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HomeMy WebLinkAbout1978 06-27 CC MIN183 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA JUNE 27, 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. Bill Barron, Paradise Valley Hospital. SCHEDULED PRESENTATIONS ROBERT W. NELSON, General Manager, Metropolitan Transit Development Board, was preset re Guideway Planning Proj.and stated the Board has completed the study in response to Proposition 5 passed by the voters of June 1974 authorizing design and construction of a public mass transit guideway system, with funds set aside for that purpose from the gas tax; the Board scheduled seven town hall meetings during the month of June on making the guideway decision, whether to build it or not, on July 10, 1978; Staff recommended to the Board that if they decide to buy the existing railway (SD&AE) they immediately move to restore the railroad, get it back into service, and that as quickly as possible they build a guideway system. Mr. Nelson continued if the Board takes over the guideway element and actually constructs it, they probably would also assume responsibility for providing transit services in their area of jurisdiction; they have the right to assume responsibility for San Diego Transit and the right to acquire transit services from any agency and provide them to the community; he understands staff has had some difficulty with the planned bus routing not only for National City but the whole South Bay in developing the guideway planning study; the bus system .that's been described for that purpose was described by S.D. Transit and it would be fair to say their emphasis would be on placing service where people need it and have demonstrated a desire to use it; as a result they would be focusing more transit service in the South Bay corridor than is presently being proposed. Mr. Nelson requested the City of National City to take a position and decide whether they think this project will be good for the community, whether the Board should proceed with it; this would be the lowest priced fixed guideway system ever built in the United States; it would be a fraction of the cost of the other systems and yet it has almost the same capacity as a BART system has; what the railway gives them is the opportunity to start with a system that will satisfy the extraordinary transit demands in the corridor now...Mr. Nelson was asked if they would interrupt the freight service. Mr. Nelson stated they would not. There was further discussion. Moved by Camacho, seconded by Waters, we prepare a Resolution that the Council of the City of National City is in support of the Metropolitan Transit System. Moved by Camacho, seconded by Waters, the Resolution be read by title only. Carried by unanimous vote. Resolution No. 12,784, "RESOLUTION OF THE CITY OF NATIONAL CITY SUPPORTING LIGHT -RAIL TRANSIT SYSTEM." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,784 be adopted. There was discussion. City Attorney McLean stated he added to the last paragraph of the Resolution the words "that the City Manager be directed to coordinate with MTDB the planning for feeder bus stations, bus routing, levels of bus service, area development and other ancillary facilities; ... that this Resolution is a concept approval only, and the City reserves 6/27/78 184 its rights to object to specific aspects of any plan proposed." Motion carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS FRED PUHN, 425 Shell Avenue, was present regarding a proposed new subdivision adjacent to his property; and said he was not informed of the subdivision and exactly what was going in on the property, apart- ments, single family homes, etc.; he contacted the Planning Department and was informed that citizens are not notified of hearings to approve plans on subdivisions; he believes the least the City could do is drop him a postcard letting him know of the hearing. CHARLES RIGGS, 2731 K Avenue, was present and stated he was the Chairman of Citizens for Paramedics in National City and feels it's necessary to remind Council at this budget time that the people have voted for paramedics by 2 to 1 margin; they did it knowing the costs involved at the time; it's a necessary system for the City and urged Council not to remove it from the budget in view of Prop. 13; the Fire Department is the proper agency to handle the paramedics; a private system supported by the