HomeMy WebLinkAbout1987 03-10 CC MINBook 68/Page R69
3/10/87
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
MARCH 10, 1987
The regular meeting of the City Council of the City of National City was called to
order at 7:00 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. Wayne Rowland, First Congregational Church.
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 meetings of
February 10, February 17, February 24 and March 3, 1987 be held over. Carried
by unanimous vote.
PROCLAMATION
Moved by VanDeventer, seconded by Dalla, the Proclamation be read by title only.
Carried by unanimous vote.
The Proclamation declaring Wednesday, March 11, 1987 to be "NATIONAL SCHOOL
DISTRICT COMMUNITY READ —IN DAY" was read aloud in full by Mayor Waters.
The Mayor presented the Proclamation to Karen Benson. Moved by VanDeventer,
seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote.
MAYOR'S PRESENTATION
Mayor Waters presented a Certificate of Appreciation to Fred Godshalk,
International Brotherhood of Electrical Workers Local #569 in appreciation of their
donation of 50 sm oke detectors, and thanked him for the Union's service to the
community. Fire Chief Kimble thanked Mr. Godshalk on behalf of the National
City Fire Dept.
PRESENTATION
Phil Ewert, President, National City Firefighters' Assoc. was present and presented
belt buckles commemorating the Fire Department's Centennial to each member of
Council. Mayor Waters announced that next Tuesday, Council members will be
dressed in their period costumes, and the Firefighters will be present with their
antique fire engine. Councilman VanDeventer said we have very few complaints
about our Fire Dept.; he hears a lot of praise about the department. Vice Mayor
Cooper thanked the firefighters for the belt buckle, saying it was well done and he
appreciates it.
APPOINTMENTS
BD COMM
Vice Mayor Cooper presided.
STREET TREE AND PARKWAY COMMITTEE
ACTION: Moved by Dalla, seconded by VanDeventer, we affirm our
previous action on the Street Tree and Parkway Committee
appointments. Carried by unanimous vote.
LIBRARY BOARD OF TRUSTEES
Ballots were distributed, voted and returned to the City Clerk who tallied the
votes: there were four votes for Gloria Bird, two votes for Aida Rodriguez,
two votes for Erlinda Villarta and four votes for Vincent Reynolds.
TRAFFIC SAFETY COMMITTEE
ACTION: Moved by Dalla, seconded by Van Deventer, Roy Fierro be
reappointed at least through December, and then fill the vacancy when
his term expires. Motion carried by the following vote, to —wit: Ayes:
Cooper, Dalla, Pruitt, VanDeventer. Nays: None. Abstaining: Waters.
Book 68/Page R70
3/10/87
BUILDING ADVISORY AND APPEALS BOARD
ACTION: Moved by VanDeventer, seconded by Pruitt, Janice Martinelli
be appointed as the citizen member of the Advisory & Appeals Board.
Carried by unanimous vote.
CIVIL SERVICE COMMISSION
ACTION: Moved by Cooper, seconded by VanDeventer, we direct the
City Clerk to advertise the vacancy on the Civil Service Com mission.
Carried by unanimous vote.
BD COM M
ACTION: Moved by Dalla, seconded by Pruitt, we refer the appointment
process administration to a committee of two City Council members and the
City Manager and see if they can come back with a way to make it better.
Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
STREET
MILTON OGDEN, 903 E. 28th St., was present and complained that parked cars in
the area around the high school made it impossible for the street sweeper to do an
effective job. Mayor Waters asked the City Manager to meet with the Public Works
Director and possibly something could be worked out.
STREET
Mr. Ogden continued, some City and County workers do not always conform to OSHA
laws; when work is being done on the streets barricades and cones are used, but signs
should be posted to warn people that the work is being done. Mayor Waters asked
the City Manager to look into this.
PUBLIC HEARINGS
GENERAL PLAN — ZONE
1. SUB JE CT: Public Hearing on General Plan Am endment and Zone Change
Applications to change the land use designations on the Combined General
Plan/Zoning Map from CL—PD (Limited Commercial —Planned Development) to
CG—PD (General Commercial —Planned Development) for property on the east side
of Euclid Ave., south of Plaza Blvd. (Applicant: KRD Developing Resources;
Case File Nos. GP-7-86/ZC-9-86).. The City Clerk reported the Certificate of
Publication was on file.
