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HomeMy WebLinkAbout1979 04-24 CC MIN154 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA APRIL 24, 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, 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. Matthews Episcopal Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of April 17, 1979, be approved. Carried by unanimous vote. PRESENTATIONS AND PROCLAMATIONS City Clerk Campbell read the Mayor's proposed proclamation "SPELLING AWARENESS WEEK," May 1-4, 1979. Moved by Camacho, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS GEORGE WEBSTER, Manager, Chamber of Commerce, was present and stated the Board of Directors directed him to make a statement to Council relative to the motel complex proposed by Jimmy's Family Restaurants; it was suggested that the Mayor stood to gain 1.5 million dollars on the deal; the complex is now stopped due to these allegations; they wanted to praise the Mayor and other City officials who tried to make a beneficial plan for the City and got slapped in the face for their efforts. Mr. Webster read a prepared statement to Council from the Chamber requesting that the Mayor change his mind as the City needs the revenue and the business. PAT DAILEY, 2700 National City Blvd., President of the Mile of Cars, was present and informed Council that his organization voted overwhelmingly to support the proposed development of a motel complex near Jimmy's Restaurant and to recommend the Mayor agree to lease his key parcel of land at a favorable rate to the developers; they were sorry to hear that criticism of the plan may have hurt certain persons, especially the Mayor, so much that the plan is being abandoned; if their vote of confidence means anything and their interest in the prosperity of the City carries any weight, they respectfully request that the plan not be abandoned and that the best interest of the City be served. ALFRED HLAWATSCH, 905 E. 13th Street, attorney, was present and said relative to the proposed motel the newspaper accounts cited a 1.5 million dollar profit over a period of 50 years; since Councilman Dalla is younger than the Mayor, projecting his Council salary over a 100 year period would amount to $365,000. Mr. Hlawatsch asked Council if they weren't ashamed. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, these Resolutions and Ordinances be adopted by title only. Carried by unanimous vote. Resolution No. 13,026, "RESOLUTION PLAN (SP-2-77) FOR 26TH STREET AND by Dalla, Resolution No. 13 y026 be DENYING PROPOSED AMENDMENT TO SPECIFIC "I" AVENUE." Moved by Waters, seconded adopted. Carried by unanimous vote. 4/24/79 155 Resolution No. 13,027, "RESOLUTION GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A PORTION OF THE NORTH SIDE OF 14TH STREET BETWEEN ORANGE STREET AND EUCLID AVENUE, (SC-2-79)." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,027 be adopted. Carried by unanimous vote. Resolution No. 13,028, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ESTABLISH AND OPERATE TRANSIT SERVICE IN THE CITY OF NATIONAL CITY." Moved by Camacho, seconded by Van Deventer, Resolution No. 13,028 be adopted. LEONARD ZLOTOFF, President, Aztec Bus Lines, was present and reiterated his complaints of April 17 regarding the bid process for transportation within the City and said they thought that Aztec deserved more consideration than that; they knew they could operate best for the City of National City; they knew they can save the City money; they knew they could do a good job. COUNCILMAN VAN DEVENTER commented some of Mr. Zlotoff's statements were contradictory to statements from the City Manager; Mr. Zlotoff had the opportunity to bid on a fair and equal basis; the facts ... were well known to everyone; if they allowed him to make an additional bid, it would be unfair. CITY MANAGER MCCABE stated all bidders were provided the same courtesy; they spoke with the individuals both by phone and personally in his office and they were referred to the MTDB staff for the technical aspects of the bus service; it was declared in advance that they would be using MTDB for their technical expertise; to his knowledge, they were all provided the same type of information. Discussion. Mr. Zlotoff said ...he took issue with the fact that in the selection ...they were sitting in front of man who was an ex-exmployee of the prospective awardee; he didn't think that was proper procedure; it was considered proper procedure to eliminate Jack Bloom from the oral proceedings because he was involved with Aztec Bus Lines in the operation of the bus system in Chula Vista; he thinks the procedure was bad. VICE MAYOR CAMACHO said it was unfair to bring Mr. Nelson's name into this discussion; the fault was in the Aztec Bus Company's not presenting a proper proposal. Mr. Zlotoff stated Mr. Nelson (of MTDB) was deeply involved in effecting the determination of this contract. ASST. CITY MANAGER BALLARD stated Council had previously adopted a Resolution which requested staff deal with MTDB for technical advice. CITY ATTORNEY MCLEAN asked if Mr. Zlotoff were suggesting that Mr. Nelson's report to the City is, in fact, the product of undue influence rather