HomeMy WebLinkAbout1979 02-27 CC MIN108
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
FEBRUARY 27, 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: Ballard, Campbell,
Gill, Hoffland, 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.
APPROVAL OF MINUTES
Moved by Van Deventer, seconded by Camacho, the minutes of the regular
meeting of February 13th and the special meeting of February 19th be
approved. Carried by -unanimous vote.
PRESENTATION
MAYOR MORGAN introduced Terry Hart, candidate for Chief of Police for
the City. MR. HART introduced his family and friends present in Council
Chambers. Moved by Van Deventer, seconded by Camacho, we appoint Terry
Hart as new Police Chief of the City of National City effective March
19th, 1979. Carried by unanimous vote.
PUBLIC ORAL COMMUNICATIONS
MIKE SHAUF, contractor for Joe Lyons who is building a welding shop at
15th and Wilson was present to request permission to have their new
building encroach 6" onto the required 4' landscape area to allow them
to clear the encroachment from the adjacent building to his property.
Mr. Shauf stated presently there is a 4' setback as required on the 15th
Street side; the existing building giving them a problem is to the south
and actually encroaches onto Mr. Lyons' property by approximately 18";
there is a time element involved in this request; Mr. Lyons is anxious
to get his construction started, Mayor Morgan stated he spoke to the
City Attorney regarding this and he suggested this be referred to staff
for study with a report brought back to Council next week. CITY ATTORNEY
MCLEAN stated he understands what the gentleman's problem is, and although
it may seem like a simple thing for Council to approve this, he is not
in a position to respond to this question this evening and would recommend
staff look at it. Moved by Morgan, seconded by Waters, we refer this
problem to the staff. Carried by unanimous vote,
Mayor Morgan called a five minute recess at 7:37 p.m. to give those present
an opportunity to meet the new Police Chief and his family.
The meeting reconvened at 7:55 p,m. Council members present: Camacho,
Dalia, Van Deventer, Waters, Morgan. Absent: None.
Mayor Morgan called an Executive Session on personnel matters at 7:56 p.m.
Council reconvened at 8:37 p.m. Council members present: Camacho, Dalia,
Van Deventer, Waters, Morgan. Absent: None.
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Van Deventer, these Resolutions be presented
by title only. Carried by zo o„$
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Resolution No. 12,989, "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN CITY OF NATIONAL CITY AND MARGARETE L. SHAMPO FOR CONSTRUCTION
OF 5-FOOT HIGH RETAINING WALL ADJACENT TO 3100 BLOCK OF EAST 2ND STREET."
Moved by Van Deventer, seconded by Waters, Resolution No. 12,989 be
adopted. Carried by unanimous vote.
Resolution No. 12,990, "RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC HEALTH, SAFETY, OR WELFARE REQUIRE THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT ON "D" AVENUE BETWEEN 12TH AND 16TH STREETS,
DISTRICT 10." Moved by Van Deventer, seconded by Waters, Resolution No.
12,990 be adopted. Carried by unanimous vote.
Resolution No. 12,991, "RESOLUTION AUTHORIZING EXECUTION OF CORPORATION
QUITCLAIM DEED TO LAS PALMAS PARK VILLAS, LTD." Moved by Waters,
seconded by Van Deventer, Resolution No. 12,991 be adopted. Carried by
unanimous vote.
Resolution No. 12,992, "RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION
IMPROVEMENT AGREEMENT (Las Palmas Park Villas, LTD)." Moved by Van
Deventer, seconded by Waters, Resolution No. 12,992 be adopted. Carried
by unanimous vote.
Resolution No. 12,993, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY CALLING FOR PROPOSALS TO PROVIDE LOCAL BUS SERVICE AND
MTDB CAPITAL ASSISTANCE." Moved by Camacho, seconded by Dalla, Resolution
No. 12,993 be adopted. Carried by unanimous vote.
ORDINANCES FOR INTRODUCTION (first reading)
Moved by Dalla, seconded by Van Deventer, these Ordinances be presented
by title only. Carried by unanimous vote.
Ordinance No. 2/27/79-1, "An Ordinance Pursuant to Land Use Code of the
City of National City, California (ZC-16-78, to rezone from Density 15
to Density 10 the properties bounded by 20th Street, "L" Avenue, 21st
Street, and the north -south alley in block between Highland Avenue and
"I" Avenue) ."
Ordinance No. 2/27/79-2, "An Ordinance Pursuant to Land Use Code of the
City of National City, California (ZC-1-79, to rezone from CBD [Commercial
Central Business District] to RT [Residential Two Family] the properties
at 824-32 East 28th Street, and 2806, 2816, 2824- 25, 2828-40 "I" Ave.)."
ORDINANCES FOR ADOPTION
Moved by Dalla, seconded by Van Deventer, these Ordinances be presented
by title only. Carried by unanimous vote.
