Loading...
HomeMy WebLinkAbout1985 10-15 CC MINBook 66/Page 88 10/15/85 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OCTOBER 15, 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: 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 Pastor Ken Nichols, Southport Christian Church. APPROVAL OF MINUTES Moved by Cooper, seconded by VanDeventer, the minutes of the regular meetings of October 1 and October 8, 1985 be approved. Carried by unanimous vote. PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamation be read by title only. Carried by unanimous vote. The Mayor's proposed Proclamation, "PUBLIC AWARENESS WEEK FOR THE DEVELOPMENTALLY DISABLED" — October 20-27, 1985, was presented. Moved by VanDeventer, seconded by Dalla, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to a representative of Friendship Homes. PUBLIC ORAL COMMUNICATIONS J E FF G R EE NW AL D (Meyer C. Weiner Co.), 5151 Shoreham Place, San Diego, was present and spoke of his letter to Council re Ordinance No. 1 86 5, placing restrictions on alcoholic beverage licenses. Vice Mayor VanDeventer said Council just received the letter a few minutes ago. Councilman Waters suggested this be put on next week's agenda. Mr. Greenwald continued, he would be here next week to request some kind of exception; they were under development for 20 months before this Ordinance was adopted; the intended beer and wine uses will be accessory uses. Discussion. Mayor Morgan advised Mr. Greenwald this would be on next week's agenda. PUBLIC HEARING The CONTINUED PUBLIC HEARING on APPEAL of the PLANNING COMMISSION'S CONDITIONS to CONDITIONAL USE PERMIT 1984-30 at 1204 32nd St., Bay City Marine (On April 2, 1985, Council held a public hearing on appeal of the Planning Commission's conditions of CUP to allow small boat repair by Bay City Marine at 1204 W. 32nd St. [SW corner of 32nd St. and Goesno Place]; Irving Refkin, Executive Vice President, Bay City Marine, was present at this hearing and advised the Council that Bay City Marine would be vacating the Goesno Place facility; his company has taken possession of two—thirds of the ITT building on a five—year lease, four acres of building on eleven acres of land; Council continued the hearing for six months; Charles B. Refkin, Corporate Administrator, Bay City Marine, Inc., by letter dated September 27, 1985, advises that on September 10, 1985, Bay City Marine was granted conceptual approval from the Port Commission for a vertical shiplift within the ITT facility; they are now engaged in the permit process for its construction) was called at this time. Planning Director Post said Bay City Marine has been working with the Port District to take over the ITT facility; as of this time, they have not made that relocation; it would be expedient to continue the public hearing. Moved by VanDeventer, seconded by Waters, the public hearing be continued for 60 days. Carried by unanimous vote. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,759 through 14,768) Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only. Mayor Morgan requested Resolutions Nos. 14,760, 14,761, 14,763, 14,765, 14,766, 14,767 and 14,768 be considered separately. Moved by Dalla, seconded by VanDeventer, the Consent Resolutions (except Resolutions Nos. 14,760, 14,761, 14,763, 14,765, 14,766, 14,767 and 14,768) be adopted. Carried by unanimous vote. Book 66/Page 89 10/15/85 Resolution No. 14,759, "RESOLUTION ESTABLISHING ONE ON —STREET HANDICAPPED PARKING SPACE AT 1618 EAST 9TH STREET." Discussion. See Consent Resolutions above. Resolution No. 14,760, "RESOLUTION MAKING APPLICABLE THE PROVISIONS OF CODE OF CIVIL PROCEDURE SECTION 1094.6 PROVIDING FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS." Discussion. CHRISTOPHER L. ASHCRAFT, Attorney for NCMEA, was present and said the City Council would not gain anything by adopting this Resolution, but it would have an adverse effect on employees and other citizens who wanted to challenge a decision by one of the Boards. Further discussion. Moved by Morgan, this Resolution be filed. Motion died for lack of second. Moved by Van Deventer, seconded by Dalla, Resolution No. 14,760 be adopted. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer. Nays: Waters, Morgan. Resolution No. 14,761, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR THE KIMBALL PARK CHANNEL CONSTRUCTION (ENGINEERING SPECIFICATION NO. 949)." Discussion. Moved by Cooper, seconded by VanDeventer, Resolution No. 14,761 be adopted. Discussion. Mayor Morgan questioned the design of the channel construction, saying when you have a large drain corning into an area that is smaller in front — if it is large enough it would come down in the park and go over on the green area, but when it is slowed down, it will slow up and back it up to Highland Ave. and it will flow over into Fedco's parking lot or the seniors' high—rise; he wants it on the record that he is saying this before it happens. Further discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,762, "RESOLUTION ESTABLISHING ONE ON —STREET HANDICAPPED PARKING