RECOMMENDATION: The Planning Commission recommended approval of
the General Plan Amendment and Zone Change applications and Negative
Declaration; staff concurs with the Planning Commission's
recommendation.
ACTION: Moved by VanDeventer, seconded by Cooper, the public hearing
be closed and the Planning Com mission's recom m endation be approved
with all stipulations of staff.
TESTIMONY: Steve Kerch, 3904 Groton St., San Diego, was present and
spoke in favor. There were no protests.
ACTION: Carried by unanimous vote.
GENERAL PLAN — ZONE
2. SUBJECT: Public Hearing on proposed General Plan Amendment (GP-6-86) and
Zone Change (ZC-8-86) from RT (Two —Family) to RS-2 (Single —Family) for the
area east of "L" Ave., north of 24th St. and west of "N" Ave. The City Clerk
reported the Certificate of Publication and Affidavit of Mailing were on file.
RECOM M EN DATION: The Planning Com mission recommended approval of
the General Plan Amendment, Zone Change and Negative Declaration;
staff concurs with the Planning Commission's recommendation.
TESTIMONY: None.
ACTION: Moved by Cooper, seconded by VanDeventer, the Public Hearing
be closed and this be approved. Carried by unanimous vote.
PLANNED DEVELOPMENT PERMIT
3. SUBJECT: Public Hearing on appeal by City Council of Planning Commission
approval of Planned Development Permit application to move two single—family
dwellings onto a lot with one existing single—family dwelling located at
315 Norton Ave. (Applicant: Ronald M. Feenstra; Case File No. PD-10-86).
RECOMMENDATION: The Planning Com mission approved application
subject to 22 conditions; staff concurs with the Planning Com mission's
recommendation.
TESTIMONY: Robert Feenstra was present and spoke in favor.
ACTION: Moved by Cooper, seconded by VanDeventer, the Public Hearing
Book 68/Page R71
3 /10/87
be closed and the project be allowed to go on with all the conditions of
the Planning Commission. Moved by Dalla, seconded by Pruitt, we amend
the conditions of approval to require enclosed garages instead of carports.
(There was no vote on this motion.) Vice Mayor Cooper withdrew his
motion. Moved by Dalla, seconded by Pruitt, the Public Hearing be
closed and this item be approved with one added condition that the
carport be converted to an enclosed garage (one —car). Carried, by the
following vote, to —wit: Ayes: Dalla, Pruitt, Van Deventer, Waters. Nays:
Cooper. Mo ved by VanDeventer, seconded by Cooper, from now on, if
this is a requirement, whatever it takes to make this into a form that
would make Mr. Post's job easier for people that's coming forward.
Carried by unanimous vote.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 15,233 through 15,238)
Vice Mayor Cooper requested that No. 9 be considered separately. Councilman
VanDeventer requested that No. 8 be considered separately. Mayor Waters requested
that No. 4 be considered separately. The City Clerk requested that No. 7 be
considered separately. Moved by Cooper, seconded by VanDeventer, the Consent
Resolutions (except Nos. 4, 7, 8 & 9) be adopted. Carried by unanimous vote.
FLOOD CONTROL
5. Resolution No. 15,234, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING FILING OF
NOTICE OF COMPLETION FOR STORM DRAIN INSTALLATION FROM 'B'
AVENUE AND 22ND STREET TO 24TH STREET AND NATIONAL CITY
BOULEVARD (ENGINEERING SPECIFICATION NO. 994)." Adopted. See above.
CONTRACT — TRAFFIC SIGNAL
6. Resolution No. 15,235, "A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY
AND CALTRANS FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE
INTERSECTION OF HARBOR DRIVE AND CIVIC CENTER (C.I.P. PROJECT NO.
6523)." Adopted. See above.
PARKING/TRAFFIC
4. Resolution No. 15,233, "A Resolution of the City Council of the City of
National City amending Resolution No. 15,123, designating Residential Permit
Parking Area 'F' on 'Al Avenue between 9th Street and Plaza Boulevard."
Moved by Cooper, seconded by VanDeventer, we hold this over for one month,
refer it to the Traffic Safety Committee and let them come back with a
recommendation. Carried by unanimous vote.
