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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 '.N.7-N.-.7 +& NS(RUCT'CN `\ EXHIBIT "D" Book 67/Page 187 0(70; evaibj. too-os. ,,r/Q >,%2X—te4.- G T Juzi(L i7) C-u-Gt- 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 ADDRESS 6-17 c, �- s ' /U�T�d..,, � c /9_6 poiLny //asp 3rdC,iy eTf it/An,i v1-7'4'/ e/ 2(4 P% _ ci , c. a r a 3 F. 7 -. J i b -�:�`- . /4SJ E 7— 0 33 I v, s e-"c) f pia lvtA Luc 1 T C' Ty . r /a s 6. 3 fat tiC