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HomeMy WebLinkAbout1984 01-17 CC MINBook 64 Page 35 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 17, 1984 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; Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Bolint, Campbell, McCabe, McLean, Post. 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. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of January 10, 1984 be approved. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS EDWARD BUTTERWORTH (President, Fedco), 1145 Singing Wood Dr., Arcadia, was present and requested Council approval for 18' aisles in their parking lot; using 21' aisles as required by the City, they would lose 45 of a possible 795 parking spaces; this would cost them $3 million per year in sales; if they apply for a variance, they could not open as scheduled on April 5; Montgomery Ward had 18' aisles in the same location. City Attorney McLean said this is a basic policy decision for Council; allowing 18' aisles would be a continuation of an existing lawful use. Planning Director Post said he has been working with Fedco's architects for quite some time; 21' aisles do allow more maneuverability, but there are many parking lots in the area with 18' aisles and they seem to function adequately. Moved by Waters, seconded by Camacho, in favor of this request (as a continuation of an existing lawful use). Discussion. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resoluticns be presented by title only. Carried by unanimous vote. Resolution No. 14,219, "RESOLUTION AUTHORIZING EXTENSION OF CURRENT LICENSE AGREEMENT BETWEEN CITY OF NATIONAL CITY AND COX CABLE TV PENDING FINALIZATION OF NEW FRANCHISE ORDINANCE." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,219 be adopted. Carried by unanimous vote. Resolution No. 14,220, "RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A SELF-SERVICE GAS STATION AND AUTOMATIC CAR WASH FACILITY AT 804 EAST 8TH STREET (CUP-1983-18)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,220 be adopted. Carried by unanimous vote. Resolution No. 14,221, "RESOLUTION DENYING WITHOUT PREJUDICE APPLICATION FOR CONDITIONAL USE PERMIT NO. 1983-5, TO ALLOW THE SALE OF ALCOHOL BEVERAGES FROM 12:00 MIDNIGHT TO 2:00 A.M. AT MC DINI'S BAJA RESTAURANT, 105 EAST 8TH STREET." Moved by Camacho, seconded by Van Deventer, Resolution No. 14,221 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstaining: Morgan. 1/17/84 Book 64 Page 36 Resolution No. 14,222, "RESOLUTION ADOPTING CLASS SPECIFICATIONS AND FIXING COMPENSATION FOR THE POSITION OF FINANCE DIRECTOR." Moved by Waters, seconded by Camacho, Resolution No. 14,222 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,223, "RESOLUTION FIXING COMPENSATION FOR THE OFFICE OF CITY TREASURER OF THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Dalla, Resolution No. 14,223 be adopted. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 14,224, "RESOLUTION APPROVING THE BLOCK GRANT APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-ZBERG BLOCK GRANT PROGRAM." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,224 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,225, "RESOLUTION TERMINATING CONTRACT FOR PUBLIC WORKS (PERRY ELECTRIC, INC., SPECIFICATION NO. 939)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,225 be adopted. Carried by unanimous vote. Resolution No. 14,226, "RESOLUTION ABOLISHING 'NO STOPPING ANY TIME' ZONES ON THE EAST AND WEST SIZES OF CLEVELAND AVENUE FROM 20TH STREET TO 90 FEET SOUTHERLY, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,226 be adopted. Carried by unanimous vote. Resolution No. 14,227, "RESOLUTION ESTABLISHING 'NO STOPPING ANY TIME' ZONE ON THE EAST SIDE OF 'L' AVENUE FROM 450 FEET NORTH OF 16TH STREET TO 600 FEET NORTH OF 16TH STREET, ALL WITHIN THE CITY OF NATIONAL CITY." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,227 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,228, "RESOLUTION ESTABLISHING 'STOP' REGULATIONS ON THE EAST AND WEST LEGS OF PALMER STREET AT EARLE DRIVE." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,228 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,229, "RESOLUTION ESTABLISHING STOP REGULATIONS ON THE SOUTH (AND NORTH) LEGS OF OSBORN STREET AT DIVISION STREET." City Engineer Benzing said there is a second part to this Resolution he is requesting Council to approve authorizing Public Works to install one Stop sign pavement marking on the North leg, which is outside the City limit; CalTrans asked if the City could do that to facilitate the Stop signs going in together at the same time; they will maintain the sign. Moved by Van Deventer, seconded by Dalla, Resolution No. 14,229 be adopted and include Stop sign control on North leg outside City limits to be maintained by CalTrans. Carried by unanimous vote. OLD BUSINESS The Public Works Director's report on DRAINAGE at EDGEMERE