HomeMy WebLinkAbout1986 09-16 CC MINBook 67/Page 141
9/16/86
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
SEPTEMBER 16, 1986
The regular meeting of the City Council of the City of National City was called to
order at 4:00 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent:
None. Administrative officials present: Bolint, Campbell, Eiser, McCabe, 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 Waters, seconded by Van Deventer, the minutes of the regular meetings of
August 26, September 2 and September 9, 1986 be approved. Carried by unanimous
vote.
PROCLAMATIONS
Moved by Van Deventer, seconded by Cooper, the Proclamations be presented by
title only. Carried by unanimous vote.
The Proclamation declaring the week of September 20 through 29, 1986 as
"COASTWEEK" was presented. Moved by VanDeventer, seconded by Cooper, in
favor of this Proclamation. Carried by unanimous vote.
The Proclamation declaring September 20, 1986 as "CALIFORNIA COASTAL
CLEAN—UP DAY" was presented. Moved by VanDeventer, seconded by Cooper, in
favor of this Proclamation. Carried by unanimous vote.
The Proclamation declaring the week of September 17 through 23, 1986 as "UNITED
STATES CONSTITUTION WEEK" was presented. Moved by VanDeventer, seconded
by Cooper, in favor of this Proclamation. Carried by unanimous vote. Mayor
Morgan presented the Proclamation to Mrs. Johnson.
PRESENTATIONS
PERSONNEL/FIRE DEPT
Fire Chief Kimble introduced Cindy Howard of National University who presented
Leadership Awards and $750 scholarships to Engineer Issac Hollis and Firefighter
David Salerno. Chief Kimble thanked National University for their awards program.
Councilman Waters presented checks to Don Hughes, Meals on Wheels ($100); Fire
Chief Kimble ($400); and Chief Hart ($300 for Police Reserves) on behalf of the
American Legion.
PUBLIC ORAL COMMUNICATIONS
HIGHWAY/FREEWAY — ELECTION/NOVEMBER 4, 1986 — BUDGET
F Y86-87
ED BODGE, 1315 1st St., was present and said Council deserves a round of
applause for their stand on Rte. 252; there is a Council candidate who has
been putting campaign signs on telephone poles and freeway fences, and he
understands this is illegal; last June Council appropriated $250 for summer
band concerts but the program did not get off the ground; he understands the
check was issued, but not picked up; Mr. Martinez hopes to have the program
next sum mer and he would like the City to hold this check over until next
May.
COMMUNITY PROMOTION
GEORGE WEBSTER, National City Chamber of Commerce, was present to
remind Council of the Centennial kick—off on Thursday, September 18 at
1:00 p.m. and encouraged them all to attend.
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PARKING/TRAFFIC — CROSSWALK
BURT PAPA, representing the Church of Christ, was present and said two
weeks ago he requested a crosswalk at 8th & "V", and was told it would be
held over for two weeks. Mr. Papa was advised that there was no meeting
last week because of the holiday (Admission Day) and this item will be on 1
next week's agenda.
COMMUNITY PROMOTION
Fire Chief Kimble said the Centennial Committee has made application to the
Fire Dept. for a fireworks permit; he has reviewed the application and they
meet all of the requirements except the insurance requirement; in the past the
City has required liability insurance in the amount of ;5 million; they have been
able to obtain ;500,000; permits have been approved at that leval in the past
and he recommends approval. Moved by Cooper, seconded by VanDeventer, in
favor of the Fire Chief's recommendation. Carried by unanimous vote.
ZONING
FAY RAMIREZ, California Home Health Services, 101 30th St., was present and
requested relocation of California Adult Day Health Center; they are turning
people down because they don't have enough room; they have found a location,
but it needs to be zoned for hotels; they got their CUP but it was for
industrial zoning. Planning Director Post said the facility is currently located
on 30th St. in a heavy commercial zone; they would like to move to the
Acropolis Space Center on Highland Ave. which is zoned for light manufacturing;
the Code states that the adult day care use can be located in instututional and
commercial zones only. Asst. City Manager Bolint said we have received a
letter from California Home Health Services requesting that they be placed on
the agenda next week.
