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HomeMy WebLinkAbout1979 02-13 CC MIN96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA FEBRUARY 13, 1979 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, Dalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Campbell, Gerschler, Gill, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Gill followed with invocation by the Rev. Hubert Campbell. PUBLIC ORAL COMMUNICATIONS MICHAEL MCMULLEN, National City Police Officers' Association, was present and offered to donate a pitching machine purchased by NCPOA to the City; Mr. Ruiz of the Recreation Department has been contacted and he is willing to accept the responsibility for equal distribution of the machine among the National and American Little Leagues; the NCPOA understands the importance of Boys Baseball in teaching the qualities of sports- manship, responsibility and leadership and believes the pitching machine will assist the Leagues to attain their goals; NCPOA requests that if the City doesn't find the machine acceptable, it be returned to the Assoc- iation so that it can be donated to another group that would use it. Moved by Morgan, we refer this to the City Manager to bring back a report. Died for lack of second. Moved by Camacho, seconded by Waters, we accept this tremendous gift from the Police Department and direct the Recreation Department to utilize it in the best manner possible. Discussion. ADOPTION OF RESOLUTIONS Moved by Waters, seconded by Van Deventer, these Resolutions be presented. by title only. Carried by unanimous vote. Resolution No. 12,980, "RESOLUTION OF AWARD OF CONTRACT (Alley between National City Boulevard to 2nd Street to Roosevelt Avenue, Assessment District No, 198)." Moved by Van Deventer, seconded by Dalla, Resolution No. 12,980 be adopted. Carried by unanimous vote. Resolution No. 12,981, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR ALLEY AND STREET IMPROVEMENTS, DISTRICT NO. 198." Moved by Waters, seconded by Van Deventer, Resolution No. 12,981 be adopted. Carried by unanimous vote. Resolution No. 12,982, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS TO INCREASE BUDGET FOR ADVERTISING PURPOSES." Moved by Camacho, seconded by Waters, Resolution No. 12,982 be adopted. Discussion. Carried by unanimous vote. Resolution No. 12,983, "RESOLUTION DECLARING LOCAL EMERGENCY IN THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No, 12,983 be adopted. Carried. by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 31, dated February 13, 1979, in the amount of $42,644.20 (Warrants Nos. 64124 through 64162) and PAYROLL for the period ending January 31, 1979,in the amount of $192,979.19 was presented. Moved by Waters, seconded by Van Deventer, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 2/13/79 97 City Manager Gill's request for authorization to execute a CONTRACT between the City of National City and the MAYTIME BAND REVIEW CORPORATION (the Corporation will coordinate and promote the 1979 Maytime Band Review; the proposed agreement sets forth the terms and conditions of City financial involvement; insurance for the 1978 parade was $550.00 for one day coverage; last year $8,000 was budgeted for the Maytime Band Review participation and $450 for the City's advertisement in the program for a total of $8,450; this year, due to reductions in all departments as a result of Prop. 13, the total budgeted amount for the Band Review is $7,000; if an advertisement is desired, then the amount of the agree- ment should be reduced by $450, or an additional $450 be appropriated) was presented. Moved by Morgan, seconded by Waters, we make this amount $7450. Councilman Dalla stated he couldn't see spending money to support a function and turn around and spend $450 to advertise the fact that the City is sponsoring a function. Councilman Van Deventer stated the City Manager should be directed to write these people in the future to find out what their total expenses will be for the year; this would make it easier at budget time. Moved by Van Deventer, seconded by Waters, this is an amendment to the motion. Amendment carried by unanimous vote. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. NATIONALLITTLE LEAGUE'S request to use Las Palmas Park for DONKEY BASEBALL GAME, June 10, 1979, between 2:00 p.m. and 7:00 p.m. (this is a fund- raising activity for the League; admission $2.00 for adults and $1.00 for children; staff has no objections to the activity; however, if the League requests additional bleachers, appropriate charges must be assessed; the League should also guarantee to clean up all trash and litter left as a result of this activity) was presented. Moved by Van Deventer, seconded by Waters, in favor. Carried by unanimous vote. City Engineer Hoffland's recommendation to accept improvements in LEISURE I ESTATES (improvements have been completed in a satisfactory manner in accordance with plans and specifications)was presented. Moved by Dalla, seconded by Van Deventer, in favor of the recommendation. Carried by unanimous vote. City Engineer Hoffland's recommendation to APPROVE DEFERRAL of ALLEY IMPROVEMENTS ADJACENT to 1315 Coolidge Avenue, Wendt (the property owner has an obligation under Ord. 1491 to improve one-half width of alley adjacent