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HomeMy WebLinkAbout1985 07-16 CC MINBook 66/Page 11 7/16/ es MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA July 16, 1985 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, VanDeventer, 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 Mc Cabe, followed with invocation by Elder Ron Sousa, Paradise Valley Seventh Day Adventist Church. APPROVAL OF MINUTES Moved by Cooper, seconded by Van Deventer, the minutes of the regular meeting of July 9, 1985 be approved. Mayor Morgan said maybe the minutes should be corrected; he doesn't see how the Finance Dept. can determine what the City Manager's salary will be with the motion that was made last week; a motion was made to increase the City Manager's salary to $55,000; he is presently earning $4,922/month which is $59,064/year. Councilman Waters said they should have used the word "bands"; the band is set up at $4,922; he should have said he would not support anything more than $5,500; the motion was to increase his existing salary by 10%, which would be a $5,800 increase per year. Mayor Morgan said he understood the motion to be that the Manager's salary would be set at $5,500/month. Mr. Waters replied, he made that motion, but it was not seconded. Mr. Waters asked Finance Director Caloza, who was present in the audience, if he would have any problem figuring out what the City Manager's salary should be. Mr. Caloza replied he would not have a problem. Mayor Morgan requested Mr. Caloza furnish him a copy of what the new salary will be. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. PUBLIC ORAL COMMUNICATIONS None ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions 14,693 & 14,694) Mayor Morgan requested both Resolutions be considered separately. Resolution No. 14,693, "RESOLUTION DECLARING CONTRACTORS' EQUIPMENT COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE AN AGREEMENT WITH CONTRACTORS' EQUIPMENT COMPANY." Discussion. In answer to the question "were these bids advertised", Purchasing Agent Regalado replied, "he advertises as required by the Municipal Code, ten days prior to the bid opening; the bids are mailed out 30 days prior to the bid opening, but are advertised 10 days prior." Discussion re advertising 30 days prior to the bid opening. Mr. Regalado said it would not be a problem to advertise when the bids are sent out. Moved by Cooper, seconded by VanDeventer, we advertise the bid openings 30 days prior to the bid opening when the bids are mailed out. Discussion re the bids needing better coverage than the Star News, advertising in the Evening Tribune, the Union or the trade papers. Mr. Regalado said the Daily Transcript is considered the main trade paper. The City Clerk said the Purchasing Agent is following the procedures set down in the Government Code and the Municipal Code to advertise in a newspaper of general circulation; by resolution that is the Star News. Further discussion. Moved by Morgan, seconded by Van Deventer, the motion be amended to include bids be advertised in the Daily Transcript. Motion and amendment carried by unanimous vote. Moved by Cooper, seconded by Van Deventer, Resolution No. 14,693 be adopted. Carried by unanimous vote. Resolution No. 14,694, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR CONSTRUCTION OF CENTER STRIP ALLEYS (ENGINEERING SPECIFICATION NO. 965)." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,694 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Vice Book 66/Page 12 7/16/85 Mayor VanDeventer said a few weeks ago, the City Engineer was asked to bring back a report with the costs of the alleys where people are paying 1911 Acts and those where the people are not paying at all, and inquired if he had those figures. City Engineer Stafford replied, he has worked up the figures; the report will be on next week's agenda. ORDINANCES FOR INTRODUCTION (FIRST READING) Moved by Waters, seconded by VanDeventer, the Ordinances be presented by title only. Carried by unanimous vote. "Ordinance of the City of National City to amend and repeal portions of Ordinance No. 1705, and to amend and repeal protions of Chapter 15.30 of Title 15 of the National City Municipal Code." Mayor Morgan inquired what the reimbursed expenses are. Fire Chief Kimble said a new law went into effect this year stating that before we can be reimbursed as a City for services, the fire or emergency incident has to spread from the premises; we can have a serious problem that