HomeMy WebLinkAbout1975 11-04 CC MIN183
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL. CITY, CALIFORNIA
November 4, 1975
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.
PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION
The meeting was opened with the pledge of allegiance to the flag led
by City Manager Bourcier followed with invocation by Leonard Willett,
First Methodist Church.
APPROVAL OF MINUTES
Moved by Camacho, seconded by Reid, the minutes of the regular meeting._
of October 28, 1975 be approved. Carried by unanimous vote.
PRESENTATIONS AND PROCLAMATIONS
The Mayor's proposed proclamation, "YOUTH APPRECIATION WEEK," November
10-16, 1975 was presented. Moved by Reid, seconded by Pinson, the
proclamation be approved. Carried by unanimous vote.
MAYOR'S APPOINTMENTS - None.
ORAL. COMMUNICATIONS
CYNTHIA GUERRINI, 1709 Delta Street, was present and voiced her support
of the City Council, spoke of forgiveness, and expressed her disillu-
sionment with the Chicano cause.
HERMAN BACA, 405 So. Harbison; OSCAR CANEDO, 1729 Cleveland Ave.;
JESSE RAMIREZ, 421 West 16 St.; CARLOS VASQUEZ, 1022 East 8 St.; and
BEULAH F. XANDER, 1845 East 16 St. were present and came to the podium.
Mr. Baca read the "grounds for recall" contained in the "petitions
to recall" which were then served on each member of the City Council
and the Mayor. Vice Mayor Dalla was served with a recall petition
by Oscar Canedo, who noted the time was 7:44 p.m. and who then gave
the City Clerk a copy of the petition with certification of service
attached. Councilman Pinson was served with a recall petition by
Jesse Ramirez, who noted the time was 7:44 p.m. and who then gave the
City Clerk a copy of the petition with certification of service
attached. Councilman Reid was served with a recall petition by Carlos
Vasquez, who noted the time was 7:45 p.m. and who then gave the City
Clerk a copy of the petition with certification of service attached.
Councilman Camacho was served with a recall petition by Mrs. Beulah
F. Xander who noted the time was 7:45 p.m. and who then gave the City
Clerk a copy of the petition with certification of service attached.
Mayor Morgan was served with a recall petition by Herman Baca who noted
the time was 7:45 p.m. and who then gave the City Clerk a copy with
certification of service attached.
JESSE RAMIREZ, 421 East l6th Street, was present and said he thanked
the young lady for her comments and noted that she, for the first time
during the entire proceedings used the word "pig" in reference to a
law enforcement official.
A former police officer with 20 years of service on the San Diego
police force was present and stated that he was sorry to say that one
of his own fellow officers has committed a deed here in National City
on October 12 and that the City Council said not one word about it.
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184
ADOPTION OF RESOLUTIONS
Moved by Camacho, seconded by Reid, these Resolutions be presented by
title only. Carried by unanimous vote.
Resolution No. 11,890, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL. CITY, CALIFORNIA APPROVING EXECUTION OF AMENDMENT NO. 4 TO
THE LOCAL GRANT-IN-AID AND COOPERATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL CITY AND THE CITY OF
NATIONAL CITY FOR THE E.J. CHRISTMAN BUSINESS & INDUSTRIAL PARK I
REDEVELOPMENT PROJECT NO. CALIF. R-127." Moved by Camacho, seconded
by Reid, Resolution No. 11,890 be adopted. Carried by unanimous vote.
Resolution No. 11,891, "RESOLUTION OF AWARD OF CONTRACT (National City
Community Building - Kimball Park Air Conditioning)," Moved by Reid,
seconded by Pinson, Resolution No. 11,891 be adopted. Carried by
unanimous vote.
Resolution No. 11,892, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO.
1975-12 TO AMEND CONDITIONAL USE PERMIT NO. 1975-3 (Harry G. Stone)."
City Attorney McLean spoke in regard to the report of the Planning
Director explaining that the original application was made for Units
F and G at 108 W. 28th Street, the actual premises, as occupied by the
applicant, are Units E, F, and G, an addition of about 400 sq. ft. to
the effected property; he had no objection to that amendment. Moved
by Camacho, seconded by Pinson, Resolution No. 11 892 coverin units
E, F, and G be adopted. Carried by the following vote, to -wit: Ayes:
Camacho, Pinson, Reid. Nays: Dallas Abstaining: Morgan.
