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HomeMy WebLinkAbout1984 09-04 CC MINBook 65/Page 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA SEPTEMBER 4, 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: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, McCabe, Post, Stafford, Interim City Attorney Tobin. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Dalla, the minutes of the regular meeting of August 28, 1984 be approved. Carried by unanimous vote. PRESENTATIONS AND Pr OCLAMATIONS Moved by VanDeventer, seconded by Dalla, the Proclamation be presented by title only. Carried by unanimous vote. The Mayor's Proclamation proclaiming the week of September 22 through September 29, 1984 as "PUBLIC AWARENESS WEEK" was presented. Moved by VanDeventer, seconded by Cooper, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Royce Johnson, Supervisor, SE South Bay Office, Developmental Disabilities. PUBLIC ORAL COMMUNICATIONS WAITER POPELAR (Chairman, PRAB), 908 E. 15th St., was present and spoke of the need for a City gym, saying we have over 5,000 students in our elementary schools; he spoke with the Superintendent of Schools and was advised we may have to open another school this year; he spoke to the Director of the Boys' Club and was told he processes over 200 boys a day; the Park Dept. does an excellent job and has wonderful programs, but it's not enough; we need a recreational center; PRAB visited a recreational facility in another city that impressed them greatly. Mr. Popelar displayed a drawing of a proposed recreation center. Mr. Popelar continued, such a recreation center could be located in Las Palmas Park, centrally located for everyone in the City; the cost would be approximately $860,000 and staffing would cost about $35,000 a year; money could be used from the General Fund, Revenue Sharing Funds, or Community Development Funds; the City has been talking about a gym for years, but has never done anything about it. Councilman Dalla said we set aside $200,000 in this year's budget; assuming we have funds available in the next few years, our intent is to add to this fund and eventually build a gym; a site has been earmarked in Las Palmas Park. ED BODGE, 1315 E. 1st St., was present and spoke of the Council's new policy regarding removal of trees, saying he has heard a tree is scheduled to be removed on 5th St.; the tree is 80 years old and he cannot see any problem with it, except possibly a one inch rise in the sidewalk; the owner is an elderly lady and is upset about the scheduled tree removal; he hoped Council would reconsider this tree removal. Mayor Morgan said the tree is located at 337 E. 5th St., and he would like all Council members to go out and look at it; the lady who lives there is upset; she played in that tree as a child and it means a lot to her. Councilman Dalla said the intent of the program was not to remove a lot of trees, but to do everything possible short of removing a tree; it was the intent of staff and the Attorney a year ago to share the liability of the trees; we cannot leave the sidewalk damaged; if we don't repair the sidewalk, we would have a liability; if we prune the roots and leave the tree in, we are liable if the tree falls. Discussion. Vice Mayor Waters slit' the resident called him and J im Ruiz and was crying about the tree being removed; the tree has been there since 1904, and the only damage is one little •corner of the sidewalk; the roots that balance the tree are underground; pruning a surface root should Book 65/Page 2 not cause any problem; he would like Council members to look at the tree; he thinks the tree should remain. Further discussion. AILEAN ROBERTS, 845 E. 13th St., was present and presented a petition signed by 34 area residents protesting the red —curbing at 13th & 'I'. Mrs. Roberts said there has not been an accident there in many years; they need all the parking spaces they can get; only one person in the neighborhood has complained and he lives in the middle of the block; the majority should rule; they would consider a 'Stop' sign at that corner. Mrs. Roberts was advised the red curbing was 20' only; a 'Stop' sign would require 25' of red curb. MOHAMMED ZELADA, 6159 Montezuma Rd., San Diego, was present and inquired about getting a taxi permit. Mr. Zelada was advised to file an application with the Police D.ept. Discussion. GARY FARRIS, 1417 Grove St., was present and spoke of the trash and litter around