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HomeMy WebLinkAbout1978 05-09 CC MIN144 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MAY 9, 1978 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: Campbell, Gerschler, Gill, Hoffland, McCabe, 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 the Rev. Milo Wood, First Baptist Church. APPROVAL OF MINUTES Moved by Camacho, seconded by Waters, the minutes of the regular meeting of April 25, 1978 and May 2, 1978 be approved. Carried by unanimous vote. PRESENTATIONS ANb PROCLAMATIONS City Clerk Campbell read (by title) the Mayor's proposed proclamations: "BETTER HEARING & SPEECH MONTH," month of May, 1978. Moved by Camacho, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. "FIRE SERVICE RECOGNITION DAY", May 13, 1978. Moved by Camacho, seconded by Delia, the proclamation be adopted. Carried by unanimous vote. "AST MA WEEK," May 14-20, 1978. Moved by Dalia, seconded by Van Deventer, the proclamation be adopted. Carried by unanimous vote. "MUNICIPAL. CLERK'S WEEK," May 14-20, 1978. Moved by Dalia, seconded by Camacho, the proclamation be adopted. Carried by unanimous vote. Mayor Morgan presented the Fire Service Recognition Day Proclamation to ORAN PENTZ, Fire Department, and commended the Fire Department on the fine job they are doing. LOIS JACO3S, San Diego Children's Asthma League accepted the Asthma Week proclamation for her association. City Clerk Campbell accepted the City Clerk's Week Proclamation. MAYOR'S APPOINTMENTS The Mayor's proposed appointment of JAMES R. HEINZ, to fill the unexpired term vacated.by Ralph Harris on the Park and Recreation Advisory Board was presented. Moved by Camacho, seconded by Waters, in favor of the appointment. Carried by unanimous vote. PUBLIC ORAL COMLMUNICATIONS - None. ADOPTION OF RESOLUTIONS Moved by Dalla, seconded by Camacho, these Resolutions be presented by title only. Carried by unanimous vote. Resolution No. 12,723, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Charles E. & Dolores V. Ballow, 1412 E. l4th Street)." Moved by Camacho, seconded by Waters, Resolution No. 12,723 be adopted. Carried by unanimous vote. 5/9/78 143 Resolution No. 12,724, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Joseph V. & Aline V. Leras, 2424 Granger Avenue)," Moved by Van Deventer, seconded by Camacho, Resolution No. 12,723 be adopted. Carried by unanimous vote. Resolution No. 12,725, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF FUND NO. 40 FOR KIMBALL PARK SHUFFLEBOARD." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,725 be adopted. There was discussion. Carried by unanimous vote. Resolution No. 12,726, "RESOLUTION ACCEPTING COVENANT RUNNING WITH THE LAND AND DIRECTING THE RECORDING THEREOF (Danny M. & Vicky M. Biggins, Alley adjacent to 1516 Roosevelt Street)." Moved by Waters, seconded by Camacho, Resolution No. 12,726-be adopted. Carried by unanimous vote. Resolution No. 12,727, "RESOLUTION ACCEPTING STATEMENT OF UNDERSTANDING AND DIRECTING THE RECORDING THEREOF (Flood Hazard Acknowledgement - Dixieline Lumber Company, 2630 Highland Avenue)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,727 be adopted. Carried by unanimous vote. Resolution No. 12,728, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION (Melrose Drain Phase II, Specification No. 872)." Moved by Waters, seconded by Camacho, Resolution No. 12,728 be adopted. Carried by unanimous vote. Resolution No. 12,729, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND TRANSFER OF UNBUDGETED GENERAL FUNDS TO COVER INCIDENTALS FOR 1911 ACT ALLEY IMPROVEMENT BETWEEN 13TH TO 2OTH STREETS AND "K" TO "L" AVENUES." Moved by Waters, seconded by Van Deventer, Resolution No. 12,729 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays.: Della. Resolution No. 12,730, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT AMONG THE CITY OF NATIONAL CITY, THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO IN CONNECTION WITH THE PLAZA BONITA REGIONAL SHOPPING CENTER, NATIONAL CITY, CALIFORNIA." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,730 be adopted. Carried by unanimous vote. Resolution No. 12,731, "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS (Alley between 18th Street to 20th Street and "K" Avenue to "L", Assessment District No. 194)." Moved by Waters, seconded by Van Deventer, Resolution No. 12,731 be adopted. Carried by unanimous vote. Resolution No. 12,732, "RESOLUTION ADOPTING MAP SHOWING EXTERIOR BOUNDARIES OF ASSESSMENT DISTRICT (Alley between 18th Street to 20th Street and "K" Avenue to "L", Assessment District No. 194)." Moved by Camacho, seconded by Della, Resolution No. 127732 be adopted. Carried by unanimous vote. Resolution No. 12,733, "RESOLUTION APPROVING REPORT AND FIXING HEARING DATE (Alley between 18th Street to 20th Street and•"K" Avenue to "L", Assessment District No. 194)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,733 be adopted. Carried by unanimous vote. Resolution No. 12,734, "PRELIMINARY DETERMINATION OF LEGISLATIVE BODY UNDER "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,734 be adopted. Carried by unanimous vote. 5/9/78 146 Resolution No. 12,735, "RESOLUTION OF AWARD OF CONTRACT (Alley between 2nd Street to 3rd Street and "E" Avenue to Assessment No. 192)." (City Clerk's report on opening of sealed bids inadvertently left off of Agenda. Bids were received from: [1 R.E. Hazard Contracting Co., $10,820.30; Alternate I -A, $10,891.40; 2] T.B. Penick & Sons, Inc., $10,274.17; Alternate 1-A, $9,784.64. 