WAY (On January 10, Council directed staff to prepare a report on the work at the Edgemere Way drainage project; See Document No. 69885) was presented. City Manager McCabe reported the equipment bogged down in the mud; work will be completed as quickly as possible. Ordered filed by unanimous vote. A letter dated December 15, 1983 to Mayor Morgan from Liz Conti (See Exhibit 'A' attached.) was presented. Vice Mayor Dalla submitted a response to this letter (See Exhibit 'B' attached.) and asked that it be made part of the record. Ordered filed by unanimous vote. 1/17/84 Book 64 Page 37 The City Engineer's report on TREE REMOVAL and CURB, GUTTER and SIDEWALK REPAIRS at various locations, Engineering Spec. No. 935 (On January 10, Council directed staff to stop all tree removals and have the contractor pass out notices to all affected properties; this was done; the City Attorney was instructed to send letters to the residents who objected to tree removal, outlining their possible liabilities; this was also done [See Document No. 69888]; a decision must be made on this matter, since the contractor is nofteing delayed in completing this work) was presented. City Engeer Benzing said the Engineering Dept. received a letter of potential claim today from the contractor; he is putting the City on notice that he has been delayed; of the 9 people who objected to the tree removal, 3 have called and removed their objections. Discussion. Moved by Morgan, seconded by Waters, the trees be root pruned and the sidewalk r faired. MRS. CAERALES, 532 'F' Ave., was present and said she does not want the tree in front of her house removed. Councilman Waters spoke of a letter from Mrs. Taylor, 2730 'K' Ave., saying she does not want her trees removed. Further discussion. City Attorney McLean said when he wrote the letter to the property owners, he thought that Council expected the property owners whose trees were left would acknowledge their joint liability by an Indemnity Agreement; the statement has been made that the City will assume responsibility if there are injuries from the trees; we cannot do that; if there is an accident involving one of those trees, the homeowner would be named in the legal suit along with the City; if there is a loss, the City's insurance company will look to the homeowner for participation; if the tree blows over on the homeowner's house, the City will not pay for it. Further discussion. JAMES W. BIRD, 2529 'K' Ave., was present and commended Council on the way they have handled this tree problem, and suggested raising the sidewalks to a slight incline. Further discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 28, dated January 10, 1984, in the amount of $113,669.36 (Warrants Nos. 82382 through 82432 [voided 82382, 82383 & 82384]), and CERTIFICATION of PAYROLL for the period ending December 31, 1983, in the amount of $272,287.74 was presented. Moved by Waters, seconded by Van Deventer, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Treasurer/Finance Director's CONSOLIDATED CASH REPORT for the period ending November 30, 1983 was presented. Ordered filed by unanimous vote. The City Treasurer/Finance Director's CONSOLIDATED CAS REPORT for the period ending December 31, 1983 was presented. Ordered filed by unanimous vote. The CLAIM FOR DAMAGES of Leland & Patsy O'Connor, arising from an incident on November 1, 1983, and filed with the City Clerk on January 5, 1984 was presented. Moved by Van Deventer, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The CLAIM: FOR DAMAGES of Toivo A. & Polly A. Kauppila, arising from an incident on December 26, 1983, and. filed with the City Clerk on January 5, 1984 was presented. Moved by Van Deventer, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. 1/17/84 Book 64 Page 38 The CLAIM FOR DAMAGES of Joanna & Richard Potter, arising from an alleged accident on December 26, 1983, and filed with the City Clerk on January 6, 1984 was presented. Moved by Van Deventer, seconded by Dalla, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The STREET TREE and PARKWAY COMMITTEE'S RECOMMENDATION from their meeting of December 15, 1983 (the following street tree removal: Beatrice Myers, 1039 'C' Ave., street tree is raising the sidewalk and is a hazard; the tree is to be transplanted elsewhere in the City and upon receipt of a fee of $15, the tree would be replaced in the parkway with a suitable variety) was presented. Moved by Van Deventer, seconded by Dalla, in favor of the Street Tree and Parkway Committee's recommendation. Carried by unanimous vote. The Planning Director and City Manager's report on MEETING with RESIDENTS concerning possible ANNEXATION of LINCOLN ACRES (On December 13, 1983, a group of Lincoln Acres residents approached Council seeking guidance on how to begin annexation procedures; staff was directed to meet with these people and report back to Council. See Document No. 69897) was