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HomeMy WebLinkAbout1976 09-28 CC MIN188 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA The regular meeting was called to order ROLL CALL September 23, 1976 of the City Council of the City of National City by Mayor Morgan at 7:30 p.m. Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Administrative officials present: Bourcier, Campbell, Gerschler, Hoffland, eLean . PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION The meeting was opened with pledge of allegiance to the flag led by City Manager Bourcier followed with invocation by the Rev. Alan Sackett, Paradise Valley Hospital. APPROVAL OF MINUTES The City Clerk reported the minutes of the regular meeting of September 21 and the adjourned meeting of September 21 held on September 27 were not ready. PRESENTATIONS AND PROCLAMATIONS The Mayor's proposed proclamation, "NATIONAL FIRE PREVENTION WEEK, October 3-9, 1976," was read. Moved by Reid, seconded by Camacho, the proclamation be approved. Carried by unanimous vote. ORAL COMMUNICATIONS MRS, EDITH HUGHES, 2525 L Avenue, was present and said she was chairman of the MISS NAVY CONTEST; the banquet was tomorrow night at the Community Building and cocktails would be served; insurance was impossible to obtain for one night use; since this was part of Salute to Navy Week events, could Council waive the insurance. Moved by Camacho, seconded by Reid, the waiver be granted. Councilman Dalla asked if the City would be assuming the liability. City Manager Bourcier said in the past the Chamber of Commerce sponsored this and it came under their insurance. Motion carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Reid, the Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,146, "A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR GRANT ASSISTANCE PURSUANT TO TITLE I OF THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (P.L. 94-369) FOR SEWER LINE RECONSTRUCTION." Moved by Reid, seconded by Camacho, Resolution No. 12,146 be adopted. Carried by unanimous vote. Mayor Morgan explained to the audience this federal public works bill would enable the City to replace worn-out sewer lines, the grant would be in the amount of $2,9 00,000. Resolution No. 12,147, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Plaza Village Center)." Moved by Pinson, seconded by Reid, Resolution No. 12,147 be adopted. Carried by unanimous vote. Resolution No. 12,148, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF 11TH STREET AND A PORTION OF TAFT AVENUE AT THE INTERSECTION OF 11TH AND TAFT AVENUE." Moved by Camacho, seconded by Reid, Resolution No. 12,148 be adopted. Carried by unanimous vote. 9/28/76 189 Resolution No. 12,149, "VACATION OF A PORTION OF ELEVENTH STREET LOCATED BETWEEN THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE FREEWAY 805 AND THE WESTERLY LINE OF PARADISE DRIVE". Moved by Reid, seconded by Camacho, Resolution No. 12,149 be adopted. Carried by unanimous vote. Resolution No. 12,150, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (CASA DE SALUD EXPANSION, Specifica- tion No. 803)." Moved by Camacho, seconded by Reid, Resolution No. 12 150 be adopted. Carried by unanimous vote. Resolution No. 12,151, "A RESOLUTION OF THE CITY .COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF FUNDS FOR IMPROVEMENT OF FOURTH STREET IN FRONT OF GRANGER HALL." Moved by Camacho, seconded by Reid, Resolution No. 120.51 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None. NEW BUSINESS The Director of Public Works' recommendation that street improvements on Fourth Avenue in front of Granger Hall be performed by contract was presented. City Manager Bourcier stated this was taken care of under Resolution No. 12,151. The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 12, dated September 28,1976 (warrants nos. 55694 through 55747 in the amount of $30,816.70) and PAYROLL for the period September 1-15, 1976 in the amount of $151,991.15 was presented. Moved by Camacho, seconded by Reid, Warrant Register and Payroll be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Morgan. Nays: None. Application for person transfer of OFF -SALE BEER AND WINE LICENSE tType 20) by the SOUTHLAND CORPORATION and DAVID WARD, dba 7-Eleven Store #1897, 3100 Plaza Boulevard, was presented. Moved by Pinson, seconded by Camacho, in favor of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining: Morgan. Application for person transfer ON -SALE BEER AND WINE EATING PLACE (Type 41) by MARIE L. GRIECO and HUGO R. WENDE, dba El Matador, 1135 Plaza Boulevard was presented. Moved by Camacho, seconded by Reid, for approval of the application. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid, Nays: None. Abstaining: Morgan. The Director of Public Works' recommendation of approval of ENCROACH- MENT REMOVAL AGREEMENT for encroachment of a concrete drive in Earle Drive at 1219 Earle Drive (OWENS) was presented. Moved by Pinson, seconded by Reid, in favor of the recommendation. Carried by unanimous vote. The Director of Public Works' recommendation of approval of ENCROACH- MENT REMOVAL AGREEMENT for encroachment of a retaining wall in Alston and Newberry Streets at 3334 Newberry Street (DEUEL) was presented. Moved by Reid, seconded by Pinson, in favor of the recommendation. Carried by unanimous vote. The Director of Public Works' recommendation of approval of an ENCROACHMENT REMOVAL AGREEMENT for encroachment of a brick wall in Biggs Court (ROBERTS) was presented. Moved by Reid, seconded by Pinson, in favor of the recommendation. Carried by unanimous vote. The Director of Public Works' recommendation for approval of EXEMPTION from requirements of Ordinance No. 1491 to install PAVING in 14th and 15th Streets (YOUNG) (14th and 15th Streets adjacent to the property have curbs and sidewalks; however, the pavement is not of a fully permanent structural section. The Young's frontage is only 25.04' in 9/28/76 190 length and the tempo axy paving is in satisfactory condition. Reconstruction of only 25.04' length may not be in the public interest. was presented. Moved by Reid, seconded by Pinson, the recommendation be approved. Carried by unanimous vote. The Director of Public Works' recommendation for approval of CHANGE ORDER NO. 1, contract with Walt's Blacktop & Paving for improvement of HEADQUARTERS FIRE STATION, was presented. Moved by Pinson, seconded by Reid, in favor of Change Order No. 1. Carried by unanimous vote. The CLAIM of LARRY L. VAN STEENBURG for damages to his van on September 22, 1976 was presented. Moved by Pinson, seconded by Reid, the claim be denied and referred to the City Attorney. There was discussion. Carried by unanimous vote. CONSENT CALENDAR Planning Commission Resolutions: Resolution No. 46-76, denying without prejudice an application for Conditional Use Permit to allow a drive-thru automotive tune-up facility at 1641 Highland Avenue (TUNE MASTERS), Resolution No. 47-76, approving an application for Variance to allow division of property to adjust the boundary line between two previously subdivided lots that will in effect intensify the nonconforming status of property at 915 N Avenue (G. MARION HUNT, REALTOR), Resolution No. 48-76, approving an application for Conditional Use Permit at 1925 Cleveland Avenue for electroplating (anodizing only) of machine parts (T.K. GEARHART), and Resolution No. 50-76 (not listed on Council Agenda), approving an application for Conditional Use Permit at 1309 Highland Avenue for the outdoor display and sale of merchandise (MILDRED C. HAAF'S INTERIORS) were presented. Moved by Pinsan, seconded by Reid, to apyrove the consent calendar including the Resolution for Haaf's. Carried by unanimous vote. WRITTEN COMMUNICATIONS A memorandum from the Assistant City Manager in regard to a proposed change to Civil Service Rule VI, Section 611, HOLIDAYS AND LEAVES OF ABSENCE, stating at a special meeting of the Civil Service Commission on September 22, 1976 the Commission voted 3-0 to accept the amendment submitted by the Municipal Employees' Assoc.: "(d) Injury Leave Duration: Duration of such injury leave with pay shall be determined by the attending physician in charge with the concurrence of the City Manager. The employee shall receive his or her full salary during convalescence. The employee shall endorse all payments from the City's Workmen's Compensation Insurance carrier over to the City Treasurer's Office as partial remuneration for services lost to the City. Injury leave shall be terminated at such time that the injury is determined to be permanent and stationary in character as recommended by the physician in charge.") and not recommending the proposed change for the following reasons: 1. Changes of this nature now fall under the provisions of the Meyers-Milias:Brown Act which requires that all matters relating to employment conditions be subject to the Meet and Confer process. 2. Present rules have been in effect since November 1972 and need revision. Council has recently directed staff to review all Civil Service Rules for revision and up -dating based on mandated legislation. 3. Payment of full salary for an indeterminate amount of time as proposed could be very costly to the City. 4. A uniform approach to revision of the rules is more desirable than the proposed piecemeal approach, was presented. Moved by Pinson, seconded by Camacho, to file without action. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays: None. Abstain- ing: Reid. Moved by Dalla, seconded by Camacho, in an effort to improve communications with the Civil Service Commission the Mayor 9/28/76 191 or the Mana9er direct a letter to the Commission explaining the action Carried by unanimous vote. City Manager Bourcier said he will be - meeting with the Commission and he will try to explain in detail. PUBLIC HEARINGS The HEARING on proposed ZONE CHANGE (2C-6-76) to rezone from CL (Commercial Limited) to RT (Residential - Two Family) and to amend the Residential Density Map Designation of 10 Dwelling Units/Acre to 15 Dwelling Units/Acre on the vacant parcel located on the west- erly side of Granger Avenue between the properties at 2414-18 and 2430 Granger Avenue (Assessors' Parcel No. 564-010-53) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler reported the Planning Commission recommended approval. No one was present in this regard. 