to his frontage; however, his frontage amounts to only 25 feet and the rest of the alley is not improved;the improvement of the alley would be of more value if completed all at one time; the property owner has agreed to sign a Covenant not to protest a 1911 Act for alley improvements) was presented. Moved by Dalla, seconded by Waters, in favor of the recommendation. Carried by unanimous vote. City Engineer Hoffland's recommendation to APPROVE DRIVEWAY VARIANCE at 1912 Cleveland Avenue, Foster (the property owners are requesting a variance to construct a driveway three feet from the south property line; they have paid a special permit fee of $25.00) was presented. Moved by Van Deventer, seconded by Dalla, in favor of staff's recommendation. Carried by unanimous vote. City Engineer Hoffland's recommendation to APPROVE DEFERRAL OF SIDEWALK AND PERMANENT STREET PAVING adjacent to 2042 "N" Avenue, Luque (the property owners have an obligation to install sidewalks, driveway and street paving adjacent to their frontage; sidewalk construction would require the removal of mature trees; pavement reconstruction would remove temporary pavement that is in satisfactory condition; property owner has agreed to sign a Covenant not to protest a 1911 Act for street improvements; staff recommends deferral of sidewalk and street paving and denial of deferral of driveway) was presented. MARIE LUQUE, 2042 "N" Avenue, was present and stated she had asked for a deferral on sidewalk, street and driveway; she contacted a contractor regarding the driveway and since there is a tree in the way of the driveway, the contractor recommended the tree come out in order to put the driveway through; it comes down to either the driveway or the tree. Moved by Waters, seconded by Camacho, the recommendation to approve deferral of 2/13/79 98 sidewalk and permanent street and that the tree remains and waive the driveway also. Carried by unanimous vote. OTHER BUSINESS PLANNING The Planning Department's recommendation on extension of INTERIM ORDINANCE NO. 1618, prohibiting conversions of apartment houses and duplexes to condominiums or community apartment form of ownership (it is recommended the Clerk set this matter for hearing for March 6, 1979) was presented. Moved by Dalla, seconded by Van Deventer, this matter be set for hearing on March 6th. Carried by unanimous vote. CITY MANAGER CITY MANAGER GILL reported a request was received from the NATIONAL CITY GIRLS' SOFTBALL LEAGUE to hold a CARNIVAL in Kimball Park too late for this evening's Agenda; they desire to hold the carnival March 1-4 to raise money for the Girls' Softball Team; he recommended that a Business License fee be charged and waive the Temporary Use Permit Fee and Inspection fee and also require a clean-up bond. Moved by Van Deventer, seconded by Camacho, in favor. Carried by unanimous vote. CITY MANAGER GILL stated a report was received from the City Engineer relative to "disabled parking" policy of the City of San Diego; if Council so desires, the staff could develop a policy which would permit enforcement of "disabled parking" on both public and private parking; staff will prepare this for a future hearing. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR MAYOR MORGAN asked if there would be any objection to McCune Motors using vacant land at Lamb Chevrolet for storage of watei•lamaged cars. VICE MAYOR CAMACHO stated if this doesn't obstruct Lamb's property, he can't see why they can't do it. Moved by Camacho, seconded by Waters, if it doesn't obstruct Mr. Lamb's operation or their commission's (CDC) operations, I don't know why we can't let him have that for a couple of weeks until he gets himself straightened out as long as it doesn't involve the City in any liability, strictly for the water damaged cars for a period of 30 days. Carried by unanimous vote. MAYOR MORGAN stated for a long time the City has had three City Managers and we've always operated this City with two; we've done a lot of work with two people representing the Managing staff and it's time to go back to that; since Harry has been here, this City has gone down in shambles -- department heads quitting, people unhappy, the public unhappy; usually the biggest job the City Manager has is straightening out the finances downstairs and keeping that straight and Harry wants someone down in that department; I think for the smoothness of the City and the better- ment of the City and future of it, -- we should relieve Harry of his managing job in National City and let him go find another job someplace else, seconded by Waters. COUNCILMAN WATERS stated since April he has approached the City Manager on several occasions regarding problems in different areas of the City, for him to check them out; evidence has come up of problems in the Police Department, Library and Public Works Department and the employees have brought these problems to the attention of Council; the City Manager should have been on top of these problems; you cannot go around firing the little people, you have to go to the leadership; things have not been squared away; this is a business and we need good strong leadership; we cannot have utter chaos in the departments. COUNCILMAN DALLA stated the City Manager works for and at the pleasure of the