3 G. Spikes, p , $11,542.00; Alternate 1-A, no bid; [4] Griffith Company, Alternate 1-A, $14,780.00; the City Engineer's estimate was $8,378.00). Moved by Camacho, seconded by Waters, Resolution No. 12,735 be adopted. Motion carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalia. Resolution No. 12,736, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING TRANSFER AND APPROPRIATION OF FUNDS FOR ALLEY BETWEEN 2ND STREET AND "E" AVENUE TO "F" AVENUE, ASSESSMENT DISTRICT NO. 192." Moved by Camacho, seconded by Waters, Resolution No. 12,736 be adopted. Carried by unanimous vote. Resolution No. 12,737, "Award of contract (Fire Station Headquarters, Specification No. 879, Asbestos Roofing Company, in amount of $27,886.00)." Moved by Camacho, seconded by Waters, Resolution No. 12,737 be adopted. Councilman Van Deventer.asked inasmuch as only one bid was received who received notice of the work to be done. City Engineer Hoffland said the City notified the construction reporters; there were advertisements in the paper; three bids had been anticipated but only one received; the estimate was lower but the contractor indicated that the cost of insulation had gone up which caused the increase in bid. Councilman Van Deventer stated he couldn't see awarding a bid to only one bidder; Councilman Waters stated he would like to see this re -bid. Moved by Waters, seconded by Van Deventer, this item, the bid for the fire station headquarters roof, be re- submitted out to the public for bid. In answer to a question by the Mayor, City Engineer Hoffland stated that a lower bid could possibly be received if the insulation material cost drops in the future; at present it doesn't look like that price will drop. City Engineer Hoffland stated he would recommend Council award the bid at this time. Moved by Van Deventer, seconded by Waters, the matter be laid over one week and let the City Engineer call around and see if he can obtain a lower bid on the insulation. Mayor Morgan commented it's not proper to start calling around trying to get a lower bid. Carried by unanimous vote. Resolution No. 12,738, "A Resolution of the City Council for the City of National City Authorizing Transfer and Appropriation of Funds - Roof Repair -Fire Department." (Listed on Agenda but not presented.) ORDINANCES FOR INTRODUCTION Moved by Camacho, seconded by Waters, these Ordinances be read by title only. Carried by unanimous vote. Ordinance No. 5/9/78-1, "Pursuant to Land Use Code (ZC-2-78, to add H-15 [Height Limit Combining Zone - 15' maximum] to certain areas bounded by 4th Street, 8th Street, Highland Avenue and "M" Avenue." Ordinance No. 5/9/78-2, "Amending Ordinance No. 1469 regulating the construction, use and connection to public sewers and setting the fees therefore." ORDINANCES FOR ADOPTION (second reading) Moved by Camacho, seconded by Van Deventer, these Ordinances be read by title only. Carried by unanimous vote. Ordinance No. 1623 (4/25/T-1), "AN ORDINANCE PURSUANT TO LAND USE CODE OF THE CITY OF NATIONAL CITY, CALIFORNIA (ZC-1-78, to rezone from RM-1 [Residential Multiple] to RT [Residential Two Family] the properties in the 1000 block of Division Street, north side, 1015 thru 1035 inclusive)." Moved by Van Deventer, seconded by Camacho, Ordinance No. 1623 (4/23/72-1.) be adopted. Carried by unanimous vote. 5/9/7S 147 PUBLIC HEARINGS The CONTINUED HEARING on APPEAL, of Planning Commission DENIAL of application for PLANNED DEVELOPMENT PERMIT to allow development of a 2-story, 6-unit apartment building at 1916 "L", PD-101, (The Planning Commission at their meeting of 3/13/78 adopted a Resolution denying application for Planned Development Permit #101 to allow development of a two-story, six unit apartment for the reason that evidence presented to the Commission failed to support [1] the site has sufficient access to streets; [2] the proposed use will not have an adverse effect upon adjacent or abutting properties; the denial was appealed to the Council; the applicant has redesigned his project from two-story, six units to single story, three units; Council at their meeting of 3/28/78 continued the public hearing on the appeal and referred the re -design project to the Planning Commission for a report; the Commission at their meeting of 4/17/78 took action to recommend to Council that the redesigned project for a single story triplex be denied for the reason that the project will have a detrimental effect on the neighborhood) was held at this time. Planning Director Gerschler stated the Planning Commission looked at a single story triplex, recommending it not be approved; since then, the applicant has drawn plans for three separate houses on the lot; the Planning Commission has not looked at that plan; staff's opinion is that this would be substantially different; this should be referred to the Planning Commission. No one spoke in this regard. Moved by Camacho, seconded by Van Deventer, in favor of the Director's recommendation and continue the public hearing until plans are submitted to the Planning Commission and return to Council May 23rd. Carried by unanimous vote. DON REYNOLDS, 