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HomeMy WebLinkAbout1980 01-15 CC MIN77 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 15, 1980 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m, by Mayor Morgan. ROLL CALL Council members present: Camacho, Dana, Van Deventer, Waters, Morgan, Absent: None. Administrative officials present: Ballard, Hoffland, McCabe, McLean, Russell (City Clerk's deputy). Absent: Campbell, Gerschler, 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 of National City, APPROVAL OF MINUTES - None. PUBLIC ORAL COMMUNICATIONS Dr. Charles Molnar, on behalf of the National City Ministerial Associa- tion, requested the use of Kimball Bowl on April 6, 1980 for Easter Sunrise Service. Moved by Waters, seconded by Camacho, this request be approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Van Deventer, seconded by Camacho, the ResolutiortALAe read by title only. Carried by unanimous vote. Resolution No. 13,215, "RESOLUTION ACCEPTING DRAINAGE PIPE (MATERIALS ONLY) AND AUTHORIZING FILING OF A NOTICE OF COMPLETION." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,215 be adopted. Carried by unanimous vote. Resolution No, 13,216, "RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT COMMISSION TO OBTAIN AN OPTION TO PURCHASE CERTAIN PROPERTY AND TO OBTAIN AN APPRAISAL THEREON," Moved by Waters, seconded by Van Deventer, Resolution No. 13,216 be adopted. Discussion re the wisdom of spending money now for the purchase of a corner property at 8th St. and National City Blvd.; it was agreed it is time the City begins rebuilding the downtown section. Carried by unanimous vote. Resolution No. 13,217, "RESOLUTION DIRECTING THE EXECUTION AND RECORDING OF A CORPORATION QUITCLAIM DEED TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY," Moved by Waters, seconded by Dallas Resolution No. 13,217 be adopted. Carried by unanimous vote. Resolution No. 13,218, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT FOR FENCE AT 2808 EAST 18TH STREET." Moved by Waters, seconded by Van Deventer, Resolution No. 13,218 be adopted, Carried by unanimous vote. Resolution No. 13,219, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (1411 COOLIDGE - CLEIVIENS)." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,219 be adopted,. Carried by unanimous vote. Resolution No. 13,220, "RESOLUTION APPROVING NEGOTIATED PROPERTY TAX EXCHANGE FOR PARADISE VALLEY AVENUE ISLAND ANNEXATION AND DETACHMENT (CA 79-2; DD 79-20)." Moved by Van Deventer, seconded by Waters, Resolution No. 13,220 be adopted. Discussion. Mayor Morgan asked the City Manager to place this on the agenda when action by LAFCO has been completed. Carried by unanimous vote. 1/15/80 78 Resolution No, 13,221, "RESOLUTION APPROVING NEGOTIATED PROPERTY TAX EXCHANGE FOR 31ST STREET ISLAND ANNEXATION AND DETACHMENT (CA 79-1; DD 79-16)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,221 be adopted. Carried by unanimous vote. Moved by Van Deventer, seconded by Waters, this be placed on the agenda when action by LAFCO has been completed. Carried by unanimous vote, Resolution No. 13,222, "RESOLUTION AUTHORIZING EXECUTION OF CONSULTANT SERVICES AGREEMENT WITH BERRYMAN & STEPHENSON, INC., CIVIL ENGINEERS, PROVIDING FOR TRAFFIC SIGNALS MODIFICATIONS AT 8TH & PLAZA AND TRAFFIC SIGNALS AT PARADISE VALLEY ROAD AND PLAZA." Moved by Waters, seconded by Camacho, Resolution No. 13,222 be adopted, Discussion. Carried by unanimous vote. Resolution No. 13,223, "RESOLUTION AUTHORIZING CONSULTANT SERVICES AGREEMENT WITH KERCHEVAL AND ASSOCIATES, CIVIL ENGINEERS FOR THE PREP- ARATION OF PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION OF 18TH STREET AT PARADISE CREFK." Moved by Waters, seconded by Van Deventer, Resolution No. 13,223 be adopted. Carried by unanimous vote, Resolution No. 13,224, "RESOLUTION APPROPRIATING FUNDS FOR UNDERGROUND UTILITY CONVERSION OF SERVICES FOR CITY FACILITIES IN CONNECTION WITH UNDERGROUND DISTRICTS 10 AND 12." Moved by Van Deventer, seconded by Camacho, Resolution No. 13,224 be adopted. Carried by unanimous vote. Resolution No. 13,225, "RESOLUTION ACCEPTING GRANT DEED FOR STREET PURPOSES, 1911 ACT -FIG COURT: DEDICATE FOR STREET PURPOSES AND NAME FIG COURT." Moved by Waters, seconded Van Deventer, Resolution No, 13,225 be adopted. Carried by unanimous vote. Resolution No. 13,226, "RESOLUTION OF DEDICATION OF CITY -OWNED PROPERTY FOR PUBLIC STREET PURPOSES (FIG COURT)." Moved by Camacho, seconded by Waters, Resolution No. 13,226 be adopted. Carried by unanimous vote. Resolution No. 13,227, "RESOLUTION REQUESTING TWO DIVERSION PROGRAM AIDES FUNDED BY CETA." Moved by Camacho, seconded by Van Deventer, Resolution No. 131_227 be adopted. Carried by unanimous vote. ORDINANCE FOR ADOPTION (second reading) Moved by Camacho, seconded by Dalla, the Ordinance be read by title only. Carried by unanimous vote. Ordinance No. 1704 (01-9g-8Q-1) "ORDINANCE AMENDING ORDINANCE NO. 1622 RELATING TO THE COLLECTION OF SCHOOL FACILITIES DEDICATION FEES." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1704 (9&-Q8-40-&) be adopted. Discussion. Carried by unanimous vote. NEW BUSINESS The CLAIM FOR DAMAGES of JOHN EDWARD MYERS and SACHIKO MYERS was pre- sented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. Discussion re claims against the City which appear on the agenda and are routinely denied and referred to the City Attorney, and the amount of paper work and time required. Moved by Dalia, seconded by Van Deventer, all backup paper work on future claims not be included with agenda; instead it be available in the City Attorney's office. Carried by unanimous vote. Application for Type 21, PERSON -TO -PERSON TRANSFER of OFF -SALE GENERAL LIQUOR LICENSE of George H. Abbot dba ABBO►s MARKET AND LIQUOR, 228 Highland Ave., was presented. Moved by Waters, seconded by Camacho, it be approved. Carried by the following vote, to -wit: Ayes: Camacho, Dallas Van Deventer, Waters. Nays: None. Abstaining: Morgan. 1/15/80 79 The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 26, dated January 15, 1980, in the amount of $57,118.16 (Warrants Nos. 67,156 through 67,226 WARRANT 27, dated January 15, 1980, in the amount of $56,855.49 (Warrants Nos. 67,227 through 67,277) and confirmation of PAYROLL in the amount of $190,286.52 for the period ending December 31, 1979 was presented. Moved by Waters, seconded by Dalla, the demands be ratified warrants _drawn and ayroll confirmed. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. The City Clerk's REPORT ON OPENING OF SEALED BIDS, SWIMMING POOL COVER, Las Palmas Park (L. M. Dearing Associates, Inc., $11,864.00) was pre- sented. Ordered filed by unanimous vote. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Mayor Morgan presented a request for green curb on 16th Street, east of National City Boulevard. Moved by Van Deventer, seconded by Waters, this request be approved. Carried by unanimous vote. CITY COUNCIL Councilman Van Deventer referred to the Council's prior approval to have him vote as the Council's representative at County meetings regarding Proposed Air Management Procedures; correspondence received recentlyisnot clear as to the City's having the final plan adoption choice. Moved by Van Deventer, seconded by Waters, the City Manager clarify this by next Friday before a vote is taken at the County meeting. Carried by unanimous vote. Vice Mayor Dalla reported several requests he has received for sponsor- ship of a Little League Team by the Council. The consensus was indi- vidual Council members are presently sponsoring teams. Vice Mayor Dalla entered the following memo for the record: "TO: Donald McLean. FROM: Kile Morgan. SUBJECT: Office hours for City Attorney, This letter will confirm our conference of today. We discussed your plan to provide office hours in the City Hall, Monday through Friday, on a regular basis. I have agreed with you that we will employ a qualified Deputy City Attorney, the salary of whom will be deducted from your salary, to hold office hours in the City Hall from 9:00 a.m, untill 5:00 p.m,, Monday through Friday. This person will be selected by you, subject to my confirmation, and employed as a regular City employee. The Deputy City Attorney will not engage in any other empto but will devote his or her full time to holding regular City officethours. You will provide all the training and supervision necessary to protect the City's interests. As City Attorney you will be responsible for supervising and conducting all litigation involving National City. Addi- tionally, you will continue to represent as General Counsel the National City Community Development Commission and Parking Authority. You will attend all City Council meetings, and your Deputy will attend all Plan- ning Commission meetings. (Signed) Kile Morgan." The Vice Mayor said this raised some questions which he would like to pose to Mr. McLean: "By what authority, or law, can an individual member of this Council authorize you to select an employee, a qualified Deputy City Attorney, subject to their personal confirmation." The City Attorney replied the Mayor wrote that to reflect a concept that the Mayor and the City Attorr, discussed, which he assumed the Mayor will discuss with the individual 1/15/80 80 members of the Council before any action is taken; he did not view the Mayor's letter as any official action of the City; he understood it to be simply a memorandum that was going to be circulated among the members of the Council fox their comments; and to the extent that it implies that there is some contract, that's not correct. The Vice Mayor asked, Would such a Deputy City Attorney be hired as a regular City employee; would that person be a member of the classified Civil Service? The City Attorney said those details were not discussed; professional level em- ployees of this City have been removed from Civil Service; he would be very strongly against employing any licensed person as a member of the classified service. In answer to Mr. Dalla's question if the Council would establish any kind of class specification regarding responsibil- ities, qualifications, salary and the like, the City Attorney said he would envision that that all occurs between the Mayor and the Members of the City Council when they have had opportunity to respond to his memo (which as he reiterated, attempted to reflect the discussion as a "memorial of a concept" to provide additional services some people wan1...would be discussed, for example, between you and the Mayor and the other individuals if there was some consensus. Vice Mayor Dalia asked if it were to proceed, was