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HomeMy WebLinkAbout1985 08-27 CC MINBook 66/Page 43 8/27/85 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUGUST 27, 1985 The regular meeting of the City Council of the City of National City was called to order at 7:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Cooper, Dalla, VanDeventer, Waters, Morgan. Absent: None. Administrative officials present: Bolint, Campbell, Eiser, Post, Stafford. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by Asst. City Manager Bolint, followed with invocation by Chaplain Reyna, Paradise Valley Hospital. Councilman Waters asked for a moment of silence in memory of the two children who were killed in a fire this afternoon. Mr. Waters said he contacted Father Caldwell who came right down to help out. APPROVAL OF MINUTES Moved by VanDeventer, seconded by Cooper, the minutes of the regular meeting of August 20, 1985 be approved. Carried by unanimous vote. PROCLAMATION Moved by VanDeventer, seconded by Cooper, the Proclamation be read by title only. Carried by unanimous vote. The Mayor's Proclamation "BUCKLE UP YOUR SEAT BELT MONTH" — September, 1985, was read by title. Moved by VanDeventer, seconded by Waters, in favor of this Proclamation. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS The Asst. City Manager's letter re the project at 8th & Highland (project plans call for striping/red—curbing which would result in the loss of some on —street parking spaces on 8th St.; on August 26th, the City was contacted by several 8th St. business people [representing Gormsen Appliance, Pinky's, Lorna's Flowers 1 protesting the proposed striping/removal of parking, alleging loss of business/revenue and what in their estimation is already insufficient parking in the area) was presented. City Engineer Stafford said he has an alternate plan to reduce the lane widths with minimal effect on the intersection, leaving the parking spaces the same. CHARLES "PINKY" GREEN, 1244 "K" Ave., was present and said they would accept the City Engineer's alternate proposal; they would like the Engineer to look at the possibility of returning one parking space in front of Lorna's that was removed a few years ago. Moved by Morgan, seconded by VanDeventer, in favor of the City Engineer's alternate recommendation. Discussion re this pointing up the need for Rte. 252. Mr. Green said he is in favor of Rte. 252; Council has a tremendous amount of leverage and he is sure Council will continue their efforts to get it completed; a letter writing committee might help. Councilman Dalla said we also need the leverage of business people. Councilman Cooper said maybe the business people should start a letter writing campaign. Further discussion. Motion carried by unanimous vote. JUDY SIROIS BOSS, 1311 "0" Ave., was present to thank Council for the turn signal at Plaza and Palm. OPENING OF SEALED BIDS FOR CITY —OWNED PROPERTIES (The following two locations have been declared surplus properties by the City and offered for sale: 1. 94,613 sq. ft. between Plaza Blvd. and 16th St. [adjacent to the west side of 1-805, immediately south of Jimmy's Family Restaurant); zoned Commercial Tourist with Planned Development Overlay; $31,000 deposit required; 2. 23,350 sq. ft. at 18th St. and Roosevelt Ave.; zoned Commercial Heavy; $10,000 deposit required; sales shall be sealed bid followed by auction, with oral bids in increments of $500 over the previous high bid for a particular parcel; all bidding at auction shall be cash bids) was presented. Vice Mayor VanDeventer (Chairman, Real Estate Committee) presided. Book 66/Page 44 8/27/85 Property between Plaza Blvd. and 16th St.: The City Clerk announced that no bids were received. Property at 18th & Roosevelt: The City Clerk announced there were three bids: Frederick W. West, 442 Marietta St., Chula Vista, submitted a deposit of $10,000 with a written bid of $15,000; Jimmy Beauchamp, 327 W. 11th St., submitted a deposit of $10,000 with a written bid of $10,000; Carl Grindle, 14635 Hi Valley Rd., Poway, submitted a deposit of $10,000 with no written bid. Auction was held with a final oral bid price of $27,500. Moved by Morgan, seconded by Waters, we reject all bids. Councilman Waters said this property was assessed at $100,000. Discussion. Motion carried by unanimous vote. The City Clerk returned deposits to the bidders. PUBLIC HEARINGS The Public Hearing on REVIEW OF PERFORMANCE and PUBLIC COMMENT on ECONOMIC DEVELOPMENT BLOCK GRANT PROGRAM, SMALL CITIES, STATE PROGRAM, October, 1984 through July, 1985 (The purpose of this hearing