HomeMy WebLinkAbout1985 09-17 CC MINBook 65/Page 64
9/17/85
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
September 17, 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, Post, Stafford.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by Assistant City Manager Bolint,
followed with invocation by the Rev. Pickus, United First Methodist Church.
APPROVAL OF MINUTES
Moved by Cooper, seconded by VanDeventer, the minutes of the regular meeting of
September 10, 1985 and the correction to the minutes of August 20, 1985 (adding the
name Edith Hughes to the CITY IMAGE SURVEY COMMITTEE) be approved. Carried
by unanimous vote.
PRESENTATION
Fire Chief Kim ble and Susan Schwartz (Dean of Students, National City Campus,
National University, presented awards and $750 scholarships to each of the following
for outstanding performances:
Engineer Don Condon
Captain Kevin Killacky
Engineer Matt Rauber and
Firefighter Bob Sissung
PUBLIC ORAL COMMUNICATIONS
BE R N A R D D AVIS, 2717 Plaza Boulevard, was present to inquire about the matter
of parking and red curb which he brought to Council's attention last week.
Assistant City Manager Bolint said the matter had been researched and no record
could be found of that particular red curb; the matter is to be on the agenda of
the next meeting of the Traffic Safety Com mittee (10/9/85 — 1:30 p.m.); no
citations are to be issued until the matter is resolved; the matter of the previously
issued citations is to be further researched. Moved by Morgan, seconded by
Waters, the Assistant City Manager's recommendation be approved. Bernard Davis
asked when it would be resolved as he cannot register any of his cars at DMV until
it is. He was advised it would be on the agenda of the next City Council meeting.
Motion carried by unanimous vote.
Mayor Morgan announced the City Attorney wanted to call an Executive Session.
The City Attorney said the Executive Session would be for the purpose of Personnel
Relations and Pending Litigation.
(Mayor Morgan and Councilman Waters announced they would not attend the
Executive Session).
Mayor Morgan called an Executive Session at 4:08 p.m.
(NOTE: At the request of Councilman Dalla all dialogue re the matter of the
Civil Service Com mission Findings in the Maria Navarro grievance hearing are
verbatim.)
CHRISTOPHER ASHCRAFT, attorney for Maria Navarro: "Mr. Mayor, before you
go into Executive Session, may I request to know if the general substance of the
Session will be Miss Navarro's hearing? If so, I have some objections."
COUNCILMAN WATERS: "You do that."
MAYOR MORGAN: "Mr. Attorney?"
CHRISTOPHER ASHCRAFT: "Is that the general subject of the Executive Session?
I think we are entitled to know if the general purpose of the Executive Session is
Miss Navarro's hearing."
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9/17/85
CITY ATTORNEY EISER: "It will be more a relations matter."
CH RISTOP HE R ASH C RAFT: "Does it relate to the Navarro hearing? Because if
so, Mr. Eiser, you know that I have some objections that I want to put on the
record before that would occur."
CITY ATTORNEY EISER: "I am going to meet with Council in closed session and
after we return you can put your objections or you can do that now, if Council
agrees."
MAYOR MORGAN: "I really, myself, think this challenge should be heard before
going into Executive Session."
COUNCILMAN WATERS: "Why don't you—"
CHRISTOPHER ASHCRAFT: "I am right here so it makes no difference."
Council m en Cooper and Dalla, Vice Mayor Van Deventer, the Assistant City
Manager, City Attorney, and Asst. to the City Mgr./Personnal Schulman left their
places and started to the conference room.
Council reconvened at 4:11 p.m.
ROLL CALL
Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent:
None.
CITY ATTORNEY EISE R: "Council has not had the closed session yet. If Mr.
Ashcraft would care to make his statement prior to such time, he is welcome to
do so."
