HomeMy WebLinkAbout1985 01-22 CC MINBook 65/Page 110
1/22/85
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
JANUARY 22, 1985
The regular meeting of the City Council of the City of National City was called to
order at 7:00 p.m. by Mayor Morgan.
ROLL CALL
Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent:
None. Administrative officials present: Bolint, Campbell, McCabe, Post, Stafford,
Interim City Attorney Tobin.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe,
followed with invocation by Dr. I. Larry Clark, First Baptist Church of El Cajon.
APPROVAL OF MINUTES
Moved by Cooper, seconded by VanDeventer, the minutes of the regular meetings of
January 8 and January 15, 1985 be approved. Carried by unanimous vote.
APPOINTMENTS
The Mayor's proposed appointment of Cliff Bailey to the Traffic Safety Committee
was presented. Moved by Morgan, this appointment be approved. Motion died for
Zack of second. Mayor Morgan said Mr. Bailey has been in the City for 60 years;
he has served as a fireman and Fire Chief and he should have the opportunity to
serve on the Traffic Safety Committee. Vice Mayor Waters said he would like to
consider committee appointments, including consideration of Mr. Bailey, at the
meeting of February 19 at 4:00 p.m., and the City Clerk be directed to advertise
the following vacancies for that meeting: one on the Traffic Safety Committee;
two on the Planning Commission (as of March 31); one im mediate on the Street
Tree and Parkway Committee, and one coming up in April; one immediate on the
Senior Citizens Advisory Committee. Moved by Van Deventer, seconded by Dalla, in
favor of this recommendation. Mayor Morgan said he has not been able to get in
touch with one of the applicants who lives at 20th & 'E', and he is not one to
appoint someone he has not been able to talk to. Discussion. Motion carried by
unanimous vote.
PUBLIC ORAL COMMUNICATIONS
WALTER POPELAR (Chairman, PRAB), 908 E. 15th St., was present and distributed
copies of a letter from the Park and Recreation Advisory Board to Council. Mr.
Popelar said there is erroneous information being given out stating that the
proposed gym can be located at Sweetwater High School or the Boys' Club; our
programs are different from theirs; the proposal to locate the gym in Las Palmas
Park was presented to the State and was well received; the request for a State
Grant was based on locating the facility at Las Palmas Park, and he asked Council
to support PRAB. Mayor Morgan said he has always tried to do that; we have had
problems in the City and have had to eliminate certain activities because of gang —
related problems; the gangs from San Diego come to National City and cause
conflicts; this is a parks problem; the people of the City should let us know how
they feel about some of these issues and that is why he sends out mailers from
time to time; we had to put up barricades in El Toyon Park and we've had to close
streets; people are coming in from other parts of the State and we have a small
Police Dept. to deal with this. Discussion. Moved by Cooper, seconded by
VanDeventer, the gym be kept in Las Palmas Park. Councilman VanDeventer said
we are not utilizing Las Palmas Park to its full capacity; it is the only place we
have that is adequate for this type of facility; the Police Dept. will patrol
wherever the gym is built. Further discussion. Councilman Dalla said the points
the Mayor is raising are in terms of things that happened in the past; we cannot
punish people for things that happened a long time ago; if the youth had some
place to go, they might not be so inclined to get involved in criminal activities;
Sweetwater High School is not big enough for this facility; the Boys' Club is
located across the street from the Senior Citizens' High Rise and a gym might be
objectionable in that area. Mayor Morgan said if the City added $300,000 to the
gym fund, the Boys' Club would take the responsibility of running the gym; we
should work on that. Further discussion. Vice Mayor Waters said the Mayor has
taken a stand against the gym for about eighteen years; the questions he asked in
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1/22/85
his mailer were loaded (Would you like to have the gym at Sweetwater High School
[no staff required ] ?; Would you like to have the gym at the Boys' Club [ no staff
required ] ?; Would you like to have the gym at Las Palmas Park [staff required ] ?).
Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer,
Waters. Nays: None. Abstaining: Morgan.
ARTHUR FLEMING was present and spoke of action taken by Council on January 8
regarding street improvements at 430 W. 30th St.; Council denied his Covenant
Running With the Land to install sidewalks at a later date. Mr. Fleming inquired
if there could be a reconsideration or a re —hearing of this matter; he was not
notified of the hearing; this is a dead—end cul—de—sac and could be utilized in a
better way; he is willing to landscape it; they have cleaned the trash and bottles
from the area and have put in a temporary fence; the Planning Dept. led him to
believe this would be approved. Discussion. Moved by Cooper, seconded by
VanDeventer, this be reconsidered (February 5, 4:00 p.m.). Carried by the following
vote, to —wit: Ayes: Cooper, VanDeventer, Waters, Morgan. Nays: Dalla.
LARRY DYKES, 2907 Highland Ave., was present re Resolution No. 14,532 and was
advised to speak at the time it was presented.
Vice Mayor Waters reported when he attended the Quarterback Club banquet
honoring the Sweetwater High School Football Team, he was given a plaque for the
City. Mr. Waters presented the plaque to the Mayor, who in turn gave it to the
City Manager for display in the Civic Center.