McDonald's, saying the residents were told at the Public Hearing that McDonald's would be responsible for trash pickup within a half block in all directions; that happened for a short time and then stopped; Mrs. Clough spoke to the Manager of McDonald's, and that helped for a short time, but has not solved the problem. Mr. Farris continued, McDonald's was supposed to close at 11:00 p.m. on week nights and 1:00 a.m. on Fridays and Saturdays; they have not been closing until midnight on most week nights, and after 1:00 z.m. on weekends. Mayor Morgan asked Planning Director Post to check into this. Vice Mayor Waters presented an $800 check to Joe Miyoshi for the Police Reserves on behalf of the Lions Club. ADOPTION OF RESOLUTIONS Moved by VanDeventer, seconded by Dalla, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 14,428, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR AIR CONDITIONING OF FIRE STATION ADMINISTRATIVE OFFICES." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,428 be adopted. Carried by unanimous vote. Resolution No. 14,429, "RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR AN URBAN DEVELOPMENT ACTION GRANT (UDAG) FOR RMI, INC. SHIPYARD, NATIONAL CITY, CALIFORNIA." Moved by Cooper, seconded by VanDeventer, Resolution No. 14,429 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,430, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION FOR REPAIR OF DRAINAGE CHANNELS WESTERLY OF CALMOOR STREET; SOUTHWESTERLY OF PLAZA BOULEVARD AND LIROPE STREET (ENG. SPEC. NO. 940)." Moved by Waters, seconded by VanDeventer, Resolution No. 14,430 be adopted. Carried by unanimous vote. Resolution No. 14,431, "RESOLUTION TO ESTABLISH A DEFERRED COMPENSATION PLAN FOR PERMANENT EMPLOYEES OF THE CITY OF NATIONAL CITY." Moved by VanDeventer, seconded by Cooper, Resolution No. 14,431 be adopted. Discussion. Carried by unanimous vote. ORDINANCES FOR ADOPTION Moved by VanDeventer, seconded by Dalla, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1833 (8/7/84--4.), "ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." Moved by VanDeventer, seconded by Daila, Ordinance No. 1833 (8/7/84-4-) be adopted. Discussion. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. 9,-4 /84 Book 65/Page 3 NEW BUSINESS Interim City Attorney Tobin said Mayor Morgan indicated at the last meeting that he had some concerns with respect to individual Council persons' liability in regard to the Warrant Register; he has conferred with the Mayor, and he has used this as an opportunity to confer with most of the elected officials in the City, as well as a considerable number of staff members, and has gained a great deal of understanding of the history of the way things are done in National City in this area; his preliminary findings tell him that in general, the City of National City is well served with respect to the way in which it processes its bills, specifically with regard to those items that are contained in the Warrant Register; it's a fact that most cities delegate this to staff; obviously you don't delegate it without bearing certain responsibilities, but the responsibilities that Council retains are to make sure that the systems that are employed are designed to safeguard the public trust, which the City does have with regard to the tax dollars it collects; on a specific basis, it's important to note that in the agenda packet itself, there is a Government Code Section that is cited (37208), the specific authority that is used by cities to ratify bills, whether they be salary or other warrants that have been paid, after the fact; assuming the process is set up properly and staff has reviewed matters such that checks have been issued, and in many cases disbursed, Council ratifies these actions; one of the main elements of the Government Code Section is that the items be properly within the preapproved budget; it's his understanding that it is this aspect that is of the most concern to the Mayor from time to time; he has indicated that on a case by case basis, if there are any concerns from any member of the Council with respect to whether or not any of these items are within the budget, they should be called out so that specific questions can be addressed; for the most part, budget items are broad in scope and there is a wide range of interpretation; not everything purchased by the City is a line item in the budget, so we have to exercise certain discretion and interpretive abilities; the general procedures