can be confined within the premises and there may be a need for us to go in and take some mitigation measures, maybe even hire a contractor to come in and put the fire out; we need to be compensated for these expenses. Moved by Cooper, seconded by VanDeventer, this Ordinance be amended to include "negligence" in A, B & C (Section 15.30.010, Circumstances under which reimbursement may be sought). Discussion. Carried by unanimous vote. "Ordinance of the City of National City amending portions of Ordinance Nos. 1712 and 1820, and amending Title 18 (Zoning) of the National City Municipal Code." "Ordinance increasing the salary of the City Council." ORDINANCE FOR ADOPTION Moved by Van Deventer, seconded by Cooper, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1859, "ORDINANCE DECLARING NEED FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NATIONAL CITY AND THAT SUCH AUTHORITY SHALL FUNCTION." Moved by Cooper, seconded by VanDeventer, Ordinance No. 1859 be adopted. Carried by unanimous vote. Councilman Waters spoke of the Ordinance increasing the salary of the City Council, and inquired how much it is. City Attorney Eiser replied it authorizes the City Council to increase their salary to $500 per month. Mr. Waters asked if Council is now getting $410 per month, would it be increased to $500. Mr. Eiser said that was correct. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 2, dated July 9, 1985, in the amount of $96,741.81 (Warrants Nos. 88408 through 88485), and CERTIFICATION of PAYROLL for the period ending June 30, 1985, in the amount of $304,186.70 was presented. Moved by Waters, seconded by VanDeventer, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. WRITTEN COMMUNICATIONS The request of PLAZA BONITA/PEPSI COLA CO. for a CLASS A TEMPORARY USE PERMIT, to ALLOW the APPEARANCE of MENUDO (a Puerto Rican Singing Group) at the Plaza on July 17, 1985 from 10:00 a.m. to 2:00 p.m. (The Plaza Bonita and Pepsi Cola Co. jointly sponsor the appearance of Menudo at the Plaza Bonita Mall on July 17, 1985 from 10:00 a.m. to 2:00 p.m.; a Class A TUP requires Council approval; the necessary fees have been paid; staff recommends approval subject to the conditions of the Police Dept.: Plaza Bonita be required to fund four officers at overtime rate for crowd control; it is estimated 8,000-12,000 spectators will be present; department will provide supervision; applicant will be informed of the conditions) was presented. Moved by VanDeventer, seconded by Cooper, in favor of this request subject to the conditions of the Police Dept. Discussion. Carried by unanimous vote. A letter from AL ALVARADO of SAN DIEGO COUNTY BOYS' BASEBALL requesting a donation of $250, and use of the COMMUNITY BUILDING on August 19 at no cost or the lowest rental fee for two hours, 6:00 p.m. to 8:00 p.m., was presented. Moved by VanDeventer, seconded by Waters, in favor of this request as staff recommends. Discussion. Carried by unanimous vote. Book 66/Page 13 7/16/85 AUGUSTINE REYES (Manager, La Mision, 2200 Highland), 96 Sherwood, Chula Vista, was present and said his CUP was approved by the Planning Commission last night and inquired if there is any possibility of rushing it through; he is having trouble operating his business without a liquor license. City Attorney Eiser said it is being handled as expeditiously as possible; the State Laws and the Municipal Code must be adhered to. Mr. Reyes said if he has to wait another three or four weeks, he might have to go out of business. Discussion. Mayor Morgan said the City is not holding it up; there is no way we can rush the State. Planning Director Post said the Planning Commission held a public hearing and the CUP was approved; it will come back to the Planning Commission as a resolution; it will then come to Council as a Notice of Decision, probably on August 6; things are moving as quickly as possible. OTHER BUSINESS The City Manager's report on POLICE FACILITY SITE AND FUNDING ALTERNATIVES STUDY — PRELIMINARY FINDINGS AND RECOMMENDATIONS (The C.I.P. Com mittee, consisting of Asst. City Manager Bolint, City Engineer Stafford, Planning Director Post, Public Works Director Williams, Parks and Recreation Director Ruiz, Finance Director Caloza and Fire Chief Kimble, with input from Police Chief Hart has prepared a report on preliminary findings and recommendations regarding Police facility site and funding activities; see Document 1.. No. 72531) was presented. Asst. City Manager Bolint said the 84-85 CIP Budget