CHRISTOPHER ASHCRAFT: "Thank you, Mr. Eiser and Mayor. Thank you for
your indulgence in bringing the Council back. And, I appreciate the members of
the Council coming back to hear my statements before an Executive Session. I
understand that since the general subject of the Executive Session is not announced
I can only anticipate that part of the Executive Session deals with a consideration
of the Civil Service Commission decision in the m atter of the Maria Navarro
hearing. It is my contention on behalf of Miss Navarro that it is improper for the
Council to go into Executive Session —in essence the Brown Act exempts on this
matter --since the matter was heard by the Civil Service Commission and fully
heard in public hearing as set out in the Civil Service rules of the City of National
City. Since it was a matter of public record, the decision of the Civil Service
Commission was a matter of public record and all proceedures related to the
decision of the Civil Service Commission and that hearing should be a matter of
public record and should be held in public. One other item that I want to call to
the Council's attention before any consideration of that matter: prior to the Civil
Service Commission hearing, I lodged objections to the City Attorney advising the
Civil Service Commission on the matter of Miss Navarro's hearing because it had
come to my attention and I think it is substantiated through the public hearing
information that the City Attorney did, in fact, advise the department in the
matter of the discharge and the discharge proceedings. It is our position, on behalf
of Miss Navarro that it would be a conflict of interest for the City Attorney to
advise your Council in this matter since at the hearing an attorney —client privilege
was asserted by the departm ent head and by the City Attorney. And the City
Attorney can not now act as a neutral adviser either to the Civil Service
Commission or to your Council in this matter. Thank you very much."
The Mayor had the City Clerk read his letter to the City Council dated
September 17, 1985 into the record:
"To: City Council
"From: Mayor Morgan
"Re: Council Meeting of September 17, 1985
"There has been a lot4rinted lately, referring to my attempt to pay into the
city fund in the matter of (my) secretary's raise, as being 'politically
motivated.' If you check into the records in the Finance Department, you
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will find that I have paid into the city fund several times. One that comes
to mind occurred about 20 years ago when Tecate officials came to town and
the entertainment tab came to $1750. It was my contention then that it was
too excessive to be considered a legitimate expenditure of public funds so I
contributed one —fifth of that amount to the city as my share. I have done
the same thing over the years any time I felt that expenditure of public funds
was unwarranted.
"Also, during the recent hearing in the Navarro grievance, sworn testimony
presented involved the use of city employees and city equipment, on city time
by a head of a departm ent. I turned that matter over to the District
Attorney's office.
"For those reasons, I will not be at the executive session being called at
today's regular City Council meeting.
"I have been the head of this government for almost twenty years and I feel
a certain obligation not only to employees, but to the people who put me in
office, as well.
"s/Kile
Kile Morgan
Mayor"
DORIS McKINNEY, Chairman, Civil Service Commission: "I am chairman of the
Civil Service Commission and have been a member of the Commission for twenty
years. I spent 22 hours along with the other commissioners listening to testimony
on the termination of Maria Navarro. I listened to it, I know wkt was said, I saw
the faces of people when they testified and it was the unanimous decision of the
Civil Service Commission that Miss Navarro be re —instated in her position as a
secretary in this City. Now I don't know what an Executive Session is going to be
for. We haven't had them in our other recommendations, but evidently there is
going to be one now. I don't know why. You have that right but I want to ask
you one thing. Do you want a Civil Service System in National City, or don't you?
Because if you do, then you ought to take into account the findings of the Civil
Service Commission. We didn't spend Friday night/Saturday morning until 2:30 a.m.
listening to testimony in a facetious manner and we didn't come to our decision
lightly. We had no input from either Mr. Eiser or Mr. Schulman during our
deliberations. We made our decision on our own, based on what we heard and what
we saw. And, I hope, gentlemen, you will keep that in mind when you go into
Executive Session."
CHRISTOPHER ASHCRAFT: "Thank you. Your Honor, if I might. It has come to
my attention concerning the Maria Navarro hearing that in the past Councilman
Van Deventer and Miss Navarro have been on opposite sides of issues, where Miss
Navarro was acting as a citizen of the City of National City opposing the
councilman's obvious right to attempt to engage in activities under the 1911 Act
and other things where they were on opposite political opinions. Under the
circumstances, it would be our opinion that it would be a conflict of interest for
Councilman VanDeventer to take part in the deliberations on this matter and we
would ask that he disqualify himself based on that."