ADOPTION OF RESOLUTIONS
Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title
only. Carried by unanimous vote.
Resolution No. 14,531, "Resolution establishing a 'Radar Enforcement' sign on South
leg of Stockman Street at Cagle Street." Ordered filed by unanimous vote.
Resolution No. 14,532, "Resolution establishing a red curb zone on the East side of
Highland Avenue from parking lot exit of 2843-2837 Highland Avenue to 51 feet
southerly." Moved by Waters, seconded by VanDeventer, this be referred to the
Traffic Safety Committee. Discussion. LARRY DYKES, 2907 Highland Ave., was
present and said he owns the property South of this; the curb in front of his
business has been painted green for fifteen years and as far as he knows, has never
been a safety hazard; he has been doing business there since 1968 and he has never
seen an accident; his business is located at 2907 and 2915 Highland Ave., but it is
two separate pieces of property; at 2915 he has a parking lot with seven spaces; if
the properties were sold separately, there would be no parking for 2907; the seven
spaces in his parking lot and three in front of the building give him ten parking
spaces, but they have five employees who park there. Discussion. Motion and
second withdrawn. Moved by Waters, seconded by Cooper, the Resolution be denied
and we leave the curb as is. Further discussion. Carried by unanimous vote.
Resolution No. 14,533, "RESOLUTION APPOINTING GEORGE H. EISER III TO THE
OFFICE OF CITY ATTORNEY." Moved by Van Deventer, seconded by Cooper,
Resolution No. 14,533 be adopted. Vice Mayor Waters read Mr. Eiser's resume and
introduced him to everyone. Mayor Morgan said he doesn't have anything against
Mr. Eiser, but he does have something against the direction the City has taken on
getting attorneys. The Mayor asked the City Clerk to read into the record his
memo to Council re the City Attorney Position (See Exhibit 'A'). Councilman Dalla
said this should be a happy time; it's too bad we have to dampen it with this kind
of beginning; the attorneys the Mayor referred to in his memo are insurance
company attorneys and the City is not paying for them; if we continue this
attitude, people will not want to work in National City. Councilman VanDeventer
said we went through hearings to decide who would represent the City of National
City; we go on the premise that the majority rules; he thinks we are in good
hands. Councilman Cooper said this a joyous moment; we have a good man on
board; he is competent and has accepted the challenge. Vice Mayor Waters said
when former City Attorney McLean came to work for the City he did not have
much experience in redevelopment or condemnation, but he learned; Mr. Eiser has
some background in both redevelopment and condemnation; he feels we are in good
hands. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla,
Van Deventer, Waters. Nays: Morgan.
Book 65/Page 112
1/22/85
ORDINANCE FOR ADOPTION
Moved by VanDeventer, seconded by Dalla, the Ordinance be presented by title
only. Carried by unanimous vote.
Ordinance No. 1848 WI-S/83-1), "ORDINANCE PURSUANT TO THE LAND USE
CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (GP-8-84 and ZC-9-84:
Rezone property located at the northeast corner of Sweetwater Road and Euclid
Avenue; Applicant: David Malcolm)." Moved by Van Deventer, seconded by Cooper,
Ordinance No. 1848 (1-/14/85-4) be adopted. Carried by unanimous vote.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO.
29, dated January 15, 1985, in the amount of $202,982.88 (Warrants Nos. 85266
through 86369) was presented. Moved by Waters, seconded by Dalla, the bills be
paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper,
Dalta, Van Deventer, Waters. Nays: Morgan.
Interim City Attorney Tobin's report on PROPOSED INCREASE in RETIREMENT
BENEFITS for PRE-1979 RETIREES (On November 20, Council requested a report
on possible supplemental retirement payments for those City employees who retired
prior to January 1, 1979; see Document No. 71616) was presented. Interim City
Attorney Tobin said the City is a participant in PE RS and we have certain
obligations and certain benefits; possibly it is contrary to the contract we have
with PE RS to increase the benefits in any way other than those contracted options
provided within the system; we may be involved in an expenditure of public funds
for previously performed services which raises the question of whether or not that
might be a gift of public funds; he recommends that a letter be drafted by staff
for the Mayor's signature, urging that the PE RS Board consider revising the policy
so the intent Council expressed can be effected. Moved by Morgan, seconded by
VanDeventer, in favor of Mr. Tobin's recom mendation. Carried by unanimous vote.