SPACE AT 1420 McKINLEY AVENUE." See Consent Resolutions above. Resolution No. 14,763, "RESOLUTION DECLARING TESSA CONSTRUCTION THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TESSA CONSTRUCTION." Mayor Morgan asked the City Engineer a number of questions which indicated concern about the size of the pipes. Discussion. Moved by Waters, seconded by Van Deventer, Resolution No. 14,763 be adopted and any member of the Council who wants to look at the project do so, and if they find anything wrong, bring it back to Council next week. Moved by Dalla, since the Mayor seems to have some information that indicates that things are not right or up to standard, the Mayor come back with a report on whatever information he has that caused him to believe this. Died for lack of second. Mayor Morgan said he has shared everything he knows or has heard about this job and he will accept the City Engineer's comments. Discussion. Motion carried by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Resolution No. 14,764, "RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN MEYER C. WEINER COMPANY, SUBDIVIDER FOR SOUTH BAY PLAZA SHOPPING CENTER, PHASE III, AND THE CITY OF NATIONAL CITY." See Consent Resolutions above (with exception that Councilman Cooper abstained.) Resolution No. 14,765, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS OF ASSESSMENT DISTRICT (ALLEY — 18TH STREET TO 22ND STREET — WEST OF WILSON AVENUE — DISTRICT NO. 225)." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,765 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. (Incorrect resolution was presented. Should have been the resolution ordering plans and specifications. This resolution adopts things which do not exist at the present tim e.) Resolution No. 14,766, "Resolution adopting plat showing exterior boundaries of Assessm ent District (22nd Street — "J" Avenue to "K" Avenue — District No. 224)." Moved by Morgan, seconded by VanDeventer, this be put on next week's agenda. Carried by unanimous vote. Resolution No. 14,767, "Resolution adopting plans and specifications of Assessment District (22nd Street "J" Avenue to "K" Avenue — District No. 224)." Moved by Van Deventer, seconded by Cooper, this be held over one week. Carried by unanimous vote. Book 66/Page 90 10/1 5/85 Resolution No. 14,768, "RESOLUTION ADOPTING PLAT SHOWING EXTERIIOR BOUNDARIES OF ASSESSMENT DISTRICT (ALLEY — 18TH STREET TO 22ND STREET — WEST OF WILSON AVENUE — DISTRICT NO. 225)." Moved by Van Deventer, seconded by Cooper, Resolution No. 14,768 be adopted. Carried, by the following vote, to —wit: Ayes: Cooper, Dal la, Van Deventer, Waters. Nays: Morgan. (Incorrect resolution was presented. Should have been the resolution ordering plat showing exterior boundaries. This resolution adopts a plat which does not exist at the present time.) NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 14, dated October 1, 1985, in the amount of $218,340.30 (Warrants Nos. 89380 through 89480) and RATIFICATION of WARRANT REGISTER NO. 15, dated October 8, 1985, in the amount of $206,202.89 (Warrants Nos. 89481 through 89548) was presented. Moved by Waters, seconded by Dalla, the bills be paid and warrants drawn. Motion carried by the folio wing vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. Abstaining: Cooper (Warrant No. 89393 only), VanDeventer (Warrant No. 89447 only.) The CLAIM FOR DAMAGES of JAMES KIRK KOSBIEL, arising from an incident on July 9, 1985 and filed with the City Clerk on September 5, 1985 was presented. Moved by Waters, seconded by VanDeventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM FOR DAMAGES of RICK EUGENE OYLEE, arising from an accident on July 23, 1985 and filed with the City Clerk on September 30, 1985 was presented. Moved by Waters, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OF JORGE A. LOPEZ (Application for Leave to Present Late Claim was filed with the City Clerk on October 8, 1985; the claim which they desire to present to Council arises from an incident on July 12, 1981, considerably over the 100 days provided in the Government Code) was presented. Moved by Van Deventer, seconded by Dalla, this be denied. Carried by unanimous vote. WRITTEN COMMUNICATIONS A memo from National City Transit regarding the LEGAL OPINION of SANDAG on the ELDERLY/HANDICAPPED BUS PASS SUBSIDY (SANDAG's opinion is that this program is not an eligible use of TDA funds because it "will benefit only the elderly/handicapped population rather than the general public, and the funds are not authorized expenditures for the operation of the system".; the MTDB has stated they will support SANDAG's position on this issue; see Document No. 72905) was presented. Moved by Cooper, seconded by Morgan, we go ahead with this and take the money from the General Fund, up to $10,000. Discussion. Carried by unanimous vote. PLANNING COMMISSION — NOTICE OF DECISION Planning Commission Resolution No. 38-85, APPROVING CONDITIONAL USE PERMIT to ALLOW the OPERATION of a JANITORIAL SERVICE BUSINESS at 2505 Division St., Suite "B", Applicant: Dewayne Tharpe, CUP-1985-16 (...involves the use of one of the suites [895 sq. ft. ] located within the shopping center at the NE corner of Division St. and Euclid Ave.; there will be five employees and two service vehicles; about 255 sq. ft. of this suite will be used as office space with the remaining area devoted to the storage of equipment and supplies; according to the applicant, the janitorial service they provide is conducted either during the early morning hours or after regular business hours; office hours will be between 8:00 a.m. and 4:00 p.m., Monday through Friday; their service vehicles are taken home by employees and are only at the office for a very short period of time to pick up or return supplies and equipment; Combined Zoning and General Plan designation of this property is Commercial General —Planned Development; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. OTHER BUSINESS The Public Works Director's report on DRAINAGE WAY CLEANING REPORT (At a recent Council meeting Mayor Morgan expressed concern about the cleaning of the City's storm drainage ways; the City has eleven major open drainage ways that need periodic maintenance attention, five under —roadway box culverts that do not self —clean under present conditions, plus a number of minor open drainage areas; see Document No. 72907) was presented. Ordered filed by unanimous vote. Book 66/Page 91 10/15/85 The Public Works Director's report on PLAZA BOULEVARD RED CURB (In connection with adding the second westbound lane on Plaza Blvd. from Olive to Harbison, it was necessary to red —curb [or sign ] the entire north curbline; two residences at Plaza and Olive are affected, but both have off—street parking available; ratification of the above safety measure, already taken, is requested) was presented. Mo ved by Dalla, seconded by VanDeventer, in favor of staff's recommendation. Carried by unanimous vote. The City Engineer's report on 1911 ACT IMPROVEMENTS on 2800 BLOCK of EAST 15TH ST. (Council referred this to staff on April 16, 1985; several visits were subsequently made to the site and it was determined that Palmer Way School would not be a logical participant in a 1911 Act project since improvement of 15th St. along their frontage is impractical; see Document No. 72909) was presented. Discussion. Councilman Waters said when he received this, he took the time to show it to the people in the neighborhood; he talked to at least four of them and asked if they were willing to support this 1911 Act for $30,500; they said they were not; what the people want is a light layer of blacktop; he asked for a report on what it would cost and was advised it would cost $2500; he thinks the people would be willing to pay for that. Moved by Waters, seconded by VanDeventer, we pave the existing street for $2500. Discussion. Councilman Dalla said at various times in the past they have had some sort of asphalt down there; they have never had a permanent street installed; they m ight be in favor of some permanent improvement; the asphalt will not last long; he would like Council to consider putting in something permanent on at least half of that street; possibly a rolled curb. Moved by Dalla, seconded by VanDeventer this be referred to staff to come back on November 12 with recommendations for improvements with at least a half street, permanent base and rolled curb. Discussion. Councilman Waters said the people on the east side of the street were interested in paying a little additional to have their driveways blacktopped; he would like this information brought back to Council as well. Further discussion. EARL , 2817 16th St., was present and said he owns the lot by the canyon; he has turned in plans to the City to build a single—family home at the end of the cul—de—sac; there will be more traffic on the street as a result. Mr. was advised this matter is being held over for three weeks and he should contact the City Engineer before the three weeks is up. Further discussion. Note: This motion was not voted on. The Asst. to the City Manager/Personnel's report on ADDITIONAL HOLIDAY DUE TO PUBLIC LAW 98-144 (Public Law 98-144, approved by Congress and signed into law by President Reagan, designates the third Monday in January a legal public holiday in honor of the birthday of Dr. Martin Luther King, Jr.; this law becomes effective January, 1986; according to the City Attorney's opinion, consistent with existing Memoranda of Understanding, Civil Service Rules, and prior practice, those employees who earn holiday credits will receive additional credits each year if they work on that day; since the third Monday in January will be a legal public holiday, the City Attorney indicates the advisability of the Council taking specific action to designate whether that day will be observed by the closing of City offices or by the designation of that day as a "floating holiday") was presented. Moved by VanDeventer, seconded by Cooper, we designate this holiday as a "floating holiday". Discussion. Carried by unanimous vote. The Engineering Departm ents's report concerning NATIONAL SCHOOL DISTRICT REQUEST to COVER THE CHANNEL ADJACENT TO IRA HARBISON SCHOOL (The existing channel is presently being substituted by a reinforced concrete box section near the 8th St. and Plaza Blvd. crossing; a 10' x 8' reinforced concrete single box culvert can replace the existing channel for a length of approximately 600'; 8th St. could then be paved to its normal width of 32' from centerline and curb, gutter and sidewalk could be installed; the Engineer's preliminary estimate for this work is $350,000; staff recommends this project be added to the CIP for this fiscal year and delay funding until after the Euclid Ave. extension from Plaza Blvd. to 16th St. is awarded) was presented. Discussion. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation and add to the CIP, and whatever money is available this year be used for design (amended motion). Carried by unanimous vote. CITY MANAGER City Manager McCabe reminded everyone that National City will be hosting the League of Cities dinner this Thursday, and everyone is welcome to attend. CITY ATTORNEY — No report. Book 66/Page 92 10/1 5/85 OTHER STAFF — No reports. MAYOR Mayor Morgan inquired when 8th St. would be open. City Engineer Stafford reported it would be by next Monday at the latest, possibly next Friday. CITY COUNCIL Councilman Waters reported on the South Bay Cities Softball Tournament, saying National City beat Coronado 15-6, and Imperial Beach beat Chula Vista 17-13; National City will be playing Imperial Beach next Sunday at 7:00 p.m. in Imperial Beach for the championship trophy. Councilman Waters reported that the Employees Association softball team has challenged the management team to a softball game; the date will be determined later. Councilman Cooper inquired when the detour on National City Blvd., south of 30th St., will no longer be required. City Engineer Stafford said the original date was September 9, but they had problems with the sewer contractor; they are supposed to open the street again tomorrow, but he did not check on it today. Administrative Assistant Adams said his office received a call from CalTrans today and they are doing everything they can to get it open by tomorrow; if not, the end of the week. Vice Mayor Van Deventer reported we received a letter from Miss National City requesting $300 to enter the Miss Greater San Diego Pageant. Moved by Waters, we contribute the $300. Motion died for lack of second. Discussion. Moved by Van Deventer, seconded by Cooper, we contribute $250. Discussion. Moved by Cooper, seconded by Morgan, the motion be amended and each member of the Council contribute an extra $10. Motion and amendment carried by unanimous vote. DELIBERATIONS AND FINDINGS IN THE MATTER OF MARIA NAVARRO were held at this time. Moved by Morgan, seconded by Waters, Maria Navarro be reinstated as recommended by the Civil Service Commission. Discussion. Councilman Waters said when something like this comes, employees should follow through the channels and not delay it; he believes in a chain of command; in Maria's case, who had 18 years with the City and was fired without even being talked to by the City Manager, it disturbs him; he can understand why the senior employees attended the hearings; they were concerned about their own positions; he hopes the City Manager has learned something from this; it has cost the City at least $15,000 and a lot of adverse publicity; in the future, any employee who has a problem should demand to see the City Manager. Councilman Cooper said he has been a little disturbed about this too; he wants what is best for the City and for Maria; he does not totally agree with the Civil Service Commission's findings; he believes this whole thing was badly handled; he cannot condone insubordination and he feels Maria Navarro was insubordinate. Moved by Cooper, seconded by Van Deventer, the motion be amended to reinstate Maria Navarro with a 30—day suspension without pay (30 calendar days of the time she has already been laid off). Moved by VanDeventer, seconded by Cooper, the motion be amended to reassign Miss Navarro to another department. Moved by Cooper, seconded by Van Deventer, the motion be amended to include effective date of reinstatement, Thursday, October 17. Mayor Morgan said he heard all the testimony and he thinks what we really need is a new City Manager, a new Personnel Director and a new City Engineer. Councilman Dal la said the fact that the Mayor attended the Civil Service Hearings and sat in the front row had a lot to do with the willingness of those witnesses to recall the events; it might have been intimidating to the Commission and some of the witnesses; he reviewed the transcript and he would recommend the Civil Service Commission review the transcript; in order for him to believe everything that Miss Navarro offered in her testimony, it would be necessary for him to doubt the testimony of several others; he feels there was some insubordination. CHRISTOPHER L. ASHCRAFT, Attorney for Maria Navarro, came forward to address the motion and amendments. Councilman Dalla said his