presented. Discussion. Moved by Morgan, seconded by Camacho, staff be directed to be ready to help them when the residents are ready. Further discussion. Planning Director Post explained LAFCO's procedures and fee schedules. Further discussion. Motion carried by unanimous vote. National City Transit's report on PROPOSED FARE STRUCTURE for FY 85 (The following represents the proposed bus and trolley fares for FY 85: 1. Local fares [National City, Chula Vista and County Transit]: full fare would increase from 700 to 750; fares for the elderly, handicapped and students would remain at 400; 2. San Diego Transit full fare would remain at 800; 3. The trolley would initiate a floating zone fare structure: The downtown CBD zone fare would rise from 250 to 500; outside the CBD, trips between 2 consecutive stations would cost 500, between 3 stations 750, and from 4-8 stations $1.00; the full trip from downtown to the border would cost $1.50; 4. Prices for monthly passes would remain the same; public hearings will be conducted by the MTDB on this fare structure on January 26 and February 9; NCT staff has worked with the MTDB on this structure and agrees with the proposal) was presented. Moved by Camacho, seconded by Van Deventer, in favor of National City Transit's recommendations. Carried by unanimous vote. OTHER BUSINESS PLANNING COMMISSION - NOTICE OF DECISION Planning Commission Resolution No. 61-83, APPROVING ZONE VARIANCE to ALLOW the HEIGHT of two FREE-STANDING SIGNS to EXCEED 50 FEET (60 ft. proposed) and INSTALLATION of a WALL SIGN on other than a front street frontage at 1100 Highland, Z-17-83 (Fedco is requesting approval to install 2 double -face, 60' high pylon signs having a total sign area of 300 sq. ft. each, advertising Fedco Membership Department Store, and to allow a wall sign having a total area of 152.25 sq. ft., advertising Fedco Auto Center, to be mounted facing other than a street frontage; one pylon sign is to be located on the Highland Ave. frontage at the signalized entry drive, replacing the existing polo sign; the second pylon sign is to be located on the Plaza Blvd. frontage at the North/ South driveway, replacing the existing pole sign; each pylon sign will be located to observe the required 10' setback from the property line; the proposed wall mounted sign will be located on the West wall of the auto center building visible from the parking lot; this Zone Variance would allow the height of the proposed pylon signs to exceed the 50' height limitation by 10' and allow a wall sign to be mounted facing other than a street frontage that exceeds the 25 sq. ft. limitation by 127.25 sq. ft.; applicant states that "the existing buildings on this site are in a depressed area [lower elevation than properties to the North, South and West] and sight lines from North/South on Highland Ave. 1/17/84 Book 64 Page 39 and East/West on Plaza Blvd. are obscured from view due to the size and location of our neighbor's buildings and their signs; Fedco will be the 'new kid on the block' and if we are to be successful, we must have visibility to our members."; the single -face wall sign facing the parking lot and Kimball Way is required to attract customers to the tire center building; staff concurs with the Planning Commission's approval) was presented. Ordered filed by unanimous vote. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF The City Clerk's report on OPENING of SEALED BIDS for LIGHTING CONTROLS INSTALLATION at KIMBALL PARK and LAS PALMAS PARK (Nine bids were received: L. P. Yoder Elec. - $4,500.00; La Jolla Elec., Inc. - $21,800.00; Chula Vista Elec. Co. - $4,648.00; Jenkins Elec., Inc. - $6,723.00; Sloan Electric - $8,000.00; Gulf Elec. Co. of Calif. - $5,211.00; D. & H. Perry, Inc. - $9,400.00; P. S. Fejeran & Jackson, Inc. - $5,115.00; Steiny & Co., Inc. - $7,989.00) we: presented. Ordered filed by unanimous vote. MAYOR Mayor Morgan spoke of the apartments being built on the City of San Diego side of 1000 block of Delta, saying every time it rains that area floods, and inquired if we could contact the City of San Diego and get these problems corrected. City Engineer Benzing said he has been in contact with the project engineer trying to determine responsibility. Mayor Morgan asked the City Engineer to bring back a report to Council. Mayor Morgan inquired about setting the continued public hearing on the extension of 12th Street to I-5. Discussion. Moved by Morgan, seconded by Waters, the public hearing be set. Carried by unanimous vote. (The hearing will be February 14, 1984.) CITY COUNCIL Councilman Waters said he read that money won at the big -stakes Bingo games at the Indian Reservation was not taxable; he contacted the IRS and found out these winnings must be reported as income and are taxable. ADJOURNMENT Moved by Camacho, seconded by Waters, the meeting be adjourned to 7:00 p.m., January 24, 1984. Carried by unanimous vote. The