CITY CLERK
7. Resolution No. 15,236, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY FIXING THE SALARY OF THE CITY CLERK." Moved by
VanDeventer, seconded by Cooper, Resolution No. 15,236 be adopted. The City
Clerk read a statement into the record (See Exhibit "A"). Carried, by the
following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays:
Pruitt.
CONTRACT — STREET IMPROVEMENTS
8. Resolution No. 15,237, "A RESOLUTION DECLARING PDS CONSTRUCTION
COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH PDS CONSTRUCTION COMPANY
(for construction of Alley No. 26, 8th to 9th Streets, Roosevelt to Hoover)."
Moved by Dalla, seconded by Cooper, Resolution No. 15,237 be adopted.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters.
Nays: None. Abstaining: Van Deventer.
POLITICAL SUPPORT — PARKING/TRAFFIC
9. Resolution No. 15,238, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY SUPPORTING AN INCREASE IN THE SURCHARGES ON
CERTAIN FINES FOR THE PURPOSE OF FACILITATING THE CONSTRUCTION
AND OPERATION OF DETENTION AND COURT FACILITIES IN SAN DIEGO
COUNTY." Moved by Cooper, seconded by VanDeventer, Resolution No. 15,238
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.
Book 68/Page R72
3/10/87
MUNI CODE
10. Ordinance No. 1904, "AN ORDINANCE AMENDING SECTIONS 18.62.070(G) AND
18.62.190(C) OF THE MUNICIPAL CODE RELATING TO POLITICAL SIGNS."
Moved by Cooper, seconded by VanDeventer, Ordinance No. 1904 be adopted.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt,
VanDeventer. Nays: Waters.
COMMUNITY PROMOTION/CENTENNIAL
11. SUBJECT: Judy Boss' Centennial Mural —
Blvd.
RECOM MENDATION: Since no plans
Council policy direction.
TESTIMONY: Judy Boss, 1311 "O"
drawings of the proposed changes.
ACTION: Moved by VanDeventer,
"National City Banner" and the "little
wall on Palm Ave. south of Plaza
have been received, staff requests
Ave. Was present and displayed
seconded by Pruitt, in favor of the
man with the glasses" be blocked
out in red, to be completed in two weeks. Carried by unanimous vote.
NEW BUSINESS
12. SUBJECT: WARRANT REGISTER NO. 35, dated March 3, 1987, Ratification of
Demands in the amount of $111,480.61 (Warrants Nos. 95670 through 95725).
RECOM MENDATION: Staff recommends the warrants be ratified.
ACTION: Moved by Cooper, seconded by VanDeventer, the bills be
ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla,
Pruitt, VanDeventer, Waters. Nays: None.
WRITTEN COMMUNICATIONS
BUDGET FY86-87
13. SUBJECT: Request from Project Read for $250 donation to help with expenses
incurred in the promotion and implementation of the Second Annual "Conference
on Literacy" to be held on Tuesday, March 31, 1987 at Kimball Hall from
9:30 a.m. to 2:30 p.m.
RECOMMENDATION: None.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this
request. Carried by unanimous vote.
OTHER BUSINESS
CONDITIONAL USE PERMIT — STORM DRAIN
14. SUBJECT: Notice of Decision — Planning Commission Resolution No. 3-87
approving a Conditional Use Permit application for alteration of a drainage
course on property located south of 8th St., north of Plaza Blvd. and east of
Harbison Ave. (Applicant: Robert L. Childers Co., Inc.; Case File No. CUP-
1986-19).
RECOM MENDATION: The Planning Commission approved the application;
staff concurs with the Planning Commission's action and recommends the
Notice of Decision be filed.
ACTION: Ordered filed by unanimous vote.
PLANNED DEVELOPMENT PERMIT
15. SUB JE CT: Notice of Decision — Planning Com mission Resolution No. 2-87
approving a Planned Development Permit application for a 5,520 square foot
commercial building addition in an existing shopping center located at 2505 E.
Division St. (Applicant: Alessio Leasing, Inc.; Case File No. P D-11-86).
RECOM MENDATION: The Planning Commission approved subject to 13
conditions; staff concurs with the Planning Commission's approval.
ACTION: Ordered filed by unanimous vote.