is to review and receive comments from interested persons on the program and performance of the expenditure of State Economic Development Block Grant Small Cities Funds approved, and to be received and expended by National City by June 26, 1986; total funds available are $400,000, and are to be used for the work of trash removal, hauling it to the dump, and bringing in new material to make the site buildable for a new car and truck dealership as part of the Mile of Cars; the site is at the SE corner of 30th St. and National City Blvd. [The Duck Pond]; Executive Director, Community Development Commission, recommends approval) was held at this time. Executive Director, Community Development Commission Peterson said we have not yet utilized this grant; we have had litigation at this location; he anticipates that we will resolve the differences. No one else was present to speak in this regard. Moved by VanDeventer, seconded by Waters, the Public Hearing be dosed and staffs recommendation approved. Carried by unanimous vote. The PUBLIC HEARING on PROPOSED AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE to ESTABLISH REGULATIONS for BED AND BREAKFAST INNS; Proponent: James L. Ladd (The purpose of this amendment is to encourage the preservation of historic structures in the City by establishing regulations for the conversion of historic residences to "Bed and Breakfast Inns"; the effect of this amendment will be to enable owners of residences listed on the City's list of "Identified Historic Sites" to request a CUP to convert these structures into "Bed and Breakfast Inns"; the proponent has requested this Code Amendment in order to permit him to convert his residence, the Dickinson—Boal Mansion, into a "Bed and Breakfast Inn"; see Document No. 72711) was held at this time. Councilman Waters gave the City Clerk a petition signed by 26 residents in the area opposing this amendment, saying he received the petition a few minutes prior to the meeting. Planning Director Post said staff has proposed a series of conditions and stipulations which they feel would protect the City, such as CUP required; it would be permitted only in properties on the City's Historical Property List; the owner must live there; breakfast can be the only meal served; the Planning Commission and staff recommend approval. JAMES L. LADD, 1433 E. 24th St., was present and said his Queen Anne Victorian home was built around 1887 and outlined the history of the house; in the 50's and 60's, some historical homes were destroyed; his home survived the destruction, but its future is insecure; it is impractical as a single—family dwelling; "Bed and Breakfast Inns" are an answer to the preservation of these stately old homes; it is his desire to completely restore his mansion to its original state and open it up to the public as a "Bed and Breakfast Inn"; he has spoken to the neighboring residents adjacent to his property and there was no opposition. FRED PUHN, 425 Shell, was present and said he is in favor of this; he owns one of the historical homes; tourists would come to National City for the opportunity of spending a night in one of the historical homes; this would put these historical homes to public use; this is a wonderful thing for tourism at no expense to the taxpayers. ERNEST GRICE, 2205 "N" Ave., was present and said Mr. Ladd did not talk to him; he did not find out about this hearing until two days ago; no matter how you look at it, this would be a business; he does not want businesses in his neighborhood. Vice Mayor VanDeventer said we are not dealing with a specific home at this time; the public Book 66/Page 45 8/27/85 hearing is relative to the historic homes in the City; if Mr. Ladd applies for a CUP, the adjacent property owners would get a notice inviting them to the public hearing; perhaps we should reset the public hearing. Discussion. Councilman Cooper said we are talking about an Ordinance tonight; each individual owner would have to come in and apply for a CUP. Mayor Morgan said maybe we should get the property owners adjacent to all 24 homes together for a hearing. Further discussion. Mayor Morgan said he considers Mr. Ladd to be a friend, but he is not in favor of this. Councilman Dalla said this is not authorizing any of these homes, and he doubts that all of them would be suitable anyway; it would just allow them to apply; if the concerns are significant, Council can deny the CUP application. City Attorney Eiser said each application would be considered on its own merits. ROY WARREN, 2235 "N" Ave., was present and said it looks like they