Resolution No. 11,893, "A RESOLUTION FOR THE CITY OF NATIONAL CITY
ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING THE MAYOR TO
EXECUTE A CORPORATION QUITCLAIM DEED CONVEYING CERTAIN EXCESS REAL
PROPERTY (Engineering Nos. 2823 and 2825)." Moved by Reid, seconded
by Camacho, Resolution No. 11,893 be adopted. Carried by the following
vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None.
Abstaining: Morgan,
Resolution No. 11,894, "DEDICATION OF CITY OWNED PROPERTY FOR PUBLIC
STREET PURPOSES (Grove Street)." Moved by Camacho, seconded by Reid,
Resolution No. 11,894 be adopted. Carried by the following vote,
to -wit: Ayes: Camacho, Dalla, Pinson, Reid. Nays: None. Abstaining:
Morgan.
Resolution No. 11,895, "A RESOLUTION OF THE CITY OF NATIONAL CITY
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND
TOUPS CORPORATION FOR LANDSCAPE ARCHITECTURAL SERVICES." Moved by
Pinson, seconded by Reid, Resolution No. 11,895 be adopted. Carried
by unanimous vote.
REPORT OF CITY ATTORNEY - None.
UNFINISHED BUSINESS
The Report of Director of Engineering & Public Works on TRAFFIC SAFETY
CONDITIONS at the Intersection of PLAZA BOULEVARD AND 8th STREET was
presented. There was discussion. Moved by Morgan, seconded by Pinson,
that the Council go along with the Engineer's recommendation. Carried
by unanimous vote. Moved by Pinson, seconded by Camacho, that the
removal of thatsharp corner and the cover the draina e ditch with
wood ties, be referred to the Capital Improvement for next year. City
Engineer Hoffland stated there were three alternates for covering the
drain: (A) standard culvert (which would include parking lane and
curb sidewalk) at an estimated cost of $142,000; (B) a corrugated metal
arch (which would be for pedestrians only and not provide a parking
lane) at an estimated cost of $70,000; (C) wood planking across the
ditch and installation of a guard rail in front of it at an estimated
cost of $19,200; the wood planking would go from the intersection of
Plaza and 8th all the way to the school property. Carried by the
following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan. Nays:
Reid. Abstain: None.
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185
NEW BUSINESS
The City Treasurer/Finance Director's request for RATIFICATION Warrant
Register No. 18 in the amount of $30,003.79 (Warrant Register #18
dated November 4, 1975, warrants nos. 52753 thru 52793) was presented.
Moved by Pinson, seconded by Reid, this be ratified. Carried, by
the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Reid,
Morgan. Nays: None.
The following recommendations from the October 8, 1975, meeting of
the Traffic Safety Committee were presented:
A. Declare 21st St. between National Ave. and "D" Ave. a one-way
street westbound. Install a stop sign on 21st St. at National
and prohibit parking for 45' along east side of National, just
south of 21st St.
B. (1) Install a mid -block crosswalk across 30th St., west of
Hoover Ave.
(2) Install yield sign on westbound 30th St. at Hoover to allow
"free right turns".
(3) Authorize T.P. Hearne Co. to provide traffic control person
to direct traffic at beginning and end of their regular work
shifts.
C. Install 4-way stop at Division St. & Palm Ave.
D. Install "No truck traffic" signs on I, J, K, L & M at their
intersections with 24th St. and 30th St.
E. Install asphalt berms at the southeast corner of 2nd & Highland
to enforce existing no -parking zone.
F. Prohibit thru traffic across Plaza Blvd. at Olive St.
G. Prohibit parking for an 18' length between 2303 "F" Ave. and
driveway to adjacent apartments.
H. Install 2-way stop on "N" at 24th St.
I. Install temporary signals at Plaza Blvd. & Euclid Ave.
Moved by Morgan, seconded by Reid, they approve the Traffic Safety
Committee's recommendation of October 8, 1975, Councilman Pinson
stated that he's concerned with item B3, if that's legal to put
civilians out there. Vice Mayor Dalla inquired about Item I. -
to install temporary signals at Plaza Blvd. and Euclid Ave. Carried,
by the following vote, to -wit: Ayes: Camacho, Dalla, Pinson, Morgan,
Reid. Nays: None. Councilman Reid stated that there are three items
on the agenda that he wouldn't be able to go for; and asked if traffic
safety recommendations couldn't be laid out item at a time rather than
a blanket presentation. Mr. Bourcier stated that it was the prerogative
of the Council to take it item at a time or whole. Moved by Reid,
isdoesn'tcomeoutlike this aoain. Motion died for lack of
second. ------------------
The request of National City Rubbish Service to Alter their Billing
Cycle to quarterly rather timaNtIANfialcy billing to absorb the
increased cost of postage‘ Moved by Pinso, seconded by Reid, in favor
of the reguest, There was discussion. Carried by unanimous vote.