Ordinance No. 1666 (2/2409-4), "AN ORDINANCE ESTABLISHING A SPECIFIC
PLAN [SP-1-79] FOR THE LOCATION OF STREET RIGHT-OF-WAY FOR FIG COURT
WEST OF GILBERT LANE." Moved by Camacho, seconded by Van Deventer,
Ordinance No. 1666 (2-29-;9-1) be adopted. Carried by unanimous vote.
Ordinance No. 1667 (a/29/9-2), "AN ORDINANCE OF THE CITY OF NATIONAL CITY
AMENDING TITLE 17 OF THE MUNICIPAL CODE, SUBDIVISIONS, TO ADD A PARCEL
MAP WAIVER PROCEDURE WHERE ALL REQUIRED PUBLIC IMPROVEMENTS ALREADY
EXIST." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1667
(2129/;9-2) be adopted. Discussion. Carried by unanimous vote.
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION of WARRANT
REGISTER NO. 33, dated February 20, 1979, in the amount of $75,295.14
(Warrants Nos. 64224 through 64268) and PAYROLL for the period ending
February 15, 1979, in the amount of $168,094.02 was presented. Moved by
Dalla, seconded by Camacho, the demands be ratified and payroll confirmed.
Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van
Deventer, Waters, Morgan. Nays: None.
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The City Engineer's recommendation to approve the DRIVEWAY at 1852 E. 9th
Street, Drosi, (the property owner requests approval of a 20' driveway
across 100% of his property frontage) was presented. Moved by Dalla,
seconded by Camacho, in favor of staff's recommendation. Carried by
unanimous vote.
The City Engineer's recommendation regarding 1911-1931 ACT, HARDING
AVENUE and 21st Street (the Council initiated the subject 1911 Act at
their meeting of 2/6/79; design drawings indicate extensive fill
operations are required at a correspondingly high cost; staff recommends
the 1911-1931 Act be postponed until sufficient fill materials have been
stockpiled on adjacent City lands, this would allow for a substantial cost
saving to the City and adjacent benefitted property owners) was presented.
Moved by Waters, seconded by Camacho, in favor of staff's recommendation.
Discussion. Carried by unanimous vote.
The City Engineer's recommendation to authorize IMPROVEMENT OF EDGEMERE
AVENUE adjacent to Sweetwater Town & Country (Edgemere Avenue was
originally constructed in the late 1880's as a ford across Sweetwater
River; it has been improved several times, but never raised above even
minor storm water levels; plans have now been completed to raise Edgemere
Avenue some four feet adjacent to Sweetwater Town & Country Shopping
Center; this will provide protection for motorists from approximately the
10-year storm flow; improvements are estimated to cost $110,000; funds
are available in Fund 10, Section 2106 Gas Tax Funds Unbudgeted Reserves;
at the time bids are received a recommendation for appropriation will be
made) was presented. City Engineer Hoffland stated this project will
not affect the golf course; staff has planned to do work on Edgemere for
several years and everytime they get into budget sessions it appears that
Rte. 54 and the flood channel are not too far off; in January of this
year the State Fish & Game issued their complaint against the project on
the basis of endangered species; under the new Endangered Species Act the
Governor has to appoint a representative to review projects which would
affect endangered species, this means the City would have to have a solid
front on the California level before the project could move forward to
Congress. Moved by Morgan, seconded by Waters, we approve staff's
recommendation. Councilman Van Deventer stated that among the recommend,
ations coming before CPO is Highway 54 which is finally up to the State
side under the four year area; if the politicians don't shoot clown the
project, we may have a chance. City Engineer Hoffland stated should
Rte 54 go through bridges will be cut through and the City needs to meet
the grades of these future bridges. Councilman Dalla stated this one
little area has done more to create a negative image of the City than a
lot of other things combined. Councilman Van Deventer directed City
Engineer Hoffland to contact Bud Briggs, who has had problems with
flooding in this area, and inform him that the City is moving in his
direction. Motion carried by unanimous vote.
OTHER BUSINESS
CIVIL SERVICE COMMISSION
The Civil Service Commission's recommendations regarding AMENDMENTS TO THE
CIVIL SERVICE RULES (at a public hearing 2/8/79 the Commission voted to
recommend to Council the deletion of the following Sections from the
Civil Service Rules; [1 Rule III, Section 312a, Permanent Employee
Preference Points; and, �2] Rule III, Section 313, Veterans Preference;
no one appeared before the Commission and no letters were received by the
Commission to dispute these changes) was presented. Mayor Morgan
recognized HELEN COBB, Chairperson, Civil Service Commission, who was
present in the audience. Mrs. Cobb stated the Veterans Preference has
pretty well served its usefulness; it was put into operation at a time
when men had been taken from schools and jobs and needed a "leg -up" to get
back in to the labor market; the years have passed when conscription was
a way of life and therefore it is felt that this has lived its day.