City would be a duplication of efforts. NORMAN DIBBS, 618 "R" Avenue, was present and stated he agreed with Mr. Riggs' statements; and presented to Council figures to "prove" cost of service by the Fire Department would be considerably less than the $294,000 estimated by the City. RON MAZE, 1049 "B" Avenue, representing the National City Family, was present and stated they are very interested in a Community Alert Program within the City. Mayor Morgan advised Mr. Maze to contact the City Manager and Chief of Police regarding this issue. BEN JAEHN, 540 5th Street, was present and stated he is representing Mrs. Jones of 515 "D" Avenue; her duplex was approved by the Planning Commission and they would like Council to consider this item this evening as on July 1 new building regulations will go into effect which will increase costs on the building. Planning Director Gerschler stated cases such as this are usually handled by the Planning Commission on Monday night, the material is delivered to the City Manager on Thursday for the Agenda for the next Council meeting; it would be impossible this evening to present this case without the backup material. Moved by Camacho, seconded by Waters, Mr. Jaehns be allowed to obtain his permits so he won't have to carry on an extra burden on this project. There was discussion. Moved by Waters, seconded by Camacho, we table the motion to the end of the Agenda. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla. Abstain: Van Deventer. ALFRED HLAWATSCH, 905 E. 13th Street, was present to oppose Mayor Morgan's proposal to levy a service charge upon all income earned in the City. Mayor Morgan announced he is withdrawing the recommendation. PUBLIC HEARINGS The HEARING on the proposed ZONE CHANGE from RM-1 (Residential Multiple) to RS-2 (Residential Single Family), properties bounded by Plaza Blvd., Palm Avenue, 14th Street, and the northerly prolongation of the centerline of "N" Avenue, excluding commercial properties fronting on Plaza Blvd., ZC-6-78 (a city -initiated rezoning; the effect of this zone change would be to limit all new construction to no more than one house on each lot within the area; the area includes 25 parcels containing 2 duplexes, 22 single family residences, and 1 vacant; current zoning could allow a maximum of 32 additional dwell- ing units within the area) was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. ASST. PLAN. DIR. GUNNARSON stated this is an area that is zoned for apartments but developed primarily for single family homes; the Planning Comm4 scion recommended in favor of rezoning to stngl4e famit3r No one was pre.cant in this re-oaxa. Moved by Camacho, 6/27/78 185 seconded by Van Deventer, the public hearing be closed and the proposed zone change from RM-1, residential multiple, to RS-2, residential single family, and the Planning Commission's recommendations be approved. Carried by unanimous vote. The HEARING on proposed ZONE CHANGE from RM-1-D-20 (Residential Multiple - Density 20) to RS-2-D-10 (Residential Single Family - Density 10) and RT-.D-15 (Residential Two Family - Density 15), properties within the 2000 and 2100 blocks of 4th, 7th, and 8th Streets and 400 and 500 blocks of "T" Avenue, ZC-7-78, was held at this time. City Clerk Campbell stated the Affidavit of Mailing and Certificate of Publication were on file. ASST. PLAN. DIR. GUNNARSON, stated this, too, was a city -initiated change; it is also an area that is now zoned for apartments; the properties mentioned on 4th Street are entirely developed for single family homes; the Planning Commission recommended the 4th Street frontage property be rezoned to single family residential the properties on "T" Avenue, 7th Street and 8th Street are developed with a mixture of single family and two family homes; the Planning Commission recommended rezoning these areas to two family residential; this is a follow-up to a previous General Plan Change. No one was present in this regard. Moved by Waters, seconded by Camacho, the public hearing be closed and the proposed zone change from RM-1-D-20, residential multiple density 20, to RS-2-D-10, residential single family density 10, and RT ©-15, residential two family density 15, be approved and all stipulations of staff be adhered to. Carried by unanimous vote, The HEARING on proposed ZONE CHANGE to rezone from CL-PD (Commercial Limited -Planned Development) and RM-1-PD (Residential Multiple - Planned Development) to CBD-PD (Central Business District -Planned Development) those properties located at and near the intersection of Euclid Avenue and Plaza Blvd., Charles Kerch, ZC-22-78 (a follow up to a GP-1-78 which changed the land use designation on the commercial properties at and near the intersection of Euclid and Plaza Blvd. from "Neighborhood Commercial" to "General Commercial"; both the current zoning of CL-PD and the proposed zoning of CBD-PD are compatible with the General Plan land use category of "General Commercial"; both properties proposed for rezoning are now vacant; the parcel on Plaza is buffered from the residential properties to the south by the Paradise Creek Storm Drain; the site of Windsor Manor Apartments at 910 Euclid Avenue is about 20 feet higher in elevation than the adjoining Euclid Avenue parcel proposed for change) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Mailing were on file. ASST. PLAN. DIR. GUNNARSON, stated this is a property owner initiated zoning; the Planning Commission recommended zoning the northwest part of this project to CBD-PD and leaving the property south of Plaza, CL-PD. CHARLES KERCH, 860 Isthmus Court, San Diego, was present and stated he owns the property on both sides of Euclid Avenue, originally the property was zoned C2-PUD and he could have put in a fast food place in that zoning; he cannot put in a fast food place since they downzoned the property to CL; he has signed an arrangement with Der Weinerschnitzel, which has upgraded their operation considerably; he has a real problem with size and shape of the lot; it fits Der Weinerschnitzel building very nicely; this particular piece of property is on the southeast side, which the Planning Commission recommends leaving CL-PD. Planning Director Gerschler stated as he recalls the Planning Commission's arguments weren't definitive; they talked about traffic in relation to the school, and that was about it. City Engineer Hoffland stated it would be technically possible to cover the drainage ditch but would be economically expensive. No one else was present in this regard. There was further discussion. Moved by Waters, seconded by Morgan, the public hearing be closed and the proposed zone change to rezone from CL-PD, commercial limited planned development, and RM-1-PD, residential multiple -planned development, to CBD-PD, central business district -planned .development, those properties located at and near the intersection of Euclid Avenue and Plaza Boulevards ZC-22-78,, be approved on both sides_gf the stre_ et with the same zones. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. 6/27/78 186 The HEARING on RESOLUTION OF INTENTION TO VACATE AND CLOSE THE SOUTHERLY ONE-HALF OF 20TH STREET BETWEEN HOOVER AND ROOSEVELT AVENUES, SC-5-78 (this City -initiated street vacation involves the southerly 40 feet of 20th Street between Roosevelt and Hoover Avenues; the northerly 40 feet of this portion of 20th Street was vacated by the Council at their meeting of July 12, 1977; area proposed for vacation is unpaved but passable and appears to provide the only visible means of access for trucks to O.N.C. Freight Systems at 2000 Hoover Avenue; this portion of 20th Street also provides direct access for large semi -trucks and trailers to Alco Fence Company's storage facility; the Planning Commission recommends approval of the closing subject to the following condition: [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) was held at this time. City Clerk Campbell stated the Certificate of Publication and Affidavit of Posting were on file. M.C. SCHRAGER, Attorney at law, 5374-C Sosieger, Laguna Hills, representing Mr. and Mrs. Goldberg the owners of block 44, was present and stated they are willing to give a letter of easement to these people to use this property until such time as the street is open, or limited to a certain time; if the street is not going to be opened they would like to have a definitive date; he received a letter from the Engineering Department that indicated this might be next year; they are willing to give a letter of easement for the public use of that portion of the street. City Engineer Hoffland stated one of the adjacent businesses, Alco Fence, objected to the vacation of the southerly half of 20th Street because they claimed they needed that area to turn their trucks into their business; however, they would withdraw that