understanding is that Council is deliberating right now, and will consider the testimony that was presented at the hearing; we are limited to that testimony; Mr. Ashcraft has made his case, and he (Mr. Da)la) has no intention of listening to any other witnesses or any other testimony. Mayor Morgan said Mr. Ashcraft has a right to speak. Mr. Ashcraft said he requested to speak only after the motion sought to modify the findings of the Civil Service Commission; his comments on the 30—day suspension have not been heard; he is entitled to speak on behalf of Book 66/Page 93 10/1 5/85 the appellant on this matter. City Attorney Eiser said there is no specific provision in the Civil Service Rules as to whether the matter is opened up for additional evidence or argument; the typical procedure is for the decision to be made based on the record; there is a question of fairness; perhaps to allow further evidence or argument to be submitted by one party when the other attorney for the other party is not present — it is a matter that is within the discretion of the City Council. Mayor Morgan said there is a motion on the floor and Mr. Ashcraft could speak within the motion. Discussion. Councilman Dalla said Mr. Ashcraft is offering additional testimony and he understood he has to make his decision on the transcript of the hearing. Mr. Ashcraft said this is a public session, and it is his understanding that it has always been the policy in public session to take testimony of the public. Mr. Dalla inquired where Mr. Ashcraft understood that from. Mr. Ashcraft continued, the opportunity is available for everyone who represented a party in the hearing to be present; it is his understanding that in the past, this Council has, when a m atter comes up on public agenda, outside of Executive Session, allowed public comment; Council has put forth a motion which is different from that which was considered by the Civil Service Commission, and which he spoke to at the hearing; he would like an opportunity to speak; important points are in the offing here; we're talking about a 30—day suspension; that's a lot of money; it has taken longer to discuss whether he gets to talk than what he would have said to the Council; Miss Navarro has a right to be heard on the subject of this motion which is different from that considered by the Civil Service Commission. Councilman Dalla inquired if Mr. Ashcraft joined the Civil Service Com mission in their deliberations. Mr. Ashcraft replied he did not. Mr. Dalla said Council is deliberating at this time and inquired if Mr. Ashcraft demanded to participate in the Civil Service Commission's deliberations. Mr. Ashcraft replied he did not, but he did make a final argument to the Civil Service Commission based on the allegations and the disciplinary action that was before the Commission prior to its deliberations. Mr. Dalla inquired if someone in the audience stood up and wanted to offer testimony unfavorable to Miss Navarro, should it be accepted. Mr. Ashcraft replied "Testimony" is something different from "argument" and has always been recognized as such; testimony is the factual basis which each member of the City Council has been able to review. Mr. Dalla inquired if Mr. Ashcraft was going to offer anything that wasn't in the transcript. Mr. Ashcraft said he was going to make comments on the motion, not something other than what was in the transcript. Mr. Ashcraft continued, the motion before Council is for a 30—day suspension, and as he understands Council's comments, it is based substantially on two issues; one is the telephone call to Janet Schildmeyer and the other is the coffee break on June 21, 1985; regarding the phone call, Council should think back at that testimony and the motivation behind the phone call; there is no contrary evidence; all the evidence agrees that Miss Schildmeyer was not told anything about the need to have a business license when she first called and talked to Mr. Stafford; the motivation for that phone call was threefold: to apologize to Miss Schildmeyer for the treatm ent she received on the telephone, to make Miss Schildmeyer feel better, and to give Miss Schildmeyer the information about the need for a business license that was not passed on by Mr. Stafford. Councilman Dalla inquired if Mr. Ashcraft was speaking to the motion. Mr. Ashcraft replied he was. Further discussion. Vice Mayor VanDeventer said he was also concerned about Miss Navarro's conversation with Mr. Post. Mr. Ashcraft said all of that was taken care of by Mr. Stafford in a performance evaluation and a 90—day review; there was no decision to take further disciplinary action after the improvement needed performance evaluation and the 90—day review until the Schildmeyer phone call and the June 21 coffee break; the June 21 coffee break was nothing more than employees getting together, as they have a right to do under the Constitution and the State Law to discuss problems they have in their employment; there were six witnesses that testified it lasted 30-40 minutes; the point is they had had those