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HomeMy WebLinkAbout1976 06-22 CC MIN116 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL. CITY, CALIFORNIA June 22, 1976 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, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager Bourcier followed with invocation by the Rev. Dale Barizo, Paradise Valley 7th Day Adventist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Reid, the minutes of the regular meeting of June 1, 1976 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation, "GOD BLESS AMERICA WEEK," July 1-7, 1976. Moved by Reid, seconded by Pinson, the proclamation be adopted. Carried by unanimous vote. MAYOR'S APPOINTMENTS - None. ORAL COMMUNICATIONS MARION COOPER, 91 Shasta Street, Chula Vista was present (representing the National City Community Rodeo Association) and requested the custodial fees be waived for the Community Building for the Queen Rodeo Dinner to be given June 25; this is a non-profit organization and they are trying to raise money for the youth of National City. Mayor Morgan stated it is City policy not to waive custodial fees because it is a direct cost to the City, if you don't pay it, we have to. Councilman Dalla explained to Mr. Cooper that within the last year Council has updated the policy of renting the buildings and before that there wasn't an established policy. Moved by Pinson, the fee be waived. Motion died for lack of second. RON MAZE, 1418 E. 7th Street, National City was present and spoke regarding current budget considerations. Mr. Maze stated he had received a death threat. City Attorney McLean suggested he contact the Police Department concerning this. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, these Resolution bepresented to Council by title only. Carried by unanimous vote. Resolution No. 12,074, "RESOLUTION ACCEPTING WORK AND CONFIRMING SPECIAL ASSESSMENT FOR RECOVERY COSTS TO DEMOLISH UNSAFE BUILDING AT 415 ROOSEVELT AVENUE." Moved by Camacho, seconded by Reid, Resolution No. 12,074 be adopted. Carried by unanimous vote. Resolution No. 12,075, "RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP - BONITA GREENS, 3700-3800 BLOCK SWEETWATER ROAD, SOUTH SIDE (CALMOOR HOMES, INC.)." Moved by Reid, seconded by Pinson, Resolution No. 12,075 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: Morgan. Resolution No. 12,076, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA OPPOSING CERTAIN PROPOSED AMENDMENTS TO AIR POLLUTION CONTROL DISTRICT RULE 20.1 AND URGING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO DEFEAT IT." Moved by Pinson, seconded by Reid, Resolution No. 12,076 be adopted. Carried by unanimous vote. 6/22/76 117 Resolution No. 12,077, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ANNOUNCING ITS INTENTION TO DISPOSE OF CERTAIN REAL PROPERTY AND MAKING RELATED FINDINGS (Northeast Corner of Sweetwater Road and Grove Street)." Moved by Reid, seconded by Camacho, Resolution No. 12,077 be adopted. Motion failed by the following vote, to -wit: Ayes: Camacho, Reid. Nays: Dalla, Pinson, Morgan. 12,079 Resolution No. 12394 "RESSOLUTION AUTHORIZING EXECUTION OF CORPORA- TION QUITCLAIM DEED (A Portion of 12th Street West of Interstate 805)." Moved by Reid, seconded by Camacho, Resolution No. 123078 2,079 be adopted. Carried by unanimous vote. 12,078 Resolution No. 1200 "VACATION OF A PORTION OF TWELFTH STREET ADJACENT TO AND ABUTT NG 1911 EAST TWELFTH STREET AND THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 805 AT TW ; 8STREET." Moved by Pinson, seconded by Reid, Resolution No.,12 ** be adopted. Carried by unanimous vote. p Resolution No. 12,080, "RESOLUTION AUTHORIZING CHANGE TO CIVIL SERVICE RULE III SECTION 314 - BILINGUAL CREDIT, AS RECOMMENDED BY THE CIVIL SERVICE COMMISSION." Moved by Camacho, seconded by Dalla, Resolution No. 12,080 be adopted. There was discussion. DORIS MCKINNEY, Chairman, Civil Service Commission, was present and stated they already give points for the civil service examination for employees, and also Veterans preference points; wei usel to give and still will if this Resolution goes through, preference points to anyone conversant in the Spanish language; what they are trying to do is come more within the concept of what a bilingual person really should be -- and that is if the bilingual person is necessary for a particular job, then the Civil Service Commission can authorize those points; but this doesn't necessarily mean that they will; this bilingual credit will only amount to two points and will have very little effect on the final scoring; as it stands right now you give it to everyone who wants it; what they are concerned : with is are they violating the law; there seems to be a law. involved in this that possibly giving the Civil Service applicant two points because he speaks Spanish -- the way the law is written the City could very well be in violation of the letter and spirit of the law on Affirmative Action. There was further discussion. Motion carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid. Nays: Pinson, Mo_.gan. Resolution No. 12,081, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING COMPENSATION ADJUSTMENTS FOR THE MUNICIPAL EMPLOYEES ASSOCIATION, FIREFIGHTERS ASSOCIATION, EXECUTIVE EMPLOYEES, MANAGEMENT EMPLOYEES, UNREPRESENTED EMPLOYEES AND UNCLASSIFIED/ PART-TIME EMPLOYEES FOR THE 1976-77 FISCAL YEAR." Moved by Pinson, seconded by Camacho, Resolution No. 12,081 be adopted. TOM BOHLER, President of the Firefighters Association of National City was present and spoke of the tactics used by management while in salary negotiations; the Firemen felt that their request for a salary increase of 5% would keep them within reasonable limits of the economy, and would not be asking the City to sacrifice a great deal; they felt management's veiled threats and demands very destructive to any constructive work. Mr. Bohler stated that last year the Fireman's negotiating team had facts and figures to substantiate a much better raise than they received; it did no good; this year they. know the assessed evaluation is up 50.3 ; car sales increased approximately 17% over last year; property taxes have increased; Council has eroded the Civil Service Commission and that the employee association groups would probably take an active role politically in the City in the future; they would like to see five individual men vote for the welfare of the City letting their own conscience be their guides. MIKE GALLAGHER, President of the Municipal Employees Association was present and stated that the Association had expressed to the Council their feeling that it was unfair to let the designated employees go; they further feel that if the City is so broke that they can only offer a 2% increase, then the City needs it more than .the employees and they can keep it to 6/22/76 118 use to retain the eight employees deleted from the budget; the association is deeply concerned about the services provided by the City, the Council is cutting it back to nothing. DODGE DEAN, consultant to the Municipal Employees Association was present and stated this afternoon members Of,the Association (representing all miscellaneous employee classifications) rejected the City's June 15 ultimatum, and will proceed further into negotiations by any legal means at their disposal; the important thing is that the employees are willing to forego their offered increase in the interest of people that Council is determined should be terminated in September Motion carried by -the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. PUBLIC HEARING The HEARING on adoption of the NATIONAL ELECTRICAL CODE, 1975 Edition, as amended, establishing requirements, rules and standards for electrical installations and materials: amending Ordinance No. 1327 and Chapter 15.24 of the Municipal Code of the City of National City was presented. City Clerk Campbell stated the Certificate of Publication is on fil. STAN BIGGS, Director of Building & Housing was present and stated the staff recommendation is that Council adopt the 1975 Edition of the Nati nal Electric Code, it is State law and has been for several months; basically there are no changes from the adopted Code with the exception that they have eliminated the use of knob and tube wiring and the reasonfor that is that we can no longer purchase those materials; a second change is that we've eliminated the use of BX electric cable. The fees remain the same as they were previously with one exception and that's on rewiring existing buildings, the fees have been lowered slightly; basically we are comp4.1%,with SB2300 Statg.law that says we shall adopt e was_ present in is regara. the Codes as pUBlined s. / Moved by amacho, seconded by Reid, this Hearing be closed and that we adopt the National Electric Code, 1975 Edition. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE to rezone from CH-PD and CA-PD-. to ML, the CH-PD and CA-PD zoned properties between 18th and 22nd Streets and between Harding and Roosevelt Avenues (2C-5-76) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication are on file, and a letter in opposition to the proposed zone change had been received from Richard S. McCune, Jr. Planning Director Gerschler stated the Planning Commission recommends in favor of this zone change; this is the property that has been identified as Phase II of the Christman Industrial Park; it was originally classified for very limited types of automotive related uses and the Planning Commission has recommend- ed light manufacturing. Moved by Pinson, seconded by Camacho, the Hearing be closed and the Planning Commission's recommendation be approved. Carried by the following vote, to -wit: Ayes: Camacho Dalla, Pinson, Reid. Nays:. None. Abstain: Morgan. The HEARING on SPECIFIC PLAN for 4th Street east of Rachael Avenue, Shell Avenue and Thelma Lane was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing •are on file. Planning Director Gerschler stated the Planning Commission held several meetings and hearings on this and considered several alternatives; the case was