the City is using, and has used in the past, appear to be in order, and if any Council member has specific concerns, those items should be called out; it's also a fact that Council need not be unanimous on these items; it's the majority vote that rules; signature by facsimile or any other way that appears on the check does not cause Council to incur personal liability, provided all the other safeguards he has outlined have been followed. Mayor Morgan inquired what would happen if something went through that wasn't in the budget and it had not been checked out. Interim City Attorney Tobin said if that happened, and the City erroneously pays money, the City can sue to get it back; if certain persons have the duty to check and fail to discharge that duty, those persons would be subject to some disciplinary proceedings; the fact that the City pays by mistake or inadvertence would be covered by a body of law that would give the City adequate remedy. Councilman Cooper said all of the warrants that are on the agenda to be ratified come out of specific accounts. City Manager McCabe said they have specific line items that they are taken from; one caution is that they may not read exactly as the specific item reads on the warrant; many of the big projects are made up of a lot of small pieces, and you may not see the total title. Mayor Morgan inquired what the strange study was that we had a few weeks ago that was over $5,000. City Manager McCabe replied it was engineering support for the design or study of a drainage system, which is part of our CIP program. Mayor Morgan said the City Manager signs those, and if he doesn't know exactly; if he (Mayor) signs them, how does he know exactly what he is signing; does he have any obligation if he signs them not knowing fully all the bills that go through. Interim City Attorney Tobin said if he makes an inquiry with respect to a specific item and is not satisfied, that would be the basis for a vote; if this is a specific instance we want to check into further, we can do that. Mayor Morgan said he gave the Attorney his report listing 6 bills he had a question on, and asked the City Attorney to check on them. Interim City A.ttorney said he would be happy to go over those items. Councilman D.alla said the bottom line is that each Council member has a responsibility; they are responsible for the conduct of the City's business, and if they get the bills, and they have a problem, it's their responsibility to take the steps, and make the effort to check those things out, and if they have some indication that something is improper to come forward with it; if they don't, they're doing a disservice to the Counlin and staff, because what they're saying is "We hire you; we trust you, but we don't trust you."; if there is some basis for not trusting the staff, theTburden is on the 9;4 /84 Book 65/Page 4 Mayor to come forward with that; if he is just doing it to be that way, it is totally unfortunate and inappropriate; he (Mayor) wants the Attorney to take a list of questions and come back with a report; maybe he can't trust the Attorney; he doesn't know what the problem is; where does the trust begin and end?; there is a Finance Director and an elected City Treasurer; there is a City Manager and the City Council; he (Mayor) has the bills in front of him to review well before the meeting, and to go down there and look everything up and make sure it all checks out; what if every Council member gives the Attorney 5 or 6 or 8 things to check out; what does that mean? make sure the work was done? make sure the invoice was signed? what does the Mayor want?. Vice Mayor Waters said that is no different than the requests Councilman Dalla makes every week; every week Mr. Dalla asks for a report, or to have something held over; it's done on a routine basis; what's the big deal when the Mayor asks for 1 or 2 things?; Council members are not supposed to be running into the individual departments and disturbing them every day; that's what the City Manager is for; the City Attorney is just being asked for a legal opinion; as far as reports, no one on this Council has asked for more reports than Councilman Dalla has. Councilman Dalla said last week when it was brought up, we talked about having a table downstairs and being able to go down there and check the bills; the Mayor thought it would be a great idea to have a list; if there is a question on these items, they should contact the City