COUNCILMAN DALLA: "Is there anything you don't object to?"
CHRISTOPHER ASH CRAFT: "Well, Councilman Dalla, I don't object to a council
that lives up to its obligations, under the Case of Owens vs. the City of
Independence, to affirmatively and responsibly protect the rights of its employees
and; if each council member, and the Council as a whole to do that. I don't recall
that you were present during the hearing in this matter, but there were some
things that I objected to at that hearing and there were some things that I didn't.
It is my responsibility as counsel for my client to make sure that the record is
clear as to all matters which might be prejudicial to her case and might affect her
case and I think it is the responsibility of the Council to carefully consider all of
those issues which we raise as well. Thank you."
COUNCILM AN DALLA: "I would like to —I don't know if anyone else is going to
jump up and speak, but in answer to Mrs. McKinney, one of the processes the Civil
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Service has is the hearing and then they reach a decision. And you have fulfilled
that part of the process.* The other part of the process that I understand is that
this Council can consider those findings and render a decision, we affirm, modify or
deny the recommendation of the Civil Service Commission. I don't care if the City
Attorney has an Executive Session or not, but since everyone seems to be pointing
toward making some big thing about this Executive Session —the last time we had a
termination hearing, we adjourned to Executive Session and there was no objection
from you or from anyone else. This is the propriety of that. But so that we will
not have any misunderstanding and for me to affirm, modify, or whatever the
options on the decision that you have reached, it will be necessary for me to see a
copy of the transcript. What I would assume, if we were going to discuss this in
Executive Session, would be that we would direct the Attorney to take the steps
necessary to do that. So that there is no misunderstanding l would make a motion
at this tim e that we have a transcript prepared so this Council can review the
testimony that took place and we go from there. That is the big mystery."
COUNCILMAN COOPER: "Second the motion."
MAYOR MORGAN: "If 1 understand, this is a thousand page special—"
CITY ATTORNEY EISER: "I have not gotten an estimate myself, but I believe Mr.
Bolint—"
ASSISTANT CITY MANAGER BOLINT: "I would have to ask Mr. Schulman. Is that
correct?"
*
"CITY OF NATIONAL CITY, CIVIL SERVICE COMMISSION
In the Matter of the Appeal DECISION
of Maria Navarro
"On August 19, August 29, September 6, September 12, and September 13,
1985, in the City Council Chambers, 1243 National City Boulevard, National
City, California, a hearing was held by the Civil Service Commission of the
City of National City, to consider the appeal of Maria Navarro from her
discharge fro m her position as Engineering Departm ent Secretary. At said
hearing, Maria Navarro appeared by attorney Christopher L. Ashcraft, and
Jerry Stafford apeared by attorney Robert C. Neal.
"Witnesses having been sworn, and evidence both oral and documentary having
been presented, and the matter having been argued and submitted for decision,
the Civil Service Commission makes the following findings:
"FINDINGS
"I. The evidence fails to establish that appellant willfully violated Rule 802
(c) of the Civil Service Rules.
"2. The evidence fails to establish that appellant willfully violated Rule 802
(p) of the Civil Service Rules.
"3. The evidence fails to establish that appellant disrupted departmental
operations.
"4. The evidence fails to establish that appellant solicited injurious acts
against the City Engineer.
"ORDER OF THE COMMISSION
"Based on the above findings, the Civil Service Com mission orders as follows:
"I. That appellant be reinstated to her position as a Secretary with the City
of National City com mencing at the beginning of work on the day following
the date on which the action of the City Council in this appeal becomes
final.
"2. That appellant be awarded back pay and benefits from the date of her
termination to the date of her reinstatement.
"Dated: September 16, 1985
"City of National City
Civil Service Com mission
by: s/Doris Mc Kinney
Chairman"
1
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9/17/85
ASST. TO THE CITY MANAGER/PERSONNEL SCHULMAN: "Yes."