there any particular precedent for any executive employee of the City, to hire another individual in effect, do a portion of your responsibilities? The City Attorney answered, "Yes, the City of El Cajon, the City of Del Mar, the City of La Mesa just to name a few,..." Mr, Della said he did not expect the City Attorney to have definitive answers, but he would like the gist of some of his responses, itliAwere to take on an individual as a Deputy City Attorney, one the City Attorney would interview and select and either the Mayor or the Council would approve, he would have difficulty reconciling that with other executive employees of the City; for example the City Manager, any de- partment head, going out and hiring with the approval of this Council or anyone else, someone to fulfill their duties or a portion of their duties and that person also be unclassified and not have a clear understanding what their qualifications would be, who they would work for, how much they would make; and he was not sure how the City Attorney could deduct something from his salary to pay this individual and still have them part of the City Staff; would he work for the City Attorney who would be paying him or would he work for the City, the Council, the Mayor, those kinds of questions concerned him a great deal. The Vice Mayor continued he had only two more here; the City Attorney's announcement in October of the hiring of an associate to be paid out of the City Attorney's pocket, who was to maintain regular office hours at City Hall and assist in daily legal matters failed to materialize; what assurances are there the arrangement the Attorney and the Mayor have discussed regarding a Deputy City Attorney will fare any better then did the Associate? The City Attorney said in his discussion with the Mayor, he suggested to him, and he thought that he agreed, that a more formal arrangement than he had in the past among lawyers proved to meet some of the concerns; that's why the memo from the Mayor summarizing the conversation is specific on the point of regularit14 The Vice Mayor said he had just one more question; since Mr. McLean is the present full-time City Attorney of National City, why is it necessary to hire another individual "to hold office hours at City Hall", who will not engage in any other employment but will devote his or her full time to daily City business? He thought that was Mr. McLean's job. City Attorney McLean replied he had the approval of the Council...to have other employment. he also heard concerns by Mr. Dalla and others that it's desirable when the City Attorney was gone to Court or somewhere else to have somebody else who is able to tend to the daily housekeeping chores. The discussion with the Mayor was a discussion to propose a solution so that there would be an individual available to handle any immediate need for some daily conference if he were engaged in trial, which happens more and more frequently here, and not put people off. that's been his relation with the City for some time. Vice Mayor Dalia inquired about the approval of the Council for his conducting out- side employment; was that minute action of the City Council? exactly 1/15/80 81 what form did that approval take? The City Attorney replied he couldn't tell him now. The Vice Mayor continued when did that take place, was it motivated by the fact that there was not a substantial volume of work in the office to occupy all of your time or a full schedule and therefore, you asked the Council's permission to attend other matters aside from the City business? and if it's necessary to have someone here five days a week on a regular basis, that seemed to indicate that it's no longer so slow in terms of City business that it warrants your involvement in out- side activities. City Attorney McLean replied he could not psychoanalyze past City Councils or what they may have been thinking...; it's been his opinion in the past that the City is in the long run best served by having a senior employee available with a broad base of experience and a broad base of skills to meet a variety of problems,..and over the period of 14 years that he has been City Attorney, the taxpayers of this community have paid for his education; he came here with no experience and no background in municipal law...over a period of time...things have occurred to the point where he was an individual in his field with a broad range of experience and a high level of skills; the taxpayers of National City ought to have the benefilt of that, and they shouldn't make the investment in the education and the experience and get him to the point where he was now in his profession at the age of 45, he was considered a young man; most trial lawyers, most good lawyers have their best years from the time they're 45 till they're 70; he always thought that it was a shame for the folks of National City to make that invest- ment and commit that faith in him and get him to the point where he could render the sophisticated legal service that they need from time to time and they say, "Well, gee whiz, we don't want you around anymore." Mr. McLean continued on the other hand, he recognized that there are some folks that would like to have the convenience of "drop -in law"; he could not be in Court and be here at the same time, so he chatted