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: Morgan. The HEARING on SPECIFIC PLAN for Quarter Section 134, portions of Highland, "I", "J", and "N" Avenues and 24th and 28th Streets (SP-24-76) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler reported the Planning Commission recommend- ed approval of the Specific Plan as set forth in their Resolution No. 30-76. HOWARD MCMILLAN, 2408 J Avenue, was present and inquired about the specific plan and whether it would affect his property. He was assured that the plan would affect future construction only. MRS. MCDONALD, a neighbor of Mr. McMillan, was also present and asked what brought up the plan, was there a new development or project that made this necessary? The City Manager answered there was no project planned, streets throughout the entire city were being reviewed and where the City did not have record of right-of-way Specific Plans were being drawn up. Vice Mayor Reid stated he owned property in the area and would abstain from voting. Moved by Camacho, seconded by Pinson, the hearing be closed and the Planning Commission's recommend- ation be approved. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan, Nays: None. Abstaining: Reid. The HEARING on SPECIFIC PLAN for Quarter Section 105, portions of 4th Street and 3th Street between Euclid and Rachael Avenues (SP-27- 76) was held at this time. The City Clerk reported the Certificate of Publication and Affidavit of Mailing were on file. Planning Director Gerschler stated the Planning Commission recommended approval of the specific plan as set forth in their Resolution No. 33-76. No one was present in this regard. Moved by Pinson, seconded by Camacho, the hearing be closed and the Planning Commission's recommendation be approved. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN PINSON spoke in regard to the cost of Police overtime caused by court appearances; they are told to report at 8:15 and the judge does not arrive until 9:00; sometimes they are held there all day; all this is overtime; was there someone who could be contacted. City Attorney McLean recommended the matter of police overtime because of court be referred to the City Man4ger;. it is a complicated problem; this is one of the reasons the City supported the South Bay Judicial System, Councilman Pinson asked if there was some way this money could be recouped from the County. City Attorney McLean answered there was no way; operation of the courts is a County function the operation of the Police Department is a City function and the Police have to go to court to prosecute cases. Moved by Pinson, seconded by Camacho, to refer this to the City Manager and he take whatever steps necessary. Carried by unanimous vote. 9/28/76 192 MAYOR MORGAN said the Superintendent of the National School District and the School Board want to get together with the City Manager to negotiate on mini -parks and see what can be worked out, the costs, etc. Moved by Morgan, seconded by Camacho, to refer the mini -parks study to the City Mana.per and he report after talking to the Superintendent of Schools. There was discussion. The Mayor brought out the fact that the parks ware to be maintained by the schools. Vice Mayor Reid and Councilman Camacho both reported citizens state- ments that they do not want these parks for hoodlums to hang out in and because of vandalism. In answer to a question regarding responsibility for children enroute from school to home, City Attorney McLean stated he was not clear on the responsibility, the City does not have any specific responsibility to get children to and from school safely; he was not sure about the schools' responsibility. Councilman Pinson said for a City this size and with as many parks as the City has he could not see spending any more money to develop more parks; our parks are used by people from outside the City. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Reid, Morgan. Nays: Pinson. MAYOR MORGAN called on Executive Session on Personnel at 8:14 p.m. The Council reconvened at 3:16 p.m. ROLL CALL Council members present: Camacho, Dalla, Pinson, Reid, Morgan. Absent: None. Moved by Pinson, seconded by Reid, the -meeting be closed. Carried by unanimous vote. The meeting closed at 8:17 p.m. City Clerk City of National City, California. The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of October 5, 1976. corrections Q Corrections flo Mayo City of National City, California 9/23/76