originated in the City Engineer's office; it would have allowed a company to not only -- 1911 Acts, but possible subdivision, lot splits and other development projects in the area; the Planning Commission recommends in favor. MARK MARSHALL, who works for John Sedlack, was present and stated Mr. Sedlack owns a three and half acre parcel that the adoption of this plan would influence greatly; they were notified of one hearing prior to this one which Mr. Sedlack was unable to attend, so they are not sure what this all means; if this is adopted does it mean we will be dedicating the street around that perimeter? Mr. Gerschler stated it did not unless they subdivide or apply for some sort of special permit. Mr. Marshall stated they feel the adoption is premature and that Shell Avenue which is part of the proposal -- some other type of street arrangement might become necessary in the future; they would like to 6/22/76 119 have more time to study this. Moved by Camacho, seconded by Reid, this Hearinp be continued to July 6,at 7:45 p.m. Carried by unanimous vote. The HEARING on SPECIFIC PLAN for portions of National, "B", "D", "E", "F", "G" and Highland Avenues and 1st, 2nd, 3rd, 4th, 7th, and 8th Streets was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing are on file. Planning Director Gerschler stated this Hearing and the following one concerns streets .that have already been improved but have never been dedicated; by adopting a Specific Plan whenever a building project is allowed, the dedication of those streets can be accommodated; the Planning Commission recommends in favor of this plan. MARY VALLEJO, 125 B Avenue was present and stated she doesn't know exactly what this is about and would like to receive more information. Planning Director Gerschler stated the adoption of this does just one thing, it tells us what property would have to be dedicated. Moved by Camacho, seconded by Reid, we continue this hearing to July at 7:45 p.m. and in the meantime the City Engineer could meet with Mrs. Valle,jo and explain how this would affect her. Carried by unanimous vote. The HEARING on SPECIFIC PLAN for portions of Highland and "J" Avenues, and portions of Melrose, 3rd, 4th and 8th Streets was held at this time. City Clerk Campbell stated the Certificate of Publication and City Clerk's Affidavit of Mailing are on file. Planning Director Gerschler stated this is exactly the same type of cam erTe tpx.pg2hif meihnerg6 kpl.ng Commission recommends in favor. /Moveeby Pinson, secondea By Camacho, the Public Hearing be closed and the Specific Plan be approved as recommended by the Planning Commission. Carried by unanimous vote. INTRODUCTION OF ORDINANCES (first reading) Moved by Camacho, seconded by Reid, these Ordinances for first reading be by title only. Carried by unanimous vote. Ordinance No. 6/22/76-1, "An Ordinance Amending the Land Use Code of the City of National City (ZC-1-76, Zone Change to rezone from RM-1 to RS-2-PD A Portion of the Property Located at 3700-3800 Block Sweetwater Road - Calmoor Homes)." ADOPTION OF ORDINANCES (second reading) Moved by Camacho, seconded by Reid, these Ordinances be presented by title only. Carried by unanimous vote. Ordinance No. 1512 (4/14/W6-1), "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING THE NATIONAL. ELECTRICAL CODE, 1976 EDITION, AS AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS: AMENDING ORDINANCE NO. 1327 AND CHAPTER 15•24 CF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Pinson, Ordinance No. 1512 (g./-1) be adopted. Carried by unanimous vote. Ordinance No. 1513 (4/1A/q6-1), "AN ORDINANCE AMENDING THE LAND USE CODE OF THE CITY OF:NATIONAL CITY (2C-4-76, ZONE CHANGE TO MAKE FIVE AMENDMENTS TO THE ZONING MAP AND RESIDENTIAL DENSITY MAP)." Moved by Camacho, seconded by Reid, Ordinance No. 1513 (4Ag/q4-i) be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: Pinson. REPORT OF CITY ATTORNEY - No further report. NEW BUSINESS The PRELIMINARY BUDGET (preliminary budget amended to include the action of the Finance Committee at their meeting of June 10, 1976) was presented. Moved by Pinson, seconded by Reid, we approve the 6/22/76 120 Preliminary Budget,, as submitted by the City Manager and Finance Committee, with the following modifications: (1) the vacant Library Clerk's _position will remain unfilled) (2) a Planning Aide will be laid off; (3) a Police Department Photo Technician will be laid off; (4) the position of Director of Parks and Recreation will be abolished; (5) the position of Personnel Officer will be abolished; (6) the position of Assistant Fire Chief will be abolished and a third Batallion position be created; (7) there be imposed a hiring freeze on all departments; (8) the City Manager will study and report to the Council the possibility of inter -departmental transfers to achieve further economies; 19) all layoffs and position abolitions be effective September 1, 1976. Councilman Dalla stated he realized the City is in difficult financial straits at the present time, but he takes issue with the way this has been handled thus far; he believed adequate steps could be taken to adjust the City's budget and payroll without sacrificing intelligent or compassionate consideration of the consequences of our actions; he could not support the motion as stated and would therefore vote against it. GENE ERNSTER, 1724 La Posada, National City was present and stated that it is quite apparent that members of the Council are not taking into consideration the feeling of the people, the taxpayers of National City; these budget cuts are on the ridiculous side; I plan to work in every way possible to get these ax jobs stopped; I think it's unfair and very unrealistic. BERNICE MEIER, 3420 Tolas Court was present and spoke to the Council regarding the layoffs, particularly that of Director of Parks and Recreation; the Council has always prided themselves on the theory that this was one City were people were important; it grieves me to learn that people are no longer the first concern, surely there must be other ways of balancing the budget without laying off eight people, particularly Mr. Maley who has devoted himself full time to the park and recreation program. Mrs. Meier stated that she understands the problems of balancing the budget by eliminating positions, she works for an organization that goes by the theory that you must have X number of dollars of revenue for each salaried employee; during the past two years there have been cuts, even in management, particularly in the National City office, the results have been continued loss of revenue due to ongoing inexperience -- people being overworked and not having the efficiency that we should have. BERNARD L. TRAEGER, 516 E. 24th Street, was present and stated he is a member of the Parks and Recreation Advisory Board. Mr. Traeger stated he originated a news bulletin to the Council and was criticized for releasing copies to the media, but he was led to believe this was the only Way to do business; he had gone to a Advisory Board meeting one night and found that the budget had been augmented by $110,000.00, so they worked to further advise that that $110,000.00 increase could be put to better use; they found out later that their advice was unheeded and their Director had been fired; now I ask, who and how de we advise. MARY HOLTHAUS, 1233 Palmer Way, was present and addressed Council regarding the advantages the children have received through the Parks and Recreation Department with Mr. Maley as its head and mentioned that Mr. Maley was one of the few department heads who live in the City. CHUCK HOWREY, 305 J Avenue, was present and stated in the ten years that he has been involved in Boys Baseball in the City, Mr. Maley has given 100% support, and I can't see how you can take a department head and eliminate the job after eleven years. RICHARD KNUTSON, 2210 J Ave., National City was present and stated that he could echo Mrs. Holthaus' statements about department heads that live in National City, these people have felt that it was important to live in the City they serve; they have talked &tout giving bonus points to employees because of bilingual abilities, maybe some of these employees should have bonus points because they live within the City; if the employees are incompetent they should have been fired long ago, if they are competent they could possibly be shifted to another position; perhaps through normal .attrition we can keep these people on. DORIS MCKINNEY, Chairman, Civil Service Commisdon, 120 Valva Avenue,0 was present and spoke about the tennis courts at El Toyon Park; she asked people who played there where they came from and found very few people were from National City, most of them were from San Diego; she asked V22/76 121 if it would be possible to charge a fee to use the court to people outside the City. Mrs. McKinney urged Council to reexamine the budget to see if there wouldn't be some way of keeping these people employed; the Civil Service Commission would have likdd to be let in on what was going to happen to these people; these people are now talking about bringing in the Teamsters Union, if they can't get representation from the Civil Service Commission, this worries me. Councilman Pinson stated that he was elected to serve 44,000 people, not just the people of the work force, and I believe that I'm doing that to the best of my ability as far as trying to conserve; we are spending $461,000.00 of revenue sharing money, and that is not bringing in a balanced budget; you have to start somewhere and 71% of this budget is people, 297 goes for maintenance and material and capital outlay; the. tennis courts have been eliminated from the budget; we can't cut the gasoline, the auto- mobiles, the eqipment; I feel letting these people go helps balance the budget. Mayor Morgan stated that the Board of Superviosrs eliminated 500 employees, and most other cities are going to do the same; we're eliminating five people and that will help balance the budget; it's very sad that we have to give the employees 2%, we're going to have