COUNCILMAN WATERS: "That sounds like about $5,000 then, doesn't it?"
MR. SCHULMAN: "I contacted the two reporting firms that handled various parts of
it and their estimate is around $2,600."
COUNCILMAN WATERS: "For the whole thing?"
MAYOR MORGAN: "Discussion?"
COUNCILMAN WATERS: "Under discussion, I wanted to ask how much of the —lone,
how much of it did you record up there (using the Council's Lanier equipment)? It
wouldn't be very expensive at all. How much have you got of it? I know you did
record several times. You also recorded the summation and so forth. Do you know
how much that was?"
CITY CLERK CAMPBELL: "Well, 1 recorded the third (segment of the) hearing and I
recorded the summation. Also, I personally recorded the entire proceedings; the
entire proceedings are on tape."
COUNCILMAN WATERS: "I mean isn't it set up in such a way that you can just
take a recording machine and record it from one tape to another tape? It is from
one tape to another tape, isn't it? You don't have to sit there and even listen to it,
do you?"
CITY CLERK CAMPBELL: "I have to operate the machine."
COUNCILMAN WATERS: "But when you turn it on and it is recording you can walk
away for a half hour, or whatever time, and come back to it, can't you?"
(Mrs. Campbell and someone else speaking at same time. Impossible to transcribe.)
COUNCILMAN WATERS: "Maybe you don't want to do it. Speaking honestly, I don't
need a copy of the tapes because I sat through it for five consecutive days and I am
very much aware of what took place. So that might save some money there."
M R. SCHULMAN: "Councilman Waters, the figure I quoted would include transcribing
those tapes that Mrs. Campbell made. So, if those tapes do not have to be
transcribed by an outside firm that would cut it by about $700, so we are talking
about $1900."
COUNCILMAN COOPER: "I would prefer to have even that transcribed by an outside
firm so nobody can say somebody altered it here in the City. I feel it is fair for
this Council to sit up here and make a decision on something this important that
Council needs to read that transcription, even though it might be a thousand pages.
And give us tim e to digest it and to see really what is in the transcript."
M R. SCHULMAN: "There is another problem too, and that is the best estimate I can
get to transcribe it would be something like seventeen to twenty—two days and the
Civil Service Rules provide that the Council is supposed to make their decision within
thirty days after receiving the Findings of the Civil Service Com mission. I think we
counted up and found that would be about October 15 Council can respond at the
latest. So you probably would have something like ten days, ten calendar days, to
review that."
MAYOR MORGAN: "Further discussion?"
COUNCILM AN DALLA: "You speak in terms of price and com ments have been made
about insuring 'due process.' I would hate to think we put a price on 'due process'
because it is going to cost money to make a transcription to make an intelligent
decision. Somehow, that is wrong. If we were not going to entertain the possibility
of doing that, then why do we have a court reporter? We could have saved the
money for a court reporter being present. And, the only other thing I would mention
once again is that there was a previous termination hearing. We had a transcript and
we were advised by the attorney that prior to taking any action, it was advisable
that we review the transcript. And there was no objection as to the price at that
time by anyone and we went ahead and did it that way. So we are not deviating
from anything in the past."
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9/17/85
MAYOR MORGAN: "Vote please."
COUNCILMAN WATERS: The main thing is since I sat through it, I gave up
around 11:30 Saturday (Friday) night, I don't need a copy of it. 1 am ready for a
decision and I know two of you didn't attend the meetings at all. So I can
understand why you might possibly need a copy. I will abstain. I will not vote
against it but I will not vote for it."
MAYOR MORGAN: "Further discussion?"
COUNCILMAN WATERS: "I don't need it."
CITY CLERK: "Motion carried, by the following vote, to —wit: Ayes: Cooper,
Dalla, VanDeventer. Nays: Morgan. Abstaining: Waters.
Mayor Morgan called an Executive Session for Pending Litigation at 4:25 p.m.