CONDITIONAL USE PERMIT
16. SUBJECT: Notice of Decision — Planning Commission Resolution No. 4-87
denying a Conditional Use Permit application for the sale of used furniture and
appliances at 733 E. 3rd St. The City Clerk reported the applicant filed an
appeal.
RECOMMENDATION: The Planning Commission denied the application;
staff concurs with the Planning Commission's decision and recommends the
Notice of Decision be filed.
ACTION: Moved by Cooper, seconded by VanDeventer, this be set for
public hearing on April 14, 1987. Carried by unanimous vote.
FINANCE MGMT
17. SUBJECT: The Annual Financial Report (Combined Financial Statements and
Book 68/Page R73
3/10/87
Additional Financial Information) of the City of National City for the year
ended June 30, 1986 with Report of Certified Public Accountants.
RECOMMENDATION: Staff recommends the report be accepted and filed.
ACTION: Moved by Dalla, seconded by Pruitt, this be held over for two
weeks. Carried by unanimous vote.
PARKING/TRAFFIC
18. SUB J E CT: The City Engineer's report on installation of "No Parking in White
Zone" sign at the post office.
RECOMMENDATION: Staff recommends the report be received and filed.
ACTION: Moved by Cooper, seconded by VanDeventer, this be held over
for two weeks, and the Traffic Safety Committee come back with a
recommendation. Carried by unanimous vote.
STREET — PARKING/TRAFFIC
19. SUBJECT: Petitiion for a 6' retaining wall from residents in the vicinity of 8th
& Plaza project (widening of 8th St. & covering of drain).
RECOM MENDATION: Staff recommends this be received and filed.
TESTIMONY: Present and speaking in favor: Christine Stein, 3431 Tolas
Ct.; Bill Ciuchta, 3405 E. 7 St.; Mamie Lewis, 3424 Tolas Ct.;
Pamela Lindsey, 3412 Tolas Ct.; Esther Gonzales, 728 Salot;
Robert Young, 3436 Tolas Ct. Opposed: None present.
ACTION: Moved by VanDeventer, seconded by Pruitt, we refer this item
for funding and to staff to check it out and have it back for the budget
meeting. Carried by unanimous vote.
Mayor Waters called a recess at 8:42 p.m.
Council reconvened at 8:51 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent:
None.
PARKING/TRAFFIC
20. SUBJECT: The City Engineer's report on speed control on "A" Ave., 22nd to
24th Streets.
R E C O M M E N D A TI O N: Staff recommends that Council authorize staff to
proceed with installation of the speed humps.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of staff's
recommendation of speed humps. Carried by unanimous vote.
SOLID WASTE MANAGEMENT
21. SUBJECT: The Deputy Public Works' Director's report on litter signs and
receptacles.
RECOM MENDATION: Staff recommends that Council determine its
preference for sign verbiage and authorize funding, procurement and
placem ent of signs and receptacles as recom mended.
ACTION: Moved by Waters, seconded by Pruitt, this item be put on the
agenda next week, with all suggestions listed, and Council will make a
selection at that time. Carried by unanimous vote. Moved by
VanDeventer, seconded by Cooper, the receptacles and covers be
purchased at this tim e to be put in the locations staff recom m ends.
Carried by unanimous vote.
SOLID WASTE MANAGEMENT
22. SUBJECT: The Public Works Director's status report on mandatory trash
collection.
RECOM MENDATION: Staff recommends the report be filed.
ACTION: Ordered filed by unanimous vote.
CITY MANAGER
PERSONNEL
City Manager McCabe reported that the Civil Service process has been completed for
the Administrative Assistant position, and three names have been certified; he will
establish interviews with these three applicants on Friday and asked if Council wished
to participate, or perhaps adjourn the meeting to Friday so that all Council members
can meet with the candidates. There was consensus to adjourn the meeting to
3:00 p.m., on Friday, March 13, 1987, and hold the interviews in a closed session.
Book 68/Page R74
3/10/87
CITY ATTORNEY — No report.
OTHER STAFF
CITY CLERK
The City Clerk read into the record a letter she received from Mayor Waters dated
March 9, 1987 (See Exhibit °B").
MAYOR
Mayor Waters said he would like to see everybody in their Centennial dress next
Tuesday; Channels 39 and 10 will be here; there will be some presentations at the
Council meeting, and the firefighters will be present with their antique fire engine.