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PARKING/TRAFFIC
BEULAH PONCEY, 2027 Highland Ave., was present and requested red —curbing
in front of her house; customers from the business next door park both in front
of and in back of her property. City Engineer Stafford said that will be on
next week's agenda.
PERSONNEL LABOR RELATIONS
Mayor Morgan said Asst. to the City Manager/Personnel Schulman sent out
letters to the employees; the employees returned the letters to him (Mayor),
along with a check to cover the cost of the mailing; he gave the money to the
Finance Dept. and was given a receipt. The Mayor gave the letters and the
receipt to the City Manager.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolutions Nos. 15,076 through 15,084)
Moved by VanDeventer, seconded by Waters, the Resolutions be presented by title
only. Carried by unanimous vote. Vice Mayor Cooper requested Resolutions Nos. 1,
2, 3, 4 & 9 be considered separately. Councilman VanDeventer requested Resolution
No. 8 be considered separately. Moved by Waters, seconded by VanDeventer, the
Consent Resolutions (except Nos. 1, 2, 3, 4, 8 & 9) be adopted. Carried by
unanimous vote.
DRIVEWAY
5. Resolution No. 15,080, "A RESOLUTION APPROVING THE ISSUANCE OF A
DRIVEWAY SPECIAL PERMIT AT 1823 PROSPECT STREET (MRS. CONNIE L.
FEY)." Adopted. See above.
CABLE TV
6. Resolution No. 15,081, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY APPROVING TRANSFER OF THE CITY'S CABLE
TELEVISION FRANCHISE FROM COX CABLE SAN DIEGO, INC. TO NEW COX
CABLE SAN DIEGO, INC." Adopted. See above.
SCHOOL — COMMUNITY PROMOTION
7. Resolution No. 15,082, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY APPROVING THE SWEETWATER HIGH SCHOOL'S
FIREWORKS DISPLAY PERMIT ON OCTOBER 3, 1986." Adopted. See above.
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CONTRACT — CITY FACILITY/CIVIC CENTER
1. Resolution No. 15,076, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF
FUNDS FOR THE RE —AWARDED CONTRACT FOR THE AIR CONDITIONING
AND ROOF IMPROVEMENTS AT THE CIVIC CENTER." (The City Engineer
recommended four alternatives: 1. Award contract to Bryant Roofing in the
amount of $355,000; 2. Award contract to University Mechanical in the amount
of $415,000 [Bryant Roofing would still be the roofing sub —contractor ];
3. Delay and re —bid the project with bid opening to be held October 13, 1986
and award to be made on October 21, 1986; 4. Delay the project on the
assumption that SBA will have bonding funds available on October 1, 1986 and
that the project could begin in mid October.) Mayor Morgan asked the Finance
Director to give him a report on how much money the City has spent on
inspections, over and above the employees, salaries, during the period
July 1, 1985 to the present. Moved by Van Deventer, seconded by Cooper, in
favor of item 4 and not appropriate the $46,000 at this time, and staff be
authorized to rebid the contract in case we dontt get the bonding. Carried by
unanimous vote.
NOTICE OF COMPLETION — STREET
2. Resolution No. 15,077, "A Resolution accepting work and authorizing filing of
Notice of Completion for Streets Chip Sealing and Repairing Project
(Engineering Specification No. 987)." Moved by Cooper, seconded by Waters,
Resolution No. 15,077 be adopted and the repairs be done. Carried by
unanimous vote.
CONTRACT — FLOOD CONTROL
3. Resolution No. 15,078, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1 SUBSTITUTING
R.C.P. FOR C.M.P. (FROM "B" AVENUE AND 22ND STREET TO 24TH
STREET AND NATIONAL CITY BOULEVARD) ENGINEERING SPECIFICATION
NO. 994." Moved by Cooper, seconded by Van Deventer, Resolution No. 15,078
be adopted. Carried by unanimous vote.
CONTRACT — STREET — CITY FACILITY/GYMNASIUM
4. Resolution No. 15,079, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1 TO WIDEN LAS
PALM AS PARK ACCESS ROAD (22ND STREET) TO FULL WIDTH STREET
(ENGINEERING SPECIFICATION NO. 989)." Moved by VanDeventer, seconded by
Waters, Resolution No. 15,079 be adopted. Carried by unanimous vote.
