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HomeMy WebLinkAbout1979 04-17 CC MIN147 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 17, 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, Dallas Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Ballard, Campbell, Gerschler, Hoffland, McCabe, McLean. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe followed with invocation by the Rev. Atwell Stewart, St, Matthew's Episcopal Church. APPROVAL OF MINUTES Moved by Van Deventer, seconded by Dalia, the minutes of the regular meeting of April lO, 19791 be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "PUBLIC SCHOOLS WEEK," April 23-27, 1979. Moved by Camacho,-seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the proclamation to Mr, Stovall, South West Masonic- Lodge, National City. MAYOR'S APPOINTMENTS Mayor Morgan's proposed reappointment of Robert W, Daily to the San Diego Transit Board of Directors was presented. Moved by Waters, seconded by Camacho, in favor of the reappointment, Carried by unanimous vote, CITY MANAGER MCCABE reported staff is still in the process of negotiating a final contract with the McDonald Transit Corporation for services within the City; staff doesn't have a contract to present tonight but will in the very near future. Discussion. Councilman Van Deventer said at CPO's last meeting, AB551 and AB1161,the Kapiloff and Frazier bills, were discussed; there is great concern among the cities in regard to these two bills and the city and county have asked for a 30 day delay on these bills before CPO makes a decision; it is very important that the City Manager look at these two bills and study them and make decision before the next CPO meeting, seconded by Camacho. Carried by unanimous vote. LEONARD ZLOTOFF, President, Aztec Bus Lines, was present and complained about the bid process for transportation within the City, saying they could have presented a more detailed bid had they been better informed. Mayor Morgan requested Mr. Zlotoff meet with City Manager McCabe regarding this on Wednesday. PUBLIC HEARINGS The HEARING on notice of INTENTION TO VACATE AND CLOSE 20TH STREET between National City Boulevard and Roosevelt Avenue and portion of adjoining alley to the north, SC-4-78 (the Planning Commission recommends approval of the vacation of 20th Street between the westerly line of National City Blvd. and the easterly line of Roosevelt; the easterly 10' of the north/ south alley located east of 20th Street between the northerly line of 20th Street and the northerly line of Lot 16, Block 20, Map 343, subject to one condition: [1] that evidence, to the satisfaction of the City Attorney, 4/17/79 148 that all persons known to have possible claims to access rights to and from the streets to be vacated have relinquished all such rights) was held at this time. City Clerk Campbell reported the Affidavit of Mailing and Affidavit of Posting are on file. Plan. Dir. Gerschler said the Planning Commission and staff recommend approval. No one was present in this regard. Moved by Van Deventer, seconded by Camacho, the hearing be closed and all conditions be adhered to. Discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. The HEARING on notice of INTENTION TO VACATE AND CLOSE PORTION OF 12TH STREET at the northeast corner of Plaza Boulevard and 12th Street, SC-1-79 (this proposed vacation of public right-of-way involves a minor alteration to the alignment of the north side of 12th at its intersection with Plaza Blvd.; the vacation and re -alignment of the subject portion of 12th is in conjunction with the development of the Windmill Plaza retail shopping center; street realignment as proposed will provide a safer intersection and improve vehicular circulation from the new shopping center to 12th Street; the area to be vacated will be used for landscape and off-street parking) was held at this time. City Clerk Campbell reported the Affidavit of Mailing and Affidavit of Posting are on file. Plan. Dir. Gerschler stated the Planning Commission and staff recommends approval. No one was present in this regard. Moved by Waters, seconded by Dalla, the public hearing be closed and all stipulations of staff be adhered to and Plaza Blvd. at 12th be closed. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions and Ordinances be presented by title only. Carried by unanimous vote. Resolution No. 13,023, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF UNBUDGETED RESERVE FUNDS." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,023 be adopted. Carried by unanimous vote. Resolution No. 13,024, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER OF FUNDS TO OBJECT ACCOUNT GT 2107 FUND 9 - 2ND STREET WALL." Moved by Waters, seconded by Van Deventer, Resolution No. 13,024 be adopted. Carried by unanimous vote. Resolution No. 13,025, "RESOLUTION EXTENDING THE CITY'S TOWING CONTRACT." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,025 be adopted. ANTHONY BECCARELLI, Attorney, was present on behalf of American Towing Company, and stated they would like a 1-2 week delay in the adoption of this Resolution in order that the application of American Towing can be submitted to Council; his client Mr. Howarth proposes that if Council conditionally says that if they bring their business up to qualify as the second towing company in town, they will do it; if Council informs Mr. Howarth that if his company does certain things they will get the contract, then they are willing to do it and spend the necessary monies involved. There was discussion regarding the fact that Mr. Howarth has had five years to make the necessary improvements and to get in line for this contract; they have another five years to come up to standards; Mr. Howarth has been to Council before and it was explained to him what he would need to do to qualify before the contract could be considered for his business; he was before the Planning Commission numerous times relative to it also; Moynahan Towing does qualify and has asked for extended contract to purchase additional equipment. City Attorney McLean stated the present contract before Council is extended for ten years and that the Council specifically reserves to itself the prerogitive at the end of five years to consider adding a second compnay. Mr. Beccarelli said it seems Council is saying to one individual, we will give you the financial security of a contract so that you can get your lending and equipment up to date, but saying to someone else, we are not going to give you the benefit of telling you that we will allow you to have a contract, so that he can go out and do the same thing. City Attorney McLean stated that no bidder for services has ever received in advance assurance that is they did certain things, they would be selected as the contract for the City; adoption of this Resolution 4/17/79 149 was delayed