Mayor Waters inquired how many members of the Council would be attending the
Centennial dinner at Granger Hall on March 24.
CITY CLERK
23. SUBJECT: Discussion of unresolved paym ent for consulting services of Joyce
Snider.
RECOMMENDATION: None.
ACTION: Moved by Waters, seconded by Cooper, this matter be referred
to the District Attorney's office for an opinion. Carried by unanimous
vote.
CITY COUNCIL — No reports.
EXECUTIVE SESSION — CLAIMS/LITIGATION
City Attorney Eiser announced there is a closed session listed on the agenda for
pending litigation under Government Code Section 54956.9(a), to discuss the People vs
Wiener (Chuck's Bookstore) and Jim mie Austin vs the City of National City. Moved
by Cooper, seconded by Van Deventer, in favor of the Executive Session. Carried by
unanimous vote.
Council went into Executive Session at 9:16 p.m.
Council reconvened at 9:20 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Pruitt, VanDeventer, Waters. Absent:
None.
ADJOURNMENT
Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 3:00 p.m.,
March 13, 1987. Carried by unanimous vote. The meeting closed at 9:21 p.m.
CITY Cf--
CLEK
The foregoing minutes were approved at the regular meeting of
Corrections ✓ No corrections
LG 1987.
/4
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA
Exhibit "A"
Book 68/Page 75
CITY OF NATIONAL CITY, CALIFORNIA
1243 NATIONAL CITY BOULEVARD • NATIONAL CITY, CALIFORNIA 92050 •
(619) 336-4226
IONE CAMPBELL, CMC
CRY CLERK
10 March, 1987
To: The Honorable Mayor and
Members of the City Council
Re: Resolution No. 15,236, "...Fixing the Salary of the City Clerk"
I note that Item 7, Resolution No. 15,236, "...Fixing the Salary of
the City Clerk" was placed on the Consent Resolution Section of
the agenda without prior notice to me. Please be reminded that
I conveyed to you my request for a public hearing at the regular
meeting of March 3, 1987. And I hereby ask once again for a
public hearing.
Ione Campbell
MEMBER
f
City of National City
Office of the Mayor
1243 National City Blvd., National
George H. Waters —Mayor
March 9, 1987
TO
FROM .
SUBJECT :
City Clerk
Mayor Waters
Reduction in Pay
Exhibit "B"
Book 68/Page 76
RECEIVED RECEIVED
CITY CL '.L► I', CITY CLERK
City, CA 9 09394' 21.606M6-4443241�H t8t
CITY OF NAT1ONCfl1 bNATIONAL CITY
By memorandum dated February 24, 1987, the City Council notified you of its
intention to reduce your annual salary to $28,662.00 due to the following conduct
on your part:
1. Refusal to follow City Council directive regarding City Council
minutes and the keeping of tapes of Council meetings.
2. Entering into a contract for services without proper authority and in
violation of City Council direction.
3. Failure to conform to City Council direction regarding leave records
for payroll purposes.
4. Refusing to cooperate in a study directed by the City Council
regarding the staffing needs of the City Clerk's Office.
5. 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.
Further, the February 24, 1987 memorandum stated that the above facts constituted
conduct on your part which is:
1. Disobedient and insubordinate to the City Council.
2. A failure to perform assigned tasks and duties in a prompt,
competent, and responsible manner.
3. Inefficient, incompetent and negligent in the performance of your
duties.
4. A failure to obey a direct order of the City Council.
5. Discourteous and offensive 'treatment to a member of the City
Council.
6. Conduct unbecoming a City employee.
At the City
to respond
reduction in
Council meeting of March 3, 1987, after you were given an opportunity
to the above items, the City Council decided to proceed with the
salary.
Book 68/Page 77
It is my intention to closely monitor your job performance for a period of 90 days.
If, within that time, you demonstrate a willingness and ability to carry out your
duties according to City Council direction, I will be inclined to recommend to the
City Council that your salary be adjusted upward. If, on the other hand, your job
performance does not improve, I will recommend that the City Council consider a
further salary reduction.
I trust that in the future you will bear in mind that it is the Mayor and City
Council who were selected by the people of National City to govern the City, and
that you will exhibit an increased responsiveness to the Mayor and City Council in
carrying out your duties.
Sincerely,
4eorg . Waters
Mayor
cc: City Council