contained funds for a space requirement study; the study was done by Oreman & Assoc.; the two alternatives being considered were expansion of the Civic Center and relocation of the Police Dept.; it was determined that the most desirable was relocation of the Police Dept.; on March 5, Council approved in concept the construction of a new police facility and the re —allocation of departmental space; staff was directed to proceed with a review of site alternatives and funding sources; over 37 potential sites were reviewed, and from the committee's evaluation, the list was narrowed down to four sites: 1. National City Blvd., from Plaza to 12th, east to "A" Ave.; 2. same as site 1, but extends east to "B" Ave.; 3. National City Blvd., west side between 12th & 14th, west to Roosevelt; 4. National City Blvd., east side between 14th & 16th; staff recommends Council select one of the four designated sites as a preferred alternative, and direct staff to proceed with further evaluation as to the preferred funding option. Mayor Morgan said he is in favor of the Police Dept. having the square footage they need, but he thinks this building (Civic Center) would be appropriate for the Police Dept.; the City needs an updated Civic Center; he is not voting against the Police Dept., but against a new police facility; if we build a new police facility, we will never get a new Civic Center. Moved by Cooper, seconded by Van Deventer, in favor of site #1 . Councilman Cooper said we are going to need a City Hall; he would like to see us expand on site #1 and go down to "B" Ave. or to the alley between "A" & "B" and come straight through; we also need a new community building that we can be proud of. Discussion. Vice Mayor Van Deventer said he agrees with Mr. Cooper; site #1A would be adequate for expansion in the future; the Police Dept. should be visible and building it on National City Blvd. or Plaza would make it very visible. Further discussion. Councilman Waters spoke of site #6 (Hebrew Day School), and inquired if the school property was the only property taken into consideration, or were the old houses in the area included in the study. Planning Director Post said only the school was taken into consideration. Further discussion. Councilman Cooper said the Police Dept. should be close to City Hall. Further discussion. Councilman Waters said the assessed valuation of site #1 might be so far out of line, we should consider other locations as well. Vice Mayor VanDeventer said the property on 8th is right next to a school and he doesn't feel that is an appropriate place for a police station. Further discussion. Moved by Cooper, seconded by VanDeventer, the motion be amended to include site #1 A. Further discussion. Motion and amendment carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. The Public Works Director's report on REPAIR OF SIDEWALK BY SUPERINTENDENT OF STREETS (The property at 540 Division St. has dirt piled upon a portion of the abutting sidewalk, to a depth of approximately 3 feet; Ordinance No. 1379 requires that the abutting property owner keep the sidewalk clear and in good repair; it further provides that if the work is not so done, the City, after having given notice, may accomplish the required work and impose a lien against the property, to be collected as a part of the regular tax bill; a hearing is required to permit the property owner to raise any objections or protests and to have Council confirm the report as revised, corrected or modified; staff recommends the hearing date be set for July 23, 1985) was presented. Moved by Van Deventer, seconded by Cooper, the hearing be set for July 23. Carried by unanimous vote. Book 66/Page 14 7/16/85 CITY MANAGER — No report. CITY ATTORNEY — No report. OTHER STAFF The City Clerk reported we have two parcels of property that will be sold soon, and she planned to advertise them in the Star News July 25 and August 1; perhaps they should be advertised in some other newspaper as well. Moved by VanDeventer, seconded by Waters, these parcels be advertised in the San Diego Union as well as the Star News. Carried by unanimous vote. MAYOR Mayor Morgan inquired how we are coming along with the report on the West Side. Planning Director Post replied the Planning staff has been reviewing a number of different strategies; he cannot report at this tim e, but they are actively working on it. Mayor Morgan spoke of Mr. Pepper, and suggested the 24th St. Pier be named for him. Vice Mayor VanDeventer