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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„$ 2/27/79 109 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. 2/27/79 110 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. 2/27/79 111 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 2/27/79 112 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