(Neither Mayor Morgan nor Councilman Waters attended the Executive
Session.)
Council reconvened at 4:37 p.m.
ROLL CALL
Council m embers present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent:
None.
PUBLIC ORAL COMMUNICATIONS (Cont'd)
JUDY SIROIS BOSS, 1311 "O" Avenue, member of the Civil Service Com mission,
was present and asked Councilman Dalla to refresh her memory as to the last time
a transcript was ordered following a CSC recommendation on employee termination.
Councilman Dalla said the last time was about three years ago; the matter was on
the agenda and it was held over before action was taken.
ADOPTION OF RESOLUTIONS
Consent Resolutions, Resolutions Nos. 14,741 through 14,747. Moved by
VanDeventer, seconded by Waters, the Resolutions be presented by title. Mayor
Morgan and Councilman Dalla requested Resolutions Nos. 14,741, 14,744, 14,745 and
14,746 be considered separately. Moved by Waters, seconded by Cooper, the
Consent Resolutions (Resolutions Nos. 14,742, 14,743 and 14,747) be adopted.
Carried by unanimous vote.
Resolution No. 14,741, "RESOLUTION ACCEPTING WORK AND AUTHORIZING
FILING OF NOTICE OF COMPLETION FOR CONSTRUCTION OF CENTER STRIP
ALLEYS, ENGINEERING SPECIFICATION NO. 965, AND RESCINDING RESOLUTION
NO. 14,694." Moved by VanDeventer, seconded by Waters, Resolution No. 14,741 be
adopted. In answer to a question, City Engineer Stafford said this corrected the
Notice of Completion formerly approved. Carried, by the following vote, to —wit:
Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None.
Resolution No. 14,742, "RESOLUTION AUTHORIZING THE CITY ENGINEER TO
SIGN RIGHT—OF—WAY CERTIFICATION FOR EUCLID AVENUE FROM PLAZA
BOULEVARD TO 16TH STREET." See above.
Resolution No. 14,743, "RESOLUTION ACCEPTING COVENANT AND DEFERRAL
OF STREET IMPROVEMENT AT 2427 VAN NESS AVENUE (MYERS)." See above.
Resolution No. 14,744, "A RESOLUTION DECLARING THAT THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY SHALL BE THE BOARD OF DIRECTORS OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NATIONAL
CITY AND PROVIDING FOR REIMBURSEMENT OF EXPENSES OF DIRECTORS."
Moved by Dalla, seconded by Van Deventer, Resolution No. 14,744 be adopted.
Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters.
Nays: Morgan.
Resolution No. 14,745, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY, CALIFORNIA, DENYING AN APPLICATION FOR VACATION
OF THE 20 FOOT WIDE ALLEY AND PORTIONS OF STREETS LYING BETWEEN
18TH STREET AND THE CENTERLINE OF THE VACATED 22ND STREET, AND
BETWEEN WILSON AVENUE AND THE MTDB RAILWAY ADJACENT TO FREEWAY
5 (APPLICANT: MARIO CIOE) CASE FILE NO. SC-1-85." Mayor Morgan reported
he had a possible conflict of interest, left his place at Council and sat in the
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audience. Moved by Dalla, seconded by Van Deventer, Resolution No. 14,745 be
adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla,
VanDeventer, Waters. Nays: None. Absent: Morgan.
Resolution No. 14,746, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS
FOR PAYMENT OF UNUSED VACATION OF IDA MAE KERR, RETIRED CITY
TREASURER/FINANCE DIRECTOR." Moved by VanDeventer, seconded by Waters,
Resolution No. 14,746 be adopted. Carried, by the following vote, to —wit: Ayes:
Cooper, VanDeventer, Waters, Morgan. Nays: Dalla.
Resolution No. 14,747, "A RESOLUTION OF THE CITY OF NATIONAL CITY
APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1985-86."
See above.
