change this section. 50. 7.18.20 - SIDEWALK AND PARKWAY MAINTENANCE REQUIRED, requires that adjoining property owners or tenants must clean their sidewalks and parkways. Council did not indicate a wish to change this section. 51. 7.18.130 - "JUMPING" OF CURBS PROHIBITED, controls vehicles "jumping" curbs where there are no driveway openings; exceptions could be allowed by staff. Council did not indicate a wish to change this section. 52. 17.18.140 - HAZARDOUS MATERIALS, this section is reserved for later adoption of a "hazardous substances" ordinance; the Fire Dept. is preparing suggestions. 11/29/83 Book 63 Page 232 53. 7.20.030 - CHARITABLE ORGANIZATION "COLLECTION STATIONS", controls the placement and maintenance of outdoor collection bins operated by charitable organizations; requires City Council approval; removal could be ordered where necessary. In answer to a question regarding such problems as existed at South Bay Plaza where people were dumping such things as old sofas adjacent to a bin, Acting Planning Director Post said this section should handle that (Mayor Morgan spoke of oil and sand spread at South Bay Plaza on the parking lot and said it would only last a few years. Acting Planning Director Post said that is something that is under the control of the City Engineer. Councilman Camacho asked if there was something to mandate the repair of chuck holes. Mayor Morgan said we laid off of them because this remodeling was coming along; he was going to be after them if this happened again; they didn't do a good job and it will not last; we need something that will require them to keep the parking lot in repair.) 54. 7.20.030 - DUMPING LAUNDRY DRAINAGE ONTO GROUND, forbids the dumping of laundry waste water upon the open ground or into storm drains. Council did not indicate any wish to change this section. 55. 7.20.060 - REFERENCE TO UNIFIED PORT DISTRICT REGULATIONS, makes it clear that this Code does not interfere with Port District regulations or with their enforcement efforts. Council did not indicate any wish to change this section. 56. 7.20.070 - PARKING LOT PEDDLERS, recently adopted regulations controlling "parking lot peddlers" are added to this Code to simplify enforcement; an additional rule is added to make it a violation to peddle or solicit on private property posted with "NO PEDDLERS" or "NO SOLICITORS" signs. In answer to a question, Acting Planning Director Post said this section would cover such situations as the "Lobster Man." Council did not indicate any wish to change this section. 57. 7.20.080 - RESIDING OR "CAMPING" IN VEHICLES ON PUBLIC STREETS, prohibits "camping" in recreational vehicles on public streets; does not limit approved trailer parks or campgrounds. Council did not indicate any wish to change this section. 58. 7.20.090 - SHOPPING CARTS, regulates the removal and abandonment of shopping carts from shopping centers; this is now covered by State law; by adding it here, local enforcement will be simplified. Councilman Waters said yesterday four carts were pushed way up Highland and left; a businessman had to call the market and tell them to come and get them; and asked if we could make the owner of the shopping carts responsible. Councilman Van Deventer spoke of the way Alpha Beta handles shopping carts. Vice Mayor Dalla said they have an 800 telephone number and they will come and get the carts. Councilman Camacho said the markets do enough by providing the carts, it is the bad behavior of people that causes problems; he appreciated the fact that they were available. Councilman Waters said the market is no different; it is their responsibility. 59. 7.20.100 - OFF -ROAD VEHICLES, adds regulations covering "off -road" vehicles that enter private property for "joy -riding;" covers motor- cycles and all types of motorized vehicles; allows impounding where necessary. Council did not indicate any wish to •hange this section. 60. 7.20.100 - DANGEROUS TRAFFIC OBSTRUCTIONS BLOCKING VISION OF DRIVERS, allows City Council to order the removal or correction of obstacles such as fences or hedges that create dangerous traffic conditions by blocking the vision of drivers. Council did not indicate any wish to change this section. 11/29/83 Book 63 Page 233 61. 7.20.120 - YARD SALES PROHIBITED ON SIDEWALKS AND PARKWAYS, "Yard Sales" cannot be conducted on public sidewalks or parkways. Council did not indicate any wish to change this section. 62, 7.20.130 - VEHICLE REPAIRING ON LAWNS AND ON RESIDENTIAL PROPERTIES, prohibits vehicle repairing on lawns and landscaped areas, forbids vehicle repairing on residential lots, except vehicles belonging to the family at that address. Council did not indicate any desire to change this section. f3. 7.20.140 - VEHICLE PARKING ON LAWNS, prohibits parking of vehicles on lawns or in certain yard setback areas, except on approved and improved parking pads. Vice Mayor Dalla requested Sec. 7.20.140A be made to match 7.18.070, if needed. 64. 7.20.150 - VEHICLES USED AS "BILLBOARDS," Off -Street, Vehicles decorated with signs to become "billboards" would not be allowed to park in certain locations. (Also see #49) Council did not indicate any desire to change this section. 65. Chapter 7.22 - OVERCROWDING OF HOUSING, a new "housing conditions" chapter is added to the Municipal Code to deal with some of the overcrowding and apartment house maintenance problems over which we now have very little control: a. Prohibits sleeping or residing in abandoned vehicles, storm drains and a variety of unhealthful places; b. requires that dwellings have public utilities for heat and hot water and garbage and refuse collection; c. places maximum occupant load limits on "boarding houses and similar places." Mayor Morgan asked ifCouncil could limit occupancy to "two people per bathroom." Acting Planning Director Post said this was very difficult to deal with; the proposal provides that in boarding houses, group housing, etc., there be 150 sq. ft./efson and one bathroom (full facility) for each sex and for each/n iden;s; the City Attorney's input was needed; there are a number of conflicting court cases; we have to comply. Mayor Morgan asked Code Conformance Officer Kearney about the residence at 'F' and Fourth. Mr. Kearney said there are apartments there; do they have a license to operate apartments there? Mr. Kearney said the County controls that. Mayor Morgan said he was referring to a City license on apartments; all apartments have to have licenses; check that. Councilman Waters spoke of a situation on Angelo Drive where there are eleven residents (if it were one family there would be no regulation); this violates the