HomeMy WebLinkAbout1987 03-03 CC MINBook 68/Page R61
3/3/87
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
MARCH 3, 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 McCabe,
followed with invocation by City Manager McCabe.
APPROVAL OF MINUTES
Moved by Dalla, seconded by VanDeventer, the minutes of the regular meeting of
January 13, 1987, the special meeting of January 15, 1987, the regular meetings of
January 20, January 27, and February 3, 1987, the adjourned meeting of
February 3, 1987 held on February 9, 1987, and the regular m eetings of
February 10, February 17 and February 24, 1987 be held over. Carried by
unanimous vote.
PROCLAMATION
Moved by VanDeventer, seconded by Cooper, the Proclamation be read by title
only. Carried by unanimous vote.
The Proclamation declaring the month of March 1987 to be "MENTAL
RETARDATION MONTH" was presented. Moved by VanDeventer, seconded by
Pruitt, in favor of this Proclamation. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
JUDY SIROIS BOSS, 1311 "0" Ave., was present and spoke of her centennial mural
(Agenda Item 10), saying she has not been able to contact the artists, and
requested this item be held over until next week. Mayor Waters suggested Item 10
be considered at this time.
10. SUBJECT: Judy Boss' Centennial Mural.
RECOM MENDATION: Staff requests that inasmuch as no plans on wall
on Palm Ave., south of Plaza Blvd. have been received, Council give
staff direction.
ACTION: Moved by VanDeventer, seconded by Cooper, this be held
over one week. Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 15,226 through 15,232)
Moved by VanDeventer, seconded by Pruitt, the Resolutions be presented by title
only. Carried by unanimous vote. Vice Mayor Cooper requested No. 2 be
considered separately. Moved by Cooper, seconded by Van Deventer, the Consent
Resolutions (except No. 2) be adopted. Carried by unanimous vote.
CONTRACT — FIRE PROTECTION
1. Resolution No. 15,226, "A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE LOWER
SWEETWATER FIRE PROTECTION DISTRICT TO PROVIDE FIRE
PROTECTION." Adopted. See above.
3. Resolution No. 15,228, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ADOPTING THE BUILDING VALUATIONS
MULTIPLIERS FOR 1986-1987." Adopted. See Above.
CONTRACT — EQUIPMENT PURCHASE
4. Resolution No. 15,229, "A RESOLUTION DECLARING GOLDEN STATE
EQUIPMENT COMPANY, INC. THE LOWEST RESPONSIBLE BIDDER AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT
WITH GOLDEN STATE EQUIPMENT COMPANY, INC. (for purchase of street
paver with trailer)." Adopted. See above.
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3/3/87
DEED — FLOOD CONTROL
5. Resolution No. 15,230, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY ACCEPTING TWO DRAINAGE EASEMENTS 10' WIDE
EXTENDING FROM RAE PLACE TO VIA LAS PALMAS." Adopted. See above.
CONTRACT — PARKING/TRAFFIC/SIGNALS
6. Resolution No. 15,231, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY DECLARING M.C.R. ELECTRICAL CONTRACTORS TO BE
THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH M.C.R. ELECTRICAL CONTRACTORS (for
traffic signal modifications at 30th & National City Blvd., Plaza Blvd. & "L"
Ave. and Plaza Blvd. & Paradise Valley Rd.)." Adopted. See above.
HAZARDOUS WASTE
7. Resolution No. 15,232, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY IN OPPOSITION TO A PROPOSED HAZARDOUS WASTE
DISPOSAL FACILITY ON SAN CLEMENTE ISLAND." Adopted. See above.
POLITICAL SUPPORT — PARKING/TRAFFIC
2. Resolution No. 15,227, "A Resolution of the City Council of the City of
National City supporting an increase in the surcharge on certain fines for the
purpose of facilitating the construction and operation of detention and court
facilities in San Diego County." Moved by VanDeventer, seconded by Pruitt, in
support of a surcharge on non —parking violations only ($1-2 per each $10), and in
support of the County pursuing the possibility of County business license fees.
Carried by unanimous vote. The Resolution was not adopted.
Mayor Waters spoke of his vacant lot behind his business on Highland, saying one of
the local churches has been collecting clothing for people across the border and he
gave them permission to use this vacant lot to sort the clothing; they have collected
a lot of clothing, but the lot should be cleared off by next week.