objection at such time as Hoover Avenue is constructed; presently there is a 1911 Act on Roosevelt and Hoover and he anticipates that will go forward; in addition, last year half the cos of the Hoover Avenue bridge was scheduled and the other half is tentatively scheduled for this year; if this is approved by Council, that street could be constructed this year. Moved by Camacho, seconded by Van Deventer, the public hearing be closed and the resolution of intention to vacate and close the southerly one half of 20th Street between Hoover and Roosevelt Avenues with the Planning Commission's recommend- ations sub&ect to the one condition. Mr. Schrager asked if they get the release can they have it the other way around that we present the letter of easement? City Attorney McLean stated the requirement is that the City is satisfied that persons having access rights on the street being vacated relinquish those rights. Moved by Dalla, the motion be amended to make a further requirement that the closing of 20th Street not occur until Hoover Avenue is completed. Motion died for lack of second. Moved by Van Deventer, seconded by Dalla, the motion be amended by adding a condition to the vacation procedure that the applicant for vacation offer to Alco Fence a temporary easement on 20th pending the construction of improvements on Hoover. Amendment carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. Motion carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: None. Abstain: Morgan. The HEARING on APPEAL of Planning Department notice of intention to ABATE AND REMOVE AN IMPERATIVE VEHICLE AS A PUBLIC NUISANCE at 38 North Euclid Avenue, ZV 77-61 (the property owner, Maria Ortiz, was advised by certified letter that the inoperative located on her property would be removed by the City if not removed within 10 days of her receipt of said notice; by letter dated May 12, 1978, the property owner advised that she is not the owner of the automobile and has no way of getting in touch with the owner; hearing was set for this time and Mrs. Ortiz was so advised by certified mail; staff recommends Council make a finding this vehicle constitutes a public nuisance and direct staff to pursue abatement) was held at this time. MARIA ORTIZ, 38 North Euclid Avenue, was present and stated she has not removed the car because she does not own it and doesn't have a way to remove the car; Mrs. Ortiz stated the car belongs to George Simpson and he put it there with her permission; he left the car there for supposedly two days, but never came back for it; she doesn't object to having the car removed. Moved by Camacho, seconded by Van Deventer, 6/27/78 187 this public hearing be closed on the abatement of this inoperative vehicle and that the Planning staff's recommendation that Council make a finding that this vehicle constitutes a public nuisance and staff be _directed to pursue the abatement be approved. Carried by unanimous vote. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, these Resolutions be presented to Council by title only. Carried by unanimous vote. Resolution No. 12,772, "RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1978-6 TO ALLOW A NEW SELF -SERVE GASOLINE SERVICE FACILITY ON PROPERTY LOCATED AT 640 HIGHLAND AVENUE (Southland Corporation -Super 7 Division)," Moved by Van Deventer, seconded by Camacho, Resolution No. 12,772 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 12,773, "RESOLUTION DENYING AN APPLICATION FOR PLANNED DEVELOPMENT PERMIT TO ALLOW THE DEVELOPMENT OF A TWO-STORY, SIX -UNIT APARTMENT BUILDING ON PROPERTY LOCATED AT 1128-1148 EAST 7TH STREET." Moved by Van Deventer, seconded by Waters, Resolution No. 12 773 be adopted. Carried by unanimous vote. Resolution No. 12,774, "RESOLUTION GRANTING A PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE 1077 (No. PD-108 to allow development of a 50- unit condominium project at 940 Palm Avenue - Frederick Meyer)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,774 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Morgan. Nays: Waters. Resolution No. 12,775, "RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY (Z-5-78, to allow development of a two -car carport having an inside width of 17' in lieu of the required 18' at the rear of 1019 East 18th Street - Del Sol Construction Co.)." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,775 be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: Dalla. Resolution No. 12,776, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION, TRANSFER AND ESTABLISH- MENT OF FUNDS FOR LEGAL SERVICES." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,776 be adopted. Carried by unanimous vote. Resolution No. 12,777, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF FUND NO. 44 - 1976 PARK BOND ACT, KIMBALL PARK, PHASE II & III." Moved by Waters, seconded by Van Deventer, Resolution No. 12,777 be adopted. Carried by unanimous vote. Resolution No. 12,778, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF FUND NO, 45 - LAND & WATER CONSERVATION ACT GRANT FOR KIMBALL PARK, PHASE II & III." Moved by Van Deventer, seconded by Camacho, Resolution No. 12,778 be adopted. Carried by unanimous vote. Resolution No. 12,779, "A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF FUND NO. 46 - LAND & WATER CONSERVATION ACT." Moved by Van Deventer, seconded by Camacho, Resolution No, 12,779 be adopted, Carried by unanimous vote. Resolution No. 12,780, "RESOLUTION AMENDING RESOLUTION NO. 12,075 APPROVING THE TENTATIVE SUBDIVISION MAP FOR BONITA GREENS, 3700-3800 BLOCK OF SWEETWATER ROAD, SOUTH SIDE (CALMOOR HOMES, INC.)." Moved by Waters, seconded by Camacho, Resolution No. 122780 be adopted. Carried by unanimous vote. 6/27/78 188 Resolution No. 12,781, "RESOLUTION AMENDING RESOLUTION NO. 12,295 TO EXTEND AGREEMENT WITH CHULA VISTA ANIMAL SHELTER." Moved by Camacho, seconded by Dalla, Resolution No. 12,781 be adopted. There was discussion. Carried by unanimous vote. Resolution No. 12,782, "RESOLUTION AMENDING VARIOUS RESOLUTIONS OF THE CITY OF NATIONAL CITY REGARDING THE COLLECTION OF FEES AND COSTS." Moved by Camacho, seconded by Waters, Resolution No. 12,782 be adopted. Councilman Van Deventer stated he had several amendments to the fees in the resolution. Moved by Van Deventer, seconded by Waters, the Tentative Parcel Ma °re set at $175.00. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Moved by Van Deventer, seconded by Dalla, the Zone Variance fee be set at $150.00. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Moved by Van Deventer, seconded by Waters, the Zone Change fee be set at $250.00. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Moved by Van Deventer, seconded by Waters, the Planned Deve1 moment fee be set at $150.00. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Moved by Van Deventer, the Conditional Use Permit fee which is proposed for $100.00 be set at $150,00. Motion died for lack of second. Moved by Van Deventer, seconded by Waters, under Parcel Map the fee is proposed for $75.00 he would propose $100.00. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Moved by Van Deventer, the Motel Tax fee be changed from 5% to 8% as this would increase the total sum of $15,000 which is needed. Motion died for lack of second. There was discussion. Moved by Morgan, seconded by Waters, the fee (Motel Tax) be 6%. Carried by unanimous vote. Moved by Dalla, seconded by Morgan, the doy license fee be changed from $10=00 to $5.00 for one year and from $18.00 to $9.00 for two years. There was discussion. Carried by unanimous vote. Moved by Waters, seconded by Morgan, the EIRS be set at the same level of $200.00 as the surrounding cities. Carried by unanimous vote. There was discussion concerning the proposed $25.00 fee for the Tiny Tots class, they are now paying $10.00. Moved by Morgan, seconded by Waters, this (Tiny Tots) be reduced to $15.00. Carried by unanimous vote. Moved by Morgan, seconded by Van Deventer, we charge $6.00 for the 4th srade swim lessons. Carried by unanimous vote. (On request of City Manager Gill Resolution No. 12,783 was brought to the floor.) Resolution No. 12,783, "RESOLUTION REJECTING ANY SHARE OF STATE SURPLUS PURSUANT TO SENATE BILL 154." Moved by Camacho, seconded by Van Deventer, Resolution No. 12,783 be adopted. There was discussion. Carried by unanimous vote, Resolution No. 12,782 cont'd: City Attorney McLean explained the Park Development Fund fee is proposed to increase from $75.00 per building unit and $35.00 for mobile home pad to single family dwelling, two bedroom, $250; single family dwelling, one bedroom $200; duplex, per unit, $150. Moved by Van Deventer, seconded by Waters, this ($75 and $35) be raised by $50.00 only. There was discussion. Carried by unanimous vote. In answer to the question how much the fees have been raised on the