4190 Bonita Rd., speaking for the applicant, stated this would be acceptable. The CONTINUED HEARING on APPEAL of Planning Commission DENIAL of application for PLANNED DEVELOPMENT PERMIT to allow development of a two-story, four -unit apartment building at 1835 "J" Avenue, PD-99, (the project has been redesigned and the Planning Commission at their meeting of 4/24/78 recommended to Council that the redesigned project for a single story triplex be approved subject to the following conditions: [1j{exterior colors and textures shall be compatible with surrounding landscape; [2] development plans submitted for issuance of a Building Permit shall be subject to Site Plan Review.) was held at this time. RONALD DAVIS, architect of the proposed project, was present and stated they have tried to make a garden -type complex; this is a considerable change from the project that was first submitted and they hope Council approves. No one else was present in this regard. Moved by Camacho, seconded by Waters, the public hearing be closed and that the plan be accepted and the Planning Commission's recommendations that this redesigned project be approved with the two conditions as stated in our Agenda. Carried by unanimous vote. The CONTINUED HEARING to obtain the views of citizens and to respond to citizen proposals regarding the preparation of a PREAPPLICATION TO THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT for a grant under the Small Cities Program (the Citizens Committee for Community Development recommended Council authorize preapplication for $450,000 Small Cities Grant for residential property improvement loans within approved Housing Assistance Area and for public improvement and administrative costs in connection with such loans) was held at this time. ARNOLD PETERSON, Executive Director, Community Development Commission, was present and stated this is the second of two public hearings to apprise people of the proposal, a program of home improve- ment loans within the area bounded on the north by Division and on the east by Highland, on the south by 16th Street and including what is locally known as the "West Side"; the request is for $450,000, approximately $300,000 of which will be used to try to get private lenders to lend seven times that much and utilize a loan fund for residential property improvement within the bounded area. Mr. Peterson stated they have been working with the Citizens Committee for Community Development, which considered the proposed program; the recommendation they propose is based upon the regulations and criteria for awarding this grant; the City stands a good chance to get either all, or almcst,all, of the money available; they've tailored their application to fit the HUD regulations and conditions. 5/9/78 148 Mr. Peterson stated no one showed up at the prior public hearing; this is a one time only grant to be administrered over a two year period. Councilman Waters reported some of the public is asking why can't they participate in the project in their area. Mr. Peterson said the original area has been expanded; part of the consideration from HUD's point of view is this is an area of about 300 blocks and they like comprehensive treatments, they like systematic programs and the 300 blocks is about as far as the City can reach while still reaching low and moderate income people and still have a sound, visible impact over a period of years; in theory they could have the program City-wide, but they don't have the funding to do that so they started with the Center City Project area and have adding abutting area to it. Mr. Peterson stated according to HUD guidelines the block grant funds are to go to the low and moderate income people; with the exception of a couple of areas in the City, the entire City would meet the criteria of low and moderate income. Mayor Morgan expressed the hope that the day will come when the whole City can be helped through this program. No one was present in this regard. Moved by Camacho, seconded by Dalla, the hearing be closed and the preapplication for the 8450,000 for Small Cities Grant be approved by this Council. Carried by unanimous vote. The CONTINUED HEARING ON RESOLUTION OF ITENTION N0. 12,660 ("N" Avenue and 9th Street, Assessment District No. 188) was held at this time. City Clerk Campbell stated the certificate of publication, affidavit of mailing and affidavit of posting were on file and written protests were received from Juan and Irma Sibaja, 844 "N" Avenue, and George H. and Lottie P. Hayward, 820 "N" Avenue; a request was received from William Hankins that the hearing be waived on his request for inclusion in the District and that the hearing of objections not be required. ROBERT ONLEY, Civil Engineer Associate, was present and displayed a map of the Assessment District; stating the shaded area is of the instant improvements, consisting of grading, curbs, paving and incidental work; there were two protests to the district and they protest the boundary and the work; the estimated costs are: construction, $68,399.10; incidentals, $14,118.92; City contribution, $8,530.56; total to be assessed, $74,187.46; this is a benefit assessment and he has looked at each lot, or parcel of land, and determined that each parcel benefits proportionally to its estimated benefit. Mr. Onley stated in regard