meeting closed at 5:04 p.m. rmL CITY CLER The foregoing minutes were approved at the regular meeting of the City Council on January 24, 1984. Corrections No Corrections CITY OF NATIONAL CITY, CALIFORNIA 1/17/84 r December 15, 1983 Mayor Kile Morgan City of National City 1243 National City Boulevard National City, CA 92050 Dear Mayor Morgan: Book 64 Page 40 Exhibit 'A' This letter has been long on my mind and I now feel right about sending it. As you know, I worked for the City with pride and satisfaction for 15 months. Problems arose because of Civil Service rules which state that employees are required to have performance evaluations completed, and have to sign them even if they disagree with the evaluation or the supervisory relationship(s) of the individuals signing the reviews. Vice Mayor Dalla was either chosen by someone, or took it upon himself, to prepare my 9 month evaluation. I waited six or eight weeks (from May to August) for him to complete it, and was preparing to go on my vacation the morning you came in and asked about it. I told you then that I still had the matter of the evaluation unresolved -- the evaluation which had now become my one-year review. That was the day you went to Personnel yourself to obtain another form, filled it out, and filed it the same day so that I would be able to go on vacation with no unfinished business the next day, being Friday. Then on Friday Mr. Dalla called me in to his office, had the long -overdue evaluation completed, and suddenly signed by all four Councilmen. I was really quite shocked, but had to sign it. I wondered about its legality since to my knowledge the matter never carte up at a Council meeting or in Executive Session. As a result of that situation, after my vacation I began looking for another job because the whole situation caused tremendous resentment. The environment became counterproductive as I realized that no matter who I actually completed assignments for (mainly Mr. McLean), or how well I produced the volume of work I put out for the City Attorney, Mr. Dalla, the phones, all of the resolutions and ordinances and proclamations, Court calendaring, purchasing, etc., all was unrecognized and therefore unappreciated. The very idea that certain Councilmen actually felt qualified to sign my review continues to appall me. In reality (and the chron file I maintained at the desk will attest), Mr. Dalla was the individual who gave me more work that the other Councilmen. As for two in particular, during the 15 months of my employ, I prepared a total of four letters for one, and made a trip to the post office for a roll of stamps for the other, all of which must have consumed a total of 20 minutes time -- the basis upon which a judgment was made of my performance which will remain a permanent part of my personnel record! I have been gone for one month now and wanted to give enough time and thought to this letter to "clear the cobwebs" before writing. I also noted the article in last week's paper on "secret meetings", and began to think about those four signatures on my review in a different light. Perhaps you will too. 2 This would be incomplete without telling you again how much I appreciated your professionalism, understanding, and your kind-hearted ways. Mayor, you're a very important person to me and I wanted you to understand my reasons for leaving, and know that I will always be proud of my association with you and your staff. My best wishes are with you for a blessed holiday season, and a happy, prosperous, and successful New Year. Most sincerely, Liz 'Conti C City of National City Office of the City Council 1243 National Ave., National City, Ca. 92050 Phone: (714) 477-1181 January 17, 1984 To: From: Subj: Mayor and City Council Michael R. Dalla Book 64 Page 41 Exhibit 'B' Accompanying letter entered into the record by Mayor at last week's City Council meeting. I am sensitive to the fact that personnel records are confidential in nature and not appropriate for public discussion without the employee's permission, and that if I fail to honor an employee's right to such privacy I may incur liability, personnally or on behalf of the City or both. I am also aware that a full and accurate representation of the events described is not contained in subject letter. Unfortunately, the employee in this case, failed to avail herself of the proper procedures available to address her concerns during the period of her employment, perhaps knowing full well that they had no basis in fact. Regretfully, the only way to effectively demonstrate that would require violat- ing the employee's privacy rights and incurring potential liability. Should the employee choose to waive her privacy rights, I will be more than happy to dispell any illusions conjured up by her letter. Otherwise, I am compelled to do with the letter what any intelli- gent person would and file it in the nearest waste receptacle. MRD