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HomeMy WebLinkAbout1987 01-20 CC MINBook 68/ Page R28 1/20/87 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 20, 1987 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Waters. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, Mc Cabe, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Mc Cabe, followed with invocation by the Rev. Robert Tigh, South Bay Bible Community Church. APPROVAL OF MINUTES Moved by Cooper, seconded by Van Deventer, the minutes of the regular meeting of January 13, 1987 and the special meeting of January 15, 1987 be held over one week. Carried by unanimous vote. Moved by Cooper, seconded by Van Deventer, the minutes of the regular meeting of January 6, 1987 be approved. Carried by unanimous vote. EXECUTIVE SESSION — PERSONNEL LABOR REL Mayor Waters requested an Executive Session on Item 11 (Resolution No. 15,196). City Attorney Eiser advised this would be a closed session to discuss an employee relations matter. Moved by Van Deventer, seconded by Dalla, in favor of the Executive Session. Carried by unanimous vote. Everett Bobbitt, Attorney for James Zuffoletto, was present and said his client wished to withdraw his request for a closed session, and would like to have a public session. Moved by VanDeventer, seconded by, Council take a five—minute recess until this is cleared up and we determine if Attorney Tobin (Counsel for the City) was present. Carried by unanimous vote. Council recessed at 4:05 p.m. Council reconvened at 4:21 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. PERSONNEL LABOR REL Special Counsel Tobin and City Attorney Eiser both suggested Council might want to hear Mr. Zuffoletto's attorney at this time. Mayor Waters invited him to come forward and speak. Everett Bobbitt, Attorney for Jam es Zuffoletto, 110 W. "C" St., San Diego was present and said after receiving a copy of the Resolution regarding this item (Resolution No. 15,196), he has some objections to the due process of the Constitution with regard to the violation of the Civil Service Rules, to the violation of the rules — Skelly vs the State Personnel Board and Parker vs Fountain Valley — that it would be a legal error to adopt it; Council would be acting without authority and abusing it's discretion; a more important issue that Council should consider before adopting this is, you have a Civil Service Commission, which heard about seven days of testimony; this case heavily, if not entirely, rested on the credibility of certain witnesses; the law clearly requires that Council give those Co m missioners, appointed by Council, great credibility in hearing those argum ents; Council didn't see the sweat on their brow; they didn't look into the witnesses' eyes; Council doesn't know whether they are telling the truth or not; they (Civil Service Commission) made a decision; unless Council can clearly find an error in the their conclusion about the credibility of those witnesses, Council is acting without authority to overturn the decision; it clearly sends a message to the Book 68/ Page R29 1/20/87 Boards and Commissions that Council doesn't trust them to sit through seven days of testimony, and then back them up; they are the best people to have sat through that, and made a determination when everything — and that hearing rested on the credibility of witnesses — notwithstanding, the legal errors he has mentioned; he would urge Council not to adopt the Resolution. EXECUTIVE SESSION — PERSONNEL LABOR REL Mayor Waters requested an Executive Session. Moved by VanDeventer, seconded by Cooper, in favor of an Executive Session. Carried by unanimous vote. Council went into Executive Session at 4:25 p.m. Council reconvened at 4:38 p.m. ROLL CALL Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent: None. PERSONNEL LABOR REL 11. Resolution No. 15,196, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF JAMES ZUFFOLETTO." Moved by VanDeventer, seconded by Pruitt, the Resolution be presented by title only. Carried by unanimous vote. Mayor Waters advised that Mr. Tobin would be acting as Special Counsel to the City Council during these proceedings. Mr. Tobin read the Resolution by title, and distributed copies to each member of Council. Moved by Cooper, seconded by VanDeventer, Resolution No. 15,196 be adopted. Carried by unanimous vote. Mayor Waters presented a $200 check to Park & Recreation Director Ruiz, on behalf of the Lions Club, to be used toward a tree in memory of former Councilman Louis Camacho. MAYOR'S APPOINTMENTS/INTERVIEWS BD COMM Park and Recreation Advisory Board RECOMMENDATION: The Mayor recommended appointment of Norma Fisher. Vice Mayor Cooper presided, inviting Miss Fisher to come forward and state why she would like to serve. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of the Mayor's recommendation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS STREET VAC/A AVE ALF RED HLAWATSCH, 905 E. 13th St., was present and said he distributed a letter to Council withdrawing the request of Bob Baker Chevrolet to delay the paving of "A" Ave. Moved by Cooper, seconded by VanDeventer, we consider Item 17 at this time. Carried by unanimous vote. STREET VAC/A AVE 17. SUB JE CT: The City Engineer's report on reconstruction of "A" Avenue Abandonment. RECOMMENDATION: None. TESTIM ONY: Alfred Hlawatsch (For the present, his client would like the City not to consider delaying the street improvements.) Rita Hernandez (representing Citizens' Action League), 2113 "A" Ave. presented petitions signed by residents in the area indicating they do not want the street closed to the City Clerk. ACTION: Moved by Cooper, seconded by VanDeventer, we abandon the idea of closing "A" Ave. and continue with the scheduled improvements. TESTIMONY: Ernesto Hernandez, 2113 "A" Ave. inquired if the speed bumps and signs on "A" Ave. would be replaced; and said Bob Baker Chevrolet and Ball Oldsmobile need to get additional parking for their employees) ACTION: Motion carried by unanimous vote. Book 68/ Page R30 1/20/87 ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 15,186 through 15,194) Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Carried by unanimous vote. Mayor Waters requested Nos. 1 & 8 be considered separately. Councilman VanDeventer said he would abstain on Nos. 3 & 4. Moved by Cooper, seconded by Dalla, the Consent Resolutions (except Nos. 1 & 8 be adopted. Carried by unanimous vote. SPECIAL PERMIT — DRIVEWAY 2. Resolution No. 15,187, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE OF A DRIVEWAY SPECIAL PERMIT AT 2848 'D' AVENUE (SHUPP)." Adopted. See above. ZONE VARIANCE 3. Resolution No. 15,188, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE APPLICATION TO ALLOW REDUCTION IN FRONT YARD SETBACK FROM 20— FEET TO 15—FEET, AND TO ALLOW PORTIONS OF WALLS LOCATED WITHIN THE REQUIRED FRONT YARD SETBACK TO EXCEED 4—FEET IN HEIGHT ON PROPERTY LOCATED WITHIN THE 1400 TO 1500 BLOCK OF GROVE STREET, WEST SIDE (APPLICANT: W. & W. TRUST, CASE FILE NO. Z-06-86)." Adopted. See above. STREET NAME/GROVE ST 4. Resolution No. 15,189, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY NAMING AND DEDICATING CITY OWNED PROPERTY — GROVE STREET — 14TH TO 16TH AND RESCINDING RESOLUTION NO. 15,083." Adopted. See above. PROPERTY ABATEMENT 5. Resolution No. 15,190, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING APPEAL OF A NOTICE OF INTENTION TO ABATE AND REMOVE ONE ABANDONED/INOPERATIVE 1954 FORD (CA LICENSE NO. KUX464) AS A PUBLIC NUISANCE AT 1429 MEADOW DRIVE (APPELLANT: GROVER THOMAS, CASE FILE NO. CV 86-232)." Adopted. See above. PLANNED DEVELOPMENT PERMIT 6. Resolution No. 15,191, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR THE DEVELOPMENT OF THREE (3) DETACHED, SINGLE—FAMILY DWELLINGS AT 304 NORTON AVENUE (APPLICANT: DOMINGO GUTIERREZ, CASE FILE NO. PD-06-86)." Adopted. See above. GENERAL PLAN 7. Resolution No. 15,192, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING AN AMENDMENT TO THE GENERAL PLAN (CASE FILE NOS. GP-4-86 AND GP-5-86)." Adopted. See above. CITY COUNCIL — MTG REGS/SCH 9. Resolution No. 15,194, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING PROCEDURES FOR PREPARATION AND POSTING OF THE COUNCIL AGENDA AND FOR PUBLIC PARTICIPATION AT COUNCIL MEETINGS, AND RESCINDING RESOLUTION NO. 15,156." Adopted. See above. PERSONNEL BEN/RET 1. Resolution No. 15,186, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR FUNDING TOTAL COMPENSATION STUDY." and 8. Resolution No. 15,193, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING PROPOSAL OF PERSONNEL RESEARCH CENTER TO PERFORM A COMPENSATION STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PERSONNEL RESEARCH CENTER." TESTIMONY: Thomas W. Doyle, Attorney for NCMEA, 4950 Waring Rd., San Diego, requested these two Resolutions be tabled for two weeks, and the MEA be given copies of the R.F.P. and the proposals. ACTION: Moved by VanDeventer, seconded by Pruitt, we