PUBLIC REQUEST/COMPLAINT
21. SUBJECT: Letter from Mr. Peter Meisen, World Share, requesting that a
presentation be made to the City Council to explain World Share's method for
ending hunger, and how government can be supportive.
RECOMMENDATION: None.
PRESENTATION: Peter Meisen, World Share, San Diego, 5255 Lovelock
St., San Diego, outlined the Share program and said they are not asking
for money, but support; he would like to see Council hold a community
forum and encourage people to become hosts for this program.
Amanda Cotton thanked Councilman VanDeventer and Mayor Waters for
helping with the program.
ACTION: No action was taken. There was consensus to refer this to the
City Manager to come back with a report on the feasibility and the City
Attorney look into it as well.
ORDINANCES FOR INTRODUCTION
Moved by Van Deventer, seconded by Cooper, the Ordinances be presented by title
only. Carried by unanimous vote.
MUNI CODE
8. "An Ordinance amending Sections 18.62.070(G) and 18.62.190(C) of the Municipal
Code relating to political signs."
MUNI CODE
9. "An Ordinance of the City of National City adopting the Uniform Building Code,
1985 Edition, am ending certain sections and Appendix Chapters 7 and 70,
deleting Appendix Chapter 12, adopting the Uniform Building Code Standards
1985 Edition, and amending Ordinance No. 1835 and Chapter 15.08 of the
Municipal Code of the City of National City."
"An Ordinance of the City of National City adopting the Uniform Code for the
abatement of dangerous buildings, 1985 Edition, and amending Ordinance No.
1836 and Chapter 15.10 of the Municipal Code of the City of National City."
"An Ordinance of the City of National City amending Chapter 15.12 of the
National City Municipal Code and amending Ordinance No. 1837."
"An Ordinance of the City of National City adopting the Uniform Mechanical
Code, 1985 Edition, adopting Appendix A, C and deleting Chapter 21 Appendix B
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3/3/87
of said Code; amending certain sections of Ordinance No. 1839, and amending
Chapter 15.14 of the Municipal Code of the City of National City."
"An Ordinance of the City of National City adopting the Uniform Housing Code,
1985 Edition, am ending certain sections of said Code, and amending Ordinance
No. 1839 and Chapter 15.16 of the Municipal Code of the City of National
City."
"An Ordinance of the City of National City adopting the Uniform Plumbing
Code, 1985 Edition, establishing regulations for the installation, maintenance and
alteration of plumbing systems, amending certain sections, amending Ordinance
No. 1840 and Section 15.20 of the Municipal Code of the City of National
City."
"An Ordinance of the City of National City adopting the National Electrical
Code, 1984 Edition, as amended, establishing requirements, rules and standards
for electrical installations and materials within the City, and amending
Ordinance No. 1841 and Chapter 15.24 of the Municipal Code of the City of
National City."
"An Ordinance of the City of National City adopting the State Historical
Building Code 1985 Edition, pre—empting all existing Historical Building Codes
regulating local and state historical structures and sites, approving regulations
for governing the alteration, repair, demolition and enlargement of such buildings
and sites, and am ending Ordinance Nos. 1456 and 1 675 and Chapter 15.34 of the
Municipal Code of the City of National City."
A CTION: Mo ved by Cooper, seconded by VanDeventer, these Codes and
Ordinances be set for public hearing on March 24, 1987. Carried by
unanimous vote.
NEW BUSINESS
FINANCE MGIIIT
11. SUBJECT: WARRANT REGISTER NO. 34, dated February 24, 1987, Ratification
of Demands in the amount of $195,675.38 (Warrants Nos. 95593 through 95669).
RECOM MENDATION: Staff recommends the warrants be ratified.
ACTION: Moved by Cooper, seconded by Pruitt, the bills be ratified.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt,
Van Deventer, Waters. Nays: None.
CLAIMS
12. SUBJECT: Claims for Damages of: Roland Romero, and
13. Noel E. Valcaarel.
RECOM MENDATION: Staff recom mends these claims be denied and
referred to the City Attorney.
ACTION: Moved by VanDeventer, seconded by Cooper, these claims be
denied and referred to the City Attorney. Carried by unanimous vote.