because Mr. Howarth appeared before Council some months ago and objected at that time that Council was about to act without giving him the chance to do these last little things that have been mentioned so that he would be eligible; he, in essence, told Council at that time that if Council would delay what he thought was a precipitous act that he was going to rush out with the advice of his attorney to do these last few little things so that he would get planning approved and whatever so that he would be eligible and that's why Council voted to continue and delay the consideration of this Resolution now before Council; it was to give Mr. Howarth the opportunity to do the things necessary to comply and get inspection to become eligible to compete for this opportunity. In answer to a question, City Attorney McLean stated that the Resolution before Council says that if the Moynahan contract is extended, that Council will not consider the addition of another towing business for a period of five years; but, at the end of five years, Council has reserved its prerogative to consider adding another qualified towing company to the contract; it had been asked in staff meeting if the Council was bound by the adoption of this Resolution and he said no; if Council wanted in essence to go back on its word and a year from now go against the Resolution, Council probably can legally do that; whether Council would as a moral proposition is something else. Carried by unanimous vote. ORDINANCES FOR INTRODUCTION (See page no. 148, paragraph no. 3) Ordinance No. 4/17/79-1, "An Ordinance pursuant to Land Use Code of the City of National City, California (ZC-18-78, to rezone from RM-1-D-20 [Residential Multiple -Density 20] to RM-1-D-15 [Residential Multiple - Density 1„5]] certain properties bounded by 24th Street, "F" Avenue, 26th Street, and "B" Street) ." ORDINANCES FOR ADOPTION (second reading) (See page no. 148, paragraph no. 3) Ordinance No. 1676 (4/18/;9-13, "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-4-79, to rezone from RM-1-D- 10 and D-20 [Residential Multiple -Density 10 and Density 20] to RM-1-D-15 [Residential Multiple -Density 15] the properties on the south side of Melrose Street--902 through 940 inclusive)." Moved by Camacho, seconded by Van Deventer, Ordinance No. 1676 (4//8/?9-1) be adopted. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 40, dated April 17, 1979, in the amount of $40,174.89 (Warrants Nos. 64673 through 64728) was presented. Moved by Camacbo, seconded by Waters, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. THOMAS P. HARKINS' request for Council to set a public hearing to review his request for TAXICAB PERMIT (Municipal Code Chap. 6.38, Sec. 6.38.220 and Ord, No. 1165 state that the Council shall hold a public hearing to determine whether or not the public convenience and necessity require the operation of a taxicab or taxicabs for which application is made; at least 10 days notice of the hearing is required; staff recommends Council set hearing date and time for consideration of permit request) was presented. Moved by Waters, seconded by Camacho, this public hearing be set for May lst, 1979. THOMAS HARKINS, applicant, was present and requested staff time stating that for him to have the burden of presenting the evidence for a Certificate of Convenience and Necessity is beyond his scope. Mayor Morgan stated Mr. Harkins will have to present his own case. Carried by unanimous vote. .//17/79 150 OTHER BUSINESS PLANNING Request for AMENDMENT of City Council Resolution No. 12,579 approving the TENTATIVE SUBDIVISION MAP FOR SHELL MANOR I, south of 4th Street between Thelma and Shell Avenues, Lago Development (Council Res. No. 12,579 adopted 12/13/77, approved the tentative subdivision map for a 17-lot single-family subdivision subject to 25 conditions of approval) was presented. Plan. Dir. Gerschler stated the requirement attached to the approval of the subdivision was for a 2 to 1 slope; the applicant upon urging of the Federal Housing Administration asked to have that modified to allow slopes of 1 i to 1; this has been reviewed by the Planning Commission and they recommend denial; the City staff recommends approval. Moved by Waters, seconded by Morgan, in favor of staff's recommendation that the tentative subdivision map for Shell Manor be approved. Discussion. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dallas Recommendation of the Planning Department regarding STRRPT VACATION for a portion of the NORTH SIDE OF 14TH STREET between Orange Street and Euclid Avenue, Applicant, Teddy Tafoya, SC-2-79 (this vacation is being processed to satisfy the requirement of one of the conditions stipulated by the Planning Commission as a condition of approval of tentative parcel map; the adjacent property owner [applicant] proposes to acquire the area which is the subject of this vacation; the acquisition of this property when combined with the applicant's property will yield the lot area necessary for development of a duplex on each of the existing two lots; staff recommends adoption of a Resolution of Intention to vacate subject area, public hearing be set and the Planning Commission's recommendation be considered at that time) was presented. Moved by Waters, seconded by Van Deventer, in favor of SC-2-79 request and set a hearing date. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Planning Commission Resolution No. 26-79 denying application for Conditional Use Permit to allow a non-profit church school at 1905 E. 18th Street, CUP 1975-13 was presented. Moved by Waters, seconded by Van Deventer, in favor of the Planning Commission recommendation. CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR Moved by Morgan, seconded by Van Deventer, we instruct the City Attorney and City Planner to prepare an Urgency Resolution where we can limit the facility of the State of California Department, where we can limit them to certain sections of town. Carried by unanimous vote. CITY COUNCIL COUNCILMAN VAN DEVENTER requested a traffic report on 7th and "D"; com- plaints have been received from businesses in the area. COUNCILMAN DALLA referred the following items to the City Manager: (1) fence on 8th Street near Harbison School which has been down for a long time; (2) barricades off of 16th Street near the Post Office have been there for a long time; and, (3) policy for washing police cars which look pretty crusty. COUNCILMAN WATERS discussed the condominiums on 16th Street near to the Freeway; there is a lack of open space; he urged members of Council to take a look at it. 4/17/79 151 Moved by Morgan, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:38 p.m. CITY CLERK 4 CITY/ OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California at their regular meeting of April 24, 1979. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 4/17/79