Manager or the elected City Treasurer; Council can ask what the warrant register is and ask to see it; now he (Mayor) is saying to do that is wrong. Vice Mayor Waters said if any member of the Council wants to instruct the City Attorney or the City Manager to get him something, let him do it. Councilman Datla said the Mayor has been here a long time; he can take care of himself. Vice Mayor Waters said we have the staff serving us for a reason; the City Council orders the City Manager and the City Attorney, and they direct their department heads what to do. The Finance Director's request for RATIFICATION of WARRANT REGISTER No. 9, dated August 28, 1984, in the amount of $174,191.29 (Warrants Nos. 84871 through 84947) was presented. Moved by VanDeventer, seconded by Dalla, these bills be paid. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: Morgan. Councilman Dalla said if there is a problem with the way we've been paying the bills, it's taken 26 years to figure it out. The application for ON —SALE BEER AND WINE LICENSE, TYPE 41, PERSON TRANSFER of George & Joyce Tan, dba KOH CHI TEH RESTAURANT, 2424 Hoover Ave., Bldg. 5A, Suites F & P (Police, Planning and Building Departments state no objections) was presented. Moved by VanDeventer, seconded by Dalla, in favor of this request. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, VanDeventer, Waters. Nays: None. Abstaining: Morgan. OTHER BUSINESS The request of the SWEETWATER KIWANIS CLUB for a TEMPORARY USE PERMIT (CLASS A) to conduct a CARNIVAL (the Kiwanis Club requests a TUP to conduct a carnival on vacant property East of the South Bay Shopping Center, property owned by Meyer C. Weiner, on September 6-9, 1984; the hours would be as follows: September 6 & 7 — 5:00 p.m. to 12:00 p.m.; September 8 & 9 — 12:00 a.m. to 12:00 p.m.; the application requests waiver of the $2,500 clean—up bond, the $50 inspection fee and the $25 per day license fee; this TUP requires Council approval; this request was approved by Council on August 14, 1984, provided everything is ok; staff recommends approval subject to the following condition of the Police Dept.: two uniformed NCPD officers at premium overtime pay be provided by Christiansen Amusement Corp. on Friday, September 7 and Saturday, September 8 between the hours of 8:00 p.m. and 12:00 p.m.) was presented. Moved by Cooper, seconded by Waters, in favor of this request. Carried, by the folloying vote, to —wit: Ayes: Cooper, Dalla, Waters, Morgan. Nays: None. Abstaining: VanDeventer. The request of the NATIONAL CITY CHAMBER OF COMMERCE for a TEMPORARY USE PERMIT to sponsor a 5—MILE RUN in conjuction with the ANNUAL SALUTE TO THE NAVY WEEK (The run is set foPSunday, October 7, 1984, 6:00 a.m. to 10:00 a.m., to accommodate 300 runners; the Chamber of Commerce requests the following : use of Kimball Park, including the recreation building and restrooms; authorization to distribute beer to participants 9!4 /84 Book 65/Page 5 of legal age; use of public streets per attached map; assistance in traffic control by police and/or reserves; use of barricades from Public Works; waiver of all fees; staff recommends approval of the use of facilities, streets and waiver of all fees subject to the following: applicant agrees to assist in clean— up; copy of insurance policy acceptable to City be provided prior to run; permit form and keys to park facilities be obtained from the Park Dept.) was presented. Moved by VanDeventer, seconded by Waters, in favor of this request. Carried by unanimous vote. The request of the AMERICAN DIABETES ASSOCIATION for a TEMPORARY USE PERMIT (CLASS A) to hold 11TH ANNUAL MC DONALD'S BIKE RIDE AGAINST DIABETES (American Diabetes Assoc. requests a TUP to utilize certain City streets on October 7, 1984, 8:30 a.m. to 5:30 p.m., for the 11th Annual Mc Donald's Bike Ride .Against Diabetes; applicant requested waiver of all fees which was approved on August 14 by the City Council; all clean—up and other controls are to be by the American Diabetes Assoc. volunteers; staff recommends approval subject to the following Police Dept.comment: all traffic laws to be obeyed by cyclists and volunteers; supervision and patrol units will be advised of activity) was presented. Moved by VanDeventer, seconded by Dalla, in favor of this request. Carried by unanimous vote. CITY MANAGER — No report. CITY ATTORNEY Interim City Attorney Tobin said he had asked for an Executive Session on pending litigation; the attorneys