WRITTEN COMMUNICATIONS
TEMPORARY USE PERMIT
14. SUBJECT: Request of the National City Centennial Committee and Chamber of
Commerce for Temporary Use Permit to use Kimball Park as a site for a
carnival from September 17-20, 1987, from 5:00 p.m. to 12:00 a.m. on Thursday
& Friday, and fro m 1 2:00 p.m. to 12:00 a.m. on Saturday & Sunday.
RECOMMENDATION: Staff recommends approval subject to the following
conditions: Applicant shall obtain a separate permit from the Fire Dept.,
and provide plot plan; inspection required before opening; applicant shall
provide a Hold Harmless Agreement and public liability policy, with the
City as additional insured; the Police Dept. requests that hours be limited
to 11:00 p.m.; Parks & Recreation Dept. will coordinate a m eeting of
affected departm ents and the committee.
ACTION: Moved by Cooper, seconded by VanDeventer, this be approved.
Discussion on operating until midnight. George Webster, National City
Chamber of Commerce said perhaps they could close down at 11:00 p.m.
on Thursday night; there will be private security after 10:00 p.m. each
night.
ACTION: Motion carried by unanimous vote.
TEMPORARY USE PERMIT
15. SUBJECT: Request of the National City Chamber of Commerce and the Boys'
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3/3/87
and Girls' Clubs of National City for a Temporary Use Permit for use of City —
own ed property for a carnival, including rides, March 12-15, 1987, from
5:00 p.m. to 12:00 a.m. on Thursday & Friday, and fro m 1 2:00 p.m. to
12:00 a.m. on Saturday & Sunday; they are also requesting closure of 7th St.
between National City Blvd. & Roosevelt Ave. and waiver of fees.
RECOM MENDATION: Staff recommends approval subject to the following
conditions: Applicant shall obtain a separate permit from the Fire Dept.
and provide plot plan; inspection required before opening; applicant shall
provide a Hold Harmless Agreement and public liability policy with the
City as additional insured; reserve police officers are not available; state
licensed security guards needed, Capt. Milke tp help coordinate.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this
request. Carried by unanimous vote.
OTHER BUSINESS
SUBDIVISION
16. SUBJECT: The Planning Director's and City Engineer's report on lot split at 4th
St. & "T" Ave. (Roland "Gene" Bowman and Bob Henson)
RECOM MENDATION: Staff recommends the matter be filed.
Planning Director Post said there are three major items where there is a
difference of opinion: the requirement for building plans to be submitted
for the Planning Com mission's review; the requirement for a soils report
to be sub mitted in conjunction with a grading plan; bonding for the
improvements. City Engineer Stafford said we are governed by the
Subdivision Map Act and this project falls within the scope of it.
TESTIMONY: Gene Bowman, 845 E. 8th St., and requested Council
approval of the lot split.
ACTION: Moved by Dalla, seconded by Pruitt, the report be accepted
and filed. Carried by unanimous vote.
ASSESSMENT DISTRICT
17. SUB JE CT: Petition for 1911 Act improvements: Grade and pave alley from
22nd to 23rd Streets, between "K" & "L" Avenues.
RECOMMENDATION: Staff recommends this be referred to staff.
ACTION: Moved by VanDeventer, seconded by Cooper, this be referred
to staff. Carried by unanimous vote.
PERSONNEL LABOR REL
18. SUB J E CT: Asst. to the City Manager/Personnel Schulman's report on
Compensation Study Report: Phase I.
RECOM MENDATION: Staff recommends the report be received and filed.
ACTION: Moved by Van Deventer, seconded by Dalla, the report be
received and filed.
TESTIM ONY: Anita Johnson,Director of Personnel Research Center was
present to answer questions.
Tom Doyle, Attorney for NCMEA, 4950 Waring Rd., San Diego, said
overall, the M EA has no problems with the survey; Council should keep in
mind that the survey included only certain benchmark classifications; the
survey indicates that in overall total compensation, the employees in this
City are below the average in the County.
ACTION: Motion carried by unanimous vote.
TEMPORARY OCCUPANCY PERMIT
19. SUBJECT: The Building & Safety Director's report on the March 2, 1987
meeting of the Advisory and Appeals Board re request for Temporary Occupancy
Permit for Bonita Valley Condominiums.
