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HomeMy WebLinkAbout1979 01-23 CC MIN85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JANUARY 23, 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, Morgan. Absent: Waters. Administrative officials present: Ballard, Gill, Hoffland, Kulikowski, 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 Dr. Charles Molnar, First Baptist Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Camacho, the minutes of the regular meeting_ of January 16, 197g be approved. Carried by unanimous vote. Absent: Waters,,) PUBLIC ORAL COMMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented by title only. Carried by unanimous vote. Absent: Waters. Resolution No. 12,967, "RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREE- MENT (Two pipe posts in public sidewalk area at 444 West 8th Street - Murray)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,967 be adopted. Carried by unanimous vote. Absent: Waters. Resolution No. 12,968, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Energy Conservation - Civic Center Alterations to Air Conditioning Systems, Specification No. 866)." Moved by Van Deventer, seconded by Camacho, Resolution No, 122 968 be adopted. Carried by unanimous vote. Absent: Waters. Resolution No. 12,969, "RESOLUTION ACCEPTING WORKANDAUTHORIZING FILING OF NOTICE OF COMPLETION (Roofing of Fire Station Headquarters, Spec. No. a79)," Moved by Camacho, seconded by Van Deventer, Resolution No, 12,969 be adopted. Carried by unanimous vote. Absent: Waters. Resolution No. 12,970, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (412 "E" Avenue - Justo Pardo - for deferral of street improvements)." Moved by Van Deventer, seconded by Dalia, Resolution Nos 12.970 be adopted. Carried by unanimous. uc.to, Absent: Waters. Resolution No. 12,971, "A RESOLUTION RELATING TO PUBLICATION OF CITY ORDINANCES." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,971 be adopted. Carried by unanimous vote. Absent: Waters. Resolution No. 12,972, "RESOLUTION REGARDING THE COLLECTION OF DEVELOP- MENT FEES TO RELIEVE SCHOOL DISTRICT OVERCROWDING." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,972 be adopted. Carried by unanimous vote. Absent: Waters. ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Van Deventer, these Ordinances for first reading be by title only. Carried by unanimous vote. Absent: Waters. 1/23/79 86 Ordinance No. 1/23/79-1, "Repealing Chapter 18.24 of the Municipal Code "Floodway (-FW) and Floodplain (-FP) Zones"; adding a new Chapter 18.24 to the Municipal Code "Floodway (-FW), Floodway Fringe (-FF-1), and Floodway Fringe - Shallow Flooding (-FF-2) Zones; and amending the Zoning Map 1 by adding and revising FW, FF-1 and FF-W zone boundaries." Ordinance No. 1/23/79-2, "Pursuant to Land Use Code (prezoning of property at 3110 Sweetwater Road to RSJ-2-PUD-D-10 (Single Family Residence -Planned Unit Development -Density 10 - ZC-30-78)." Ordinance No. 1/23/79-3, "Amending Chapter 1.20 of the Municipal Code and Ordinance No. 1621 pertaining to general penalty." NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 28, dated January 23, 1979, in the amount of $62,565.99 (Warrants Nos. 63914 through 63984) was presented. Moved by Camacho, seconded by Van Deventer, these warrants be drawn and bills paid. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: None. Absent: Waters. The CLAIM FOR DAMAGES of Efren O. Diaz alleging false arrest was presented Moved by Camacho, seconded by Van Deventer, this be denied and referred to the City Attorney. Carried by unanimous vote. Absent: Waters. The City Engineer's recommendation to APPROVE DEFERRAL OF STREET PAVING at 412 "E" Avenue, Pardo (under Ord. 1491 the property owner is obligated to install alley improvements and sidewalk adjacent to his property; he applied for a deferral because the existing paving is in good condition; he agreed to sign a Covenant not to protest a 1911 Act street improvement project) was presented. Moved by Dalla, seconded by Van Deventer, in favor of the recommendation. Carried by unanimous vote. Absent: Waters. TOM MOYNAHAN TOWING COMPANY'S request for EXTENSION OF CONTRACT (if the Council wishes, it may extend the present contract with Moynahan Towing Company to whatever terms and conditions it deems appropriate; however, any future council, in the exercise of its police power, could add new tow operators) was presented. Moved by Camacho, seconded by Van Deventer, in favor of Item 14. Discussion. City Manager Gill reported that one of the stated purposes of their request is to enable them to have a loan capability over a ten-year period to buy new and additional equipment. City Attorney McLean stated the present Ordinance and Resolution grew out of past Council's desire to formalize the arrangements with regard to police towing to set up criteria for the development of property and to assure by limiting the City's towing contract to no more than two operators, there would be sufficient money involved that an interested operator could meet the requirements and provide 24-hour service; so the performance criteria and the zoning planning standards were established and a notice was published inviting proposals; it turned out then there was only one applicant who met the previously announced criteria for the zoning requirement and equipment etc., which is the present operator; the present operator came in after a period of time and told Council that he wanted to finance equipment and his lenders were looking to the security of the contract with the City as a method by which they could be repaid; at that time Council granted the present operator a ten-year exclusive towing contract with a provision that the end of the first five