he had hoped to have at the session were in North County today and unable to meet; next week would be a better time for them to meet with Council and CDC in an Executive Session. OTHER STAFF — No reports. MAYOR Mayor Morgan gave a certificate to the City Manager for disposition. CITY COUNCIL Councilman VanDeventer reported on the Sister City Convention in Guadalajara, and submitted the City's Certificate of Membership to the City Manager. Councilman Cooper inquired about prohibitions against heavy trucks on residential streets, specifically 'L' Ave., South of South Bay Plaza, saying he sees large trucks on that hill; the street is only 22' wide; there are other ways to get to Sweetwater Rd.; the large trucks are tearing up the streets; he would like Council to take a look at this. Moved by Cooper, seconded by VanDeventer, this be referred to the Traffic Safety Committee. Carried by unanimous vote. Vice Mayor Waters inquired if Council should adjurn to hold a Real Estate Committee meeting. Interim City Attorney Tobin advised it would not be appropriate to adjourn. Councilman Dalla said it has been 42 days since the Olympic Torch Run; it's time to have the torch come home for permanent display at City Hall. Moved by Dalla, the City's Olympic Torch be turned over to the City Clerk tomorrow, and she properly display it in the display case as soon as possible for the benefit of the general public. Motion died for lack of second. Discussion. Vice Mayor Waters said he is scheduled to show the torch at a few schools; he intends to bring it back around October 1; at that time he will have the City Manager make up a case for it; a decision will have to be made regarding where the torch will be displayed. Further discussion. Mayor Morgan said in the meantime the City Manager should determine where it will be displayed and take the proper steps to protect it. Vice Mayor Waters called the Real Estate Com mittee to order at 4:59 p.m. (Properties under consideration: Wilson, North of 13th St.; 21st & Wilson; 29th & 'A'; 20th & Coolidge; Gilbert Lane between Palm & Fig; lrth & Euclid, NW corner) Councilman VanDeventer said he received 3 calls inquiring about the procedures for the sale; they will submit bids between now -and -the date that the properties will be bid on. Vice Mayor Waters referred to a portion of the 9/4/84 Book 65/Page 6 minutes from the June 19, 1984 Council meeting, saying the 60-day period has run its course. Discussion. Moved by Morgan, seconded by Cooper, the property on Wilson North of 13th St. be referred to Planning and Engineering for possible continuation of 12th St., and also to be considered for sale in 60 days. Discussion. Carried by unanimous vote. The property at 29th & 'A' was discussed at length. ERNEST STANLEY (Stanley Dodge), 2929 National City Blvd., was present and said neither of the two adjoining property owners has a greater need than the other; this was instigated about a year and a half or two years ago by Stanley Dodge's request for a dedicated paper street to be closed; this is not a proposed street, but a dedicated street on the map and has been for at least 28 years; he spent quite a bit of money getting an engineering firm to try to talk the' City into closing the street and reverting to the property owners on each side; someone in the Engineering Dept. came up with the fact that this is not a dedicated street. Discussion. Councilman Dalla said if the land was originally publicly owned and dedicated for street purposes, and the street is determined to be no longer needed for street purposes, it becomes excess surplus public property. Further discussion. Interim City Attorney Tobin said perhaps this one item should be taken off of this com mittee agenda and brought back to Council as a special matter and not as a Real Estate Com mittee matter. Further discussion. Moved by VanDeventer, seconded by Morgan, this be held over for two weeks for the City Attorney to review and advise. Discussion. Carried by unanimous vote. Moved by VanDeventer, seconded by Morgan, the rest of the properties be put out to bid (October 2). Discussion. Carried by unanimous vote. ADJOURNMENT Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 7:00 p.m., September 11, 1984. Carried by unanimous vote. The meeting closed at 5:17 p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of the City Council on September 11, 1984. Corrections No Cor ca tions MAY R CITY OF NATIONAL CITY, CALIFORNIA 9/4 /84