to get ready to get these people up-to-date on pay or there going to go somewhere else; the budget is balanced because/Revenue Sharing funds and that is not balanced, using those funds; people outside the City have forced us into this situation; if the people in the Bonita area hadn't forced us to stop building the Bonita Shopping Center we wouldn't have been in this situation; next year we're going to have to take care of our employees. Mrs. McKinney stated that the City has a group of very unhappy employees; the Civil Service Commission has been totally eroded; twelve years ago when she came on the Commission they decided whether or not the exam for department head would be open or closed, now that has been taken away by Ordinance; if the employees aren't going to get any representation from the Civil Service Commission, they are going to go somewhere else. DEAN TALLEY, 1443 Manchester, National City was present and stated that he's the City's public works supervisor; possibly they could consider another $13,000, since they lost an employee today, one that was notified: he was going to be laid off, so he left. GENE ERNSTER, 1720 La Posada,spoke again regarding Mayor Morgan's remark concerning the Board of Supervisor's laying off 500 people, this is not true, they have eliminated these positions from the budget, and they arecutting down through natural attrition -- which is something this City could do. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla. The Finance Director/City Treasurer's request for RATIFICATION of WARRANT REGISTER NO. 51, dated June 22, 1976, in the amount of $57,131.58 (Warrants Nos. 54889 through 54941) and PAYROLL for the period June 1-15, 1976 in the amount of $156,678.26 was presented. Moved by Reid, seconded by Camacho, the payroll be made and warrants drawn. Carried by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. A CLAIM FOR DAMAGES from TEODORA PERAZA was presented. Moved by Pinson, seconded by Camacho, this be denied and referred to the City Attorney. Carried by unanimous vote. The Director of Public Works recommendation of award of bid to Perry Electric for TRAFFIC SIGNALS at 18th and "L" and the City Clerk's report on opening of sealed bids for same (Perry Electric, $16,636.00; Arrow Electric, $17,504.00; Select Electric, $19,563.00) were present- ed. Moved by Reid, seconded by Camacho, this be approved. Carried by unanimous vote. •�--- A request from the CHURCH OF GOD OF PROPHECY to use a bus to promote VACATION BIBLE SCHOOL was presented. Moved by Reid, seconded by Camacho, this be approved. Carried by unanimous vote. WRITTEN COMMUNICATIONS LEAGUE OF CALIFORNIA CITIES Legislative Bulletin #25-1976, dated June 18, 1976 was presented. Ordered filed by unanimous vote. 6/22/76 122 REPORTS CITY MANAGER - No report. COUNCIL COMMUNICATIONS VICE MAYOR REID spoke regarding trees that are buckling sidewalks in some areas of the City. Moved by Reid, seconded by Pinson, this be referred to the Street Tree Committee for•.a report. Carried by unanimous vote. COUNCILMAN DALLA spoke regarding the budget adopted this evening; it has an effect on CETA, but not as large an effect as it:=might have; it might be a good time right now to indicate the positions that were in jeopardy, how many of them in fact are and what are not. City Manager Bourcier stated by the Council's actions this evening there will be no laborers laid off, there will be no clerk -typists laid off, the CETA positions that will be lost will be the Administrative Aide in Personnel and the Administrative Aide in Planning and the Administrative Aide in the Library. COUNCILMAN DALLA stated that there are a great many activites planned for the Bicentennial and it .may be appropriate for people to pause their own way and silently contemplate what the Bicentennial means to them. MAYOR MORGAN spoke concerning where single family homes are down a street -- and asked are we doing any more work on restricting the building of apartments next to them? Planning Director Gerschler stated the Urgency Ordinance will take care of that problem. MAYOR MORGAN spoke regarding the amount of land being used for warehousing saying if this is not watched there could be one on every corner and the big trucks could present a problem. Moved by Morgan, seconded by Camacho, the Planning Department make a study of this and brine back.a report to Council. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meeting be adjourned to July 69 1976. Carried by unanimous vote. The meeting adjourned at 9:00 p.m. City Clefk City f National City, California The foregoing minutes were approved by the City Council of the City National City at the regular meeting of July 20, 1976. DNo corrections ElCorrections as noted below City of National City, California Corrected by City Council action 7/27/76: Page 117, change numbers of Resolution (Par. 2), "RESOLUTION AUTHORIZING EXECffION OF CORPORATION QUITCLAIM DEED" to Resolution No. 12,079; (Par. 3) "VACTION OF A PORTION OF TWELFTH STREET..." to Resolution No. 12,078. 6/22/76