table these two Resolutions for two weeks, but no longer. Book 68/ Page R31 1 /20/87 City Attorney Eiser said he disagrees that the MEA is involved in selecting the consultant, or being involved in the R.F.P. process; it is a matter to be met and conferred on before any of the recommendations of the consultant would be implemented. ACTION: Councilman VanDeventer withdrew his motion. Moved by VanDeventer, seconded by Cooper, Resolution No. 15,186 be adopted. Carried by unanimous vote. Moved by Dalla, seconded by VanDeventer, Resolution No. 15,193 be adopted. Carried by unanimous vote. ADOPTION OF RESOLUTIONS (NOT A PART OF THE CONSENT RESOLUTIONS) Moved by VanDeventer, seconded by Cooper, the Resolution be presented by title only. Carried by unanimous vote. PROPERTY ABATEMENT/FEES 10. Resolution No. 15,195, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A PLANNING DEPARTMENT FEE FOR ENFORCEMENT CASE APPEALS." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,195 be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION Moved by VanDeventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. MUNI CODE — PARKING/TRAFFIC 12. Ordinance No. 1900, "AN ORDINANCE AMENDING ORDINANCE 1792 AND SECTION 11.32.101 'ANGLE PARKING ZONES' OF THE NATIONAL CITY MUNICIPAL CODE BY DELETING THE WORDS 'SIGNS' IN PARAGRAPH ONE AND TWO." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1900 be adopted. Carried by unanimous vote. NEW BUSINESS FINANCE MGMT 13. SUBJECT: WARRANT REGISTER NO. 28, dated January 13, 1987, Ratification of Demands in the amount of $384,120.85 (Warrants Nos. 94915 through 95007), and Certification of Payroll for the period ending January 12, 1987, in the amount of $302,577.96. RECOMMENDATION: Staff recommends the warrants be ratified. ACTION: Moved by Cooper, seconded by Dalla, the bills be ratified and the payroll certified. Councilman VanDeventer said he would abstain on Warrant No. 94976. Warrants (except Warrant No. 94976) and payroll ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None. Warrant No. 94976 ratified by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer. WRITTEN COMMUNICATIONS TEMPORARY USE PERMIT 14. SUB JE CT: Request for Temporary Use Permit — Bob Baker Chevrolet, for an aerobics competition to be held on February 14, 1987, from 9:00 a.m. to 9:00 p.m. at their used car lot on 24th and National City Blvd. RECOMMENDATION: Staff recommends approval subject to the following conditions: Applicant shall obtain separate permit from the Fire Dept., and provide plan of tent and flame retardant certificate for tent. ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this request, and all recommendations of staff be adhered to. Cassandra Jacob (Bob Baker Chevrolet) was present and advised Council that the date has been changed to February 21. There was consensus that this would not be a problem. Motion carried by unanimous vote. BUDGET FY86/87 15. SUBJECT: Request for Donation from the National City National Little League Board of Directors for upkeep of the facilities and for any safety improvements needed. RECOMMENDATION: None. ACTION: Moved by VanDeventer, seconded by Cooper, we donate $250. Carried by unanimous vote. Book 68/ Page R32 1 /20/87 OTHER BUSINESS CABLE TV 16. SUBJECT: The Asst. City Manager's Annual Status Report on Cable Television System Operations and Franchise Compliance Submitted by Cox Cable San Diego. RECOM MENDATION: Staff recommends the report be received and filed. TESTIMONY: Don Channel, Cox Cable was present and answered Council's questions. ACTION: Ordered filed by unanimous vote. CITY MANAGER City Manager McCabe spoke of the R.F.P. (See Items 1 & 8), saying sometimes the Council, the public and the press are led to believe that staff has not fulfilled its commitments; the R.F.P. was submitted to the Council on December 16 for approval; it is a public document and should be available to anyone. CITY ATTORNEY— No report. OTHER STAFF The City Clerk said it is her understanding that Mrs. Monday is no longer President of the Employees Assoc. Council was advised that is correct; the new President is Dan Mc Cadam. MAYOR — No report. CITY COUNCIL — No reports. ADJOURNMENT Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., January 27, 1987. Carried by unanimous vote. The meeting closed at 5:28 p.m. The foregoing minutes Corrections CITY CLERK) were approved at the regular meeting of a- 20 , 1987. ✓ No corrections AYO R CITY OF NATIONAL CITY, CALIFORNIA