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HomeMy WebLinkAbout1982 11-09 CC MIN196 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA NOVEMBER 9, 1982 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; Camacho, Daila, Van Deventer, Waters, Morgan. Absent: None, Administrative officials present: Ballard, Campbell, Gerschler, Grahl, McCabe, McLean, SALUTE TO THE FLAG AND INVOCATION The meeting was opened with th salute to the flag led by McCabe followed with invocation by Chaplain Wilfred Reyna, Paradise Valley Hospital, APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting of November 2,,, 1982 be approved. Carried by unanimous vote. PROCLAMATION Moved by Van Deventer, seconded by Camacho, the Proclamation be read by title only, Carried by unanimous vote,, The Mayor's proposed Proclamation of "GREAT AMERICAN SMOKE OUT - Thursday, November 18, 1982n was presented. Moved by Camacho, seconded by Van Deventer, in favor of this Proclamation. Carried by unanimous vote, MAYOR'S APPOINTMENT The Mayor's recommended appointment of E. J. Arsenault to the Library Board of Trustees was presented. Moved by Camacho, seconded by Van Deventer, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS Mayor Morgan announced this is City Engineer+Grahl's last week with the City and thanked him for the excellent job he has done over the past two years. PUBLIC HEARINGS The continued Public Hearing on REPORT of DEMOLITION, 2424 East 18th St. (Hazardous, dangerous and unsafe structures in the front yard of the LaValle residence at 2424 East 18th St, were demolished on July 8 by City forces in accord with an Order to Demolish dated June 30, 1982, issued pursuant to City Ordinance No, 1713; a hearing is required to permit protests or objections to the report of costs; once the fair charge is determined, Council should also decide if it is to be assessed against the owner personally or as a lien against the property; staff recommends Council confirm the Report of Costs of $2,710.42, assess these charges against the property involved, and permit payment in installments) was held at this time, The City Clerk reported notice was sent to the owner by Certified Mail and the return receipt was received; no protests have been received. Director, Public Works Williams said the report represents the costs of the demolition, and the charges are fair and reasonable. No one was present to speak in this regard, Discussion, Moved by Morgan, seconded by Van Deventer, the Public Hearing be closed and staff's recommendation approved. (Director, Public Works Williams was authorized to negotiate the terms of payment with Mr. LaValle,) Discussion. Carried by unanimous vote. 11/9/82 197 The continued Public Hearing on SUSPENSION of BUSINESS LICENSE, WE LEND MORE, INC. and NATIONAL CITY PAWNBROKERS AND JEWELRY, was held at this time. City Attorney McLean said written communication from the Attorney for the business operators was received and circulated to City Council a couple of days ago; unless there is some further written submittal from the property owner, Council can close the hearing now if it wishes and proceed to take whatever action it chooses, either now or within 30 days. GERSHIN GREENBLATT (Attorney representing licensee David Vogel) was present and said he would like some opportunity to make an argument to the Council; he had a limited opportunity initially where he discussed some procedural matters and he'd like leave to wrap it up for the Council, but if the Council feels that it doesn't want to hear him, that's fine. Discussion. Mayor Morgan granted Mr. Greenblatt 5 minutes. Mr. Greenblatt said he would not re -discuss what had been discussed about the procedural arguments; it's just a question of your sitting as jurors in this case; one of the Councilmen mentioned that it really has never been adjudicated, and there really is only one way to finally adjudicate this, and that's for Council to rule that the businesses should remain in operation; if Council did not so rule, the matter is just going to go on as it has to because that's what the courts are here for. Mr. Greenblatt continued, he was sorry for having responded at the late date that he did, but Sgt. Furr's letter was quite detailed and required a great deal of consideration prior to answering it; this is a situation where he believed the Police had done the best they can, and have come up short, and that's all there is to it; he thought, it's rather difficult to sit before the very Council that hired them (Police), and that follows their recommendations on a routine fashion, and trusts their judgment in these matters and argue that their judgment was wrong, but we are so arguing because we believe that you are impartial, notwithstanding the fact that you are the City Council, Mr. Greenblatt said the issue is, should you suspend the license of two businesses on account of allegations against an individual who is no longer legally associated with the business; the allegations never came to fruition insofar as an actual adjudication in court and they are now before you; he thought the weight of the evidence shows that this was a series of misunderstandings, and that you are presented now with the history of 2 years without incident in the operation of both of these businesses; because of the 2 years without incident, he was requesting that in the event that you rule that the suspension is proper, that you at least permit the operators a reasonable period of time of 30 to 60 days in which to maintain the business in order that they might do 2 things; that they might proceed on their appeal to Superior Court, and in order that they might arrange for the orderly release of items that they've been entrusted with; it's