kinds of meetings in the past, that nobody else was disciplined; nobody was disciplined but Maria Navarro; she was disciplined because of the content of the meeting; it is our position that that content is protected by the First Amendment to the State and Federal Constitutions. DORIS McKINNEY, Chairman, Civil Service Commission, was present and said she would like to correct something Mr. Dalla said about the Com mission; they were not intimidated by the attendance of any City Councilman, or the Mayor, and the fact that they sat in the front row; you don't intimidate this Civil Service Commission, no matter who you are or what you think you are. Mayor Morgan called a recess at 5:18 p.m. Council reconvened at 5:22 p.m. Book 66/Page 94 10/1 5/85 ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: None. Councilman Waters said in all his years with the City, he never attended a Civil Service Hearing except this one; when he found out that the City Manager did not take the time to talk to an 18—year employee before he fired her, he was concerned and he attended all five days of the hearing. Mr. Waters continued, saying Councilman Dalla criticized the Mayor for spending $900 to have the tape from the Donnelly hearing transcribed; this transcript cost between $2500 and $3000; he attended the hearings to save the City the money; it is best to attend the hearings and get a little bit at a time in order to make an intelligent decision; through the City Manager's negligence, it cost the City about $15,000; the City Manager should have looked at Miss Navarro's personnel file; it shows that she has above standard marks in many cases throughout her 18—years of service; he is not being paid $60,000 a year to shuffle paperwork; he puts most of the blame on the City Manager; he (Mr. Waters) has supported the City Manager for years, and generally he does a good job, but he (Mr. Waters) is disgusted with the way this was handled; the employees of this City kind of like the City Manager in general; he used to hear a lot of good comments from them, but he's not hearing many today; he did not attend the Civil Service Hearings to influence anybody, but to listen; it would have saved a lot of money if the entire Council had attended; he would like to see Council set up a policy whereby any permanent employee that gets fired, the City Council be notified and save the City the expense and embarassment. Further discussion. Councilman Dalla said if the entire Council went to the hearings, we wouldn't need a Civil Service Commission; Council reviews the Civil Service Com mission findings, reviews the testimony and then makes their own decision; it is all part of the process. Councilman Waters said Miss Navarro has been embarassed and the City has been embarassed; if a 30—day suspension is what it takes to get her reinstated,he will go along with it, because he would like to see her back. Further discussion. City Attorney Eiser said when deliberations are completed he needs to commit this to writing in the form of a resolution; with this type of proceeding there are findings that are necessary in order to bridge the gap between the ultimate conclusion and the decision making process, and he would like to clarify some things; if there is going to be a suspension, there must be some type of finding, some conduct that Council feels was inappropriate on the part of Miss Navarro; what he is hearing at this point is the conversation with Miss Schildmeyer is one of the grounds; he is not sure about the coffee break meeting at this point; he believes there was another item relating to the conversation with Mr. Post. Vice Mayor Van Deventer said he could give other reasons —when she was supposed to report to the Personnel Dept., he does not feel she had to report directly to Mr. Schulman; there is a chain of command. Further discussion. Mr. Eiser said the charges indicated in the Notice of Disciplinary Action, or Skelly Letter —there were two; one is "willful violation of Civil Service Rules, specifically Rules 802 C and P" and as he understands, the consensus at this point would be, under 802 c, which is "willful disobedience or insubordination"; also, the M unicipal Code, Section 3.24.020 g requires that "prior to taking disciplinary action, there must be a finding that there was a failure of good behavior, and acts during or outside duty hours which are incompatible or inimical to the public service" and he would assume that would be a finding too. Vice Mayor VanDeventer said that was correct. Councilman Waters addressed Planning Director Post, asking if when an employee walks into his office after hours looking for guidance, if he felt that should be spread around or should remain confidential; he (Councilman Waters) feels when City Hall is closed, it is no longer City business. Mr. Post replied that is a factor to be taken into consideration, but he believes it is his duty as a department head when something comes up relating to a personnel matter, any affected departm ent head should be notified. Mr. Eiser said during the hearing, there