to the request from Mr. Hankins to have the boundary of the district changed to include a parcel of land, Chapter 8.5 of the Streets and Highways Code sets out the procedure to follow; since the owner has complied with the act by filing his petition, by the passage of a Resolution the Council will acquire jurisdiction to order the change. Mr. Onley stated the protests were very simply that they do protest being included within an assessment district and the cost of the improvement; there was no difference in the method by which he established their assessments in comparison to identical similarly situated lots within the district; the first protest, lot 15, Mr. and Mrs. Hayward's property, will be assessed at $3,086.45; lot 16, Mr. and Mrs. Sibaja's property, will be assessed at $3,353.45. PERO MENZES, owner of property at 924 "N" Avenue, was present and stated he supports this district; he feels the situation as it exists now is very dangerous, the street is very narrow with big holes in it that create traffic problems; he urged Council to improve this property. ROY SMITH, 910 "N" Avenue, was present and stated he is a 50o protest even though he is not listed as such; he wants the gate closed off the (bowling alley) parking lot; it's a hazard, trash comes through there; people walk through there to buy drinks and candy over at the store and from that corner to "N" Avenue is the place they throw their junk; broken bottles, etc. Mr. Smith stated he really insists on closing the gate. Mayor Morgan stated he agrees with closing the gate off the parking lot. City Engineer Hoffland stated they have included the parcel behind the bowling alley in the district for a community -type benefit; there haven't been any protests one way or the other, but they feel that if that were blocked off and they (the bowling alley) didn't have access, then they wouldn't be assessed and it would increase the assessment on the rest of the district; there probably would be a protest from that large parcel. Mayor Morgan asked City Engineer Hoffland to talk to the Traffic Safety Committee about the gate and bring in a report about closing the gate. ROY SMITH stated regarding "M" Avenue, weeds grow up along the retaining wall outside the parking lot and his neighbors to the south, Mr. and Mrs. Stanger (who are elderly). have 3/9/7 149 been doing a lot of cleaning there as has the lady on the corner, Mrs. Bundy; this is City property; it is not fair for the people in the area to have to clean City property. Mr. Onley stated the street is open from north side of 9th Street to the Stanger's property; this is a piece of public right-of-way that will be improved_ if the proceed- ings continue. City Engineer Hoffland stated once this area is improved there won't be any weeds growing up through the pavement. EDWARD STENZEL, 1333 E. 9th Street, was present and stated he agrees with Mr. Smith on closing the ramp, it is a hazard and a menace. Moved by Camacho, seconded by Van Deventer, the public hearing on Resolution of Intention be closed and that the request for inclusion in this district should be waived and that the hearing obiections shall not be regarded. GEORGE HAYWARD, 820 "N" Avenue, was present and questioned his costs, saying he received two different costs in communications from the City. Mr. Onley stated the present estimated cost to Mr. Hayward is $3,086.45. Mr. Hayward asked why the bowling alley is affected? Mr. Onley stated it was determined when the street was extended so that the driveway could be used that it was a benefit to the bowling alley and the bowling alley's assessment is $2,982.00. Mr. Hayward asked if the new apart- ments going into the area would be assessed? Mr. Onley answered yes,' their assessment would be $14,316.00. Councilman Dalla questioned the closing off of that section to the parking lot; takes action tonight. City Attorney McLean stated the present owner of the bowling alley wants to provide access to thss parking lot and was assessed accord- ingly; if Council wants to take action to deal with the access problem then the assessment will have to be done over and this will probably delay these proceedings months. Councilman Dalla asked if Council doesn't deal with this now, will that parking lot stay open? City Attorney McLean stated he's not prepared to say at this time. Mr. Onley stated he has a City permit for this and, if we take away his access, then the City will have to buy it back; that's the only access they have on this street because there's a retaining wall on the rest of the property. City Attorney McLean stated when there is material interference with existing access, it may cause a monetary injury which the City might be called upon to pay. Mayor Morgan suggested laying the hearing over one week to contact the owner involved and ask him about closing this and if the Council so desired at that time they could pay another $2,900, and the assessment could go ahead. Councilman Van Deventer stated it seems that the concerns of the residents in the area is to have that closed off and the $2,900 reassessed into the district. Mr. Onley stated this is a separate thing and Council is talking about a separate hearing; this hearing is called and Council can talk only about those things in the hearing notice. Mr. Smith stated years ago when they