suggested that the area be named Pepper Industrial Park. Mayor Morgan suggested Council think about this and bring it back at a later date. Mayor Morgan spoke of the Donnelly Hearing tapes, saying the City Attorney gave him a report on the tapes; Mr. Schulman said the tape was in good shape, but he (Mayor) hears that it is bad; Council authorized Mrs. Valdez to transcribe the tapes, but he told her not to do it; Mr. Schulman said a transcript can be produced; he sees no reason why Mr. Schulman can't give him the tape he wants; it is wrong when you get into a situation where you cannot get the information you need; he thinks it is time for Mr. Schulman to transcribe the tape and give him (Mayor) a copy. Councilman Dalla said his understanding is that there is one portion of a four—sided tape that has some overage on it; if Mrs. Valdez can produce a transcript of the sides where there is no problem, we can worry about the rest later. Discussion. RICHARD SCHULMAN, Asst. to the City Manager/Personnel, was present and said he wrote a note to Mrs. Valdez when the tape was copied by the City Clerk, telling her he had listened to the fourth side; the tape has not been in his possession at all times; it was in his possession from the tim e the Mayor sent him the note; he has never even listened to the entire tape; he has listened to the fourth side and he could plainly hear everything being said at the hearing; he was never directed to transcribe the tape; as far as he knows, nothing happened to the tape after the hearing. Further discussion. Councilman Waters inquired how long it would take to copy the tape onto another tape, so the Mayor could listen to it. Mr. Schulman replied the City Clerk has already made a copy for Mrs. Valdez. Mr. Schulman said he and Mr. Eiser listened to the tape and both of them heard clearly all the statements being made; the conclusion of the City Clerk and the City Attorney was that the problem was one of the tapes had been used before and the recorder in the Council Chambers did not erase what was previously on it. Further discussion. Councilman Cooper said he would like to listen to the tape; the Mayor is accusing Mr. Schulman of doing something to the tape and that is unfair; he wants to listen to the original. The City Clerk said she made one copy of the tape for Mrs. Valdez; the original was returned to Mr. Schulman; Mr. Schulman had the tapes sealed in an envelope and she had to open the envelope in order to copy them. Further discussion. CITY COUNCIL Councilman Waters said he has asked quite a few times for Mr. Post to work on the West Side from 20th to 8th Streets; perhaps a public hearing could be held for those people who live down there to discuss what they would like to see go in; maybe a moratorium could be called; there are warehouses, businesses and residences; Four Square Productions is a nice new addition; warehouses belong in an area by themselves; the Planning staff and the Planning Commission should get involved in this. Planning Director Post said this is something they can get into with the direction of Council, but it would be a very time consuming undertaking. Mr. Waters said he doesn't care if it takes two or three years, as -long as we get results. Councilman Dalla spoke of the large volume of traffic on Olive St. off of Plaza Blvd., saying people go through there from San Diego; people have expressed an interest in something to slow down the traffic. Moved by Dalla, seconded by Morgan, this be referred to the Traffic Safety Committee. Carried by unanimous vote. Book 66/Page 15 7/16/85 Councilman Dalla inquired about the new ordinance providing there be a 500' distance between liquor licenses and asked if it would become effective before Mr. Reyes could get his CUP and license. Planning Director Post said the Ordinance will be effective 30 days after adoption; Mr. Reyes will be coming in pretty close; if his CUP is set for public hearing by Council he will not make it. City Attorney Eiser said if it is Council's desire, there is the possibility of "grandfathering" this application. Councilman Dalla said it was mentioned earlier in the meeting that Council's present salary was $410; it is $436. ADJOURNMENT Moved by Cooper, seconded by VanDeventer, the meeting be adjourned to 7:00 p.m., July 23, 1985. Carried by unanimous vote. The meeting closed at 5:12 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of July 23, 1985. Corrections No corrections MAY CITY OF NATIONAL CITY, CALIFORNIA