plumbing, electrical, mechanical permit fees, City Manager Gill stated the Mechanical, Plumbing and Electrical Codes spell out certain fee schedules; they are simply adopting the latest uniform codes. Moved by Camacho, seconded by Van Deventer, we approve it. Carried by unanimous vote. Motion to approve Resolution No. 12,782 adopted by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. Resolution No. 12,784 - See last paragraph, page 183. Mayor Morgan called a five minute recess at 9:30 p.m. Council reconvened at 9:35 p.m. ROLL CALL Council members present: Camacho, Dalla, Van Deventer, Waters, Morgan. Absent: None. 6/27/78 189 ORDINANCES FOR INTRODUCTION (first reading) Moved by Camacho, seconded by Dalla, this Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 6/27/78-1, "Pursuant to Land Use Code (2C-21 -78, to rezone from CG to CBD-PD property at 740 East 30th Street)." ORDINANCES FOR ADOPTION Moved by Camacho, seconded by Van Deventer, this Ordinance be presented by title only. Carried by unaniimous vote. Ordinance No. 1629 (61/2;/;8-a), "AN URGENCY ORDINANCE AMENDING VARIOUS ORDINANCES OF THE CITY OF NATIONAL CITY REGARDING THE COLLECTION OF FEES." City Attorney McLean said the ordinance reflects the various changes Council made under discussion of Resolution No. 12,782. Moved by Camacho, seconded by Van Deventer, Ordinance No. 1629 (6/2/;8-a) be adopted. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION OF WARRANT REGISTER NO. 49 dated June 27, 1978 in the amount of $63,319.07 (Warrants Nos. 62225 through 62290) and PAYROLL for the period ending June 15, 1978 in the amount of $178,613.02 was presented. Moved by Camacho, seconded by Van Deventer, these be approved and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla Van Deventer, Waters, Morgan. Nays: None. A CLAIM FOR DAMAGES from JUAN SANTAMARIA alleging unlawful arrest was presented. Moved by Camacho, seconded by Dalla, this be denied and referred to the City Attorney. Carried by unanimous vote. The Director of Public Works' report and recommendation of hearing on Special Assessment, Investigation, Limitation and Majority Protest Act of 1931, for alley between "K" and "L" Avenues from 18th to 20th Streets (the subject hearing was held June 21, 1978; there were no protests; it is recommended that [1] the project be posted at time of work completion at a speed of 15 miles per hour; and, [2] that, per West's Annotated Streets and Highways Code, paragraph 2905, the Council find the project feasible, that the lands can carry the cost, and the limitations be disregarded on the district as a whole, and on the individual specific assessments) was presented. Moved by Camacho, seconded by Van Deventer, in favor of the City Engineer's recommend- ation. Carried by unanimous vote. OTHER BUSINESS CITY MANAGER CITY MANAGER GILL reported the Chamber of Commerce requested City participation in advertising in the Chamber of Commerce Directory which will be published in the next month or two; the cost for the City would be $500.00 for the inside cover; the Chamber must know by July 1st whether the City will participate or not; therefore, we cannot give it to the Finance Committee for consideration in next year's budget, although it would be paid out of next year's budget, they need a committment at this time. There was discussion. Moved by Morgan, we contribute $300.00. Motion died for lack of second. Moved by Waters, seconded by Dalla, the request be denied. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters. Nays: Morgan. CITY ATTORNEY - No report. OTHER STAFF - No report. 6/27/78 • �30 PLANNING The Planning Department's recommendation a hearing be scheduled on the matter of hazardous conditions,SHOPPING CENTER PARKING LOT at 1750 E. 8th Street, LUCKY MARKET ( a Notice of Probable Violation regarding parking lot maintenance was sent to owner Israel Feurzeig on February 28, 1978; March 2, 1978 Mr. Fuerzieg advised Planning that he was "aware and would take action as soon as possible"; following further complaints from citizens and businessmen and no evidence of action a Request for Legal Services was filed with the City Attorney 4/21/78; a trial date has been set for 12/18/78; site inspection on 4/21 revealed 40 chuckholes 3 to 6 feet across; although some gravel has been placed in a few holes, some are more than 6 inches deep; on 5/24/78 Mr. Feurzeig advised Planning that he'd "fight this to the highest