STREET NAME
8. Resolution No. 15,083, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY NAMING AND DEDICATING CITY OWNED PROPERTY,
GROVE STREET, 14TH TO 16TH STREETS." Moved by Dalla, seconded by
Cooper, Resolution No. 15,083 be adopted. Carried, by the following vote, to —
wit: Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining:
Van Deventer.
CONTRACT — CITY FACILITY/CIVIC CENTER
9. Resolution No. 15,084, "A Resolution of the City Council of the City of
National City rescinding Resolution no. 15,030 and awarding the HVAC roofing
contract to Bryant Roofing, Inc." Ordered filed by unanimous vote.
ADOPTION OF RESOLUTION (Not a part of the Consent Resolutions)
COMMUNITY PROMOTION
Resolution No. 15,085, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING THE NATIONAL CITY CENTENNIAL COMMITTEE
FIREWORKS DISPLAY PERMIT ON SEPTEMBER 18, 1986." City Attorney Eiser read
the Resolution in full. Moved by VanDeventer, seconded by Waters, Resolution No.
15,085 be adopted. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION
Moved by VanDeventer, seconded by Waters, the Ordinances be presented by title
only. Carried by unanimous vote.
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MUNI CODE — PROPERTY ABATEMENT/APPEAL
10. "An Ordinance of the City of National City amending Ordinance No. 1812 and
Subsection B of Section 7.12.090 of the National City Municipal Code."
MUNI CODE — ANIMAL CONTROL
11. "An Ordinance of the City of National City adding Chapter 8.36 to Title 8 of
the National City Municipal Code relating to the Transportation of Animals in
Motor Vehicles and the Leaving of Animals in Unattended Vehicles."
NEW BUSINESS
FINANCE MGMT
12. SUBJECT: WARRANT REGISTER NO. 9, Ratification of Demands in the
amount of $151,388.58 (Warrants Nos. 93386 through 93459), and Certification of
Payroll in the amount of $320,229.00, and
13. WARRANT REGISTER NO. 10, Ratification of Demands in the amount of
$362,897.09 (Warrants Nos. 93461 through 93528).
RECOMMENDATION: Staff recommends the demands be ratified.
ACTION: Moved by Waters, seconded by VanDeventer, the bills be paid
and warrants drawn. Demands ratified by the following vote, to —wit:
Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Payroll
ratified by the following vote, to —wit: Ayes: Cooper, Dalla,
Van Deventer, Waters, Morgan. Nays: None.
CLAIMS/LITIGATION
14. SUBJECT: Claim for Damages: Carolyn Cook and her children, Tiffany Spears,
age 11, and Kevin Spears, age 3, and
15. Claim for Damages: Leonard Tidwell.
RECOMMENDATION: Deny and refer to the City Attorney.
ACTION: Moved by VanDeventer, seconded by Cooper, the claims
be denied and referred to the City Attorney. Carried by
unanimous vote.
LIQUOR LICENSE APPLICATION
ALCOHOLIC BEVERAGE LICENSE
16. SUBJECT: Person Transfer of Type 21 off —sale general license authorizing the
sale of beer, wine and distilled spirits for consumption off the premises where
sold; Applicant: Imad J. Butrus, 916 East 8th Street, Suite 9, Building A, dba
Wilson's Market & Liquor.
RECOMMENDATION: Police, Planning and Building Departments state no
grounds for objection.
ACTION: Moved by Cooper, seconded by Dalla, in favor of this
request. Carried, by the following vote, to —wit: Ayes: Cooper,
Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan.
WRITTEN COMMUNICATIONS
TOWING
17. SUBJECT: Letter from Tom Moynahan of Tom Moynahan Towing regarding
abandoned motor vehicles in the City of National City (There are problems with
disposing of abandoned cars, and Moynahan Towing is requesting that the City
issue a temporary moratorium on picking up abandoned vehicles until such time
that: A. There is a Class 3 dumpsite available to dispose of shredder waste;
B. The tow contractor be subsidized for the towing, storage and removal of
abandoned vehicles as they can no longer afford to absorb the costs on behalf
of the citizens of National City.)
RECOMMENDATION: None.
ACTION: Moved byVanDeventer, seconded by Dalla, this be
referred to the City Manager, and take into consideration Items A
and B. There was no vote on this motion.
TESTIMONY: TIM MOYNAHAN, 2510 "L" Ave. (He has no more
room and there are no longer any places to take the vehicles; he
knows of no land available that could be rented to store the
vehicles; he is requesting a moratorium on abandoned vehicles and
abatements; the City can put pressure on the State; he cannot do
that; he had to remove the gas tanks, exhaust systems, radiators
and batteries from cars before he could sell them, and he was only
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getting about $5 per car; the City has not been paying him; he has
been asborbing the costs.)
Councilman Waters said some of the pictures in the agenda package
look familiar.
ACTION: Moved by Waters, seconded by VanDeventer, in favor of
a 90—day moratorium or sooner if the City can come up with a
solution.
Vice Mayor Cooper said the State has said the gas tanks etc. have
to be removed but they did not provide a place to get rid of them.
Mayor Morgan appointed Mr. Cooper to contact the State
Legislators. City Manager McCabe said there is a regional meeting
on this issue this week; he will get back to Council within 30 days
and advise where we stand. Councilman Dalla said we should
invite our Assemblyman and State Senator to come here, and
involve them in this issue. Vice Mayor Cooper said he would have
Mr. Dalla assist him in this; he's not busy. Motion carried by
unanimous vote.
TEMPORARY USE PERMIT — CITY FACILITY/KIMBALL COMMUNITY
BLDG
18. SUBJECT: Request from the National City Rotary Club to serve alcoholic
beverages in the Kimball Community Building.
RECOM MENDATION: Staff recommends approval subject to the
following: 1. Applicant shall obtain a use permit from ABC, a copy to
be filed with Public Works prior to the event; 2. A Certificate of
Insurance [personal liability and property damage in the amounts of
$100,000 for a single occurrence and $300,000 for multiple occurrences ]
naming the City as co—insured shall be submitted; 3. Security
arrangements shall be approved by the Chief of Police.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of
this request. Carried, by the following vote, to —wit: Ayes:
Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining:
Morgan.
HARBOR — AREA DEVELOPMENT
19. SUBJECT: Request for Donation from Mr. Larry Peeples, president of the
Second Harbor Entrance Corporation.
RECOMMENDATION: None.
ACTION: Moved by Morgan, seconded by VanDeventer, we put this
on the agenda for budget session. Carried by unanimous vote.
OTHER BUSINESS
FINANCE MGMT
20. SUBJECT: Finance Director's Cash and Investment Reports as of June 30, 1986,
21. Finance Director's Cash and Investment Reports as of July 31, 1986, and
22. Finance Director's Cash and Investment Reports as of August 31, 1986.
RECOMMENDATION: Staff recommends the reports be accepted and
filed.
ACTION: Moved by Cooper, seconded by Van Deventer, these
reports be accepted and filed. Carried by unanimous vote.
PARK/KIMBALL — CARNIVAL — PARKING/TRAFFIC — POLICE
PROTECTION
23. SUBJECT: Report on Discussions with Affected Residents concerning Kimball
Park Activities.
RECOMMENDATION: Staff recommends the report be received.
TESTIMONY: JOHN CAGNEY, 1415 "D" Ave. (He is not
representing Morgan Towers, but is speaking as an individual; he
asked neighboring residents what they thought about the carnival in
Kimball Park, and many of them were irate and upset; they want
the carnival, but they don't believe the park is adequate anymore.
Mayor Morgan said he would contact the people who signed the
petition. Mr. Cagney continued, these people feel the carnival is
good for National City, but are asking the City to look for a more
adequate location.)
BOB WENGERT, Kimball Willows (He supports everything Mr.
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Cagney has said; there are problems with burglaries, litter and
graffiti, and em ergency vehicles cannot get through.)
ACTION: Moved by Morgan, seconded by Van Deventer, this
communication be filed at this time. Mayor Morgan asked Vice
Mayor Cooper and Councilman Waters to meet with these people
and see if we can solve some of the problems. Councilman Waters
said the Lions Club should be included in this. Motion carried by
unanimous vote.
PARKING/TRAFFIC — CONFLICT OF INTEREST
24. SUBJECT: Report on West Side Diagonal Parking.
RECOMMENDATION: Staff recommends implementation of diagonal
parking on Hoover, Roosevelt, Coolidge, and Harding Avenues, and
adoption of the following schedule for implementation: Hoover (east side)
— week of October 20, 1986; Roosevelt Ave. (east side) — week of
November 3, 1986; Coolidge Ave. (west side) — week of
November 17, 1986; Harding Ave. (west side) — week of
December 1, 1986.
CONFLICT OF INTERERST: Mayor Morgan said he owns the
Standard Station at 8th & Roosevelt and inquired if he should
abstain. City Attorney Eiser said he does not recall the Mayor's
action the last time this came up; it might be better for him to
abstain.
ACTION: Moved by Van Deventer, seconded by Cooper, in favor of
staffs recommendation. Public Works Director Williams said letters
of notification will be hand delivered to the residents. Carried, by
the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer,
Waters. Nays: None. Abstaining: Morgan.
ASSESSMENT DISTRICT/ALLEY 35
25. SUBJECT: Petition from Property Owners for Improvements — Alley No. 35
(grading, pave with P.C.C., correct drainage and related work; it is the property
owners' understanding that this alley is in the 50/50 program.)
RECOMMENDATION: Refer to staff.
ACTION: Moved by Dalla, seconded by Waters, this be referred to staff
for a report and recommendation. Carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining:
Van Deventer.
PARKING/TRAFFIC
26. SUBJECT: Report on Request to Rechange Traffic Striping on "D" Avenue
Between 30th Street and 31st Street (Item No. 86-83 of the Traffic Safety
Com mittee Minutes of August 13, 1986 Meeting.)
RECOMMENDATION: Staff recommends that the red zone on the east
side of "D" Ave. be replaced with "No Parking" signs, Saturdays and
Sundays, 7:00 a.m. to 5:00 p.m.
ACTION: Moved by Cooper, seconded by Morgan, we remove the
red —curbing and re —stripe the street the way it used to be.
TESTIMONY: JOHN TENWOLDE, 2424 "N" Ave. (There were no
problems the way it used to be; now there are three lanes going
north and one going south; his tenants cannot get out of the
parking lot; he is in favor of the motion.)
ACTION: Motion carried by the following vote, to —wit: Ayes:
Cooper, Van Deventer, Waters, Morgan. Nays: Dalla.
CITY MANAGER — No report.
CITY ATTORNEY
CLAIMS/LITIGATION
28. SUBJECT: Preliminary report on claim of Enrique Robledo.
City Attorney Eiser he has the preliminary report; he received a report
from the City Engineer indicating that this property was at one point
State right—of—way for freeway 805 and it was relinquished to the City; it
was later abandoned by the City, resulting in the City owning the
property in fee; it was then deeded to Mr. Robledo as excess property; he
has asked for some further details from the City Engineer, and he
expects to get a final report in the next few days.
Mayor Morgan said it is time for the staff to settle this problem without
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a lawsuit; our staff should work it out and see what we can buy the
property for, get the property in the City's name and deed it to this
man. City Attorney Eiser said Mr. Robledo has retained an attorney, and
he is hoping this can be worked out.
EXEC SESSION — LITIGATION
City Attorney Eiser requested an Executive Session to discuss pending litigation, the
City of National City vs Carver Corp. on completion of the agenda.
OTHER STAFF
ELECTION NOVEMBER 4, 1986
The City Clerk reported that the Registrar of Voters will have the South County
Court House as a counting site on November 4; they have offered us the use of a
computer monitor in the Civic Center; the cost would be ;900+. Moved by Waters,
seconded by Morgan, in favor of the computer monitor. Motion failed by the
following vote, to —wit: Ayes: Waters, Morgan. Nays: Cooper, Dalla, VanDeventer.
ELECTION ADMIN — CAMPAIGN DISCLOSURE
The City Clerk announced that the FPPC will hold a seminar on Campaign Disclosure
Provisions at the County Bldg. on September 18 from 10:00 until noon; there is no
fee.
SCHOOL
The City Clerk said we adopted a Resolution urging the League of California Cities
to support legislation to establish equitable methods of school financing, and the
League has sent two bills; the Clerk gave the bills to Vice Mayor Cooper.
MAYOR
TELEPHONE
Mayor Morgan said he asked the Finance Director for a list of paid phone calls from
the City after 5:00 p.m., and he got a large list; from that information, it cannot be
determined when the calls were made or who made them; he has had reports that
people are making calls after 5:00 p.m. and he would like to know who is making the
calls. Finance Director Caloza he believes there was a misunderstanding in the way
the request was made; he understood that the Mayor wanted to see copies of the
bills. Mayor Morgan said he would contact Mr. Caloza and let him know what he
wants.
POLICE PROTECTION
Mayor Morgan said David Wignall came before Council and said there was a problem
with narcotics in his neighborhood; he asked the City Manager to check with the
Police Chief and be sure it was handled in a proper way; Mr. Wignall was beaten up
by three people last night in that area; the Police were called at 9:10, and it was
11:00 before the police responded; he would like the Police Chief to check this out.
CITY OWNED PROPERTY
Mayor Morgan said he and the City Attorney were in contact with the people who
purchased the property at 29th & "A" from the City; they want to move in but there
is some question as to whether these people own the property. City Attorney Eiser
said he first learned of the situation late last week and he asked for a report from
the Engineering Dept.; he has talked to the City Engineer, but does not have a report
as yet; we will try and resolve this as soon as possible.
CITY COUNCIL
29. SUBJECT: Letter regarding Redistribution of Navy Ships.
RECOMMENDATION: Councilman Van Deventer recommended that Council
write our Congressmen and Senators and protest this.
ACTION: Mayor Morgan said he would be happy to write such a
letter.
ELECTION NOVEMBER 4, 1986
Vice Mayor Cooper said earlier in the meeting Mr. Bodge spoke about campaign signs
on public property. Moved by Cooper, seconded by Waters, the City Manager notify
all candidates to remove campaign signs from public property and give them three
days to do so; if not removed in that time, Public Works shall remove them and bill
the candidate for the work. Carried by unanimous vote.
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EXEC SESSION — LITIGATION
Mayor Morgan called an Executive Session at 5:50 p.m. City Attorney Eiser
announced the closed session would be to discuss pending litigation, City of National
City vs Carver Corp. under Government Code Section 54956.9(a). Moved by Cooper,
seconded by VanDeventer, in favor of the Executive Session. Carried by unanimous
vote.
Council reconvened at 6:02 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent:
None.
PERSONNEL LABOR REL
27. SUBJECT: Hearing — Report on Impasse Meeting with Representatives of the
Municipal Employees Association (NCMEA) and the City regarding a
Memorandum of Understanding.
RECOMMENDATION: Staff recommends that Council conduct the hearing
and make a determination.
TESTIMONY: Gilbert Sarmiento, 1915 "I" Ave. (He supports the
Association's position on this contract; the MEA negotiating team
was well—rounded and represented all members; the "stumbling
block" issues are important to the MEA; we went out of our way
to achieve Good Faith Bargaining; we should take care of the
people who take care of the City.)
Patricia Monday, Pres., NCMEA (The City and the MEA exchanged
their first written proposals on April 29; the City's chief negotiator
stated in his letter to the employees, "We 1 the City ] have
repeatedly done everything possible to conclude these negotiations
in June so that retroactivity would not be an issue", but the City
did not give their second written proposal until July 7, seven days
after the MOU expired; it is the position of the MEA negotiating
team, the Board of Directors and the membership that if the City
would bring in a State mediator, a new MOU most likely would be
reached.)
Tom Doyle, Attorney for NCMEA (If the City would like a contract
as much as the MEA would, Council should consider bringing in a
mediator; the areas of disagreement are mostly language and not
economic issues; a mediator would not take any power away from
the City Council.)
Richard Schulman, Asst. to the City Manager/Personnel (He sent a
letter to the MEA on February 4 suggesting that we get an early
start on negotiations and was told the MEA would come to the
bargaining table as soon as they have their team together; the City
dropped all of their original proposals in June, and he urged the
MEA negotiators to concentrate on salaries and benefits; he sees no
reason why we cannot cut down on the areas of disagreement;
there has not been enough willingness to discuss and understand the
other person's point of view; the important thing is to get back to
the table and negotiate in good faith.
Mayor Morgan said we have been talking since April and have not
gotten it solved; he sees nothing wrong with a mediator.
Richard Schulman (There has been an unwillingness to compromise
on the part of the MEA because they felt that Council would bail
them out this evening.)
Vice Mayor Cooper said the negotiators on the City's side followed
the direction of the City Council; if we've come to an impasse,
and if we're going to stand behind our negotiators who have done
what we asked them to do, the Council should make a decision.
ACTION: Moved by Morgan, seconded by Waters, we authorize a
mediator to come in and see if they can solve this problem.
Councilman Waters asked how many of the employees present would
like to bring in a mediator. Mr. Waters said when other employees
get an 8.9% increase, all employees should get the sam e; he would
go along without the mediator, provided they get an 8.9% increase.
Motion failed by the following vote, to —wit: Ayes: Waters,
Morgan. Nays: Cooper, Dalla, VanDeventer. Moved by Cooper,
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seconded by Dalla, we unilaterally implement the last best offer
made by the City. Mr. Doyle said Council does not have the
power to unilaterally adopt the City's last offer, which was a two—
year contract; by State law, Council can only impose a one—year
contract. City Attorney Eiser said he was uncertain of that point
of law, but the law provides that as long as the unilateral
implementation is substantially what the last best offer is, it will
be upheld as valid, even if it were not to be upheld for the two—
year period. Councilman Dalla suggested the last best offer be
implemented for one year.
TESTIMONY: Robert Quinn, 114 Thalia Ave., San Diego (The City
did not offer a 5.9% increase, but a 5%; we have already lost 3
months, and the City is giving the employees a 3% pay raise.)
Tom Doyle (The City has not even listened to the employees'
position on the whole proposal; Council has an obligation under the
law to let the City present their position, the employees counter
with their position, and decide each and every item; the sum mary
attached to the agenda is inaccurate and is not a fair
representation; Council is shirking their duty by trying to do one
quick motion to put the employees out of their misery; the
employees are voters, and we will make it a campaign issue.
Councilman VanDeventer said he had no problem listening to the
employees; he is going by the information supplied to Council.
Mayor Morgan said it takes every employee to run the City and
one is just as important as the other one; the Police get 8.5% this
year and 7.7% next year, and the inflation this year is Tess than
4%; he has nothing against the Police Dept., but he sees nothing
wrong with trying to work it out to where all employees are equal.
David Carroll Pease, Jr., 1744 Yale, Chula Vista (He does not see
what the problem would be in bringing in a mediator to help us get
together; he doesn't understand the urgency since it has already
been delayed so long; it is hard on the employees too; we want it
settled, but not without trying to come to a center agreement
where all parties feel good; he only has half of the information,
the same as Council does; it would be nice if we could bring in
someone who has nothing to lose to come in here and help us.
Councilman VanDeventer said he would like to hear from the other
side before he makes a decision.
Tom Doyle said he has chosen not to address the Council; it's a
foregone conclusion what the vote will be; it would be a waste of
time; Council has already decided how they will vote.
ACTION: Motion carried by the following vote, to —wit: Ayes:
Cooper, Dalla, Van Deventer. Nays: Waters, Morgan.
ADJOURNMENT
Moved by Waters, seconded by VanDeventer, the meeting be
adjourned to 7:00 p.m., September 23, 1986. Carried by unanimous
vote. The meeting closed at 6:33 p.m.
9
CITY CLE6yK
The foregoing minutes were approved at the regular meeting of October 7, 1986.
Corrections No co j ctions
CITY OF NATIONAL CITY, CALIFORNIA