want to rezone; the people in his are are against this proposal; people could check in and out and stay for months; then it would become an apartment house. Planning Director Post said the maximum stay would be 14 days; if the property was in violation of the CUP, the CUP could be revoked. Further discussion. ENRIQUE ROBLEDO, 2303 "N" Ave., was present and said those places start out with good intentions and later turn out as hiding places for high—class prostitution and drug abuse. E. E. WILLIAMS, 2225 "N" Ave., was present and said he bought his home 32 years ago, and now the City wants to put businesses in his area; he doesn't think that area is any place for a business. Councilman Waters inquired if Mr. Post had checked with Sacramento to determine what these property owners can and cannot do to their homes and still remain a historical site. Mr. Post replied there is very little in the way of structural alterations; the City has a very strong historical ordinance which requires Council review for any kind of structural alterations. Mr. Waters inquired if Mr. Post had any plans indicating what Mr. Ladd has in mind as far as the interior. Mr. Post replied he has not requested or received any plans at this point. Mr. Waters inquired if any other people were interested in converting their homes. Mr. Post replied Mr. Ladd is the only one he knows of. JANET BOYER, 2201 "N" Ave., was present and said the City does not need 24 "Bed and Breakfast Inns" with all the motels we have. Councilman Cooper inquired if this received any opposition at the Planning Commission hearing. Mr. Post replied the hearing notice was published in the Star News and they received no opposition. Moved by Morgan, this request be denied. Motion died for lack of second. Moved by Waters, seconded by VanDeventer, this hearing be continued for 30 days until we have more information. Discussion. Moved by VanDeventer, seconded by Waters, the motion be amended to continue the hearing for 90 days (11/26/85) and all residents within 300' of each of the historic homes be notified. Discussion. Vice Mayor VanDeventer said this would give us a good overview and we would not have to consider CUP's one by one if the community is opposed to them; he feels there are areas where people would approve. Discussion re holding the hearing in the Community Building. Motion carried by the following vote, to — wit: Ayes: VanDeventer, Waters, Morgan. Nays: Cooper, Dalla. Discussion re the possibility of a 1/4 page newspaper ad rather than mailed notices. Councilman Cooper requested a report back from the Planning Director and the City Clerk re the feasibility of a newspaper ad. ADOPTION OF RESOLUTIONS CONSENT RESOLUTIONS (Resolutions Nos. 14,724 through 14,728) Mayor Morgan requested Resolution No. 14,728 be considered separately. Councilman Dalla requested Resolutions Nos. 14,726 and 14,727 be considered separately. Moved by VanDeventer, seconded by Cooper, the Resolutions be presented by title only and the Consent Resolutions except 14,726, 14,727 and 14,728 be adopted. Carried by unanimous vote. Resolution No. 14,724, "RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT 32." See Consent Resolutions above. Resolution No. 14,725, "RESOLUTION APPROVING A GRANTEE PERFORMANCE REPORT FOR THE ECONOMIC DEVELOPMENT BLOCK GRANT PROGRAM, STATE SMALL CITIES, AND AUTHORIZING FILING THEREOF." See Consent Resolutions above. Resolution No. 14,726, "RESOLUTION AUTHORIZING AND APPROVING A GRANT AGREEMENT WITH THE U. S. DEPT. OF HOUSING & URBAN DEVELOPMENT PURSUANT TO THE HOUSING DEVELOPMENT GRANT PROGRAM FOR THE CONSTRUCTION OF KIMBALL TOWERS, NATIONAL CITY, CALIFORNIA (PROJECT NO. CA003HG401)." and Book 66/Page 46 8/27/85 Resolution No. 14,727, "RESOLUTION AUTHORIZING AND APPROVING AN OWNER/GRANTEE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY (KIMBALL TOWERS)." Councilman Dalla inquired if the bids were to come in in excess of the funds appropriated, would the City still be obligated to construct 150 units. Executive Director, Community Development Commission Peterson said the government will not pay more than $3 million; if the bids come in high, we would have to re —design the project or abandon the project and the grant; if we show evidence of good faith, he feels HUD would go forward with their agreement. Discussion. Moved by Dalla, seconded by Van Deventer, Resolutions Nos. 14,726 and 14,727 be adopted. Carried by unanimous vote. Resolution No. 14,728, "RESOLUTION ESTABLISHING MID —MANAGEMENT SALARY BAND FOR THE CLASSIFICATION OF ACCOUNTANT." Discussion. Moved by VanDeventer, seconded by Cooper, Resolution No. 14,728 be adopted. Carried by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. NEW BUSINESS The Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 8, dated August 20, 1985, in the amount of $147,248.59 (Warrants Nos. 88942 through 89013 [void 88956 & 88957], and CERTIFICATION of PAYROLL for the period ending August 15, 1985, in the amount of $314,398.90 was presented. Moved by Waters, seconded by Cooper, the bills be paid and warrants drawn. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla, Van Deventer, Waters. Nays: Morgan. The CLAIMS FOR DAMAGES of: Freddie Hodrick, arising from an incident on April 1, 1985, filed with the City Clerk on July 5, 1985; Robert M. La March, arising from an incident on April 8, 1985, filed with the City Clerk on July 8, 1985; Ronald D. Hand, arising from an incident on April 18, 1985, filed with the City Clerk on July 22, 1985; Bonita Schoville, arising from an incident on May 15, 1985, filed with the City Clerk on August 8, 1985; and Darren Glen and Cella Marie Morgan, arising from an incident on May 22, 1985, filed with the City Clerk on August 15, 1985, were presented. Moved by Van Deventer, seconded by Dalla, these claims be denied and referred to the City Attorney. Discussion. Carried by unanimous vote. WRITTEN COMMUNICATIONS A letter from Roberto Martinez, American Friends Service Committee, requesting permission to address Council regarding a problem with the Police Dept. was presented. ROBERTO MARTINEZ, 310—A E. 8th St., was present and read a letter to Council (See Document No. 72725) outlining his complaints of alleged racist practice by the National City Police Dept. Mr. Martinez asked if the Council approves, or is aware, of this practice, and requested that the City Manager respond to his letter in writing indicating what action he plans to take. Councilman Cooper inquired why the people Mr. Martinez referred to in his letter were coming to see him. Mr. Martinez replied they were coming for assistance in recovering their wages; they had not been paid for their employment. Councilman Cooper inquired if they were citizens of the United States. Mr. Martinez replied he did not know; they did not arrive at his office. Councilman Cooper asked if the Police Dept. was supposed to turn their heads if they feel there is probable cause (for detainment). Mr. Martinez replied the police are not immigration officers; how do they know if the people they are stopping are illegal and what is probable cause? He cannot verify that if they are deported before they get to his office. Mr. Cooper said the Police did not deport these people; they called the border patrol. Mr. Martinez said everybody has the right to protection; if im migrants fear the police, who will they call for protection? How do the police know they are undocumented? Mr. Cooper said they won't know unless they question them. Mr. Martinez said he is not an im migration officer and he will not ask his clients if they are illegal; they come to him for a service. Discussion. Mr. Martinez said the American Friends Service Com mittee is a Quaker oriented organization which is nationwide; he is a staff program for the U.S.—Mexico program; he monitors U.S. Im migration Policy to help the Mexican people in this country. Moved by Waters, we direct the City Manager to write Mr. Martinez a letter and explain what took place and the stand of the City, and enclose a copy of the Police Chiefs report. POLICE CHIEF HART was present and said Mr. Book 66/Page 47 8/27/85 Martinez raises a number of questions, one of them being, "Is it lawful for a municipal police officer to detain a suspected illegal or undocumented person on a public street." That has been to the California Supreme Court and the Supreme Court of the United States and the answer is "yes"; given facts and circumstances that lead the officer to believe that person is or may be an undocumented person, they can make a detention and turn them over to the appropriate federal authorities; the next question is "Is that a proper function of a municipal police agency?" Some cities have decided not to do that and some cities have decided that is a proper and necessary function; this function does not occupy 3 or 4% of the police department's time; this county is experiencing a significantly increasing frequency of undocumented persons being arrested for major crimes —auto thefts, burglaries, thefts from vehicles; there are agencies in the county that report approximately 30% of the persons they are arresting for committing crimes are in fact undocumented