RECOMMENDATION: The Advisory and Appeals Board recommends that
Council approve issuance of the Temporary Occupancy Permit subject to
all requirements of the various departm ents, and the permit not exceed
30 days.
TESTIM ON Y: Richard Plumleigh, 2926 Arcola, San Diego and Ted
Odmark, 1747 Hancock, San Diego, were present and agreed to all
conditions set forth and answered Council's questions. There was discussion
re the traffic light.
ACTION: Moved by Cooper, seconded by VanDeventer, the Temporary
Occupancy Permit be approved, after all conditions of staff have been
met, and the permit shall not exceed 30 days. Carried by unanimous
vote.
Book 68/Page R65
3/3/87
CITY MANAGER
City Manager McCabe asked Police Chief Hart to report on the recent 12—day trial
involving three Police Dept. employees (a National City Police Officer, a Police
Service Officer and a former National City Police Officer); the employees and the
City were sued in Federal Court with claims that we purposely violated Hispanics,
and purposely hire officers who have a propensity and a history for the use of
violence and excessive force against Hispanic people. Chief Hart outlined the
background of the suit, saying the jury found in favor of the officers and against the
plaintiff; in the case of the PSO, the jury found in favor of the PSO and against the
plaintiff; in the case of the former police officer, the jury found against the officer
and in favor of the plaintiff, but no damages were awarded; our police officers
cannot be subjected to trying to enforce the laws of the State and the City, getting
met with resistance, and then getting involved in lawsuits and baseless claims.
Discussion re a policy whereby if the City Attorney feels there are grounds for a
countersuit, it would be filed.
Mayor Waters said Star News reporter Joe Tash does an excellent job reporting on
the City and his articles are fair.
CITY ATTORNEY — No report.
OTHER STAFF
20. SUBJECT: "NOTICE OF REDUCTION OF SALARY", a memo from the City
Council to the City Clerk.
The City Clerk reading her response to Council's memo into the record:
"On February 24, behind closed doors and without having asked one question of
the City Clerk, the City Council signed a Notice of Reduction in Salary. They
apparently assumed the roles of District Attorney, Grand Jury, Judge and Jury
without hearing a shred of evidence. The Notice was hand —delivered to the City
Clerk at approximately 11:00 a.m. on Wednesday, February 25. In response to
this Notice of Reduction of Salary and the alleged causes of action, which
appears to have been adopted illegally in a closed session, the following is
submitted:
"A. Refusal to follow City Council directives regarding the minutes
and the keeping of tapes of Council meetings...
'(Answer) Regarding the minutes this is not true. The minutes
have been prepared in accordance with State law and in
accordance with all training on the requirements of minutes I
have had over the twenty—five years 1 have been City Clerk or
Deputy City Clerk, and within those limits, I have attempted
to adapt to Council's format. Regarding the tapes, it is not
true.
"B. Entering into a contract for service without proper authority
and in violation of City Council direction. At its m eeting of
May 6, 1986, the City Council authorized the hiring of
consultant Joyce Snider to provide services in connection with
the organization and keeping of City records. However, during
budget deliberation for fiscal year 1986-87, the City Council
specifically directed that if any addditional service was to be
performed by Ms. Snider, prior City Council approval would be
required. Notwithstanding this specific Council direction, you
retained Ms. Snider to perform duties related to the training of
a new employee and correcting work of a former employee, at
a cost of $1,950.00...
'(Answer) Council did so direct and 1 obeyed. This is totally
untrue.
Book 68/Page R66
3/3/87
"C. Failure to conform to City Council direction regarding leave
records for payroll purposes. It has been a longstanding City
policy for all employees, including executive, appointive, and
elected, to sub mit appropriate leave records in order to
document absences from the work place. You are disregarding
that policy...
■(Answer) This is totally untrue.
"D. During the budget deliberation process for fiscal year 1985-86,
the City Council directed that the City Manager's Office
conduct a study of the staffing needs of the City Clerk's
Office. The Personnel Officer was designated by the City
Manager to carry out this study. When the Personnel Officer
requested information from you in undertaking this study, you
refused to cooperate...