court"; the Planning Department has continued to receive complaints from merchants who have also contacted the owner and attempted to persuade him to make repairs; several merchants have offered to sign and/or circulate petitions) was presented. Moved by Camacho, seconded by Van Deventer, this hearing as recommended be held July llth and that every possible means of making this individual adhere to what he promised this Council when we changed the zoning on his property to make him repair that parking lot. It was suggested the City Clerk be directed to give notice to all of the merchant/ tenants in the center as well as the property owner. There was discus- sion. Motion carried by unanimous vote. CIVIL SERVICE COMMISSION Civil Service Commissipn's findings, determinations and recommendations in the matterof the APPEAL OF MRS. BEATRICE WOOD (Mrs. Wood, former Library Clerk with the National City Library was terminated from her employment with the City for disciplinary reasons on 3/15/78; Mrs. Wood appealed the dismissal action of the City Librarian to the Civil Service Commission; the Commission affirms the decision of the City Librarian in upholding disciplinary action of termination of Mks. Beatrice Wood, Library Clerk) was presented. City Attorney McLean advised council has the following options in this case: (1) accept the report of the Civil Service Commission and uphold the action of the department head in terminating this employee; (2) impose some other, or lesser, discipline; (3) can hold it and ask for further information. Moved by Morgan, seconded by Camacho1 we approve the staff's recommend- ation and uphold the action of the Librarian in terminating Beatrice Wdod. Carried by unanimous vote. MAYOR - No report. Item 24, Memo regarding the levy of a service charge upon all income earned in the City of National City was withdrawn from the Agenda by the Mayor. CITY COUNCIL Vice Mayor Camacho called a meeting of the Finance Committee July 5th in the Conference Room at 3:30 p.m. COUNCILMAN DALLA asked that the PARKING LOT OF THE SOUTH BY PLAZA also be checked for a hazardous condition. Planning Director Gerschler stated this has been looked at and unless steps are taken to improve it, it too will end up in court. Moved by Camacho, seconded by Waters, to bring Mr. Ben Jaehn's request back on the floor. Carried by unanimous vote. Planning Director Gerschler stated at last evening's Planning Commission hearing they adopted their Resolution 52-78 approving a planned development permit to allow the development of a duplex on property located at 515 "D" Avenue, the applicant was Ruth Jones, Case File No. PD-114; the Resolution cites compliance to the necessary Code findings for the approval of the Planned Development permit and attaches three conditions, (1) that a Covenant be filed holding the two parcels as one; (2) the development be in accordance with the plans submitted; (3) that the plans submitted for issvance of a building permit be subject to site 6/27/78 191 plan review. Mr. Gerschler said ordinarily this would come to the Council at their next meeting; you would be reviewing it as a notifi- cation item and could either file or set it for hearing; staff's recommendation on the case tonight is that Council file. Moved by Camacho, seconded by Waters, we just file it and proceed. There was discussion. Carried, by the following vote, to -wit: Ayes: Camacho, Waters, Morgan. Nays: Dalla, Van Deventer. City Attorney McLean advised that unless Council gives special instructions, Mt. Jaehn should be aware of the fact that the prospect of his obtaining his building permit before July 1st is probably zero; as he understands it, the work load in the Building & Planning Departments is at such a level that his plans are probably far enough back in the work load that issuance of the permit won't occur before July 1st. Mayor Morgan stated that his permit will have to go in order without any special privilege. Mr. Jaehn stated he understands this and appreciates the action of Council. Moved by Camacho, seconded by Van Deventer, the meeting be closed. Carried by unanimous vote. The meeting closed at 10:00 p.m. CITY CI�LRK CITY OF NATIONAL CITY, CALIFORNIA The foregoing minutes were approved by the City Council of the City of National City, California, at the regular meeting of July 11, 1973. ECorrections No corre.J ons MA OR CITY OF NATIONAL CITY, CALIFORNIA 6/27/78