were building the bowling alley, the neighbors were protesting because of the liquor problem; they were promised at that time by Mr. Wilson that they would put up a six foot fence; never once was the word "gate" used, when they put up the fence the gate was there; there was never any agreement on an opening in that fence. Mayor Morgan stated that unless a gate is provided so they have access to the street it would serve them no purpose and they would be spending $2,900 for nothing. PERO MENZES returned to the podium and stated this improvement is way overdue; the people have met in five or six hearings, they have met with the City Engineer, etc., and it's become a safety problem; with the new apartments built on the corner of 8th and "N" adding additional traffic to the street, it's imperative that we go ahead with the district. Councilman Van Deventer suggested that a traffic study be made. MARTHA SMITH, 910 "N" Avenue, was present and stated Mildred Bundy's house is directly opposite the exit from the bowling alley; her fence has been knocked down numerous times; and asked what liability will the City have when it's all paved and cars move faster and they come in and damage the house and perhaps injure her? Mayor Morgan stated this would have to be looked at. GEORGE HAYWARD, 820 "N", returned to the podium and stated at one time the City was going to put the road through and they decided the water main had to be replaced; does this new improvement include the water main? Mr. Onley stated this does not include the water main. Mr. Hayward stated in another few years they'll dig up ;he road and replace it. Councilman Dalla stated that his main concern is that if Council goes ahead with this right now that it will eliminate any possibility of dealing with this problem of the opening to the bowling alley; if the bowling alley is included, their access cannot be cut off because they've paid their money; if it's been kicked around this long, why not wait a little while longer. Mayor Morgan said if Council paid the $2,900 that the bowling alley would have been assessed they won't have to add that to the other assessments. Mr. Onley stated the bowling alley owned the block wail which is the end of their property; 3/9/ 78 150 The ramp is on City property, it's a public right-of-way. MR. EDWARD STENZEL, returned to the podium and asked if the owners in the assess- ment are all assessed, what is the difference between the bowling alley and the properties facing 8th Street? Mayor Morgan stated if you eliminate the bowling alley, the only way they can use the street that they'll be assessed for is through that gate to "N" Avenue; if you close that off they have no use for that street. Mr. Stenzel asked what about the people facing 8th Street? They have no use for the property either. Mayor Morgan stated they can get around. Mr. Stenzel stated they are still being assessed. Mr. Orley stated the answer to that question is that the Council many years ago decided that they would assess half -way to the next major street. Motion carried by unanimous vote.. Moved by Dalla, seconded by Van Deventer, we refer the matter of the ramp to the Traffic Safety Committee for a report. Councilman Waters asked those present in the audience from this assessment district how many agreed with the ramp being closed. Mayor Morgan stated they would work on that problem. The HEARING on the INTENTION TO VACATE AND CLOSE THE NORTH -SOUTH ALLEY BETWEEN "C" AND "D" AVENUES, south of 27th Street, SC-1-78 (the Planning Commission at their meeting of February 27, made a finding that the north -south alley located between "C" and "D", south of 27th Street is not needed for present or contemplated future public purposes and could'be vacated subject to the following conditions: [1] evidence, to the satisfaction of the City Attorney, that all persons known to have possible claims to access rights to and from the street to be vacated have relinquished all such rights; [2] an access way no less than 20 feet in width extending 125 feet south from 24th Street shall be assured as required by the Fire Marshal) Planning Director Gerschler stated the staff and Planning Commission recommended that the southerly 125' be vacated and the northerly 125' not be vacated ) was held at this time. BEN JAEHN, was present and stated they are trying to eliminate the problem of traffic because there is only one house on each side going into the alley and they are using it as a driveway; they want to close this all the way so no traffic could go through and just use it as a sewer and water easement, which is what it's being used for now. Planning Director Gerschler stated the Fire Department filed a strong suggestion that the northerly 125' be preserved for fire access, 20' wide, which was the reason for not recommending the vacation of the northerly 125'. Mr. Jaehn stated he would appreciate having Council continue this hearing because as it is now they would have to improve the half of the alley and the people next to them would have to improve the other half; it would serve no purpose for anyone except the Fire Department and the Fire Department can serve both houses off the street. Mayor Morgan stated the property behind this area may be developed someday. Planning Director Gerschler stated he would urge the Council