than his best judgment. Mr. Zlotoff stated he was not stating that this would not be his best judgment. CITY ATTORNEY MCLEAN asked Mr. Zlotoff if he had with him this evening a proposal in writing that bound his company to provide for the service called for by the City. Mr. Zlotoff answered he would publically state that they would sign the contract they were offering McDonald, whatever it was; he tried to get a copy of the contract so that he could knowledgeably say that; without any knowledge, he was saying that they would be willing to sign that contract because they knew that whatever McDonald could do for the City ...from Texas that Aztec must be able to do working from San Diego. CITY ATTORNEY MCLEAN stated that what he was saying was that if he scratched out the name McDonald and inserted Aztec Bus on the contract, he would sign it even though he hadn't seen it. Mr. Zlotoff answered yes, unless it swore to some kinds of things personal to McDonald; there would be tailorings; they would agree to the economics as a maximum. There was further discussion. ROBERT NELSON, MTDB, was present and stated that he wanted Council to know that they did exactly what the City Manager said; they spent the same amount of time reviewing the request for proposal with McDonald as they did with Aztec; both companies went out and traveled the routes, studied them, came back and asked questions and submitted their proposals; questions that were asked in oral interviews were the same for both firms and he believed the recommendation was as the City Manager presented it; there wasn't any undue influence; the bus question was resolved last night and he believed this whole thing had been blown out of proportion. MAYOR MORGAN stated he has never personally talked to Mr. Nelson at any time regarding this. PAT DOUGAN, 133 Alden Avenue, retired director of Chula Vista Transit, was present and urged Council to award the contract to Aztec Bus Lines. Motion carried by unanimous vote. 4/24/79 156 CITY MANAGER MCCABE introduced two members of the newly -formed National City Transit, Mr. Larry Hyle, President of McDonald Transit and Associates; and Mr. Bob Burroughs, who has extensive experience with Riverside and other Southern California cities, who will be the Resident Manager in National City. ORDINANCES FOR INTRODUCTION (first reading) (See page 154, paragraph 9) Ordinance No. 4.24.79-1, "Pursuant to Land Use Code (ZC-7-79), to rezone from CL to CBD-PD the property on the northerly side of Plaza Boulevard, about 300' east of Harbison Avenue, having 414' of frontage on Plaza Boulevard, and depth of 112'." ORDINANCES OF ADOPTION (second reading) (See page 154, paragraph 9) Ordinance No. 1677 (4/1Z/F9-1), "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 15] certain properties bounded by 24th Street, "F" Avenue, 26th Street, and "B" Avenue)." Moved by Waters, seconded by Camacho, Ordinance No. 1677 (4/F/49- ) be adopted. Carried by unanimous vote. Ordinance No. 1678 (4/34/79-2), "AN ORDINANCE OF THE CITY COUNCIL OF NATIONAL CITY, IMPOSING AN INTERIM MORATORIUM ON THE CONSTRUCTION OF USE OF OFFICE BUILDINGS FOR GOVERNMENTAL SERVICE IN ALL ZONES THROUGHOUT THE CITY, AND DIRECTING THE PLANNING COMMISSION TO INITIATE APPROPRIATE PROCEEDINGS TO CONSIDER LAND USE CODE AMENDMENTS AND DECLARING SAID ORDINANCE AN URGENCY ORDINANCE." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1678 (4/24/49-4) be adopted. Discussion. Carried by unanimous vote. PUBLIC HEARINGS The HEARING on proposed ZONE CHANGE TO ADD PD (planned Development) COMBINING ZONE TO ALL RM-1 (Residential Multiple) zoned properties, ZC-6-79 (currently all RM-1 zoned properties are in a PD zone; this is interim zoning which will expire unless a permanent zoning ordinance change is adopted; the interim zoning was added to allow for case -by -case review of apartment projects during the apartment area rezoning series recently completed; this zone change is necessary to allow such case -by - case review to continue; there are about 1,000 RM-1 zoned properties which would be affected by this proposed change) was held at this time. City Clerk Campbell stated the Certificate of Publication was on file. Planning Director Gerschler stated the Planning Commission and staff recommend approval. No one was present in this regard. Moved by Camacho, seconded by Van Deventer, the public hearing be closed on the proposed zone change to add PD (Planned Development Combining Zone to all RM-1 (Residential Multiple) zoned properties. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 41, dated April 24, 1979, in the amount of $12,132.53 (Warrants Nos. 64729 through 64734), and PAYROLL for the period ending April 15, 1979 in the amount of $165,060.21 was presented. Moved by Camacho, seconded by Dalla, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. City Engineer Hoffland's recommendation to ACCEPT A PETITION FOR 1911 ACT IMPROVEMENTS FOR THE ALLEY, 13th Street to 20th Street between "N" Avenue and "0" Avenue (a petition has been received for 1911 Assessment proceedings for the improvements; the petition represents over 77% of the properties to be assessed and waives the debt limitation and majority 4/24/79 157 protest act of 1931; staff recommends accepting petition and feasibility report and directing the Engineer to prepare plans, specifications and estimates) was presented. Moved by Waters, seconded by Van Deventer, in favor of the City Engineer's recommendation. Carried by unanimous vote. City Engineer Hoffland's recommendation to ACCEPT PETITION FOR 1911 ACT IMPROVEMENTS IN FIG COURT west from Gilbert Lane to westerly terminus (a petition from property owners adjacent to Fig Court for 1911 Act improvements consisting of curbs, paving and drainage, including acquisition of necessary rights -of -way; the petition represents 75% of the the property owners and waives the debt limitation and majority protest act of 1931; staff. ecommends accepting the petition and feasibility report and direct/4 ge Engineer to proceed with plans, specifications and estimates) was presented. Moved by Van Deventer, seconded by Camacho, in favor of the City Engineer's recommendation. Discussion. Carried by unanimous vote. City Engineer's Hoffland's recommendation to APPROVE DEFERRAL of require- ments to install STREET IMPROVEMENTS adjacent to 1411 Coolidge Avenue, Engineered Structures, Inc. (the property owner request a deferral of requirements to install street improvements because this would require removal of temporary paving that is in good condition; he has signed a Covenant not to protest a 1911 Act for street improvements as a guarantee that improvements will be installed under 1911 Act procedures when a majority of property owners wish an overall project; staff poses no objection to the deferral subject to recording of the Covenant) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the City Engineer's recommendation. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. City Engineer Hoffland's recommendation to DENY ENCROACHMENT REMOVAL AGREEMENT for signs advertising "Summer Set" subdivision in City Streets (Wylie's Sign Assoc. have requested approval of 4' x 8' advertising signs directing potential home buyers to "Summer Set" subdivision in San Diego; proposed locations of signs are: [I] two each at Division & Palm; [2] one each at Division and Euclid; [3] two each at Plaza Blvd. and Harbison; [4] one each at 8th and Harbison; and, [5] one each at Division and Harbison; the sign company has agreed to sign the standard Encroachment Removal Agreement for the proposed Encroachment of signs in the public rights -of -way; it has been the policy of the Department to discourage the placement of signs in public rights -of -way except for traffic control purposes, such as parking prohibitions, stop signs, yield signs and hospital directional signs) was presented. Mayor Morgan stated they have asked for a continuance of two weeks in this matter and the request should be honored. Moved by Camacho, seconded by Van Deventer, in favor of Mayor's recommendation. Carried by unanimous vote. NATIONAL CITY LITTLE LEAGUE'S request to serve ALCOHLIC BEVERAGRS in the Kimball Community Building (the Little League has reserved the Community Building facilities to hold its annual dance on June 30, 1979; approximately 250 persons are expected to attend; staff recommends approval of the request subject to the following conditions: [1] obtain- ing liability and property damage insurance; [2] obtaining alcoholic beverage control permit; and, [3] making security arrangements approved by the Police Department. Moved by Van Deventer, seconded by Dalla, in favor of all recommendations. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. WRITTEN COMMUNICATIONS LIONS CLUB'S request to hold ANNUAL FOURTH OF JULY CELEBRATION in Kimball Park on July 3rd and 4th (they request to use Kimball Park facilities; to have fireworks display scheduled at 10:30 p.m. on July 4th; and, to sell beer on the 3rd and 4th) was presented. Moved by Waters, seconded by Camacho, in favor of the request. Mayor Morgan directed the City Manager to work around the (park improvement) contract so that it won't interfere with the July 4th celebration; the celebration has been some- thing the City has always sponsored and he hopes the Lions Club keeps putting it on; staff should keep this in consideration. City Manager 4/24/79 158 McCabe stated staff will do everything it can to help make it work. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER - No report. CITY ATTORNEY - No report. OTHER STAFF - No report. MAYOR - No report. CITY COUNCIL COUNCILMAN WATERS stated he would like the City Manager to check out the area around St. Matthew's Church to protect the landscaping during the Maytime Band Review parade. Mayor Morgan stated this has already been agreed to. Vice Mayor Camacho stated it's nearly impossible to keep the public off of the area. COUNCILMAN DALLA stated he wished the Aztec Bus people had pursued the original call for proposals with as much energy and enthusiasm as they did after the proposals were submitted and considered, this is un- fortunate. Moved by Camacho, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:31 p.m. CITY'' OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council on May 1, 1979. ED No corrections Corrections MAYO CITY OF NATIONAL CITY, CALIFORNIA 4/24/79