law; he did not know why staff could not find that law. Acting Planning Director Post said recent court decisions have limited the City's ability to control. Councilman Waters said they are setting bunks up out in the yard. Mayor Morgan said they have a "For Sale" sign on the property. Code Conformance Officer Kearney said he thinks the sign represents a sincere effort by the owner to sell the property; the residents all go to the same church; they claim they are looking for another location; the neighbors across the street said when they first moved in, they cleaned up the yard. Mayor Morgan said the neighbors he talked to have a different opinion; it has upset the whole neighborhood. Councilman Waters said since you say there is a religious affiliation, he wanted to say he has seen them carrying each other into the house and asked if they use some kind of hypnotic. Vice Mayor Dalla reminded Council that Chula Vista had a problem with a residence that went to the Supreme Court; sometimes these things can create more problems than the original problem we have. Mayor Morgan said he is just trying to trigger their thinking on how tlis matter could be handled. Vice Mayor Dalla said when this was referred to the City Attorney, he thought he would research recent court decisions. Acting Planning Director Post said the situation on Angelo brings up a situation that has not been addressed by our proposed code: people sleeping in the backyard and garages; maybe there should be regulations against these things. Mayor Morgan said use the strongest language you can, he will vote for it if 11/29/83 Book 63 Page 234 it is there. Councilman Waters said and let the courts find we have it in the Code, like Mr. Case said about zoning laws and alcoholic licenses; years ago you could just put a bar anywhere; if you don't allow it; then let them find it out in court and if enough do find out, maybe the churches will change their minds. 66. Chapter 7.24 - APARTMENT HOUSE MANAGEMENT, this is an entirely new addition to the Municipal Code which may need to be expended in future years; only a few items are included at this time: a. requires "managers" of apartment houses (see text for details) - Chapter 7.24), b. requires that City must be notified of changes in managers, and c. requires that condominium "home owners' associations" designate a spokesman for contact with City health and safety agencies and departments. Vice Mayor Dalla said it does no good to have a manager if we do not know who the manager is. Mayor Morgan said that could create a need for a lot of extra help. Acting Planning Director Post said the responsibility lies with the owner to tell us who the managers are. 67. 7.14.030 - COMPLIANCE WITH APARTMENT HOUSE RULES, a new provision encourages, but does not require tenant compliance with private apartment house management rules, specifically removes City from any sort of arbitration or "rent control" relationship, requires that owners and managers are responsible for all code compliance on the property they control. Council consensus was that "tenant compliance with private...rules" be advisory only; the City does not want to be in position of enforcing. 68. Chapter 7.26 - VANDALISM AND SECURITY, is reserved for later addition of a "Vandalism and Security" ordinance; the Police Dept. will be involved in the preparation of suggestions. 69. Chapter 7.28 - "HANDBILLS" AND "BILLPOSTING": "Handbills" rre now regulated...but the Code is weak, sketchy and confusing; improvement in those regulations include: a. prohibits the scattering of handbills except when personally handed to a willing person (7.28.020); b. prohibits the placing of handbills on parked vehicles, incorporating an existing City law. (7.28.030); c. prohibits posting of "billposters" on posted property (7.28.040); d. requires property owner's permission and zoning code compliance for all billposting (7.28.050); e. allows City to remove improper billposters where other means have failed; costs may be recovered (7.28.060). Discussion regarding See..7.28.020; very few people are at home; should be handled for example like election materials left hanging on doorknobs. 70. Chapter 7.30 - FLIES AND MOSQUITOES, reinforces existing regulations for control of fly and mosquito breeding places; does NOT put City into any sort of "ABATEMENT" program; abatement is the duty of the County Health Dept. Council did not indicate any wish to change this chapter. 71. Chapter 7.32 - ENFORCEMENT, several improved enforcement techniques are added: a. names the Code Conformance Officer as the principal person responsible for the enforcement of these regulations (7.32.020); b. provides that the City Manager may assign administrative responsibilities and establish administrative guidelines (7.32.020); c. allows the use of citations for enforcement of these regulations; gives the Code Conformance Officer authority to write citations (7.32.030); d. gives the Code Conformance Officer a=uthor.t,.- to see; nspectao_: .asrannts" when they are necessary (7.32.040); and 3. allows violations to be cited either as misdemeanors or as infractions -- WOBLERS (7.32.050). Council did not indicate they wished to change Chapter 7.32. (This ended the review of the proposed code chances.) Acting Planning Director Post said this would come back for formal public hearing after notice was published. 11/29/83 Book 63 Page 235 CITY COUNCIL Mayor Morgan said he had heard some talk of cutting down on City crews and asked the City Manager to be sure they were not cut too far. Mayor Morgan asked if we were using outside sweepers. City Manager McCabe said there was one vacancy and an outside sweeper had been used. Mayor Morgan asked instead of outside help, don't we have people in house who could do this? City Manager McCabe replied, we do, one of the persons is on the sewer crew and that would cut down there. Councilman Camacho asked if Planning Commission members have any form of identification, saying they and members of other commissions, boards, or committees sometimes go into the field to investigage a situation and have nothing to show if they are challenged. Council was in consensus that ID cards be given to the members of commissions, boards, or committees who request them, and the members should be advised of the availability of these ID cards at their regular meetings. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned. Carried by unanimous vote. The meeting closed at 11:55 a.m. The foregoing minutes were approved at the regular meeting of the City Council on December 13, 1983. / Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 11/29/83