with the Mayor about this, as he has talked with Mr. Dalla and he has talked with Mr. Camacho and Mr. Waters and Mr. Van Deventer and othere before you, and he has suggested, "Well, the people here have made an investment in my education and they shouldn't just throw it away", so is there some kind of an adjustment, an arrangement that gives you the benefit of an investment in my education and also gives you some of the convenience that I seem to hear you say you want, and the memo from the Mayor at- tempted to summarize a long discussion in a few words to indicate to the City Council that they were addressing that issue; he assumed that there would be some discussion between the Mayor and the individual members of the City Council; he didn't visualize that it would be discussed at reg- ular Council meeting, although that doesn't bother him...the intent has been to get the maximum legal service for the minimum amount of money and to benefilt from the investment the taxpayers have made in his education. Mr. Dalla said his intention has not been and is not to lose the invest- ment in Don McLean, the City Attorney of National City; he would sincere- ly like to resolve the...differences that the Attorney and he had relative to services to National City, and everyone would have been further along in accomplishing that if the Attorney had communicated with this City Council and not just the Mayor...let's sit down and talk about it...if the Attorney will make those efforts, he would have much more confidence in the fact that he works for the City Council and the City, and he would feel much better about continuing utilizing the Attorney's services, and he hoped from what was said that the Mayor will pursue this and, more so, that the Attorney will pursue this; call an executive session, whatever is proper and let's work it out...Mayor Morgan explained the law business of National City for the last six years has never been one attorney; Don McLean has always paid an Assistant City Attorney out of his salary to keep up with the law business of National City; he paid for Craig out of his salary; he paid for Mike Cowett out of his salary. The Mayor out- lined how he has always tried to keep costs down...whether it's an attor- ney department, or whether it's the police department or fire department, any department in the City...they could go out and hire people and just say well that's everything -- and just hire them and that will satisfy everything, but you have nothing left over this way for the people; a 1/15/80 82 government should leave something over for the people; their lives should be better; at the end of the year, there should be a park, building, a City Hall or a Public Works yard, better streets,edrainage, etc,. The Mayor explained the money saved in the City Attorney's office in National City as compared to Chula Vista, The Vice Mayor said...in 1966 one of the things that you pursued, and that was very important to you, was hiring a full-time City Attorney..,he certainly agreed that that's necessary in 1980, and his objective is to clarify that relation- ship which has gone on since 1966, and maybe return a little bit to the full-time attorney concept..,and if Don Mclean would sit down and to Council about it, the agreement is more than the disagreement, butt okone seems to be willing to do that, City Attorney McLean said...the reason that he discusses these issues with the Mayor is not in any way intended to slight the status of any other member of the City Council; the Mayor is the elected head of City Government, and it has been made clear.,,, these kin dsof issues, such as his relationship with City government and the work he does, that kind of thing, he takes up with him and then he discusses with the members of the Council, and they the Mayor is the communicator�,..it was in no way intended h toim besarslliight; of any other member of the City Council; .,.if you haven't had communi- cation with the Mayor that you think you should, sorry, and I'm available to have those discussions, Vice ayo ll I can say is I'm said Council doesn't know what was discussed,so it's Mayor to as questions about things the AttorneymayMayor difficult aan thinks it's great and therefore its not necessary talk torus withandit, because the idea is sound and solid. Mayor Morgan asked if Council received the memo that he wrote on the s it dated the same day that same day that he put it out? is ex- penses to the City of a retainer,City oAttoerney�onit? The Mayorexplained the through a portion of 1966, Councilman Van as it was a prior to and could be set up to work out the Deventer asked if a meeting City Attorney. Discussion, Problems with the whole Council and the be further along if he met first City Attorney suggested everyone might Van Deventer on an individual bass, Discu siowith Mx. n.then with an voiced his approval of the City Attorney,Cgs Watersw working on this and then would be back Council. said 2�e would-be 'Caunci.l, ADJOURNMENT Moved by Camacho, seconded by Van Deventer Carried by unanimous vote. The me s 9 closed at 8:�,0 in be osxeti. be CITY C CITY $3F NATIONAL. CITY, CALIFORNIA The foregoing minutes were 10 .98prod by the City Council at their regular meeting of Februarys 212,e1- Corrections No Corrections CITY OF NATION AL, CITY, CgJTgpRRIA