persons; at present, about 35-65% of the persons in custody in the County jail, the Vista facility, are undocumented persons who have been arrested in relationship to having committed state and local crimes; it is an increasing problem in San Diego County; we are not conducting searches within structures and have no intention of doing that; the contacts our police officers make are contacts on the street and usually spring from situations where we have been called into an area, and the normal process of discussion comes to some conclusion that this person is an undocumented person; they frequently acknowledge and admit that; they do not frequently lie to the officers; to expect a municipal police department to turn around and not to help another agency when the California and U.S. Supreme Courts say it is lawful and proper is a little bit ludicrous. J. F. ALBERTSON, 813 Pleasant Lane, was present and said in 1983, he gave a car to his daughter on a Friday evening; Sunday morning about 2:00, there was a terrible crash and a Cadillac was abandoned in the middle of the street with four people fleeing the scene; the police were notified and a hospital guard located the four people who turned out to be four illegal aliens; the driver was never aprehended; the four people were brought to the police station and were released to the Immigration Dept. and deported; his daughter's car was totalled; the person who owned the Cadillac reported the car stolen. Asst. City Manager Bolint said the complaint about the animal control officer was still unanswered and inquired when Mr. Harlan would be back from vacation. Chief Hart said he does intend to discuss the situation and investigate the complaint; it is not a normal practice of the Police Dept. to involve the animal control officer in the aprehension of undocumented persons; the animal control officer works under the direction of the Police Dept. and is on the police frequency; he does monitor police calls and has responded to and at times has been the first available unit at the scene of a robbery, a burglary, a rape, a homicide and a number of other events; he acts as eyes and ears for the police officers and gives them information pertaining to a call; he has responded and followed suspect vehicles in the past. Councilman Cooper suggested that if the animal control officer spots undocumented people, or suspects they are, he call another car and let the police take care of the problem. Chief Hart said he can and will do that; he will make a report after he talks with the animal control officer and send a copy to Mr. Martinez. MAGGIE PEREZ, 2741 "A" Ave., was present and said in 1979, she was driving home about 11:00 p.m. and a car with three members of the Navy, very American, probably blonde and blue—eyed, tried to run her off the road; they dented her car with bats; she went to the Police Dept. and was told they couldn't do anything about it; Americans commit crimes too. EDDIE PEREZ was present and said his grandfather was undocumented when he moved to National City; he raised a family of 16 and his grandmother still lives here; he has a lot of cousins and most of them are productive citizens; he is concerned that the police are stopping people based on the way they look; he has seen Mexicans walking down the street and the police make a U—turn and pull them over. Chief Hart said the Police Dept. does not believe that the majority of undocumented persons are committing crimes; he does not believe that the majority of Mexican people or Mexican —looking people are committing crimes; law enforcement officers are in the function of investigating situations and circumstances that may have the appearance of crimes; we are finding more and more persons that are arrested for robbery, burglary and other crimes to be undocumented persons; it would be unintelligent for them not to pay more attention to some of those considerations; with regard to how people look, the California Supreme Court said the following: "In addition to other kinds of factors that a police officer could take into consideration trying to decide whether he would or not make a contact —factors which indicate recent residence in a foreign country, such as mode of dress and haircut may also be considered, along with things like proximity to the border, the kinds of things they have in their Book 66/Page 48 8/27/85 possession, etc." Chief Hart continued, it expressly says a police officer cannot consider the mere fact that someone appears to be of Mexican ancestry; if Mr. Martinez gives him some documented circumstances