HomeMy WebLinkAbout1987 04-21 CC MINBook 68/Page 108
4/21/87
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
APRIL 21, 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, Van Deventer, Waters. Absent:
None. Administrative officials present: 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 the Rev. Bill Ward, Paradise Valley Hospital Chapel.
Mayor Waters announced that Rev. Ward will be leaving National City and moving
to Oregon.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Pruitt, the minutes of the regular meeting of
April 7, 1987 be approved. Carried by unanimous vote. Moved by Van Deventer,
seconded by Cooper, the minutes of the regular meeting of April 14, 1987 be held
over one week. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
ANIMAL CONTROL
EDWARD CHURCH, 1846 8th St., was present and spoke of barking dogs next door
to his residence; he called the animal control officer who came out, but he was
advised by the animal control officer that he could not issue a citation because he
did not hear the dogs barking; the owner of the dogs is a police officer who
handles dogs, and one of the barking dogs is a trained attack dog who has bitten a
child; he told the animal control officer to turn in his badge and go home and he
would call a police officer to shut up the barking dogs; he was advised by the
animal control officer that he had called for assistance because Mr. Church had
threatened him; the animal control officer must be holding a grudge against him
because he always has an excuse why he cannot write a citation against a barking
dog; it seems to be a conflict of interest, as they will not write a citation against
a barking police dog next door. Mayor Waters asked the City Manager to look into
this and bring back a report on what took place.
COMMUNITY PROMOTION — MAYTIME BAND REVIEW
GEORGE WEBSTER, National City Chamber of Commerce, was present and invited
Councilmembers to the Maytime Band Review golf tournament on Friday.
COMMUNITY PROMOTION — CENTENNIAL
BARBARA HUNSAKER was present and outlined the upcoming Centennial activities,
and urged Council and City staff to attend the events, and the Western Barbecue
at Plaza Bonita on Saturday. Mayor Waters inquired if Council was interested in
entering a City float in the Centennial Parade. Vice Mayor Cooper requested this
be put on the next agenda.
HOWARD KING, 2226 E. 5th St., was present and spoke of the convalescent home
under construction at 5th & "B", saying there are twenty—six illegal closet rings on
the toilets, which restrict the flow; the State has control over this, but the City
should expect the State to follow the same Codes we are required to follow; he
spoke to the inspector, and was told the offset closet rings have been legal for
years; he contacted Senator Deddeh's office, and was contacted by someone who
said "It isn't that bad." City Attorney Eiser said this is not within the City's
authority to enforce; he recommends this be referred back to the State Inspector.
Vice Mayor Cooper said he would like to see the City Manager or the City
Attorney write a letter advising these people that we are not happy with this kind
of building; he looked at this with Mr. King, and the closet rings are illegal
according to the Code.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 15,275 through 15,285)
Moved by Van Deventer, seconded by Pruitt, the Resolutions be presented by title
only. Carried by unanimous vote. Moved by Van Deventer, seconded by Cooper, the
Consent Resolutions be adopted. Carried by unanimous vote.
Book 68/Page 109
4/21/87
DISASTER PREPAREDNESS
1. Resolution No. 15,275, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY APPROVING AN EMERGENCY MANAGEMENT POLICY
STATEMENT." Adopted. See above.
WATER
2. Resolution No. 15,276, "A RESOLUTION OF THE CITY COUNCIL OF
NATIONAL CITY SUPPORTING SOUTHERN CALIFORNIA WATER POLICY OF
AUGUST 11, 1986." Adopted. See above.
STREET IMPROVEMENTS
3. Resolution No. 15,277, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING FILING OF
NOTICE OF COMPLETION FOR RECONSTRUCTION, FOG SEALING, AND CHIP
SEALING OF VARIOUS STREETS IN NATIONAL CITY (ENGINEERING
SPECIFICATION NO. 988)." Adopted. See above.
PARKING/TRAFFIC SIGNALS
4. Resolution No. 15,278, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY ACCEPTING WORK AND AUTHORIZING FILING OF
NOTICE OF COMPLETION FOR TRAFFIC SIGNAL MODIFICATIONS AT
VARIOUS LOCATIONS IN NATIONAL CITY (ENGINEERING SPECIFICATION NO.
991)." Adopted. See above.
BUDGET FY86-87 — CITY FACILITY/SWIMMING POOL
5. Resolution No. 15,279, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF
FUNDS FOR THE INSTALLATION OF THE LAS PALM AS POOL PUMP AND
FILTER REPLACEMENT AND INSTALLATION (ENGINEERING SPECIFICATION
NO. 997)." Adopted. See above.
CONTRACT — SUBDIVISION/HARBISON VILLAGE
6. Resolution No. 15,280, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING EXECUTION OF FOUR AGREEMENTS
BETWEEN THE CITY OF NATIONAL CITY AND ROBERT L. CHILDERS, INC.,
DEVELOPER OF HARBISON VILLAGE SUBDIVISION, EAST OF HARBISON
AVENUE BETWEEN 8TH STREET AND PLAZA BOULEVARD (to guarantee the
performance of improvements as required by
Resolution No. 15,166)." Adopted. See above.
CONTRACT — SIDEWALK, CURB, GUTTER
7. Resolution No. 15,281, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY DECLARING ALEX MC LINTOCK, INC. TO BE THE
LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH ALEX MC LINTOCK, INC. (removal and
replacement of sidewalk, curb and gutter, and installation of pedestrian ramps at
various locations)." Adopted. See above.
CONDITIONAL USE PERMIT
8. Resolution No. 15,282, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT
APPLICATION TO ALLOW THE SALE OF USED FURNITURE AND APPLIANCES
AT 733 EAST 3RD STREET, APPLICANT: JOE FENO, CASE FILE NO. CUP
1986-20)." Adopted. See above.
SUBDIVISION/ISLANDERS PARTNERSHIP
9. Resolution No. 15,283, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA, APPROVING A TENTATIVE SUBDIVISION
MAP FOR 18 SINGLE—FAMILY RESIDENTIAL LOTS ON 4.79 ACRES EAST OF
SHELL AVENUE, NORTH OF LOU STREET AND WEST OF THE TERMINUS OF
PEACH BLOSSOM STREET, APPLICANT: PHILHOMES PLAZA I (ISLANDERS
PARTNERSHIP), CASE FILE NO. 5-86-01)." Adopted. See above.
ANNEXATION
10. Resolution No. 15,284, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA, INITIATING PROCEDURES FOR A
REORGANIZATION TO BE KNOWN AS THE WESTERN VALLEY ROAD
REORGANIZATION." Adopted. See above.
Book 68/Page 110
4/21 /87
BUDGET FY86-87 — POLICE PROTECTION
11. Resolution No. 15,285, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROPRIATING $10,183.50 OF FORFEITED
FUNDS SEIZED PURSUANT TO TITLE 21, U.S. CODE, SECTION 881, TO
THE CITY OF NATIONAL CITY POLICE DEPARTMENT FY1986-87
BUDGET." Adopted. See above.
OLD BUSINESS
PERSONNEL LABOR REL
12. SUBJECT: Asst. to the City Manager/Personnel's Compensation Survey Report,
Phase II, Management.
RECOM MENDATION: Staff submits report for Council information and
direction.
TESTIMONY: Anita Johnson, Personnel Research Center, Irvine, CA
outlined the study and answered Council's questions.
ACTION: None.
COMMUNITY PROMOTION/CENTENNIAL — INSURANCE
13. SUBJECT: The Purchasing Agent's status report regarding quotes received for
liability insurance coverage for Centennial events.
RECOMMENDATION: Staff recommends that the quote from the CIA
Insurance Agency be accepted and the Risk Manager authorized to
purchase coverage for the events quoted.
TESTIMONY: Purchasing Agent Regalado said he was unaware that the
Rolls Royce tour had been cancelled, and his quotes for the barbecue, the
Rolls Royce tour and the home tours scheduled for May 15 & 16. Larry
Casio (insurance agent), 1615 Sweetwater Rd. suggested the quotes be
accepted and take a credit for the event that will be dropped, to be
applied toward a future event.
ACTION: Moved by Cooper, seconded by Pruitt, we accept the CIA
Insurance Agency's quote and go on with this, and have them give us
credit for the event that will not happen. Carried by unanimous vote.
PARKING/TRAFFIC
14. SUBJECT: The City Engineer's report on residential permit parking area "F" on
"A" Ave., between 9th St. and Plaza Blvd., regarding the number of parking
permits for each residence.
RECOM MENDATION: Staff recommends that each residence within the
district be restricted to two parking stickers only.
ACTION: Moved by Cooper, seconded by VanDeventer, in favor of staff's
recommendation. Carried by unanimous vote.
TAXES
15. SUBJECT: The Business License Inspector's report on taxes paid by vending
vehicles, local sales tax allocation and leased vehicles use tax.
RECOMMENDATION: Staff recommends Council consider impact of
changing business license tax rate on food vending vehicles in light of
passage of Proposition 62 in November, 1986.
ACTION: Moved by Pruitt, seconded by Dalla, we leave this alone.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt,
Waters. Nays: Van Deventer
CONTRACT — CITY FACILITY/CIVIC CENTER
16. SUBJECT: The City Engineer's report on Civic Center HVAC/roofing project,
Spec. No. 992, pistol range change order.
RECOMMENDATION: The City Engineer recommends that Council
approve the Change Order as recom mended; the Police Chief concurs in
this recommendation as an interim measure.
ACTION: Moved by VanDeventer, seconded by Cooper, we go for the full
construction (pistol range) and bring it up to the maximum of $35,000.
Carried, by the following vote, to —wit: Ayes: Cooper, Pruitt,
VanDeventer, Waters. Nays: Dalla.
Book 68/Page 111
4/21/87
NEW BUSINESS
FINANCE MGMT — CONFLICT OF INTEREST
17. SUBJECT: WARRANT REGISTER NO. 41, dated April 14, 1987, Ratification of
Demands in the amount of $210,119.92 (Warrants Nos. 96152 through 96273
[except 96219]).
RECOMMENDATION: Staff recommends the warrants be ratified.
ACTION: Moved by Cooper, seconded by Van Deventer, the bills be
ratified. Councilman VanDeventer said he would abstain on Warrant No.
96214. Warrants (except No. 96214) ratified by the following vote, to —
wit: Ayes: Cooper, Dalla, Pruitt, VanDeventer, Waters. Nays: None.
Warrant No. 96214 ratified by the following vote, to —wit: Ayes: Cooper,
Dalla, Pruitt, Waters. Nays: None. Abstaining: VanDeventer.
CLAIMS/LITIGTION
18. SUBJECT: Claim for Damages of James A. Kim ery.
RECOMMENDATION: Staff recommends the claim be denied and referred
to the City Attorney.
ACTION: Moved by Van Deventer, seconded by Cooper, this claim be
denied and referred to the City Attorney. Carried by unanimous vote.
WRITTEN COMMUNICATIONS
TEMPORARY USE PERMIT
19. SUBJECT: A letter from Edith Hughes of the Maytime Band Review requesting
waiver of rental and custodial fees for the Community Building Annex and
kitchen for May 2, 1987, to feed the Police Reserves and Marine Corps Recruit
Depot Band who help with the parade.
RECOMMENDATION: None.
ACTION: Moved by Van Deventer, seconded by Cooper, in favor of this
request. Carried by unanimous vote.
TEMPORARY USE PERMIT
20. SUBJECT: Request of the Japanese/American Citizens League for Temporary
Use Permit for their casino night fund raiser for youth activities, to be held on
May 30-31, 1987, from 5:00 p.m. to 1:00 p.m. at VFW Post 4851, 541 E. 24th
St.; applicant is also requesting waiver of fees.
RECOMMENDATION: Staff recommends approval subject to applicant
obtaining a separate permit for public assembly from the Fire Dept.
ACTION: Moved by Cooper, seconded by Pruitt, in favor of this request.
Carried by unanimous vote.
OTHER BUSINESS
FINANCE MGIIST
21. SUBJECT: The Finance Director's Cash and Investment Reports as of
March 31, 1987.
RECOM MENDATION: Staff recommends the reports be accepted and
filed.
ACTION: Ordered filed by unanimous vote.
SURPLUS PROPERTY
22. SUBJECT: The City Engineer's request for a meeting of the Real Estate
Committee (to consider declaring a parcel of City —owned land surplus, and
quitclaim the parcel in question to the adjacent property owner for the sum of
$672, to be returned to Gas Tax).
RECOMMENDATION: Staff recommends a meeting be conducted, and
authorize the procedure.
ACTION: Moved by Cooper, seconded by VanDeventer, this be set up
next week at the beginning of the Council meeting. Motion and second
withdrawn. Moved by Cooper, seconded by VanDeventer, we go ahead as
the Engineering Dept. suggests, that the small pieces of property be
disposed of by the Engineering Dept., and the rest of them be brought
back to Council. Carried by unanimous vote.
SURPLUS PROPERTY
23. SUBJECT: The City Engineer's request for escrow extension — KR D, Inc.
(request for a 90—day extension to allow time for City review and for the
developer to comply with the City requirements).
RECOMMENDATION: Staff recommends that Council approve the
extension of Escrow to July 28, 1987 and direct the Mayor to sign the
instructions.
Book 68/Page 112
4/21/87
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this
request. Carried by unanimous vote.
CONFLICT OF INTEREST
24. SUBJECT: The City Attorney's request for expansion of Conflict of Interest
Codes (to include all department managers, the Advisory and Appeals Board, the
Civil Service Co m mission, the Park and Recreation Advisory Board, the Library
Board of Trustees, the Street Tree and Parkway Committee and the Traffic
Safety Committee.
RECOM MENDATION: The City Attorney proposes to seek the assistance
of the Fair Political Practices Commission to determine if, in fact, our
Conflict of Interest Code should be expanded to list the employees, board
and commission members listed above, and recommends that Council
direct him to proceed as proposed.
ACTION: Moved by Dalla, seconded by VanDeventer, we direct the
attorney to proceed as proposed with reluctance. Motion and second
withdrawn. Moved by Cooper, seconded by Van Deventer, we file this and
leave it alone and not do anything about it. Carried, by the following
vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Van Deventer. Nays: Waters.
STREET TREES — CONFLICT OF INTEREST
25. SUBJECT: The recommendations of the Street Tree and Park way Committee
from their meeting of March 19, 1987 (street tree removals at the following
locations): 2203 E. 11th St. and 101 E. 18th St.
RECOMMENDATION: The Street Tree and Parkway Committee
recommends the above action be approved; the Park Division staff
recom mends ratification of the Street Tree and Parkway Committee's
action.
ACTION: Moved by Dalla, seconded by Cooper, in favor. Councilman
Van Deventer said he would abstain on the second item (101 E. 8th St.)
because he has a financial interest with this individual. Item 1 (2203 E.
11th St.) carried by unanimous vote. Item 2 (101 E. 18th St.) carried by
the following vote, to —wit: Ayes: Cooper, Dalla, Pruitt, Waters. Nays:
None. Abstaining: VanDeventer.
CITY MANAGER — No report.
CITY ATTORNEY — No report.
OTHER STAFF
HIGHWAY/FREEWAY
City Engineer Stafford reported CalTrans has requested permission to close portions
of 24th St. and some of the attendant off and on ramps (1-5) on April 26, from
6:00 a.m. until 12:00 noon.
ACTION: Moved by Van Deventer, seconded by Cooper, we make the finding
that the need to take action arose after the agenda was posted. Moved by
Cooper, seconded by Van Deventer, we approve this request. Carried by
unanimous vote.
MAYOR — No report.
CITY COUNCIL
CITY FACILITY/CIVIC CENTER
Councilman Dalla spoke of Item 16, and inquired if the $13,000 modification would
make the pistol range useable. City Engineer Stafford replied it would be useable,
but would not meet Cal Osha standards.
PARKING/TRAFFIC
26. SUBJECT: Discussion of traffic problems at 18th and Prospect.
RECOMMENDATION: None.
ACTION: Moved by VanDeventer, seconded by Cooper, this be referred
to the Traffic Safety Committee as the residents in the area would like
to see a four—way stop sign. Carried by unanimous vote. A resident of
the area submitted a petition signed by 53 residents, requesting a four—
way stop sign at 18th & Prospect. The Petitioner was advised that the
Traffic Safety Committee will meet the second Wednesday of next month.
Book 68/Page 113
4/21 /87
EXECUTIVE SESSION — PERSONNEL — LITIGATION
Mayor Waters reported the scheduled closed session to discuss personnel matters has
been cancelled. City Attorney Eiser said he would like to drop the Executive Session
on pending litigation as well. Moved by VanDeventer, seconded by Cooper, the
Executive Session be dropped from the agenda. Carried by unanimous vote.
POLICE PROTECTION
Councilman Van Deventer requested that the matter Mr. Mitchell has been concerned
with be referred to the Police Chief, and a full " report brought back to the Mayor
and Council.
ADJOURNMENT
Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m.,
April 28, 1987. Carried by unanimous vote. The meeting closed at 5:24 p.m.
CITY CLE K
The foregoing minutes were approved at the regular meeting of April 28, 1987.
Corrections ✓ No corrections
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MAYOR
CITY OF NATIONAL CITY, CALIFORNIA