The Purchasing Agent's recommendation to AWARD BID G.S. 8485-8, PORTABLE
FENCING FOR EL TOYON PARK (Portable fencing for use at El Toyon Park and
other playing fields was approved for purchase as part of the City's Capital
Improvement Program; the original budget was for 120 panels estimated not to
exceed $9,000; bid requirements were mailed to five vendors with four responses;
Atlas Fence submitted the best bid at $6,150.12; this is $2,749.78 under budget
which would permit the purchase of an additional 55 panels; Parks & Recreation
Director Ruiz has indicated this would be highly desirable and enable him to utilize
these panels in other locations for a variety of special events; the vendor has
fabricated a prototype fence panel for approval prior to bid award; funds have been
budgeted under FY 84-85 Capital Improvement Program; staff recommends the
quantity of fence panels be increased to 175 and Bid G.S. 8485-8 be awarded to
Atlas Fence in the amount of $8,968.92) was presented. Moved by Cooper,
seconded by Waters, in favor of staff's recom mendation. Councilman VanDeventer
asked the City Manager to take this to the Park and Recreation Advisory Board to
look at; the baseball teams that play in Kimball Park would like a portable
backstop; they have gone to a lot of work to design it; it is an excellent design
that could be used. Motion carried by unanimous vote.
The Purchasing Agent's recommendation to AWARD BID G.S. 8485-7 for OFFICE
FURNITURE (Office furniture requirements for eight City departments were
combined into one bid and submitted to eight different vendors using the bid
process; to obtain maximum cost savings for the City, award of the bid will be
made by manufacturer, not per item or lot total; the vendors having the lowest
overall cost for the combined total of all items made by each manufacturer has
been recommended for bid award; award of the bid is recommended to be split
between B. K. Cox, San Diego Office Supply and Southwest Business Interiors; this
method of combining city—wide requirements and determining the lowest cost by
manufacturer has realized sufficient savings to enable us to purchase more of the
required items; funds are available and have been appropriated under FY 84-85
accounts; staff recom mends Bid G.S. 8485-7 be awarded to Cox Interiors for
$607.91, to San Diego Office Supply for $3,590.85 and Southwest Business Interiors
for $8,591.30) was presented. Moved by VanDeventer, seconded by Cooper, in favor
of staff's recommendation. Discussion. Carried by unanimous vote.
Book 65/Page 113
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CITY MANAGER — No report.
CITY ATTORNEY
Interim City Attorney Tobin reported on the inauguration of President Reagan and
the Inaugural Ball.
OTHER STAFF — No reports.
MAYOR
Mayor Morgan spoke of the North and South parking lots in the older portion of
South Bay Plaza. Moved by Morgan, seconded by Waters, staff be authorized to
check these parking lots and see if they meet the standards of the City Ordinance.
Discussion. Carried by unanimous vote.
Mayor Morgan spoke of the matter of a half —page ad in a special business edition
of the Star News and asked the City Manager to check this out.
Mayor Morgan spoke of four employees who had told him of problems in their
department; he wrote to the City Manager about this, he asked the City Manager
to set up a meeting to include the four, the City Manager and the Mayor, but has
not received a reply. City Manager McCabe said he is investigating this, but he
did not know what the Mayor had in mind or what the problem was. Councilman
Dalla inquired if the City Manager could request employees to come to his office
and meet with him; employees have certain rights and protections. Discussion.
Councilman Dalla inquired if the Mayor can tell the City Manager to meet with
employees. Interim City Attorney Tobin said under the City Manager form of
government, the day—to—day administration of the City is the responsibility of the
City Manager and a good City Manager takes suggestions and advice from a variety
of sources; if one City Council member orders a City Manager to do something of
that kind, it is just one Councilman giving him an order and is not binding; if there
is a personnel problem, Council can go into Executive Session; this might come
under the Millias Meyers Act or the Brown Act. Mayor Morgan said it was not an
order; he was asked by four employees if they could discuss the problem with the
Mayor and the City Manager; we should be interested in what the employees are
thinking; it might be better for him to talk to the employees himself; he thought it
would be a courtesy to include the City Manager. Councilman Cooper said he sees
nothing wrong with asking the City Manager to talk to the employees; it is better
than the Mayor going to the department to talk to them himself.
CITY COUNCIL
Councilman VanDeventer reported SANDAG has been asked by the State Dept. of
Transportation to review Rte. 252; the City of San Diego asked to have the right—
of—way transferred to them for sale; he will report when he has additional
information.
ADJOURNMENT
Moved by Van Deventer, seconded by Waters, the meeting be adjourned to 4:00 p.m.,
February 5, 1985. Carried by unanimous vote. The meeting closed at 8:01 p.m.
Q
CITY CLEKK
The foregoing minutes were approved at the regular meeting of February 5, 1985.
Corrections No corre ons
MAYO
CITY OF NATIONAL CITY, CALIFORNIA
City of National City
Office of the Mayor
1243 National City Blvd., National City, CA 92050-4397 (619) 477-1181
Kile Morgan —Mayor
January 22, 1985
MEMO
TO: City Council
FROM: Mayor Morgan
RE: City Attorney Position
Book 65/Page 11V
E.xhbit 'A'
I cannot vote to hire George E. Eisler.. as our
City Attorney. We presently have two insurance lawyers
working on the McMillin property at 30th and National,
we are accepting bids for a condemnation and good will
suit attorney to represent the Community Development
Commission where we formerly had one attorney to everything
for $72,000. When we are through with all of these inter-
views, we will actually have hired four attorneys.
I do not say that we should hire Don McLean
because he is already gone, but I believe we should hire
one attorney to do all the work.
KILE MORGAN
Mayor
KM/ev