years, Council had the right to add one more operator if there was a qualified applicant at that time; this five years runs out in April; until it does run out, Council has already told the present operator that they would consider if there are any other qualified applicants; aside from that, he advised Council in the past that this Council would not be able to legally bar a future Council from adding or changing tow service arrangements as far as emergency calls are concerned; anyone can come in now at the end of the first five years and if they are qualified and Council so desires, they can be added. Discussion. In answer to the 1/23/79 87 question of whether Council would eliminate the possibility of others making application by extending the contract now as the five-year term of the contract has not expired, the City Attorney said that is up to the City Council. City Attorney McLean stated he would interepret the contract that if somebody came in on April 14th and made an appliction to be added to the emergency service, they would be asked if they had been in the towing business within the City for six months, and if their answer was "no", they would not meet the criteria; he did not know if anyone would qualify. Discussion. TIM MOYNAHAN, 2510 "L" Avenue, was present and stated the reason for the requested contract extension is that they are in the process of buying three new tow trucks at a cost of $75,000 and they are improving their property at a cost of $35,000 and they need something to show the financial institutions that they will be able to repay their loans. In answer to the Mayor's question if Council would vote for a ten-year contract starting now, the same contract as before, Councilman Van Deventer stated he would agree providing the contract didn't start until after April 16th, so that if someone came in, Council could give them the opportunity to be heard. CITY ATTORNEY MCLEAN stated Council is not obligated at this time to go with any particular towing company, if someone comes in, you can give him every opportunity. Moved by Morgan, seconded by Van Deventer, the motion be amended to start this new exclusive contract April 16th with him. Mr. Moynahan stated he would like to have the contract now but can live with this decision. Carried by unanimous vote. Absent: Waters. PUBLIC HEARINGS The HEARING on the proposed ZONE CHANGE to rezone from RS-2 to CG-PD the vacant parcel adjoining the north side of the National Guard Armory at 303 Palm Avenue, ZC-28-78, was held at this time. Deputy City Clerk Ku1±kowski stated a letter from Mr. John A. Senneff requesting the hearing be continued to March 20th was given Council. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, this hearing be extended to March 20th. Carried by unanimous vote. Absent: Waters. OTHER BUSINESS CITY MANAGER CITY MANAGER GILL reported receipt of a letter from the San Diego Symphony Orchestra requesting consideration of hosting an evening of symphony at Southwestern College on cne of the four nights to be sponsored by various cities; the $4,000 sponsorship fee entitles the city to 2,000 tickets to be distributed free to National City residents and complete control of concession sales, and county -wide media coverage publicizing the City. Mayor Morgan stated this is an outstanding program and they are a credit to the community; if there is anyway the Manager can work it out, he would be in favor of it. City Manager Gill stated he would report by next meeting regarding this. CITY ATTORNEY - No report. OTHER STAFF - No report, MAYOR MAYOR MORGAN reported he met with the Board of the American Little League and discovered that they had taken over an old group that was $6,000 in the red and they have reduced the bill to $1800; this has been through hard work on their part. COUNCILMAN VAN DEVENTER stated he'd have to see the indebtedness and budget for this year before he could support anything. Moved by Morgan, seconded by Van Deventer, we authorize the City Manager to get this information for Council to look over and bring before Council. Discussion. WILLIAM HODGES, 210 "E" Avenue, representing American Little League, was present and stated the people involved are volunteering their time and effort in this matter and they would be glad to open their books to anyone. Carried by unanimous vote. Absent: Waters. 1/23/79 88 CITY COUNCIL COUNCILMAN DALLA asked if procedures could be streamlined regarding reading Ordinances and Resolutions by title, try to eliminate the need to read each by title only. City Attorney McLean stated there has to be a motion in the minutes of each meeting; one motion to introduce every- thing is fine; he'll come up with a plan to help speed things up. COUNCILMAN DALLA stated the trash company has a contract with the City and a condition of that contract is that they operate an office in National City; he had occasion to call them recently and discovered they have an office to collect money; he would like to know the hours of operation and if it meets the requirements of the contract. COUNCILMAN DALLA requested information regarding the need to install a signal at Plaza and Euclid Avenue, which is long overdue. MAYOR MORGAN stated he would like Council to begin processing applications for Police Chief which have been whittled from 150 to 10 with two alternates. Moved by Camacho, seconded by Van Deventer, we adjourn this meeting to an Executive Session at 3:00 p.m., Monday Januar 29 in the Conference Room. Carried by unanimous vote. Absent: Waters. The meeting adjourned at 8:25 p.m. f' CITY C RK CIT OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at the regular meeting of February 6, 1979. 0 Corrections 0 No •rrections MA CITY OF NATIONAL CITY, CALIFORNIA 1/23/79