only fair given the fact that the business has remained open for 2 years following the allegations; Mr. McLean knows that the Attorney General, on his request, could have acted at any time under the appropriate laws to close the business for the good of the public and this action wasn't taken; in the event that you are to rule against them, in fairness, you should not require me to roust Mr. McLean to law in motion tomorrow at some time in order to get the judge to order it, but agree ahead of time to make the order at a future date, give them a reasonable time in which to arrange their affairs; he might be speaking too soon; he was trusting that the Council will see things the way they really are, and the way that they really are is that nothing happened here which was illegal and certainly nothing that would warrant the closing of the business. Mr. Greenblatt said further he would not reiterate his previous remarks concerning Council's jurisdiction or authority, but asked Council to remember what he said originally, which is that due to the superceding effect of State Law, and the fact that these licenses are now issued by the State and not by the Municipality, he did not believe that the same procedure can be used that you would use to suspend a municipal license; he thought this case would come in under the Administrative Procedure Act; it's going to require actual testimony in court prior to it being resolved, and he would ask Council to save the City and the owners the 11/9/82 198 expense and allow the businesses to remain. No one else spoke in this regard. Moved by Van Deventer, seconded by Camacho, the Public Hearin be closed and the licenses be sus ended and ive them 30 da s race period to clean up the items that they have on hand and to move them to their rightful owners. Discussion. Carried by the ollowinvote, to -wits Ayes: Camacho, Dalla, Van Deventer, Nays:f Waters, Morgan. The Public Hearing on PROPOSED AMENDMENT to SECTION 18.130.080 of the National City LAND USE CODE regarding HEARING NOTICE (On September 21, 1982, Council adopted Ordinance No. 17£?p as an interim measure, enabling staff to publish a quarter page ad in the newspaper when more than 1,000 property owners are affected by a Variance, Conditional Use Permit or Zone Change, in lieu of mailed notice to each property owner; approval of this Ordinance would permanently add the quarter page ad provision to the Land Use Code, bringing it into conformance with the Government Code; staff recommends approval of the Ordinance) was held at this time. The City Clerk reported the Certificate of Publication was on file. Planning Director Gerschler said the Planning Commission and staff recommend approval. No one was present to speak in this regard. Moved by Waters, seconded by Van Deventer, the Public Hearin be closed, the proposed amendment be approved and all stipulations of staff be adhered to. Carried by unanimous vote. The Public Hearing on PROPOSED CHANGES of STREET NAMES - CIVIC CENTER DRIVE, KIMBALL WAY, PORTIONS OF 12TH STREET, PORTIONS OF 14TH STREET, and PORTIONS OF WILSON AVENUE (...to consider the possible street name changes needed to designate a "Civic Center Drive" identification for the traffic path from Highland Ave. to Wilson Ave. that goes past Civic Center, Heritage Office Park, the Community Bldg., the Library and Kimball Bowl; as a part of the consideration of a new General Plan, early next year the City Council will be selecting an alignment for a future connector street between old 12th and 13th Streets; that connector will then tie the new Civic Center Dr. directly into the on and off ramps to I-5; the suggested street name changes can be made now without finalization of the connector street choices; old Civic Center Dr. [formerly 13th St,] will need to be renamed; choices might include calling it Civic Center Way, Civic Center Place [Avenue, Street, etc.] or restoring the 13th St, name; the name of that part of old Civic Center Dr. West of Wilson Ave, will not be changed and the freeway signs announcing Civic Center Dr. will not be disturbed; the City Clerk has given written notice to all property owners and tenants having addresses along all portions of the affected streets; the Post Office will cooperate by delivering mail to old addresses for at least a year following name changes to mitigate the cost and inconvenience to persons affected; staff has considered the alternative of renaming only 12th St, between National City Blvd. and 'DI Ave.; because that choice would create an awkward and confusing one -block jog at National City Blvd., it would be disfavored by the emergency service agencies; if no substantial objection is raised, staff recommends: 1. Change the name of the continuous street made up from segments of 14th St., Kimball Way, 12th St. and Wilson Ave. between Highland Ave. and I-5, to "Civic Center Drive" or "Civic Center Blvd."; 2. e of the present "Civic Center Drive" from National City hBlvd,anethe to Wnit on Ave. to "Kimball Way" or "13th Street" or some other suitable name; 3. Instruct the Public Works Dept. to post street name and directional signs defining a traffic path from I-5 to 13th St. to Harding Ave., to new Civic Center Dr. to Highland Ave,; 4. Refer to the City Engineer and Traffic Safety Commission the need for recommendations for new traffic control signs and striping along the new route) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. No one was present to speak in this regard. Discussion. Councilman Waters said this change should take place next year in relation to when the new telephone book comes out. Further discussion. Moved by Morgan, seconded by Van Deventer, 11/9/82 199 the new street from Highland to I-5 be named Civic Center Drive (scheduling to be determined after study). Discussion. Carried by unanimous vote. Moved by Morgan, seconded by Camacho, the Public Hearing be closed and Council not make a decision on renaming the present Civic Center Dr. at this time. Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 13,921, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT FOR RED BRICK INSTALLATION IN PUBLIC RIGHT-OF-WAY (Gonzales - 2105 Valle Vista)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,921 be adopted. Carried by unanimous vote. Resolution No. 13,922, "RESOLUTION WAIVING REQUIREMENT TO REMOVE THREE POLES IN UNDERGROUND UTILITY DISTRICT 15, PLAZA BLVD. FROM PALM TO HIGHLAND." Moved by Camacho, seconded by Van Deventer,,Resolution No. 13,922 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,923, "RESOLUTION ADOPTING POLICY FOR CITY ASSISTANCE RELATING TO CCMPLETION OF WORK UNDER HOMEOWNERS PUBLIC IMPROVEMENT PERMIT." Moved by Waters, seconded by Van Deventer, Resolution No. 13,923 be adopted. Carried by unanimous vote. Resolution No. 13,924, "RESOLUTION APPROVING CONTRACT CHANGE ORDER POLICY." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,924 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays; Waters. Resolution No. 13,925, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP, MORNING BREEZE, SOUTHWEST CORNER OF 16TH STREET AND LANOITAN AVENUE (Applicant; Alfredo and Julieta Gregorio)." Moved by Waters, seconded by Camacho, Resolution No. 13,925 be adopted. Carried by unanimous vote. Resolution No. 13,926, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE FACILITIES MAINTENANCE DIVISION." Moved by Waters, seconded by Camacho, Resolution No. 13,926 be adopted. Discussion. Carried by unanimous vote. Resolution No. 13,927, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR YOUTH EMPLOYMENT." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,927 be adopted. Carried by unanimous vote. ORDINANCE FOR INTRODUCTION - FIRST READING Moved by Camacho, seconded by Van Deventer, the by title only. Carried by unanimous vote. Ordinance No. 11/9/82-1, "Ordinance of the City amending Title 6 of the National City Municipal a new chapter 6.73 relating to video machines." NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 18, dated November 2, 1982, in the amount of $217,847.27 (Warrants Nos. 77933 through 77986) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. Ordinance be presented of National City Code by adding thereto Discussion. 11/9/82 200 The application forEguI LE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER of Raquel/and Alvaro O. Sanchez, dba CHICKEN MAYA, 929 National City Blvd. (Police, Planning and Building Departments state no objections) was presented. Moved by Waters, seconded by Camacho, this license be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining; Morgan. The request of OVERNIGHT TRANSPORTATION CO. for proposed use of OFFICE TRAILER at 1029 W. 24th St. from November 9, 1982 to November 9, 1983 (Overnight Transportation Company is requesting the use of an office trailer at 1029 W. 24th St. from November 9, 1982 to November 9, 1983; a trailer -type structure will be used to house their temporary office facility until such time that a permanent facility can be obtained; all applicable permits shall be required prior to occupancy; use of this temporary facility shall not exceed one year; Planning, Finance, Building, Police and Fire Departments have approved this request subject to the following condition: Type 2A:10BC fire extinguisher shall be provided upon occupancy) was presented. Moved by Van Deventer, seconded by Camacho, this request be approved for one year with no extensions. Discussion. Carried by unanimous vote. The CLAIM FOR DAMAGES of ROBERT L. MC PHERSON, arising from an incident on July 23, 1982 and received by the City Clerk on October 21, 1982 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of CLARA SCHOENING, resulting from an incident on August 5, 1982 and received by the City Clerk on October 25, 1982 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney, Carried by unanimous vote. WRITTEN COMMUNICATION (Item 17) Request from Heritage Park Plaza, Ltd. in connection with proposal for use of Heritage Park Office Plaza, was withdrawn from the agenda. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL Councilman Waters' letter regarding street lighting petition - 12th St. from Palm to 1700 block, was presented. Councilman Waters said he gave all members of Council a copy of the petition sent to him. VERNE BESSEY, 1802 E. 12th St., was present and said he and his neighbors have started a Neighborhood Watch Program and are requesting more street lighting in the area; llth and 'R' is very dark and needs a street light. Mayor Morgan said the City's policy is to put a street light every COO ft. (every 2 blocks) and one in every cul-de-sac; there are street lights at loth and 'R' and 12th and 'R'. City Manager McCabe said a street light has been ordered for the cul-de-sac. Discussion. The petitioners were advised that a study is being made of all street lights in the City. Councilman Van Deventer inquired about an item on the Planning Commission Agenda about a possible change in meeting time for the Planning Commission. City Attorney McLean said he requested changing Mondays to insure the presence of an attorney if he were ill. 11/9/82 201 ADJOURNMENT Moved by Camacho, seconded by Van Deventer, the meeting be adjourned to 4:00 p.m., November 162 1982. Carried by unanimous vote. The meeting closed at 7:54 p.m. The foregoing minutes were approved at Council on November 16, 1982. Corrections CITY CLER the regular meeting of the City V No Corrections CITY OF NATIONAL CITY, CALIFORNIA 11/9/82