entire City Council, he does not work solely for the Mayor; what is being done here is very unprofessional, unethical and 2/13/79 99 immature; it's a very unethical and immature way to deal with personality differences between members of this Council and the City staff; the City suffers and the citizens suffer; this type of action will bring others to take pause whether or not any kind of a manager, any kind of a professional manager, can function or survive in this political environ- ment; everyone is alluding to substantial problems, the Mayor gave him the impression that up until a couple of years ago everything was peachy -keen, that was sorely mistaken; he has not heard of any specific examples of the kinds of problems that the Mayor was talking about that would lead to this kind of step; this Council unanimously approved an agreement some time back with the City Manager that provides for a year's severance pay in the event that the Council terminates him; Council is going to have to come up with something substantial in the way of justification for terminating someone under those circumstances; there are some personality differences and some vague references to all inclusive problems; what the Mayor failed to realize/that Council is in effect, the cause of a lot of these problems; the keeps wondering what else we can do to make things worse, we somehow manage to do it. COUNCIL► MAN WATERS asked City Attorney McLean who in the world would approve a years' salary to any individual? That you have to pay them before you can fire them. Was that actually approved? MAYOR MORGAN stated that ever since City Manager Gill has been with the City he has pushed for a year's contract; Council approves things by Resolution; it was voted to prepare a Resolution but it wasn't passed, for the contract wasn't signed. CITY ATTORNEY MCLEAN related the sequence of events relative to the proposed contract as he recalled them and as he understood the facts; the contract itself was not executed. COUNCILMAN DALLA stated that this was read as a Resolution in its entirety and the subsequent item that came up that was never adopted was not defeated, it was deferred for some reason and it was supposed to come back and never did; his question was, did the failure to adopt that written Resolution void the original unanimous vote, because no other action was taken; before we take any action here, we better get some straight legal advice. CITY ATTORNEY MCLEAN stated he has not tried to reconstruct the events relative to this; he was not prepared to give an answer to this tonight. MAYOR MORGAN stated he didn't sign the contract. VICE MAYOR CAMACHO asked if there is a legal course of action that can be taken against the City just because it wasn't signed; Council still voted unanimously for it; that's what he wanted to know; it's a shame that Council has to hang its dirty laundry out in public; it makes it very difficult for Council to sit here and pass judgement on people in public; it's not going to be the easiest thing in the world for professional people wanting to come to our community and function here as a team -- since he has been there there's been three City Managers, the last one apparently didn't agree with some members of the Council, which was a personality clash, and he had to go and. it wasn't long before the Mayor had a personality clash with Mr. Gill, now he's got to go; he was inclined to believe if the good Lord came here to be City Manager and didn't Rant to do exactly what the Mayor wanted him to do, he'd have to go; it's not right, really; this is very, very unprofessional. COUNCILMAN VAN DEVENTER stated a good percentage of members of the Council have been in business for a long time; there's a way of doing things and there's a way of not doing things; if he was unhappy with someone, he would tell it like it is; if there is a problem with the man, the Mayor should be able to sit down and talk with him about whatever is wrong; this is the most unprofessional that he had ever seen in his life; there is a way to do things and a way not to do them. MAYOR MORGAN stated he wanted the public to know that this was handled as professionally as possible; he let the Council know in Executive Session that he was unhappy with the City Manager and told them that he would take action either in Executive Session or out in the open; no one on the Council quarreled with that decision when he told them that he was going to ask the City Manager for his resignation, which he did; he told the City Manager that he would like it today; the City Manager told him that he spoke with three members of the Council and they said no, they didn't want him to leave; this is the reason that he wanted the public and employees to know, and the people of National City to know, that he was not happy with the Manager; he thought Council should go back to the spirit of Prop. 13 and 2/13/79 100 eliminate some of the brass in here; in the last three years 36 people have been laid off; it's time to go back to two City Managers; there has never been the chaos that exist now in this City since he had been here. COUNCILMAN DALLA stated Council asked the Mayor to see if he could work some things out with the Manager and identify some of the problems and work