to give this careful thought before they close the entire alley. Planning Director .Gerschler stated he would bring in an analysis and report on this matter from the Fire Department. No one else was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be laid over for one week. Carried by unanimous vote. The HEARING on intention to vacate and close the east -west alley between "Q" and "R" Avenues, south of 5th Street, north of 8th Street, SC-3-78 was called at this time. The City Clerk advised the hearing was not properly noticed as recommended it be contined May 16. Moved by Waters, seconded by Van Deventer, the hearing be continued to May 16th. Carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for ratification of WARRANT REGISTER NO. 41 dated May 9, 1978 in the amount of $99,877.25 (Warrant Nos. 61696 through 61734) and payroll for the period ending May 15, 1978 in the amount of $180,839.02 and WARRANT REGISTER NO. 42 dated May 9, 1978 in the amount of $187,162.85 (Warrant Nos. 61735 through 61803) were presented. Moved by Camacho, seconded by Van Deventer, these bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays: None. 5/9/78 131 Item 29, CLAIM FOR DAMAGES from FLORIAN Lakeside Poultry Ranch, Inc., alleging property; and, Item 30, CLAIM FOR DAMAGES from maintenance of easement; and, Item 31, CLAIM FOR DAMAGES from LESLIE GUMBS, SR. injuries on February 19, 1978 was presented. Moved by Waters, seconded Camacho, Items 29, 30 and 31 be denied and referred to the City Carried by unanimous vote. for BRZEZINSKI, STELLA BRZEZINSKI, damage to real and personal MARTTIE S. BRIGGS alleging negligently sustained by Attorney. The Director of Public Works' recommendation to APPROVE DRIVEWAYS IN EXCESS OF 40% frontage at 2424-2426 GRANGER AVENUE, Leras, (the property owner is planning to improve his frontage with curb, gutter, sidewalk and driveways; current use of this area is driveway across the entire frontage; the department poses no objections to the driveways requested) was presented. Moved by Camacho, seconded by Van Deventer, in favor of this recommendation. Carried by unanimous vote. The Director of Public Works' recommendation to APPROVE DRIVEWAYS IN EXCESS OF 40% frontage at 2428-2430 GRANGER AVENUE, Hudson, (the property owner is planning to increase his frontage with curb, gutter, sidewalks and driveways; current use is for ,full driveways across the frontage; the department poses no objections to the driveways requested) was presented. Moved by Camacho, seconded by Van Deventer, in favor of this recommendation. Carried by unanimous vote. AMERICAN YOUTH SOCCER ORGANIZATION'S request to conduct a fund raising event (they have requested authorization to condut a '*Las Vegas Night" Fund Raising event in the display room of Balboa Datsun, 2700 National Avenue; the event is scheduled for the hours of 8:00 p.m. June 10 through 12:30 a.m.; a Temporary Use Permit application has been approved by the various City departments including Fire and Police; Asst. Police Chief Reed discussed the subject event with the Chairperson of the event, Mrs. Vickie McDonald; since "Las Vegas" Fund Raising events normally involve the use of various games of chance; Mrs. McDonald stated that games will be played for entertainment only and without loss or profit to the players; Chief Reed has concluded that the activities, if conducted as described, do not fall within the definition of "gambling" outlined in the Municipal Code; staff, as outlined by the Director of Building and Housing and the City Attorney, recommends that if the Council approves this fund raising event by the Soccer Organization, that it be subject to the City Attorney confirming with the District Attorney that this activity would not constitute any violation of law) was presented. Moved by Camacho, seconded by Van Deventer, this be referred to the City Attorney and City Manager to make, send a letter to these people saying what the City Attorney recommended at pre -Council and grant the application. Carried by unanimous vote. MRS. VICKIE MCDONALD, the applicant, came to the podium and Mayor Morgan stated she would receive a letter from the City Manager outlinging what she can and can't do. The Director of Public Works' recommendation to APPROVE A DRIVEWAY ADJACENT TO PROPERTY LINE AT 1SNORTH KENTON, Benyo, (the property owner has applied for approval and staff poses no objections to the driveway) was presented. Moved by Waters, seconded by Camacho, in favor of this item. Carried by unanimous vote. AN APPLICATION FOR ORIGINAL OFF -SALE GENERAL ALCOHOLIC BEVERAGE LICENSE, TYPE 21, by FARID YOUSEF HANAII AND PAULOUS HOURMEZIAN for the building at the NE corner of "N" and Plaza Blvd. was presented. Moved by Camacho, seconded by Van Deventer, we protest at this time and lay it over one week, at which time the City Attorney can bring back a report. Councilman Van Deventer stated there are many things on the Agenda each week lacking full explana`on and detail; every time they build a shopping center we need to know exactly what's going in. Carried by unanimous vote. 3/9/78 132 AN APPLICATION FOR OFF -SALE BEER AND WINE LICENSE, Type 20, by the SOUTHLAND CORPORATION for the 7-Eleven at 2400 Highland Avenue (staff recommends that the Council protest the issuance of this license based on the following: [I] 