INTRODUCTION OF ORDINANCE (First Reading)
The City Attorney said since he had distributed two versions of the ordinance, he
would like to read the whole ordinance into the record:
"An Ordinance of the City of National City requiring the City's General
Municipal Election to be held on the same day as the statewide General
Election
"BE IT ORDAINED by the City Council of the City of National City,
California, that the general municipal election of the City of National City
now scheduled for April 1986, will instead be consolidated with and held on the
same day as the statewide general election in November, 1986, and that
thereafter, the general municipal election of the City of National City will be
held on the same day as the statewide general election..."
OLD BUSINESS
Letter from Larry Siliman (Sillman, Wyman and Associates regarding proposed
Commercial Center between Highland Avenue and "L" Avenue on Plaza Boulevard
(Their firm represents Appel Development which is currently in escrow on the
referenced site and proposes to remove the existing two story building and replace it
with a one story commercial development. Therefore, they request the City's
assistance in solving a potential problem, if a proposed drainage easement is installed
it would go through the proposed building. If the City could delay the action of this
easement until they can work out an alternate route, that would not conflict, they
could proceed with the development. Note: This was continued from the 8/6/85
meeting. The City Engineer will present a verbal status report.) was presented.
Assistant City Manager Bolint said this matter relates to the Edgerton Drainage
Project. City Engineer Stafford reported he and John Pachon m et with a
representative of the developer today and apparently they are not as far along as we
had thought; for one thing, they haven't closed escrow on the property and it
apparently will not close until December; we can't really contemplate waiting that
long and we should go forward with the project, try to get an easement from the
present owner (the owner of Yardage Town) and if we cannot get an easement from
him, to go immediately into condemnation proceedings under eminent domain
regulations; that would still leave us the flexibility to deal with the new developer
and, particularly, if we could get cooperation on the easement and not have to go to
condemnation; I would have to entertain the idea of allowing them to build the
building over the thing in this instance. Discussion in which it was brought out that
the bid opening for this project is scheduled for September 30, 1985. Moved by
VanDeventer, seconded by Waters, staff recommendation be approved. Carried by
unanimous vote.
NEW BUSINESS
The Finance Director's request for ratification of WARRANT REGISTER No. II, dated
September 10, 1985, DEMANDS in the amount of $267,976.38 (Warrants Nos. 89126
through 89194) and certification of PAYROLL, for the period ending 8/31/85, in the
amount of $315,158.69 was presented. Moved by Waters, seconded by Cooper, the
bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes:
Cooper, Dalla, Van Deventer, Waters. Nays: Morgan.
APPLICATION FOR BEER AND WINE LICENSE, Type 41 (which allows sale for
consumption off premises as well as for consumption on bona fide public eating place
type premises) by ALICE WINTERS, dba SHOWBIZ PIZZA PLACE, INC.,
1143 Highland, a fiduciary transfer (Police, Planning and Building Departments find no
grounds for objection.) was presented. Mayor Morgan said he had never voted for or
against a liquor license; he abstains as a protest against the State law which allows
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new licenses to be issued in the City because the total County population has risen.
City Attorney said that is appropriate. Moved by Cooper, seconded by VanDeventer,
in favor of this application. Carried, by the following vote, to —wit: Ayes: Cooper,
Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan.
WRITTEN COMMUNICATIONS
APPLICATION to MOVE AN EXISTING HOUSE from 707 "E" Avenue to vacant lot
located at 841 Pleasant Lane (Dir. Building and Safety recommends the moving of the
house be approved subject to all applicable codes and six conditions imposed by the
Building and Safety Dept. (See Doc. No. 72807). Moved by Waters, seconded by
Cooper, in favor of the recom mendation and the six conditions. Vice Mayor
VanDeventer announced a possible conflict of interest and said he would abstain.
Motion carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Waters, Morgan.
Nays: None. Abstaining: Van Deventer.
The REQUEST of Frank Chenelle, SWEETWATER BASKETBALL BOOSTER, for a $250
donation for the SWEETWATER DEVIL BASKETBALL TEAM was presented. Moved by
Van Deventer, seconded by Waters, the request be approved. Carried by unanimous
vote.