• (Answer) This is not true. 1 did respond as best I could,
facing the pressure of work to be done and limited staff. 1
did expect help from the Personnel Officer but none was
forthcoming. 1 am still waiting for that help.
"E. Creation of a framed display in the City Clerk's Office in view
of the public and employees, designed to bring discredit upon a
member of the City Council.
• (Answer) This is not intended as a •display•, but as a
reminder to myself that it is better to turn the other cheek
than practice the Old Testament's "an eye for an eye.• The
back, and possibly the side of the frame, but not the words,
can be seen by the public. The front can be seen by those
few employees who enter the office. But no one can read the
message unless within the very short, normal reading distance
for a typewritten page.
"And finally:
"The above facts(?) constitute conduct on your part which is:
"I.
Disobedient and insubordinate to the City Council.
■ (Answer) This is not true.
"2. A failure to perform assigned tasks and duties in a prompt,
competent, and responsible manner.
• (Answer) This is not true. 1 have done everything possible to
perform, keeping in mind the staffing limitations.
"3. Inefficient, incompetent and negligent in the performance of
your duties.
■(Answer) This is not true. Negligence? Never.
"4. A failure to obey a direct order of the City Council.
■ (Answer) This is not true. Within State law, I have always
performed according to the wishes of the City Council. The
allegation is so vague that it is impossible to be more
specific.
"5. Discourteous and offensive treatment to a member of the City
Council.
• (Answer) This is not true. I have always performed in an
appropriate, courteous, professional manner.
"6. Conduct unbecoming a City employee.
Book 68/Page R67
3/3/87
■(Answer) The allegation is untrue, 1 have conducted myself in
a manner appropriate to the conduct of my duties as an
elected City official.
"I, hereby request a Noticed Public Hearing, at which tim e 1 will present
documentation of my statements. I request that at that hearing Council submit a
particularization of the above allegations with supporting docum ents. I request that
the hearing be scheduled allowing ample time for the documentation. I further
request that no action be taken until after said hearing.
"Signed, lone Campbell, March 3, 1987."
ACTION: Moved by Dalla, seconded by Cooper, we proceed as indicated
in our memo of February 24th. Carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Pruitt.
MAYOR
EQUIPMENT PURCHASE
Mayor Waters said we have our communication thing on order, and according to the
report from Mr. Williams, the company is having difficulty getting parts for the new
unit that was ordered; that concerns him because that doesn't normally happen until
it has been installed for a few years. Public Works Director Williams said the
contractor has indicated it will be installed before the end of the month
Mayor Waters spoke of the Council's tour of the post office facilites, saying
Congressman Bates is still working on this and Mr. Bates has assured him that things
are going along fine; there is a possibility we will get some relief around the post
office.
Mayor Waters said Mr. Kimball is buried in La Vista Memorial, and the area where
he is buried is in deplorable condition; he sent a letter to the owner of La Vista
advising him of same.
CITY COUNCIL
Vice Mayor Cooper said he goes by the post office every day, and he would like art
item put on next week's agenda to discuss putting up a sign telling the public that
they cannot park in the white zone, get out of their car and go in the post office.
EXECUTIVE SESSION — LITIGATION — PERSONNEL
City Attorney Eiser announced there is a closed session listed on the agenda to
discuss pending litigation under Government Code Section 54956.9(a), to discuss the
claim of N. G. Gilbert Corp.; there is also a closed session listed to discuss personnel
matters; he received a phone call this afternoon from the opposing attorney in the
People vs. Wiener (Chuck's Book Store), who proposed a settlement offer; if Council
desires, it would be appropriate to review that settlement offer during the closed
session. Mr. Eiser was advised to put this item on next week's agenda. Moved by
Cooper, seconded by Van Deventer, in favor of the closed session. Carried by
unanimous vote.
Council went into Executive Session at 6:13 p.m.
Council reconvened at 6:25 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent:
None.
Book 68/Page R68
3/3/87
ADJOURNMENT
Moved by Cooper, seconded by Pruitt, the meeting be adjourned to 7:00 p.m.,
March 10, 1987. Carried by unanimous vote. The meeting closed at 6:26 p.m.
CITY CLE ' K
The foregoing minutes were approved at the regular meeting of
Corrections VNo corrections
, 1987.
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA