HomeMy WebLinkAbout1986 10-21 CC MINBook 67/Page 179
10/21/86
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
OCTOBER 21, 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: 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 the Rev. Juan Acosta, St. Matthew's Episcopal Church.
APPROVAL OF MINUTES
Moved by Waters, seconded by Van Deventer, the minutes of the regular meetings of
September 23, 1986 and October 7, 1986 be approved. September 23, 1986 minutes
approved by unanimous vote. October 7, 1986 minutes approved by the following
vote, to —wit: Ayes: Dalla, Van Deventer, Waters, Morgan. Nays: None.
Abstaining: Cooper.
PROCLAMATIONS
Moved by VanDeventer, seconded by Cooper, the Proclamations be presented by
title only. Carried by unanimous vote.
The Proclamation declaring the month of October 1986 to be "ESCROW MONTH
1986" was presented. Moved by Van Deventer, seconded by Cooper, in favor of this
Proclamation. Carried by unanimous vote. Mayor Morgan presented the
Proclamation to Ms. Romero.
The Proclamation declaring the 24th day of October 1986 to be "UNITED NATIONS
DAY". Moved by Van Deventer, seconded by Cooper, in favor of this Proclamation.
Carried by unanimous vote. Mayor Morgan presented the Proclamation to Charles
Jones.
PUBLIC ORAL COMMUNICATIONS
COMMUNITY PROMOTION
GEORGE WEBSTER, National City Chamber of Commerce, was present and gave a
brief outline of Centennial activities, and displayed the Centennial Plate, saying the
lead agency in offering these plates will be National School Foundation. Mayor
Morgan said he hopes the City Council and the people of National City will really
back the Centennial celebration.
PUBLIC ASSISTANCE
ANGELA GARCIA, 1843 "J" Ave., was present and introduced Alejandra Munoz, the
surrogate mother who has been in the news recently because she wants to keep the
baby; this case will probably go to the Supreme Court, and may decide future laws
for surrogate mothers; Ms. Munoz was brought to this country illegally, but has
permission to be in the United States for 6-12 months, or until the trial; she needs
a family to sponsor her; she cannot receive any money, but will offer her services
to help around the house if she is sponsored.
ADOPTION OF RESOLUTIONS
CONSENT RESOLUTIONS (Resolution Nos. 15,106 through 15,109)
Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title
only. Carried by unanimous vote. Mayor Morgan requested No. 2 be considered
separately. Moved by Van Deventer, seconded by Dalla, the Consent Resolutions
(except No. 2) be adopted. Carried by unanimous vote.
ANIMAL CONTROL
1. Resolution No. 15,106, "A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF
CHULA VISTA PROVIDING FOR THE USE OF CHULA VISTAS POUND
FACILITIES AND SERVICES." Adopted. See above.
GENERAL PLAN — ZONING
3. Resolution No. 15,108, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT PREPARED FOR GENERAL PLAN AMENDMENT GP-7-85
Book 67/Page 180
10/21/86
AND ZONE CHANGE ZC-5-85 REQUESTED BY ROBERT CHILDERS CO., INC.
(CASE FILE NO. IS-85-41)." Adopted. See above.
GENERAL PLAN — ZONING
4. Resolution No. 15,109, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE GENERAL PLAN
(GP-3-86 AND ZC-4-86)." Adopted. See above.
CITY FACILITY/CIVIC CENTER
2. Resolution No. 15,107, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY RESCINDING RESOLUTION NO. 15,030 AND AWARDING
THE HVAC ROOFING CONTRACT TO STRANG MECHANICAL, INC." Moved
by Cooper, seconded by VanDeventer, Resolution No. 15,107 be adopted.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer,
Waters. Nays: Morgan.
ORDINANCE FOR INTRODUCTION
Moved by VanDeventer, seconded by Dalla, the Ordinance be presented by title only.
Carried by unanimous vote.
ZONING
5. "An Ordinance rezoning certain parcels of real property pursuant to the Land
Use Code of the City of National City (GP-3-86/ZC-4-86)."
NEW BUSINESS
FINANCE MGMT
6. SUBJECT: WARRANT REGISTER NO. 15, Ratification of Demands in the
amount of $496,869.77 (Warrants Nos. 93856 through 93974), and Certification of
Payroll in the amount of $314,411.14.
RECOMMENDATION: Staff recommends the warrants 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,
VanDeventer, Waters, Morgan. Nays: None.
CLAIMS/LITIGATION
7. SUBJECT: Claim for Damages of City of San Diego, c/o Cristie C. McGuire,
Deputy City Attorney, and
8. Application for Leave to File Late Claim and Claim for Personal Injury of
Richard K. Goodman.
RECOM MENDATION: Staff recom mends the claims be denied and
referred 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.
WRITTEN COMMUNICATIONS
CITY OWNED PROPERTY — BOYS CLUB
9. SUBJECT: Letter to Mayor Morgan from Mr. Tony Yepiz, President, Boys' Club
of National City, requesting that the Council grant a 99—year lease on their
existing property.
RECOM MENDATION: City Attorney Eiser said if the lease term exceeds
55 years, the Government Code provides that certain prerequesites be
met.
ACTION: Moved by Cooper, seconded by VanDeventer, in favor of a 55—
year lease.
Greg Beatty, National City Boys' Club (The Boys' Club and Girls' Club are
planning on combining forces, effective January 1; Council will also
receive a similar request from the Girls' Club; a 55—year extension is
acceptable to him.)
ACTION: Motion carried by unanimous vote.
TEMPORARY USE PERMIT
10. SUBJECT: Temporary Use Permit — Jerauld's Automotive, Inc. for the use of
trailers as customer waiting area, office for muffler shop and storage for parts
and equipment.
RECOMMENDATION: Staff recommends approval subject to the following
conditions: Each trailer shall be provided with a 2A:10BC fire
extinguisher; approved plans are completed; proper permits are obtained
from Bldg./Safety Dept. to place mobile office; office trailer shall have
State approval certification; mobile office shall be anchored per Code;
this shall be limited to one year and/or until building is completed.
Book 67/Page 181
10/21/86
ACTION: Moved by VanDeventer, seconded by Cooper, this be approved
for six months. Carried by unanimous vote.
OTHER BUSINESS
11. SUBJECT: Request for approval of plans submitted by the South County
Regional Medical Center Association to locate directional, identification signs
within the public right—of—way (Case File No. AP-1-86)."
RECOM MENDATION: The Planning Commission recommends approval,
subject to 16 conditions, as well as adoption of guidelines for approval of
similar requests. Staff concurs with the Planning Commission's
recom mendation.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of staff s
recommendation. Moved by Cooper, seconded by VanDeventer, the motion
be amended to include the applicant shall maintain the signs, and replace
them as needed. Carried by unanimous vote.
BUDGET FY86-87/POLICE DEPT
12. SUBJECT: Transfer of Funds within Police Budget.
RECOMMENDATION: Staff recommends approval.
ACTION: Moved by VanDeventer, seconded by Cooper, in favor of this
request. Carried, by the following vote, to —wit: Ayes: Cooper,
VanDeventer, Waters, Morgan. Nays: Dalla.
CITY MANAGER — No report.
CITY ATTORNEY
EXECUTIVE SESSION
City Attorney said he would request a closed session on completion of the agenda to
discuss pending litigation.
OTHER STAFF — No reports.
MAYOR
HIGHWAY/FREEWAY
Mayor Morgan said he is in favor of bringing suit against the City of San Diego and
CalTrans for not bringing in Rte. 252; he is not representing National City to give
things away, and he will never sign with CalTrans or the City of San Diego to take
that land; they got ;13 million and kicked people out of there, and now they're going
to sell it to the City of San Diego; it is not right to take land from people to build
a freeway, and not build the freeway.
ACTION: Moved by Morgan, seconded by Cooper, we bring suit against the City
of San Diego and CalTrans.
TESTIMONY: Warren Nielson (He attended a meeting on Monday at the
Highway Development Committee; they have been supportive of Rte. 252, and
he asked them to appear at the City Council meeting next Monday, at
7:00 p.m., that will be held in southeast San Diego at the EC C campus; he
would encourage Council to attend the meeting and make a statement that it
would be a mistake not to build a connector; the people who are opposed to the
re —naming of Market St. have filed action to put this matter on the ballot; the
connector could be named after Dr. Martin Luther King.
ACTION: Motion carried, by the following vote, to —wit: Ayes: Cooper,
VanDeventer, Waters, Morgan. Nays: Dalla. Moved by Morgan, seconded by
Waters, we authorize the City Attorney and Councilman Dalla to attend the
meeting in San Diego. Councilman Dalla said San Diego utilizes political
leaders, Assemblymen and Council members; he thinks a member of the Council
other than himself should go. Moved by Waters, seconded by Morgan, the
motion be amended to send the Vice Mayor to the meeting. Vice Mayor Cooper
said he would not attend the meeting. Mayor Morgan said he would attend.
Motion carried by unanimous vote.
Mayor Morgan said it has come to his attention that the POA might be getting
involved in politics with the Police Bond issue, and asked the City Manager to check
into this.
WASTEWATER MANAGEMENT
Mayor Morgan spoke of a problem with the sewer off of La Siesta Way; the sewer
line runs from La Siesta Way to Granger; the sewer line for 1921 La Siesta Way runs
down the alley and over towards Granger; some trees were removed and now the
neighbors are smelling the sewer water; this line does not drain down to Granger; this
lady has cancer and she doesn't have the money to hook up to the sewer line on La
Siesta Way; possibly we can hook this up for her. Public Works Director Williams
said this is on private property; the neighbor to the north removed the trees; the
Book 67/Page 182
10/21/86
easement is a private easement. Mayor Morgan asked Mr. Williams to check into
this.
PERSONNEL LABOR REL
Mayor Morgan asked the Clerk to read into the record a letter from the Police
Officers' Assoc., regarding salary negotiations, with the NCMEA. See Exhibit "A"
attached.
PARK/LAS PALMAS/GYMNASIUM
Mayor Morgan asked the Clerk to read into the record his memo to Council
requesting that the Las Palmas Park Gymnasium be named for retired Councilman,
Louie Camacho. See Exhibit "B" attached.
ACTION: Moved by Morgan, seconded by Van Deventer, in favor of the Mayor's
recommendation. Carried by unanimous vote.
13. SUBJECT: Letter to Mayor Morgan from Supervisor Brian P. Bilbray, Vice —
Chairman, Sail America Foundation, requesting support for Dennis Conner's
America's Cup Challenge. No action taken. City Manager to check into this
and advise Council next week what he feels is the maximum we can spare.
CITY COUNCIL
BUSINESS LICENSE
Councilman Van Deventer asked the Clerk to read into the record a letter from El
Toyon School relating to the problem of ice cream trucks, and a petition for removal
of ice cream vendors from vicinity of El Toyon Elementary School. See Exhibits "C"
and "D" attached. Mr. Van Deventer said there was an ice cream truck at the school,
and he could not find a permit on it; there were two ice cream trucks there; we are
all concerned for the welfare of our children; the truck was parked there for 24
minutes; these are public streets, and it is our obligation to do something about it.
ACTION: Moved by Van Deventer, seconded by Waters, we refer this to the
City Manager and the Police Dept. to solve this problem. Mayor Morgan asked
Capt. Milke to advise the Police Chief that there are other areas in the City
affected by this problem as well. Motion carried by unanimous vote.
EXECUTIVE SESSION
Mayor Morgan called an Executive Session at 5:05 p.m. City Attorney Eiser said the
Executive Session would be to discuss the matter of GMU vs the City of National
City, covered under Govt. Code Section 54956.9(a). Moved by Cooper, seconded by
Van Deventer, in favor of the Executive Session. Carried by unanimous vote.
Council reconvened at 5:23 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters. Absent: Morgan.
ADJOURNMENT
Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 7:00 p.m.,
October 28, 1986. Carried by the following vote, to —wit: Ayes: Cooper, Dalla,
Van Deventer, Waters. Nays: None. Absent: Morgan. The meeting closed at
5:24 p.m.
CITY CLERK
The foregoing minutes were approved at the regular meeting of October 28, 1986.
Corrections No _ rrections
YOR
CITY OF NATIONAL CITY, CALIFORNIA
EXHIBIT "A"
Book 67/Page 183
National City Police Officers Association
POST OFFICE BOX 63 • NATIONAL CITY, CALIFORNIA 92050
To: City Council Oct. 14, 1986
City of National City
Fm: E. C. Ciolli, President,
National City Police Officer's Association
Re: Wage and Salary Negotiations - National City Employee's
Association
Sirs,
It is with some reluctance that we of the N.C.P.O.A. offer any
input into a dispute between the City and another employee
organization. However, the adverse affect being created by the
current turmoil is being felt throughout the City and is seen
affecting employee morale throughout. It appears as though
this is a situation which can only worsen should time be
allowed to pass without some mutually acceptable solution
materializing.
I do not know, nor do I think it is important at this time to
discuss the variety of issues preventing an agreement between
the City and the N.C.M.E.A., however, I have received
information that indicates retroactive application of the
City's final offer could very well lead to, if not a signed
Memorandum of Understanding between the City and the
N.C.M.E.A., at least a period of time to pass by in which
tempers could cool down and emotions become dispelled. Next
year's sessions could hopefully begin with a fresh new approach
- on both sides.
We recognize the fact that one tactic utilized by the City to
encourage an agreement between the City and an employee group
is the issue of retroactivity. Its potential value as a
catalyst in achieving an agreement is recognized. However, it
is felt that a strategic tactic utilized during a negotiation
process should not be confused with policy.
In analyzing the situation it appears that allowing the
employees the benefit of receiving retroactivity on the city's
last offer the following benefits could be realized.
Book 67/Page 184
- Diffusing some emotionalism which has risen amongst some
of the rank and file.
- Removing this disagreement from many of the issues which
will undoubtedly be utilized as campaign fodder in the
upcoming election
- Showcase a display of good faith by the City. ( Don't
misinterpret this as an accusation that the City utilized
or displayed bad faith in the negotiation process.)
- The City would be assisting in the settling of this
rather important issue without allocating funds which have
not previously been budgeted.
In closing, we feel that with very little effort and concession
on the part of the City, a wealth of benefits could be
derived. The N.C.P.O.A., in a feeling of subjectiveness,
strongly encourages the City of National City to implement
retroactivity for the employees represented by the National
City Municipal Employee's Association.
Respectfully submitted
E. C. Ciolli, President
National City Police Officer's
Association
City of National City
Office of the Mayor
1243 National City Blvd., National City, CA 92050-4397 (619) 477-1181 N.
Kile Morgan —Mayor
October 21, 1986
TO: City Council
FROM: Mayor Morgan
RE: Gymnasium, Las Palmas Park
EXHIBIT "B"
Book 67/Page 185
I would like to propose that we name the Las
Palmas Park gymnasium presently under construction after
Louie Camacho, retired councilman, in recognition of his
many years of involvement in youth activities in this
community. He worked long and hard in procuring parks
and top notch recreational facilities for the city's
children because of his love for them and sports, and it
is only fitting and proper that we acknowledge his support
by naming this new gymnasium after him.
I will make a motion to that effect at today's
regular city council meeting.
KILE MORGAN
Mayor
KM/ev
EXHIBIT "C"
Book 67/Page 186
EL TOYON SCHOOL
2000 E. D•V'S ON STREET • NATIONAL CITY• CA 92050 • (619) 267-9090
October 16, 1986
Councilman Jess Van Deventer
City of National City
Personnel Department
1243 National Blvd.
National City, CA 92050
Dear Councilman lman Van Deventer:
This letter is a request that you look into the ice cream truck problem
concerned parents expressed at the El Toyon PTA meeting Wednesday.
The parent's concerns were:
1. The ice cream trucks pose possible traffic hazzard.
2. Children received incorrect or no change.
3. ,o vendors have health permits and licenses?
4. And, ice cream trucks have been reported to sell drugs.
Your interest in parent concerns is reflected in taking time from your
busy schedule to attend the El Toyon PTA meeting.
Thank yi for attending to this concern.
Sincere
r. Arlen\Hurt
Pr i nyoai
-trs. Cruz Lugo J
P`i'a Representative
AH:a1s
cc: Dr. Cary Smith, Supt.
Mayor {ile Morgan
NATIONAL SCHOOL OISTRiCT
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EXHIBIT "D"
Book 67/Page 187
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PETITION FOR REMOVAL OF ICE CREAM VENDORS
FROM VICINITY OF EL TOYON ELEMENTARY SCHOOL
We the P.T.A. and concerned parents of El Toyon Elementary School petition the
National City City Council for assistance in removing the ice cream vendors adjacent
to El Toyon Elementary School.
Our concerns are for the health and welfare of our children as well as allegations
that some of the ice cream vendors are selling drugs.
PETICION PARA QUITAR LOS VENDEDORES DE NIEVE
DE LA VECINDAD DE EL TOYON ELEMENTARY SCHOOL
Nosotros los miembros del P.T.A. y los padres interesados de El Toyon Elementary
solicitan el Concilio de National City que nos asista en guitar los vendedores de
nieve que venden chucherias junto de la Escuela El Toyon.
Nuestro interes en este respectoes por parte de la salud y bienestar de nuestros
hijos y tambien por las alegaciones que varios vendedores venden narcoticos.
PLEASE SIGN BELOW
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