Moved by Van Deventer, seconded by Waters, in favor of the Civil Service
recommendation to delete these two items. Carried by unanimous vote.
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111
CITY CLERK
City Clerk Campbell's report of opening of sealed bids, alley, "A" Avenue
and "B" Avenue, 20th to 21st Street, Assessment District 196 (bids were
opened 2/21/79 at 3:00 p.m., two bids were received, Sapper Construction,
$14,918.00; T.B. Penick & Sons, $15,454.44) was presented. Ordered filed
by unanimous vote.
CITY MANAGER
Soliciation of alternatives for LOCAL BUS SERVICE within National City.
City Manager Gill stated this item was covered under the adopted
Resolution No. 12,993. (See page 109)
CITY ATTORNEY - No report.
OTHER STAFF - No report.
MAYOR - No report.
CITY COUNCIL
COUNCILMAN VAN DEVENTER stated Supervisor Roger Hedgecock at the CPO
made a recommendation to all local elected representatives to think about
reducing total federal money that is received by 5.5% for the coming
year (to help reduce the federal deficit); tl-efunty alone represents
$3,000,000.00, which would be $16.5 million/reduction; he doesn't know
how this would affect our City but wants Council to be aware of this
recommendation; the City Manager's staff can come back with a report
regarding this. Mayor Morgan stated he is not in favor of cutting one
dime out of the City's portion unless the rest of the country follows
suit. Moved by Van Deventer, seconded by Camacho, we refer this to staff.
Carried by unanimous vote. Mayor Morgan said he believes Supervisor
Hedgecock was completely out of bounds in his comments about people
building in the flood zone not being qualified to receive federal funds.
COUNCILMAN VAN DEVENTER stated at CPO, they had Application 40 from
the City of National City for Small Cities Discriminating Grant and also
the Development Block Grant for 1979, which the CPO passed.
COUNCILMAN WATERS stated everyone is talking about redevelopment in the
City; it seems the City itself is not doing any projects anymore; the
Redevelopment Agency is doing it all; we should come up with some major
projects for the City to do itself. Mayor Morgan stated the City has
done a lot of major projects; there was $1,000,000.00 drain, sewers,
streets coverage, etc.
Mayor Morgan called a ten minute recess at 9:05 p.m.
Council reconvened at 9:18 p.m. Council members present: Camacho, Da11a,
Van Deventer, Waters, Morgan. Absent: None.
Mayor Morgan called an Executive Session on personnel matters at 9:19
P•
m.
Council reconvened at 9:45 p.m. Council members present: Camacho, Dalia,
Van Deventer, Waters, Morgan. Absent: None.
COUNCILMAN DALLA stated conditions that currently exist should not and
cannot be permitted to continue; for the sake of everyone concerned, in
the best interests of the City and to bring harmony among members of the
City Council and Staff and the City at large1he would make a motion.
Moved by Dalla, seconded by Camacho, that we ask the City Manager to
resign subject to the City paying to the City Manager a 7-month (12-meeth)
lump sum cash severance payment as prescribed in the employment agreement
dated November 8, 1977, in addition to any earned and accrued pay and
allowances, and such resignation to be effective 3/15/79, upon payment of
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aforesaid sums; further, the City Manager is to remain available on a
part time consulting basis during the aforementioned twelve-month period
to advise and assist the City as needed; and further, the City Attorney
is instructed to prepare a written memorial of this understanding and
that this Agreement is not effective til such a written agreement is
executed by the Attorney and Manager; and further, that Resolution No.
12 994 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS FOR PAYMENT OF SEVERANCE
PAY TO THE CITY MANAGER," be adopted, seconded by Camacho. Moved by Van
Deventer, seconded by Waters, the motion be amended to seven -months
from twelve -months. Amendment to the motion carried by unanimous vote.
Moved by Dalla, seconded by Van Deventer, the motion as amended be
adopted. Carried by unanimous vote. Moved by Camacho, seconded by
Waters, Mr. Thomas McCabe be made our City Manager and that Mr. Ronald
Ballard be promoted to the Assistant City Manager's position, immediately.
Carried by unanimous vote. Councilman Van Deventer and Dalla extended
their appreciation and thanks to Mr. Gill. Vice Mayor Camacho said he
will make his feelings known to Mr. Gill and to his family personally.
Moved by Camacho, seconded by Waters, the meeting be closed. Carried by
unanimous vote. The meeting closed at 9:50-p.m.
CITY CLERK
CITY F NATIONAL CITY, CALIFORNIA
The foregoing minutes were approved by the City Council on March 13, 1979.
No corrections 0 Corrections
OR
CITY OF NATIONAL CITY, CALIFORNIA
2/27/79