that he can support with regard to our Police officers making a contact only because the person appeared to be Mexican, he will support him. Motion carried by unanimous vote. PLANNING COMMISSION — NOTICES OF DECISION Planning Commission Resolution No. 36-85, APPROVING ZONE VARIANCE to ALLOW the INSTALLATION of TWO WALL SIGNS on walls of a building that face other than a street on property located at 1825 Highland Ave.; Applicant: Der Weinerschnitzel; Case File No. Z-5-85 (...involves the proposed installation of two separate principal identification signs that will face towards other than a street; each of the proposed signs will be more than 25 sq. ft. in area; existing City sign regulations limit the placement of signs containing more than 25 sq. ft. in area to either a primary or secondary street frontage; the proposed signs will face towards an interior lot line; a Zone Variance is required; see Document No. 72726; staff concurs with the Planning Com mission's approval) was presented. Moved by VanDeventer, seconded by Cooper, this be approved. Discussion. Carried by unanimous vote. The APPEAL of PENALTY on BUSINESS LICENSE by Mr. Charles Palomino (This appeal concerns charges for penalty for 1985, totaling $22.00; Mr. Palomino states that contact was not made by the City to collect for the business license and he did not know that a license was required; contact was made by the County Health Dept. for their permit; as a new owner of the property at 2536 "D" Ave., he is willing to pay for the business license, but he does not feel he should be required to pay a penalty) was presented. CHARLES PALOMINO, Chula Vista, was present and said this is regarding property he purchased at 2536 "D" Ave.; he is being charged a penalty for something he didn't know he had to have; he has worked in this City for 21 years, and part of his job is to check for business inspections in apartments, and they check on those with four or more units under one roof. Discussion. Mayor Morgan inquired when the City passed an Ordinance to base the business license fee on the amount of money they take in. Finance Director Caloza said the Ordinance was adopted in 1974. Mayor Morgan asked Mr. Caloza to send him a copy of that Ordinance; he feels it is wrong to treat apartm ents like a retail business. Mr. Palomino said he is not against buying the business license; when he went through escrow in August, 1984, he was not told he needed a business license; approximately three months ago, he got a call saying he needed a business license; he should not be assessed 100% penalty because he did not know he needed this business license. Discussion. Vice Mayor VanDeventer asked if Mr. Palomino owned any other units in the City. Mr. Palomino replied he owns single— family dwellings; the property in question is a single—family dwelling that was converted into three apartm ents; there are a total of five units on this piece of property and he owns other properties in the City as well. Business License Inspector Bettencourt said all units, including single—family dwellings, fall under the category of three units or more; the penalty is assessed because he did not renew his license in January; according to Code Section 6.04.160, anyone who does not renew the license by January 31 is assessed a penalty of 20% per month, not to exceed 100%; the amount of the business license Is $22 for 1984 and $22 for 1985; with the penalty, he owes $66; that is only for the units in question; evidently there are other units she was not aware of. Mr. Palomino said Ms. Bettencourt told him he had to renew a license, but he has never had a license; the previous owner of these five units did have a license; he is refusing to pay 100% penalty, because he did not know he needed the license. Further discussion. Vice Mayor VanDeventer inquired if there was anywhere in the County we could go to obtain multiple dwelling listings so that we could notify people; it sounds like there are other people who do not have a license. Ms. Bettencourt replied there is a publication, but it only covers apartment units; it would not include single—family dwellings; she doesn't think there is a way to compare how many people own how many units from the tax roll. Vice Mayor VanDeventer said he was not aware this applied to single—family residences. Further discussion. Moved by Waters, seconded by VanDeventer, Mr. Palomino be required to pay $44 for the 1984 and 1985 business licenses, and the penalty be waived. Discussion re the possibility of setting a precedent. City Attorney Eiser said the issue of setting