with them; the Mayor indicated at that time that he would make that effort, and before he took any action he would get back with Council; the Mayor failed to do either one of those things; that speaks for the fact that no one made any great comment either way because the Council understood that he was going to resolve his differences; based on the stated intention that he would get back with Council before anything happened, it was left it at that; the next thing he heard was that the Mayor went ahead and did what he wanted to do. COUNCILMAN WATERS stated there's no question on this Council that there's been problems with different departments; the biggest part of these problems should have been taken care of by the City Manager; he might mention the City Attorney and City Manager have very little to do with one another, very seldom do they ever talk; something has to be done. Motion failed, by the following vote, to -wit: Ayes: Waters, Morgan. Nays: Camacho, Dalla, Van Deventer. CITY COUNCIL COUNCILMAN WATERS inquired about the status of the Trophy Room; will they be prohibited from expanding due to lack of parking. Asst. City Manager McCabe stated this problem is being discussed at the Planning Commission level at this time; Mr. Sothras, owner of the Trophy Lounge, is planning to come back to the Commission with a new proposal; there is nothing for Council to act on at this time. COUNCILMAN WATERS said the Planning Commission should understand there are a lot of old businesses on National City Blvd. and within the City that cannot come up with off-street parking; something should be worked out to encourage businesses on National City Blvd.; to remodel the inside and outside of their businesses without being stopped cold because of off-street parking. Planning Director Gerschler stated the owner of the property has indicated to the Planning Commission that he is going to come back with some new ideas which the Commission is anxious to hear. MAYOR MORGAN asked City Manager Gill about the opening of the pool, saying he has received numerous comments from citizens relative to its opening. City Manager Gill stated the pool was closed to caulk the bottom under a contract, with $120,000 State Grant, to refurbish the pool and also install solar heating; in order to do the pool portion it has to dry out for 30 days; unfortunately when it closed down, and it was closed down during the winter time rather than in the summer, the rains did not permit it to dry out for 30 days; it now looks like March 1st they will be able to start the caulking; once that's done the water can be put in and staff can heat the pool under normal process. MAYOR MORGAN asked why the pool was closed down at the first of December and now it won't be open until the first of April or May; why would you authorize that until the contract was ready. City Manager Gill stated the contract was ready to move ahead and do the work, the problem was letting the pool dry for a good month or so; Mr. Biggs was the one that set the timing on the pool. Mayor Morgan stated that's a good excuse, you need to say, "this is what I'm doing", instead of blaming everyone else. City Manager Gill stated he's not blaming anybody, he is concurring with it, but the timing was set by Mr. Ballard's office and the Engineer who is doing the work for the City. Moved by Morgan, we look into this contract and see how legal a contract we got between the City and the City Manager. Died for lack of second. Mayor Morgan stated we need to know if we have to pay $33-35,000 to relieve a man that works for the Council. VICE MAYOR CAMACHO stated the Mayor is going to have to consider the fact that there are three members of the City Council that don't see eye -to -eye with him in reference to the City Manager; and no matter what you want to do; whether you want to dance on this counter, you're not going to change that; you might as well figure that we're going to have to work and do the best that we can and work real hard at it, and everything will turn out fine. Mayor Morgan stated he's going to get 2/13/79 101 a copy of the contract and find out if it's signed and where we stand on it. Vice Mayor Camacho stated a report should be received from the people in charge of the swimming pool as to the reason why it has been prolonged and delayed; the man in charge of this is Mr. Biggs who does an excellent job; why don't we ask him of the exact date that he chose to close the pool. COUNCILMAN VAN DEVENTER stated he had something happy to report; last year the City had the National City Pony League Tournament; there were problems in getting support and differences in loaning money to put on the tournament; he was involved and believed in it; tonight, he would like to give a check in the amount of $4,000 which is the League's obligation (presented check to Mayor). Councilman Van Deventer stated fund raising can be done from the private sector; all members who worked on the committee did an outstanding job and they paid back every cent to the City. Moved by Morgan, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:16 p.m. (7) CITY CLE CITY F NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council on Feb. 27, 1979. Corrections GINo rrections CITY OF NATIONAL CITY, CALIFORNIA 2/13/79