The recommendation of the Director of Public Works to endorse the use
of Federal Aid Urban Gas Tax Funds for RIGHTS OF WAY PROTECTION of
State Highway Routes was presented. Moved by Pinson, seconded by
Camacho, in favor of Director's recommendation. Carried by unanimous
vote.
The City Mananger's report recommending negotiation of the City's
LIABILITY INSURANCE was presented. Moved by Morgan, seconded by Dalla,
Iherecommendationbe"_________________ouroved. Carried by unanimous vote.
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186
CITY MANAGER'S REPORT -
City Manager Bourcier requested permission of the Council to HIRE A
LAWYER to represent the City at the APPEAL of termination of an
employee at the next Civil Service Commission meeting. Moved by
Pinson, seconded by Reid, in favor of the City Manavres recommendation.
Carried by unanimous vote.
PLANNING
The Planning Commission's recommendation DEFERRAL be granted (subject
to property owner's signing a covenant running with the land not to
protest a 1911 Act) for repair of sidewalk and curb and installation
of gutter at 2004 Beta Street (Arsenio Despojado), was presented.
Moved by Reid, seconded by Camacho, Planning Commission recommendation
be approved. There was discussion. Carried, by the following vote,
to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: Dalla.
COUNCIL COMMUNICATIONS
Councilman Pinson spoke in regard to the rental fee for the Community
Building and suggested subject to the City Attorney's approval there
be two different fees, the higher fee for those living outside the
City. Moved by Pinson, seconded by Reid, that this item (the possible
rate increase for people living outside the City of National City)
be referred to staff for a report. Carried by unanimous vote.
Vice Mayor Dalla asked City Attorney McLean about the need for hiring
an attorney for the Civil Service hearing and how other cities might
handle this. City Attorney McLean said that he couldn't say what
other cities do without checking around; in the past other cities have
hired outside lawyers to prosecute a City employee; what is happening
in this case is a City employee has been dealt a disciplinary action
to which he has objected; he has retained a lawyer to protect him and
it is necessary, to have fairness, to have to advocate the fairness of
the termination of the employee; that lawyer is basically in a
prosecutor -type role; City Attorney McLean's responsibility as City
Attorney and legal advisor to the City and as legal counsel to the
City staff is inconsistent -- for him to have a legal counsel
relationship with an employee and be prosecuting him at the same time;
the judgment in the past is that trying to do two things is mutually
destructive; another item is that when a lawyer is involved in a
Civil Service proceeding, the Civil Service Commission must have
independent legal advice rather than -- obviously if we have a
proceeding that went before the Civil Commission and Mr. McLean was
representing a Department Head, attempting to sustain a dismissal of
an employee, or the discipline of an employee, there will be disputes
about the correct way to proceed and admissable evidence; he would
not be the unbiased legal advisor he should be in the case.
Mayor Morgan reported receipt of a letter from Sharon Reid about
the Golf Course in Fletcher Hills which states the course had been
abandoned; San Diego County brought suit to stop the City from
abandoning the Golf Course and closing it down; the second item
in the letter referred to zoning on the side as commercial; our course
is wrapped around with two freeways and commercial all over the place;
other use for the field is severely restricted; they can't use this
piece of land for nothing, not one thing, until they close it down
and raise it up three or four feet where they can use it; there are
no restrictions on it, loss of the Golf Course and the open sapce is
being minimized through a hundred and 48 acre park; there is seven
hundred acres from this Golf Course all the way to the dam, and
May Company is putting in 35 acres in the Golf Course itself. Mayor
Morgan stated that the letter was a good way for Mr. Walsh to talk
out of two sides of his mouth at the same time.
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187
Moved by Pinson, seconded by Camacho, the meeting be closed. Carried
by unanimous vote. The meeting closed at 8:27 p.m.
City terk
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 November 18, 1975.
No corrections El Corrections as noted below
MAy
City of National City, California
11/4/75