2400 Highland Avenue is the site of a recently closed Texaco Service Station; [2] staff has no knowledge of the future use or redevelopment plans for the site) was presented. Planning Director Gerschler stated they have advised 7-Eleven that the City's policy is to see plans before clearing a liquor license; a gentleman was here earlier regarding this and he was told staff was recommending a protest be filed with the understanding that, after the plans have been submitted and approved, Council can again review the liquor license application and withdraw the protest. Moved by Morgan, seconded by Camacho, staff recommendation be approved. Carried by unanimous vote. AN APPLICATION FOR TYPE 09 AND TYPE 17 ALCHOLIC BEVERAGE LICENSE by REGAL COAST DISTRIBUTING COMPANY, INC. at 2727 Hoover Avenue (a Type 09 license authorizes the importing of beer and wine while a Type 17 license authorizes the wholesale of beer and wine; no objection was found as to'a police problem) was presented. Moved by Camacho, seconded by Van Deventer, in favor of this application: Carried, by the following vote, to -wit: Ayes: Camacho, Delia, Van Deventer, Waters. Nays: None. Abstain: Morgan. The Director of Public Works' recommendation to APPROVE CHANGE ORDERS 7, 8, 9 and 10 to the contract for ADDITION TO THE NATIONAL CITY PUBLIC LIBRARY (the City's architect and staff recommend approval of the excess excavation and compaction costs due to unforeseen soil conditions, and the revision to the ceiling light layout; Change Order No. 7 will increase the cost $1,631.01; there will be no monetary increase in Change Orders 8, 9 and 10; funds are available in Fund 8 contingencies, $3,000, for this project) was presented. There was discussion. City Engineer Hoffland stated the total amount of change orders, if approved tonight (1 thru 10) would amount to $2,672. Moved by Morgan, seconded by Waters, this be approved. It was stated that when the architect made his report to the Library Board he estimated it would cost $60,000 to construct the facility and $60,000 to provide furnishings; since that time Council has extensively modified the construction of the building to eliminate some of the more costly items; even at that the construction cost is $92,000 which does not include furnishings. Motion carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. Vice Mayor Camacho stated he will not vote for any more change orders; they will have to hold the line. OTHER BUSINESS CITY MANAGER The City Manager's suggestion that a meeting be held in regard to street renaming recommendations to provide better freeway identification sigs was presented. City Manager Gill reported a letter was received from the Chamber of Commerce in this regard; there was a meeting on April llth with Jacob Dekema of Cal Trans and representatives of the City about the confusion caused by freeway identification signs; National Avenue and other streets in the City; several suggestions were made relative to changing of the signs; and it is requested a meeting between represent- atives of the City and Chamber to finalize the street renaming recommend- ations be approved; after full Council approval for the street name changes, this information would be transmitted to CalTrans for freeway identification sign changes. City Manager Gill recommended the City appoint a committee to meet with the Chamber and come back to the full Council with a final recommendation. Moved by Van Deventer, seconded by Dalia, we work along with these problems that seem to be affecting the City and the Chamber of Commerce. Carried by unanimous vote. Mayor Morgan requested Vice Mayor Camacho and Councilman Waters to serve on this committee. They agreed to serve. COUNCILMAN WATERS referred to staff meeting with the general public regarding Revenue Sharing and asked about the turn out. City Manager Gill replied there were two members of the public in attendance. City Manager Gill said the Planner requests opposition to annexation legislation; AB3546 and SB2093-1012 (relative to residential care); 5/9/78 153 he recommended the City Manager be directed, to write a letter opposing these bills. Moved by Camacho, seconded by Van Deventer, in favor of the Manager's recommendation. Carried by unanimous vote. CITY ATTORNEY - No report. OTHER STAFF - No report. STREET TREE AND PARKWAY COMMITTEE Recommendations from the meeting of April 20, 1978 ([1] San Diego Gas & Electric Company, 2010 Palm Avenue, four Cocos Palms interfering with electric wires; since property owner requests no replacements, replace- ments will be planted on Euclid Avenue between 4th Street and Division, in the parkway, east side of the street, four 15- [2] Mr. James B. Miller, property at 314, 316, da318nW. 17th Sta Palms; reet and 1712 Coolidge Avenue; due to sidewalk damage, drecommend7two strees on Coolidge and three trees on W. 17th Street be planted as replace- ments; the Park Division staff recbmmends ratification of the Street Tree and Parkway Committee actions) was presented. Moved by Dalia, seconded by Camacho, in favor of the Street Tree and Parkway Committee recommendations. Carried by unanimous vote. MAYOR The CHAMBER OF COMMERCE'S request for reallocation of funds in the City's ADVERTISING BUDGET (as of this date the CHAMBER OF COMMERCE advertising budget has an unused balance of $2,782.07 in the Retail Trade and Industrial Promotion Items; the Chamber feels that a portion of these funds, $l 800, can best be used at this time to promote the city in the areas of Llj San Diego County Fair Display; International Commerce Exchange with Tecate; CtheCChamberuwouldaapprecia� Council's consideration in reallocating these funds)was presented. late Moved by Morgan, seconded by Camacho, for approval. Carried, the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Mayor Morgan announced he has reserved the Community Building May 31, 1978 at 7:30 p.m., for a PUBLIC MEETING for the purpose of answering any and all questions regarding the JARVIS AMENDMENT. Moved by Camacho, seconded by Waters, in favor of the Mayor's recommendation. Carried by unanimous vote. Mayor Morgan stated he has looked over and houghabout what would happen if the Jarvis Amendment passed; there will be less service in every department and the one area in which they could save the most money would be to close Fire Station 2 in the industrial area; a big hunk of money could be saved there; if people of National City think they can take $1,100,000 out of the budget and knock off 31-35 employees and think they are making that amount of money, they have the wrong idea; there will have to be some deep cuts and this Council will have to bite the bullet; if the Amendment passes we'll have to have a meeting the next day and direct the Manager to make the necessary cuts so that we can live within the new budget. The Mayor continued as to the possiblity of the Legislature enacting new laws to make up the loss through Jarvis, if the people of this state votes the Amendment in, the legislators and the Governor would have to have holes in their heads to raise taxes when the people indicated they wanted the taxes cut; I don't believe that will ever happen because they are going to hold the line also; it will build the welfare in his State; the middle class people are going to have to pay the bill; this is a businessman bill. CITY COUNCIL COUNCILMAN VAN DEVENTER stated the CPO has asked the City to make their thoughts known on S21726; the Mills Bill needs modifications., but without the City making modifications it would not be good for the community; some of the cities have written letters on this andprotested; we are one of the few .that have not voices our opinion on thiss matter; Supervisor Hamilton and Senator Mills will be meeting give their views, at that time we have togive our,.�vg with the Council to subject, views regarding this J , as to what we believe is wrong; the time has come for the V9/73 Council to sit down and make our thoughts known; he would recommend opposing it (the Mills Bill) as it stands; there are modifications that could be made which would still give us power and this could be worked out, but without modifications, the bill is very poor. Moved by Van Deventer, seconded by Dalla, this be opposed. Carried by unanimous vote. PLANNING COMMISSION - NOTICES OF DECISION Item 44, Planning Commission Resolution No. 22-78, approving application for PLANNED DEVELOPMENT PERMIT on east side of "R" AVENUE between 4TH STREET and 7TH STREET (L.B. Nelson, Corp., PD 106); Item 45, Planning Commission Resolution No. 23-78, approving application for PLANNED DEVELOPMENT PERMIT to a.?low development of THREE SINGLE FAMILY dwellings at 515 "Q" AVENUE (Justo Pardo, PD-107); Item 46, Planning Commission Resolution No. 24-78, approving application for ZONE VARIANCE to allow development of a TWO -CAR CARPORT having an inside width of 17' in lieu of the required 18' on property at rear of 1019 E. 18TH STREET (Del Sol Construction Co., Z-5-78); Item 47, Planning Commission Resolution No. 25-78, approving application for CONDITIONAL USE PERMIT to allow 15 TABLE SOCCER GAMES at 1401 PLAZA BLVD., Unit 12 (Bruce Birth, CUP 1978-3); Item 48, Planning Commission Resolution No. 27-78, approving application for PLANNED DEVELOPMENT PERMIT to allow development of TWO DETACHED DUPLEXES and ONE DETACHED SINGLE FAMILY DWELLING AT 2208 EUCLID AVENUE (Roy Fierro, PD 110) were presented. Moved by Camacho, seconded by Waters, we approve and file all except Items 46 and 48. Moved by Dalla, seconded by Van Deventer, Item 46 be appealed. City Clerk Campbell recommended June 13th for the hearing. Carried by unanimous vote. Moved by Waters, seconded by Camacho, we refer Item 47 and 48 to the Police Department. City Attorney McLean stated the Planning Director recommended the items not be appealed but rather the matter of a regulatory ordinance should be referred to the Police Department. Carried by unanimous vote. In the invitation of Councilman Van Deventer, Roy Fierro, who was present in the audience, showed Council drawings of his proposed project. Mayor Morgan called an Executive Session on personnel matters at 9:10 p.m. Council reconvened at 10:15 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. Moved by Waters, seconded by Camacho, we adopte the City Attorney's recommendation of 811,000 as a compromise to Leo Elsey. Carried by unanimous vote. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:16 p.m. CITY CLER CITY 0. NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City at the regular meeting of May 23, 1978. 1:21-No corrections D Corrections M; iR CITY OF NATIONAL CITY, CALIFORNIA 5/9/78