were several matters of whether procedures were complied with, and during the hearing it was not controverted that Miss Navarro possessed a vested interest in continued employment, which would give rise to the necessity of giving her her Skelly rights before any disciplinary action would be taken; basically, the Skelly Rights provide that before disciplinary action is taken, the employee should have notice of that action and an opportunity to respond; a legal requirement is before any disciplinary action be taken there would be a finding that those procedures had been complied with; he would assume that if there is to be any disciplinary action taken, that would be a finding of the Council as well. Councilman Dalla inquired if the Civil Service Hearing would suffice in lieu of, or in any way involve, the Skelly. Mr. Eiser replied the Skelly Hearing is typically done in the form of a letter; the charges were set out in the letter in this case; there were charges, and there should be an opportunity to respond to that; the issue during the hearing was Book 66/Page 95 10/15/85 whether the letter was delivered properly and whether Miss Navarro had a reasonable opportunity to respond; the Civil Service Hearing goes beyond a Skelly Hearing. Further discussion. Mr. Eiser continued, there was an additional procedural issue raised about compliance with Rules 803 and 804 of the Civil Service Rules; Rule 804 requires a pre —discipline interview and Rule 803 requires pre —discipline counseling; it appears that the purpose of these Sections is to try and contain these matters at the lowest possible level, and to perhaps avoid even the Skelly procedure, and to avoid Civil Service Hearings; in this case, the hearing was already held; the language in Section 803 states that if the appointing authority does not comply with the procedures, this failure to comply may be taken into consideration when review of the disciplinary action occurs; that is an additional item that should be taken into consideration at this point; if the Council finds that disciplinary action should be imposed, there should be a finding that procedures were complied with before action can be imposed; he would suggest Council take a recess to allow him to commit this to writing and come back with a Resolution; this action has to be taken today. Further discussion. J UDY SIROIS BOSS, Civil Service Commissioner, was present and inquired if the 30—day suspension was 30 working days or 30 calendar days and was advised it would be 30 calendar days. Mayor Morgan called a recess at 5:43 p.m. for the Community Development Com mission to meet while the City Attorney prepared the Resolution. Council reconvened at 6:40 p.m. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Mayor Morgan said he sat through the testimony at the Civil Service Hearing; he was disturbed that an employee could be placed in such a situation while trying to do a good job; M iss Navarro was expected to do too much, and it's too bad that she tried to do a good job and got in trouble; some people said it was a conspiracy; until now, the employees did not need an attorney; employees are downgraded and hollered at; the City used to work together as a tea m; it is not right to work in the atmosphere we have in this City today; we have people here who don't care about the City or the people; he will pay ;500 toward Miss Navarro's legal fees; Miss Navarro should be commended for doing an outstanding job. Discussion.City Attorney Eiser read: Resolution No. 14,769, "RESOLUTION MODIFYING THE DECISION OF THE CIVIL SERVICE COMMISSION IN THE MATTER OF THE APPEAL OF MARIA NAVARRO", outlining the terms of Maria Navarro's reinstatement. Council indicated changes they wanted in the Resolution. Amended Resolution carried by the following vote, to —wit: Ayes: Cooper, Dalia, VanDeventer, Waters. Nays: Morgan. Councilman Waters requested an Executive Session for Personnel. Mayor Morgan called an Executive Session at 6:50 p.m., but said said he would not attend; if Council were going to discuss getting a new City Manager, Personnel Director and City Engineer, he would attend. (Mayor Morgan did not attend the Executive Session.) Council reconvened at 7:20 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters. Absent: Morgan. Moved by VanDeventer, seconded by Waters, the City Council instruct the City Manager to take appropriate disciplinary action in regard to City Engineer Stafford to effect a dollar loss at least equal to the discipline determined for Miss Navarro. Carried by the following vote, to —wit: Ayes: Cooper, Dalia, Van Deventer, Waters. Nays: None. Absent: Morgan. Book 66/Page 96 10/15/85 ADJOURNMENT Moved by Waters, seconded by Van Deventer, the meeting be adjourned to 7:00 p.m., October 22, 1985. Carried by the following vote, to —wit: Ayes: Cooper, Dal la, VanDeventer, Waters. Nays: None. Absent: Morgan. The meeting closed at 7:22 p.m. CITY CL The foregoing minutes were approved at the regular meeting of October 22, 1985. Corrections No corrections CITY OF NATIONAL CITY, CALIFORNIA