OTHER BUSINESS
Three items (14 through 16 on the agenda) were presented as a single item: the
FINANCE DIRECTOR'S CASH AND INVESTMENT REPORTS as of June 30, 1985, July
31, 1985, and August 31, 1985. Councilman Dalla commended Finance Director
Caloza, saying that, even with today's lower interest rates, the earnings on City funds
has more than doubled over 1982-83. Ordered filed by unanimous vote.
The REPORT ON OFF—STREET PARKING IN THE LIGHT MANUFACTURING ZONE
(Doc. No. 72813) prepared by the Planning Departm ent in response to Council's
request of 7/10/84 for requirements for parking on the West Side (The report consists
of eleven pages, including attachments; the recommendation of Planning Director is:
"That staff be directed to implement the procedural changes outlined in the attached
report and that a code amendment to include the attached suggested code changes be
initiated.") was presented. Councilman Cooper announced a conflict of interest, left
his place at Council and sat in the audience. Director of Planning Post displayed a
map showing everything west of National City Boulevard, explained some of the
recommendations in the report and answered Council's questions. Discussion. Moved
by Waters, seconded by Morgan, the recommendation be approved. Motion failed, by
the following vote, to —wit: Ayes: Waters, Morgan. Nays: Dalla, VanDeventer.
Absent: Cooper. Discussion re code enforcem ent officer, staff's bringing back a
co mparison with other cities, what are other cities doing, what type of code
enforcement we can do with our special parking areas, etc. Planning Dir. Post said
the Planning Commission has never considered this item and suggested it might be
the time to submit it to them. Moved by Morgan, seconded by Waters, staff
recommendation to send to Planning Commission be approved. Carried by unanimous
vote. Absent: Cooper. (Councilman Cooper returned to his place at Council.)
The matter of WEIGHT LIMITATIONS on VAN NESS AVENUE and 20TH STREET
(...method by which weight limitation signs can be placed on subject streets is
governed by the Vehicle Code...truck trips originate and terminate outside the
City...no roads...leading from the problem area are designed to carry the present
truc k loads...a minimum of 30 days will be required before this item can be
formalized for Council action) was presented. Moved by Waters, seconded by Cooper,
in favor of staff recom mendation. Carried by unanimous vote.
CITY MANAGER — No report.
CITY ATTORNEY — The City Attorney's memo regarding SALARY INCREASE for
the Executive Assistant to the Mayor, Council and City Attorney (...Mayor handed me
a personal check in the amount of $125, payable to the City, stating his intention
was to donate this amount to the City on a periodic basis, to enable said executive
assistant to receive a 6.2% salary increase, and requested to report back to Council
on the legality of this procedure. After considering the matter, my conclusion is
that the Mayor is certainly entitled to make donations to the City. However, any
increase in compensation for the Executive Assistant to the Mayor, Council and City
Attorney, must be approved by the Mayor and the entire City Council as her
supervisors...neither the Mayor nor any individual councilman may unilaterally increase
the salary of the Executive Assistant...notwithstanding the fact that a personal
donation is made to the City to "fund" the salary increase.) was presented. The
Mayor was advised that the Council as a whole is doing the performance evaluation
for this position and that it will probably be completed by next week. The City
Attorney returned the Mayor's check to him.
Book 65/Page 72
9/17/85
OTHER STAFF — No reports.
CITY COUNCIL
Councilman Waters asked Assistant City Manager Bolint to check and see if there is
going to be a meeting on Route 252 on October 3rd. Vice Mayor Van Deventer said
there would be. Councilman Waters asked why Council had not been advised.
Councilman Waters read into the record the Assistant to the City Manager/Personnel
Schulman's letter of August 26, 1985 addressed to the Presidents of NCFFA, NCMEA,
NCPOA, and the Chairman, Mid —Management Group, re the INCREASE IN HEALTH
INSURANCE COSTS:
"Enclosed is a letter from Bob Clark concerning the proposed new rates for
Traveler's Health and Dental Insurance for the year starting October I, 1985.
Please, note that this increase is not yet official. Bob will be negotiating with
Traveler's and will probably be able to get the amount of increase reduced
somewhat. However, I would still anticipate a major increase in premiums that
would be higher than last year's 27% increase.
"I have advised Bob to inform Traveler's to offset the increase by utilization of
funds accrued in the City's Special Experience Rating Account. As you will
note, this would reduce the maximum increase in premiums from 51.1 % down to
36%.
"You should be aware of another potential increase in health insurance costs
effective January 1, 1986. The U.S. Senate leadership has proposed that all
local government employees be required to participate in the Medicare system.
While this will have the advantage of ensuring Medicare benefits when reaching
the age for eligibility, it would be an additional cost to each employee of 1.45%
of their gross salary. The employer would be required to pay an equal amount.
According to the Legislative Service of the League of California Cities, this
legislation is expected to be passed by the Congress and approved by the
President.
"If you have any questions or would like to have another meeting of the Health
Insurance Advisory Group called, please get in touch with me."
Councilman Waters said the "funds accrued in the City's Special Experience Rating
Account" are not available; with an increase of up to 51 %, either the Manager or Mr.
Schulman should have advised Council to go out to bid; by doing this, there is a good
possibility we could have saved money; the employees asked this go out to bid and
were overruled; they should be listened to; the increase will come out of the
employees' pockets. Assistant City Manager Bolint said Mr. Schulman did hold
meetings with the associations. Mr. Schulman said the increase would be 36% even
though the reserve account is exhausted; the underwriter gave us those figures when
there were still funds; it will be 36%. Councilman Waters said that is still very
expensive and asked Mr. Schulman if he was asked to go out to bid. Mr. Schulman
said he did not know what Mr. Waters' information was but there was no formal
request from the employees associations. Councilman Waters asked if there had been
any discussion about going out to bid. Mr. Schulman replied there had been
discussion, but no formal request had been made; it was his understanding that there
was an exam ination of insurance programs in 1983, and there were 15-16 proposals
that went out and only two bids were received: Aetna and Travelers; Travelers was
more advantageous to the employees. Lengthy discussion. Councilman Waters
suggested Council have the heads of the employee associations come before Council
to learn their feelings about the insurance. Discussion. Moved by Waters, seconded
by Morgan, the Council contact the associations during the next week, through the
City Manager, to discuss this serious matter; each member of the Council should try
and find time to contact the heads of the associations. Councilman Cooper inquired
if Mr. Schulman had quoted a price to the employees during negotiations. Mr.
Schulman replied, he had not, we didn't have any idea at that time; our claims
experience had been good and I said I thought we could keep the increase down to a
moderate amount. Motion carried by unanimous vote.
Councilman Waters said he would like to talk about the case of Maria Navarro; at
the time the trouble started, he asked the City Manager if he heard both sides of
the story and when he said he had not heard Miss Navarro's side of the story at all,
I was disgusted. Mr. Waters said if a person has worked 18 years with a clean
record, that person should have been given five or ten minutes to hear her story; and
she would have told him her side of the story and he could either have backed up
Book 65/Page 73
9/17/85
the department head or Miss Navarro; a decision could have been made without its
going to hearing; I have not talked to the City Manager for six weeks and I will talk
to him now; heads of departments work for the City Manager but he should talk to
the employees; the City Manager should take time to hear the other side of a story;
that's why you saw so many employees up here at the hearings; I want you to know I
felt about that particular case.
Vice Mayor Van Deventer inquired about the new telephone system, asking if the
numbers would be in rotation.
Moved by Waters, seconded by Cooper, the meeting be adjourned. Carried by
unanimous vote. The meeting closed at 5:24 p.m.
CITY CLERK
The foregoing minutes were approved at the regular meeting of October I, 1985.
✓ Corrections
Q-�i,t- �� p ctA CL, - Ito
4
No corrections
M YOR
CITY OF NATIONAL CITY,
CALIFORNIA