a precedent becomes a problem when you are treating individuals in the same situation differently; if you are dealing with individuals in a somewhat different situation you don't have to be concerned about setting a precedent. Further discussion. Motion carried by the following vote, to —wit: Ayes: VanDeventer, Waters, Morgan. Nays: Cooper, Dalla. Book 66/Page 49 8/27/85 Mayor Morgan called a recess at 8:55 p.m. Council reconvened at 9:00 p.m. ROLL CALL Council members present: Cooper, Dalla, Van Deventer, Waters, Morgan. Absent: None. Councilman Cooper's report on RECOMMENDATIONS of the STREET LIGHT COMMITTEE (The Street Light Committee has studied the final draft of the report from the R. W. Beck & Assoc.; it was the consensus of the Committee to recommend to the Council that we authorize staff to enter into negotiations with SDG&E for acquisition of the street lighting system) was presented. Discussion. Moved by Van Deventer, seconded by Waters, we move ahead to acquire the street lights at the value recommended by R. W. Beck & Assoc. Discussion. Carried, by the following vote, to —wit: Ayes: C000per, Dalla, Van Deventer, Waters. Nays: Morgan. Councilman Waters congratulated Mr. Cooper and his committee for doing an outstanding job on this project. Councilman Cooper said he would like to give full credit to the CAL for instituting this project; two of their members were on the committee; they were always there and always suggestive. Vice Mayor Van Deventer said we do listen and we are concerned about the neighborhoods. ELIAS RODRIGUEZ, 1440 "I" Ave., was present and said for the first time he can remember, we are doing something to save money for the citizens of National City; Mr. Cooper promised in his campaign that he would work on this and he did not back down. CITY MANAGER Asst. City Manager Bolint said the matter of the unused vacation payoff for Mrs. Kerr will be on next week's agenda; we have received a letter from the State Labor Com mission. CITY ATTORNEY City Attorney Eiser reported he would like to give a workshop on conflict of interest prior to the meeting next week. Council agreed to adjourn to 3:00 p.m., Tuesday, September 3. OTHER STAFF The City Engineer's memo re RT. 54 PROJECT, DETOUR IN NATIONAL CITY BLVD. was presented. City Engineer Stafford said Council has a sketch showing the intended detour; it looks like a pretty good plan, but the one inconvenience phase will be very short —approximately two weeks where the traffic will have to route around to Hoover Ave., 33rd St. and onto National City Blvd.; when the permanent detour is in effect, it will be a pretty smooth operating throughway without too much of a detour involved; he will have the full resolution at next week's meeting. MAYOR Mayor Morgan inquired about cleaning of the ditches, especially those under National City Blvd., saying it will be raining soon. Mayor Morgan spoke of Mrs. Jain's letter re damage done during paving of the alley, saying if we have damaged her property, we should go over there and repair the damage. Moved by Waters, seconded by Van Deventer, the City repair the damages to her hedge and gate. Discussion. Councilman Cooper said he and Mr. Van Deventer had gone over there and there are damages. Discussion. City Engineer Stafford said he looked at the project and there is not too much similarity between the letter and the project; he would like to go over and talk to her and find out precisely what the damages are. Councilman Cooper said he would go with Mr. Stafford and show him what the damages are. CITY COUNCIL Councilman Waters requested the City Manager to investigate the car wash at Arby's; it has been going on for a year and a half and we have received several complaints; he was told a permit was issued for this and he would like the City Manager to look into it. Vice Mayor Van Deventer requested the nearby Tune Up Shop be included; they are flooding their neighbors out. Book 66/Page 50 8/27/85 Councilman Waters inquired about painting the south wall at the Casa. Discussion. Moved by Morgan, seconded by VanDeventer, we authorize staff to paint this wall. Discussion. Public Works Director Williams said it would be painted in time for their party on September 17. Carried by unanimous vote. ADJOURNMENT Moved by Waters, seconded by VanDeventer, the meeting be adjourned to 3:00 p.m., September 3, 1985. Carried by unanimous vote. The meeting closed 9:17 at p.m. CITY CLERK The foregoing minutes were approved at the regular meeting of September 3, 1985. Corrections No corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA